The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-09-16
Law REPORT.
COMMON PLEAS.

CuhhUN PLEAS.
GRAND LARCEYY.--Edward w. Daniels and
Alfred Mills were before the criminal branch of this
Court ludge Garter presiding) charged with larceny
Of wearing apparel valued at Sl22 the property ofW
Court handCuffed and remained 30 during the trial.
The prosecuting witness deposed that the 22d Of
July he went to his room in Selves's Building, on
Third-street and upon unlocking tho door and going
in found these young men, the prisoners inside He
at first supposed he had mistaken his room, and had
commenced Gpologizing, when Que OF the men seized
him By the ar, attempted to choke him and struck
him several blows; Witness however, held on to him
until he was arrested. The other escaped for the
was placed on the bed and the contents were thrown
round. Witness's clothes, pants, coats shirts, c.,
and bowie knife were taken from his wardrobe,
some packed into a traveing.bag and others were
lying round on the floor or table.
Some difficulty was experienced in eliCiting from
the witness the value of the articles He stated in
to express any opinion to what their value would
be in the market if offered at secondhand.
Some such scene as the following occurred as the
value Of an article was inquired for:
Prosecuting Attorney-What was the value of
those cashmere pants!
Wtness-I cannot afiix any price.
Court-They were worth at least something.
Witness--Do you want me, Judge, TO lswear to the
value Of old breeches? (I.anghter.l
MIR. ii. Brooke, Zone of defendant counsel)-What
would they be worth to yonr executor?
witness cannot say thSy were worth one cent,
Judgment would you say they were worth!
With $50 whom
Prosecuting Attorney-To q man that wanted
Witness Well, perhaps 81 50 or 50. To me they
were worth nothing. They were faded and did not
ut me.
The Prosecuting Attorney here asked the Court 10
direct the witness to give intelligent answers. He
could certainly state what in his opinion, the articles
were worth. From the way In which he seemed at
present disposed to treat the interrogatorie put by
the State, it was question whether his property
ought to be pr0tectei.
The witness said would answer correctly, and
Of uiy nm inin uhn ha I.,nt Lnou Ia
did not know anything about the price of second
hand clothes.
The opinion of the witness as to the value of many
of the other arceswas elected after repeated ques-
tions. He preferred, however, conining himself to
stating the cost of the articles and what they
worth to him individually.
On coming to the shirts, Mr. Baldwin, associate
counsel with MIR. Brooke thought circuitOus mode
| of coming at the opinion Of the witness might be
| avoided by VARYING the question-andh he asked
"What would you pay for such a shirt yourself?"
"Wlat would pay for an old shire"
"What! that another man had worn?"
eyes"
"Not cent, SIR" "a laughl
The witness stated that the bowie knife was worth
Several other witnesses were examined.
| The Jury found verdict of guilty"
| The prisoners were also convicted on second in
dictment for q similar oticnse.
| Vim. Coley, indicted with A. L. Shepherd for
stealing wearing apparel, the latter entering plea
of guilty. was found guilty of receiving the stolen
property-value assessed at twenty EIGHT dollars.
| A. G.. Denis for defense.
| PROBATE COURT.
NEW MODE OF EMANCIPATION -HABEAs Cor
PUs-A negro woman, forty seven years of age, and
her seven children from two to eighteen years of age
were before the Court for the purpose of being
cipated. 1t appears that in some instances, where
slaves have been emGnc pated in the free States and
have returned to their former homes, the Southern
people complain of the act being fraud their laws
TO avoid this issus and prevent the judgment of tht
Courts from being colaterally mpeached, the
adOpted In the present was to file petition for
writ of habeas corpus aud have it ledOn the owner
| who comes in and demurs thereto. The Court de
cided that it had jurisdiction over the parties and thu
subject matter, and required tho owner to answer
He then avers (but does not vary his answer by off
dayitO that lie has brought the slaves here for
temporary purpose, and intends to take them back
The Court holds the answer to be insufficient, anC
decides the negrOesbecause In the State of Ohio by
his Consent--to be free. The owner then produces
his deed of emancipation and the Court orders it t
| be made up as part of the record.
| MIR James Puryear, an old gentleman seventy
years of age resident of Nashville, Tenn, was thu
owner of these elayes anu the father Of all the chill
dren, except one, which was his grand.child. MIR
Jollitfe appeared as attorney.
BEFORE JUDGE sTORER-IN CHAMBERS.
ATTAoHMENT DIsMlssED.-In the case o
| Snellingvs. Lowonsten II Son, an attachment which
had bsen issued against the defendants was ordered
to be dismissed. i. Ball for plaintiff; r. McCook fol
| defense, ..