davidaulloa/AmericanStories huggingface dataset:
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-11-12

lredeU IL the case Oh IrleS, according
to my understanding of it when read at
the bar, appears to bear strongly on this
point and that opinion would be con-.
elusive with me, at least while acting as
an examining magistrate. l have not
reviewed it particularly, because my de-
cision will not depend on the propriety
of admitting this mode Of proving the
intent.
1t has also been made question, whe-
ther after proving a connection between
the accused for some general object, the
conversations Of one of them may be
given in evidence against any other than
himself, tor the purpose OF proving what
that object was. On the part of the I.
States it is insisted, that such CONVERSE
tons may be given in evidence on an
indictment for treason in levying war.
BY the deferce it is contended, that such
evidence is only admissible on indict-
ments tor conspiracy, or on indict-
mcnts where conspiracy may be laid
as an overt act.
The principle that one man shall not
be eliminated by the declarations OF an
other, not assented to by him, not made
in due course of law, constitutes rule
OF evidence which ought not unrehcct-
ingly to be invaded.
1t is one Of those PRINCIPLES on which
I do not think myself required to de-
eide, because l am not sure that its de
cision, however interesting 1t might be
on a trial in chief, would essentially at
feet the question of commitment nor
am | confident that its decision as ar
gucd on the part Of the United States,
would introduce the testimony it was
designed to Introduce. In the English
books, generally, the position that th-
declarations Of a person not on trial,may
be Civ en- IN evidence againstamanp rov'd
70 have been connected with him, is laid
down only in cases of conspiracy, where
The crime is completed without any o.
ther open deed. The position is Ger
family not laid down Will. respect to such
cases, III terms which exclude it's appli-
cation to others but it is not laid down
IN general terms, and is affirmed to APP
ply to these particular cases, without
being affirmed to apply to others. From
this general observation relative to the
English books, East is to be excepted.
H. states he f,vrr,Cci ic-, ,.,-,.,.,'T.. v
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-11-12
( 1913 J

The doctrine on this subject was re-
viewed in the cases of Hardy & TOoke.
On the part of the crown, a letter from
Thelwall, containing seditious songs
composed by himself and sung in the
society, was offered as evidence against
Hardy, who was connected with Ihel-
wall. This testimony was rejected, be-
cause it was not part Of the transac
ton itself, but an account of that trans
action given by I'helwall to a person not
engaged in the conspiracy. The court
was divided, three for re- ectinS and two
for admitting the evidence.
A letter addressed by one conspira-
tor to another, but not proved to have
been received, was then offered and adj
mitted against the opinion Of the chief
justice, who thought that such letter
did not amount to an act done which
might be evidence, but only to q rclati-
On OF that act which could not be evil
dence. He was ovcrruled because a
ietteil from one consPirator to another
on the conspiracy, was 4 complete act
in that conspirator.
The next paper offered, WAS letter
from society in the conspiracy, which
was found in the possession OF one OF the
conspifators, and this was unanimously
admitted.
The principle which appears 70 be G.
established by these decisions, Is, that
letter from one conspira,or. TO another
on the subject Of tn conspiracy, is evi-
dcncc against all, but that letter from
q ConspiratOr 70 person not connected
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-11-12

Both houses of Congress formed quo
runs on Monday the Goth ult. Gen.
Varnum was chosen Speaker of the
House Of Representatives, and Patrick
Magrudcr Clerk.
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-11-12
" II z E LING,
THURSDAY, 10th NOVEMBER, 1907.

