Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-04-12

answer all the questions put to him OF
'fpain OF imprisonment; that ne was ae
Icordingly sworn, and questions were put e
him as 70 the cargo and destination OF th'
Leander, which he objected to answer, a.
he had always understood that no Eaas
could be compelled to answer any qaesti
IONS which might crimlnate himself, ane
that such questions as those put, must havs
that tendency, because he was concerned
in the Leander. The judge and the DIS
trio, attorney told him that.he must an ast q
the questions or be committed, and as ne
still refused an order for his commitment
was made out, when rather than suffer the
disgrac &c and inconvenience OF an impris.
onment, he answered all the quest1ons
that were.put to him. This examinaslon
was then read to him and he was ordered
again to swear to and sigr Il, which ne re-
fused 70 do, until he was again shEeaysnsd
with imprisonfnent.
COL Smiths deposition stated that he
was arrested upon warrant similar 10 thai
issued against Mr.. @. at about 9 O. clock ia
the morning nddetained in room, with.
OUT being permitted 10 see or communicate
with any person. until s O'Clock in the
evening, when he was carried before the
Judge and told that he must be sworn to
answer all such questions as should be pu,
to him by the Judge, and .ha. if he refused
he must be imprisoned tha. he declared
his enorasce Of the law, but stated that,
# the judge had power to compel him, he
would tell all he knew, without the trouble
of propounding questions 10 him, which
he did. the Judge asserting the power and
repeating the threat ofimprisonment; tina.
his examination was closed at little be-
fore IL O'Clock at midnight, when he was
told thas:he must end sufficient persons to
enter into recognizance with him for his
appearance at the next court, or must con-
time in the marshai's custody and that
at that late hour he was under the nccessi-
sy, accompanied by an officer, to call some
of his friends from their beds 20 become
securities for him.
] have given you the principal facts stat
ed in these dispositions, because they will
inform you perhaps more correctly than
you have been heretofore Of the manner
in which ,hisiuquisitorial tribunal has con.
Quoted itself.
Upon these depositioHs the counsel Of
Mr.. O. and col. S. found an application
to the ceurs TO lay their hands upon the
examinations which had been taken in the
manner disclosed by the deposi,ious, and
preveatthsir being used by the district at.
torney IN any part CT asprosecution which
he might institute either against Ogden or
Smith. The counsel commended that the
examinations had been taken in manner
tyrannica and unjust and not warranted by
any preccdsns; that they were extorted by
threats which the judge had no right to
make and wsuld not have dared 10 exc.
cute: that If the parties had been allowed
the benefit of counsel, which every man
was entitled 20, they would fever have
submitted to answer, and that if the Judge
had imprisoned them, he would have been
liable not only to an action for false impri-
sonment, but to Impeachment that the
manner IN which the business had been
conducted was SO palpably wrong, it was
vain to seek for the cause of it in ignor
ance; that no instance but this could be
produced, where, in order to extort con
fession from man nnder examination, he
was made to change torns, as the prose.
cutting oRcer might direct, now a party
and now witness, aud thas il was aitoge-
Their mockery of iaatjce dispyaceful re- all
concerned in it.
To thefc remarks, the diaria attorney repli.
ed, that the examinations fpoken of were neither
before the court nor in their power; that as
public Proiecutor be had a right to lay fuch evil
dence before the grand jary,. as he shousht pro-
per, without being controlled by the court-that
the application was novel one, and lis novelty
fuficicst ground &C refufe it, and the n amer
of making it an infolt 70 him and the judge
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