The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-11

Mn. Rardoibb. During the courfe of that
trial, pray, FL, tell the court were the Interrupt
tions of the council for the traverfer more fire.
quent than you have been in the habit of witnei-
| iing?
Mr.. Mdr6aH. Ihave rarely feen trial where
the Interruptions were 70 frequent.
| Dir. Randolph. Do you remember Jingle in
ftance:
| Mr. MartbaN. think in trial where Judge
| Iredell pre6ded there were Interruptions which
were as frequent, ifnot more frequent than took
| place in the courfe of this trial.
! Mr.. Randolph. Do you recollea any thing
difreipectful on the part of the couni,l towards
the court on the trial OF Calender?
Mr.. Mar2aH. One of the council, Mr.. Hay,
appeared 10 be under great deal of irritation
during great part of the trial.
lhr. Randolph. Did you perceive any cauft
for this
Mr. hoc6aX The court were very poG.iye
that the Jury thould not be addreIcd by the ira
verier's council on the confitutionaiiy of the fe
o,t'on law, and whenever that point was touch
ed oy The council, there was as much dcci,ion
flown by the court as ever witneaed.
Mr.. Raadoibb Was there much mirth among
. the bye flanders?
Mr.. MagbaN There was good deal |
cannot lay what gave rife to it, but II was kent
l
was extremely facetioHs during that part of the
'riai which particularly attended TO, but was
nor very attentive TO the trial till that morning.
| Nr. Martin. What was the caule of the in
terruptions?
Mr.. MarhsaN. 1t was the council pcrGAipg
IN addrefling the jury on the confitutiona!.ty cl
me ieditlon law after the court had declared,
wnat was their opinion ofthe law on that point :
| mr. Kanaoip6. Do you recolleet any part
U &c tfa.l1 a.
! ieet? ''''' ''''
MIR. MagNaN. Iheard Judge Chafe fay that
| the council for the traverfer were miitaken in
| their expedition of the law, and they kept pref
mig tnelr INTAKES upon the court; he rsid 60
once, if not oftener.
Mr.. Harper. You FAY, fir, that there was no
gentleman on the petit jury ofthe fame political
opinion with Mr.. Calender or MIR. Giles. Do
you mean on the jury that tried Calender, or on
the PANEL?
MIR. Mas0aM On the jury that tried calen-
der.
MIR. Harper. Were there any on the pannel
MIR. MaylbaN. There were colonel Harvie
Mr.. Radiord, and Mr.. Makes Vanderwal. Mr.
II"FVie was called very early; and Mr.. Mark
'"hherwall out 1t appeared to me that there was
great unwl!llDgneis on the part of thofe gentle.
men to be on the jury to try the caufe, and fever
al Applications were made to have them executed
Mr. Ha'Psr How did it happen that mons
of thoie gentlemen ferved
Mr.: 1iay60M Mr.. Harvie fuggened that he
was iherif of Henrico county, and that the
county court was fitting at the time that hi
Preience was required, aud on that ground the
court excuied him from fcrving on the Jury
me otEer two gentlemen did not attend at all
Nir. Harper. When you faid that the con
fu'lon on this trial took place, from the coun
les, preiing their opinion on the Jury, 70
underitand you as laying that it was after the,
(the counie) had been over-ruled by the court
A1''. 0darl5aH. 10 undertood it, l did moi
perceive any other caufe
Mr. HHrPeT What took place on the mott
on TOR continuance. The affidavit filed. f..
ted, that the traverfer could not produce hi.
w,tneies did it hate that he could prove ;
publication as to al! the charges in the ind;e
ment /?
Mr.. May5aK No, Sir, not that remem
Der. but the affidavit is here on file. 1t wa
ftated by Judge Chafe, that there were 10 char
ges IN the Indictment, and that it was necetIar,
Ior tne traverier, IN order to procure his acquit
'a,' 20 prove the truth of the matter in the
| whole !; 1t was not fuificient to prove dozer
or more of them to be true, If he could moi
prove them all. It was not fufIicient to prove
part of the whole of any one charge
tor example, fuppofe a man fhould charge me
with being great fcoundrel, a rogue, and :
very ugly fellow, and he fhould prove that
was very ugly fellow, would that go to acouit
hln tor having called me fcoundrel or ARGUE
Cam part proven in this way be fad to be a
Qualification
Mr.. HaEeer. Was this remark made by
Judge Chaie in good humour?
Mr.. MarBaH. / thought him in remarla.
BILE good humour
MIR. Harper. You fay judge Chafe was poii.
tive. Was he harlh towards the counftl of tle
traverfer?
! Mr.. MarbaX. did not think 20. Iremem.
Der that he faid, his country had made him a
Judge, & he would be the Judge on the buff
neis of that day, and whatever was tranfacted
ihould be under the direction of the court. He
laid ALTO that he was frail 6, feeble man, and
that it was pofiible he was in an error in ref
Peet to the opinion which he entertained of
| the law. IF the gentlemen who diilented from
his opinions would form bill of exceptions. he
would be the frft man to allow them writ of
error TO go into the iupreme court of the United
States, hyperion tribunal, and have there his
| opinions tefted.
| /I~o he