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


hearing MIR. Lewis fay one word on that day.
Mr.. Randoipb. You fated that on the next |
day, Mr.. Lewis, when told by the court to pro-
coed as he thought proper, anfwered that he ne
yer would addreis the court in a criminal cafe !
on point Of law, and urged the propriety of
citing cafes before the revolution, to thew that
the Englifh Judges fnce the revolution thought
themlelves bound by cafes before the revoluti-
on, which ought not To be the law in this
country, and that if he was not permitted to do
this, he would be obliged to abandon the de-
fence.
Mr.. Raevle. Yes, Sir.
Mr.. Randslpb. Did you hear any opinion
given by the court, which warranted MIR. Lewis
in the opinion that he was precluded from citing
fuch cafes?
Mr.. Razvle. On the esd did underltand the
court to FAY that fuch cafes fhoud not be cited,
becaufe they tended to millead the jury. But
at no time did / hear the court fay that council
were precuded from addrefling the jury on the
law, but it was faid that as to the authorities
cited, it muh be determined by the court, whe-
Their they were admif1ible or not.
Mr. RGnaoipb. You flated that both the
Judges after the adjournment came to your
houie. Was your houie their place of abode
MIR. RazvAe. No, Sir.
Mr.. Randolph At what hour did they call
MIR. Raqvie About ten O'Clock.
Mr.. Ranlolbb. And that Judge Peters ex-
prefltd an apprehension that Mefrs. Lewis and
Dallas would not go on?
MIR. Raevle. Yes, Sir.
Mr.. Randolph. On what grounds did he ex-
preis this appreciation
Mr.. Razvle. do not know.
MIR. Randolph. Have you any recollection Of
any grounds for fuch an apprehension, except
that which arcfe from the general character of
the bar.
Mr.. Rasvle. have already ftated that I'M
deritood there was a meaiure of that kind in
contemplation. j have a faint recollection of
having heard fomething of that kind fall from
Mr.. Dallas.
Mr.. Randolph. Did you exprefs to the Judg-
es that your opinion was drawn from any other
fource than your general knowledge of the bar
Mr.. Razvie. l do not recolle6t that l did.
Mir. Randolpb Mr.. Chafcsexprefied his re-
greet, and fad he did not mean 20 preclude the
council from proceeding in the trial in the ufual
manner. Was the courfe purified in the cafe of
Fries in the ufual manner.
Mr.. Razve. never fsw fimilar circum-
ftance take place at our bar during the whole
courie of my life.
Mr.. RandOlbb. Is it ufIal for the court to
give general opinion Oh the law before council
are heard
Mr.. Razvle. Never, except in their general
charge TO the grand jury. They fometimes en-
qure Of the gentlemen no profscUte, what are
the offences likely to be prefented, in order to
inform the grand jury what it is their duty to do,
and to make their charge more pointed.
Mr. Raudoibb. Did You ever hear of its be-
ing done in particular cafe before the court !.
Mr.. RazUie. Not, that / recolle6t.
fir RaaGo}bb. Do you know whether much
convention took place at the bar on this novel
opinion thrown down on the table?
Mr.. Ra7pie. I itated before that had great
burthen of criminal cafes to manage; as was
iituated it was not in my power to keep up the
ufua cOloquia ntercourie, and l cannot recoI-
le6t any converGation until that which have
mentioned.
Mr. Ranaoltb. Do you fuppofe that the ad
of delivering the opiniouin writing was 70 pub
lie as to attract the notice OF the jurymen that
were attending?
Mr. RazUle. From the number of the jury
men, and from the contribution of the court
room, think that a comfortable proportion
mutt have paid attention to the tranfaction.
Mr.. Randolpb. If you heard Mr.. Lewis ufe
no language on the opinion of the court, whence
do you infer his indignaton
Mr.. Razvhe. From his countenance, and the
manner of his throwing down the paper?
Mr.. Randolph. VAST fuch as to attract the
attention ofthofe in court
Mr.. RnzvIe. If they faw him, they muf have
been ftruck with the manner in which he expref-
fed his indignation. 1t was very frong,
Mr.. RandoIbb. Did you hear Mr.. Chafe fay
that if the prioner's council had any objection
as to the law, as laid down by the court, they
mutt addrels the court and not the jury?
Mr.. Ra4VIe. Ihave no recollection of hear
ing fuch an expreflion fall from Judge Chafc at
any time.
mr.. Ncbol0n. You fated much of your tef-
timony from your notes. l would ak, Sir,
were thofe notes taken at the time, and in the
order they itard arranged?
Mr.. Ra7Vle Preciiely 70, ST.. l made my
notes in court.
Mr.. NicboL6q What was there in the con-
duct of Judge Chaf. that induced the council
to infer that they would be precluded from cit
ing the ftatutes Of the United States which have
been referredto?
Mr.. RazUle. cannot FAY from what circum-
ftance, unlefs from recollection of the itrenu-
GUS oppohtion made on former trial on the
part ofthe prolecution to the courfe then adopt
ed.
Mr.. NicboJon. Judge Chafe alto declared
&C No cafe can come before us on which have
not an opinion as 20 the law, otherwifc I Mould
not be fit to prefde here" Was there any
thing which took place prior TO this on which
Mr.. Lewis founded the opinion that he would
be compelled to addre(s the court and not the
jury?
Mr.. Raqoie. II appeared to me that it arofe