Daily press. [volume] (Newport News, Va.) 1896-current, 1908-09-29

l kind OF produce gambling. ana II ~
I impossible for any but dangerous re-
, suits to come from It," The like Ian
, yuage Is applicable also to many
other combininss. in trade and manu-
features, for the enrichlng OF wicked
men ont OF the losses and woes OF
men too honest 10 combine with them,
or the poor. and the widows ana
children whose simple minded tntegri-
. ty renders them specially subject TO
their power. These combinations practi-
= caliy absorb the old commOn-law sim
pie crimes of this sort. but we have
seen that they ar" for other places
and not for this chapter
In his notes to the foregoing sec.
'tlons. DR.. Bishop cites and quotes rs
follows:
Lord Coke says that or one oc-
Icassion the judge had in considera-
ltion a case. which he seems to ap-
prove. where Ii was prest nted that a
/ Lombard did proceed to promote ana
tendance the price OF merchandise,
and showed how. The Lombard de-
handed Judgment OF the presentment
for two causes: CD That 1t did not
sound in forestailing: t2) That OF
his endeavOr or attempt by words
NO evil was put in use, that Is. no
price was enhanced. ct non allocatur.
and thereupon he pleaded not guilty
Whereby it appeared that the attempt
by words to enhance the price of mer-
chandise was punishable by law. ana
| dill sound in forestallment: and Ii
appeareth by the books that the pun
ishment was by fine and ransom
And In that case Kn.ve; reported that
certain people land named their
lnames) came to CateSwOld in Here
Yorkshire, and said in deceit or the
people that there were such wars ho-
yond the seas as no wool could pass
or be carried beyond the sea. where
by the price OF woods was abated: and
upon presentment being made,
they appeared and upon their con-
| IL ssion they were put to fine and ran
son."
I'm 1901, two cases against the same
defendant-Rex V. Washington.
East, l43, Rexsv Waddington. l East
tl67-came before the Court of King s
Bench, wherein the substance OF the
charge seems to have been engross-
ling though there was no effort TO
give 1t a name. They grew out OF
villanous speculation OF hops. and the
defendant was held to be rightly con-
victed. These cases will repay an
attentive examination"
The doctrine OF the text. the read
| er perceives, tones down the ah-
cient common law greatly in favor OF
trade and speculation. For Lord
Coke says, 1t was upon conference
and mature deliberaton resolved by all
Justices (D that any merchant. sup
iect. or stranger, bringing victuals Or
merchandise into this realm. may sell
them in gross, but that vendee can
not sell them again in gross. FOR tnen
he is an engrosser according to the
mature of the word. for that he buy IN
gross and sell in gross, and may ne
indicted thereof at the common law
al for an offence that is nahum IN Sc.
(2) That NO merchant or any otner
lmay buy within the realm any victnai
lor other merchandise in gross and sell
the same In gross again, for then ne
lis an engrosser, and punise Fable ut
supra: for by this means the price VI
lyictuals and other merchandise shaH
lbe enhanced to the grievance OF the
subject. for the more hands they pass
through the dearer they grow, ior
everyone thirsteth after gain.
The last English trial for COM
lmon law regrating, of whrsch have
knowledge, is Rex v. Rusby. Peake
Add. Gas 1879, A. d. 1900. have also
tefore me a pamphlet report OF II,
somew more full. Lord Kenyon
presided. Mr.. Erkine was the leading
counsel for the prosecution, Mr.. Law
for the defense The learned judge
lobserved to the jury Il quote from the
pampletl that although all the acts
OF Parliament which had been on the
1 statute book a hundred and fifty years
had in an evil hour been done away
notwithstanding the ravages maze ny
l. the Conqueror and some other princes
of the Norman line, 1t had been ms
lowered in some Saxon laws which mad
kbeen found since. that this was an
FofYence at common law. and that
there could be NO doubt but by the
IIav Of the land these offences ape
nroyidede against After some in
lsrfuctions to the jury upon the evi-
ldence. they returned verdict oil
leuilty, Thereon his Lordsh;p said:
iGentis men, you have conferred as
great benefit on your country as, ]
believe. almost any jury did confer.
In am not able to draw from this case
lord Kenyon's precise limit TO the
ioffence. The defendant, says the
pampiet report, stood INFLICTED ror
Having. on the Sth OF November last,
Lar the Corn Exchange. purchased thu
Inv ouarters Of oats, which he had
!. posed to sale and sold again On the
Isame day Nothing Is stated about
lanv enhancement Of the price: but the
Little page Of the pamphlet describes
] The trial as having been for resratine
lin huyins corn at Mark Lane. and At
l,erxards selling II on the same DAY
Ia, An advanced price Mr.. Erskine