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

AUGUST 5tn, 1907.
| PRESENTATIONS MARSHALL, Chief Juflice
OF the United States.
Mr.. Hay rcquelted that the names of the
witnefIrs might be called over, who had not APP
peared on Monday and of Whole arrival he W as
not yet informed.
| The following witnefIts aaf1vered to their
names Charles Wylie, John Graham, Samu.
ell Swartwout, Julien Dupieltre, P. H. M.
Prevoit, Iirael Miller, William Eaton, George
Morgan, Cyrus Jones, Simeon Poole, Dudley
Woodbridge, John G. Henderfon, Samuel
Monkey, Ambrofe d. Smith, John A. Froft,
and Hugh Allen.
The names of the witnefles being called o.
yer, Mr.. Hay obferved, that the court would
perceive that tbe,number of witnelfes attending,
was greater than it had been on Monday
that he Pretumed the whole of them would be
| here in few days (; that he had no doubt they
would go into trial during the prefent term ; but
| that he could not now furnifh the accufed with
fuch lift of the witnefies as was required by
law ator though he knew their furnames, yet he
was ignorant of the chrifian names of many &
their places of re6dence. He was not &C, ain
to what day the court might properly adj
journ.
| Chief Ju/7iee. 1t is of no fort Of difference to
the court whether it adjourns from day to day !;
| or to a certain day.
MIR. Bots. We muR obferve again, that it is
fuffcient for us to have the names of the witneff
esw.sh0u. being particularly exae about their
| Mr.. Hay There will then be only one more
e'rcumitance necefiary to go into trial: it is,
| to know whether the material witnel1es are pre-.
lent. If gentlemen accept of the lift which
an prepared to make out we may perhaps 20
into trial on Friday. But preiume, if other
witHe1ies may pc iummoned, and appear, whole
\ names are not ON the lift, that they may be adj
ded from time to time.
| MIR. Wiekham. Perhaps it may be material
to know the places of reiidtnce of fome of the
witnefies: fuppofe the attorney for the u S.
Will furniih all the indications, that he may poi.
iefs, for afcertaining that circumstance.
e. Jyfiee. All that we can fay is, that if the
lift made out fhould not prove satisfactory, the
caufe cannot proceed. Let the court be adj
Journed until the day after tomorrow.
Mr.. Hay. l mutt take the liberty of men.
tioning one circumstance which may fave the
trouble of the court, if it can be adjufted, be-
fore the jury is impannelled. 1t relates to the
manner of proceeding in this trial. The prac-
tlce IN Pennsylvania is the fame as it is in G.
Britain. After reading of the Indictment, the
council for the proiecuton fate the cafe and
the facts on which il will be fupported wit
Heiies are then brought and examined on be-
half OF the profecutiou lie council for the
accuied next itate the principles of law on
which they oppoie the charge, and then exhi-
bit their witneffes and the attorney for the
profecution then winds up the argument.-
This is the practice in Great Britain and in
Pennfylvania but not 70 in Virginia, where
thort ftatement is frf made of the cafe then
thu teffimony on both Fl es is exhibited which
lis finally argued and commented on by the
council On both ides. 1t is almoft indifferent
to us, what courfe is puriued thought thcud
! prefer n herl nf,a Al
to fave the time of The court. 1t reits with the
court to point out the iyfem, which lha
be purified. / believe that in this fate there
never has been fuch trial as the prefent a
trial for treafon.
M. WIekbnm. This is a point, Sir, which
never has occurred TO US. We prefume that
the general practice will be purified: though
certainly a deviation might be made, if there
was any real necefiity for it. We ihall conf
der the Preient motion a mere intimaton of
the wlihes of gentlemen and we may hereaf-
ter clofe with or Object to their proportion.
1t has been matter of deliberation with them,
| but not with us.
C. JyRiee. fuppofe the prefent motion will
be brought up on Friday; but if in the mean
time the gentlemen on both lides can agree to
any arrangement among themfeves, it will mott
certainly meet the convenience of the court.
| Mr. Hay. Mr.. Vic khan 10 mftakeu in fay-
iIS, tHdt Il il Win US matter OF deliher alton :.
becaufe it was only mentioned among ourf.lves,
in coming into court. 1t was at firf indiftr
ent to me, what courie fhould be purified; but
| it becomes LET'S 70, the more think on the fun
jeet. The arrangement is important one,
not only in rela ion to this caue, (if we can fee
any end to it J but to fevera others of the fame
complexion. am informed that Blannerhar
felt was yeterday brought to this city and il
is rumoured that MIR. Dayton is in the neigh
bourhood
Mr.. Martin could not fuppofe that this mo-
ton had been made on any deiiberation: He
prefumed that the fame courfe would be DUR
/ fusd in Protecution for treaion as for muir.
| der.
Cbief .TIPiee. We need not come to any
arrangement at preient: But If gentlemen can
agree any mode among themfelves by Fri
day, it will be acceptable to the court
! Mr.. Hay. ihal beg leave TO obferve, fir,
that this cafe may be opened on Friday, and
if the Engllh mode be purified, it will be o.
pened in very different way, from that which
is pointed out by the criminal practice of V,r-
ginia. Is it not better, therefore, to ADOPT
fome previous arrangement on the fubieGl
! Mr.. NTckbam. Certain habits, Sir, are fami-
/ liar to us all we feel at home, while purifying
them and 1t produces ipecies of embarraG.
nent to de part from them in any degree. We
are ued, for example, 10 certain ways of pro-
ceedng in criminal proiecu;ions: Why, SIR,
depart from them, to run into embarranment
| But il is time enough TO decide this auction,