- ti I ' t Y r I ( .-, jf . I flif , , A i - i f i ia ike Niu.ral I -r .-' t.t -."rn t-y V. a." i, 'f. t-t !r. AJit U.- iot . kn I'i U .a t;m U ! I &et ree t t mJ if it i-v?n&ii tUit as '.ri'f-t 4 . i . i... - v.. I Kf- ta.r J.fc:rJ, la avtt Li;H Cut Jrif( hi trtln af reao;3g ue Vice-president aprv.dt t.e fj'lwwint 6(et "This ap pear t be a ion tt,uar. -.The da - ciaa any have euaniaaa, and . . re w eote nrceaaary, because the note did not ttt with it.n 1 am perfectly wilting, luat lte blJ'.gent res Jar V sbouU 4ece qoettiae t !'! oe tweco at. by adding .brva '. tiooi (1tt. ta Ihe ordiaary roaiine, it vvraa the &tJ of is Secretary of State, -1 baf draw 'e exposition, which ap peared ia tho IntiUigacer tad (kit he - would have dane H i litgltl probable. ' but fmm I's having ditaeoted from ibt rincir.1e4 it contained.: ! la the f-irexo- ng no,e,,tbe Vice-president' evidently t'jjscti t the tripjiMeof jwelfited 'jo tnj.rr. .-If le fept-t th.ro mnt 1 thi rata. more ttronr- Iy bound, to eicfpt.U intt wiicuteoj. 'ed ta tj pn him tlw .w-itin it jkt N1i'!telctt, rf itwi lUojical and bixouI. ewJcUI1f m St ? preot- -1 1:, t. '.mnfid, eonuined in hi letter -of 'the ; C3;h ef M.tSSO.: B V becKng ,-l"a the cor'recttiew ,tSe;rjmt:Ot.io . 'cn'e taev-"td wtvina; nj 4jctiin to ' " l'nt furled. t hitrequtit, he must eoBStJcred i hurinj; fccfiiesctd in the corrc:neM,iitl l;)j;iihflacyod found nf, pf; the eonclion, Jhlt lie J the fBtJiwr of tUo MiiiUe tetter',-1: ' i couiidet t'i ViAB1 Pf enulent the mthor ' " f tha aoe anpended to Itny JaHtr in the TiV' tap't. v. la hi elalwratc 4etfer ; Pr.wF.int w,i at Milleil?ville,on the l6thf- Awt;- " iHsyi'tfter .,he. t4Sd'tUrntth A.llgOtirtHJ. .UttUi f; .v ' tr, thre jpjreared tti(emett ia , th i Journal noraowhst vwied f rm that inSde - m v hind oo the article bat haM di- .'.' li - i V... . J...I.I ' rememuerit, ctruftiitaaca jbxpd it up. It on -Mr, Crswfapli nd it ia M to my iUnc m' ev'4f nee of guilt; a evidence - that j 'b.d.;"comm!ioicale(l "saetfilc: crcts t5 the KdUflf C thi .Gciiigi Jui the' ehlcment the Georgia fniirrjai jwsa ud ehirgedp?armfbj1lit;;(W ?tsss not state an v. of tiie'Tircam- iLvicct tbat.'M aaa Bxed - it frt When it if prsflmed, that ne ti.tu vlara'a ampl.lelbel!iWti.inJich'tSjuh yrrtwa oy ua roost tirb rcij att ih 'tluUhe M fly that "ei i'ljiior i ine weuri s , a ou raa t forro!lileni'd it. ia tiiR Mlotfifig pap rnnnniii.lt iinnftC(l (turivft our irlftti-fiiri ' V1 ' rrf.itt.-Crawford, esfiecttpff'jlhi re? ' nropricLty'if VTCStini; -Genrat .t&fVi etl that I hail been charged with any " cini.ectiojvHh thft -statemeVU' in 'the Qebrgh' JutrroaUttAtti. IfoioeJiics'etJ'Ot "' tober t tiely eatv i whea : a pa iii nhlpt nuhlished bT -Joltrj'.'Clark.itluin Coverfior .' of deorgia,, fcH .jaio mj t0 aotisiflwhkh '.contained' i!ie't!ia,rjte, dcotnpanK)i by- the1 evidence f.th , charge, wliicli the Governdr' Wt been rf. able totuiiecu bai me viueoce wa j ' Bntore'o ridicuiuua.-thal.none -btit " the" fiuthrtr would bavtj tnide the char je. T -The as Vipo litttnpkiiK wlitb- urea ta tsc cftrrespouaeoceandgaudrega , cf the Vtc-Pre'ulent. ttiformd roe that JGa'veronf Clat.k;hal . eejilt hi 'charge v , a&d evidenca to .Genera) jfei&tfin, W be V by himiaidbtfore the President! . It ft r" prewttma uax ?ir. v;Bin,oBp,wasveoQritt' '-' ' ant of tbi) fact, as he tell;. thet Preat ; lent in M lettetof the 20th (Va-. 