The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-08-30
CFotuME 2.

ri, u lt poiiib'e the Court would have contipu-
ed the cauie unlefs the prniecutor would have
soniented that depo!tions ihould lie thus taken.
Hence, therefore, no principle doth il aD.
pear tina, there was any thing improper, incor-
rett or Illegal, in refuliug continuance of the
cafe of Calender.
But, iir, there is another ground upon which
the conduct of the Court was ftrittlv uGi6able,
IN requeiting to know by the depo6tion hat the
aoient witneiles were expected Ia prove, and
alto IN refuiing to continue the caufe. Upon
their own ftatemen., the witneiics wan, ed were
Iony material TO few of the charges Ia the in
diStment.-Their abfence therefore could not
De tuf'icient reafon to put off the trial. The
attorney might have truck ont or the indictment
thoie lets OF words to which their tcitimony
was wanted, and proceeded to the trial upon
the other part of the charge.-And rs the pu-
n,ihmert both as TO fine and imprisonment was
discretionary, not exccceiing certain inn &,
time, Calender was equally in the power OF the
Court, convicted ON part, as if be hail been
; convicted on the whole of the charges and the
Court having the difcrction, and having refuicd
continuance for the want of the tehimony fic-
gefed, had 1t in their power, when tlcy TsC;d
tentence TO throw out of their confederation,
tho:e parts ofthe charge for which the teitimo-
/ ny was wanted.
, And on this fubiee the cafe put BY nv ref
pettable colleague (Mr. Kew is perfectly ia
. a
! ed for Healing horfe, PADDLE and bride 70
delay the trial, the r-ifoner fiiEeHs the want
! OF wrnel'es TIE Court compel him to declare
IN ms affidavit what he expects to prove by..
them. 1t appears that he only warts to prove
that the bride was his own ! This E. ely
would be 10 cau;e for DELAYING the trial The
:. otecu,or might initantly ftrike out of the in
d'ctment the bride, and there could not be the
'eat pretext for not going 10 trial upon the re f.
~ IN Y f..,1o ,.a{s gk e
nsiies TO iuftfy as to n few fetts of words.
could afford no reatonable caufc why he H,onId
nHt be tried upon dozen or more fcts OF libel.
ilons words, charged in the indietr,ent, rs to
which he did not pretend to alledge that he
wanted witnefs.
| In Maryland, it has ever been The practice to
! try criminal protscutions of What nature foever
ar ths hrft court, if practicable and not TO con-
t'nre them unlefs fome legal canfe is C.eyu.
Judge Chafe had been accufomcd TO this mode
OF procedure. 1t was in Maryland that he ac-
CURED She fri rudimentS of law. 1t was in
that ate that his tirft legal knowledge vas ,.a,
turrd wv practice.
Why nrouid capital cafes, rather than efe.
irior crimes, We tried the firG Court /; The ho-
norable managers admit that il is the eenerairu!e
mott continue, but to try at the frtt term, ca-
pitat CATS. Surely if Indulgence, if delay IS ne
cehtryin any cafe, it isin 4 Capital cafc, where
! l'tr is at ritque where an injury if done is
Unbelievable
There are many reafons which lhew the pro-
pretY that profecutions of every kind G,old
be decided with as li,lc delay as poi,iblc. One
! OF the PRINCIPLES as TO criminal juriipruience,
as governor Claiborne has iunly obferved, is
,tilat tho puniil,mcnts Mould be mild, yet they
ought TO fbefdy; 6y having an immediate dec.
hon, there is 4 Greater certainty that the crin-
nal flall not cluie juftice By fights. The cx.
pence, whether 70 the criminal or TO the pnb,
| lie, is incrcafed By delay DELAYS slio hazards
the lofs ofteGimony by the death or abfcnce of
witneileS: and therefore c.irninii,ics the chance
or having Juice done, either to the party or the
pubiic, the one or the other of whom NAV he
eilentally injured for want of teftinonv, which
might have been had if the trial had not been
delayed and even if wiireiits live. and can he
had at the trial, yet the lapie of time ir1pairs
memory. and their tettmony cannot he relied
| upon in the fIme manner As if they were exa.
mined Immediately after the iranf9iop, when
every Circumstance would BE- freG, in their me-
mory. Theft with many other reaflus which
| might be give, have a6fuated our courts OF
ilutice in Maryland, never so continue criminal
PROHIBITIONS of any kind, II it can he avoided y
and thew the propreiy of their co0dua.
| The next Specification, in this article. of I'M
proper conduit in the iudge, is, thar g he ufed
n7yiia9f. RUDE, and contempfnouJ crtr.6rouJ to-,
wards the DrtoBer's counftl and infatuated
that they wi;hed 10 excite the public. fears and
Indignation, aod TO produce that inf,bnrdirati-
ON TO The law, 20 which the conduct of the
Judge did at the fame time msnifefIy tend"
rs to this part Of the charge, there is bit H.
tie OF legal nature contained in it I fhalI there
fore haitiy pats Over il. II true, il fcer,s 20
he rather violation IF he principles of roli.s.
neis, than Of the principles Of law rrther the
want of dccorur', than the conlnfion Of a
bigb r;ii7r end 15icieH,eanor. l will readily a.
gree that my hoporab.e client las more Of the
=" fortiier inre," than the - fuaviter IN modo."
sod that his character may 10 fome reflects he
couiidered 10 bear fronger mblance 10 that
of lord Tburow than 10 that Of lord Chefcr-
field; yet lord Thuriow, has ever been eeeem-
ed great legal character, ard an enlightened
II judge.
But let me ak this honorable court whether
there s nal grra: reaf,H 20 believe that the FIN
tiDents my honorable client expreheI with ref
pctt 10 the conduct Of tie courfl and their
o Jet was iuft and cores What was Tie
conduit of Callender'3 couniell Was it not
iuch as Immediately tended TO inaare the
minds ofthe by flanders. and to excite their
indignation 1gaDit the court--aud hishly infll,-
ing 20 the judges IN the frf place, they en-