The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-26

they are permitted to addrefs the Jury on the
law and the fact; after which the council for
the fate concludes the court then ftates the
evidence TO the jury, and their opinion of the
law, but leaves the deciiion of both law and
fact to the Jury.
To another interrogatory of MIR. Martin as
to the practice of the courts, MIR. 9Ilgkwau re-
Piled. That council generally take that COURT.
which they conGder beft calculated to benefit
their clients. In capital cafes, he did not re-
collect the court topping gentlemen of cha
raeter in any courfe they thought to adopt.
Mr.. NieboJon. In your practice in Pennfyl-
vania, or Delaware, where | underfand YOU
have practiced, did you ever hear the court un-
dertake to inform the jury of their opinion of
the law before the priioner's council had been
heard.
Mr.. Tlgbman. 1 do not recolleStI ever
did.
In anfwer to aqueition,
MIR. 1Hgbm0n faid, in the c..arge to the Jury,
the contents OF the paper containing the opini-
on OF the court, and which had been withdrawn,
were never alluded to nor in the leaft alluded
to when IT was thrown down or delivered.
MIR. NicboJon. You have itated that the o.
Pnon was not read to the jury. | ak whether
when this paper was laid on the table the ury
was fworn
Mr.. TiLghman. No. They were not fworn till
the next day but one.
Mr.. n iehoJNon. Were the general PANEL then
in court?
MIR. 7iiebman. According to my recolIeeti
on the general Pannel attended with great pune
tuahty. this morning looked over my notes
and took down thofe that were challenged bv
Fries, and thofe that tried him, in order TO af.
fit me in making my challenge in the cafe of He
any and Getman. But do not know that T
then faw the face ofany ofthem. 1t is proper
to tate that the common jury as foon as the
court is opened generally walk forward into
the jury box, which holds only eleven, chair
being placed for the twelfth. The other ill.,
rors take their frats behind thofe in another box
or remain in the hall the court
Mr.. Nicboyon. The Judge declared that
the council for thu prifoner might proceed at the
hazard OF their characters?
Mr.. 7Ilg6naan. think thofe were the words
he uGed.
Mr.. Miebolon. Were the general name,
at this time, in Gtuation to hear what was
faid /?
Mr.. 7ilgbman. Certainly, fir, this was on
the fecond day.
MIR. Randolph. Before this written oDinion
was handed down, did not Mr. Chafc, or the
court declare that the queftion of law had
been fettled in the cafe of Vigol and Mitch
ell.
Mr. 7ilgbman. On the trial of Fries they
dld cite this Gale and rely upon it. If the court
VIII indulge me can turn to my notes. Judge
Chate itated the opinion of the court in his
charge to the jury TO be the fame as in the cafe
of Vigol and Mitchell.
Mr.. Randolph. Did he fay that the opinion
in the cafe of Vigo and Mitchell was the opini-
on contained in that paper?
Mr.. 2Hsbman. | do not remember. Manv
things might have happened, of which have
no recollection as l did not take notes at the
time.
MIR. Campbell. How many of thoGe papers
were thrown down or given to the clerk /?
Mr. 7ilgbnt0n. I cannot fay with perfect
certainty. Butt ftated before that one was
handed to the attorney of the difria, another
to the council for the prifoner, and the third To
the jury to take ont with them.
Mr.. Campbell Was there iufficient time be-
fore the papers were withdrawn, for the Jurors
or other perionS to have re ad them
Mr.. 7iigbman. / Gated before, that the
court rofe between twelve and one O'Clock.
The jury were not in lituation to have accefs
to the bar table. After the paper lay for fome
time, feveral of the bar employed themfelves in
copying it have no recollection that any
one OF the papers were handed into the Jury
box.
Prefdent. At what hour were thew with
drawn?
Mr.. 7Hgbman. think on the fame dav, it
was between one and two O'Clock, that the diff
trict attorney called on me. am pretty GER
tam that the papers thrown down were not
taken away, but remained in the hands of the
court.
Mr.. CamP6eN Can you fay how many copies
were taken?
Mr.. Tlgbman. Not precifely. took one,
and MIR. Thomas Rofs another l believe we
copied them at the fame time. But I do not
know OF my own knowledge that any other
| perion transcribed them. Now recolleet, /
thnk law one or two others alto taking CO.
pies.
Mr.. CAMPBELL Do you know whether all tbofe
taken were withdrawn
Mr.. 7itgbman. do not. only know that
my own was withdrawn.
Mr.. NicboJon. Did you hear the fnh;e6l
iPoken of generally that day?
| Mr.. Ifigbman. Thofe who copied the paper
| iPoke on the fubject to each other.
| Mr.. Nfebo5l1n. | ak whether it was a fllb-
ject of general conversation
Mr.. 7itgbman. Very much 70 among the
gentlemen of the bar.
| MIR. NcboJon. You have faid that tits = uGi,.
| al thing IN the courts of Pennsylvania for the
Judgeto charge the jury after the council or
both hdes have fpoken. Do you recolleq r.
nave 1een court reduce their charge to wri.
ing, and gveit to the jury?
| Mr.. 7iigbman. Never.
| ITO be continued.