Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-06-16

,,or r,.Doried To the court, by the proper
I'm Discussions of an unpleasant cha
,,Tfsr between the bar and the ,ench seem
=, hove succeeded this stage III the trans
I ,cti,n; aud although much Ot thefestimony
.vbibited 10 this court has turned on NAL
,ars arising thereafter, there are really none
ofauy consequence in Il, eyes, but Inc IN
Jauigd facts. that the court dId refuse 10
,sceiyp ana record the spnended verdict
ani did order 70 be sIecOrded that whlcn
bad been duly reported to them; aud That
:, hi. time. if not before, The tlrSt verdict
~ intrrlinei and aided 70, was wholly "o-
liberated bv the plaintiff ; counsel 80 a 10
he unintrihgibie. The discussions above
aIu,iei TO. turned on the impropr'ety OF
the order of non-suit, and the admISslblity
nj. ,ri statements contained N, hih OF
oycnoii,,ns. prepared by tie plaintiff scoun,
ssI anI The wa0ie su 'TeCt was terminated
bv that counsel Offering to the cour! the Sc
cona verdict AMI the rejection OF IT..
Whichever confusion may attend the de-
,o;Ie ri the evidence. certain material facts
ora sufficiently settled, and these furnish as
,uncb lichl a, is necessary for the decision.
/, il certain that the verdict tor ~ dolls. ~
WIS returned AMI reported to the court by
=
rs nropar organ, the clerk, and that aitho
tb;S ver!ict was amended by Tue counsel
with the consent of the jury, vet thus was
done without snv aupiicaton 20 the court
---rb,tt the ain nieaytr'icj wFS Got.rad To
g.. ury by 'hr clerk IS : ''>.' ~ 20
per IN al >ucd 'a-cs; m HaN.. ~, on
Ell q. rcn"rt',' 10 'ht c"h, uh-'' a','' Nv
jury were dschaTEed an "'>pers'' '"''
-. ~, 0cfF n n
when the C"urt vs. calteu upon I'd aCt ,ie
fnitiv"iY IN thiS subject, mere was ho'h','S
upon the ieclnrANon, on ~ "ir case, ~ nv
character Of = verdict, hut The frsl Wh'cs
htt been 20 iGterined and o'hlera'e' -
70 be uninei.iS;sle 10 the court, ani ne
.pconi. which was wholly written by the
pla.n,f's counsel, noC cyrI s'g0s b, a
mru, -rni ID, ivyl. sno wi i-H Toes -. ~
any ,notne c'er~.- appear - ht': tea
yg,iten .eie ,usG discharge. IN i,'s
s;a,e Of things question vs. ra,S"d ut tie
h,r Wba, WIS th@ true yer 'tct 81 The jury
H,rp il i very material 10 remark. TINT t
i ,mit,r,t by the nrioC,pal witness fnr he
pr, ecn.in9. himself the l'1'ntttS Coun
In i've comfy court and the pros Cutorhere,
I'm, m question ct nOn-~uton the FIRST YER
djctari tn amendments ma ct hat YER
diet " hims, # we're gong on at T." same
mon, Mt. Surely under such c,rcunStHn-
Ces il : nnovesStrained pre>ump''ua to sup
no.e hat he ,OmmuQicl IONS between that
gentleman ant the iIrv, which ha1 been
Con noted without ~ appeal to the court,
were no within Their - H~erraiion Ana
II hey were not 30 fortunate rs to catch
IL, communic I ns. whilst thy thea
Se!y,.< were. either tenn to, or deciding
on = NOTION Tor nOa-stit. there was NJ other
tins u ben they coul nave hear them from
. source tn which they oush' 10 have az
tachpl authority h discussions which
Immediately rnSucd turning on the non >iiit
auA mri,g heSe, The luTy having been dis
char5ed fn4l then vas the situation OF
the :, urt rlen Ru1iiy called on Ia record
tn .rr let II IS iSc'utc'Y certain they
had hard but one verdict IN the torn ana
maanrr uSu Oh such occ tSonS. II IS by
nOMeaus certain that they h+H heard MGHg
aasta;r before tac jury VS. discharged IL"
amenIr.i yer iic' ptcpartdahd read ny Tue
p!aiHtit ; conn'rI, an the presumption Is
that they dll not. hn' was 'liS regular
projecting Is II lhe practteo OF any wen
re- Iated court Tor ne c"rnS"' TO rrPof Tie
veri''t TO the court IS d mol known u
be uniformly lhe practice, when any mate
rial te'ltinn IS made N EeL'ilct, inr " 10
be hao'.e,' I" tae cirr" an.i by hmreah anew
20 the jury anu reported !" the court II
my indeed Som"llm's occur that IN mo-
mcui, OF carcirssnesS there may ne eX-'
cept'ons 10 tins practice, but they are
On,y to.eretet as irregularities, - total
change Of the practice m'ghl e pro tuct
I'VE ui tn wor>t cons quenc,s. When
then the court w. called on to decI'e
on reCord!n- ~" verdict, ~ one view ct
the csc, nj that 90 the most prpba e,
they did gule right IN ordering the hyst