214 



APPELLANTS APPIUS CLAUDIUS CRASSINUS. 



detained ill prison till tin- i-ml of [lie year, unless biiil 

 WHS given for his appearance to answer to the appeal. 

 The jury on (lie appeal was usually different from 

 that on the indictment, and examples are not wanting 

 where a man lias been brought in guilty hy the M-nuul 

 jury, on llie same "rounds upon which he was acquit- 

 ted by the first. Thus. A. I). 1708, John Youn was 

 munlered, and suspicion fastened upon Kpliraim 

 Slaiightcrford, his friend, with whom he was IaM .seen, 

 lie was acquitted at the assiees, but the public were 

 so convinced of his guilt, that a subscription was 

 opened to pay the expenses of a private accusation. 

 Slaughterfonl was found guilty by a second trial, and 

 executed. A similar event happened, A. D. 1818. 

 A young lady, Mary Ashford, was found murdered 

 under circumstances which fixed the strongest MI^M- 

 cions upon one Abraham Thornton, lie Had waited 

 upon her home from a ball, and had been with her, as 

 lie himself confessed, a short time before the discovery 

 of her body, not far from the pit, full of water, in 

 which it lay. Notwithstanding this, he was acquitted, 

 ami the brother of the deceased now prosecuted him 

 by an appeal of murder. Upon this, Thornton made 

 use of a right, the existence of which had been almost 

 forgotten. He summoned the accuser to a wager of 

 battle, i. e. a trial by combat, instead of submitting to a 

 trial by jury. The validity of this right could not be 

 questioned, and the advocate of the accuser received 

 a severe reproof from the court, because he suffer- 

 ed himself to call it unreasonable and barbarous. 

 The accuser, a weak young man, twenty years old, 

 did not venture to engage in a contest, with clubs, 

 with the athletic Thornton : he was obliged to recall 

 his accusation, and the suspected murderer was once 

 more acquitted. The public feeling, however, was 

 so strong against him, that he emigrated to America, 

 where he soon after died. This event occasioned the 

 abolition, not only of the wager of battle, but also of 

 the right of appeal, as experienced lawyers were of 

 opinion that the accused could not be deprived of the 

 choice between a second trial by jury and a wager of 

 battle. This was done, A. D. 1819, by the act of 

 parliament 59 George III., c. 46. Some may think 

 tliat this abolition has occasioned an essential de- 

 fect in the English laws ; but it is merely applying 

 to such cases a just and proper principle of criminal 

 law, which is now generally adopted both in England 

 and America, that no person shall be twice tried for the 

 same offence, a principle tliat gives great security 

 against oppressive and successive prosecutions. The 

 process of appeal and the trial by combat were never 

 introduced into the American law. 



APPELLANTS ; a religious party. See Unigenitits. 



APPKNZKL ; a canton of the Swiss confederation, 

 surrounded on all sides by the canton St Gall. It is 

 divided into two parts, called Inner-rood, or rhode, and 

 Outer-rood, each having, since 1597, a separate gov- 

 ernment, independent of the other. In respect to the 

 others cantons of the confederacy, both are considered 

 as forming one canton. The form of government is 

 entirely democratic. Every man, above the age of 

 1 6 years, annually appears, with his sword, in the 

 general assembly, when the officers are chosen. A. 

 contains, on 222 square miles, 55,000 inhabitants. 

 The canton is active in manufactures of different 

 kinds, and in raising cattle. The chief place is the 

 market-town, Appenzel, in the Inner-rood; Ion. 

 9- 31' E. ; lat. 47 2tf N. ; pop. 3,000. See Swisa 

 Confederation. 



A PPI AN of Alexandria ; governor and manager of 

 the imperial revenues, under Adrian, Trajan, and An- 

 toninus Pius, in Rome. He wrote a Roman history, 

 from the .earliest times to those of Augustus, in 24 

 books, of which only half have come down to us, 

 in unequal work, according to the sources from 1 



which the author drew his material-!. The best late 

 edition is tliat of Schweighauscr, I.cipsic and Stras- 

 burg, 1785, 3 Mils. 