The present Number (27) commences
the secand haJ year IF the WHEELING
Observation-Disclosures zuho hayc
received. from the first No. are requested
to take "0tIce, that q second payment is
nae due. II is hoped that bunctuality
1riN BE- o6Scy0ed.
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-11-12

The Presidents message to Congress
at the opening OF the present session,
which occupies some of our preceding
columns, has been looked for blythe pub
lie with no common interest and solicit
Jude. Il was calculated that to the as
semblcd Representatives Of the Union,
the President would give 4 full exposi-
ION Of our situation with foreign na-
tons. Especially it was supposed he
would state at large the subjects of our
dispute with Great Britain. After the
assurances he had received from the
people, that they would support him il,
any measures necessary to maintain the
honour and dignity of the country in q
contest with that nation, il was expected
that he would speak the bold and digni-
fed language becoming the chief magis-
tratc OF an independent, free and power
al people and that this message would
contain, not only dcvclopement Of the
matters in dispute between the two
countries but a suggestion ofsomc plan
OF defensive on offensive operations, cal
culated to protect or indicate the in
suited dignity of the nation. 1t was an
tlclpatcd that this message would at
least furnish to the people the opinion of
the cabinet on the probability of peace
or wax. Subjects of such momentous
import to this country, necessarily ex-
cited more than an ordinary degree OF
experimentation far the message
meets the ideas which were formed Of
its contents, our readers, by peru5in9 it,
can decide Tor themselves.
The Wheeling repository. [volume] (Wheeling, Va. [W. Va.]) 1807-1808, 1807-11-12

On the 10th ul,. brigade of volun-
tecrs, undorth the command Of Brigadier-
General Stricken, was reviewed at Bal
timorc. The nunbcg under arms wae
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
MoTEE no THR puBIn.


I'M Saturday last, q negro man rid.
~ ing dark IRos GRAY MAkE. a.
bout six orsevsn years. old, about four.
teen hands and . half high, with two
white spots near the root Of her tail, with
asnafef bride having plated bit, anda
leather collar with piece ofrope attach.
ed 70 il. on her, in attempting to cross
the Potosnaek river at Barns : lord below
Shepherds. Town, where the Subscriber
resides, in consequence Of the river be.
ing too high to lord, fell off in the river
and was afterwards seen. swimming or
floating down the river /; upon being dis.
ingaged from her rider the mare return.
ed 20 the Virginia shore, and was ,atea
up BY the subscriber, any person Owing
the mare, bride, &c. may have them a.
gain BY applying, to the, subscriber and
paying him for his exPenee and trouble
j CHRISTOPHER HAT.
Sept. IL, 1907. II
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
Virginia !. Lands.
Fer Sale.

THE subseriberotIe for saie .e...
Il raj Tracts Of Limestope Land. Of
the FIRST rate quality, containing from
15oto 500 acres, well ,watered and tim
bered, lying within half q mile Of the
Potomak river, in Berkeley County,
about seven miles above Williamsport
and ten from. Martinsburg. For term.
apply to the. subscriber on the nremisx,.
:. e. GEORGE NEWkIRK,
September Is, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
BRIGADE ORDERS.


THE oEeers Of the Ioih Brigade
are called upon to attend their ANNUAL
duty, 10 receiving the Instructions ofths
Brigade Inspector, on the days and At
the places herein named. However i'm.
portant the knowledge Of Military tactics
are At all times to an Oficer, yet more
than ordinary calls now demand the ex.
ertion Of every man 10 sesk perfection
in the art. = q. 80. -
The General hopes q willingness, on
the part Of the Officers, will be testified
BY their punctual attendance at The diff.
rent places Of rendezvous, and tlat their
equipments viii exhibit promb,uess to
attend Military call. r :.
The Omcers Of tie ssh Reeimens
win attend the Brigade INSPECTOR in
Charles. Town, in the County Of JefFsr-
aon, on the fth, 9Th and OH DAYS of
October next. The Regimen,al Mus.
ter is ordered on the Ioth Of October, a
the same place. p : = :.
he Of6cers Of the 9th Regiment
will attend the Inspector at Martinsbare,
in the County Of berkeley, ON the 14,h,
isth and 10th days Of October, and the
i7th Is ordered for the Regimental Mus
ter u the same place. ~. L =. :
The Oficefs Of the s1st and sIst Re.
giments, will attend at Stephensburr. in
the County Of Frederick, on the ieth,
10th and 2lst of October. The Reri.
udsrfal MnstSr nf N. I...:yI = = x
2and ofthe same month and at the same
place, and that ofthe Sist on the asrd of
October, AZ Winchester. q -,... !. =.
The General reminds the Command.
ants Of Regiments, that the Officers Of
me Cavalry and Artillery, wi,hin their
Kes'menta Districts, are to attend the
Inspector. =. -. -.
JOHN SMITH,, *..-a.
Brigadier General,
10th Brigade, V. NJ.
Fredsriek County, August IS, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02