1830, " 1 YQii'.nfi'.doubt einember;itliya$' ; never informed pir.Mr..Monroer fe-htli- --x-w r ino-' viiargo wan .muumtca iu uuu. Iat!beJfmfwi,cned,'th Senatorrfrom . l j i w iu,wj ii." vvutim IIMVI " urfred iDT removal, from- the'Ca&inet land they cotnrauaicated Jt' to-rne- the .,ft . m a ft . ana rn mimr aiicv va raaiv oa to flhtained no turrencjr I do ht1 tc- collect to have icen 4 sibgle ftference to it" id &qt newsDdne. not tveajti -tlie ; v asrun riob- wep o. icao aitnou tna pamphlet waa pubiishtd, etpreswy to l- ject the t'resjaen:iai election-.was v ' o ridiculous and malignant, that! . even fr Mr: Ci-.lboun,a tresa. the- Wasliinsrtfin JJeDu&'nt&nX whicb teemed with 'daily hiiK if mo. thnuo-lit it nroent not' ti ''' 1S6 f It.! : let . it ; charge cob taioea in 8ucn a pampniei, , an;nnoer - v, tuchctrcumataoccSrthtttthftVKja Preai V -"Cent consiaera evinrnce against, me t because; l hadsoot ueniea n. -,- V . ; A number of the Globe, dated b the ' V: latter end - of February ' list, contains potcs explanatory of the nofe appended tr ray lcttr. of the d October J 830; i y ti9 vice-rresuieni, wnicn ia neauea V: the fi.IIowirj remrk:" The editor oi i.ie iciciri ii nas 1 Duoirent'ii .,ir 'Crawford's , letter - to' Mr,'-: Callioun the no tea 'of hh tUl Uart tl-rf-e, ia at Jratt tlat at j a, tit aa'A.U attaa. u ta. ai lt. ftifrttra ti k fc tiaeat a-' Ja, f, it Mlftf-'J l!iajff tiaa tSat W faa ael ac4it .. Ti rirr at alrai; tro jUS4 ia a t rw!y f jxrft, n t!rIare kae rcacl.fi K.a tt.rp;S arit:y ( change'.. Ha fcaa ewotraJittra! mitt f iHaaa, anJ wait b p-ii4 to bate a-uttfd ia traia f t cbar IWwJ, tvf an caa betitT. tat 3ir. CaJaaun IJ haa cCrlf4 A ta f writ'n; U atta to ana;ht. pcraoau fa Lis(ttrf tae .31t October iaat. rnaroiai; nice, it U area thaf b i&tea tied ta ae tSit leUer" aaicst Pe. I ht n', Wfar iba apfnaraoca of Mr, Caliowo'aKTiral pnWcatvaia, ao der.fwvl anl Ml fT ffC aod tflfenat ty af thit eicUmUoa .f tha patnarch Jo l)K that mioa Jerary had written a book. t ine bi written to Uika,aoJ one act of natejj by wb'Kb ktU cruvkitA Uj Upd eviJate. . lat. Of kevine written', or united l t tcrti In. tha sVmhvUlt lcUrt which ia bia Uterof tbiM bof May. 18J0. be at art neer U n 24.. Of ha inj aet dp th9 Jf'a$lin(in. Jlrpv'Jiean for thepurpitt if tillifiing jny rrputa t7r.. 3 J. , Of having fmpirid with Xinian Ed'Sardi It titttroy my official and private thiroeter. la hn le'trr. Iaat .'rffrred to, .the 1cc-Preidtnt pronounce!, " That it w jld have ben (lUhDaorablefrtU'im to hsve written the Naa!)vil!e .lettM- t injure one of hit aKtata in tht B1.inltra,jol;, N , rational twin j wiJl, I think, diiscnt from thU acnttrncev But he ia, by hia Hates, convicted of tfcia duihonornble act. N'ow it i rpctfBily autimitted ta the decision of enlightened- readera of this review; whether if is more disholioruble to have written that letter, which coit Itfinibulontfahchooitati.i injury of that atupc'tait, ilnn to have etfublithcd aprcti'fir villifyiag the reputation, of tht tame aisociali, which teemed iciih daUy fidie'tooJa upon that associate. The Vire PresidentaiTects aiuch pa triotism and great veneration for the fundamental institution of the Uni ted State, There i none of those in stitution more vital than the liberty of the press. That liberty can never be impaired in, the United Slate, but by its . licentiousness. It fs fnmly be-, lieved that m press c(abish d in the Uni'n, carried the ' Hcenti.un,i of the press' 'to-suvh extremes tke Wah ingjton KepulMtcan not even exceptm th) notorious Peter Porcupine. The Vice President i therefore an etifmv to the littrty of the press. Again, it is respectluMy Submitted to the communi- , to ucide, whether U was more dis wiorabtixn have, written the Nashville etter. than to have etcited Ninian Kd- Warda to conspire Wtilr him ta blast my repuulton tor ever, and hx a Htigma up oa my innocent - uaouenuing cniiurenr liie !tore;(iirtw questions ate submitied iih flitu!let confidence, Jhat the en Wer will be och aa a virtous commn ni f ou ihi t o gl ve ; t ha t t h e dishono ra rtfffe-witiwe iuxesuJarJjraiUtinri, T-jtcnetl aa over wun ifUimlit. It is but fair to gjye . the and. terminates-in a climax. TSoTlce. Preafdenti liberal in hw charge j of my cnmUraaViOsthim, i am tepn-scnted by him as his bitterent enemy, as hii most inveterate' enemy. JHs true I Icel m friendship foV " liitn, and have not since th publication of the Naslm'Je letter, ondi,bave never made.