The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-26

no aliuhon TO the meafures of the administration.
Mr.. Harper. But this general praetife has
been to recommend to them the Observance of
law and the fupport of government?
n. He generally addrefied the jury on the ne
ceility of obeying the laws--that has been the
tenor of his charges at all times.
Mr.. Key. In criminal cafe, when queiti-
on of law arifes, is not the opinion of the court
always taken?
II. Except in cafe, which occurred between
the prefent Secretary of the Navy and myfelf
The details of this cafe were not heard me-
YER knew an inftance in which the direction of
the court was not taken; and know no in
itance IN which council attempted to controvert
the opinion of the court on point of law.
Mr.. Key. Have you ever known council adj
dreis a jury on point of law after it had been
decided by the court?
II. Never.
Mr.. Martin. Would it not be deemed indie
corous to do 70 |?
II. have always thought 70.
Mr.. WeboJfon. will ais you whether Judge
Cha?- recommended to the jury, ontheir return
home, to ufe their exertions to prevent the adop-
ton of depending law?
n. do not know whether the recommends
ton came from the Judge in language and terms.
rather think it flows as an inference from what
he had faid
Bra Senator. In any criminal orcivil cafe did
you ever know the - council give an opinion
without being required by council
Il. / recolle6 no intance, except in general
charge to the grand jury, or in fumming upthe
teffimony at the end of trial
Mr.. Raudolpb. / will all, whether the cafe
you allude to is. after both parties have been
heard, at the end of the trial.
II. Certainly, fir.
mr.. Martin. / will aG1 you whether in any
cafe, where the law is fettled, and cowrftlgo in
TO an argument on the point of law, the court
do not frequently flop them
Fl. 1t is difficult to give correct anfwer to
this quehion-It is certain that it often hap
pens, that in arguments or points of law, the
court check the council, and fay they are too
clear TO be controverted and, to prevent delay,
beg the council to pats over them.
AT the innance OF Mr.. Harper, EDWARD
|TILGHMAN was called.
MIR. Harper. Do you recollea any inffance
of an adjournment of the circuit courts of the
United States.
Mr.. 7iIgbn,an. Irecolled in the year l sol +,
that at circuit court of the United States,
where judges Tighman, Griffith and Ballet
were on the bench, which was held at PhiladeI-
phia, there was an adjournment on the Goth
~ enfung. ne colirS adjourned becau.e they
were obliged to hold court in Bedford, which
was in the wetern dihri6t OF Pennfylvania.
recollect that in the court held in Philadelphia,
they were not able to go through all the buff
nefs before them, particularly in the cafe OF
Peter Biight's afignees. The court confulted
with the bar on the adjournment, and the fen
hment was unanimous that an adjournment
could take place. After the court was held in
Bedford, it was again held in Philadelphia, in
the month of January, the caufe have menti-
oned was tried, and I believe feveral others.
Mr.. Harter. What is the dfance of Bed
ford from Philadelphia
Mr.. 7iisbman. ] believe between 100 and
so miles. In the laft year in the month of
May, while Judge Warrington was holding a
court in Philadelphia, he learned that an at
tempt had been made TO fet fire TO his houfe :
in confcguence of that circuuiftance and the e.
tuation of his family he was Obliged 70 leave
town. He ard Judge Peters confu!ted on the
courfe proper to be piirfued in cafe the yellow
fever fhould be in Philadelphia at the ufuaI time
at which the court met, and it was agreed that
Judge Peters fhould in that cafe open the court
and adjourn 1t over to January. This was a.
greed after committing the bar, and do not re-
collect that there was any difference of opinion
among them. The court bad commenced in
April, and this determination was made fome
time in MAY.
Mr.. Martin Did the judges after holding a
court at Bedford return TO their homes before
the adjourned court was held in PHILADELPHIA /?
Mr.. Tiigbn0n. According to myimprefIion
they certainly did, there was little or no buff
nefs done at Bedford, where they either broke
mp the day on which they met, or on the day
after.
Mr.. Randolph. Have you ever known of 4
bill of exceptions in criminal cafe in the courts
Of the United States?
Mr.. 7iLgftna1. Never. ] recolleA in tbe
cafe of the United States 4y. WorerI, which
was an attempt TO corrupt Mr.. Tench Coke,
the verdicf was againlt the defendant, and there
was an AREA of judgment. There was diyi-
iion of opinion whether it was an offer at COM
mon law, and there was talk of writ of error.
il was faid at the bar writ Of error would not
and | think when it was mentioned to the
court, they faid the fame thing under the idea
that writs of error were confined TO civil cafes.
THOMAS CHASE flyoyr.
Mr.. Harper. Pleafe to look at that paper.
(ihewing paper, do you know the hand wri,
ting oft
Mr.. CbaE. do not.
MIR. Harper. Will you look at that hook.
do you know whole hand writing itis?
Mr.. CLUE. j do.
Mr.. Harpfr. Did you copy it
MIR. Cbnf. did.
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