THE subscriber offers for sale, =
/ tract Of slate LAND, containing
about one hundred aeres, lying 10 Berke.
ley County, about one mile from the
SnlPher spring, and the same distance
from Darkesville; there il about fifty a.
cres cleared, four OF Ave acres Of good
meadow and 6ve or sir more can be
made there i . dwelling house and o.
ther Qua houses, two good springs Of
water, never known to fail. A good
bargain may be had BY applying to the
subscriber living at Col. Elisha Boyd'S
Min on Mill. Greek, Berkeley County.
JAMES s rERRAT.
September II, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
FIty Dollars Reward.

~ = '-'~"s-| ~
z ScAPED BY breaking through the
L. wall Of the jail Of Berkeley county,
. certain George Heblsr alas Joseph
Kesler, who was found guilty by an { Z.
aiming Court Of horse stealing, he is a
German, inappearance soft or silly, bot
agreat villain, about thirty Ave years Of
age, ave feet nine or TEN inches hiph.
dark hair and Of = pale tcountenance, he
has been sick in prison, had on and took
with him crossbarred coat and s.riped
pantaloons Of homemade cotton, and
cloth clo.hesof lead colour.
Ase certain Isaac Compton, who
was found guilty. Of burglary, he il a.
bout thirty years Of age, i've feet ten or
eleven inches high, fair complexion.
his eyes rather white and staring, stout
made. sasuaart active man, had on alieht
eoloured cloth coat, and linen or tow
trowsers. Any person or persons who
apPrehends and returns ether of hi. aid
runaways 70 the said Jail again, Shalfre-
eeiye twenty Eve dollars, or the above
reward for both, paid BY me, -.
MOSES COLLINS, Yailos.
1 Martinsburg, September 4, 1907. a
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
Sept. IL, 1907.

CIRAYED or stolen from ,hea.ub-
~ seriher's plantation, near Mar,ius.
burg, on SUNDAY night the 18th instant,
U bright bay HORSE, with a darI noane
aud tail, one Of his hind: fees supposed to
be white, and ha. ablaze in his face. il
about fifteen hands high, and was eieh.
years old last spring. has been drove in a
Wagon, and his shoulders are hurt with
the collar, trots naturally and was shod
all round. Five dollars will be siven
tor returning said Horse, ifstrayed !; or
Il stolen, and the thief convicted, 6f.sen
oouaIes .. -A--.-z.z - . -.
HUGH v. PATTERSON.
Sept. ls, 1907. TT r.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
REGLAEHTAL~ ORDERS

THE Ofhcers Ct the e7th Regiment,
L are ordered to attend the brigade
Inspector at Marlnsburg, on the I4th,
15tn and 10Th days Of October nest,
and the i7,h is ordered for the Regi.
mental Muster. at the same place.
ELISHA BOYD, ~.
1t Col. Com. 9Th Regt. v. NJ.
September 4, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
JAMES HORTON,

% ESPECTFULLY informs kis
N friends and the public, that having
taken DR.. ]. M. Read into copattnersl,ip,
the Grocery and Flour business will in
future be conducted under the Firm Of
Horton & Read, At the old stand. No. .,
Howard street. next door to. liusssy's
Tavern, where thsy have on hand, and
intend keeping . general assortment of
GROCERIES and LIQUORS, which
they viii sell az the mos: reduced prices,
for cash, OF in barter for ali kinds Of
Country Produee. W - ~,
~ : JAMES HORTON
s.. JOHN Nj. READ
Baltimore, AEguss z, 1907. II S..
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
DURsUANr ,o;the las, win ,od,...