- declaration of friendship for btrr;atoc: Umt period. yhat lajthe evidence which he prodil ires pf my cntoity la him? ' 1st. My let ter ,t0 Alfred. Dalurw Esq., 2d, My let- tcf to Mr.'Barrv, re sp?ctit0the dec- njn ;:ptt..f Jsre, A'reiuen. , ine reauer is reqif-Sted to compare -thi evidence, w,fK' 4lin .rharrrha -ihi'-'K 1iava: be en es tabiished by ." legal ; e vid en ce a- gamst tb ; Vtco Prcsulent, andtlecule t-etween as, wlii J. mi i funushed the most eiet)coVof , eniftity. ' and resentmirjit Some Enstish afithor. I da riot re-collect which at this moirientj says that a mah - , , . ', ... t . i . . : wna nas neen lniuroa 07 anntner. may forgive the injury, and eve a become the friend ci the person who "mulcted tns in1miyar bat ,.ththe person who inflict eQ,ine. iftjdry;y"can never be reconciled to, .6r be the friend of (be person ipju red.ilf;thi reasoning Is applied , to be "Vtc i President van d invself, it mustije eyiaem mat- nexan nevp?r wcome-roy , trieml, bst,tnat-ttis possvatjf tihoui be-3offle;KH:.-&aC sidifbt wn; -tvbepvb-tb'arge me with', b-iihg' his bittcfeat; eHrnyi ; lnca be mean that I Would dolnm ah act f in ¬ justice,- pcraohaM trmiry? If ; tic means this he is jvrong.1 l nereis, not a human being rahe.---rwoVlJtp;'rwh-ni.,i woald do..a perianal lojnry; .or aactf. liijastice.'y lint if bemeansii am hot rtt ptvJ ' afrifeJ mr ai-! oVata, Metara, liare, Ci? aa4 t)s-Ji-y Pca, wrra any p-moaal a4 pii!k4lfia-isaod ee .bore, Caa a v aua ta ba aasaea Utca I wm!4 katataa-ia lb taclaaarva artribslaJ U mI; Ur.Mc!C Friday nit.., and aa Saaiay ebeald kareeaa-lio-asty rraae4, all aacb cwaiaaftica tUoa ta ny peraocal cec.fi ieaual lai pa'lUcal frteoda? Bat ia the Preaidea tiaJ caa rata of UZ3 aad IS 24. every thing wi vietded by - Mr. Calboaa aad k liietwli. to Injure aoe aad tub of the friends was snore auiva thaa Mr. McUafLe. I rtaatnier ana a bis Tmcer saecbea at Cambridjra I tkiak. be dewgflated aaaU tka radical chief, a teraa at tkat tine ia tka ealinaatioa af Mr. McDaCe aa4 kia patroa Mr. Cal ha, of the bitterest reproach. If tba facts ioatliaeal ia Mr. Mc Do GaVa let ter t the. Vice President had beta kaowa', they wsa!4 have been proclaim ed at every cross roads, ataater ground, and rvea pon Ike boose topa aot only i'i oath Carpliaa, bat throaghoat the Cnitfd ttatea. oat a whisper however was heard of then daring that period of excitcineot, becan-a they had not been hatched, and were conceived and brought forth tAt when it was believed to be necessary for the Vice President's drfrnce. Judge Moore, whose letter it herewith published, bas been for naoy yeara a judge af tha inferior conrt ( Oglethorpe county, and very extensive ly koown in thia Slate, and where he ia known enjoys the reputation efa man of honor, honesty, and veracity, equal to t'.iat of any man in the State or United States. His atatementa are therefore entitled to fall credit.' Dr. Dano, who now resides ia West Tennessee, no doubt recollects trie same facta and will doubtless confirm them when re quired. It may be right to state that my visit to Col. Simpkins house was confined to the time which elapsed be tween tne breakfast of the passenger and the starting of the stage. Every per-son who has travelled in the stage, knows that it is generally ready toatart b'fore the passengers have finished their meals. My visit to Col. Simp- kins' must therefore have been but for a very few minutes, yet Mr. McOufiie has furnished bis friend with materials, fr aa hours conversation at least. The tc asons crmtained in my letter of the 2 of October, were suHicient to have convinced any truth-speskins man of the falsehood of Mr. McDptBe'a state ment, but I am -not at all surprised that the Vice President did not feel their force, as bis own conduct did not ena ble him to appreciate, them. The