Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-03-28


oi the audience, q part of whom must com
pose the jury, lor the trial of the prison
er!" Here, also believe, Mr.. Lewis by
way OF answer 10 Mr. Chase's declarati, n,
insisted upon the right OF counsel to ad-
dress the Jury, both on the law and the
tact, IN capital case. Mr.. Peters repeat
ed his wish, that what had passed, might
be overlooked, or forgotten and Mr. Chase
masking remark about The counsel be
, ing mistaken, ii they thought 10 embarrass
nm conchcd in words that do no; reco!
iect) asked Fries whe,hcri was his desire
that other counsel should be assigned
tres answered in the negative Oh which
l thlilS, he was demanded 10 jail, and the
/ trial was ordered Tor the ensuing morning.
On the next day The trial accordingly took
| place; the prisoner had 40 counsel Tor
'iS defence The prosecution was conduct
"a by Nv. RaWie alone. Mr.. Ingersnll ha-
wing Withdrawn, as understand, i'm con.
aequence OF the prisoners peculiar situa-
ton; the liry retured verdict Of guilty :;
nd the court pronounced sentence of
death. | only attended occasionally il,
court during the trial; and cannot lecol
!ect any other material facts relating t.
IT. within the SCOPE Of the iulerrne 4lories.
That shor " after the sentence OF death
h"d been pronounced onl'nes, MIR. Charlie.
lee then the attorney general Of the u
ule' States mentioned TO me ln court,
" that Inc Case OF the prisoner wa, be- fore
the president; tina, all the mforms ION
was wished, which could assist In making
a pro per decision upon claim tor mercy
A"d pardon and that he, therefore des.r.
I'd to know. whe,he, had any obe ,oi To
communicate ,he grounds, ON which the
counsel intended to have enforced the de-
'ence." answered. tina had personally
no oble lion bu, that, It was proper to con
suit MIR. Lewis. In the course of the
same day mentioned the subject to MIR.
Lewis, and found that Mir. Lee had made
simi!at application to h'ra on which il
as agreed, that from motives Of respecl
20 the application, IS we'll - of humanity
10 the prisoner, we would iutni.h asia t.
nen' ot "ur arguments and authorities.
I 10 not think, however, thai Mir. Lee, OH
'hs occasion declared that he had aDD,
60 TO US, by director Of the president
though ! afterwards Inferred that facl
from the expressions in MIR. Lees letter,
acknowledging the receipt of the state
ID n!.
That having waited for some time in
iopea OF receiving tie draft Cf the State
ment from MIR. Lewis reminded him of
he urgency OF the case Yin CONSEQUENCE
q The approach Of me day appointed for
the execution OF Fries) and received the
answer contained in a letter, Of which a
tue copy is annexed, marked 4. Upon
his answer, | prepared communication
tor Mr. lee, which being submitted to Mr.
Lewis and some alterations and add ions
'eing made in the manuscript, was fairl,
transcribed at his Office; and he returned
the original draft, together with the fair
Transcript signed by him in letter, of
which true copy IS annexed, marked E.
| added my 5 gnature To- the fair transcript
which Mr. lie /, had subscribed and inn
medla'el' sent it to Mr. Lee iu tn, term.
and form, OF which a true COPY is anuey-
ed, marked e. AID on tic same dav NJ
"e transmitted The acknowledgment mar.
Ike D
mus be pc rmited TO add that in the
Course OF nY nara We, | ave endeavofed
o STATE with ti'eIi'y, all III, facts but still.
it is possible, hat NAV have erred. in The
attempt 10 place them in q Z proper order
Of TINE; AID do not pretend To he more
than substan'laii' correct, IN The 9. itaI of
the languag., which was used upc. this
occ aston, bv any of the persons to whom
! have lerrcd. may BE- permitted. ike
wise 10 discharge duty to the counsel as
well a. to all the parties Interested, in oh.
serVirP that Mr.. Lewis and myself were
greatly influenced in the conduct which
we pursue d, by Our opinion of the me...
most likely to- say, The III of Fries. undo.
all the circumstances OF hiss case, Ate,
the first days aitcrca;iOu, we consul n
him on the cypedieucv Of perscverfng IN
the surrender Of bis defence; and If h.. o,
his friends, had Expressed the wish o,,.
should certainly have resumed the tasl
Even tn tliat event, however, | do NO, sum
pose that We should have Yielded the ri,bt
90 cite al he authorities which we thouob,
opposite To the subject ln discussion nor
he right 80 capital case, to address the
''ry' both on The law and the fact. But
'he exercise Of those rights Of counsel
could not. tu .rv Jeertr. t-,,.:. .. ,