DURSUANT tothe last viii and te..
l. lament Of Edward Watkins, de.
ceased, vill$be sold' at public suction.
&c CulpsPer Court House, on the
6rst day Of January next, about forty Gvs
choice healthy Virsinia born slaves, Men
and Wonten, Boys and Girls, mostly
young and very likely; sundry articles
Of household furniture, twelve months
credit wilibe allowed the purchaser, Who
must execute bond. with approved seeu-
rity for the purchase money, before ai,y
property viii be delivered. y,,ss, / =
WILLIAM PENDLEToN, Err.
Rfrle1ey Comfy Virginia, J,
.>~~ July 81, 1907. T. ,5r
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02

~AME 70 the subscribers plantation,
~ near .Smith6eld, IeAerson County,
about the latter end Of July last. = roam
Mare shout fourteen hands high, three
years old last spring, no brand, one of
her Jaws u much longer than the other,
she was appraised to thirty dollars. The
owner il, requested to prove property,
pay charges, and take her away.
-. JACOB CHAMPION.
September 10, 1907. E..
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02

THE bond. and notes given a. lat.
sale, % Abraham Coleman. pre.
vlous to his removal from this state. are
Deposited in the hands Of Philip C. PEN
dleton, Esq. with directions 20 institute
suits il they are not discharged, imms-
diatsly after they become due,
! August n, 1907. 49, ~.--
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
NE w GOODS,
As'al!oeng sDhich ares.

Y ,zEss4 AgsVIb sVNtCW 0Kes- Ar 4
Fashionable Gip.ey Bonnet. quite new
Dino spill, straw and Leghorn, ditto, :
White Imperial Willow Sheets,
Black do. III. do.
s1eghorn s@5 T>s do. 49,
Gentlemen's imported Beaver HATH,
Country. made do.
Morocco and Kid Slippers, =
Broad white thread Lace,
Do. Patent do. -.
Gold and Silver Lace, IL
Do. do. Tkrssd, .
Spironett, Leno and camt,tiek Muslins,
A great variety Of nice calieoes,
j.. ~ Do. - Dimities, =.
Linens fine and coarse, ts-s.
A large number OF excellent home.rhads
tWilled BAGS, -. 4
Beautiful white and brown homemade
Linen,
Super6ne and coarse Cloths, = .
Blankets and Flannsfs, f--- : =
CHINA In complete sets,
Stone, Tin, Glass and Queens Ware,
Bar.Iron, Steel and Castings,
Light handy Iron for Smiths, drawn urt.
der the tilt-hammer, =, :.
: 4 aesD lind IF Catsne Ka;ees, (the beat
ever offered for sale ID this country
they cut straw with Uncommon facility.
Prime Soal, Upper andFIarnessL Gather.
Mems strong Shoes, -.-s n. ~
a large supply offresh Medicines,
Paints, brushes and Oil,
Fresh TEAS, s=ss=s. !. 49,: !. r.
Liquors and Groceries Of all kinds.
Wrought and cut Nails Of all sizes.
Also, large quantity Of well.seasoned
. Fine, Gal, Poplar and Walnut PLANK,
IT for immediate use. ~
nh Whichthey are selling very CHEAP.
o. JAMES & JOHN LANE.
saePhsr1s. Town, Sept. -, tso7.
rs. They particularly request ali
those indebted to them, IN any manner.
20 call and pay their respective balances
bsfore the LIST Of November next.-They
win receive Flour, Wheat, Rye, Oats
and Flax-Seed, in payment, or barter
The necessity Of punctualisy must be OBJ.
'vicus 20 every rejecting mind.-Those
who do MOT attend to thu notice, must
expect legal measures viii be taken to
compel payment, without respect to per.
sons. J.G + LANE.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
a variety ef BLANKS
Far sale al this Office.
! MARTINSBURG, Be,lelev COUNTY.
V'rginid q Printed and pubIis b.
JoHN ALBUR IT'S.