Vice President's pamphlet, dis closes a niece of evidence tnat I had not before aeen. It is the letter of Itobert S. Garnett,! late a member of Congress from Virginia. Mr- Garnett in his letter, seems to be in haste te intke the Important communication. To use the huntsman's phrase, he seems to have rone off at. half, bettt. , In his letter to the Vice President, he makes me say tiaf General' Jackson, ought to Sr f7mzte7nterfran4the extract from-bia diary which immediately follows, ('and which it is presumed was before hjm when he wrote his letterj makes me .a j that the General ought to be cen l sured. Now it is. seriously submitted 1 to every rational and reflecting person, j whether even the diary of a man is enti- i tied to any .credit who cannot distin- i Ijaish between the words condemned and censured. I conscientiously believe that I never used either af the words ascri bed to mo by Mr. Garnett. My cbn iluct -to wards Mr. Cobb , upon the sub ject of hi resolutions 1 contradicts Mr. GarncU's diary.tf 80 does Judge Moore's letter . So . does my recollec tinu of the sentiments I entertained, of th$ propriety, or rather -of the impro, prietyofa legislative inquiry into the lubject. I will not press this subject for therfor I seallyjiaye no upkind feelings t wards Mr. Garnett, and had rather be . abject to the slight " shade of inconsis tency, his diary may fast upon me, than that he should be subjected to a much graver imputation. " ; ?' ' , ; The Vice President in one of'his notes; says that a very material part of Ai . Adam,'a letter to me,"bas been with held by me. That material part is neg ative' wholly, and it will be eeen by -he annexed extract of.'my ' letter, lo,Mr. Adains.fi I did not expect he remem bered .any Ihing about the jtonfideptial te tier, "and assigned my reasons for ; If.' Mr. Calliowo has doubtless .received a copy of my -tetter from Mrw Adama, as I ' ha.ve autliojited Jynv to T-roiiri ,tt; lf there is any thins to that letter -which' in his-'opjiim' tends te contradict or twa ic 'Jit J et-Jfrt4 1-4 aaa!yr-e4.aaaBtiia taba'aera.ta taat aad rniai !. a-iawu rVat at prpord laqairv. Tier 1 h' Ml ta aaoxlrs if itvqairj kaawa t tba law at a 11. 1st a tart af aiairy trktlyaaa3U-i.kKh U always re- sorted ta the lacts apea tne Jeraaeat ia called spa to -decide, ere aat well aacartaieed, a eeart a ecMjairy is paper, aod tka daty of d caart is aiaapiy ta atceruia the facta, aad report tbeia ta tba ateraaeat fa ita detiin. "ZL A coort amartUI faf the thai af aatluarj offend era, wbea the facta are aalDcianlly aacertaioed, fr Ok jeraaeDt t decide tkat the affi cr, tmHt, ar aettt not ta be put en Lit trial. In the case af General Jackson, the Tacts were all distinctly koawa. They consisted of ike orders of the war department, aad ike reporta and dis patches of the ftneal under iboae ar dera. There was hero no uecesaity for a court finqeiry. Mr. Calboun thea in propoaiog aa ioqairy, did in futt, though not in wordt, propOae a coort martial, wb'uh preauppoaea an arreat. The President who ia acquainted wiih martial law, no doubt onderetood Mr. Calhoan't proposition as one au' jecting him to arrest and court martial. All tha other of Mr. Calhoun's notes to my letter admit of a aatisfaciory ex planation, or are too insignificant in their nature to require attention, and would twell this review to aa in cunvt-Mcnt exteot. I therefore take my leave of them reserving to myself the right 01 explaining or relating them if it should hereafter become necessary. ( To be continued.) Oxford, Sept. 15. Superior Court The f.tll term of our Superior Court of Law ended on Saturday last Judge Norwood pre sided. The only buniness of an unnu sual nature, or which excited interest, was the case of the State vs. Robert Potter, upon an indictment which fol lows. Seawell, Nah and Venable aided i the praserutinn, and Deve rrux, Havwood