The Sun.
London, England, 1806-07-03 00:00:00

to hurse and nourish. an offence, till it shall attain its
maturity, that-it may be afi obje6t sforgivingeffeal
to the sam.'..tions of the criminal-code,
Your Memorialist further re;peafully represents;
that on the firstday .of March last he was art'ested
a warrant issued by the Hon.- M. B. TAnmsnbe,
Esq.-Judge of the Distri& Court of the -United
States for the New; York Distria., and thereupon
was carried' before the- said Judge,
,whom he found
attended 'by the DiStri'd ‘Attotney of the United
States;lind some other 'Officers of the Court : that
yore Memorialist was informed, that he was then
•.before the Court in two capacities,; that in the one
hey was-to be-examined af-; a person charged with the
offence mentioned in the warrant.; and in the other,'
as a witness against others, who were, parties to the
,same offence :- That
.he would be at liberty to an-
swer not, as he Should think proner,such questipus
ac'shOuld be put to him in the first capacity ; bur
that the CoUrr would compel hiMto,answerthe in-
terrogatories that would be put to him as a witness :
That your Memorialist was first examined by. the.
said Judge and Attorner as 'a party accused, Which-
examination having 'been reduced, to writing, Was
signed by your 'Memorialist : That yOur Memo-
rialist Was then sworn as a witness, the.-Judge
having informed your Memorialist that he 'would.
then' be compelled to answer such questions as
should be-put to him,your remonstrated
with the:Judge as to. the legality of ohliging ~your
Memorialist to answer in any capacity, whether as a
witness .or as an accused party, questions which
Might tend to crimiiate himself—that the Judge
thereupon informed your 11,1emorialist, that he was
not bound -to make answers by which; he would
be -criminated ; but, notwithstanding
_questions .
were immediately -'pitt to your Memorialist,, the
answers to which must diredly exculpate or. eri-
initiate him ; and among other questions of this chi
yotir Memorialist- was asked of
.wliat the
cargo of the Ship Leander, which had lately sailed •
from theport of New York, consisted ? and to- what
port or placeshe Was boundl that on these ques
tions being put, your Memorialist said, that he'did
not conceive that by law he Was hound to 'answer,
and finally refused tis- answer them.; whereupon the
Judge 'ordered, your- Memorialist to be committed,
and.threded a warrant; to be made out sending
him to prison. . .
TheMembrial then goes on to state, that Memo-'
rialist's,. being thus intimidated, did'answer the eptes-
tions pdt to him ; that the 'testimony thus- given
was reduced to writing,, and signed by your Memo-
rialist, I.ids"Mensortalist was required again to swear
to the same, and-upon his objOing to do so, he-was
threatened with imprisonment, and thereby com-
pelled to. swear a second times. - He was then re-'
quired, to give security as a principal for his ap-
pearance at the then
:next Circuit Court of. the
United States,for the New York distri&, himself in.
ten thousand dollars, with two sureties, each in ten'
thousand dollars, and 'as a witness, himself in five
thousand dollars, and this being- done, after a deten-
tion,of about eight hours, Memorialist was set at
liberty.
The Memorial next states,- that at the last Circuit
Court,' held for the distri& of New7YOrk, the Court
Was opened, on the Ist . of the present month by the
Honourable -MATTHIAS B. TALMADGIS, who alone,
presided during,the term.-7" That Memorialist was
summoned by his Sureties, and cokumitted to: the
custody, of the Marshal : That his Counsel, consist-
ing of Messrs. Coi;olirr-, HOFFMAN, and THOMAS 1.

ADDIS EMMET, ..moved far au Hal.eas Corpus,
and that the Court,' after argument, ordered hini- to
be remanded to the custody of the Marshal, ,finless he
should give security to abide the order of the Couff,
himself in te'n thousand .dollars, with one Surety ;in
twenty thousand dollars.; and although the Counsel
for your Memorialist warmly remonstrated against
. such excessive bail being required. in such case, 'the
Court refused to lessen the sums, and Memorialist
was also bound in another...recognizance in fire
thousand dollars, for his appearance as a witness ;
that, in order to bring bet-Ore .the Court the man-
ner in which he had been examined before the Ma-
gistrate, and to prevent such illegal testimony from
;being matte-use of against him, Memorialist made
ari .atlidayit, stating the. most prominent circum-
stances of that examinAion, as they have been
hereinbefTe set forth; and thereupon the Counsel'
for Memorialist moved, that the Court would
flake an order, that the said depositions should not.
be laid bel'ore the Grand Jury, 'or that they should

in some way be suppressed ;• but the Court, al-
though it admitted that testimony taken as
stated in the affidavit of your Memorialist, was.not
legal, yet as the Court had a confidence that the

Attorney-General. would not aCt improperly in the
discharge of his official duties, refused to make an
"order on tl:e subjed; notwithstanding Which, the
DistriCt Attorney (Aid permit the Grand Jury to hacie
the examination and deposition taken, in. the illegal
manner aboi-eStated., togcther with many other de-

positions against your Memorialist, of persons who
wcre examined by the J.udge in, a similar manner, in
the absence of your Memorialist. ..
Y9ur Memorialist furthetrespeafully represents,
that, on MOnslay, the Bth instant, the Grand dilty
brought of iiiiament against your Memo-
rialist ; thereupon your MemorialiSt. was put to
plead, 'Whereupon he filed a plea in abateMent, veri-
fied by the usual affidavit.
That the distriCt Attorney, in argument, said, the
plea. Nvas.frivolous; to Which, one of the Cdunsel for

,your Memorialist answered, -that he_ :thought it was
not so, and that he 'hoped to' be able to convince
even this Court that it did not deserve that cilia-
rater. The Court called on the Coilbsel for an ex-

planation of' what he had intended by the -term
ever? this Court, and, not having . received from the

Counsel au explanation which -'the Court chose to
accept, the-Counsel was committed to the custody
of the Marshal ; but, whilst the order for commit-
me'nt was making Out, the Counsel having stated to
the Court that he did not intund any contempt of the
Court, he-was discharged."

The Memorial then proceeds to detail other legal
proceedings, and to complain of. sever,ity on the part
of the Court, the result of whiCh was, that he was

, •
cotnpelled to' plead in chief to-the Indiarnent ; and
thus conclude. But on the application of the
Counsel of your Mctiiorialist, and an atlidayit stating
the absen.ce-of material witnesses, and that jour Me-

morialist expeaed to have the benefit of their testi-
mony by the month of September next,- the trial was