Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-26
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:ncs wais:. s{fer Mr.. Hay haa conciuacu,
A sa0is a', - proseed to the 9
X was about : :e,, Eaton was sworn hen
y,a r, rose and objected to TINS 0rae t. =
ur. Du the Witnesses. lie sala, el,ss ~ )
ssan'a Ivy not statedahe nature @ Mr. La.0n !. J
Hai nau AV but he presumed that It reiate :
tsssiInoDy -sat;oI,s at Washington. Mir.
ssf'an asr object is 70 prove By HIM Wasl :
Boy. ;n.d in his deposition. NJ BIT. ~ ~
son'a ~ upon them first e Pfoye wnal TUG
I'VE ean ~. Ire Tread established toSbe the course
sourt nas line s. an overt act. Why waste $ OF
), a no purpose at great expen1e and
vsess HE and after all to know n2saiIlg
sr ssls 8 releyast.so The point at issue
S''seA .ro,,raent then ensued upon TINS quess-
al ,,,etained the court till z o'clock at
bon VIM .Messrs. Bolts. Wickharn, Lee, and
|blsn!. .,lvoeated the necessity of proving the
Aafai' as srst. Mr.. Writ opposed the mo-
po1 s.., frs, laid a great STRESS upon the
~, f,amerb given by che sours, re-
dsels', ,bis same point, on the saotion for
''' Vs. col. B. Il higher sail; they stated
n0'uI 10 order of evidsncs was a part o.
'aa' -, ~ Il the esidtnse that The court
- lodge Of the competency 81 -sr
w. We ADD Ina, nbaa rghs 20 stop any
Os :ssaee. which ,h.y deemed lmnsssrlal !;
s =, !, vas Of no agailto prove ieieaatlens,
ai -. IN over, act had been established !;
o 9, !, : wri, Of elre.men, il would be
s.. S,,.lous 20 o. gin with The boundaries DC.
~. i. ,isIs was proved. so II was lxPro
IVY : hso;r with the declarations OF col.
\ 81 B, vaS aay conversations unsif,he overt
,s, sbown; ,ha. these deciaratioas
ss.ld ssly BE adni,isd. as conhsma,ory
ss;d,ors that il would beipecu.iar.y hard
\, .ny in.lisiIdssl for his whole life to be,
,,oossd 10 a. cour', every conversation
r6ieb be had bsld, or every innocent de-
cs,auop whisAssss bad ever gaads, before
4, va, Known whether any actual cfiass
,ould be proved against him ; that II the
Earusrculo or was thss pFoceedssgse ssycsope
&, .sidsncs as 10 intention oriys the court
kb,d ! rgh. 10 stop him, and Jraalre him
! II give syiderce Of the ACT itself that If
! Il was 10, so,..as s,Igh, be going on TO
] charge a man accused OF marder with q
EmsKeoans insen,ios, when ths rsao said
{,o Be murdefed was actually aiiys; or 81
arson, ghsn the house was standing. They
cited variety of opinions and cases.
FIudee Issdell's opiniea il The case OF Fries
/ 3. le4. vaughan's case. $ ST. Tr. P II.
| IL Ms,snssr'ss ST. TIP SIS. 8 81.
IT. P. 2to.
Mr.. FIR conlesdsd, thar from the first
foundation Of eouns so.his day. II was he
practise for the. Prosecutor, who was sup
] posed 10 knox Ihs.e,idence bsst, 10 dis
/ play it 10 his own wsv, and that isswould be
. dlsrssFee. ,p, the Attorney for he U. s.
FiowWe this practice on the present occa
sion saba, the chronological order which.
|Ihe attorney was about 10 pursue, was The
hcidcsdsr of natsrc hr,sslf; THAI thr. pro.
per course for .sntigh,cu,ng the minds OF
the jury vas 10 take the conspiracy from
pshrat birth 10 Us consuunmarioo would
man begin tale q, The end cf III? Would
40 historian eommence ,he American re-
so'asion ss,she siege Of York; Fhas the
'aswas to bring II noshiag which did rgl
!sashsas issue: bat ,hs, the intrnlion was
sa'np0rians fsstnss ia that issue. And
nov are ihr Juryio be dispersed of The
ssun Knows, they have 20 right TO keep
nom snsra any evidence touching shs 49,
cue. u the prosecutor er,a,ss that he IS
sO0us to proceed TO The in.saiion, can he
'0a's sal, that: il proves net the overt act,
.aa sasn send the jury cat Iredelle's o
p'n'on IN Fries esss, p. tn. s. And who
a"os The Judge ef+,he evidence 10 prove
'as overt ac,s The court. is the cour, 10
aup'ae Prosecutor? Is then the conu To-
s'0'p TIE right of deciding upoH s,he evil
ssaes Asso The former decisions Of this
ssu''' soere we're two circumstances 70 c.s.
ss'a ls,. The court wished TO avoid
.r.ss asahe public mind by a ncedless
n,os 'ay O evidence, aud called upon The
On as'eoior Co prove the overt &C. hrst.-