The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-23

l
was, fully gone through.
l. Mr.. Randolph. And this, fir, before the coun-
| ie! had been heard
Mr.. LeSvis. I have faid Mr.. Dallas had not
yet come into court. and as to n,yielf had not
at this time iaid Jingle word. think it was
| at or about this time, that Judge Chafe handed,
! or threw down to MIR. Caldwell, clerk OF the
court, one or more papers but whether faw
| them pafs Immediately from the hands of one
| to the other, am not certain. Mr.. Caldwell
reached one of the parers towards ne. IF I
TOOK 1t in my hand, did not reat. tingle line
or II. remember we'll that fpeakHg aloud,
but whether addrrlIing myielf TO the court or
not, am not pOlitive, and either waving nv
hand, or throwing the paper from me, ufed
th'Sexpeiiion---" will never permit my hard TO
be tainted with preiudced opinion in any cafe,
much lefs in capital one" II Judge Peters
made rfe OF fing'e expreliion on the FIJI day,
] either did not hear him or do not recolleGt
it.
Judge Chafe, when fpeaking of the anthori-
ties at common law, and thoie under the ft8tute
OF Edward the Third, and believe of the acts
OF CongreiS, faid, he would not fufrer them to
be read again. / am fure Re iad he would not
iufter the decifions at common law, or under
the ttatute of Edward the Third to be read I
am not altogether certain whether he did or did
not lay the fame thing as to the Ratutes of the
United States: but am perfectly iire that he
did lay they had nothing to do with the que(ti-
on, and that he expreiied hniielf in flrong
terms of diapprobation either at their having
been read or permitted TO be read on the form
er trial. am not certain whether fone parts
of this as well rs of that which am about 10
mention occurred OH the irit or the ftcond
day.
Judge Chafe faid, think on the frR dav,
that they were Judges of the law, and if they
did not underfand it they were unworthy If
their irats, or unfitto lit there, and that if tie
pr'ioner's council had any thing to fay, to fhew
that they had mifaken the law, or that they
were wrong, the council mutt addrefS them
ielves to the court for that purpnfe. and not to
the jury. / made fome CELEBRATIONS in anfver,
which it is impoflihe for me in all fpc6ts to
particularly recol'ect, as having paned at this
time, fnce fome parts of it may perhaps have
taken place in other ftages of the hufneE. 1t
TINS time Mr.. Dallas was not in court was
itru, x with what appeared 10 me 70 We great
novelty in the proceedings, and nc I was eX-
tremeiy anxious TO he of fervice to Fries, Ivas
deiirous that Mr.. Dallas might be prsftnt. 1
think ent out of the bar to get forne bodyto
go for him, and while was out of The bar. he
entered the room. / briefly flateC' TO him What
had taken place, or fome parts Of it but he-
l'eve not the whole. We came forward, and
we made tome remarks which am unable TO
repeat. was early truck with the idea fiat
as the court had made up their minds, aud de-
cIded the queition of law, before TIE Jury WAS
iworn, or the wtneiles or couufc. heard, Il was
not likely we ihOuld alter that opinion by any
th'ng we might fay, and that we ilonId proba-
oily render Fries more fervice by vithclraviHg
from his defence, than by engaging in II. W.
told him 70, and earnenly recommended to him
to puriue that courle. He appeared greatly a.
armed ana extremely affiliated, ard much If a
"is what determination TO come to- We.
however, told him, that, if he niined ON il. we
would proceed in his ;leferce at every hazard.
and contend for what we deemed our conRi,n-
uona' rights as his courfel. until nopped bv The
Gonrt-or we nird eXpreliions TO this eject
MS tate OF alarm and apprehension fear civ eff
INN the power to decide for himc!f. After
Tome time he acquietced in our advice; rlid he
ma nobody to depend on hut us; that he was
lure we would do our heil for him, and he
would Isave us TO do fOr him as we Dleafed.
Being very anxious for him, we told him we
won!d call upon him a, the jail, and ftsfy his
MIND TO the conrfe which We winled him TO
PurIut. liz tlnally agreed to our propofal to
withdraw, but as we were apprehenIive that
the court might alhgn him other council in orr
rlace, and thst our views might be def,ated Lv
iuch an arrangement, we advifed him againf
accepting any, and underitOod that he after.
war did retuie TO accept of any other council.
VIII not align my reafons for giving this add
vice, as 1t naight perhaps be improper, unlefs
I'm directed by the court.
Mr. Martin afked what thofe reafons werep
Inc PrGfdeni deiired the examination 70 pro-
;eed on the part of the Houfe of II prefct,ta-
lives; and iaid when that was cloied, the wit
leis might be examined 10y the council for
Judge Chafe.
Mr. Ltroi' 1t being thus determined that lie
mould Withdraw, aud that Fries Mould not sceetta
~ council that might be aligned him, lefr lie
curt expecting to have little rohn.- ,norc f f
Is we were no longer council for the prifoner The
iext morning Ron after the court was opened. and.
believe, whtnthe priouer was in the bar. Trds
Chaie addreled Nir Dallis and myieH, and probaby
Mr. Rawle, and alked us if we were ready TO nro.
;eedf anlwered, that was not, or that we were
not any longer council for the priGner He aCed
our reaions for this and began to aniwer by r,t,t;
'ning what had taken place the day before; on which
ne q Judge Peters certainly nanifeded aropg Dino
iton that we mould proceed in the priforer, offence
ma that they would remove every reRris,ior which
had been previouny impnled. was Rorped in ,yb,,
was about to fay by Judge Chaie telling US to go ON
II our own way, and addrefs the jury on the irv a,
wen as the facts, as We thought proper but az TIE
anne time he iad it would be under the difen;o, of
we court and at our own peril, or the r n; Of our
Characters, IT we conducted ourleyes with irpro,tie
y his had rather u contrary cTea on nv fp;rd
man that OF inducing me to proceed, as | d;d NOT