Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-09-23

court was SIMPLY one Oh law mat the Coul.
sci for the prosecution then embodied their
construction of The act, in the prayer which
they had addressed to the court that thew
sought oaly to relieve the jury from the Der.
plexity of legal inquiry, 10 which thew
could not he supposed TO be so competent
rs the court, anu that they should be per.
fectly satisfied with any instruction as 10
,he law. which The court should think pru.
per to give the jury. The cour, would Oh.
serve, that there were three counts IN the
indictment +; the two first of which embra.
ced the construction given to the act, by III.
counsel for the prosecution The third count
was founded on that construction, which
was advocated on the other side, so as 10
leave the jury at liberty, undert the construc.
ton OF the court, TO lind tie prisoner guilty
under either, or all The counts, or not gully
at all, according 10 their view of the eyi.
dence, and as | 90 not propose 10 address
them. | will only add, that whatever Yer.
dict they can reconcile to their conscien.
ces, will be satisfactory to us; content, Is
we shall be, with having done our duty.
JOHN ALExAHpER's CASE.
MI Writ had not intended 10 address
one word TO the Jury-he had no incIina.
ton To put their precious time in jeopardy
dy Tie use of that dangeroa, ueopOn Tie
tongue. He was rather too old 10 speak
for display, and too tumble TO hope Tor
success, ii he should attempt i,-ss 10 the
multitudes who have been said, 10 have
hung in transport On his tongue, he had The
modification TO acknow ledge, that ii such
muI,itudes ever existed any where, but in
the Imagination OF the young gentleman,
who mad maze the remark, they must have
been easily transported indeed. For my
own part (said Mr.. Writ lha,e never seen
them, and after have made but few Oh
servations, those who hear me, will readily
discover The remarks To have been al;ose.
ther uniounded. The gentlemen have told
you that they are volunteers in this cause.
and if the honor OF volunteers is 10 be mea-
sured by the desperation Of the cause in
which they embark, the gentlemen deserve
as rich wreath oil laurels as ever graced
the brow of the bravest OF the knights Vi
Malta. One Of the gentlemen bad paIda
compliment to bis understanding al the er.
pense of his sincerity. MIR. Writ was
frenchman enough to thank the gentlemen,
for the bright Iside of his remark, but he
must take leave to disclaim the other Ina
case involving lie, Mr.. Writ observed, he
wa, not disposed TO do violence to his own
feelings, in the discharge Of official duties,
nor was there any official duty in tie case,
which called for such a sacrihce. He was
the agent Of government, 1t was true-but
OF a government, not disposed illegallyto
take the life OF an individual. The case
before the Jury, Mr.. " irt continued, va,
a most atrocious one. The jury should
consider themselves the trustees Of the
lives and property OF the community onths
one hand, and OF the life Of the prisoner on
the other-all considerations OF feelings,
therefore, were at least balanced-and the
case was left to rest where their oaths mad
placed it-on The evidence. II the tesllmo-
ny does not cover the case, the jury were
bound to acquit the accused. II il does CO.
yer the case, their oatbs and their duty
bind them to find him guilty. Mr.. WIT
observed, that one is never too old to lean
something new-such he found to be hH
case in the present instance. lie haa al,
ways understood, and wherever, he had
pfacticcd, he found it to be so understood,
that the Judges Of the court were the judges
the law, and were to instruct the jury up.
on the law.-Certain it was, there va;
no more complex and obscure science IN The
world-one, Tor the accomplishment Of
which, the lucubrations of twenty years
were required, and the student was but
sciolist in his profession. For instruction
to the jury on the law, he had always been
in the habit of applying TO the court-for
this the court GENERALLY composed Of men
learned in the law was Instituted. lie
was surprised to find IN these cases the gen
tlemen had adopted course OF proceeding,
altogether without precedent. On Salur'
day, the gentlemen addressed the jury
through the court to day, they have re,
versed il, and have addressed the court
,hro' the Jury but Mr.. Writ presumed,e.
very thing is allowable in war. Dir. W.T.
said. that he would now inquire, wheiher.
this case came within the latter clause oil
the law, so as to make the offence capital.
He observed that the prisoners voluntary
wasgood evidence against him.
self. He enquired what was this case II
appeared by The confession of the prisoner,
that this affair was planned. in Philadelphia
to rob the mail, and if necessary in effect
ing it, TO take the life OF the drver-they
arrested him on the highway-proclaimed
high-way-robbers," armed
with pistols and dirks,-it IS asked if they
meart to use them The prisoner an
,wered the question in the Affirmative
These are in brief the facts-and unable TO
assault this fortress Of facts, the gentlemen
have directed their battery against the law.
How do they do it? BY addressing the
cour;-no--they do not choose TO take mat
course-,hey prefer addressing the jury OF, on
the !aw-they purposely turn from tne
court and address the jury upon the law
in The case. Dir. Wirt asked the jury II
they would consult carpenter upon The
best style Of a cotilIion, or darcing master
nm The buiIdinO nj housp-if either oil Inc