The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-28
C\oLusE ].

'N' Nou"ICi nave rght TO make fall de-
fence, and addrefs the jury both on the law y
the fa6t, il would place NE in too DEGRADING
mutation, and therefore ! will not rroce4d
Judge Chate 'fwered with APPARENT i,r,,ati.
encc-Hou are at liberty TO proceed as vou
think proper, and addrefs the iurv ar,l lav
down the law as you think proper. Mr.. 7 e,yi,
ani"ered with corhderabe empahfs, I wiz ne
yer address the court in criminal CAT. on the
qneition of law. He then took 4 pretty exten.
I'VE view on 'he propriety Of going into cafes
| decided before the revolution, ard laid IS he
was precluded from ihewing that the iud-es
ilnce the volution in England had coniide, cd
themcves bound by the decilions bcfOrc the
revolution, which ought not to he the doctrine
IN tins country, he mutt decline acting as
council for the rrifonor. Judge Chaie mn
iNered, Sir, YOU mutt do ~ you p,ear Mr..
Dallas then addreGed the court He contend
ed that the RIGHTS ofadvocates have bee, en-
ccroached upon by the pro~eedn OF the day
before: he went into general view Of the
ground taken by Mr.. Lewis. and concluded
with ms determination not to proceed Is coun-
lei FOR John Fries.
Judge Chaft then obftrved-Eo orini II, has
been given as TO fe6ts in this cafe. would not
let the witne.ieS be examined in the comhina-
tIon cafes, becaufc I would not let the iurv hear
then before the trial Of Fries came on. As to
the law, knew that the trial before had taken
nine davs--that many common law car.s VIZ.
cited, iuch as whiting flags horns in the
kings belly, and that Of mans fav;nr he
would make MS fon heir to the crown rpch
Gales ought not, fhall not so 70 + iurv. No
cafe can come before me on which have NOT
declted opinion as to the law, othetwfe
mould moi be ft TO pr iide here have al
ways conducted myfcf with candor, and !
meant, .gentieme9, to fave Won trouble. II is
nor rsfpectiul, norris it the duty OF cuunis!. 70
lay they have right 10 Offer any thing thsv
nle7ie' WAT decfoas in Rome. Fr7uce.
urSey No lawyer will fay that common
law cafes are law u'.der the hatute of Edward
the third, nor 'uiify tho!e Judges who uyrrfet
the t1-nte OF VII lam, and ovcr-rule the reef
MY or having TWO wiineileS to ore overt al.
ard admit hea.fay tefmony 10 prove matters
NJ fact. L is the duty of couaGel TO law dozen
me law, hut not Dread caf-athat are no. law.
HaNng thrs explained the Teauire OF the court.
Y"A VIII Rand acquitted o. co derrred 81 vonr
1"n contcleaces, rs you think pro-rr 10 sH.
but gentlemen, do as yOu pltac.. The cour.e
VIII be, the dftriS} attorney will e,, tb. i.v,.
rate his cafe, and produce his w;fu-Te. You
are al hher'yto co1trovert the law rs 10 fhc
matter, hut the manner nun b. reaiiateI hy
re court. Judge Peters fad Won are 20 cou-
hdtr every Tt'ng done veferd5v as withdrawn.
Mr.. Lewis replied, true, Sir, the nangr. ave
withdrawn, but the fentiments nil remain,
hallnot therefore acf.
Mr. DlI7s e%Preded the fam Z, termination.
which lid not make Gown.
q pa K, FOR few mp".enls to0t place;
"hoU ii&ge CAaie iaid, you cam n 7.uitf1 court
'h5" difficulty, by this condnd, eertlcr.n-.,
YOU do not know me if YOU think 70 : and d.. I
firing the perfons between him and RE Dr;r,n-{
er to tand aide, and addrelTag hnfelffo Tobn
fres, he afked. are you deGrous of having o.
ther council afIiencd you. or will Won 90 ON
70 trIai without? john Friec, after nauff
ia'd ne did not know vhat to do he rnrld
leave II to the court. Under thefe circumaon-
ceS teit repugnance TO go on with the trial.
not WIZ ing 70 att in a cafe f. extremely fnri,.
,r' therefore movod to Pofpone the trial to
tNe next day,-the court readily concrrr.d
and Fries was re0anded to iaiI
On the cath Fries was brought 70 the bar,-
GAIN Jude Chat aflsed him if he had a1v
council He told the court that h.. r.Ii.d 90
the,n as ms count-l, AID he exarrftd lir,f-lC
with degree of irmnefs ard ca opoiilrr that
'onWHced ne that his de.fion was formed ON
mature reflection. Then. Judge ChaG anfver-
CO.. ~ the bIcfing of God we will he Won.
council e and do you as much ju1ice as thofe az.
iigned you.
The Jury were then called over, and n.
cour' TOOK pains to inform ries Of his right 70
Lna"e'ee 80 without canfe !; 1nd as many o.
Ihers as ne could hew caufe aganh. In cvery
lnitance they appeared extremely anxious ~
he Aould defend himfeIf. There wer, one or
two friends near him, | be-; We, to aiIiR him :, o.
his challenges. After the Jurors bad been e..
veraIly paied by him. and before thew ver.
worn, the court diretle that they n.ould fevr-
rally be aikef whether thrv had delivered =,
opinion ON the fubio6t. The fin Juror Gid he
1ad not, and was fvorn-the fccond f,id he
had he was then fVorn to make tr,,e az
wers and he declared that he hal in con.
'eriation iaid that thefe men OUGHT to be nnn.
ihed-the court directed This perfon 10 be CT
hide, and he wa, not fworn on the trial.
The court afterwards directed the oueaion
o be lome-what altered" Have Won f,,,rJ
'r delivered an opinion &c. - Before ti;q
lueit'on was PIT 10 more than three perf,re.
I was again altered, and 7ut in thief, word
: Have YOU formedagddrveredan any opinion -
ihree, including the one already mentioned.
loiwered aiiirmativey, and were fet aGle
The pritoner challenged, without CAME. tb;r-
.y-tour of the panneI. Twelve jurors were then
worm and J opened the cafe in very br:sf
manner, laid down the law, and addnced tle
eitlmonY. The trial lated tin the afrrroo,
md till the next day the court retired t,,ice
or retreibment and repofc. John Fries called
10 wine.es. Buta. the end Of the evara;rafi.
IN of each witreE cred on The part of the
'roecuton, Judge Chafe reminded him that