The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-11-05
NORFOLK, Nov. I.
CASE OE HlYERS

ne superior Corr for the County or
'Vo'?oE' aeeora'nS to tazu, commenced us
scaa dap Of such iuccSsa1it ram fhaf The
Jadyc (Neison) did NOT attend. There 4yere
e,ghl criminal cases /; bnt no Prosecutor fo,.
the Commonwealth Qf,heGred.s TIE indge
ehfhtd 10 eoery M,m6e, erihe Bar, suao
had not been Previously engaged as Coun-
sci FOR the f',fsonrr, r and fh>$e zyere raze-.
well, Taylor, and Writ jto drag the ndiet-
m n., a'.a lay Them before ne Grand Jury.
6ut eOery Member effhe Bar refused. In
gchat manner then TIE c71lai,aais could b.
prosecuted, seemed a matter Of doubt and
diJienNy. II distinction zyas drawn 6etzrecr
fresentmenf and an Indictment, and IL 7rc.
contended that an indictment couid a1ot be
drawn ana fow'd by the Grand Jury them
SetUcs !; on thar Il must Be f5und 6g some
SaIrd hersen. IAe, Judge seemed to act u,-
on ms ohinion as correct one. There
co"fa' her1o''c, be no prosecution. II Cen
uenan, a transient viSifor Of .Ntrtoik, (lIr.
Skelton jones) being a soitness cfthis eztra-
ordinary scene, had obServed, IN q hy-;uofc
comhany, that if he gpas dl-aa6er ofthe
1Vorj2N Bar, ne qooufd nor refuse to hrose-
cnfeJo' tie Commensurate. Nth an,oX
t'ofzdtion ct er1trrssion, his sentia,ent soo,a
6eeanie Publicly &nozon in he Borough ; and,
HioH me strength Of ii, The Judge zvaiieL
Miion 1lr. Jones az his lodgings, and solicited
am TO act ; he agreed TO do so !; o6se7ying.
hosveper, that from the STATE ofhis hcalth,
ana from ofhtr causes, il zvvufd be in his
h'wcr TO do 40 more, than tie the instrp-s
mc''t 6y zyhich the.f firms etrthe lar should De
confhed Tcith; h zUonid drazu the indict-
nient, and lay 6efo1e Tire Grand Ju,v he
4Voula r.r0n'ine the Testimony and rad the
Idzo 20 the Jury. .Accordingly the nert dQu
mr.. Jcnes Attended bur zohen tie cath fys--
sc,fbrd by The net Of Assem6lv, comn,onfy
caAed The DueAing LazO, 4vas rendered 10
Mn'' ne refused 10 take it. Here then aguinp
question 7vas made with rte Coart, SHE
Tier any individual could acf as .Httorneu
Jor me Commonwealth zvithout taking Az
The oafhs ct office ; andth Court adjourned
until h1cnday zvithout coming to any deci-
SION Mlon the ftoint. On that day The JUDGE
dscided that any Person attointed By the
Court could hrefer an indictment 10 tie
Grand Jury qohhont taking The oaths. This
hreUious question qvas thus disclosed of Ruc
found guilty by the venire, Thai errors in ar
resi- Enlargement zvouid BE- alfred, and tha1
this foint goonid be much insisted ON b,, M
aSIe andfmgenfouS Counsel FIR the PRISONER
10 ooUiafe, her.fore, cvery difficulty, as fa,.
as this could be done, Mr.. Thomas ]. Parker
took all the oaths ftrescrbed by law, and
7Vas thus, zuthout objection, legally gualifes
Indictment for murder zuaS then sent TO the.
GTana Jury, and they fund ii a true bill.
IL atteared ho.oever, from the record, thar
ne Court rehich eat uhon ire eran,ination of
Myers IN May last, had declared that he
T0aS orfy snilty q 7'la7sslaus,hter, and not If
olnrder. IL became then a question quith he
Court, and 9Uas discussed 7Dish much a6ilily
by IWr. Taylor, 7vhctAer he Grand Jv,ft
could .fnd an Indictment for murder, 4vless
me examining Court had flreuiously enGui,,--
ed into the 96rnce, and drcided that it ss4s
nor murder, bnt rsa'slaughtcr. Uhoa this
ho'nt me 1"age, avtfh tie consent ofthe iris
oner, adjourned The deciaioaa TO tie GcneraL
CouT Tar noOehy and dgGculfy-Herald.
1T being vreN knoSsn that John EGrbey the far
~ler prose utter TOR rte conlanorzveaiH ia tAne
Of .Nyers.
WAsHINeToN, Nov cmber 2.
On MONDAY ne.t cnmIuerccs 1to 49,