Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-03-24

DAY with mind somewha, in Indifferent
J as to what might take place and believe
intending % neither say nor do any thing
more than to inform The court, that nei-
ther Mr.. Dallas nor | was any longer the
counsel Tor the prisoner, and that we
, should take no part in his defence. Soon
alter the opening ofthe court, Judge Chase
addressing himself to Mr.. Dallas and me.
asked 1t we were ready 10 uroceed; on
which answered, that we were no longer
the prisoners counsel, and began to state
iii lew words our reasons for our with
drawing ourselves from his defence, when
was interrupted by his telling me, hat
we might SO on in our own way, as VIC
pleased, and that the court would hearus.
and to the best OF my recolle ction he ex.
pressed himself iii terms which evidently
showed Willingness that we might go on
without the previous restrictions which
had been nsi cd on the day before. We
refused = account of what had passed,
aoo oi o. determination which we I'D
taken. The court endeavored to prevail
on us to proceed, but it was in vain, for we
were positive and determined not To d. Il.
Judge Peters SAID that we might Take as
large range as we pleased, and asked if
an error had been committed. if we would
not suffer 1t TO be corrected Or woes
10 this effect. He added, tEat the paDers
which had given so much offence had been
all called in, and think he said that they
had been burned or destroyed. ob.erv-
I'd that although that might be the case.
with respect TO the papers it was nor 50
with respect tothe predeterminaton on INC
minds ot the Judges, which s,,ll renamed,
and would have the same effect as If the
papers were sui III exIs' ence. | aided
that many of the jurymen who had been
present and heard what lad yassed might
he on the trial with all the preiud,ces
which the declarations from the bench OH
the preceding day had created. ?. he court
appeared anxious 70 induce Mr.. Dallas
and me to undertake the prisoners de-
tence, and certainly offered to remove eve.
ry previous restriction which had beer In.
sisted Oh the day before. We repeated
and insisted on several OF the grounds
which we had taken on the preceding DIV,
and absolutely refused 10 have any ding
further 10 do with the prisoners defence
before the court. Ithen lei, It. ana do not
Tecollect 70 have been there again until (
4:
and therefore cannot say. wha; cirCum-
stances attended his second trial il is
proper % add, that when Judge Chas. De-
sired Mr.. Dallas and me ON the second
day to go on in our own way, and as we
pleased, he SAID it would be al the risk or
hazard OF our characters If we ATTEMPTED
to conduct ourselves improperly. and that
II must ne under the direction Of th. court.
which would Judge of what was right, or
words TO this eject.
That have always understood and be-
eved the prisoner was condemned with
out counsel being heard IN MS defence,
but not having been present at the second
trial Cannot assert il Of my WI know.
ledge.
That soon after sentence of death had,
asI understood, been pronounced on Fries,
MIR. Thomas Adams, the son Of the then
President Adams, spoke TO me in court,
and said his father wished to know the
points and authorities which MIR Dallas
and had intended to rely on, in favor of
Fries, If We had defended him on his last
frial and asked if had any Obj clans to
his seeing them | sad that had not
bat the President never sent TO me for
them, Tor did ever send them 10 him,
shortly after this Charles Lee, Esq. the
then Attorney General, made q simn.r
request Of me, and assigned. as a 10 N
Tor it, that nc might perhaps be conNi,,d
by the President on the occasion and wish
ed to consider the case but ne did no,
TIL me that the request came from the
President, nor thst inc intended laying the
statement which he asked for before him.
| spoke TO Mr.. Dallas, and we dgrccd TO
comply with Mr.. Lees request. Mr.. Dal-
las prepared staiemen! ~ ,hc form OK
letter, from him and me, to Nj. Lee, and
sent II TO mel made some alterations in
It, had 1t copied, and then sent tn Mr.. Dal,
las, the original draft and alterations, TO-.
getber with the copy, signed by me. The
letter was, As ] understood, sigr ed by Ir.
Dallas and sent To Mr.. Lee. Nr. Del!a.
being in possession OF the Original dra(,
and aNera,inns, $ nor- capable of proving
the contents than am. lie has sen: me
copy, which J suppose 90 We corteo,
but as ! hlye not comprcd It with The