Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-06-03

order as .ihe cause; and thereupon the
counsel for your me morialist moved that
your memosialisb might be dischal ged,
because 1t did Dst appear by the return Of
the marshal thai, your mernoriaiist was
charged with any crime. But the court
ordered that your memorialist should be
rcmanded to the custody of the marshal,
un'ess be should give security to abide
the order OF the court, himself i'm ten
Thousand d.iiars, with one surety in TWEEN
~ Thousand dollars; and alhoush the
counsc! Tor your memoriaiist warmly re-
morstrated against such excessive bail
being required in such case, the court re.
fused 10 lessen The sums; and youc me-
morialist WAS also bound in another re
cogniSanCe in five thousand dollars for
lbs appearance as a witness.
Your memorlalist further respectfully
represents that in order 10 b:ing before
thc court the manner in which he had
been examined before the magistrate ard
10 prevent such illegal testimony from be
ing made use Cf against him, your memo
r'alisI made an affidavit s; a;ing the most
prominent circumstances OF that exami.
nation as they have been herein before
set forth, and thereupon the counsel Tor
your memorIalist moved that the court
would make an order that the SAID dspo-
sitions SHOULD not be laid before the grand
jury, or that they should in some way be
suppressed. But the court, although il
admitted that testimony taken as stated
In TIE affidavit of your memorialist was
not legal. Yet as the court had a conf
Deuce that the attorney general would
not actimproperly in the discharge of his
official duties, refused 10 make an order
on the subject; notwithstanding which
the district attorney did permit the grand
jury 10 have the examination aud deDosi.
ton laksn in the illegal manner ABOVE
stated together with many other deposi.
tons against your menorialist Of persons
who were examined by the Judge in 81
milar manner in The absence Of your me.
moralist. Your memorialist further res.
Pe6lfully represents that on Monday, the
eighth inst. the grand jury brought in
bill OF indictment against your memoria.
h',, and thereupon your memorialist was
put to plead; whereupon he filed plea
In abatement, verified by the usual affida.
Wit. This plea stated in substance that
Illegal testimony had been before the
grand jury that found the bill previously
TO It's being found, and stated also that
that illegal testimony was the abovc.meD.
toned deposition and examination of your
memorialist as also The deposition Of
William .. Smith, esq. taken before the
judge In the manner above mentioned.
The court having granted to the public
prosecutor Ill the next day to answer this
plea, he filed general demurrer thereto,
and moved that the defendant might Join
in demurrer Installer wherenpon the
counsel tor your memoriaiist prayed time
Tor consideration. In the argument on
this prayer, the district attorney said the
plea was frivolous; 10 which one of the
counsel for your memorials, answered
that he Enough, il was not so, and that he
hoped 10 bets.ole 10 convince even this
court that it did not deserve that charac.
ter. The court called on The counsel for
an explanation of what he had intended
BY the term even THE court, and not hav.
'ng received from the counsel an expiana.
ton, which the court chose 10 accept, the
counsel was committed To the custody of
the marshal; but whilst the order for
commitment was making out, the counsel
having stated 10 The court that he did not
intend any contempt oflhe court, he was
discharged. The court then obliged YOUR
memorialist 10 join in demurrer, & al,ho'
the counsel Of your memorials mos; ear.
nest'y prayed time ustii the next day TO
make preparations for arguing the same,
but the court ordered on the argument the
same day, and that day having been con-
sumed in arguments on the demurrer,
the next morning the court gave iudg.
ment thereon, and oycrruIed The same, not
upon apy formal objcelions 10 the plea, but
upon the ground that the grand Jury was
an independent tribunal, that they we're
only to be governed by their conscience.
IN their presentments, and that the cour,
could take no cognizanCc of tne testimo-
ny that was offered to them. Your me.
moriaIist being then called upon to plead
in chief, his counsel moved for leave 10
amend the plea as to form, which the
court refused, on The ground that in CIV
ing Judgment form of the pleas had
not been consldered, that the principle
the court had adopted would apply to
any form Of pleading the matter ALE dyed [;
a motion was then made and founded on
affidayits which were then before the
court, and which have been herein before
a. o,,asL a.. -.