- I'm Price 9Th. Paper Is s.so dol.
tars Per an'sam, eae dollar payable at the
time J subscribing, and one s .phen ths
year exPiyss. Disfant Subscribers PAY
Jer ihe whole year in advance. TIE
tr'cs u Advertisements, 10 nsu-sub-
seribe,s, g ene% doLiar. PR I square IT,,
three Ueeks inaeytionSS fad 5oI consiau-
Sase 9tiey that time IS CENT? per weed.
Sabscribers viii continue 10 recsiipe q 70.
dleiion Q one fourth on their AdserSss.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
Observation-Disclosures.

THE partnership Of Horton g Carl
i was dissolved on the 9Th April, by
mutual consent; all those indebted to
the said Firm, are requested to make
Immediate payment to James Horton,
Who IL duly authorised to settle the bust
ness Of said Firm. IT.
: - JAMES HORTON,
*: JOHN CLARK. -
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
mEmEacrR 5,

THE0DoRE MEMENGER i.
= a1thSsised 70 settle the Accounts of
Doctor Edward Conrad, hte, Of this
Piace-Those indebted viii obiige by
paying The amount Of their aecoSnts.
sarss will be inssisuted against such -
do not shes' = disPosition 70 settle.
Martinsburg. September IS, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02

III. SAMUEL BLACEM0RE,
.;sz1z = TAKE NOTICE, +.
THAT on the 17,h day Of October
j next, ut my house, IN the' town Of
Martinsburg, ! shall take the dtpositioa
de bene esse Of Samuel Read, 70 be read
10 evidences, on the trial Of : cause de-
pending ID he county Court 81 Berkeley,
wherein ! am plaintiff, and Jon are de-
JOHN M'cLEARY.
September 10, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
FIVE DOLLARS REWARn.

=. TIVE UOLLARS REWARD.
D AN away on Monday night last.
N Negro Fans I will give the a.
bove reward 70 any person who viii dill.
verhsr to me in Martin>burg Aikpes-
sons are forwarded harbourins her, iu
any manner, as ! am determined to
prosecute any person who NAV do so.
,---z-. LEVI PRICE.
August -, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
cHARLEs. 1sE u kAcfs.

THE Charles. Town Jockey Club
IL Pure win be run for Is usual, on
the third Wednesday in October next.
Il is expected that the racing win cop.i-
nue. only two days, which win make
each days sake better than il has here.
sofore been. ....,-.... !, -#.:4 "A. z
:. GEORGE HITk,
-, -. - 50. ~ Secretary.
charles- Town, sepsember II, so7.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
NOTICE.

n Ii those indebted to me are ear
* neatly requested to make payment
before the 6rst Of October, having posi-
lively determined on settling al INV he.
Counts up to that date. and to do busi.
ness in future for Cash; Or ON a short
credit 70 punetual customers, for i i
impossible for me. to furnish Goods
from year TO year on credit those who
have secorhs wilIthereiore please come
forward and close them, By payment, Of
By giving mote. - 81
lhaye a present = very general 40
sorsmeae Of GOODS Of every dsseripti-
on. which win be sold unconmonly
cheap. -. $.z.s..<s@- -, -
= WILLIAM LONG.
Martinsburs. September II, 1901.
-a !. = ; 1t
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02

TEE subscriber respectfully inform.
- his friends and the public generally,
that he has again commenced business
g hid OLD STAND, the corner Of
Queen and Burke Streets, where he has
opened and ready for sale, = general
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
Dry Goods and
co
GrDC GENES,

which win be sold on the very lowest.
terms, for Cashier Country Produce, or
on = short credit to punctual customers.
JAMES FAULKNER. /:
Martinsburg, September II, 1907.
Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02
=: 7na Ree<iotd,
I i HANDSOME AssoRTMEAr or
Nezv Goods,

which were bought for Cash and viii be
cold unusually low. @: :. I. -, =. :.
Aartinstrsg, July 10, 1907.
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-25
FOR THE ENQUIRER,
VIRGINiENSI9.

