Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1805-04-26

,ions, and tended to impair the public
confidence in. and respect for, the 1r'-
bunals oil iusnce, 80 essential to the &C.
AerAl welfare"
That this honorable court NAV be a.
bic to form correctly its judgment cons
corning the transaction mentioned 10
this article, this respondent submits the
following statement Of it, whit he AYERS
to Be true. and expects to prove.
On the 9Th day OF June, 1900, this
rr.pondt Mt, as one of the associate u.s.
tice. Of the supre me court of the United
States, presided in the circuit court OF
the United States, then held at New Cas-
tie in and for tn. district of Delaware,
and was assisted BY Gu"nIng Bedford,
ESQ. then dis,ric, Judge of the United
States for that district. At the opening
Of the court on that davt this res Pond'n,
according to his duty and his uniform
practice, delivered 81 rge to the grand
Jury in which ne gave ! charge TO them
several statutes of the e ited States, and
among others, an act Of ongr.s. passed
Iulv I4th, 1898, entitlAd " An act in
addition to an act for the punishment OF
certain crimes sgAinst the U. States"
and com n only called the seditioR
law" He directed them to enquire con-
cerning any breaches of those statutes $
and especially Of that commonly Gale d
the sedition law, within the district Of
Delaware.
On the same dAv before the usual hour
ofadjournment, the granl jury came in :
TO court, and informed the court that
they had found Indictment or present.
ment, AMI had no business before them,
for which reason they wished to be dis
ch,rged. This respondent replied, that
1t was earlier than the usual hour of dis
Oh 'rginga gran jury ; and that business
m ght occuI during tn: sitting of the
Court. lie ais A,krI them il they had
=" inform alton Of pu ,hcAtronS within the
district, that came under the seditioa
law, and added, that he had been in
formed that there WAS paper called the
Mirror" published at Wilmington,
which contained libellous charges az inst
the government and president Of the u
nlted States that he had not seen that
PAPER, Nut it WAS their duty TO inquire
into the subject; and it they had not
tu'nsi thtlr attention to 1t, the attorney
for The ,llstr / would be pleased to exa-
nrne = ftt OF tina paper, and IT he fouAd
aIv thing thn "a ne within the sedition
law, wolII lay IL b-fDre them. - This
IS the sursttn:c OF what tbs rr<7on lent
san to the grand jury On hat . tA4lon,
AMI he believes nearly b.. W. rt>. On
tue m 'rntn5 III the n=xt 1Av. the came
int, .our; A. declared that thy had no
pres ntment or InuIct mentS to make,
On whI>h tne< were Immediately dis
ehrged. Inc whole ti.n- therefore. for
which they were detained, was tWentv-
four nouns, Tar less th4a is g:ner-iIy re-
qulre OF grand Jurtes.
In these proceed nS-, this res2nn lent
acted atCNr lIn5'o rs s-ni= OF WI 1t the
d1IeS OF ms othIe rcqAIre1. 1t certain.
" was his duts to give III charge to the
grand jury, ali sp>h statutes OF the Uni.
te1 States as provi lei fer the punish
m mot 0tttnlrs, AMI among olherI, that
called the se'lItIOn act into all offences
az INST viii h act, while it continued in
force, the grand Jury were hounl bv
thvlr s,.ths to inquire. IL giving 1t in
ehIrg:, together with th- other A,u Of
congress ior th7 pun,snm- at OF OF -nyea,
h L'AD"ed narrower tn: example Of the
o'her> u lg-s of III: sIDrem- coArt, IN
h''IlnS their reS3ettiv- ,lrcult eourts.
H also cOatenIs, and did thsn believe,
Oh It it was hi, dltv. whcn informed of
IN oHznce, viii h the grand jurr had o.
verIo1krd, to direct therr attention to-
wArls it, AMI to req lest for them, Aad
even to require If necessary, the aid of
the d'sul<t attorney in making their IN
qlirIss. In thu. dischIrg'ng what he
conIeIvcs to be his duty, even ifhe com.
mI'ted an error in 90 c"nsi lcrins it, he
denies thhth. committed or could COM
NIT any offence whatever.