Alexandria Gazette & Daily Advertiser

From the Lycoming Gazette.

LAW CASE.

At the late court of quarter sessions for Tioga county, Butler B. Amos was indicted for malicious mischief. In the course of his trial, it proved that he had threatened vengeance on a Mr. Mathers (for some cause not stated) who is since dead. About six months after his death, several cattle, lately the property of the deceased, were stabbed, whereby some of them died. It was in evidence that Amos said "they should not have a hoof of cattle left by Christmas." and that he had offered one young man five and another fifty dollars, to seduce the daughter of the deceased.

The charge laid in the indictment, was supported by a train of concurrent circumstances, that fixed the crime of Amos beyond a possibility of doubt. The jury had no hesitation in returning a verdict of guilty. The council for the defendant then moved an arrest of judgment, on the ground that the indictment should not have concluded "contrary to law," but "contra formam statuti."

The prosecutor for the commonwealth contended that as there was no act of assembly against malicious mischief, except for trifling offences, the English statutes formed the necessary law, upon which to predicate such indictment: that it would be novel in Pennsylvania, to conclude an indictment: "contrary to acts of parliament," those acts having been incorporated at or after the declaration of independence became the law of the land.

As a case of this kind has very seldom occurred in the courts of this commonwealth, it was a matter of serious doubt to the associate judges, (the president being absent) whether the indictment, as laid, was agreeable to law. But, after taking some time to consider, they overruled the motion and sentenced the prisoner to pay a fine of fifty dollars, and to be imprisoned one year in the county jail.