The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-03-30

that opinion quoted feveral authorities that ia
tished my mind. The Judge was peaied TO tell
ne, was mifaken in my application of them |;
but do not remember his precife words. He
laid the word "tenor and effect" did not oblge
the proiecutor TO give more than the fubitance
ofthe paper meant TO be recited. II is contend
81, flid he, that the book ought to be copied
verbatim ct Hferatim, wonder, he continued,
fbey do not contend for pnnHuatim too.
Mr.. NieboLion. Was this obfervaton addref-
fed to the bar
Mr.. Hay. 1t appeared to me to be intended
for the people; for he looked round the room,
when he faid with a farcaitic fne, wonder
they do not contend for bt1n9nafim too. / re-
collect alto, that when Mr.. Writ, who was az
fociated with me as council for the traverfer,
was addreiiing the court, he was ordered by
judge Chafc to fit down-in this precfe Ian
guage, TT dozvn. The Judge alto declared that
the council on the part OF Calender ihoud not
addrefs any obfervationS to the Jury concerning
the I'M conititutionaty of the fecond fiction of
the fedition law, in reipect to proiecutons for
hbellous publications.
Mr.. S. Smith, at this ftage of the examination
OF the witnefs, moved an adjournment of the
Senate to their legislative apartment.
The motion not being agreed to;
Mr.. Hay proceeded ;-When MIR. Writ was
arguing from proportion he had laid down,
he faid the conclnGon which followed was per-
feety fyllogtical. The judge bowed to him in
manner Icannot defcrbe, and faid {" Il non
(sqWtw, fr." do not remember any other ex-
Preiiions ufed by the Judge calculated to deter
the council from proceeding in the defence of
J. t. Calender. But dc remember that / was
more frequently interrupted by judge Chaft on
that trial, than have ever been interrupted du-
ring the 10 years have praaiced at the bar.
do not fate how often was interrupted, be-
caufe do not recollett {; but know the inter
ruptions were frequent, and believed them TO
very uHneceiiary, not only as they regarded
myielf, but the council who were aliociated
with me lii the defence.
Mr.. Randolph. In your tehimony you have
laid thar during the whole cnurfs of the trial
you never once heard the voice of Judge Griffin.
Were thofe replies and thofa decilions, which
you have detailed, given by judge Chafe appa-
rently without any confultaton with Judge
Griffin?
Mr.. Hay. tated that I did not hear the
voice of Judge Griffin but / by no means
meant 1t TO be inferred that judge Griffin was
not heard by any other peri 'n-Judge Chafe's
manner OF delivering the opinion of the court
was generally this after having topped, or
interrupted the council for the traverfer, bv
telling them to fit down, or that they were milf
taken in the law-Some times, but not every
time, he would look at Judge Griffin, who Cat
upon his left hand; and turning to the bar, and
10 tue duuieHCc, nc WouIQ lay, fNch is the
opinion of the court----I think alto that I
faw them fpeaking to each other, but not in
1uch manner as if they were coniulting upon
quelton of law.
Mr. Randolph. You faid that the oueftion
propounded to Mr.. Baiiet, and the other Jurors,
was, Go Have you formed and delivered anv o.
Pnion as to the charges contained in the ind9-
ment. Are you certain that the exprefIion
was &c formed and delivered %
W.. II
am of any thing that ever occurred in the
courfe of my life. have faid that my memo
rY at beR is not good one but fome of the
occurrences on this trial were 70 iingular and no.
vel, that they made an mutual mpreiiion on
my mind.
Mr.. Randolph. When it was decided by the
court that the queftion, Have you ever form
ed and delivered an opinion on the charges
contained in the Indictment" was the only
proper queftion, was it ftated by the court, or
requefted by the council for the accufed, that
the indictment might be read.
MIR. Hay. 1t was reGueted by the council
that the indictment might be read, that the iu-
ror might have an opportunity of aicettaining
whether he had made up his mind on the part-
Cular charges it contained.
Mr.. Randolph. Was the indictment then
read
MIR. Hay. It was not then read, nor until
after the jurors were fworn.
MIR. Randoibb. You have been, you have
ftated, practitioner of the law for fixteen
years. Has it been the practice of the courts
in Virginia, or have you ever heard of, or feen,
an inftance, where the quefions propounded by
council, were required by the court to be redu-
ced to writing, and fubmitted to their in
fpe6tion, before they were permitted to be
put
Mr.. Hay. / never knew of Jingle intance
nor do l remember to have even heard or read
of fuch an nftance. acted as the profccutor
in the trial of Logwood, charged with counter
feiting notes of tie bank of the United States.
The chiefjufice ofthe United States, who pre-
lided at the trial, made no fuch requifiton, nor
did it ever occur to me, that fuch a thing ought
to be, or could be done.
Mr.. WieboL6n. When you were required TO
reduce the queftions TO writing, was it at the in
ftance of the attorney of the diltrict, MIR. Mel
fon) or was it by the court.
Mr.. Hay. do not remember that Mr.. Mel
fon made any objection to putting the quetion.
The objection was made only on the part of
the court. l recolec that Mr.. Mellon made
one remark as to the witnefs giving teRimony
on what took place in the Senatee of the United
States.
MIR. RandoLbb. Upon what ground did the
council for the accufed afIume the right of pro-
II