Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-17

gument was resumed By Mr.. Hsy :. - a.
was suceeededby Mr.. Randolph. "a0
On Friday the argumeas was soo,;,,
BY Mr.. Martin and closed by Mr.. Bass ~
The eoars hare NOT yer gwen ,h4ir ds. ;'
sion on this interesting point. Mr.. Ha'.
observed that IS gen. Wilkinson N. Oh, na
be expected in shors time, bsfsrs ~
court, il was desirable to obtain a prs.a.
decision. ~
On the conclusion Of this argument NJ,
Burr addressed the caur,: he obse,,.t
that this was perhaps tho mos, proper Tim.
for renewing the motion which he had SOM
| time ago made to the court, abou, ci,;r.
more specific Instructions to the grand ii ,,s
on certain points of evidence. rhr..
points he had reduced to writing 10 ,bs
form OF abstraes propositions, which h.
would sak- the liberty Of reading 10 Il.
courf:
The following is a list Of these prcno
sitions, with The authorize. cl,ed "a
support them.
1. That the grand jury cannot, consist.
emily with their oath, find BIZ sxcsp, On
such testimony as would justify a pei, il.
ry to find the prisoner guilty.
Foster 232 sec. 8 Sd Ins,i,uie IS; Cd n.
stitute 3s4; DAl,on SO; Judge WI
soo's works, vol. I'd. se4 T. w. vii,
liams justice Sd vol. printed 1884,; 81
State T.4l9. 42o and sir John Hawk.
observations, 4 S. T.183; 4.h Black.
500 70 sos; I'd Hale chap. 8 page g.:
Wilson'S edilicn with Wilson'S no,e:
% Hale chap % page 157 with Wilson.
note; Cd hall chap. 90 page las viii
Wilson'S note, Euuomo's Del. "a sec.
sspagesi24.5e; s,s:e T. pages; Pcs.
ter, page s32 sec 6.
3. That DO testimony or witnesses
cughito go to the srsnd jary but what Al.
legal and competent to svppors the shng,
abau. which The epqsiry is made.
Daaby's case, Leech AS, chap lsz;DoAd,
case Leech 50 chap. r. ,esmmoowsalh
of Virginia VS.. Hophan. Walss ard
DAVIS before the G.. court a. AYiiIia@s.
burg.
3. 1ha, the grand jury csuuo, rearas
bill for treason for levyirg war against The
u. Sunless they have TWO witnesses sao
sResrse the overt &C, Of the treasonlid
in the Indictment; both which witnesses
are believed by them.
Easts Grown Law chap. Cd sec. e..
Tia. both must.be believed, Sd SAFE Trl.
ais page Sc.
a. That there must be TWO witnesses 10
the grand jury Of eact over. act, follows
also as consequence from the former po'
siiion, ssat ehsy must have such tes'ln0'
ny as would Prerequisite for the Petit Jury.
S. That the Grand Jury csnno. sada
bill for treason ia consequence of any eo''
.fessicns made, though proved by swo Wit
.nessss. Foster 24l~~ 4 Black.
Constitution Of he u S. Article 8. Sc.
s-GfaydcDs Digest II = Judgs irede'a
ehalge-F,ies's Irisl 171-l72 Fash
96 07.
6. That as the grand jury only hsa' .'l.
dence On the part Of he state, if upon that
evidence taey entertain doub, of the 'rua
Of she charge hey ough, Dot TO find 'hs
bill, as tie presumption IS ever in favor o.
innocence.
l.t. MeNslly 9 to 6.
2. No act Of third person can b: gives
IN evidence against the accused to prove
him guilty oftreason, or Of misdcmean''
under the law of the 5th Juno 1894 auis',
that ace is proved to have been COMMITTEE
by the advice, command, direction, or ~
stiga,ios of the accused, if done 10 hlsar
sesce or If done 10 his presence unless
be proved thar the accused was aidIDs@
assisting. III
An act shall bind person connected WIN
the act, bat the declaration shall not bl'0
him because ne part OF the act.
MNally SIS to 6lo.
8 The declarations Of Others esnno'o DC