Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-03-12

by the appointment OF the court. On the
first of these DAYS, when Ientered the court
room, the Judges were on the bench, the
;,vr were~soon after called and many OF
them appeared, am unable to say whether
Tohn Fries was at this time in the bar as
signed for criminals or not, but It ne was
moi there. Ifeel sure that he was placed
there in few minutes after. Mr.. Dallas
was not at this time in court, and before ne
came, Judge Chase handed or threw down
70 Mr.. Caldwell the clerk OF the.court one
or more papers, ard at the same time deli
yered himself, in substance, and as nearly
as / can recollect to the following eitect:
That he understood or had been informed,
that on the former trial or trials, there had
been great waste Of time, by counsel max
ing long speeches to the jury on the law as
well as on the facts, and on matters which
had nothing to dowith the business before
the court, and he particularly noticed IN
strong and pointed terms Of disapprobauon,
their having read, and think having been
permitted to read, certain parts CT certain
statutes of the United States, relating to
crimes less than treason, In order to shew
that the prisoners case came within them,
and which he said, he~or the court [ dono
recollect which) would not suffer to be read
again, as they had nothing to do with the
question. He added that we are Judges Of
the law and understand it, or we are not fit
to sit here; that cases at the common law,
or under the statute law Of England previ-
ous to the English revolution, had nothing
to do with the question, and that they
would not suffer them to be read; that
they had made up their mind on the law,
and had reduced it to writing, and that the
counsel might conduct themselves accord
ingiy, (orconformably to it, he or they had
ordered copies Of it to be made, and one
Of them to be delivered to the counsel IN
support of the prosecution, and another to
the prisoners counsel, and that as soon as
the case was opened or gone through &
am not sure which was the expression, or
the part OF the prosecution, he or they q
am not certain which should order one to
be delivered to the jury, He also added,
that If we had any fault.to find with the O.
pinon of the court, orhad any thing to say
on the law, to shew that they were wrong
or had mistaken it, we must address our
selves to the court, and not to The jury
About the tire when Judge Chase began
to speak, the clerk handed me one OF the
papers. IF locked at it, it has escaped
nv recollection, but if | did,. am conf
dent that Tread but a very small part Of it,
as my attention was Immediately engaged
by the declarations made by judge Chase
and ycrT soon threw it from me, decla-
ring in court, but whether addressing NY
self too it, OF not cannot recollect, that
nv hand should never be tainted by receiv-
ing a prcjudged opinion in any case
much less III a capital one. The novelty
as well as the nature Of the proceeding a8i-
tated me considerably, and | replied with
that warmth which | thought the occasion
demanded, as nearly as | can recollect, as
follows: That in civil cases | deemed it
proper that the consideration ofthe lawand
the facts should be kept as separate as pos
siblc, and that the former should be deter
mined by the court, and the latter by the
Jury. but that.in criminal cases, and espe-
cially in capital ones, it was the constitu-
tional right Of the jury to determine the
law as well as the facts that it was the
right of the prisoner for the jury 10 pass be-
tween him and MS country on both Of
them; that it was the right Of his counsel
to address the jury on the law as well as
the facts that deemed this right sacred
and a great constitutional one, which should
never be sacrificed by me, and added
that L never had, and never would address
the court on the law in any criminal prose-
c,,4ion whatever