New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-17
VIRGINIA.
A CURIOUS TRIAL.


The following is literal copy of the record OF a
trial in Virginia and is a legal curiosity Congress
has continued the same courts and the same laws in
force under the Reconstruction acts:
NORTHAMPTON COURT to irit 10 he County Court Of NE
sgd County: The Jurors of the Commonwealth OF Nir-
and now attending the said Court, upon their oath pre-
sent that David n Boo free person. on the DIST day in
and maiciously, adHsedly speaking, maintain that
owners have no nights of property IN their slaves ana
ssara persons that the slaves ought TO be free aud he
wished they all in Canada or elsewhere against
,b neace and dignity Of the Commonwealth Of Virginia
WM. T. FICHErT, Attorney.
rinRS JobE r. Nottingham severn ChuTn Elder Holt
witnesses called and by the Court. sworn in court and
monwealth against David n. Boo Indictment for main
tanning that owners have not right OF property IN Their
s&ySs court held fer Northampton County the
nth day of June 1861 David BOOl of the County Of North
No right of property in their slaves was led to
bs bar in custody aer of this court and pleaded
nct ef,tV TO Indictment whercupon came jury, to
wit John C p. Kellum Leonard n wilkins, Jacob T.
John ". Reid, Jessie n. Jaryals, George r. Turner;
JSomas Powell Charles H. Council, John c. Scott and
the truth Of and upon the premises TO speak, ana having
heard the evidence upon their oath do say We the jury
dnd the defendant guilty ana hnd that ne SaaIl De I'm
ywbersupon the said David BOOl moved the Court to
set the Eerq a and tSe eVence the further eonsdc
zion of which motion the Court doth postpone until to
taE And at another day, to wit; court convened by
adjournment and held in and for the County OF North
anton ON the nth day of June, 1861 David BOOl who
stands convicted Of msdemeanOr was again led To the
hahn IRE custody Of the ailer Of th court and the mo
ton made on Yesterday to set aside the verdict rendered
sSainf him being fully argued, is OveIIuled Where
150n the said David BOol tired q bill OF eNcep-
ton to the 3 ana 81 sea 5Sf 81 the cCa and
dered 10 be made a part OF the records III TINS
csse Whereupon IL being demanded OF the said
David Boo il anything further for himself he had OF
knew to say why the Court here should not now proceed
F,doV ant aOaU
Nothing being offered OF alleged IN delay OF Judgement, II
j. considered by the Court that the sand David BoQl he
imDoned i'm the la Of this county for the term OF three
months and aiterwar until he pays the cost Of this pros
ecutiOu be otherwise discharged by due cOuIse OF
law and thereupon the said David Boo renanded to
Tbe bn OF execution referred to in the foregoing pro
4edncs is in the words and figures following, 10 wit BE
It remembered that, after the jury were sworn 10 ny
the prisoner in this case, the CommonwSata lIoNed ~
witness John r. Nottingham. that on Tuesday; the 2ist
day Of May last, he was present, togetheT MIN 'he
prisoner Severn ChuIn, Elder holt ana loSr i a.
store called the biTdnest in said County that witness
thai witness asked him n he was q Union man under
Iincou administration, and the prisoner sad he was
and that he went the abolition cf slavery IN Nr
gina he thought it would be to the interest Of Virginia
10 abolish Slavery and further said that ne was IN
favor OF all the slaves being sent lo canada upon le
owners being paid for them and II Canada would not
hold them Of sending them TO hell that the prisoner
said nothing about the right OF any one 10 own slaves
and did not deny that owners have lght OF property
slaves sent of; and the Commonwealth proved by
another witness severn Chnrn that ne was present. @
the conversation about Union ana secesslO' that
prisoner said lie thought that IL moral wrong To hod
slaves and there ought to he ships chartered 10 send them
all 10 Canada and If there not enough there TOT
them they Ought 20 be hell prisoner ana not say
owners had no light OF property IN then slaves ana si
that when the slaves sent away tie owners shoo
be paid for them.
Aud the Commonwealth proved by another witness
Elder Holt that be was IN the COunngrOOm OF the store
house when the conversation referred 20 10y the wless
Nottingham and Chum took place IN salesr1on adjoining
at witness the clerk OF the store. and was waiting
On some customers, and heard part of SAID converse
uon that be heard the witness John r. Nottingham say
y the prisoner the North once held slaves and finding
the North to come here and free slaves the prisoner
SAID yes; tbt vessels should be chartered 10 SEND thch
% Canada; II net room enough in Canada, 10 hell
Ana lne commonwealth proved by anOthcf WlthcEs,
Elder Floyd that he present at the conversation
referred 70 by Tie other Witnesses ana heard prisoner
say he thought II morally wrong 10 hold slaves
and that they ought to De shipped 10 Canada;
ness ala not hear prisoner say anything about
the Norm coming 10 free the slaves prisoner
afteFNard told the witness NOttirg CHAM that he the
prisoner had been drinking much the time Of said
cOnxetsatlOn. And this all the evidence given the
tila Ana thereupon the fully argued by the
c0unseand the jury thereup0n rendered their verdict
Aud thereupOD the prisoner the court 10 set aside
Inc sald verdict and grant him new tllal upon the
ground that the said verdict is contrary law aud the
evidence, which motion the court OveTruled 10 which
opinion OF the court refusing TO grant neW trial the prs
Onef by his counsel excepted and prayed that these his
exceptions might be sigued scaled aud indOrsd which IL
done accordingly. WM G.. SHITH. Seal
GEO ". SMITH SeaLl
j. A. FISHER, Scal.l
GEO L. j. THOMAS, seall
JOuN A. sIMPKINs, lSeaLI