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or come into his possession at all; that he had even any knowledge whatever of it or that he had no other corn; it should not be presumed that this was the stolen corn he designed to send off, and that it was not some others.  The Court, which was composed of "Thos. H. Bernard" Presiding Justice of the County and "Francis S. Hutcherson" and "Elija P. Wade" Justices of the Peace, over-ruled this objection. It was then disclosed that the steers had not been sought after for the purpose as predicated. Another witness was, however, subsequently introduced who testified to having the same day seen some meal, which was being taken from the mill, with a yoke of steers, to Defendants' house.  This meal had been stopped on the road, and carried to the place where Defendant, and his Wife and Daughter, who had been arrested, where then, in the afternoon, having a hearing before a magistrate. This witness could not say what corn that meal was made of.

   Further on through the course of the trial, Counsel for the Defense attempted to prove by the verdict of acquittal in the first instance, that Defendant could not possibly have received of the parties as alleged, what they have themselves since been, by a competent Jury, solemnly pronounced not guilty of having stolen.  This the Attorney for the Commonwealth "Wm T. Taliaferro" strenuously opposed, on the ground that that acquittal was arrived at only through a lack of conclusive testimony on the part of the prosecution.  The Court decided against the introduction of the Verdict as evidence.  The Accused was found "Guilty" by the Jury,and sentenced to ten days imprisonment in the County Jail.

   Thereupon Defendants Counsel moved for a new trial; both on their own expressed belief in the 


Transcription Notes:
---------- Reopened for Editing 2023-10-25 15:50:59 ---------- Reopened for Editing 2023-10-26 12:48:57 Changed "Elya P. Wade" to "Elija P. Wade"