Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-12-15

Sis John Rasset one Of The Jury who
, wished TO be excused from serving on the
said tiial, because he had made up his mind
as 10 tthaO the publication from which the
words charged TO be lIbellous in the indi6t.
{ nent acre extracted (was within the sta
tutc of the United States upon which the
said Calender was indictedD &C." Max
ing the allegation 10 this way you will fad
1t fully supported by the testimony, Tor
! they are the words OF the testimony itself;
| II is said tie Sth Juror acknowledged that
! he had formed an unequivocal opinion
! That such = book as "the Prospect Be-
. fore Us'' came within the sedilion law.
Eir. - supposed that the rule
adopted by the committee against he
reading of the general testimony would
! not prevent particu!ar F1r,s as they APP
! ply 10 particular points from being read,
lie therefore called for reading so much
OF The e7idence as related to the Juror
mentioned in the Cd article.
| MIR. Nicholson mentioned page 1873 of
the dispositions of the witnesses on the
part o. the United States as The place
where the clerk would find what The gen.
tleman wanted.
Which being read rs follows:
Perhaps ii is not improper here 10 OBJ.
eerve,ihat the eighth Juror answered wien
the previous question was put 10 him, tina.
! though he had never read or heard the.
charges in the indictment, AMI knew not
what The traverser had published, yet he
he'd fcrmSd an uneQuivoc.l opinion. ll.ae
such : bool; IS 1ne Pro,heci Bc/ore iI.,''
was, came within the sed.,ion law: But
, no ohle1tlon was made 10 hima. ana lie was
sworn like the rest"
Mr.. J. Randolph referred to page SO
near the top for other corIobo,atve evil
dence.
The clerk read the following:
"One CT the jury, John BAs set, stated
that he was unwilling 70 serve, lavr.g
made up his mird as to the book called
The Prospect Ser.re Us" bu, as he,
acknowledged that he had not formed
and delivered AN opinion concerning tie
charges in The Indictment, because in
fact, he knew not what they were, his OBJ
IeGtior was ovcr-rulei.
-hnd also from page ) |, ~ follows:
q II is to be observed Ihat Ir. Fassctt
who had been summoned un Tho -,
seemed ID have considerable scruples at
serving, and stated tina; he had Expressed
some opinion as to the " Prospect Before
U.s." Judge Chase however declared Air.
bessett good juror, and lie was sworn aid
acled as q Juror"
MR.. Rardolph thanked his friend from
Kentucky for every suggestion tending to
improve the report ofthe committee, con-
hdent that his motives were highly com.
mcndable. The report has been referred
by the house TO committee ofthe whole
for the purpo,e of obtaining by a full, fair
and free discussion, two oJisGts; FIRST, to
determine whether the charges exhibited
are sach as the house are winine 10 prefer
against the person impeacned, and in order
ii they be found incorrect 10 make them
as perfect as possible. On both these
points invite discussion in the name Of
the selcct commit &c, who brought i'm this
report. ht the same time | wish TO suo--
gest TO my friend (Mr. Boy'c) the propri-
e!yoire examining his idea, and ascertain.
ing whether the eighth Juror alluded to
in the aCcoun. Of Callcnacrs trial IS tie
Juror mentioned in the testimony Of MIR.
Hay, and cf Mr.. Nicholas. These gentle
men mention the Juror by name. MIR.
Robluson's account OF the trial mentions
him by number. Now If It should aDpcar
that the eighth Juror was not MIR. Basse,t,
must not the article fall to the ground If
the proposed alteration should take place.
'hir!; it one ofthe strongest circumstan-
ce5 iii this article thata juror was compel
led to serve alter stating tha, ne had made
up his mind as TO The criminal offence on
the question he was about being sworn
well and truly TO try. The committee
wii! perceive considerable variation be-
tween the testimony in page 1873 {, Sc.
In the frs; the writer introduces " with
perhaps itisnol improper here 20 observe
ihat the eighth Juror answered when tie
previous question was put to him, that
though he mad never yead the indictment,
yet he had formed an opinion that such
book IS The " Prospect before US" came
within the sedition lazy. THIS believe ia
tic amount OF VIVA; IS said IN that page,
and it appears from :ais to be an incident.
al circumstance only; whereas If YOU turn
to page SO itis there stated with the Gle ar
est precision, that he vas univ Ilinp To
serve because he rad maze up his mind
on the bCol. called thc Prospect, Il does
mot onpcar fp bg f~a ,t,n tr.,, H.. L.. II