Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-07-03

ifdone in his absence or IL done 10 his
presence unless il be proved that the ac-
cused was aiding or assisting. -"
An act shall bind q person connected
with the act, but the declaration shall
not bind him because no part Of the act.
M'Naily cts 10 6I6.
8. The declarations Of others cannot
be givenin evidence on the present en-
curry to support the charge q treason or
GA nisdemeanor under the act of con-
sres. 18th June, 1894, unless 1t be prov
co that the accused was present and as
scented thereto. II 90.
East es-ip case Of conspiracy comics.
sions good against Nm who makes
them but not against oilers, Peake B.
Confess, Peake Z H9rsay-Kelyng
a.. lsth> M'Nally 4o-4i, confessions Of
one cannot be read agtnst others.
X w.. Sd Sufe Trial S74. =
A relation Of what had hesn.doue NO evil
- r. >: ,5M'Nally, Gle.
Declaration Of Others i. not exidsuce.
4 State Trial 192-196.
6 State Trilis a1s in the presence Of o.
theirs hey aequieseing.
Mr.. Hay opposed this proceeding
He cOhtended that the court had NO right
to give specific Instructions 70 the grand
jury. afterthey had been once generally
charged by the court that such . course
vas contrary 10 alliaw and all precedent,
that not single instance could be quoted
TO support il and that there we're eogeut
and in this instance particular reasons,
why criminal prosecutions shouldbe suf-
fered to progress without these interrup.
lions. =. He further contendsd, that the
Chief Justice had anticipated such q
situation and that the language in his
charge clearly indicated his expectation
tina. bills would be laid before the grand
jury on the ground Of sreasons and that
Nnder this expectation, the Chief Justice
had dilated on the nature oftreason, and
given all the information which he
thought material: that there, was NO
reason 1t all, Why A. Burr should enjoy
GREATER privileges than any other man
why he should rake up all The old, mus. ,,
ty and absurd doctrines. Of antiou;tv.
and have them enlisted in shis service :
and that he stood on eSs very same
ground As any other man 4 ti1at perhsps +,
all the propositions on MI. Burrs list |
would not be wanting at al; or If there
should be any necessity nr them that !
these questions might be discussed as !
tAcy successfully arose !hat these dis.
cussions would necessarily consume ,
much Of his own time as veil as the time
Of the court. which might probably Be
devoted to more useful Purposes : and
after all, the grand jury might refuse to !
hear any Instructions, and in tina, case
how could they be contrpuled bv The
court: If the grand jult determined |
to pay no regard to il, f what avail |
would be the recommendation Of H.,
Court for it wassin fact nopnore)? And
ifthey we're TO find Accepting to their
own opinions, and in the id way. how |
could the court know of ilhis variation
Ard how could they reetify it!
MIR. Bo'ts replied. he tsated that n.
gentlemen had demanded. precedent,
and yet twas but the oiiler day when
that very gentleman had enquired why
We so constantly r-sortedto precedent,
and why We did not sometimes consnl, I
the principles Of con- mon, sense the,
the grand jury was not that lawless mob, +
which the gentleman had seemed to re-,
present them, aud that they would no,
certainty aer asriuss ,ths.. !,
vas properly eEPounded, "a. them by the
head OF the coart-that although the 7
rhlet Justices charge, was extremely |
able, YET it was impossible thar i. could |
be SO comprehensive as it might now be |
made, from the information which has
SINCE occurred and that the very ne. !
ressity OF giving any charge At all shew. I
ID the Propriety Of psrfectins il ina,
t was not col. BIS desire to consume
much time, as it was his most earn.st
wish to eud a. once the bonds of recor- !.
AiZancc and the Duhlir nra;nd;S. LIZ