The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-13


council bjett to the legality Of an opinion given
by the court to hear the arguments of council
againft fuch opinion:
lIr. MarlbaN. If the council have not been
already heard, it is ufual to hear them, in order
that they may change or confirm the opinion
of. the court, when there is. any doubt enter
tanned. There is however no poiitive rule on
this fubje6t, and the courfe purified by the
court will depend upon circumstances; where
judge believes that the point is perfectly clear
and fettled, he will fcarcely permit the quefion
TO be agitated. However it is coDiidered as
decorous on the part of the. judge to hlten
while the council abfain from urging unirnpor-
tant arguments.
MIR. R9aaaipL. In the Circuit courts of the Unit
ed States after circuit opened for any diitriGt
it the praafe of luch courts to adjourn over from
time 20 time, in order TO hold in another diff
tric in the intermediate time, and then return
back or is not the uniform prattile to poGpone
les when they cannot be conveniently tried the
term
Mr. NareaA. can only fpeak of courts where
have attended in which the pratte is, that the hu-
ineis of ihall be gone through far poi
libe, before any other court is held.
Mr. Raniolbb Was it ever the pracfife of any
court in which you have pratiifed preGded
pei council to reduce writing the queftious which
| they meant to PROFOUND to their witnsiies
MIR. MarjSaN. 1t has not been ufual but in cafes
oi the KIND, the CouuC OF the court Will depend up
on circumstances. If queGion relates APPOINT of
law, and is underood TO be All important queton it
might be proper to require that be reduced writ
ing. Unlefs there is iome ipecial reafon which ap-
pears to the court, the requeit of the adyere
council queitions not commonly reduced to writ
ing, but when there is ipecal reaon in the mind of
the court, it is required by the oppoiite council
queltons may be directed to be committed to writ
ing
| Mr.. Randcipb. When thefe queffions are reduced
to writing it is for fpecia reaion, is after the.
court have heard the queition, and no: before the
quefton has been propounded?
Mr.. MaJ5aA. never knew it requelted that
queftion fhould be reduced writing i'll the frit in
itance in the whole eourfe of my practice.
| Mr.. Ran4Oipb. am aware of the delicacy Of the
queition am about to put, and nothing but duty
would induce me TO PROFOUND it. Did it appear to
YOU fir, that during the eourie of the trial. the con-
duct of Judge Chaie mild and conciliatory /!
| Mr.. MayfbaR Perhaps the quefion you PROFOUND
to ME would be more correct, if were afked what
his conduct was during the courfe of the trial for
feel Tome difficulty in itang in satisfactory
to my own mind, any opinion which might have
formed; but the fa was that in the progrels of the
triatsthere appeared lome-
Mr.. Coete, "a Senator) here interrupted Mr. Mar
hail, by obferving that he thought the quefion an
improper one.
MIR. Rsn1opb faid he would not prels it, if there
were any objection to it.
| MIR. Harper We, fir, have no objection we are
willing to abide in this trial by TIE opinion OF the
| chief uitice.
Mr.. Raaaoleb. Did YOU ever, fir, in criminal
proecution, know witreis deemed nadmiilible be-
caue he could go particular length in his teffi
mony, becaufe he could narrate all the c;rcum-
| ttanoes oi the crime charged in indictment, or in
the cafe of libel; and could only prove part of a
particular charge, and not the whole ofit'
| Mr.. H1ayseA L never did hear that objection
I lHa krrf III
! Some enquiry was here made relative to the above
9uettion put by Mr.. Randolph, and objected 70 by
Mr.. Cooke, which Mr.. R. anfwered, by obierving
chat he withdrew ii.
! MIR. Harper. Pleafe inform this honorable
court, fir, whether you recollea that Judge Chafe
pott the trial of Calender, and you do TO what
| time
| Mr.. I1a,yeaM recoea at the time a motion
made for the continuance till the next term that
judge Chaie declared his opinion, that it ought to
be tried at the pretent term. good deal of CONVEX
iation took place tie fubjea. The council for
the traverer fated fevera circumstances in favor of
their client, particularly relative the abence of his
witneies; but the whole terminated at that time by
polfponement for few days; 70 many days. as
1.thought at the time, fufficent for obtaining
the wtneffes refidng in Virginia. do not now re-
collect what the time was do fay it was fulfil
Gent. fmPly recollect that I thought it was
When the eaule again, there was no propo-
iition that recoe9 on the part of the traverfer's
council for continuance but deire was exprened
of ponponement for few hours, in order to give
their wtnelies time to arrive at Richmond as it was
Poible they had been mpeded by the badnefs of the
roads comfortable quantity of rain having fallen
| the preceding day. There declaration on the
part of the that they might take until the next
day, and they.wcnt on to fly that they might have
longer time, if they thought it necelary, but
the Precfe length Of time offered, do recolIe6t
but do remember that they faid the trial NUT come
| on before the prefent tenn clofed
| Mr.. Harper. Is it the practice of the circuit
courts to hold adjourned court and sit no, in the
power of the circuit to adjourn the jury, and
direct them to meet again at iome fibequent time
Mr.. D1ayjgaM That is queGion Of law have ne
turned my mind to-
| Mr.. Ha,ber DO you know an inaance in which
| it has been done
Mir. MaJgaR. do NOT know any infance in
| which it has ever been done
The Prefdtnt. Do you recolecf whether the con-
duct of the judge his trial was tyrannical over
bearing, and oppreiIVel
Mr.. Iday6oH. will fate the facis The coun-
fel for the traverler perihed in arguing the queii-
Of the conlitutionay of the fedition law in which
they were eonRantly reprefed by Judge Chafe
Judge G. checked MIR. Hay whenever he came to that
point, and after having relited repeated checks, Mr.
Hay appeared TO be determined abandon the caufe