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SATURDAY, June io, '797*
THE AUGUSTA CHRONICLE
AND
1 * - •X. •
GAZETTE of the STATE.
-■ ' t . t . \ r
FREEDOM or thi PRESS and TRIAL bt JURY »hall aimain inviolat*. Conjlitution of Giorgio.
AUGUSTA: Printed by JO H N E. SMITH, Printer to the State.- Essays, Articles of Intelligence, Ad/vettijtn^nU
&c. will be gratefully received, and every kind of Printing performed. [Price Three Dollars per tjnnum.^j
t .
Mr. Smith,
Please pub’ilh the inclofed reports in
four paper. lam hr, &c.
benjamin Taliaferro.
Slbirt County, April Term , 1797.
The State, 1
vs. > Horse Stealing.
John Thompson, jun. 3
JOHN Thompson, jun. was indited
br felonioufly taking and carrying away
fromthe plantation of William Winn, on
the Bth day of May, 1796, one red roan
gelding, the property of the said Wil
liam Winn.
Wiiiiara Winn being examined on oath
depoh th, that the horse mentioned in
the indidment, was stolen from him on
the Bth day of May, 1796 ; that at the
time he was stolen, he was in an enclo
fore with a bell on ; that on the evening
of that day, alter dark, he saw the pri
soner pals by his house and about fifteen
minutes after, the bell which was on the
horse (lopped, on which he exprefled
fears to his family that Thompson had
stolen his horse. It appeared by the
confeftion of the prisoner nude before
the juftitces of the peace at the time of
lis examination, that there had been an
kgreement between himfelf and a man
of the name of Pitman to steal the horse
charged in theindiflnoent, that they went
CO the house of Mir. Winn together for
that purpose; that Pitman after dark
I take the horse and brought him to
place where he Thompson was, and
went oft' together. The jury after
ing the arguments of council, and
■ considering the evidence upon their
s, do fay that the prisoner is guilty
le felony wherewith he (lands charg
he prisoner was remanded to jail and
he next day, to wit, the 22d day of
il, 1797, he was again brought to
bar in custody of the fheriff. and
g aiked by the court whether he had
thing to fay why the court ought not,
1 the premises and verdid aforefaid,
roceed to judgment against him;
othing fayeth—whereupon the couit
eeded to pronounce the following
;nce : It is considered by the court
you John Thompson, junior, be
n to the jail of the county of Elbert
1 whence you came, and from thence
he place of exesution on Saturday
6rh day of May next ensuing, and
e between the hours of one and four
)ck in the evening of the fame day,
are to be hanged by the neck until
be dead.
-ethorpe CountV, March Term,
he vr State » 7 Uttering and palling 2
V f* _ I counterfeit guineas.
>Y Upfhaw. 3 0
HE prisoner Leroy Uplhaw was in
rd for falfely uttering and palling to
John Greyiham, two counterfeit
leas, of base metal, of the likeness
fimiiitude of Engiilh guineas; know
thern to be base and counterfeit as
efai J, contrary to an ad of the gene
ifTembly.
>r the trial of this case the aforefaid
i Greyiham, produced in court two
teas which had every appearance of
metal, and the faidGrcyllnm being
nined on oath fayeth, that he receiv
the two guineas aforefaid of the fri
r with four others which were good,
lifeharge of a debt; that Tome time
r he informed the prisoner that the
guineas were counterfeit; when the
aner told him that if they were he
not know it, and that he would pay
other money for them; ten or
Ire days after the prisoner came a
-1 to his house, and informed him he
part of the money to redeem the two
GEORGIA.
guineas that were supposed to be coun
terfeit, which he reiufed to receive un
til he could pay him the whole; at another
time, alter he had obtained a warrant
against the prisoner, he, the j rifoner,
applied to pay him other money lor the
two guineas, but he reiufed to receive it.
It further appeared that fomc Ihort tim* 1
before Uplhaw paid the money to Grey
lham, he had received in Virginia aeon
fiderable sum of money in gold, and at
the time of payment pioduced to Mr.
Greylham a number ot guineas, out ot
which he took such as he liked, am
weighed them himfelf. Ihe jury fouax,
the prisoner not guilty.
Oglethorpe County, March Term,
r/97.
The State, )
vs. > Horse Stealing.
