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the evidence of the witness sent in to them, found the Indictment a true Bill. At the same term the case was tried and the Jury found the accused guilty, and accertained the fine of Baylor Thornton at $50 — and that of John Thornton at $25. The [[strikethrough]] fine [[/strikethrough]] penalty for misdemenor in this state, where the statute has not made some special provision, is, as at common law, fine to be assessed by a Jury, and imprisonment in the County Jail, not exceeding twelve months, at the discretion of the Court. The conviction carried with it the costs of the prosecution. An execution was issued by the clerk, as is usual for the fines and the costs of prosecution, which went into the offenders hands and was returned by him without having made the money, the property levied on being under a deed of trust, no part of the property of either of convicts was seized by the Sheriff, and they were left in possession of the property.

These two men formerly belonged to Mr. Warner T. Taliaferro of this County, and they were defended by Genl. Wm B. Taliaferro, a son of Warner T., and a member of this Bar. They are both hearty young men able not only to maintain themselves and their families, but to accumulate property if they are industrious and prudent.

Having, in my capacity of attorney for the Commonwealth, prosecuted the case against Baylor and John Thornton, I think I have quite an accurate recollection

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