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to show that the accused made use of threatening gestures (raising a hoe) being at the time near enough to use it, but the defence showed that he not only did not make use of the gestures, but that he was not sufficiently near to use the weapon. 
The evidence in the case were one white man, for the prosecution, against two negroes for the defence.
The prosecuting attorney appealed to the prejudices of the jury against the colored witnesses. The counsel for the defence moved a new trial, on the ground that the verdict was not in accordance with the evidence, but the motion was overruled.
In the same court, but by a different jury, a white man convicted of grossly beating another white man was fined five dollars. 
I would respectfully called your attention to the case of Georgeanna Page (col'd vs. Saml Binns, a report of which is enclosed.

II In the county of Charles City as follows to wit:
The Commonwealth vs. Jane Jasper. Charge Grand Larceny.
The Commonwealth vs Wm. Seldon. Charge.  Grand Larceny.
Verdict guilty of Petty Larceny.  Sentence; three months



Verdict guilty of Petty Larceny. Sentence; three months.