1 D.C. 236
District of Columbia District Court
Decided June 15, 1805
District of Columbia District Court · decided 1805-06-15
Indictment for assault and battery on George Coryell. asked the witness, Preston, whether he had heard Coryell use threats to break up and injure Bartle, or any prior quarrel, in order to discredit the witness Cor-yell, and to mitigate the fine, which, by the law of Virginia, is to be assessed by the j ary. objected, that it was not a justification, nor could be given in evidence in mitigation of the fine. But the Court permitted the question to be asked.
Decided 1805-06-15
¶1(neni. con.) refused to give the instruction as prayed.
¶2The Court was further of opinion that it was not necessary to prove that Coryell was interrupting the business, or impeded it any way, but that the possession was in the carpenter and bricklayer, and either of them had a right to order away all persons having no right to enter the building ; and if they refused to depart, had a right to put them out without using any unnecessary violence.