The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-18

ipark OF liberty exfted. He concluded by To-
iemniy conluring the court to- preferve the pri-
viegegof the jury trial free from violation he
would appeal to the volume of human nature;
ne could almot appeal to Mr.. Hays great TIL
onnal htelt whether any man could decide
cafe fairly and impartially on one half of which
his mind was already made up.
SATURDAY, Auguft IS.
IL is proper to obferve that on Thurfday
three ct the jury, who had been fummoned on
the feond Venire, were discharged by the
court, viz. gen. Pegram, becaufe he was then
engaged in military buGnefs Mr.. Lewis. be-
cau't he owned no freehold in the tate of Vir-
GINA; and Mr.. William Moncure of this city,
on account of his ndifpohtion. II was under
rood before the riing of the court that the
martlfal was to fummon three fubffitutes, and
that the prioner would accept them. Of
cour'e the Venire which WAS this day brought
INTO court, was complete, and coniiaed of AZ.
benjamin Tate was executed from fervine, on
account of his indifpofition
Henry Ranaoibb whed To be dirchareed be-
cauie he was engaged IN collecting the PUBLIC
revenue. The court wound not howe yer ad.
NIT the validity of the execute.
The Venre was then called over, in the fol.
lowing order:
Jacob Michaux, Powhatan, William Ran.
dolph, Surry, John Esimurds, Sugex, George
Minse, Charles CT y, William Morton, Char
lotte, Chrieqpher Anthony, Choocbland, John
Darrlcot, Hanover, Warrington Truehart,
Louifa, Martin Smith, Prince Edward. Ben;a-
mn Tate, City of Richmond, Chriaop6er
Tompkins, do. BenjauinS Branch, Dinwiddie,
Thomas Branch, CheferHeld, James Sheppard,
City Of Richmond, Gabriel Ration, do. Mica
Jah ID Wis, Bedford, Reuben Bakey, Henrico,
Miles Selden, Snffex, Walter Blunt, Suif.x,
Richard NJ Thweatt, Petersburg. John Fi,z-
gerald, Nottoway, Robert McKm, CITY Of
Richmond, Ben amin Graves, Chellerfeld,
VIM. McKim, City of Richmond, Robert
Hyde, do. Thomas Miller, Powhatan, Thomas
Branch, Chefterheld, Robert Goode, do. Hem
ny Randolph, do Miles Bott, do. Henry Bridge
water, do. Edward Hallam, City of Richmond,
Anderton Barrett, do. Henry Coleman, Halifax,
Edmund Baily, City of Richmond, Holder
Hudgins, Matthews, William H. Hudgns, do.
john Price, Hsnrco, Than Goodwin, do. VIM.
5. Smith, do. George BIakey, do. Gray Carol,
lille OF Wight, itaac Medley, Halifax, Richard
Curd, Henrico, Edward Marnford, Powhatan,
Samuel Allen, Buckingham, John NJ. Sheppard,
Hanover, John Curd, Gonchland.
There were abf ntees.
MIR. Barr then obferved, that the pannel was
now reduced to 40; and as it would be exceed-
ing'y d'iagreea6le for him to exercifc the priy-
leee OF making peremptory challenges TO which
he was entitled, he would lay proportion be-
fore the oppofte council, which would prevent
TINS necefiiy. He would feIe6t eight out of the
whole VepHe, and they might he Immediately
iworn and impanneled on the Jury.
The C.. =. fuegeited the propriety of placing
thofe eight at the head of the panel.
MIR. Har had no objection to this arrange.
ment. 1t would be ealy for him to examine he
qualifications of the eight who were feleSted,
when the! were once known.
H'Ah0'n 5. SnfitA then rcqueffed to be excuf-
cd, on account or his indifpcfitinn. Mr. Burr
ooierVed that MIR. S. was one of thofe whom he
had ieleeted; but he would be forty 10 impofe
incn burden upon any invalid. Mr.. S. was
djkfbarsed.
When ChriAopher Anthony was called, he
obierved to the court, that he had uttered fnme
eXprefnons fnce he came to town. which he
had been told would certainly difcua.ify him
from iervinE.-Mr. Burr. Perhaps they were
oied through lev'ty. Do you think they would
DC 'uihcienf to warp your judgment ? a. No.
MT Burr. Ihen, SIR. you are not dirqsalifi.d d.
nir. Mckae state the tenor of thofc sxpref-
hons. A. When iirtt arrived here. met with
An intimate friend, to whom T ohIsrved ,bat r
nad come to town with hope of being placed
IN this jury; and that would ufe nv exerti-
ons to hang G i. Burr. MIR. McRae. Did YOU
'ay to, Knowing that fuch expreffi ms would
diqualify you? A did no, for never ex-
petted TO he put on this panel. O. Were
you ferrous! A. Far from it. fpoke in the
utmoft fpirit of ievity. o. Have YOU been in
the habit OF reading the Dewipapers A.
have Q. Have you read gen. Raton's depofi-
ton! Mrtirs. Burr, Martin and Wickham a.
role and Objected to the queRion. Mr.. Martin.
You have no right to dfquaIify any iuryman
tor us MIR. McRae. ne too have rights
Oh. Juitice. Certainly the council for the U.
D. may challenge for csufe.- Mr.. McRae. We
are entitled to the fame rights, which the OPP
polite council have exercifed az to the former
VenIre. When the jurymen were fucceiIively
called before the court, did the oppofite coun-
lei IN every cafe challenge for cauie ? Did not
tne pritnner make fome general obfervationF,
that were intended for the cara of the iuyy: in
which he poke of his right of challenge, and
requefted every juryman, who was conf.ious
OF prejudice, to object to hmreif? Did they
NOT, IN ievera cafes without exercfpg TIE right
OF challenge, PrevIouny enquire of the iurymen,
whether they had no declarations to make
Did not the council for the proIecution fugeeft
lone doubts about the proprirty of this courfe
aud did not The prifoner reply, that no jnryman
ought to lock up in his own bofom the preju-
dices which he bad conceived, and that he .
ought to declare them himfelf? Did not Mus.
Bolts frequently interrogate the jurymen, whc-
ther thev LAD nothing to nate. Mr.. J. BE-
ker's cafe will be PARTICULAR. ...coi,ectea. ,ar
that gentleman poIitiveiy replied, that he bad
no obiervations to make until he had been cbsl-
Ienged ; and not until fhie n er al k.,n ,.i,.o