The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-04-19

been dfculied IN the Pennyvan diitrict was when
Mr.. }ay preiided. On fome occaion, which do not
remember accorded with the views Of the court
adjourn for few days, perhaps week AT fri |
was inclined doubt whether this could be done. Mr..
Jay and MIR. Peter. called upon Gate my ideas,
and deired me eonGder the cafe and look a, the
a6s of Congress. The next day gave it my opini-
on that the court had light adjourn the length
of their FELTON, not limited by law. Mr.. Jay aud
Mr. Peters were of the fame opinion but what took
place do not recolle9.
reeollca in 1895, at the trial. ariling out of the
Weitern niurretion, many Of the trials lated till
o'clock in the morning, and that in inance the
court adjourned from the 10th to the sth of the
month. recollet9, another inRance, when Judge
Chae preded where the nfance of the bar an add
journment took place until the fri Monday in Ausu
and that the court met that day. and did Tome chancery
buineis.
Another nfianee in which the queition wa, difeuf-
fed was during the trials before Judge Iredell arng
out of the Northern inurrsstion. Mr. Iredell then
Thought 1t the fafeh way for him the
At 10 O'clock and adjourn the from day day,
rating however that he did not know that this
cefiary.
The next nftance recolea was in the year 1904,
when judge Warrington preiided, when, at my in
tance in conlequence of large bodies of land having
been ordered to be fold, the court adjourned from
May to Tome day in July. do not recollea any O.
the inftances.
Mr.. Harper. Do you recoll.tf an adjourned court
being contemplated to be held in January!
A. do. Judge Warrington agreed with Judge
Peters, if the yellow fever fhould the ufual
time of holding the court that the latter hould open
and adjourn the court-But the calamity not occur
ring that year, there neceGty for the adjourn
ment,
Mr.. Ranaoi9b. Did not the firft cafe you mentioned
arie from Mr. Jay having been appointed an envoy
extraordinary
A. do not recollea.
Mr.. Hsp&isoa. Is it not the invariabe practice Of
the court of common pleas do every fpeces Of
mon bufinefs at An adjourned court.
A. OBSERVATION-DISCLOSURES period Of the adjourned
court is regularly fixed; and all the jury trials take
place at an adjourned court.
Mr.. Haypr faid that he confderedi it his duty do
juifice to agentleman (1r Nichoas) to ~!ofe temo-
ny he had alluded in his remarks opening the de-
fence. He had ated that it could be proved,
ry to his teimony, that he had himielf ued capi-
as in particular cafe He had fnce infpeaed the
cord, and found that it did warrant the Inference
Mr. Harper then faid that to thew what was the
practice in Virginia he would call MIR. E. Lee.
EDMUND LEE called.
Mr.. Harper. Pleafe to inform the court whether
you acquainted with the criminal practice in any
and what parts of Virginia.
A. have been practitioner Of the law for about
nine years. My practice has been confined to the up
per court in three counties, and to dri6 court
have never appeared in the character of public pro-
iecutor but generally in defence of the accued In
preentmcnts for offences capital, and proecut-
ed by way Of indictment, is fIue luminous There
are tone offences, which according to the laws of Vir-
GINA, are tried foley by the without the inter-
yention of ajury-fuch neglea of duty the high
way, profane fwearng, iabbath breaking. When the
grand jury Prefent offences of this FORT the penalty
tached number of which does not exceed five dol
lars, luminous ifiues aganft the party appear
the court and on his appearance the court e1-
anime him and proceed to Judgment.
There ALTO fome offences which may be profe-
cued before the ditrct court, when the penalty does
not exceed--. In the1e cafes the ALTO pro-
ceeds to Judgment without the intervention of jury.
There are other offences foley profeeuted by way
ofinforspation. On apreientment by agrand jury.
luminous iflues.
never known luminous aganR perfon to anfwer
An indictment for any offence. The practice in the
in which have had location attend is this
when the party is proceeded againG by indictment,
the attorney for the fate tends the indictment to the
fame grand Jury that found the preentment-they re-
turn it true bill and capias is then ifued.
Mr.. Harper, Then the diftinefion is between in
diaable offences, and thoe founded preientment or
information
II. Yes, fir.
Mr.. Harper. 1underlfand you to fay that it is the
pracce TO ue capias in cafes as low anault and
battery.
II. In the county courts.
Mr.. HarSer Do you recollea quelion lately
made under the law of Virginia in the diltria of Co
lIinba.
Il. Yes, fir. in the diRria court for Alexandra
it has been determined on argument that capias isthe
proper procefs all indictments & MIR. Maion, who
has for fome years Proecuted the part of the Uni
ted States has in all cafes for aaut and battery ued
acapias.
Mr.. Harper. And this under the law Of Virginia |!
II. Yes, fr--the laws of Virginia are by act of
Congrefs made the law for Alexandria.
Mr.. Ler. Is csPias the mode of procefs for milf
denieanors ufed in Virginia
H. That is either uied, or warrant.
Mr.. RaadOip5. with TO knew whether it is regu-
lar to take the profefliona opinions of witnefIes1
Prsideaf Gentlemen enquring into the prac-
tce.
Mr.. Lee Is capias the uual mode OF procefs
for arreiting offenders for midemeanors
A. never knew any other mode
Mr.. Randoipb. You have mentioned that it is ufu-
al for capias ue indictment. Did you
ever know oapias to iiiue prefentmentl
A. have not when the purhment is only fine.
MIR. RaadoiSb. When a capias ifiued in the cafes
you have mentioned, when was it returnable
A. To the court.
Mr.. CLARK. Where bail is required, is it not the
practice take the engagement of the attorney in
dead of iecurity