The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-07-25
UNITED STATES ys. WIN. s. SMITH

q All fD u n Lo ~. w Ne D. OWL II.
.Seeoaa day.-The court met at 10 O'Clock
purfuant TO adjournment.
Prcfcnt, Judges PATTERSON & TALmADGE.
Mr. GOLDEN, Council for the Defendant, Of
fered the affidavit of w. s. SMITH, tn prove
that the witnetles againa whom an attachment,
for contempt had heen moved on Monday,
were material witnefes.
He proceeded at length to prove his right to
the attachment.
Mr.. HOFFMAN followed on the fame point,
and ftrcngthened the argument and authorities
urged by his colleague.
Mr.. SANFORD, Ditria Attorney, replied,
and argued that the procefs by attachment was
neither conformable to the practice of the court
ofthe United States, nor allowable in this cafe,
as the witneiles were not guilty OK a coutcmp,
by their non-appearance.
Mr.. PIERpoINT EDWARDS Imported Mr..
Sanford, on ALI the grounds he had taken, By
fevera law authorities.
II was apparent that Judge Patterfon was, in
his weak Gate Of health, greatly exhanftcd, and
the court, NJ half PAT two o'clock, adjourned
till ten O'Clock this morning.
Third 1ay.-The court met al 10 O'clock,
puriuant TO Adjournment.
Pretent, JUDGES PATTERSON & TALMADCr.
The jury and witnefIes for the proiecution
were calle,, over, and ,ifmifed until ten o'clock
this morning.
After fome defultory ohfervations by the
council, who fpoke Yesterday, Mr.. EDWARDS
was heard in continuation of his argument.
Mr.. EMMETT replied in fpeech OF great
length. We are forty that the rules OF the
court do not permit lis to give detail If a
fpeech 10 ,argunentative, eloquent and inpref-
five.
He was followed, on the fame fidc, by MFR.
HARRISON, who lpoIe At Considerable length
AZ half r,oh +t.,D tIo ,,,.r
O'Clock tbs morning, when it is expected they
viii determine o. fhe further proceeding in the
trial, or the. iGuing an attachment againa the
witneiics who have been iubpeGed and DO no,
attend
Fourth ddr.-The court met at 10 O'Clock,
purluant to adjournment.
Prcfrnt, Judges PATTERSON & ThLmApcF.
Judge patteflnn delivered the opinion of the
court on the qnefions RATED by the council for
the defendant
On the frf the court agreed tha. the trial
muf come on at this fitting.
Onthc fecond they tiilagreed. Ore being Of
opinion rule might be granted to ihcW canfe
why an attachment lhonid no. iifue-the other,
that neither an attachment nor rule to flew
caufs could be granted.
Judge Pateiiun, being much indifpoEcd, re-
tired after delivering the opinion of the court
An affidavit on the part Of w. S. Smith was
offered, Eating the abfencc of the captain and
fnpercargo ofthe Leander, WIN are material wit
nefles in this cafe, and who will be here fome-
time in September.
Upon this affidavit motion was made to
poftpone the trial till the next regular term of
the court.
This was refnfed by Judge TaImadge. And
tie trial was ordered on.
twill therefore, commence this morning at
10 o'clock.
Fif6 day.---Tbe Court met at 10 o'clocl,
pprfiant TO adjournment.
Prefeiit. Judge TaImadge Judge patterfon
from ;ndifpoliton not bying aoe 10 attend.
The following jurors were called over aud
{worn, viz.
John Sullivan. John Rathbone, inn. Lewis
C. Hamer0ey, Cnrtlandt Babcock, John p.
Haf,' Cod Hoyt. John A. Fort, James Mailer
ton, Schuyler Livngnon, Henry Panton, Geo
Forman, and AuSuaus Wynkoop.
The Attorney General opened the CAT. by
briefly Rating To- the larry the counts IL tic in
dift.nent. After which tbe followi1g wiineiles
were examined in behalf of the profecntior, viz.
Mefirs. Slmuel g. Ogden, Dc. Komaiar, Dl-
vid GelCfcn Collector If the port, J3hn s5'Lean
General Stephens, Richard Belden, Jona,hsn
Ogden, John Jacob AGo-, Benjamin. H1icht,
Bernard Hart, Abraham Vannen, jonathan Fay,
William Fofbrook aud William Ail>n.
In the courc of the examination f-yeral ouef
ti9ns were ahed, which gave rife to confders-
bic defultory conversation among the council.
FfoDithe progtefs of the bulinefs, we arc ndu-
ced ta believe, that feyerai days will be confum-
ed in the examination Of wtuenes.
After which, the court adjourned until 10
s'cloch this morning.