Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-03-29

one qleitlon the OPINION OF Judge Chale. That
the petit jury have a right IN all criminal CAFES,
20 decide both the La7u apd the faa ? II is We
ry probable that MeG.s. Lewis and D alas were
mifaken in the sxptefi aas, ulsdbY Judge Chafc,
In their conveHasioas with htgn that they were
mifaktn is confirmed By MI. Rawio's Dc.
petition. Ii the ita.e of ie5}s made by
MeHrs. Lewis and Dallas from memory BE
compared with the itate Of facts IS Mr.. Rawle,
from notes taken at The tin}c, there VIII apo.srs
a great and friking difference between them; ana
every reader will fee in The d-poisiJn Of MIR.
Rswle, plain. dfpamonatc, unvarnifned re
lstoa Of fssfs, and 10 The dep ,6tions q MyfTs 5.
Lewis and D,llas, he mqit dacover tale ri2-
/, tured with patton ard prsiudioe, paiuted ID glow
| ing coiofs and interuixed wiih argGmenfs, and
opio!ons &C excnlpste their own conduct 10 the
pu bic ard with bsafia2 evidence a remarks
TO eliminate the conduit Of The judge. But il
iudge Chaie bad given an opjniod that the jury
h2 q no ,Te5, 10 decide the law as well as The
fact, is ne liable 10 be inpeactsd for giving frch
opinion II he really aud toneftiy entertained
this opinion, he was indifpenfbly o9uad in duty
TO give it, 8nd therefore cannot be guilty Of any
crime or nildemeanor. 1.-The delivered foch OPT.
MON from ignorance or error in judgment, he is
ALTO innocent and not Improbable but if he
gave fuch opnionfrom pafuality or oeher corrup,
motive, LEI him be impeached and purified TO the
utmoh extent. Tbs power OF impeachment was
cres ;rd TO punith the qvickeauels Of che bearf
End not the mjfymity of the bead, But Judge
Chale itnpolsd The refrittions bsForc mentioned
ON the condlct of the conrfel for Flies.
II correctly Rated by Metre. Lewis and Dll
las did Judge Chafe commit any crime or mif-
dern-anor, by putting foch reltuttion on til. con-
duct of me council for Fries, for which he ought
to be iulpe.chcd
II the printed trial Of Fries, pages l7o ard
$50, it viii appear, that judge Cbafe lad the
fame reflections on Mr.. Rave the difrict at
torney If the court are not to di,ra council,
they will foon cymmand the Court. 1t is not
now neceG.py TO add any further remarks on this
iubjsct.
irfhould always be remembered. that Mr..
Lewis laid, that if he locked at the opinion of
me court delivered to him he read but very
{mall part thereof" t aud M, DllIas faid, that
he never faw the opinion until fey days ago i
and if they did underilnd. in the conversations
with Judge Chate Ton the fr& day that he decIar.
ed that the jury were nor to decide the law as
we'll as the faa yet on the next day the judge
exclaimed and they themfeves fayc, agreed with
Judge Peters that they might argue both law and
f4f before the jury and as they alto fate,
without any of the refriGtions United on by
fudge Chafe the day before. /
Another material fact n auid not be forgotten,
that after the council fox Fries, refued abfolu,cy
70 offend him. Judge Chale Fred to aGign
Fries other council, WHICH he retufed by the ad,
vice Of MsGrs. Lewis and Dallas q" that
there was no que0on as to the fats involved in
The cafe but only as to he Aszs aiGng from the
facts )" and Mr.. Rawic ftates, that Judge Cha{c
oblerved, that no opinion has been given as to
facfs in this cafe
On this view of this part the Of cafe, relative
10 the conduct of Judge Chafc CT the trial of Fries
il mua appear that the committee ought to have
obtained further tcfimony, before they mad: their
report.
The gentlemen Of tie bar Of Philadelphia, who
were present. the clerk of the court; some of
the grand and pert jury "a and some of the
buystanders ought to have been examined. A
copy Of the opinion of the court, delivered BY
Judge Chase 70 Mr.. Lewis, ought 20 have been
procured. Mr.. Rawle B says he gave two or
three OF them to Mr. Caldwell the clerk of the
court swhose deposition was taken by ,be CON-
mitteef on the 3oth of January last, and no en-
curry made Of him as to the copies delivered him
by Mr.. Rawle, in his deposition, then in possess
sion of the committee.
DETECTOR.
Pqge 40, Al s. and IS Q the reporf
< plre nf TIE rehnrt