The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-06-25
[VoLumE ,.

NOT law, and to introduce no matter WIKI h they,
> know TO be either improper or irreyelant. This
IN ITS WORT character, viii be tonnd to be the
| whole amount of this terrific menace IyhI.
account does Mr.. Lewis give OF this OCCURRENCE ?
After Hating that the court manifefteti a Rrcu5
; ashTe that he and his colleague fiiould proceed
= IN the defence OF theft ciicht; thar every re-
hrcsion u any had been impocd. was nov. re-
moved, and that they were at full liberty 20 adj
dreis toe jury on the law and the fact as the v
: Thought proper; the Judge faid that this would
be done g under the direction Of the court, and
duo oartefseS svif5 s,nproptisty." And was ic
not 10 Aud where is the crimnali,Y OF fay;ng
10 Mr.. Lewis did not conf: der this as ARMENIA C.
intended TO rettitl him in the cxerc!ie of tho
right JuH before conceded him by :le court, bur
rather as an unwarranted fuiDicion of his isnit.
OF Proprety; for, fays ne, 'sI did not kao,v OF
any conduct OF mine to make this caution necsf-
, fary." sd {; w 90,
! The court perhaps thought his conduct on
the day before did make it necefary. Let us
| nowtake Mr.. Dallas imprrfon of this part of
inc conduct Of the judge. This witnsis az
ter terrifying to the ample range, both as 10
law and fact given to the counfsl by th-
court. ttates that the judge obitryed s. they
would do this at the hazard Of their charaS
ms Mr.. Dallas afterwards ierais an ..unkind
menace thnkupon recurring to MIR. Lewis
ana the other witnefies and to fome con-
tlderations naturally ariling from tie marifsit
dlPohtion or the court al that time it viii be :
constituted that MIR. Dallas has lniiiaken the ma
ture and character of this act Oft Judge, whea
ne deicribes 1T rs menace. Mr. Tiiehrnan;
Rates that the count feemed p1.y anxious that
the council fhould Proceed gave them full Ii
herty 10 combat judge Chafr's opinion before
the jury and that they were not 10 be bound l,v
thas opinion. Judge Chaie mentioned that cafes
q. common law before the Rat. of Edw. III.
ought not TO BE- read. So of certain other 10.
he particularly mentioned the cafe ofthe MAJ,
whn wiihed the flags horns in the king; belly
ana aio OF the man who kept tavern with
En orthe crown, who iaid he would make his
len heir tothe crown. The Judge declared fieh
CAKES mutt not be cited; and faid in iilafratioa
OF his idea-What cafes from Rome, from
turkey and from France: That tie ccunfel
mould so into the law, bat muft rot cite cafes
that were not law. After theft obfervatians and
IN olrcct connection and reference to them, tie
judge faid fonlethng about their broceel;,g A.
S'stA5l7 TO TIER ozca coHitiencc5." What now
ocgnlS to De the complexion and charaete err of
TINS part OF the judges behaviour? Why, that
atter giving thete gentlemen the utrnof latitude
OF dfce.fon they could politely REQUIRE h.
ta'es certain clats of decifionsf and cafes.
|h;ch appeared to him and inuf appear to every
eody to be unworthy of notice-to be of no
LOTT 10 or authority or application in the cafe of
frIes, which were not law; which MIR. Iew;s
,...n.s.r mas Described as the offspring ofcorrupt
if they had any operation, were hottie to the
prioner fay, fir, after abiding to fnch cafes,
which he knew too had been rftd on the for
mer trial. was it criminal or itrange, he l,ould
make an appeal to the confciences, or chsrac-
tiers, take it either way, before they proceeded
TO their defence.
A further examination oftelilponv puts this
part of the cafe beyond doubt. Mr.. Raw!e. af-
ter Rating the fame courfe of obfervations from,
the judge, as has been mentioned by Mr.. Tiluh
man, and that he faid, s. have always conduc-
ted rnyieif with candor, and meant to fave you
trouble" After relating to you how fully the
respondent removed every -ohftacle which hsi
ariien rom The proceeding Of the t,ft day, and
how honoraoly he explained and iu(tfrd the
motives OF his conduct, declared hmfeIf thus to
the coupfel: having thus explained the mean
ing ofthe court, you will ltand acquitted or con-
demned to your own condolences, '-the fame
terms uied by MIR. Tilgbman,-" as YOU thirf
proper TO aci. Do as you pleafe." This hor-
orable court will be plelfrd to reco!lccf thar
Mr. Rawle fpeaks not from the imperfect in,-
prctions ct memory after the lapfe of FIVE years
but from toll notes taken at the very moment
of the trapia6tion. 1t is needful TO so further
in publication of this miitahen menace. WHIT
iays MIR. Ewing? So that the Respondent told the
council that il they read cafes which were not
law, after knowing The opinion of the court that
they were not 70, they would do it with a view
to their own reputatons." Mr.. Meredith. af-
ter recitiGg what the judge obfrryed upon the
cafes at common law, tetiiies that the irfpon
dent informed the couafel OF Fries s.they might
manage the defence in fuch way as they tho't
proper, having regard to their own characters.''
hope, 6r, we have now obtained Jun notion
Of the nature and intent of whatever was f,id by
the Judge at this period of the tranfa tfon and
as no witnefS confdered il as menace but Mr..
Dallas, we may iufly conclude he has rniRake
il. Is not this the true Interpretation OF it, that
the judge had determined to give theft gentle
men the utmof latitude Of difcuifion, both OF
tine law and fact, 10 any extent they thought
proper, referring them only to their own fenGe
of propriety, 10 their own confciences, to their
own characters. as 10 the manner in which they
| would uir tiiis uub0uutcd liberty! The fefpon-
dent coufiisd in the character and confidence of
theie gentlemen for the fair cx rcife oftheir pro-
GefIionsl duty, and for fuch limitation of their
privilege of fpeech, as would prevent any ahufc
ofitto improper purpofes orto an UNREASONABLE
extent. Safer me, FIR, TO make one further re-
mark, confirmation ofmy petition. Il grows
,,ft