Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1804-03-19

sit;on. Tie said deposition bsil.g taken
on ia.terrogatoriesb robouqdta "a said NJ
chol4s. By the said commissioners, 1oa'ch
interroqQtories and the answers to TIE
sane are as Sllo1v, 70 nit:
4. IqtprrogatoYY. Were you present at
the trial Of James Thompson Calender Tor
sedition?
AnSver. was.
2. Iateyrogatory. When and where cid
the trial take place?
Answer. The trial of James Thompson
Calender, on a charge of sedition, took
place in the circuit court Of the United
States for the Virginia district during
the May term of that court, in the year
1900.
3. Lsterrogatory. Relate the circum-
stances of that trial.
Ansyer. During the May term OF the
circuit court OF the United States, for the
Virginia district, in the year 1900, an in-
dictment was sent to the grand jury against
James Thompson Calender as the pub
Usher Of work entitled ''3The Prospect
before Us''-a great many passages from
the work were stated In the Indictment and
charged on Calender as seditious. The
grandiu found the Indictment a true bill.
Calender was not in custody, but resided
at the time in Petersburgh; warrant was
issued against him, and some days after
wards he was arrested and brought to
Richmond by the marshal, This deponent
having previously formed determination
TO appear as one of calendars counsel, al
ter his arrest, he, together with George
Hay, esquire, had a conference with Cal
lender to examine the charges against him,
and to ascertain whether he was prepared
for his defence. The charges stated inthe
indictment were very numerous and dlssl-
milar in their kind, and we soon perceived
that it would be impossible to be prepared
for the defence without the attendance,of
number Of persons, several of whom re-
sided at a great distance. We were of
opinion also, that many documents were
necessary which it would require time to
procure; and the charges were so multifa-
rious, aud required particular examina-
ton of so many facts and events of a pub
lie nature, that we believed if our evidence
was present we could not be prepared dur
ing the term to do justice to our Client
Under this conviction we advised Mr..
Calender to move for a continuance of the
cause, and al affidavit was prepared under
his directions to found the motion on
This aRdavitis filed amongst the papers in
the cause in the federal court. 1t stated
that Calender expected to prove BY the
persons whose names were mentioned in
it, certain facts material to his defence the
facts which he expected to derive from
each witness were particularly stated in the
affidavit twill appear by comparison of
the affidavit with the Indictment, that the
facts stated BY Calender as being known to
his absent witnesses, apply directly to ma
ny Of the charges IN the Indictment. Be-
|. fore the motion was finally decided on by
the court, they directed the cause to lay O.
yer for few days, and in the mean time
that Calender might subpoena such of his
witnesses as were within reach. Subpenas
accordingly issued for general Mason, CO.
lionel TAILOR Of Caroline, and Mr.. Giles.
After the time had elapsed, during which
the court consented the caese might lie, it
became necessary that we should urge the
court for a continuance, as none of Callen-
der's witnesses attended but coloaeI Fay-
Tor, and as this gentleman's evidence, tho
deemed BY us very important, applied only
/ to part Of charges in the Indictment. We
accordingly renewed the motion, and twas
urged with great earnestness, under con-
Eviction t;lat a fair trial could not be had
without Callender's witnesses, and that as
R1anv Of them lived at the distance of seve-