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

the juries required at that court.
Mr.. Harper. Did he direct them to be FUN
moned from the county or the town.
Mir. Marj9aM 1 have fated all that re-
member relative to the fammoning of the Jury.
Mr. Harper. Did he fay any thing of the
defcription of perfons, relative to parties.
Mr.. Marl6aN. l do not recollett that he faid
I word.
Mr.. HARPER. Did you make it practice TO
go with the judge to court every day from his
lodgings?
Mr.. MarJaH walked every day with him,
l made It an uniform practice. The Judges
lodgings We're on my way to court, not more
than twenty yards out OF my way.
Mr.. Key. When the iuhpGnas were return
ed on the I'd of June, and neither, MIR. Giles nor
Cen. MafOn appeared, was their an application
made to the court to allow further time for
their appearance?
Mr.. MarRaV. There were fome cbtervati-
ons made, but DO not recollett whether ar
tended 70 them at thattime or not; but think
Judge Chaie offered to ifIne an attachment for
them, aud left it TO the pleatIre of the traver-
Ter to fay whether he would have compulsory
proceis iiiued.
MIR. Kcy. Do you reco!Iea, fir, whether
that was applied for blythe counfsl, or whether
It wasa voluntary offtron the part of The court !?
Mr.. MnrsaN. unieritood that it was Il
voluntary offer on the part of the court.
Mr.. Harper. Did Judge Chaie confer with
Judge Griffin upon the motion for continu-
ance' and upon the rejection Of Col. Taylor's
teftwony?
Mr.. llarAaM l fat very near them, and
frequently heard them in conversation in fort
of whifper.
MIR. HARPER. Did you ever hear any part of
the conversation between them
Mr.. MaybGH. did not hear any thing diff
tlnctly but when Mr.. Bafet was fworn, after
having ftated the iituation in which he food,
judge Chafe aiked him whether he had formed
an opinion who was the author of the Project
Before Us; he replied that he had not formed
an opinion ofthe author, but be had formed an
opinion ofthe book, and had faid that the author
ought TO be purified. Judge Chafe then turn
ed to Judge Griffin, and iaid that the queNion
propounded by the council would prevent the
formation of jury with refpeet to notorious
murder, by declaring that it ought to be punifli-
ed, as every man in the county where it had
been committed might have declared that the
Perpetrator ought to be punilhed. In that
cafe there would not be in the whole county a
competent jury. Judge Chafe then laid, lei him
be fworn. do not know poitively that Judge
Griffin concurred in that opinion; but think,
from what heard, that he did.
MIR. Harper. Did this convention take
pace prior 10 the USCIaratIOn OF tie opinion OF
the court by Judge Chafe?
MIR. MarlbaU. cannot fay with certainty.
becaufe judge Chafe {omeimes fpoke without
contultng judge Griffin. do rot recolleef p
| ny cafe in which they held combination, but
that of the rejection of the tcffimonv of Col.
Taylor, and the direction that Mr. Bart.t fl,ouIo
| be fworn on the jury. He was confulted as to
| the teftimony of Col. Taylor, tu. did not hear
him declare his afIent aloud, but / took it for
granted, as it was not denied.
Mr.. Harper. With refpe6 to'the rnotion for
continuance, do you know whether the ,ieciii-
on was made after confultation with JUDGE
Griffin?
Mr.. NarRaN. do not recol,eef that anv
thing was fad on the part of fudge Griffin
but underftood that it was afented to, as it
was delivered as the opinion of the court.
Mr. -Hnrh.-- W,s there any expre Zion e,,,
the part of Judge Griffin of diiapprobation of
what was delivered by judge Chafc as the OPT
Mon ofthe court
Mr.. MaCl6aH. None, fir.
Mr.. Wiebol/on. At the time of the trial of
Calender, was it not the cufom of the Judges
to choofe their circuits
Mr.. MarNaH. believe it was, fir.
Mr.. NicboJio7. At that time, The Virginia
dlftrict was within Judge Chaie's circuit, and do
you recole6t that he faid he would not continue
the caufe till the next term?
MIR. MarA5aH. ! recolle6t that Judge Chafe
faid he would not continue it till the next
term.
Mr.. Niebsyon. Who prefded at the next
term?
Mr. MarhbaN. Judge Paterfon.
MIR. Randolph. You have fad that on the
morning when you found MIR. Heath about re-
firing from Judge Chafe's chamber, you did not
recol'ed whether the MARTIAL accompanied You
there or not?
MIR. MaybaN. l do not recollctf whether he
did or not. but the probability, as reiting on my
mind, is that he did.
Mr.. Randolph. Did he accompany Won from
the lodgings of Judge Chafe to the court?
Mr.. MarJ10H. Yes, am certain of that.
becaufe had the conversation with him which
have mentioned.
MIR. Randolph. You mentioned a converfa
ton you had with Judge Chafe on the fubieef
of the political characters ferving on the iury :;
that he wilhed that Mr.. Giles, and other gentle
men of the fame political character might ferve
on the trial of Calender; did you mention that
conversation to the MARTIAL?
MIR. Mar/baN do not remember to have
converted with him on that fubie6t
Mr.. Randolph. Were you acquainted with
the gentlemen who ferved as petit Jurors on CAL
lenders trial?
Mr.. MatBaH Yes, fir.
MIR. RanGolDb. Is there any one of them that
comes under the defcrpton Of being of the fame
a1rt,- Jch.,r, 81. L.