The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-11
IMPEACHMENT OF JUDGE CHASE.
FRIDAY, Feb. Is.
WILLIAM MARSHALL Eyorn
(Coa.inued.)

MIR. Narihal!. Judge Chaie arrived III Rich
mond, but whether on the Cit or 22d of May,
do not recollea; but my imprcfiion is that it
was Tuefday. | waited on him, as was ufual
with me, and gave him information rcfpeang
the fate of the docket. The Allocate Judge
did not attend on the o2nd. VIXEN the court
was opened and the grand jury received their
charge. They went to their room, and did
not return till Saturday the oath of May when
they returned prefentment againft James T
Calender, which / have. The original pre-
fentment was produced by the witnefs, read, &
delivered to the Secretary.
As foon as had read the prefentment, at the
requet of the attorney of the ditrict the jury
were taken back to their chamber, and pro-
grefs was made in preparing the indictment.
There was fomc conversation between Judge
Cha(e and Mr.. Mellon which lated for a few
minutes. Judge Chafe enquired what was the
proper procefs on the prefentment. The an
fwer which the difriet attorney made was that
he fuppoled capias was the proper proce;s.
recolled that judge Chafe faid fomething of
bench warrant, which was practice unknown
TO us. Judge Chafe aiked me TO draw the war
rant. I faid 1 could rot. He then faid he
would endeavor to draw it. Afterwards Judge
Chaft deGred the diftriGt attorney TO draw out
the form of capias--the Judge iad he would
draw one himfelf, and that might draw out a.
mother: and he faid Re would take the mott ap-
proved of the three. ! recolle6t mine was drawn
6rlt but whether before judge Chafe and Mr..
Mellon had hniihed theirs, do not recolieet.
On looking over mine, ne faid he was better IA
tisfed with mine than his own and he reuueft-
ed me to fign, feal, and deliver it to the mar
fhal.
Mr.. Marfha l! here produced and read the o.
rieinal capas.
On Saturday the oath of May, in the after
noon, the grand jury brought in the indictment.
have taken thefe circumstances from COPY OF
the minutes of my Office, which if the court
with to fee, can produce as have them with
me. Judge Chafe alone formed the cour. from
the oend to the Goth of May inclufive. On the
9th of May the Marfhal brought Calender in
to court. judge Chafe being at that time the on
ly member of the court. A chair was handed
to him, and he remained in court while the
court proceeded with the docket in the uiual
way, until near evening, when Judge Chaie OBJ
ferved that as the traverfer was in court, he
might perhaps have iome application to make
1 do not recollect whether the council after.
wards employed for the defence OF Calender
.sss : then ~ court but i they were trey
made obiervations. But Mr.. Meriweiher
Jones, with whom Calender reiided, faid that
Calender was not hen prepared to-make any
application but that perhaps tomorrow he
would move continuance. Then Judge
Chaie applied 10 Calender, and aiked if he
could give bail. Mr. Jones replied that he
could give bail IN moderate fun. Judge Chaie
atked Calender what were his circumstances
that in fixing the fun, he would be governed
by that crcunitance. Calender faid they were
nearly equal. The judge repeated the quelt-
on; and then Calender iaid he was indebted a.
bout two hundred dollars, and there was
about rs much due to him which he expected
to receive; and therefore he did not confider
himfelf worth any thing. Judge Chafe then
aiked ifhe could give bail, himfeIf in two hum
dred dollars, and another in like fun. The
reply made by MIR. Calender or MIR. Jones, was
that he could End bail TO that amount and he
accordingly gave bail. On the 2sth May an
application was made by MIR. Hay-this was
the firt infance in which MIR. Calender took
any teps for his defence. Mr.. Hay ftated that
he was not well acquainted with the practice in
fuch cafes that he had an affidavit, of gene
raj nature, Rating the impoflbility of going in
10 the trial, with any proipe6t of iuccefs, with
ont the attendance OF number of wtnefies
who lived at great ditance. MIR. Hay alto en-
quired whether general affidavit was fufIci-
ent, or whether a fpecial affidavit, ltating the
names of the witneiIes and the facts they were
expected to prove, would be required. Judge
Chafe faid that the itr6t practifc of the law re-
quired fpecal affidavit but they might take
till tomorrow to prepare fpecia affidavit :;
fuhmitting it to their difcretion to manage the
cauie as they thought proper. / beg pardon
for being a little too hafty in my narrative
When Mr.. Hay offered his motion for a con-
tinuance, the court laid that before they could
hear the motion it was uecehary that the traver-
fer ihoud plead to the indictment. For if he 4
pleaded guilty, there would be no necefIity for
fuch an application. Mi. Hay aGured the
court that the traverfer would not plead gull |
ty. Mr.. Calender was arraigned and he plead |
cd not guilty--and then the conversation,
which I have fated took place. The reply
of fudge Chafe was, after a general affidavit is
made, it mutt be relied on, but you NAV with, |
drAwth general, & file fpecial affidavit. No |
thing further paiied on the 29th. On the eoth in
the morning, Mr.. Hay produced fpecial |
affidavit have the original here. 1t is |
Rated therein that there were number of wit |
nefcs one from New-HampGbire one from
Maliachufetts, forpe from Penufyvania, & fome
from South Carolina sbfept, who were mate
rial witneGes for his defend thatthere ere alfo
fundry documents necehary to be procured
and IN eflay written by Mr.. Adams on common
and feuda law, which the traverfer fuppofed
it important TO have for his defence. Mr.. Hay
on thefe grounds moved for A continuance TO
the next term, III pretty long fpeech. Judge
Chafe obferVed that every perlon before he made
publication, if he meant to jUfify IT., ousht TO
know the names of his witnefes, and if he meant
to jufify il BY documents, thy oiIght 70 have
been vii hin Lis reach. IL was nor fo he prc