Majority
p. 249STATE v. JAMES HANCOCK. Court of Quarter Sessions. Sussex. November 19, 1802. Rodney’s Notes.
p. 250There is no charge that comes home to the defendant yet that he took this corn; only that com was found in his possession. Benjamin Benston. Mr. Pettit had flour com four or five year past. I planted a few ears. I have seen and heard of this corn in several places in the Hundred. Isaac Bowman. I let Hancock have seven bushels corn in the year was yellow and white, grew on Benjamin McIIwain’s place. He lived with his father at this time. John Hancock. James follows shoemaking and farms it some.. He received ten bushels ears of me just before this, chiefly yellow. Was generally paid in corn. I made about a dozen hills that, year of flour corn, lived four or five miles off. He received corn.
Mr. Wilson for defendant.
p. 251of John and Isaac Bowman, of me, of Thomas Roach. I knew of flour corn three years, got mine from Prine Hook. Saw the two ears before. William Hancock. The two ears were mine, had been hanging there some time. James had received corn of Bowman’s and Roach. Roach’s corn was mostly white and speckled. The shelled com was in the room downstairs where I slept. It came from those persons. I helped to beat it out, of his corn there was but about two or three bushels. My son is 25 years old, has been working for himself. He came home late that night from Bart-let’s, laid down on the bed with his clothes on, was laying there next morning. I was not there when they came with the warrant.
Attorney General. Mr. Wilson. Vandyke in conclusion.
Verdict, guilty; whipped with fifteen lashes, fined $8, and committed.