AITMN WAY, leading from Rome to Capua ; the 

 oldest ami most renowned Roman road. It was made 

 by Appius Claudius ( 'KISMIS ( u-cus, when he was cen- 

 sor, 313 years B. C. ; and afterwards extended to 

 Hrmidusium. It consisted of hard. he\aonal stones, 

 exactly fitted to one another ; and there may still be 

 seen, particularly at Terradna, important remains, 

 which prove its excellent workmanship. 



APPIAXI, Andrew ; a painter, born at Milan, May 

 23, 1754, of an old and noble, but poor family. I Ic 

 was obliged to work with scene-painters i'or his sup- 

 port, andto go with his masters from town to t\\n. 

 In Parma, Bologna, and Florence, he had an oppor- 

 tunity to see and study the master-works of his art, 

 and to form his style. He visited Rome three i 

 in order to penetrate the secret of Raphael's style of 

 fresco-painting, and soon excelled in this art every 

 living painter in lUily. He displayed his skill par- 

 ticularly in the cupola of Santa Maria di S. Olso, at 

 .Milan, and in the paintings which he prepared for 

 the walls and ceiling of the villa of the archduke 

 Ferdinand, at Monza (1795). Napoleon appointed 

 him royal court painter, gave him the order of the 

 legion of honour, and that of the iron crown, and made 

 him member of the Italian institute of sciences and 

 arts. A. painted afterwards almost the whole of the 

 imperial family. His best works are the fresco-paint- 

 ings, on the ceiling of the royal palace at Milan, al- 

 legories relating to Napoleon's life, and his Apollo 

 with the Muses, in the villa Bonaparte. Almost all 

 the palaces of Milan have fresco- paintings by him. 

 Napoleon's fall affected A.'s fortune severely. He 

 died in 1817, in straitened circumstances. 



APPIUS CLAUDIUS CRASSINUS, a member of the patri- 

 cian family of the Claudii, though cruel and arrogant 

 like his ancestors, was hardly appointed consul, B. C. 

 401, when, to gain the favour of the people, he sup- 

 ported the law proposed by the tribune Terentillius, 

 or Terentius, which had for its object a change in the 

 fonn of government. Instead of the usual magis- 

 trates, decemvirs (ten men) were appointed to com- 

 pose a code of laws for Rome (afterwards called the 

 laws of the twelve tables), and to possess sovereign 

 power for a year. He was himself chosen decemvir, 

 and when, after the first year, this office was pro- 

 longed for a year more, he was the only one who 

 succeeded, by his influence over the chief men 

 among the people, in being re-chosen. He was re- 

 solved never again to give up his power, and con- 

 spired with his colleagues for the accomplishment 

 of this plan. The same year, the ^Equi and Sabines 

 laid waste a portion of the Roman territory. The de- 

 cemviri collected an army, and marched against the 

 enemy. Only A. and Oppius remained in Rome, 

 with two legions, to support the authority of the decem - 

 viri, already prolonged beyond the lawful term, when 

 an unexpected event overthrew them. A. was pas- 

 sionately in love with the daughter of Virginius, a 

 respectable plebeian, absent with the army. When 

 A., as a husband and a patrician, could not lawfully 

 marry Virginia, who was betrothed to Icilius, former- 

 ly a tribune of the people, and had sought in vain to 

 seduce her, he persuaded M. Claudius, his client, 

 with several associates, to carry her off by violence 

 from the public school where she was, under the pre- 

 tence that she was the daughter of one of his slaves. 

 The people compelled him to set her at liberty ; but 

 Claudius summoned her immediately before the tri- 

 bunal of A., who decided that the pretended slave 

 should be given up, for the present, to her master. 

 Upon this, Numitorius, her uncle, and Icilius, her 

 lover, made known the criminal designs of A. A 



