Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1808-01-22

prepared 10 determine. Tie British 4 gent
no longer covers his intercourse with the
Indians with the common veil of decency !;
but with exaggerated accounts OF the arri-
val of British forces inviting them from all
quarters to war against America"
COURT OF INQUIRY IN raE CASE OF
GEN. WILKINSON
Wednesday, little before noon. the
court was opened; when the Judge Advo-
cate said, that having a motion TO make
which required elaboration, he would move
that the court should be cleared The court
was accordingly cleared and remained
cleared for near an hour. On the doors be-
ing opened, the Judge Advocate read the fol.
lowing decision of the court:
Perceiving the editor of public news
paper IN the act of taking notes, il was tho't
proper to consider whether the daily pub
LEGATION of the proceedings was or W as not.
consistent with the rules which the Impair
tial administration of Justice rendered IN.
disputable.
The rule IN all military courts respecting
evidence, is, that in order effcctualy to
guard and preserve its purity, no person ci-
ted to appear as witness SIN all be allowed
to be present during the examination of any
Of the previous witnesses
IT would be species Of subornation and
afford valid objection to testimony, if a
witness by hearing all that had been previ.
ously testified, should model his evidence
by that OF the witness before examined !;
tsee Iytler p. $50 yet who can say that
this previous testimony would not influence
even we'll intentioned Witnesses! And il
would certainly give consistency and unifor
NIFTY to any combination that impure witness
scs might make, either to persecute an ac.
cused person, or save a criminal.
BY the const tuition of the u s. no man can
be convicted of treason without two witness
ses to each overt act; the probable intenti-
on OF TINS was to prevent combination, for
by examining two witnesses to any one act
separately and apart from each other. a
combination would be detected but if \
transcript of the previous testimony were
put into the hands of a succeeding witness.
this wise provision in the constitution would
be rendered nugatory, and the injury done
TO the 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 to be witnesses are pc
morally present when previous witness rs are
examined; but TO say nothing of the nature
OF the case when owing to a numerous au-
dience, the court cannot tell zUho are pre-
sent, there is wide difference between
what NAV We retained in the memory by
hearing what is delivered, and having fair
c3py which might be learned BY heart; in
decd the chance OF inaccuracy in remem-
boring oral testimony is so great, that the
discovery of combination is not merely
probable but almost certain by the confusi-
on such Witnesses would he liable 20.
Military courts generally sit in earrisons
or camps, and naval ones always SIT on board
Of ships ; under these circumstances per-
sons cited to be WITNESSES are always kept
out OF court while previous witnesses are
under examination and where the audi
ence happens " be numerous or from any o.
ther cause there is a probability Of such evil
denceS being accidentally present, the Judge
Advocate expressly gives public warning
for them to retire.
No witness is allowed to read his teStimo-
ny, and so cautious are courts, and 80 anx
ious 10 guard against subornat ON that
prelir mary questions, whether the witness
has been instructed what to say, are some
times put all witness can be allowed is
to recur TO notes in cases where detail AZ 10
dates, and such like minutia, are necessary
TO establish fact with accuracy.
A court Of enquiry is in its nature a pre-
iiminary court, and may be succeeded by a
court ofiudgment. Therefore h as no D wv
err to infict punishment, nor even to give
opinion AS to the guilt or innocence Of the
accused unless specially required so to do.
II therefore the defendant now before this
court we're TO be hereafter brought before
a court martial, the publicity Of the testi-
mony would be a violation Of the fuudan,en-
tai principles Of justice, which (as far as
human nature 10 cspable) requires that the
mind Of the Judges should be uninAuenced
BY any previous information on the subject
The publication Of matters within tie iu-
risdiction and IN possession Of a court is es-
teemed contempt, and attachments have
issued on tho publishers, who being brought
before the court have been sentenced to i'm
prisonment.
From the foregoing it is clear that 10 per.