The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-01-23
COURT OF ENQUIRY in tie case o.
GEN. IYILKTNrSON

al
court was opened ;when the Judge-A dvocate
said, that having a motion to make which re-
qnired delberation. he would move that thu.
Court should be cleared, The court was ac-
cordingly cleared, and remained cleared for
hears an hour On the doors being opened,
the Judge-Advocate read the following deci-
sion of the Court:
Perceiving the Editor of public News
Paper In the act OF taking notes, It was tho't
proper to consider whether the daily publ
cation OF the proceedings was, or was not
consistent with the rules which the imparti-
al administration of justice render indispen-
SaDle.
The rule in all military courts respecting
evidence, is, that in order efectually to guard
and preserve its purity, no person cited to
appear as a witness shall be allowed to be
present during the examination of any of the
previous witnesses.
1t would be species of subolnation and
afford valid objection to testimony, ifa wit
ness by hearing all that had been previously
testified, should model his evidence by that
of the witnesses before examined Tsec Tvt-
lerp. 1901 yet who can say that this previ-
Gus testimony would not influence even well
intentloned witnesses and it would certain
ly give consistency and uniformity to any
combination that impure witnesses might
make, either to perseCute an accused person
or save criminal.
BY the Constitution of the United States,
no man can be convicted of treason without
two witnesses to each overt act, the probable
Intention OF this, was to prevent combination,
for by examining two witnesses to any one
act separately and apart from each ether,
combination would be detected but if a
transcript OF the previous testimony were put
into the hands OF a succeeding witness, this
wise provision in the Constitution would be
Tcndered pugatory, and the injury done to
5he administration of Justice, would be the
same, whether the effect were in the nature
OF mercy or cruelty.
1t might be said, that in crowded courts of
Justice, persons cited tobe witnesses are gc-
morally present, when previous witnesses are
examined but to say nothing of the nature
of the case where owing to a numerous au-
dielce, the court cannot tell who are pre-
sent, there is wide difference between what
may be retained i'll the memory by hearing
what is delivered and having q fair copy
which might be learned by heart; Indeed
the chance of inaccuracy IN remembering o.
raj testimony is. so great that the discovery
OF q combination is not merely probable but
almost certain by the confusion such witness
es would be liable to
Military courts generally sit in garrisons
or camps, and naval ones always sit on board
Of ships under these circumstances persons
cited ODE witnesses are always kept cut of
court while previous witnesses are under ex-
animation and where the audience happens
10 be numerous or from any other cause,
there is possibility of such evidences being
accidentally present, the Judge Advocate
expressly gives public warning for them to
retire.
No witness is allowed to read his testimony,
andgso cautious arc courts, and so anxious
10 guard against subornatlon, that prelimina-
nv que sLions, whether the witness has been
Instructed what TO say, are sometimes put
all q witness can be allowed is, to recur to
notes in cases where detail as TO dates and
SGch like minutiae, are necessary TO establish
fact with accuracy.
5, court of enquiry is in its nature r preli-
JIdnaIy court, and may be succeeded by a
court Of judgement. II therefore has no
power tninfiiCt punishment, ror even to give
opinion Is 70 the guilt or Innocence OF the ac-
case unless specially required 80 to do. If
-ibC.cfore the defendant now before this court
we're % BE hereaftcf bAGgght before court
martial, the publicity of tho Testimony would
be violation Of the fundameSiial principles
o. just. co, which GAS far 70 human nature Isl
capable) equires that the mind II the judi
gcs should BE uninHuenccd By any precious
Information on the subject :--1he\publicati
on Il matters within the jurisdiction and in
..,ssc IN Of court is estccTacd a contempt,
ard ttachrcnts have issued on the\pubIish-
ery Who being brought before the co}rt have
been sentenced TO impriscnme',t. ~>