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Memo That on the trial of this cause the Jury having rendered their verdict, the defendant by counsil moved the court to set the same aside and award him a new trial, upon the ground that the verdict is contrary to the evidence, but the Court overruled said motion, to which opinion and action of the Court the said defendant by counsel excepts, and prays the court to Sign, seal and enrol this his Bill of exceptions and to certify the facts proved in the trial, all of which is accordingly done, and the court doth certify that the following were all the facts proved on said trial. That on Thursday night during the Christmas of 1865, a cellar room of the dwelling house of John B. McGehee in the County of Prince Edward was broken open and entered through a window, and that there was stolen therefrom 2 large tin buckets or firkins filled with Lard (each tin containing about 50 lbs. of lard.) and about 8 gallons of Molasses and a part of a side of sole leather, all the property of the said McGehee, that early the next morning the fact was ascertained, and the tracts of two persons were traced from the window of the cellar to the house of Dr. Lacy about one mile off, at which place the wife of the defendant, who is a negro, lived. that upon getting there, no search was made, but that some time after the Burglary had been committed, facts were ascertained which caused the said McGehee to have the prisoner arrested. that on the very night of the burglary, the prisoner at a very late hour of the night when every one on the place was asleep, went to the kitchen at the residence of Samuel Thackston not very far from the said McGehees house, and called out one of the two women who occupied the kitchen and told her he had a secret to tell her.