The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-22

! ~ 20 him. I'they MIGHT have 70 a3r-,rci, f
/ me opinion which he founded on them be not
10 oaipa5ly and @'aruCly wrc-~, rs - gerry
, With it interl1! evidence Of corrupt raoti.cr.
. he cannot in delivering it lave committed "a
! offence.
! This honorable court reed not be ;sfarrrs..
that L IS the duty OF courts before which Grim
nal trials take pace, 70 rr.vCpt Jurors from be-
! lnr eTcuicd for lirht and iu,aIcie-t caufs. #
rms rule were not ohierved, Il would follow,
I that as teryinE on Zach trials rs ;ur,r is an
TO be very dTlFr-eahs bdGncf., ei1ccial'y ~
/ thoic hc!t qualified tor =, there would h.. =
great difficulty, and often IN impofTbitv, in
! EndirE proper 1c-;c' The law has there f,,.
ctahh.ncd fSyd and gene -! yulc on this !ln-
Ject, calculated not % crafty t'e wiihes orthe
UNREASONABLE icruPles fiuror, but tofcurc IA
the partYaccucd, as ar asin the inlperfy cfion OF
human nature II can he ftcuryd, fair and in
partial trial. The criterion e0ablifhcd BIZ this
role is, "that tie Juror Gauds indifferent he.
tween The goycrrncU. and the rerfan accufeG,
rs to The matter j.: Tie, on the indiament.''
ms lndiT-rencc is always, according to 4 wei
Known maxim OF law. 10 he prefamsd, unl,f;
tue contrary appear and the contrary may he
ailtaGcd by way &C e@cuf- ythe i;lror Lirnfelf
or by the Dr,.aHsy ~ way Of challenge. Even
II not pledged, it may be inquired into bv the
court o: ITS own mere motion, or on the fuc
gG;tio1 ofthe pg'G'ner and it may lie eGah!iff
od - The con.eGon of the Juror himfslf. on
oath or by other te0imouy.
Bet In order 20 liew that a Juror doe, NOT
" it2nd indifferent between the accu{tr and tb,.
acCUeG, Gf t6 TIE matter IN i2;l'' If is NOT f,1;
cientto prove ,Les rs has eg3reilid y General o.
pi0icn, Dat GIci m onsuce IS that CHARGED
by The in issiucrt ,,,~h- -, H.. ,,nn;n,s,i >,
tn7tf the party accu.sd, II cJ'.,vrs The offence
cH7,e&" 'Ca,.a-l pm, ought 80 be purified -
or a" that hook f9r Prirting and publihing
which the party is in3:ttcd. comes within tb,,
law on whica the indifferent IS found.
ed.' al t'sf- arc General ,v1r,Gions nj or;-
mon, rs TO t.c Crmipai.v of an act of which
the patty Is accusti, add Of which he ,,qy b,,
equity; rot declarations Of IN op;nion that he
actually IS guilty O the o,..rcc with which he
Ea1ds charged. tis inpc.,ible for anv man in
toc'ttyto az hi 6ayiur. and extremely difficult
Tor ann toavod ev7rcfng. an opinion. ae to the
crimna.ity or innocence ofthof- acts, which for
the Toit part, a;e The fuhiCcfs of irdi6menf;
FOR o0erc5l Of \ public nature: fich IS tre9-
Ton, iediuo1, and !helsacaina the government.
Such al,sa,wavs er@ace pubic attention. and
become the iub-tf Of public ronverfation; and
!! 70 have formed or e~preii-d. an 0ririor. DC TO
the general n7-n-- OF tholt acts, wer. a f.P'ci-
emit ground of gAs!ltrr- 70 2 Juror, when alledg-
I'd S-a,ais him, or Of sycaG. from f,rv;nc Wien
!.:edEed BY h.m'c.r, it would be in the power
pr .a.nob every snder, 20 prcyy st jury from
'e'HF npaonci'ed ~ try him, and Of alnof
very man, 70 exempt himttlf from the unns7-
ant talk of .cryiaE on f.ch iurics TIE :rlsri-
-n"c and heIoous nature Of IN offence, would
give It greater tendency to attra9 puhl;r at
zen. on ans. 70 draw forth public exDrefions Of
h.'EHalon and would thus enoreaft its chance
d !. l"'pHn'y.
- o the nreicat cafe this reqforinp arolies
~ :, ~ =, P-SuIar .orce. Ihe Profref Before