The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-30


ed.
will iubmit paper yefterday referred to as
evidence on the 18th article charge delivered
By chief juitice M'Kean on the 9th Noveu-
Der 1797-In this charge the learned Judge,
whole eu!ogium has been 70 boldly pronounced,
diicuiles the doctrine of libels, and after va
riety of pertinent observations, goes on as fol-
lows:
(Mr. Harper here read extracts froc- the a.
bovc cbarge.)
Exhibit No. 7, contains extracts from the
Mirror of the Times, which are offered for the
pnrpote of verifying the ftatement of the ref
pendent (; the firlt is contained in the paper of
Wedneiday February S, 1900, and the fecond
in that of Feb. sth.
MIR. RandoipS. The exhibits are thoie which
accompanied the refpondeat's anfwer and
pleas.
Mr.. Martin. They are, and we here clofe
our tehimoay, adding only the letter of govern
or Claiborne, who has acted on the fame prin-
ciple, and given to the world his political OPT
Mons on various fubieSts.
Mr.. Randolpb. One of our witnefics has ar
rived in town, and we with that he ihould be
called.
THOMAS HALL was called and fworn.
MIR. Meh9iton. Was YOU at Baltimore when
the charge was delivered by Judge Chate, aud
do you recollett the language he made ufe of in
addreliing the grand jury
Mr.. Hal. ] do not rscolle6f the particular
language ufed-I paid very littlc attention to
what was there tranfaeted.
MIR. MeboDon. Do you recoeet the fub-
je6ts generally, on which he fpoke?
Mr.. Hall have general mprelticn, but
| cannot be particular.
| MIR. Niebolj1a. Did he mention the prefent
administration as weak and feeble?
| MIR. Hal. Ny impretiion is that he mcnti-
onsd them, or ] Inferred 1t from what was faid.
| Eir. WieboLon. Did he mention them in
fuch way as to cat an odium upon them
Mr.. HaN. l could not identity the Ian
gulge Of Judge Chafe even if it were laid before
me.
/ Mr.. Nicbolon. Do you recollect his recon-
mendation 70 the jury 10 ufe their exertions to
prevent the pafage O! partie ular laws?
| Mr.. H@N. think he uted language in fub-
| Gaace 70 that effect.
Mr.. Nir5ojoa. In what way did he fpeak Of
the naturalization
Fir. HsA. do rot recoliett particularly the
| manner.
Mr. NieboJ6n. Is it Your general irapreGion
that heInentioned the administration
MIR. Hal. ! think he id, or ellie Inferred
it from what he faid.
Mr. Randoipb. Although you Go not recol-
lect the preciie expeditions of the Judge, you
inferred from whar he tl:d that his defign was
re convey 20 the bye-ftanders the idea that the
standardization was weak or wicked
Mr.. Hell. Yes, Sir, tho.e are my impreiii.
ons.
| Mr.. Niebolfou. Were you on the Jury?
| Mr.. Hal. Yes, Sir, was on the petit Jury.
Mr.. Rodney here adduced lift of the grand
i!i-ry for the circuit court held in the year 1900
III the tate Of Delaware.
Mr.. Raadoipb wil!led that MIR. GEORGE Hav
might be called to explain part of his teftmony.
| that part which related to the conversation be-
tween the MARTIAL and himielf, when the for
mer was in purfuit of Calender.
m HAY was accordingly called and appear
! Cd.
| Mr.. Randolph. Did you endeavor to diff.
fiIade the MARTIAL from the execution of his du-
| ty in the arreft of Calender
Mr.. Hay. l certainly did not, and Mr.. D.
M. Randolph could not mean to convey TO
| this honorable court that idea. ihould have
been prevented from doing this by two conf
dera.ons, one excluiively relating TO myfslf,
which need not explain, the other, that had
better opinion Of Mr.. Randolph than to f1p-
poie he would ften to any fuch fiiggetions. I
did tell him that in my opinion he would not
be able TO get Calender, as underftood that
he had attempted to make his efcape, and that,
| in the place in which he was, it would be i'm
po!ibe for the MARTIAL to difcover him.
Mr.. Randolpb. Did you mention TO him
that he (CalIender) would furrender at the next
term?
Mr.. Hay. / am not certain, but / believe l
did.
Mr.. Randolph. Were you at that time re-
tanned as council for Calender?
Mr.. Hay. was not retained as his council
at that time, nor ever after; but intended to
appear in his defence for the fake of the caufc &
not for the man.
Mr.. Randoipb. Were you averfe to proceed
in the trial at that term for any particular rea-
fon ;
Mr.. Hay. did not with to appear before
Judge Chafe, from an imprefIion that had been
made on my mind in conversations with perfons
who knew him. ] conceived it would be an
unpleafant budnefs for me 70 carry into execu-
ton the intention | had formed to defend Cal
lender. This impreiiion arofc principally from
the conduct the judge had manifeled towards
Mr.. Lewis and Mr.. Dallas, on the trial of
Fries at Philadelphia. lie had there, as / un-
derftood, reftrained them from managing the
defence in the way which they thought proper.
did not expect any greater indulgence or adj
vantage than had been allowed on that occa6on.
] had therefore made up my mind to meet all the
exigencies of the cafe with temper but with
firmnefs. The conduet of the Judge in the
trial Of Mr.. Thomas Cooper, had alto its