and Vad!ell, appear ed for Defendant. STATE OF NORTH CAROLINA. County of Granville. Superior Court of Jmw, begun and Mid on the first Monday of September, Jl. D. 1831. The Jurors for the State, upon their Oath, present, that Robert Poller, late of the County of Granville aforesaid, ( Attorney at Law J being a person of a wicked and malicious disposition, and contriving and wickedly intending one Lewis K.. Willie, a youih of tendvi age, to maim and disfigure, on the twenty eight day of August in the year of our Lord one thousand eight hundred and thirty one, at and in the said County of Oranville, with force and arms, in and upon the said Lewis' K. Willie, in the peace of God and the State, then and there being, on purpose, unlawfully did make an assault; and that he the said .Robert Poller, with a certain knife, which he the 'said Robert Potter, in his XrightJsaniLJhejLa n id tlj e r, had a n d iVicm.j iii...ii,v ,r,....,uu,1, Wemen iiieierce. 01 inaii extract. ne rshtil kuqw hi -radical onworthi- caB expose it byfpoblUhins; the whole ness.tttid cpuld m.t conscientiously aid. letter ; Mrj Adams atates the grounds htifunher eleVation tnoffice Tf ; I i whicK it was proposed to rinffi W to ddit. Irahould tender: myself hwal Jatkaonta trial.r hiii ..InS, . C .vv, .J.V, Here Jne charts is . ; azl roliyc. ,' The Vice Vresi- .jfrasltth'?-'tty, an 1 i:iuit ba pre Uii the eccomnjice-oftbe iniary .whiotV'hc mighTjvand probably woulq.inlifttopon h.Jwmmanitjf tvAp the Vice Preptdent ia 1 wr note toTy;1etter:ln0isfjipo Daffie's evidence, .and that evidence, is the foundation of almost' all hi reason ' ing; and of, alainst-: alrjjthe-jinTerencea : drawn to his elaborate letler.of the SOtb of Alay, 1 8S0; it its' pioper at once for . me iu pay toere is nv iruin in any pan of Mrv McDufSie'a- atateai'tnt,r except that I pnst through the village of Ede field.ln Ihe' nJftimer of ISIS, and was tt the house of Col, 'Siapkins..1 Every thing . beyond th&t in Mr. McDalBe'a statement - is the fiction of his brain, (Set lu$r Iwore'e letter. . Alter reading t u.t latter, the reader is inform ed that I passed through the village of ,fc(lftieid.on' In. lay morning, and ar lived at Lexington, Sunday, to dinner, s.tate by wham it was urged.'" In my letfer of the 2d bfOctobefrl83rj;to,the Vice President, I state that Mr. Ad ams must have -alluded to him. as no otbet member of the cabinet had made any proposition of an unfriendly charac ter to the general and dd -that ; if he denies that the, tharge la Mr.. Adams' icuer apinica 10 aim, 1 win oatain Wt necessary explaQtion." , The ' Vice- President appends no note to this part of ray tetter, and most therefore be con- feidered ns admitting the truth of my taiemeoi. . ui ;nis, pampruei -ane ws that he has addressed a lef.fer to Mr"; Ad ams, ca the subject of hia fetter wti?tni r,A hia nnl nnlnMil n ' ..L- ,t,''-' r''.' Mi... uwi fviii.ivv.tv ..invrAflw tion of him. This is tberefoi cobif admission of the troth of ,the' charge that he pro"osr I to briej Genera Jack 1 son to trial, J bi.il believe there was no express proposition to arrest, or try Gen. Jackjon. j. Bat , the Ylce-Pruiideoft held, both the testicles of him the said Lewis K. Willie, on purpoe, unlawful ly did t ut out, with intent, him the said Lew'19 K.. Willie, in so doing to maim and disfigure, against the form of the Act of the General Assembly, in euch case made and provided, and against the peace and dignity of the State. And the Jurors' aforesaid, upon their Oath aforesaid, do further present, that the said Robert Potter, afterwards, r wit, on the same day and year afor-sid , at and in the County of Granville afore said, with force and arms, in and upon theatd Lewis K, Willie, in the peace of God ahd the State, then and then being, unlawfully, and of his malice aforethought did make an assault; and that. he the said Robert Potter, with a certain