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


meat, l do no, tiiitnetly remember thar MIR.
Hay or MIR. Nicholas made any reply After thor,
interval Judge Chaie lad as they did een diipoi-
ed take the time have offered the trial !hall come
on within the time the e,tiniony Of the wnsEes
hdins in Virginia, deemed material can be procured.
He a,ed the MARTIAL what the ditance of the
hdence OF MIR. Giles and Cen Nlafon, and what
time they could conveniently TO Richmond and
whether his deputy marihais could go for them. The
reply OF the MARTIAL that his deputies We're pre-
pared TO execute any orders OF the court. Judge
Chafe then directed me to make out the fubp9-
mas for Monday the I'd of June and iiiued iub
poenas for Meiirs Giles, Maion ard raylor.-but COL
Taylor name does not appear in the affidavit. The
deputy marihals directed uie all po'iible ex-
petition in ierving the fubpGnas: they all re-
turned executed Monday the Cd of June, endorled
with the hour Of the day which they executed.
Here MIR. Marihall offered the originals with the
endorsements Of the time of iervce
On Monday the Cd day of June, col. Taylor APP
peared in The other witneles were called, but
they did not appear. A poftponement aiked by
one of the gentlemen FOR two hours, who Gated that
it had rained on Sunday preceding, which might have
inPeded travelling, and it granted. Some time
i'll the courfe Of the day Judge Chaie oblerved that he
might have till to morrow, which was accepted.
On fueiday morning ioon after ,he opening of the
court, the motion for continuance renewed,
founded tie affidavit OF Calender which gave rife
TO the hrit mction. Judge Griffin was then in court,
having arrived the Soth of May, and continued ds
ring the remainder of the term. 1t was argued much
1T length, ard received the fame deciion as OH the
e9th The Martial YVES then ordered to call the petty
Jury; twelve Jurors appeared; there were fome OBJ
jeStions, which do preciely recoeS to the an
mel OF the jury, and motion made quah the array
All argument was made, and iome authorities quoted
Judge Chaie aid they were be relied OH, and he
aiked Tor Coke upon rtleton brought it from the
library in the capitol; Judge Chae looked into it, and
iaid the array ihould not be ouaihed; but do not
| know ,he prnciple which he decided. When
the jury had all aniwered the gentlemen propofed to
PROFOUND queion to the Jurors they came TO the
book. do not recoea what the queGion was; but
Judge Chae fad he would PROFOUND the proper quer-
ton hirie!f The queaion which Judge Chare faid it
was proper to PROFOUND vas Have you formed aad
delivered an opinion or lie iaid it was neceilary to
have delivered as well formed it) OH the Indictment
be ailwer OF the irif juror that he had never
ieen or heard the indictment, and could FAY he had
formed an opinion relpedng it. Eight or nine of the
jurors were alked the fame quelon, and give like
aniwer. The gentlemen, who defended the traverier
then laid 1t was unneceary ak the other Jurors tkat
quetoD the REF were iworn and the trial proceeded
The courie it took was pretty lengthy and cannot
ate all the circumstances that took place recelleGf
that the teitimony of colonel Taylor was refufed but
do not recolect the particular circumstances attend
ing it.
Mr. feaTter. Did any thing pats betweeen you and
Judge Chaie refpeang the jury un,nloned to try Cal
lender
Mr. Nicboy0n made fome Objection to this queftion
l1y Ha,7an replied in fuppor. of it.
| Inc objection was then Withdrawn by the mana
gers; but further objection being made by member
OF the court,
TIE Py5A.af defired the queiton to be reduced to
writing.
When the Senate decided that it ffould be put
Yeas 3o-Nays 2.
ar. 1haJtSaA. Mr. Giles was on Jury in the
crerit court on, think, the 9th of May the day CAL
lender was brought into court by the Martial When
Mr. CHESS name was called, Judge Chafe afzed me
whether that the celebr., Ted Mr. Giles member
OF Congrefs fad that it was. He faid that he had
never Teen him before. Nothing more paed at that
time. In the evening was Judge Chae's lodgings
he aiked me whether fuppoled Mr. CA~.
main III kehmond until the trial of Calender. iaid
1t was uncertain, that it cuitomary for Mr.
Giles TO remain any length OF time when he came TO
town. Judge Chale lad he wiihed he would remain,
and ierve in Callenders cafe nay ne whed that Cal
lender might be tried by jury of hi, own politics He
laid that If his iituation Judge would permit him
to drop hint to the MARTIAL with repeS to the Jury,
he would intimate his with that Calender fhould be
thus tried; but in his tuaon it would be improper
tor him to interfere with the duty of the MARTIAL
Mr.. Harper. Inform the court at what time,
ii any, you were at Judge Chafe's chambers,
when certain Mr. John Heath was there, what
pafied, & what did not pats.
Mr.. MatsGH. Judge Chafe was, as he in
formed me, total franger at Richmond, and
had never been there until he held the court in
1900. lie aiked me if would call upon him
from time to time. When knew he was at
home, ufed to go in an evening, and fpend an
hour or two with him at his lodgings. ] alto
generally went in the morning, about an hour
before the meeting of the court recoIle6t a.
bout 10 O'Clock, going to Mr.. Chafe's lodgings,
went, think, but of this am not poiitive,
with FIR. Randolph, found Mr.. Heath in
J1dge Chale's chamber, or in the paiIage. MIR.
Heath was, think, in the act of leaving the
room, he had his hat in his hand, and | met
him either in his way out of the room, or in the
paGage.
Prefdenf. Can you fate the day of the
month
Mr.. MarbaH. / cannot, but l think it was
the day before Judge Griffin arrived. / recol-
lett very well, on that day MIR. d. Randolph &
myielf walked up TO the court room. 1 was
!urpriied at feeling Mr.. Heath at Judge Chafe's,
and ag.ed Mr.. Randolph what could have
brought him there.
Mr.. Harper. Was Mr.. Heath in the act of
going out when YOU entered.
Mr.. M0rnaU. Yes, Sir, he was on the floor.
he had taken hs leave, as fuppofed, of Judec
Chaie, and was either out of the room, or in
the aci OF coming out of it. do not recolleG
10 ylrsaNh H. IL 4