7b' f'oqting LINES qveye Sronbtol by lie oie7u 81
'"f ""'''fH'J ""Of0f"f' on Saturday The 5b Lgf.
RfcHmoND, Auguh is, 1907.
Shall Lordly tyrants whom no laws refrain,
Dare to uiurp, old Ncptunes (ole domain
Go, bruta! LeoPat6, change by fpots and iy,
To ruthleis deeds, and llains of deeper die
triumphant ride along the briny flood,
Already buihing. with abrother's blood,
Yet time may come, when vengeance ihall avail.
my cr'mion CRIMES by yet retarding fate.
Shall Britiih rufians, depredate our coat
shan then our dear bought liberties be oR.
an no--'oofier be wrapt our towns in iiTe,
Our ieids be ravag'd, and our youth expire.
rave Patriots toiid ?-Have Heroes bed in vain
No-What our Sires acquircd-r,e will maintain
Shall 10th iuPine, unnerve amid alarm,
shall vengeance ileeP, beneath the palfed arm
an NO Ice IN martial pomp arrAy'd,
ne mounted youth uniheath the glittsring blade,
The Infantry IN wariike order move,
Fird with manly zeal of patriot love;
Inc erelted hems-the nodding piumes arir,
Move like the porten,s Of approaching war;
Inc oliver GREYs, erR-tTy'd, a veteran horde
Grid to Their aged idss--the avenying f~ord
The mutc band-the heroic bofom. IRE;
J ne Pealing drum-the changing trump infpire,
wake the heree Spirit, of our free born youtk,
10 ieenes WctorIous-or triumphant death.
Inc handard Exclusions aloft in air,
Nor breads the LYON laundering in the war.
On PUsLIc VIRTUE, itauds our rock lublme.
Nor Tears the afaultS Of foes, nor fcy5he Of tune
Around her affairs, fhall our youth repair,
Aud FREEDOM find her holy Guardians there,
And there pronounce the great and fixed decree,
1baf S0a5 IF Fresmra, svry PAIN. F,ee."
il Peaes--lov'd peaee-compell'd retire afar,
And war grn-viiag'd d, mount his eri,nfon Car:
Roaie then, ye 1oDfb--obey your Countrg's call
Pre?srd to vanquilh, or reIolv'd IN fall,
Conitious OF rignt at honor's call eatc,
You ipriDg 10 vengeance guardians of the Gate.
And, thou, o WAsmN.tog, with partial eve
Bend DER the ehryaal rsmpartsof the Ky,
ny iorsa erN ,w''h victory infpire;
1H,T''0h : whdom add 10 Msrs's SIRE,
~ ~ bat'is hour the immoral Hgis flielI,
Ihro' all the dcvsaition o. 'Ae lid,
The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-25

tons now before it, as fufiicient reaen- CSiej
JuTice admitted that upon the fate of ,he,e
Qneftions, being decided in favor of the prilon-
er, would depend the fate of the profecution.
lie was extremely willing 10 give all the time
to the council for the profec ution which they
might require for confederation of theie qucf.
t'ons.-Mr. Martin obierved that before they
adjourned he would iuegef new authorities on
two points for the confederation of Gentlemen:
|. That it was the right and duty of the court
to decide, whether an overt act has been prov
ed by two witneiIes: Cd. What authority ex-
traludicial opinions ought to have with the
court. MIR. M. alluded To the opinion of the
tupreme court in the cafes of Bollnan and
Swartwout, which has been relied on by the
proiecution as authority, that the exerton of
force is not ef1ential to trcafon. The council
FOR the priioner contend it is not authority, be-
caute IT was an ex,rajudicial opinion.
Ieiterday, the court met at IL, when Mr.. Nc
Rae proceeded with the dilcuilion before them:
This day Mr.. Writ will reiume the argument
1t is not expected that the court will deliver
their opinion before Friday or Saturday. We
ihali prefent Fetch of all the arguments, when
they are concluded.