The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-13
rVoLuME 2.


! But, fir, there is another ground upon which
| the conduct of the court was itr;et,y ;rNi6 abIe
! III requesting to know by the depoiition what
| me ahtrnt witneiits were expelled to prove and
aho' I'D refutlng to continue the caufe.--Upon
| tlieir own fatement, the witneE-s waited were.
only material to 4 few of the charges ia tn.. IN,
d'cmcnt. Their abience therefore could nor
De a iuficient reafon Ia put off the triai.-Thc
attorney might have firuck out ofthe Indifferent
thoie lets OF words TO which their tctirony
was wanted. and proceeded 10 The trial. moon
| .ne o'her part OF the charEe.-And as tie pun
g ,.n both rs se fine and mpr;fonment WIS
o'icretiol'ary, not exceeding certain fun and
t,me-Callender was equally in the power OF
the court, convicted part, as If he ha,, been
Convicted on the whole of the ctar.es-apd i've
court having the ditcretion, and having refuird
continuance for the want of the ,,itmouy
tuegeited, had it in their power. when tsry
Paiieo ientence, to throw ont OF their conli,ier-
ation' thoie parts Of the charge for which the
teft'nlOny was wanted.
And ON thus fu'.je6t the cafe put by my ref.
neetabie cplleappe fNrr-I-svA is ~ne,ttts,,. !,
point re fuppofd the cafe Of ,ari0n nu?t u.
for ftesling aborfe, f.d,.le and bride: to jeay
the trial, the priioner fuggefts the want OF wit
neies' the court compel him to declare in his
asnoaV't what he expects to prove by them. IL
appears that he only wants to prove that the
| orids was his own This fjirely would he no
cauie for delaying the trial. The profecutor
might inttantly arike out OF the indictment, the
bride. and there could not he the lesa pre,eyt
Tor not going to tria, upon The reG.ine ef che
charge, the healiag the horfe and f,ddle. So ia
CaieHder's cafe, the want Of witneifes TO iuitify
to few tets of words, could afford on rea-
| 'onaoie caufe why he ihould not be tried upon
/ Dozen or more iets OF librilous words, charc
eu IN the lRd.etmsnt, as to which he did not pie
tend to aedge that he wanted a witneis.
III Maryland, II has ever been the practice to
try criminal PROHIBITIONS of what nature foeyer
at the 1rtt court, if practicable, and nor to con-
t,nue them uniefs fome legal caure is ihewn.
Judge Chaie had been accultored TO .his mod,l
OF procedure. 1t wasin Maryland tina: he ac-
qulrrd the hrit rndimcnts of lay. 1twas in .bat
| itate that his legal knowledge was tnasured By
| practice.
Why ihould capital cafes, rather than ;nf.ri-
or Crimes, be tried the hrlt court /? Ths. honor
able managers Admit that it is the genera rule
not to continue, but to- try at the srt term. cap
Ita caies.--Surely if lndUis eDce, it delay is ne
ceiiary in any cafe, it is in capital cafe, where
l'tels at rtk; where 81. injury, if docs, IS rrs-
! trievable !
There are many reafons which ihew the pro-
| prety that projections of every kind ihou!d be
decided with rs little delay as pofiiS,e. Oae cf
| tie principles rs TO crimina, juFIf)rudencc as
governor Claiborne has juttly ooiervet!, is that
| though puniihmsnts fhouid be mid, vet thew
ought to DC Ipeeay 10y having IN immediate de-
ciilon there Is greater certainty that tie crime
inal thsll not eude juitice by fight The ex
pence, whether to the criminal or to the public.
is increafed by delay; delay ALTO hazards the
lofs of teltimony by the death or aotence Of Wit
nelies; and therefore dlniniihes the chance of
having juitice doDe either to tie party or to lie
| puoic, the one or the other of whom may be
ei1entiay injured for want of teiti.nonv, which
might have been had il the trial had moi been de.
layed but even if witnefies live, aad can be
| had at the trial, yet the lapie of time inn airs
| memory, and their teirmony cannot be relied
| upon in the fame manner as IL they were exam
ined Immediately after the traniacton when e.
| very circu'nitance would be freih in their
| memory. Theie, with many other resfons
which might DC given, have acIuated our courts
| OF juftlce In Maryland, never to continue Grim
inal proecutious of any kind. if it can be avoid
ed and thew the proprlety of their conduct.
The next tpecifcaton, III this article, of i'm.
proper conduct in the judge, is, that he, 9 uftd
t0zljnai, HUDEl and eo"fentpfHonS esprejFons TO-
wards the priiuner's couniei; and inGnuated
that they wihed to excite the puDiic fears and
indignation, and to produce that infnbortiaati.
| on to the law, to which the conduct Of tb.
| judge did at the fame tlmc manitetty tend %
As 10 this part Of the charge, there is bu, little
| of legal nature contained III il, a!ithere f,r,
hlftiiy pats over it. Ittrue, il ils.ns TO De m.
ther violation of the principles Of po,enefs.
than of the principles of law; rather the want
of decoriu,, than thcconmiiiion of bieb crime
and mjafnaeGn0r. ] will readily agree That nv
| honorable Glen. has more OF the 60 to,tif,r =,
re-" than the "E4aViier in uiodo,' and that his
character may ii. iome refpect tic conhdered TO
bear a ltronger relenbiance to tnat OF lord Thur.
! low than to that of lord Cheiterfied vet ld,d
lhurlow has ever been efleemed great legal
character and enlightened Judge.
no be eonfiumd.J