The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-04-18

nSiu. Upon tneie oeponttons, their council
founded an application to the court 20 lay their
hands upon the examinations which had been
taken in the manner difclofed by the depof-
tions, and prevent their being ufed by the diff
trict attorney in any part of proiccution which
he might inaitute either agdnlt Ogden or
Smith.
The council contended that the examinations
had been taken in manner tyrannical and un-
ju't and not warranted by any precedent that
. they were extorted by threats which the Judge
had no right to make and would not have dared
to execute that il the parties had been allow
ed the benefit of council, which every man was
entitled TO, they would never have fubmitted
to aniwcr, and that if the Judge had mpri-
Toned them, ne would have been liable not on
]y to an action of fafe imprisonment, but to inn
parchment that the manner in which the bu-
iinefs had been conducted was 20 palpably
wrong, it was vain to feek for the caufe of it i'm
ignorance; that no iutlnce but this could be
produced, where, in order TO extort confeiion
from man under examination, he was made
TO change forms, as the proiecutng officer
might direct, now party and now a witnefs,
and that 1t was altogether a mockery Of iultice
difeaacefulto all concerned in it.
The judge deferred giving his opinion until
that morning, when he declared that the ex-
aminations and depo6tions were not evidence
but he would not Interfere with refpeGt to them,
becaute he mutt prefume the public profecutor
would do his duty. He cenfured the council
of Mr.. O. for the manner in which they had
argued the Quehion.
Extra9 Of letter from ~. r. dated AbrH 10.
he dittrid attorney, yeiterday morning, filed
general demurrers to the pleas in abatement of the
defendants; they joined in demurrer upon which he
moved for leave TO bring the argument of the de-
murrer. The defendants aiked the court to indulge
them with little time TO prepare for the argument,
as it was impoi5le for them to foreiee what courfe
the diitrict attorney would take their plea whe-
Their he would demur take fue upon it, The diff
trct attorney oPpoied the application for delay de-
caring that the plea was frivolous one filed mere
ly for delay, and that the court would give no ndul-
gence to the party hingit. In reply Mr.. Golden,
one OF the defendants count declared that howe
yer frivolous the diltrct attorney might conider the
plea, the council for the defendant had full conf
dence IN 1t that the arguing of it would prefent TO
the court queilion of equal importance perhaps
with any that had ever been dfculed in it -whe-
ther grand jury was arbitrary, delpotick trbu-
nal, hyperion to all law, were bound in their de-
Iherations by thoie rules of evidence upon which the
liberty and Iecurity of every depended that he
ENTERTAINERS hope, whenever the quefion fhould be
argued of being able convince the court +, ao,
winae even tbiseourt, that the plea was GOOD The
Judge called upon MIR. Golden explain what he
meant by the words tbs court" which he had
lad 10 much emphaiis onfaying, thar the only con-
III 'St'OH Tue court COulu put nDOn them thar
this court had acted in this buiine partially and am
properly, and that it would therefore be more dcnIt
to convince 1t than would be to convince any other
court Mr.. c. faid thar what he had faid he had
lad' and that II the court put improper coultrui-
on' ON II, ne could not help 1.-THE Judge faid that
Ii ne did not make fome further explanation or
apologize tor the exprenions he had uCed the
court mutt conder him in conten,pt & aq accordincv
Mr. Z. declared he could make no apology where
upon the court ordered him 70 be committed for con-
tempt. Whe the clerk writing the order Mr.
Coisen, alter committing with his friends, rofe and
declared 70 the court, that by the words .4,sy ti
court he meant 40 imply, that the g,,ye who nov
preded was the fame before whom the original eva,
minatIons had been taken, he might be uppoed to act
under the influence OF former iupreions and that
would therefore b. more difficult to convince hin, than
a)ud5e who had heard nothing the fubieGt; and
that he attended no contempt of the court With this
the Judge declared himslf latised and annuled the
order for his commitment. After fome other obier-
Vations on the iubJect of polponement' the Judge
granted 1t until afternoon and longer. The de-
murrer was argued in the afternoon with great abili-
~. The judge will give his opinion this day
In the afternoon the grand jury came in, and
handed paper to the court. The iudge alked then,
if they had gone through their b9rinefs, and being
anwered in the affirmative, thanked them for their
faithful attention and dillnifTed them. On opening
the paper 10 it was prelentnent againR the nudge
charging his conduit in taking the examinations in
Mareh, with being arbitrary and fubverlve OF the
hrit principles of law and liberty 1t is fad, that
the Judge having read the paper, did not hand it to
the clerk but kept it in his poedion, 70 that,
its contents only known from what has come out
from iome oftbe grandjury
The Grand Jury have found Bills againf Samuel
G. Ogden, Col. w. s. Smith, Capt VIM ArmRronr,
General Miranda, and Captain Thomas Lewis.
1t IS well known to the public, that, for fos1e
time pat, protecution has been depending -
gain't me, touching the expedition of the hip
Lsander.
am feDlible that it wouId be Improper for
me to diicuts the merits of that cafe in An extra
judicial manner, or to make fuggeAions, which,
by any contribution might he deemed to inter
fere with the courle ofjutce it is far from my
intention to adopt any fuch meafure.
On the contrary, I am, and always have been
ready to tnbmIt TO the laws of my country, in
confidence that they will be administered uDon
pure and proper principles and fmy conduit
HAIL be found 20 have been legally criminal,
know that am bound to abide the legal confe-
quences But yet, whatever may he the event
ct the depending profecuton, it is a duty which