The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1878-02-27
m ALan&xcE csURr.r

lssts 81 &+tfa ---~----T 81 III IL ~
We are compelled to omit all notice o!
this Court except so far as relates - lhe
csse Of sandy Hopson col. tral,sferted at
tile last tern, d Change court'io the ming
term Of Alamance Court The PRISONER,
with bis wife are charged with the MUIR
der ofpue Fowler Davis COL, near Chapel
Hill on the 2lst u july last. They We're
arraignel here at tho fali terinof the
Court, but the case d Sandy was removed
a. Ala.nahces whilst ii,e, Min sill awaits
her trial here III
aThetriai was set fora last Wednesday
shut when the case Was called, the Counsel
for ils defrnceslsked and obtained 4 post
ppnement unlil Thursday, On that
morning the casw was again called q the
prlsone. brought Into Court. the witnesses
Cor tue State aprwered 10 their names,
when Cnh Thomas Ruffin IN the part Of
the prisoner objected I" proceeding with
the trial on tie ground of defect in the
transcript Of tie record sent fronl Orange,
such transcript heing deficient ~ the
proper and l,ecessary endorsement Of the
foreman OF the Grand July.
Pie Solicitor Mr. Strudwick. admitted
tI,c alscnre ~ such endorsement; hut ar
guci that the transcript made q record of
lie artspr the tirand Jury, showing that
II was duly drawn aud swori, aud present.
ments duly made Aud the transcript
followed The precadeiiis laid DOWN la
Isafon's forms, wl,i,.l precaaa,lts hal been
formally recognized nv hi. Supreme Court
~ authority The solicitor a,l.ie.i, that
nn.ilille previous night, be had had no
opInrlunily 70 examine tie transcript,
ami therefore none Ia amend defects.
Mr. Ruilin argued, That while liieirans>
cHpt did nlakesllcb record. that WAS The
act afthe Clerk. not the foreman fthe
tir.nd jury; that the Clerk. wniie speak
ing truly lt,r himself, had no power io au-
tiieniicste The acts Of others, whose special
Ia c-rtsiD acts was required
by law ~ necessary ycriiicliion. @
The Judge Mclioy there was M
record that tine bin wAsrelurIed ~ n true
bill. Inihe case of Understood from
Moore. such 4 lsint had been taken by
The defence. aud Sustained by the Supreme
tourt, iinyalidating the authority II
Eaton. once before recognised ~ that |
bodyl The foreman ought q have stated
That true hill was returned inln Court, |
and should have certified 10 fliai fsc; over
Ilis own signature.
The Solicitor urgel that the prisoners I.
had pleaded e. the issue. VII icll would /
make ths record snfiicirnily :ull To cnn. |
I,lete the reuprd. They woulanpt 50 have
pleldei " tile forms wered.ieciive. They !
I'D ~ plead. and therefore waived the al. |
vantage such defects might have given |
Them.
/. Tire Judge bnl,l HAT the AFFECTION Of AIR. |
Rufiln vas well taken and he would sus- /
ain II. H#s
The Solicitor asked leave n amend q e |
record 10y having tile Clerk ~ Orange Ie.
orehinI. Hi- Hon,rargrel 10 THIS, even /
1 hs ila, 10 eLttr uppnihe trial on Satur. /
lay; but alter farther consultation, II was
.rsred 10 continue tile case until the Fall |
erin ~ .AlaDn,Icr Court. +
In csmnccIim with this case, i may lie
tales, that llle wife, the wrriclled partner
. tie guilt ~ saEdy HolSon. last week /
nave bi1I 10 child within ti- walls Of
he jail. e ..lL I