knife, which he the said Robert Potter, in his right band, then and there had and., held, both the testicles of him the said Lewis K.. Willie, then and there, unlawfully, wiifiiHy and of -his malice aforethought, did cut out, and I entirety sever irom tne ooity ot him the said i Lewis t- Willie; .with intent, in so doing, him the said Lewis K. Willie, to maim aod disfigure, and other wrongs to him the said Lewis K; Willie, then and there did,": to the gredt damage of the. said"! Lewis K. Willie, against the peace and dignity of the State: '' -A JOH:SC0TT Solr Geni; The Indictment having1' been read from the Clerks' Table, the defendant 'waa1 desired to pleadr when he ktated, that ; .he could not pi ead vnqualifiidly guUty-i-but jibe'ingv Informed from the bench that he must ode or the other,' he said, to waive all formality, he would say GUILTY. ' The Court, 'then pro ceeded, to try hrm npoii the aabmia itohU:;'-f:''''"V'fe iil$iX; Willie Vas called i the bart of the State. The witnesa was brought before the Court in a litter- his appearabce wal pale. aod apparent ly very feeble, '! Haying been sworn; he proceeded to give testimony, as follows, as neat as' may be. i Mr. Potter, re quested that the Court would admonish the young man as to the nature of the oath, he had taken, &c. ' The Counsel for prosecutioa , having "objected, '- the Court refused, unless it was alledged that the witnesa was of unsound mind, , &C.T?'t??fr If f:''L :i 4. Tr Witness proceeded-.That until the time cf committing the violence charg v&iit the indictment, he had never seen .inspected any. thing unfriendly on ft il'Wt f Mr. P. but t the reverse: "atifti B!fcvStiaday the 8lh day of Aa gust, the prisoner came to his fatherVl house, and requested witness to aid him in getting a do home", which hi$ father's tilt defendant procured hia ri!aS)4 "Li, a- ! tWj j tctelrl U ttiWar akat iJf a taie. wWea deff a iUat tlet.rd wioea takepkiaiir tf d- witirM sa'l W waa aecemry, bat tk defcodaat ioi't4. abeO wit atna ilitnwanted atU tto;M te ta bald kiaa an til rtefea Jtat ra' J tir kim. Tka drfeadaat apprracirvl and thrtv a Icatbcr s'rap ar wineaaBfck, and drear it aa aa Jo thake kirn the re ajorte4 kiaa ta cwa his b av4a. waick beinf doa they are tied. Mr. rot ter ihVa led wiinns eat of Ue road, and told hita that be had made hia coawa Itsbella (Potterf wif; W thea baaad kis Jrt witneu sora to Mr- P. tkat he waa inaaceat of Uie charge defendant procecJe4 te perform the operation chaired il indictment, IUr- in- anbaand kia. drfendant a.ked if thev nhould rart at frieedj witoeta viva his haad. Defendant told wit nesa. that Dr. Tayler mutt ktow of the deed, and no one else', "not ,een'wit neaar father Mr. P. stated that f he heard any thing more of the matter he would aend that atrumoet borne to her father. ' " ; . Examined by Nash. Had seen Mr Potter at the Cimp Meeting on the pre: ceding abbath witness wa at Itobt. Tayior'a from Friday until Sunday mor ning never measured atrength or scuf fled with the prisonercoming to Ox fonl, met R. rotter went back with him to get the rifle and dog at prion cr'i request, witness changed bis horse for pr isoner's gig, as it might make a difference iu the dog's following about half a mile from his father'a house, atop-' prd ta tie the dog as before stated prisoner appeared very friendly, and the witnesa supposed him to be sporting with him after he was tied. Prisoner then made the charge against witness, and thrra!end to cut his throat if he resisted does not recollect any threat for dituljring the affair vent home and sent for the Doctor. Cross-examined by Potter Do not recollect the charge of guilt with Mrs. f . before his nanus were bound, did not apprehend personal violence aftr wit nesa was released he said " Mr. Pot ter, how did you find it out?" and be iug told that she had confessed, he said it was true. The defendant