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

evidence WAS inadmissible. He declared |
that no evidence could he received tha, did J
not justify the whole charge. The charge
sad he, is, that the trsvcrter said Of the
President, he Is a protested arstocrat
and has proved faithful TO the British in
iercst ;--now You must prove both points,
or you prove nothing; and as your cyi-
dence relates to one only, it cannot be re-
cclved-you must prove all or none.
mis- was in substance, and it il believed
the precise woris in which iul &c Cha.e
stated ms obie:lion to Col. Taylor's evil
dence. The counsel asked the iudce
whether they could not be allowed 10
prove part OF 4 charge by one witness and
part by another? To this Judge Chase
replied, that ii the counsel conid prove
Inc whole OF any one change by Col lay
ior, hey might 10 it, otherwise they
should not examine him. The counsel
coniehded that Col. Taylor's evidence ap-
Piled to the whole of the charge which the
Judge had stated in his opinion.-rhat
! they meant to prove by him, that the Pre-
sdent had protested aH.i-rep publican sen
timca,s, AID hal proved faithf, and SER
viceablc 10 the British interest, in the
sense i'll winch those expressions were
used in the Prospect. The iadge, hDwc.
yer, adhered to his determination 10 ex-
cludc the evidence and Col. FAVOR re-
tired lroG The court with evident marks
Of astonishmcn,."
The question Vas taken upon the third
article without a division. and carried.
The fourth article being before the COM
mittee, it was considered by paragraphs.
Mr.. J. Randolph. The testimony in
support o. the frs, paragraph has been
read on the preceding article in it is that
part of ir. Nicholas's testimony stat;ne.
the demand Of Judge Chase that The coun-
sci should state in writing the questions
| meant to be asked.
Ihc chalrmln proceeded to read the
second paragraph, and
Mr.. ]. Randolph read in its support, the
following affidavit:
! CITY IF Richmond, % 7cif
This day james Thomson Calender,
mad: oath before me, a magistrate for
the said city, that William Gardner,
( Ieach Coke, Judge Bee. Timothy Pick.
ering, William b. Giles, Steven Thomson
Mason, and General Blackburn, he be-
iIeves TO be material Witnesses in his de
/ tence, against an indictment found against
him during the present ,cran of the cir
cult court of the United Safes for the
middle circuit, Virginia district That
! William Gardner, aforesaid, resides, he
! believes, ia Portsmoufh, in the state OF
! New-Hampshire THAT Tench Coke, a.
iorc5aid, resides in Philadelphia, in the
| state OF Pcnnsy iYania THAT Judge Bee
resides, the dcponent ha!h understood, in
South Carolina, but in what part OF the
| state he knows not THAT Timothy Pic
! kering, aforesaid, resided Of late in Phila-
! doiphie, ~ the state pf Pennsylvania. hut
where he resides At this lime he deponent
dpSh not know THAT William r. Giles,
aforesaid, he hath understood, since he
hath been furnished with copy of the
/ indictment, and since the said Giles hath
lett town, resides in the county of Amelia,
/ and that General Blackburn resides in the
( county of Bath.
he said James Thomson Calender
further declares, that he expects to prove
by the said William Gardner, and that he
: verify believes that he shall prove. by the
Sald William CardHer, that the SAID Viii
! ham Gardner, was commissioner of loans
| Tor the state of New Hampshire, under
the government OF the United States, and
, that he was turned out of the said Office
ot commissioner Of loans, because he the
said Gardner refused 10 subscrihe an adj
dress cucrla,edin the town Of Portsmouth,.
in New-Ils npshirc, and presented 10 the
! President Of The United states, in the
year 1898, nj the instance Of several ia
habitants Of the said town in which al.
dress unequivocal appreciation Of the con-
duet ofthc said President in the admins
tration Of the United States is expressed.
"2d. The said James Thomson Cal.
lender also declares OH oath THAT he
verify believes that ne shall prove by The
evidence of Tench Coke aforesaid, that
he the said rench Coke, in the year I7gs,
held an important Office under the 90.
vernment Of the United States, TO wit.
commissioner Of the revenue, from which
Office the said Coke was eicG}ed by the
! present President o. the United States
! because he did not approx. the measures
/ OF his the said Presidents administration,
! orthe principles on wh,chit was conducted.
/ "That he verify believes he shall be able
) tn prove by the evidence Of Judge Bee,
/ that he did receive from the President of
the United States IN the year 1899, ? let.
/ ter in which he the said President did adj
/ vice. and recue-f The coil TuI.,. L.. 1t