The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-05-31
LYo.UMn ..

| IS me iGadow OF hnerty /; and yet the affidavit
hed-!n this cafe, upon which a continuance
was granted, only aa.esth ahfence Of n.steri-
| al witneiits and the places OF their abode: the
defendants were 10. required 20 fate the sl9,
that tiote vitrelts would .;rcye. In ordinary
c'nes the courts do .uct Require this, and in ma.
| ny cafes 1t would I've ;mpo!i:Sle for The Gefrn
can't 10 Know all that witnefs could give in C.
violence nor is the defendant bound, cxcea,
m extraordinary cafes, to diGcIu!e the evidence
mat his wi.neies, who are abftnt, can give, rs
1t might endlnger his defence and give ar, aIvsn-
age to the rrote~utor, if 10 difpofed, to 3r2.
cure evidence, whether true or f7Ife, IN con-
trovert that of the defendant. The ccurt in
me cafe cited was held by fpecial comniiiicn
from the crown, for the purpoir of irving Of
tenders for crimes of the deepf die, and ii1ch as
are punithet in that country with The utr,7.,;f RI
gor yet the court continued e. cafes cf thof.
defendants for fuch length OF time, rs WIS
deemed Efficient to procure their witrelT.s ,c.
cording TO the diaances at which they rr6iea
There were in this cafe no Gated terms 20 VIII; j,
the court could adjourn and continue the Cruz
les; they, therefore fixed upon A rc?f,ral,,-
time and adjourned overto fuch day, I'm order
TO enable the defendants 10 prepare for trial /.
and it was ohierved nv the court in that c,E.
as an additional ground Cor continuance. thar
the indictments had not been found until tb.
court fat, and thai therefoe, the defendants
bad not time 70 prepare for trial. This vas
the Gale with Calender; he had no notice OF
this proiecution until after the indilfmcnt vss
found, and during the f,me term he, there
fore, couIdnot have had time to prepare for bis
trial. The affidavit he fled WIS fronrer AL
much more full than that in the cafe cited. s.
ttates the ahfence of number OF witneG;,s
whole evidence the deponent declares material
to his defence. This would be iufticient TO a,,-
tiioriie A continuance upon iirft af,Dlicat;on
and more ought not TO have been required b,,t
the affidavit goes further, and fates The fuh-
nance, as TAR AS the defendant knew, Of .hv ..
ndehce the witnetes could give and ALTO Rates
the want of papers and books, mate,ia, ta
the defence, that could not be obtained with,
out allowing Comfortable time to nr,.
cure them. What more could be nated in a,
afhdayt, fora continuance on the eround oe
want OF tetImony, by any defendant who wiz
ed to adhere to the truth? Yet coptinu.nc.
is refufed; and the Judge fiates in his anryer -
the principle caufe Of filch refufal, that The ~
whence OF all the witnefes hated in The a6;j,-
VT to be wanting, would not prove the trnth
OF all the charges in the indictment, and. womb
not therefore, make complete .juftiGcation if
procured and enters into an eXaninafion os
the charges and evidence &c prove this nof,i,Tr--
inns execute of the accufed is founded on a train
OF the moi faacious and fophifical reckoning
that can be reiorted to, and is no more ti,an :,
groundieis apology, by which, if pofTibla IA
evade the true Queilion, and avoid the od;,,o
that ought and mutt attach to fuch tr3nrs al.
on. IT isnot denied by the indge that the ah.
ient witnei1es would prove 10 part the chara1.
IN the lndctment bnt heiays it ought TO an
pear they could pr@ve the whole. By this
RUE ~ order to OBTAIN continuance, the par
ty mutt flew TO the court the whole of tbe
violence neceHary to fupport his cafe, and th.
Judge is to compare the evidence with the char-
geS, and mutt be iatisfed that it is fuf1icient to
cover the whole of the cafe, or he will NOT
grant continuance this doctrine is too all
iurd to require a relutaton it would denro,,
all the benefit that could arife to parties from
the right, 70 well eftablillird in law, of CONT
nuing cauieS upon affidavit of abfent mater;,i
w'tneiies and fubject the right to a fair ana
impartial trial, to the mere arbitrary will of ,
Judgc' VINO would thus ailume the right 70
weigh the evidence wanted, and meafIre ;ts
materially by his prejudice againf the nartv
this would in fact, tend in many inGancee 10
deitroy the trial by jury, and reduce il to !,
mere form without fubfancc :. for the Marty
could not Rate on oath all that lis witn-nss
could prove, once in hundred times. Pnt
the aniwer Rates that the cour. promoted tn
Potpone the trial for month, and fome of
the witnefies go further than the accuCrd hin
ieH ana IAy Tor Tx weeks and this is relied
upon as thewing the difpof,on of the indge ,o
accommodate the defendant This is rrs,
tence 70 accommodate that could arrver tt.
defendant no valuable purpofe. The abfcn
wItnelles reiided at fuch great difances. ~ -
mott of them could not be procured in ,b,t
time, ard this the judge wsl knew. r.. er"n
ltates IN his ariHer, tina, thcy lived a. rch er.,t
dIltances as cfy no rca!onab!e ground to brlieTs
they could be procured at the fncceedin- ,er,-,
being iix months, and yet pretends fb,t or,
month or ii& weeks would be flfIicirnt, P,,t
here mum no;icc, that it is remarkable tb,.
counie! for the defendant never heard Of INC
propoied poftponemeni; ard NUT tterefors
conclude II was not Eiiouny made b,,t IL i
wasn't only proves that the Judge was deter
mined to try Calender himf.lf, and womb
not therefore, on any ground whatever. cont;-
nue. The cauic' Preceding term, n which he
vas not TO he prcirnt. He had before def,y-
mined to puni'r Calender, and could not trra
a,s 'aie . IN iIs3t es;eit Of lny other i,Idre.
rms Is OF piece with tic ref of his corGutf on
tins location, and pTef,nts this honorable court
and The world with IN intance of the n,cf -
grant abufe Of common iuGice, under the fl.re,i
ianttion Of admin'fcring the law for the COR
re6lion of offenders
Tire next charge which pr1pof- TO ex,no;rs
IS contained in the iecord article of the i,,,,,L