Open main menu

Page:United States Reports, Volume 2.djvu/97

This page needs to be proofread.

Suramna Courr or Pmryylvanb; gt _ rally interpreted and purfued. The ohfcure pailage in the A& 178;. of Aifembly would be rendered perfpicuous and intelligible, VVV without the additionof any words, by expun °ng the femico- lon, and the monofyllable •* or" : But even tgt is unneceiliary to fupport the profecution; lince the words fpoken tended to excite relillance to the Government of this Commonwealth, to perfuade the audience to return to a dependence upon the Crown of Great Britain, andto favor the enemy; which are di{tin£l:·· · and fubllantive charges of mifprilion of treafon. A It is ptoperto add, that the words mult be fpoken witlra ma- _ licious and mifchievous intention, in order to render them cri- ' rninal : A mere loofe and idle converfation, without any wick-. .. ednefs of heart, may be indifcreet and reprehenlible, but ought not to beeonitrued into mifprilion of treafon. On the other hand, drunkennefs is no jultilication, or excufe, for committing the otlence ; to allow it as fuch, would open a door for the praétice of the greateil enormities with impunity. _ Verdié}, Guuxrr:

· S epteméer Term, 1 7 8 5. . ·——·-}-—-· Born wrfu Bors·r.• N the charge to the Jury, ·rmz Counsr obferved, that the Y _ maxim of Caveat Emptor only applied to real eftates; as the /,,§:’_R- purchafer had the means of examining the title within his own power. But the poflellion of chattels, is a ftrong inducement to believe, that the polleifor is the owner ; and the aél: of felling them, is fuch an ailirmation of property, that, on that circum- {tnnce alone, if the faét ihould turn out otherwle, the value · can be recovered from the feller. M2 Wvcorz " This cautb was tried at Easton, IV] P. on the xotb jams, 178;, before the Cruzer ]us·r¤ce, umd Rusu, j’us;ice.