demanded of the witness, upon his solemn oath, to say whether he was Rui.ty or not of in tercourse with Mrs. Potter? the witness emphatically denied his guilt or having ever msde auy advances. Wittioss stated that M r. Potter held a knife in his hard, and he acknowledged that he was guilty through fe.ir of personal danger, &c. By Nash Perfectly innocent of im proper conduct with Mrs. P(tter his confession of guilt made through fear, inspired by the expression of the prison er's countenance.. Dont recollect ex pressing a willingness to keep the mat ter secret, nor to part as friends but gave his hand. The witness stated, that after he got home he sent for the Doctor, and then pursued Potter with his gun, but becoming very w?ak fmm loss of blood, he was compelled to re turn ,4iome. "Mr. Potter now addressed the Court at' considerable length, at the close of which he briefly. stated the testimony upon which he relied for his instifica tion. This testimony consisted in a confession of guilt on the part of Mrs. Potter, to hi mself ant! to sundry persons afterwards. The judge declared 'hat no such testimony would be received! as it wasillegal. The wvfe cannot give tes timony ending ihe husband," but more especially would her confessions, and copversations be rejected as irregular and hadniiasable. The Court stated that the wife could not .be examined, even by consent, as her testimony was designed to publish her Own infamy. Mr. Potter hope! the Court' wontd ad-' mt testimony as to tha moral merits of Ihe transaction, but the Court adhered to Its refusal. It; may bf propW to state heret that a friend -of Mr: Potter requested the Court to hear the 'testi mony', ahd the Counsel for the prosecU tion, aTso'expretsly stated a wiUingirets to the examination of the lady herself. They -thought it due to the reputation cf the lady, as the prisoner had been allowed in his speech to bring rtis mat ter befure the. Court; twit the Court would not hear'tbe evideWe. v- lit may ho an act of justice alo to state bre that Mrs. Potter has since denied her giiilt, .andygiven tier reasons;; for 'Hhe confession. We have thus far deparVetl from the strict line of a rfyor.beCab's We tHbught'it necessary to a proper un derstanding ot hiinBfair.' ' f '; .wiv . ? The Court HStateifj that in 'trdocK sion to reject such testimnny as had been offered,' it did nbt'include euch facts and circumstances as might go-to shew that thre were grounds to auspect im proper conduct on the part of Mrf. Pot- r-'i'-'?:vv'i''A' S. Philpot was swore tn behalf of Mr. Potter Was at school near Mr, Robert Taylor's once or twice at MrTkibert Taylor's aw young Willie theri ne ver saw !any thing amiss between rtUe parties saw no actiona nr, gestures, which indicated any thing improper. 'i Mvi W,;Y; Taylor Vm s worn, and gave evidence-as to the nature of the wound which we deem unnecessary to details The Dr. being about to relate his Conversation with young Willie, it was objected toby Defendant's Coun sel but (he Judge having decided that the testimony of the witness Lewis K Willie, had been questioned ia the cross-examination, ) the V prosecu tors claimed the evidence of Dr. Taylor, .0 shew that the witness had been consist ent in his story. Dr., T. (heo related hia f conversation with young Willie; which waa! substantially the same at was gTeft by the witness to the Court. tftttnl jtat'aata I-:. '... . al acd aorrt-tt c-- e ia. TketftftaUta'j,. ia jil. U awan tb . " We do iwi J rert y,-. retaioed every lu'Jatir.t, traospirrd. va tb t.i , tlaia ta ba nf:Wy accarat f, , hate rvea. tit iKt aUtt U t tial suirvret af ihe trial, On Friday rht pritoer t iota Caart la rtcnvt kit t -t argamrat now.troae poo 1 lata, for "the fullowicg U -which, We are indebted titt th bar: -i - , . - Seawall far tha protect; the following distinction; "lij thia indictment tWrt coanls.' the one cbargei the ( under tha Stat ate, the atber i rsoa Law.