The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-17
SATURDAY, June 18th.

Mr.. RE'r thought it proper to mention, that his
council had under0ood, that fspplemental charge
had been written by the that it had been put
INTO the hands OF the Attorney Of the United States
and that 1t was to be fhown 10 his own council be-
lore 1t was delivered. From the want OF time how
ever, or from fonle other eauie, j, had not yet
ben iubntted TO his council The court had yeiier-
day requetted copy Of his proportions, that they
might Judge OF their application and if fatisfed on
that point, that they might give additional inllru al
ons to the Jury. HIS ceuniel had complied with the
requeit and though il poilble for the court
a. hrit to have perceived whether a supplemental
charge was netehary, yet it had now appeared from
the whole eoprle-of the argument that each of his
proportions would come before the Grand Jury. If
the court was iasled on the law, they would OF
tainty inirua the Jury iuoh points feemed ine-
vitality to come before them But If they had any
doubts on the law, they would certainly require an
argument and that he was then ready to demonlrate
the truth OF each of the proportions which he had
Submitted. File ihould make remarks on the con-
ismption OF time, of which gentlemen made 70 ma
ny complaints he fhou!d only obferve, that three
weeks ago he was ready tn argue ,hefe points. But
he was even willing limit the time to be employ
ed spon the Preient argumeE; even toa certain
number OF minutes; he willing is argue
the points IN the way of notes fubniitted to the
court
Grief JnRiee tated that he had drawn up a
supplemented charge, which he had fubmitted
TO the attorney for the u. S.; with requeit
that 1t thou!d alio be put into the hands of col.
Bs council; that MIR. Hay had however in
formed him in the converfation which he had
juft had with him, that he had been too much
occupied himfelf, to infpeet the charge with
attention, and deliver it to the oppofite coun-
Tel ) but another reafon was that there was one
point IN the charge which he did not fully ap-
prove. lie ffIould not therefore deliver his
cha ~ 4 4,
Monday. In the mean time Col. BIS council
would ave an opportunity of infpecting it -
and an argument might be held on the points
which had produced au objection from the at.
torney for the us.
Mr.. T.. R0ndoibb. Is it the wifh of the
court that the argument Gioud be carried on
orally or in writing p
G. JnFiee. am willing to hear the remarks
on both ides, in writing.
Mr.. Hay Objected TO this method from the
exceiiive laSour which it would impofe upon
them either way.-The Cbief .TnRiee declared
that it was perfectly indifferent to him.-Nr.
Martin afured the court that it was perfectly
convenient to him to argue the point either
orally or in writng.-Mr. Witbbam ftated,
that the Attorney for the u. S. wiliied 10 OBJ
jet to certain proportions which Col. n. had
Unlimited to- the court that he was ready to
go into this d1Cui!ion Immediately that the
Attorny tor ID, u. ). preferred al argument o.
rally before the court to one in writing aud
that this was in fact, the very oourie which
Col BIS council had frft recommended. MIR.
w. hoped that this Supplemental charge would
be given 90 the jury, before the wilnefes were
TENT up /; that the couniei for the proiecuton
preferred the contrary, bat certainly the mott
improper courfe.
The Cbief J4aire obfervcd that the court
would aio have wihed that the charge fhould
have been delivered, before the witnolIes were
fent up: but that it was almoft Indifferent 20
him, whether the tetinony was fubmittcd to
the Grand Jury before or after the delivery OF
the charge that il was often the cuRom for
the Petit Jury itfelf to bear the teaimony be-
fore the law was expounded aud the fame
practice might extend to the Grand Jury iGI
It was extremely eaiy for them, after they had
beard the teliimony to- apply the nnm6tous o
the court and diftuguil,thole pats which were
admfhole from thofe that we're not 60. II wa.
not for inGanCe ahfoiuteIy neceiIaryfor them
| 10 know, previous 20 the delivery Of the charge
! that two witnedes were necessry TO prove th,
overt act even before Grsad Jury. Wher
the charge bad been delivefed ,ihat principle
would apply TO the ,eaimony which they bac
; actually beard and though it was dedrabI,
/ that the Charge iaupld preeede the teitims
1 ny, -; Il was no: 70 eaenlial as 20 tsterrup
The proceedings.