Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-05
NUMBER 35&

q
40 be deposited in The Bank Of poxyiils ~ lr,;.-
Bank If any .onsf Wiskes 10 ale The ab9ye tlsv
may reduce the amount Oa each proposition 10 81
or 500 +"
On the 9th o. the same month The BET vas. ss,
BY Cook Co.. 50. $50 the sum pr posed. vas I'M
| p "a def0sisej, BY each % tie cavities ia ~.
8aHds Of uat + lend, d Be hat,is 6Yef 10 n :
sisDers when tie iesaIt Of the eee;iOa was ssesr-
ained-ihss is, whglevrT might he due eitherparly
under tbe terms Of the wager. Tbs bet embraced
nine different PROF nstious 10 the majoIi one Of
/ ne cahdtdaies would ieeeige-bUt al he PROPOSE
Fuonslo Be . "a 3 - - si4a D. $50 e.
Il IS stated that they we're al taken as one betand
'sa, Z was clearly and disiinsly so understood By
81 the parties 10 IT, -
Fas Flain ID IN error has been prosecuted bY
ane separate and distinct presen msnt- for this Of
ienee' treating II a. many sreBt bets or rrgers
Sna ny en- convicted ard punished tnasr one Of
taem atd BOs pleads and niles uvOa this eenvie-
non "a bar 81 ths oilers. AID The question f,raur
usieh IS watcher this Transaction constitutes enc
OAenee MY, Or nine distinct gHenses he aet of
io-0' en- y. p ,. &C. y. Rev. 4g5 declares thai
sny person or Persons who shall hereafter MAKE aav
ost o. 'rsJtr Of money, or other va ii bic moan
election or elections in this Sia q sballbs 80. -
misdtmsanor. AGd By the SCI Of 1885 eb az
Sec l., bening on electors is dte'arsd 10 bea,I !;
gaming An ingenious aud ellhorsis .r.,s,,s-t =
made On behalf Of the State 70 Prove thssrs-,. -;
tim bets, or wsgsrs exist in lhe e..e spd ~,
~
the soundGess Of the argument
u Is granted that man may Commit feYer.l d.s
tinct offences in the sane aet-and that the Dross
eutor msy carve as large ocnee out Of ths trsos
setil as be can let the be Ter rule segUs Ia 10
teat re IS not Al liberty 20 eat tu. once ~ Bsh
Op in h.s work on Crimioal Lts, l~oi I sec. Cs5l
says the contrary dociri, is bm inpei fe.iy suo.
ported, or Al least but iGdisIreily d.68ef , ibv
authorities. The deesisSs IN ne d,aersntl Siate.
AMI in England. 90 u 10 be in conflict
tu' II was held liz Vermont. hai v he e-iLe came
blow pOundedtSo men, eonsletiou Tor Al assaa!.
and battery committed on ere Of flism y n,d bar
fn ndictnen, for assault aRi batie1y On the siEer
Ard ~ North Caroline, vi re there vas = dliv ID
Keep The streets CT an Incorporated 5zn In rsfair
AID s'Veral icdicm we're fsuud On ihe sane dav
Tor breaches Of this du y, ia resg ga 20 several
streets u vas held thai cohYie len on one ~ aid
bar PTosse Jugs on the Ototrs Aad ia GsoFaia he
broad doctrine Is laid dJEn that a c5uvie N. or
aeqai.tsl on one ind c ment wii bar a se.ebd
wherever proof stOEs ths seeoad clse 10 be tbe
taTe Transaction With hs irs... % the other haad.
Engiish Al American authority % Be found 70
the contrary l Bishop. sections ESQ sic 90 Gss
Add in Vi idler vs. the STATE. : Hunpb. SIS q vas
held thai 10 = Pr,ssntmCEs for garnioE ~ bitiiug
on horse race run asOng public rad E. a good
defence thai the dsfeReaut had beea eoItfcieI and
punished Tor running the rsca
i Is not eontesdsd that he bet ia ibis case con,
siiiuies more than enc transaction aud If II we're
be dieulf, " on sound authority 10 maintain more
than one conviction. But without laying doRn any
distinct rule, as TO this matttr think this traps
setien dOss in fact constitute bur one bel or wager
within the statute, Sc combined snd arranged Ishat
il may be difficult 10 tell what will be The aeiusl
loss Of the losing party, unlil The ELECTION has
lt is difficult 10 ress1n ab0ut thing Ike his
snd much may be said on both sides Of t. Bas We
lhinA 70 cut up this transaetOn isto Riae dlslnct
offences, and as many puni=hne5ts, cannot be sup
ported ey slund argument OF ai1hori ". Tie con-
victiOn therefore, already had. must be held bar
10 the remaining Pressntmeuts. as &C the other
question We think the prssenlmsnis eorrsety fslad
by the grand jury, on the testimony Of a Eitness
that Vas sent before them to testify to gazing.
The act Of lS56, eh. 81, zee 20, c6anges tie acs
OF le4l, eh . sec II. and the rule in De-hags IS.
The State, Hum 3Ij- The Judgment Of tas.eir-
cut court viii be reversed MRIGuT.
A true copy. Test, C. W. NrLsoS. Clerk