-'.: ' ' - Tin thia case H ia clear, rtm atary provitim of the 8tate i; ta maiming,, bas aot apecit, fence of -which tha drfendant ed nor was it intended Ikat , vision 'ahoa Id result, by im The terms af the statute are, any person or persona, shall ar forethought, unlawfully cito. abtarthe tongue, or pot out an person, with intent to murder, itikfigore,' tha person or-perv, fending, their eooucellort, abe aiders,-koowing of and privi fence, aa aforetaid, ahatl Jr v.Tenco, stand io the pillorr hours, have both his ears naih pillory and rut off, and receiv es an the bare". back.H Tbi tec tion of the same atatatc That if any person or per v on purpose, nnlawlnity, cut 0 nose,' bite or cut off a nose or or cut. off on ear, or disable a vwmber. of any ether, person; tent," &.C. All persons' so t are subj ec t to ai x m6n ths 5 nriprl and to be fined at the dUcreti Court. The terms of the se tiua of the statute, which ar provide for this', oflknee, an words, following siieciftc term the invariable.vruic w'of con they are qualiGednl restjraine ancicedents, and 'never i implication, tn. 6ffentea of grp; nitude. The oflences des crib fi rst sec t ioni with their . pu fixed and determinedcannot I ed by tha general l?tms tboi to, for that would be a contra the statute itself; yet; the tern tirely general. 'Then is U do b'.e- to suppose that the stati confcmplated" an offence,, ol magnitude than; all the rest to. Again, When a statute ape apportions Ihoj punishment 0 fence, that was considered ittc, moo Law, the power of our not thereby -abridged or rettii bedietice, thoiigh in the eterc rc?pect.and deference, -which the Legislature; it is.Tssuai Bet whefj a tase Offurs;:aa ft which in all probahility the t never crmtemplxted,' ihere is reason why the Court should ; else, that discrtim.td Which been espreasly deprived by -t in alt cases where ihe jurisd tribunal is 'to be abnjged.;it done expresaly and not impti " Dovereurand; JIayw'ood Defen d an t, f especii vely .Contt the Legislaturedesignerd sts the whole subject withfn the j of the acts of '$4,iind '91, fore, the; Court could not e puDiahmept of the stktije ' llievpotirt pnicefded t( d boinnlon'.? Hi Honor said ifm fMiejna.A''st;'tinpieaiitant ov waa n; m. woicn ine 1 tjik SlS t e, were f r eft uen tly pi a slated that Jus mfii was not atU&eirJ a a .t o -jh e poi n j if vl a ahlrQncieafeie Sc. the Brsejt'';brni'oT's w ftd t hTtb jf hound to lirlie ve r offence camel ndejlhe Second '. thacjjof '9 b inrelationvio nBiscretioa as to the" impii wli'Icli, was prescribed in hat iajd f hat were his hpinmtf rliff'n thipMtjaw3 fjave iRrTsoned jheSendr'r years1;, ficc. Ilis Jionorststef ad great confidenCcjn the 4es WJVpejf-.'tbalLil d efjp n an t. not. avaow of beeft oilerad; hijrh could he v the Cnurtin,' e xfepuafioh of the not eyepi an action or gesture, Smflfi. .;.wa 1 proven "jo indicate, conduct on the part of the wife, that he must believe thr Sonera suspicion was. caused strange misconception, &c,; I nor sentenced Robt. Potter to of One Thousand . Dollars, an prosecation, and te imprisonp. Calendar months,' and therea' the said fine epd costs be paid The trial was attended by spectators, whose feelings app be in state of great exciteir. i In conclusion, we will state Potter ia in dieted for " m ai m 1 same manner, on the same dy Lewis Taylor of this county, stabbing him in the head and i this , indictment -will be tf Spring Term of the Superinr will not remaik upon jt, f" to say, that immeniafely afte, mi.sion 01 me vuocc -. tr)ed as above, he "pr.orec Fill meeting bouse where Mr formed diviue worship n ' and prevailed upon the Re- ' to accompany him home, b 0 ' haltered nim and piaimed aJ Col. iiu;likia acd Mr. McDaffiie, nsi- : ! -'''."-' a i v-;:;v . 1. srv .-4-'-?'.V 4 '--j y'f ..jt-.

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