The enquirer. [volume] (Richmond, Va.) 1804-1815, 1808-04-08
IN THE CASE OF JOHN SMITH
SENATE, APR1I. /, 1908.

IN THE CASE OF JOHN SMITH.
SENATE, April 1, 1903.
Ihls being the day assigned for hearing conn.,
sci, the President said the Senate tere ready to
hear the counsel of John Smith, in any thing they
had to offer why the resolution for expeng him
should not be adopted
Mr. fd0asss submitted it to the Senate, whe-
Their II was not most proper that the counsel
should be permitted 20 shcw cause, why the re-
port should not he adopted. He remarked that
IN like cases the whole report, comprising the
grounds on which the final resolution was found
ed, had been the subject of discussions and of APP
probation or rejection. He considered this the
correct course, that the world & posterity might
Know the grounds on which the Senate acted
"A snort conversation ensued on this suggest
on of Mr.. Adams, in which the principles of the
report were incidentally noticed In reply to Mr.
Adams's remarks, il was said that il could not be.
expected that deliberate BODY however agreed
1n tie guilt or innocence of the accused, would
be able 10 unite in their agreement to a compii-
Gated report, embracing variety Of abstract and
disPutable principles.
Mr. Giles intimateG the idea that this discussi.
on was premature that rs the Senate had bv
their vote determined to hear counsel on the
report, 1t was proper that this course should, in
the present stage of the business: be pursued
After having heard counsel, it would be for the
Senate, as they then should see At, either to de-
eide on the resolution alone, or on the report con-
nected whit
This suggestion having been acquiesced in,
without any vote,
Mr.. Key, Of counsel for Mr. Smith, asked for
subpGnas tor @essrs. Davenport, Morrow and
Sturges, of the House of Representatives, to at
test the credibility of witnesses and likewise
Tor subpoena for gen. Wilkinson
II was intmatea that the usual mode of pro-
ceedng IN such case to request the atten-
dance of the members of the other House
Mr.. Key then opened the defence by a few We
~ concise preliminary remarks He observed
that the counsel OF MIR. Smith felt highly graft
he'd IN appearing before the Senate with body of
testimony sufficiently strong to fiatter them with
the assurance of favorable result that all the
apprehensions which had arisen from the distance
and the extent of the testimony were almost re-
moved and that although testimony was still
coming ia, they were fully satisfied with that they
had aready received.
He SAID that they would be able to shew that
the testimony o. Elias Glover was not worthy of
credit. He admitted that if his testimony were
correct, John Smith was unworthy of his seat ;
but they would he able entirely to destroy its
weight by destroying his creclbty. They would,
likewise, be able 10 sncw that there was nothing
else IN the other testimony which materially at
tected the character OF the accused. They would
also, alter this, cIltcr into consideration of the
principles on which decision in this case ought
TO be made; and endeayor to shew that that de
cision could only be made according to legal evil
Judicial
principles, ami tliat the accused consequent
ly entitled to the same privileges as lie would be
IN court Of justice
Mr.. Key said he would first proceed to offer
dispositions to discredt Elias Glover He would
shew that he had not only made charges, which
were contradicted by respectable testimony, but
likewise by his own declarations at other times
He would commence with the proofof his gene
raj character, and shew that it had Deen such C.
yer since he entered into life, as to destroy the
weight OF his testimony he would shew that
nc had III several instances periured himself He
would then shew his inducements to pcriure him
self IN this case, by establishing the existence of
combination, of which he was the head to ru-
III Mr. Smith
Mr.. Key was about to read sundry dispositions
taken at New-town, Connecticut Previous To
ms nc read the certificates of notice given by
Mr. Smith 70 Mr.. Clover of his purpose to take
dispositions relative to his character. From these
t appeared that Mr. Smith bad on the 10th of
February notified him of his intention to take de-
positions al Delhi, N Y. ON the 18Th Februa-
ry-at New-town, (Con) on the GOt-in the
MISS. Territory on the 25th-at Cincinnati the
Mr. Crawford objected TO reading these depo-
siuons. lie observed that they went seiiOu Is
70 Affect the Character of MIR Glover that the
Senate had, IN such case, prescribed that tie
dispositions should only be received i'm case offea-
sohabie notice having been given to the person,
whose Character was intended TO discredit: that
III TINS case no such reasonable notice had been
ahowed; that the notice was too short to be of
thc least use to Mr.. Glover
Me- Harper, ofcounscl for Mr.. Smith, obser-
Eed that as much time had been given by Mr.
smith as he could possibly spare IRE times fix
ed ior taking dispositions at the several places had
been as distant they could be, consistently
with Mr.. Smiths getting the testimony forward
ed 20 the seat OF government blythe Isl of March /.
the period then fixed by the Senate forhs hear
me-.
Mr. S. Smith stated THAT, although tie reso-
luton hNing the LIST Of March for hearing had
passed ON tie Doth Of January, the notices Of Mr.
9"dth were not dated till the 10th Of February.
AZ BeTysyillc, in Virginia, where he had M,
hem into the pest.oilcc.