The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-02-22

ot2ec'i2n g. John Baact. one Of the jury, who
Wi'ssd to be executed from ferving on the fad
trial, becaute he bad made up his mind as ia
. the publication from which the words, CHARGED
; TO he liDellous i'll the indictment were extract
| ed"
In ariwer 70 this article, this Respondent adj
mi'S tnat ne did, AS one of the ailociate ;uCi-
ces OF the tupTeme court ofthe United Sta;cg.
h"!d tine circuit court of the United States, for
me dlit7ct OF Virginia, n Richmond, on Thurl-
o7y the 22d day Of Nay, in the year 1900,
and from that day, till the 8oth of the fame
month when Cyrus Griffin, tleu diRri6f iudge
OF the United States for the friGt OF VIRGINIA.
took his feat in the faid court and that dur
ing TIE residue of that fc.iion of The C,jJ
court, which continued till
| day OF June, in the fame year, this refDonJent
and the tajd Cyrus Griffin. heldtbc fiid courtto
gether. ButhOw flrauyof the othermattersc char
geo IN this article, are founded in truth or law.
VIII appear from the following fatenent :;
which he fobmits to this honorable court.
oy way of anf@er TO this part OF the acculati-
on.
By an act of CouCrefi paltd on the 4tA da,
May, 4. y. 1903, il is among OTHER .hjngq en-
acted, sc That If any perion ihall write, print.
utter or puhlii'', or iilal! knowingly and WHITING
" amir and aid in writing, printing, utterinc or
Pnolhhing, any fal!e, fcandalous, and mal;ci-
'ns writing o. writings, aglint the PRECEDENT
o' me United States, with intent to Geflme. or
20 bring h'n into contempt or d;rcpute, fuch
pcrion, being thereof conviced. fall he pu-
mined by fine, not exceeding two thouf5nd
n"AarS, and by iuDri0umcur, not exceeding
IVY" years :" and "that it any perlan AaIl be
Pto'-c"tru under tms act, It i,ali be lawful for
nun !" give IN evidence in his defence, the
lrSth OF ;he matter contained in the pIbIicati-
on CHARGED e. = iti,.l o.
'iSnt TO determine the Jaw and the fact. urde,
the direction Of tie court, rs in other caf-s !"
as ~ and by the i,!id aGt, commonly called re
Ie7H'o7 lag, 10 which this Respondent he's
IeaVe 70 refer this honorable court, will more
fully appear '''0'
Al the meeting Of the Iaft above mentioned
circuit court. this refpun.leat. Is re,,,;~.i ~,
The duties of his Office, delivered cha,pr a.
tae grand Jury in which, 2cco.l:ngto his con-
l'ant practice, and "a his duty as a iud-c. he
gave IN charge TO them, feveral acts Of Cr..--'f.
ipr Tie paniibment Of Offences. and a7n3Do
them, the aforementioned act, cilledt'e t,.,i;+;
on law aid directed the fid jury 10 make
particular enquiry, concerning a.v breaches Of
theie itatutea or any of them, within tie dic-
tn. OF Virginia. Onthe e4;h day Of IIav. 800. f,
The iad Jury found an Indictment aqaina on.
james ihonPion Calender, for rrirsi7, and
pnhihh'ng, againt the form Of ire fad M Of
Consreia, t.Ite, tcandaous, and maiic'oue,L-I I
called " The Proipett before Us,'' srr;nf .
John Adams, then PreGGent Of tie United I
ot"tes, IN his Official character rs Proficient.
IS appears " an Official copy Of che f.rdi .,,i,
ment, market exhibit No. i, which dis r. /
lP2hoeht Dogs leave to make part Of This lis /.
On Wedncfday the 2s.h day Of n, r,r,e
month, May, 1900, Philip N1.h9ne Nicbo,.s /
eiq. now attorney orur~-l 9Th. q ,..,.r ~.