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


when the court laid obey would certainly afels the ne
IN Niebogar Was any quefiou made OF the right
OF the jury alIefs the fine
Il. Il was mentioned but WI. not, think: dilcu.-
fed.
To an ir;errogatory pvt
MIR. A1oyi5aA anf.vered--that he knew cafe in
which capias illued, it cafe in which feon
Wa, refcued from the civil authority
afr. Martin. Was he tried ,he fame term he wa.
srreRed
Il. Not in that cafe; but have known repeated
trials the fame term and in onne ntanc.s trials have
been had the fame day the indictment was found
Mr.. Ran&i5b Have you known motions 20 be
made Tor continuance, and what the decilionl
n. have generally agreed 20 them; bu, not as =
matter Of right.
Mr. Nis60ys1. lnwhat courts were you public pro-
fecutvr?
4, In the court of Hulinss for the city of R:,h-
n,ond
Mr. Me5oyoo Was tfat court created by a law cf
the corporation!
Il. No, Sir, by an act of the aifenhly
mr. N!sbOyoa You hated thu, in going 70 fudge
Chs;e's lodgings you met MIR. Heath, think in the
Il. | fated that was uncertain whether met him
within or without the houie.
Mr.. Niebs!sn. Are you rather inclined to think
that you met him in the pafTage y
H. | Cannot tpeak with certainty
Mr. N'eboJo1. How is the door Of Judge Chafe's
II. As well 4. Irecoecf there is hot one door in Il
narrow Pailage leading to Judge Chafe's room
M Nir59y9a. Are there other doors, leading to
the pshaee?
ii. believe there are-but am not certain, asI
nave not been at the houie ince Judge Chaie lodged
there, AVID had not been there before.
M C!a,k Did underltano YOU TO fav that r1r
deucanors tried the fame term thar the nsGt-
nlent is found?
II. YES, Sir
M. C.a,h. How was the dsfendent got into courtl
n. He was bound in a recogrifarce.
Nh RanSoPb. Was it at Croueh's tavern that
Judge ChAfe lodged1
Il. | do not know where he lodged-His fittinr
room was in the upper end of the houie.
Mr. Ra0AlbG. The houie Rauds on the ide of a
hill, and may be iad to have ground floors; was
his room on the upper or lower Roor.
n. He TAT Ill a room the upper floor
1fr. HUp~. Do you recollecl inaances of mott
ons for poltPonement which you oppoied?
d. Yes, Sir--I recollect iuch inaauce in which
man was charged with receiving hogfpead OF TO-
bace", and was mpritoned fix months and fined one
hundred dollars
Pr5i&n. undernand that you were profecu.or
Tor the commonwealth of Virginia
II. | was, Sir was appointed TO profecute for
Richmond while colonel lines was attorney General
applied to him, aud to his luccelor Mr. Brook fer
information as to the practice but could never find
thai there was fixed praaiie therefore acted ac-
coTd:ng to my beA Judgment.
Mr. Hay4o fad hat before he proceeded in the ex
ANIMATION OF other wtreiies he would corre9 nil
apprehenon which had arifen with regasd TO the tef
it'iony OF Mr.. d. M. Randolph For he purgof. IS
Correcting it he would read letter he had in rece;v
ed rom thar gentleman.
1Nr Harfer read the letter to fhew that thouph
Mr. Hay had in conversation with MIR Randolph Aet-
ed his opinion thar it would be either inpoiibe or ex
Iemey difficult to find Calender; and his belief tba.
he would surrender next yer it was not tie
Prefkon OF Mr.. Randolph that this was done 70 inH,
eHce hin>n the dtcharge of his official auty.1
]Y4r. Ni.50Jon obterved thai wiihsd at this Gave
OF the trial, TO iuggeit quef;on which had arp in
ms mind Sons ct the wtneles on rhe Part CT the
prolecutlen were abfent. He did not know whether
the court conidered itleli authorized 10 hle attach
hents Tor ab!ent wtneiieS. There We're loine iineC
les aoient Whole teifimony the managers were ex
uensy anxious to Obtain If the court deemed ;t(f
authorized to Ii!ue attachments, he would make mo-
tor to that effeG.
PT5,as"f The court cannot take order on hyro-
thetical cafes If any witnefes funlmoned have d;c
obeyed the orders Of the court, the court viii take
proper order Tor recurring their Attendance On pro
petition being made to that effeet.
Mr. HayPe,. | Will proceed to thew the practice
OF the circuit court in the fate of Maryland, where
Jndge Chaie reGdes, and alto in Delaware r. b,,
been common practice in MARYLAND everf1ce the fs-
deral courts were organized, to adjourn, Whenever
neceihty for 1t appeared TO the court TO exia In die
itate of Maryland there i. no limitation TO the fion
Of the fate courts
JUDGE WINCHESTER azAlJ5s.
Mr.. H1lper Do you at an adjourned court try
n. No doubt. We progrefs with csufes at an adj
Jourhed COURT III the fame manner all original
court.
Mr.. Hafy Do you not try erimina! as well 4,
civil actions
H. 90 not recoIee any inAancss Of criminal cafes.
have very few nanees Of criminal cafes in the cir
cult court
Mr. HpPy. Has this practice ezifted rs lcng as
the court has exilted?
H. 1t has been the conGant practice ever iinee was
on the bench. po0-ponement often takes place FOR
the convenience OF the barto allow time Tor making
up the iiiues which be done during the hur.
ry Of buiinef5.
Hr. Hs-psr. Has Judge Cbafs ever adjourned the
circuit court for Baltimore, and after holding court
IN Delaware, opened the adjourned court 1t Bltn,orep
II. do not recolle6t. / think there ,vss one cafe
OF an adjournment, during the interval Of which he
went to Delaware.
L. ri