Commonwealth v. Crane , 1 Va. 10 ( 1815 )

THIS prisoner was indicted at the District Court of Winchester, in September, 1791, for the murder of Abraham Vanhorn. On his trial, the jury found a special verdict in the following words.

“ We of the jury find that about three o’clock on the “ fourth of July, one thousand seven hundred and ninety- “ one, John Crane, the prisoner at the bar, was inform-u ed by his reapers, that one Campbell’s reapers had sent “ a challenge to his. That in consequence of this sup-u posed challenge, the said John Crane went with others “ out of his own field into the field of the said Campbell, “ which was adjoining to that of Crane’s, and that the “ said Crane did make use of threatening language, such “ as he could whip any naan in the field, meaning Camp- “ bell’s reapers, amongst which was Abraham Vanhornj “ but after some altercation we find all parties appear to “ be reconciled; but before said Crane left the field, an- “ other dispute arose, in which Crane challenged them “ to fight, man for man, which Campbell’s party agreed “ to do, of which number the said Abraham Vanhorn “ was one: when the parties came near together, they,par- “ lied and disputed for some time, the issue of which was, “ that the prisoner at the bar swore that if he fought any “ man that day, lie would let.out their guts, and likewise “ that he would fight Joseph Vanhorn the next morning, “ for ten dollars, which the said Abraham Vanhorn was “ to bet him. The prisoner at the bar leaving Campbell’s “ field, after some time a certain John Dawkins, one of “ Crane’s reapers, suspected some insult given by Camp-u bell’s party and going to fight any one that would in- “ suit him. The prisoner at the bar observing this, re- “ quested the said Dawkins to get him a club, and he u would take his knife, which knife he took out of his “ pocket, declaring they could clear their way through “ the whole of Campbell’s party, upon which the said “ Dawkins desisted from prosecuting his intentions, and “ likewise the prisoner at the bar. We find that between “ sunset and dark, that the said Abraham Vanhorn with “ several others passing through the field ©f John Crane, “ the prisoner at the bar, to confirm a bet which was to “ ensue the next morning, and also making a noise and “ singing, which the said Dawkins conceived was an in- “ suit to the prisoner at the bar and his party. Thereupon “ Dawkins called out that he could whip Joseph Van- “ horn. Joseph Vanhorn replied, it would be no credit to “ him if he did, as he was a larger man; upon which the “ prisoner at the bar came out, and ordered them out of “ his field, or he would blow them through, upon which “ they immediately quitted the field; he then called for “ his gun, which was refused by his wife; he then called “ for his knife, and pursued them to the fence, exclaim- “ ing Abraham Vanhorn, you have used me ill, and I’ll “ be damn’d if T dout have satisfaction. Then the said “ Abraham Vanmrn replied, not more so than you have “ used me. Í he prisoner then requested the said Abra- “ ham Vanhorn to come over the fence, and fight him; “ the said Abraham Vanhorn made answer, that he the “ said prisoner at the bar would use a knife or razor; a the said prisoner at the bar replied, come over the “ fence, and I will give á fair fight: the wife of the said “ prisoner at the bar came down crying out, Mr. Crane, “ l am surprised you should demean yourself to fight “ with such a sat of negrofied puppies. By this time the “ prisoner at tbe bar, and the said Abraham Vanhorn, “ were much irritated; at which the said Abraham Van.- “ horn, and Isaac Merchant, one of Campbell’s reapers, “ had their shirts stripped off, which the prisoner at the “ bar had not: the prisoner at the bar and the said Abra- “ ham Vanhorn attempting to get at each other across “ the fence, who was prevented by John Dawkins. Then “ the said prisoner struck at Merchant, who struck the “ said prisoner at the bar, and turned him round, who “ immediately joined in combat with the said Abraham “ Vanhorn. We find in the combat that the said Abra- “ ham Vanhorn threw the prisoner at the bar on the “ ground, and kept him there for some time; at length “ the prisoner at the bar seemed to get the advantage “ of the said Abraham Vanhorn, at which time the said “ Abraham Vanhorn cried enough, and said his guts “ were cut out. We do find that the said Abraham Van- “ horn did receive several wounds with a knife, or some “ sharp instrument, of which wounds the said Abraham “ Vanhorn died, and that the wounds were given by the “ prisoner at the bar. Upon the whole matter the jury u pray the advice of the court; and if the court should “ be of opinion that the prisoner is guilty of murder, “ then we of the jury do find the prisoner is guilty of “ murder; and if the court shall be of opinion that the “ prisoner is not guilty of murder, but guilty of man- “ slaughter, then we the jury do find the prisoner not “ guilty of murder, but guilty of manslaughter.”

The District Court not being advised what judgment to give on this verdict, adjourned the question, with the consent of the prisoner, to the General Court for difficulty. .. ■. ■

On the 21st November, 1791, the General Court, consisting of judges Prentis, Tyler, Henry, jones, Roane and Nelson, entered the following judgment. “ This day 4t came as well the attorney general as the counsel for the u said Crane, and. thereupon the question of law arising ^ upon the special verdict in the transcript of the record iC of the said case mentioned, to wit, whether the said *5 Crane be guilty of murder, or manslaughter, being ar- " gued, it is the opinion of the court that the said Crane •* is guilty of murder, which is ordered to be certified to “ the District Court of Winchester.” .