John Hopper, y
THE indiftment charges the prisoner
with telonioufly taking and carrying a
way from the plantation of Jofoph
Thomas, on the 19th day of February,
r 797» one grey gelding, the property of
the said Joseph T homas.
It appeared that the aforefaid grey
gelding was taken, at the time mention
ed in the indiftment; that on the day
following he was seen by a Mr. George
Sorrel, in possession of the prisoner; and tn
the 22d of the fame month, was swapped
away to a Mr. Jones, who gave to the
prisoner a sorrel mare in exchange. The
jury found the prisoner not guilty.
Jackson County, April Term,
The State, Y
vs. C Horse Stealing.
John Lively. y
IN this case the prisoner John Lively,
was indited for felonioufly taking and
carrying away one mare, on the 28th day
of January 1797, the property of Taibot
Arthur.
Talbot Arthur depefeth, that he pur
chased of the prisoner Lively a black
marc, which w:;s afterwards stolen Iroin
him, and that he found his mare in the
pofltflion of Lively.
The prisoner in his defence produced
a warrant from Hugh Marr, a jullice of
the peace, authorising him on proof of
the mare to take her; and it appeared by
the oath of a Mr. Jones that Arthur con
fefled after he was possessed of the mare,
that he had not really purchased her,
but intended to return her to the prison
er. The jury find the prisoner not
guilty.
Judge Few’s Charpe to the Grand Jury
of Burke county, Superior court , March
Term
Gentlemen of the Grand Jury ,
YOU are feiefted from the body of
your county for the important purpofesof
ad mini Ice-ring jufi ice—enforcing of the
laws—pcnifhiwg of ofF:nders, and pro'eft
ing of innocence. Thcfe are duties, of
which the community looks up to you for
the faithful performance. This court
takes cognizance of all criminal offrrccs,
and you are required todefignate the of
fenders. Permit me then to solicit your
serious attention to that intcrefting bufi-,
nefs. The peace and order of f ciety—
the fafety and protection of citizens, and
the prefervaxion of their rights are com
mitted to you, and you arc to announce
the delinquent and to wipe from in
nocent, the imputation of guilt.—When
you deliberate on those important (ob
jects let net prepoff fiions, nor personal
considerations, operate on your minds ;
take for your guide the laws of the land,
and the unerring principles of jultice,
and permit no other motives to influence
your judgments-; then will you b' come
tire terror of evil doers, and the defence's .*
of the oppressed; and you will inculcate
and promote the principles of moral refti
rude, encourage industry and honesty, and
compel obedience to the laws. 1 hen will
you discountenance all the opposite vice:
which interrupt the harmony of society,
and multiplies the business of courts.
It is to be lamented that this county
presents lo many objects of legal animad*
version—Charges against offenders will
be brought before you of crimes of the
deepest malignity, and it behoves you
minutely to invettigate those offences,
and enforce that jufttce which the violat
ed laws require. The dreadful crime of
murder is among them. A crime that
strikes with horror and rouses human in
dignation: But let not your difeulfions
be marked with paftioti, or refentment—
cooly examine the fads, and, according
to evidence, apply the law. Murder is
thus briefly de fined by a celebrated au
thor: “ When a person of found memo
ry and diferetion unlawfully killeth any
reasonable creature in being and under the
peace of the state, with malice afore
thought, either rxpreffed or implied.*'—
It would he tedious to enumerate all the
cases of Homicide which have been ad
judged either exprefftd or impliedly ma
licious. You may take it for a general
rule that ail Homicide is malicious and of
c jurfe amounts to murder, unless where
juitified by the command and per million
of the law ; excused on a principle ot ac
cident or felf preservation; alleviated
into, rnanflaughter by being either the in
voluntary consequence of some aft not
ftriftly lawful, or, if voluntary, occa
fioneu by some fuiden and fufficiently
violent provocation.
It has been julfly observed “ that laws
are the conditions under which men, na
turally independent, unite themfelvesin
society” for their mutual fafety and hap
piness; for the due performance of those
conditions every individual in a state of
civilization is bound by the social com
paft, the nr ft solemn obligation, the vi
olation of which is denominated a crime,
and grand juries were instituted to enquire
who are the aggressors, and what are the
tranfgrdfions. The law enumerates titfi 1
ny essences which require your attention.
