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

Ger ain.
! MIR. Lee. You Fay fornebody was comnp
ont, when you went into the room. Was it NJ.
Randolph?
nj. Hratb. No, FIR. faid there might be
iomebody coming out, but whether cat of his
Ch1mber, or out of another room, am not
certain; but when | entered his Chamber, /
found him alone, and thought myfelf fortu.
nate in f. finding him.
this >?
Mr.. Heath. do not recolect.
Mr.. Lee How many days was it after your
motion to the court before you went to the
Judges Chambers?
Mr.. Heath. do not recolleet-but think
1t was few days after the bill againft Calleu-
der had been found, and he had been arreited:
but as to days, hours, and minutes, l do not
pretend &c recolletf them.
Mr.. Lee. Am to underfand that it was az
ter Calender appeared in court?
Mr.. Heath. do not fay 70. II was afr,
Calender was brought forward by the MARTIAL,
and true bill found. think it was immedi-
ately after; but l do not recolleSt whethera
day or two after.
Mr.. Lee. Did you go to Judge Chafe's Cham
oers on any buiinefS more than that one time j.
MIR. Heath. No. never did more than that
one. time.
Mr:'Cb4ye. 1t was with the motion?
Mr.. Heath. Yes, fir, it was with the motion.
Mr.. Randolph. Did you at any, and at villa
time, mention this circumstance, and to whom
did you mention it?
Mr.. Heath. As foon as it happened. conf
dered the conversation improper, and thought
had right to relate it, rs l did not Witt him
as friend, but as Judge in Lis judicial character
to perform the duties of his Office, and on buff
neiS which might have been done in open court
az at II, 4 -.
MIR. Hugh Holmes, alfo to MIR. Meriwether
Jones.
MIR. Randol5b. Do you mean MIR. Holmes,
the preient Speaker of the Houfe of Delegates
of Virginia.
Mr.. Heath. Yes fir.
FIR. Randolbb-You fate that you mention
ed it TO Mr.. Holmes and Mr.. Jones-Did you
mention it 20 any body ellie?
Mr.. HEATH was 70 much imprefTed with ii,
that 1 mentioned it to feveral others.
Mr.. NicbOJon. Did you fay you made this
communication to thofe gentlemen Immediately
after the conversation occurred?
Mr.. Heath. On the very day, and within an
hour afterwards; and | have lince mentioned IL
frequently to others; never have kept it a fe-
cret.
Mr.. Hapki4lon. Was this conversation ON
the day of the trial Of Calender, or how MANY
days before?
MI r1e"O. 90 not recollect whether CAL
lshueT vas tired that day, mentioned yefter-
day that did not attend the trial.
Caefion. Did you make your motion ar the
fame term that Calender was tried?
Mr.. Heath. Yes, fr-There were intervals
IN IN winch motions were made by the council
During one OF theie intervals made nv mott
on Tor an inlunction--Callender had not then
been tried; do not know that when I made
the motion the MARTIAL had returned with Cal
lender, but made 1t the day before went TO
the Judges Chambers.
Mr.. NieboJon. Was the conversation before
the emPanneIling of the jury in the cafe of CAL
lender?
Mr.. Heath. Yes, iir-The MARTIAL carra :,
during the time was in conversation with the
Judge, 1t appeared to me, to flew the Tpdce
what kind of PANEL he had.
AT the regueA of MIR. Harper, and with ~.
content of the Managers, JOHN BASSFT. =
witnefs on the part of Judge Chale, was ryorn
and examined, IN coniequence of the peculiar e.
tuatlon OF his family requiring his immediate re.
turn home.
MIR. Harper. Relate the circumstances tha,
took place relative to your being fworn on tbe
jury, on the trial of Calender, and what the
application to the court was on your behaIf5
Mr.. BaDet. The circuit court of the IJn;te4
states at winch James t. Calender was prefrnt-
~ "'id iHuiStNu iOi HOSi, was held on Mon
day the ID or sd of June. I left home in the
morning and arrived in Richmond as early as
might be expected. On my arrival Ev Ia.
vid NJ Randolph, who was Randing at a corn.
er OF a itreet; perceiving me, he came towards
me; before alighted from my horfe. he in
formed me that | had been fummoncd as
grand juror, and that for not appearing, I had
been crofIed, that it was my duty TO go 70 tb..
court and juitfy myfef for nv abfe9ce. tbst
he irmmoneh me on the petit Jury for the trial
OF Calender, and that my ierving in tl,st ca
pacity would he an apology for nv previons
abience. preiented myielf to the court. but
the trial did not come ON that day. The Gecord
day attended ALTO. ! knew very well that m.
law under which the trayeher was to be tried
was odious to my feow-citizens; I kne,y IL
was conceived to be a great oppreflon to the
liberty OF the iubjett, and believed that great
umbrage would be given to the MATS Of the
people by tboie who ihould undertake TO eye
cute that law. was weak or wicked enouob
to be among that clafs of people called feder9l-
ITS, and did believe that the law (feditiou law
was conitiiutional. felt myfelf bound when
called on TO be juryman, to make a declar,ti.
on of my political f.ntiments. Imade This dc.
cIdration TO relieve the impreiIion on INV own
mind, and not in order that it ihould be conf.
dered that declined, in couiequence of nv no
litical opinions, to ferve on Calender's trial ~,
in any other cafe. thought it pofible that
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