The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-07

tabnshed; ara n long cou.i r of experience in
that country has perhaps attefed it's convent.
encies. | am unwilling. to- wave altogether the
practice of Virginia. That courfe which ap-
pears TO me Inc helt in this cafe confidering the
great number of council who are employed
aud the benefits of ,econciiinc the faving of
time with the clear treating of the cafe is per.
haps the following: Let the cafe be fully o.
hpened on behalf vt the u. S. and the teftmony
on that fde gone through: Let one of the op.
polite council afterwards open the cafe on be-
halt OF the accuted, K the tcflimony on that iide
be fully exhibited; then one OF the remain
ing council for the U. s. my comment on the
whole evidence, who may he anfwered by the
council for the accufsd; until at length the
argument is clefed by the remaining council for
the ptoiecu,ion. However. this is a cafe, in
which do not pretend to dictate.
Mr.. Fay. Were this f,litary cafe, Sir, !
ihould feel but little folicitude on the fubject.
But as we have repeated lasonrs of the fame
fort to undergo, 1 nun coufefs that it is with
much regret / hear the decfion of the court.
| The oppoii;e council have rot 70 much labour
upon their ihouders; becaufs they are 70 nu-
merous THAI they may eaiily divide and reduce
| it.
Mr.. Bolts fhggefed the propriety of adjourn
| Ing the court till tomorrow, when fome ar
rangement might he adopted on the fubietf.
Mr.. Hay. There is this ferrous objection to
the arrangement of the court. underitand that
af'er one OF the council has opened the safe,
he is to retire from the action unlefs TO crofs.
examine the teftimony exhibited on behalf of
the accufed. Now how many council arc on
the other Tide Five or fix perhaps as many
| as ieven. And underffand you, fir, that the
two remaining council among ourelves are TO
antwer them all. 1t would be mott oppreffive
| labor upon the lait, who winds up the proiecu-
ton, to be compelled to anfwer all thofe who
preceded him; and ihould really fuppofe that
the hrft who opened the cafe, fhould be permit
ted to come in at the clofe of the argument.
| MIR. Martin. We have no objections, fir, if
all three were TO come in.
| Chief Juj9iee. / repeat it, that am not TO-
lici'ous to adopt the arrangement which has
been fuggened. But as to the objection
which has been urged, it feems to me, that the
lame argument will often be repeated by all
the counfel for the accufed, and that of courfe
the council who clofes the argument will have
nothing more to do than to collect thefe argu-
ments together and anfwer them all the fame
time. The labour cannot therefore be AS great
as has been Represented. However, if the Ara
council withes to come in, / certainly can have
no objection.
Mr.. Hint 1t is fcarcely uecefIary, fir, to
call the court together tomorrow, for this
purpofe alone. Whatever arrangement be
adopted, we, fir, fhall readily acquiefce, il
two gentlemen at leaft may be permitted to
divide the burden of anfwering Fix or eight.
MIR. Wickham fad there would not be 70
many.
The queftion was then waved for the prefent
and the court was about to adjourn, when COL
Edward Darlington (of this city, rofe and in-
formed the Court, that he had been 70 mach in
d'fPoied on Monday, it was impofiibe for him
10 attend that his name having been called
over on the jury, and not having anfwered, he
had conceived it incumbent upon him to pay
10 much refpeet to the Court as TO appear be-
fore 1t and to account for his abfence. Whe-
Their he fhould be able to ferve hereafter, it was
impoffible for him to fay.
The Court then adjourned until Friday l2
O'Clock.