
    Blevins’ Case.
    
    (Absent Field and Scott, J's.)
    Application for a new trial, on the ground that the verdict was contrary to evidence, refused.
    
      John A. Blevins was indicted in the Circuit Court of Henrico and the City of Richmond, at the fall term of the Court in 1848. The indictment contained two counts. The first charged that he, on the 24th of June 1848, at the City of Richmond, four slaves, to wit, Isaac Page, the property of Samuel Patteson; Charles Rawlings, the property of Grant Enders; Jesse Ambler, the property of Alexander G. Thompson; and Henry Cox, the property of John Sf Daniel K. Stewart, then and there being found, feloniously did steal, take and carry away, &e. The second count charged that the said Blevins, on the same 24th of June, feloniously did carry, and cause to be carried out of the City of Richmond to the county of New Kent, (a county within the Commonwealth of Virginia,) the same four slaves, without the consent of the owners of said slaves, with intent in so doing to defraud and deprive the said owners of said slaves.
    On the trial, the jury found the prisoner guilty, and fixed the term of his imprisonment in the penitentiary 
      at five years. The prisoner then applied to the Court for a new trial, on the ground that the verdict was contrary to the evidence, but the Court overruled the motion, and rendered a judgment upon the verdict; and on the motion of the prisoner, who excepted to the opinion of the Court refusing him a new trial, the facts proved on the trial were spread upon the record, and are as follows:
    The Court doth certify, that on the trial of this prosecution, it was proved, that on Saturday, the 24th of June last, the four slaves named in the indictment, late in the evening of that day, left the service of their employers in the City of Richmond, and have not since returned to the same, nor been seen in Richmond. That one of the slaves was named Charles Rawlings, and was the property of J. II. Grant John Enders ; that he was about twenty-eight years of age, about six feet high, a black man, but not very black. That another of these slaves was named Isaac Page, was the property of Samuel Patteson; was about twenty-five or thirty years of age, a stout man, but not very stout, about six feet high, colour between a black man and a mulatto. That another of these slaves was named Jesse Ambler, was the property of Alexander G. Thompson; was aged about thirty-five years, and a dark mulatto, and about five feet ten inches high. That this slave usually obtained a pass to go and see his wife, who resided near Negrofoot in the county of Hanover, on a Friday, and to return on the Tuesday thereafter; that on this occasion, however, the slave deviated from this habit, and obtained a pass on Saturday evening to return on Monday, That another of these slaves was named Henry Cox, was the property of John 8f Daniel K. Steiuart; was aged about thirty-five years, a bright mulatto, and about five feet six or seven inches high. That the prisoner was seen between the hours of twelve and two o’clock on Saturday, the 24th of June last, in the City of Rich
      mond, driving a wagon with three horses in it, one a bay, another a grey, and the third a sorrel. The wagon was of peculiar structure, with a high top, covering the body, deep and straight, and the covering drawn close over it. That he was then in the lower part of the town, not far from the corporation line,, driving down the street, and had nothing in the wagon ; that he enquired the way to Darby-town, a place below the City of Richmond, and in the county of Henrico, and said that he was going thither; that directions were given by which he could find his way to Darby-town. That the prisoner proceeded as if he was going out of the City of Richmond, driving the wagon, on the 24th of June 1848, between the hours of twelve and two o’clock; that on the night of the same 24th of June, he was seen driving the same wagon, between the hours of eleven and twelve o’clock at night, about one and a half miles below the City of Richmond, on the road leading to New Kent courthouse, an entirely different road from the one leading to Darby-town, although-the New Kent and Darby-town roads fork about half a mile nearer Richmond than the place where the prisoner was seen; that he refused to permit a man who applied to him to ride in his wagon, saying he had some troublesome men in it, and that he was taking them to Williamsburg; and afterwards said he was taking them to Old Point Comfort'; and-the heads of three persons were seen in the wagon; but whether they were white or black persons, could not be ascertained; that he was left proceeding in his travel on the same road, going in the direction of New Kent courthouse. That he was next seen at a house some seven or eight miles below New Kent courthouse, on Sunday, the 25th of June, late in the evening, where he called and got some water, and was not accompanied by any one, and no wagon was seen at that time. That the next morning, soon after breakfast, and not far from the house where the prisoner had procured the water the evening before, he was seen to come from the woods along a bye-road to the shore of York river, in the county of New Kent, with four negroes, one of whom appeared taller than the others. A small schooner, which some days before had been partly loaded with wood in the Pamunkey river, was riding at anchor in York river, and as soon as the prisoner and the negroes got to the shore, a boat put off, came to where they were, took the negroes in as quick as it could, and returned to the schooner, which immediately got under way, and proceeded down the river about ten miles, where she came to anchor again; but how long she remained at anchor the second time was not known ; the prisoner having, on the negroes getting on board, left the shore and gone back the way he and the negroes had come.
    It was further proved that the prisoner resided in the City of Richmond; that he was absent about two weeks from the 24th of June 1848. That at one time, about the date of the offence charged, he represented himself as being engaged in trading in poultry, and in bringing down butter and feathers from the mountains, where he stated he resided. At another time, about the same date, he represented himself as peddling in fish and oysters between Richmond and York river; and when asked why he never brought any thing to Richmond, said he sold every thing along the road. That he had at one time been a shoemaker in the City of Richmond, but for some time past he had not pursued this or any other known business. That he had a conversation in Richmond with one of the Richmond police officers who had gone to the county of New Kent in pursuit of the prisoner, immediately after the escape of the negroes named in the indictment, in which he stated to said officer that he understood he had been in pursuit of him; and told him that he had been in New Kent at the time, although the officer had not seen him. The prisoner also stated in the same conversation, that he had heard he was suspected of being engaged in carrying slaves from the City of Richmond, but declared that he was innocent. He also said that he knew all about the business ; that there were men engaged in it who stood high; that he could break them up if he chose, and he pointed out the direction in which they lived. When asked how he came to know so much, he said that he had given a negro boy twenty-five cents to steal a letter for him, which had told him all about it. It was proved that the conversation between the prisoner and the officer was in direct reference to the escape of the four slaves named in the indictment. It was proved that the part of Neio Kent in which the prisoner was seen with the four negroes, is thirty-seven miles from Richmond.
    
    The prisoner applied to this Court for a writ of error.
   Bsr the Coobt.

The writ of error is unanimously refused.  