Not only murder, treasons, burglaries
and larcenies, those enormous crimes
which draw down deftruftion on the cri
minal; but every offence or misdemean
or which illegally injures the person, or
infringes the light of a citizen, sre fub
jefts of your animadveifion— ?.nd let not
those offences be committed with impuni
ty which are dilhonorable and injurious
to society. The most effectual method
of preventing a repetition of crimes is to
efiablilh the certainty of immediate pu
nilhment. Humanity andjufiice unites
in calling for your exertions and vigilance
on thcfe occasions. Every offender who
efeapes the hand of jultice derogates from
the dignity of courts and authority of the
law, and exilis an enemy to the order
and happiness of mankind.
Tocr quire into the application of all
public monies of your county, and the
conduft of public ofircers.
To examine rfie situation of public
roads and bridges, are duties required ol
you; and where malverfation or default,
appear*, you are to present the offender.
Various indeed are the duties that will
to you in the progress of your bu
siness, which it would be tedious and ur
necelfarv to enumerate; many of them
are briefly comprized in the oath you
have taken. Aft according to that oath
and the diftates of vour own cor.ciences,
and you will eftablilh pri> iples of law
and justice, and righxoufly merit the '
approbation of yo»r county.
(Signed) W. FEY7.
• Burke county, March 2, 1797*
• * * « • 0 j ■ |h.
EVt»t. Nu.
r •• »• «•<*<[
Superior Court , Burke March I 0»
1797.
THE grand jury brought in their pm*
fentmenta, which were ordered to IMI
read* and are at follow*, to wit,
GEORGIA,dBi/axi County.
WE the grand jurors for the body of
the county oi Burke 00 our oaths prcfcot-
We present as a grievance that several
of the roads leading through the county
of Burke are in a had (fate, to the injuiy
of the citizens, from default of
surveyors appointed under and by virtue
of she power lodged in the interior courts
and the non appointing of others to vn*
cancies. The grand jury are of opinion
that good roads are a blessing to the com
munity at large, and particularly advan
tageous to those who carry our produce
to market; they therefore recommend
to the inferior court to fill up vacancies*
and the solicitor general to prefer indict
ments against the refractory officers.
The grand jury feel a pleating fatisfac
tion in the re-appointment of judge Few*
and are happy to observe that, although
tha (hafts of malevolence, aided by thf
hand of speculation, aimed his downfall*
(fill it had but little effieCt against Bin
election. They are convinced that tha
judge's attention will be driftly paid cm
the business oi the refpeCtive counties
under his administration, and hope thaC
a due regard to the laws and good ordec
will result from his labors for the com
mon good. They return their unfeign
ed thanks to the judge for his candid
charge to them at the commencement of
the term; as also to the solicitor gery:-
ral, for his attention to business in hi*
office, and recommend the said charge*
together with this be printed iu the Stare
Gazette.
ABM. JACKSON, Foreman*
John Mornfon, Joel Rees,
Win. Ogden, John Wyche,
Wm. Martin, Robert Allen,
Green Bell, Jeremiah Atkinfop*
Wm. Moore, jun. John Broom,
Simeon Lowrey, Zach. L. Fryer*.
Henry Moore, John Steptoc,
Thos. Farnell,
Ordered , That the foregoing present
ments, together with the judges charge*
be published in one of the public Ga
zettes of this date.
Certified to be a true copy frovrth* -*•*-
nutet of court,
JNO. DAVIS* C. 5. C. B. C,
PrefcntmenU of the Grand Jury of ife
county ofi Camden , March tenth T 797.
THE grand Jury of the county of
Camden on their oaths prefcot, Hugh
Brown and others for an uojud commyu
nicarion to his excellency the governor*
which flares that two vacancies existed
in the office of judice of the peace ill
this county, in coofequeoce of wbicb
communication, two persons were ap
pointed, though no such vacancy existed-
We also present Wm. Niblack, *fof
his improper conduit in carrying about a
petition foi moving the court-hoofe and
jail, from the place where the legijla
ture have appointed it, which could
have no good objeH in view, and tends
to diflurb the peace and tranquility of
this county, which being a frontier, it
ought to be the with of every good citi
zen to prevent.
We prefect as a great grievance, that
the laws of this date are not put in full
force, by the cop&itQted aathaiitica a
gainst those who have the audacity to
live in a date of ineeft, in presence of
their Gods fheir country, and the law*
of the land, as well civil as religious.—-
We.do bkewife present as a very great
grievance, which may efteA both the
pe/fons and property of the good citizen*
of this county, iaparticular, and a