Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-17

I this was nor more printlple Of natural
4 ius,iee. than maxim Of the common law,
which NE have inherited from cur lore
fathers; that the same right was sernred
| By the constitution OF the Uaitcd States,
which cnsitlc every man under criminal
prosecutionao fair an trial by impartial
inry. Can il be said however, ,hatsny man
is an impartial jnryman, WAC has declared
the prisoner 10 be guilty and 70 have DE-
served punishment # il be saidthat he
has made upon This opinion, but has not
..1heardthe testimony; such an excuse on'y
makes the case worse for if the man has
decided upon Sufficient testimony. il aoani.
tests a bias that completely disqualhes
himself from the functions of a ;iu5yman.
tits TOO general aques,ion to ask whether
he has any Impressions about colonel B.
The Impressions may be so ligh. that they
do not amount TO 40 opinion of guilt; nor
do they go 10 the extent ofbc!ievlng, thar
the prisoner deserves capital punishment.
Win respectio Mr.. Basse,t's epiuion, il
was true he hadresd ".The Prospect be
fore u. !" and he, had declared that It was
aiibel; but Mr. Bassct had formed no
opinion about James Thompson Calender
being the author. 1t was the sane priaci-
pie in the present case. If juryman was
10 declare that the a,temptto achieve the
ACKNOWLEDGMENT cf the union was treason,
it would be no complete disqualification 5;
but it would be the epplica ion Of tha,
crime .soI4 particular Individuals would
b. the fixing Of i. on A. B. THAI would dis.
able him from serving in his case. Lesths
eoaosel then proceed with she enquiry.
Mr.. Botts. Have you said that col. B..
was guilty of treason? Mr.. BuckY. No.
ooly declared that,he man who acted as
COL b. was said to have done, deserved TO
be hung. @. Did you believe sha, col. B.
waa that man! A. did, from what had
heard.
Mr.. Hav. Understand then, that the
aaes,ion proposed 10 Cailender's case is to
be overruled?
Gbief Justice. My brother Judge does
not recollect wether it pariicularly wet
10 the indictment. -
Judge Griffin. think the question was
!" relative 90 the matter in issue"
Mr.. Hay. The very position that have
laid down
Chief fustice. The simple question is
whether the having formed an opinion, not
upon the evidence 10 court, but upon com.
mon rumor, man is eompettntto decide
upon the real testimony Of the case. Eut
in my opinion .tis very circumstance only
disqaali6ss him the more. =
MIR. Wir,, addressing Mr. Buckeye
Did understand ysu to say thu. you con-
cluded upon certaipesumors you may have
heard, that col. B. deserved to be hung!
A. did. @. Did you believe these ru-
aaors? A. I did. G, Would you, If You
were juryman, form you opinion upon
such rumoTs! A. Certainly not.
Mr.. III Rea. Did you form aud express
your opipio nopcn the question, whether 40
overt &C, Of treason had been com mit.ed at
Blaunerhas:et,'s island? A. ltwas upon
{ other runners, and not upon that, shat
had formed an opinion.
MIR. Martin Submitted it to the court,
whether he could be considered ss an im.
partial Jury mar. The court decided that
Mr.. Bucky be put aside.
2. James 6. Laidley stated, that he had
formed aud expressed some opinions unfa.
porsble 70 eel 3. that he could no. pre-.
tend to decide upon the charges in the TO-
,dictmens, which he had not heard; lha. be
had principally taken bis opinions frou,
newspaper statements. aud that he had
not, as far as herecoIlecsed, expressed an
opinion that col. 3. deserved haosiug.-
Mr. Laidley PIT aside.
8. 1ames Hamihon being ebsllenged for
cause aud sworn. stated that he had fern.
ed aHd expressed an opinion from hearsay,
that col. b. was guilty Of treason, and ia
that particular line Of treason ia which col.