The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-09-06
.[vohvn ?.

was granted, and the court accordingly 4 !.
ijourncd.l
Iko1Gar, February 25, Mr.. MARTIN proceed.
ed as follows: eu-
hi'er having returned my very f,cere ti,nt.
20 TINS ,ionouTable court for their poi.e a,,ent;
q" o', Saturday, IN giving me time to this morn
| ms, Will now proceed 70 the further ipy,pi,,-
ton OF The cafe, in which we ,rr eng,,.,i A.,
before call your attention 70 the f.:h and Gxth
articles OF impeachment, permit me 10 pol;cc
! lone few points that find had been un,++s-,>i-
/ ed 80 by me on Saturday.
Vines witnefs (Mr. Rin,l who Mad bes1 :,
lone degree concerned in printing TIE prolre :
before Us, appeared at the trial of Caj,endsrI,
give evidence aeainft hia,, we are. told ;,!
S,.a.s aaired h'm that he might ne under no
apprehension from giving teltiuony, for thu. IL
mould not be proircuted accom-. &c ,I
thing Tie inouid dhcl Il. on that trial,
W bar Is the fact from the s,,i....,sSa NJ -
it'nd, II ieems was iurimoned as 4 wi,nsfs.-h
came forward without a y objection on his part
70 give evidence. 1t was then that Mr. Eavl
~ order to .hrow impediments in the way ON
the prottcution, undertook interfere Will. ;he
witnets of the United States. and to tell h;n
mat he wis not Obliged to give teRimonv, "a il
might crir'inae MoitIf. The iud,,s replied il
was very true, but thar the court would take
! care the "''sts iIiouid not tr proiecuted o,
account OF any thing he ihC,,ld difcJoE. !, his
I
the court only meant that they would not in1i
'ute any criminal profecution ayainf the Wit.
ntis, and II any ndctusent ipould be found a
eaint HIN grounded On the tedimony thus 81
ven by him, they would interfere with govern
ment to procure noi !pryieqni, or par.ion--ard
on tteie conditions, and under fuch promiles. it
Is a mott uiuaI praStloe 10 Introduce a.focates
ana acconpiices to give evidence for the con-
vlction OF ether and greater criminals But this
rs luggSttvi 70 nave b-s i'm IN ~
and one Of tho witneiies, the prcient attorney
generai or VTEiEla, has on his examination fur
ther haZafded the IDEA, that any interference Of
Tie canfe IN quefion ought TO have been hy the
United States attorney for that diari1t and not
by the court.
The gentleman is mifaken. In Great Bri.
IAN when an accomplish is produced 10 he 4
wtnefs, his production, and the fec,,rirr h..
h2th againf pro!ec Ition on account al any
thiHg which he may diiciofr having tendency
10 crimnate hiintrf, 10 the act OF the court and
hot OF the pubic prote ntCr, except 70 far as r
us Gone ander the diEeSfioH and with the court,
appreciation. To fupport this poiitien | will
asa'n turn to M'Na!ly, page eos.
The admitting an accompiicc as witnef;
tor 'he crown, is not matter granted by th-
court as of courie, but depends upon the ourC.
ton, whether the indictment can DC found, and
f4>F,.c-t.,oi ,..:.l-- '-. .4---.. ~ ~
. As in the king againit Ro6ert and William /,
N-i>"''S'-'s AHi fEitPi!S, Lent AiilESs, l7OS.
" Coua's for the Crown moved, thar Ayerv.
an acco1Plice, might BE- brought brfor- ne
rrtnd jury to give evidence on bill of indic-
ac:,t.
Juice 2Ule' fa;dit wasnot motion Of courr..
= he cetiToi the cOE.fl. 10 iead over i;s h,e
& ter' ny sh1t there vas rot fuiIicsut evidence
i" coa'iGt witaont the tcitinonv of he. acco,,-
P'Ie' oiherd he zv0N@ nat allow TIE motion;
hecau!s II might be the means Of letling OF he
IL and Il.
ther"iiI, according to circumstances, n-rcy
might be iiewn, and rs i;Ganced ii1i!srcaG..
7Aich happened al York Allies The cnrn-
III thsn ftated that this offender bad hren le-
tore admitted kim 5 evidence asana the Others
| ny me committing jR,2isr. Eg1ltr i,iI ltar ne
you'd nor pay auy regard to that, itcaule Il
c"oh' not to re IN the power Ola ;Hfce Of tts
f' ace 20 lay, "ao ought and who ought not to
DC ainittsi kings evidence. The counf,l
itn reuror laid ,ht on reading the jn6iFIr"snr
ana his bret, he thought the accg.rD,icc orsf,r
10 DC aaIniittd as evidence ; and his D,oligq 7yay
$F"R!sd., That is BY the cao.t.---Ihis au-
! tAorly clearly !hswS tina; in England it is cor.
hlered the province OF the court To decide
wnen, ma on wha. terms d., or,odces fhan be !
introduced as wi:ncltes: and inch mas been the
u1t'rn prattice in Maryland.
And here let mP o5frryc Before o,;t Dis
nugget, as to Mr.. idy's coriutt, that although
rms wl,n-lS came forward vountarilv to 80
testimony without making any oSie4ion on his
part. Mf. Hay, 90 obhru&t the prciscuti,r. OFF,
ci0Iliy Intercred as far rs he could, to e.crriv-
the United States of the tetimory ncc.a,lry TO
con'ct The Offender, and to di.F.,, ds the vii
rS.S from beng iworn. Il condu4, confefs
cannot but view a. being at lcat highly cenfr-
rhbe, yet, IL, my honorable cert fIfftr.d il T.,
pals ~tnoW even the fnia.lcf repri,,gni,
FMS d,d rot inew df2oiiiion, on the part of
iGdse Inaie, to be captIoue, even with Mr..
Lay. ''''
There was another part Of the iefinonv To.
mitttd 90 notice; Will now do il, i,.il H. rer.
tieman VITO comes after me might maize tt-
tame om,'i'u. + has been fIggeRcd by tv,
OF ting "it@t.;cs, that the court, IN orc ,p,t,n,1
ui"d the word "we," in the plural rn,nbpr. =,
a'nfIjt1g the court wi:,i the Drnf-cutor Of ,ts
United S;a'es.--Mr. Hay has fated il TO have
netn on the fo':owiHg ocra.ion ,pt.n the cnnn-
Isl 'or Calender reproacLsd ;he cont win he.
ing g'uliyo OF Partiauty, in requiring the ou,ei.~
ohs oy them 2fopoundcd to Col. TAILOR TO i've
fsauced TO writing, although tie coijrt had ros
laddt hmii.r requiGtior Of tie crnG.cntrr I
me court inrtplY. ohf.tyrd, " the s,tornrI :
"H-n he Opened his cafe, itateI what he ev,,, =
a