Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-12-03

Where person, therefore chuses to pro-
coed by indictment, he has no right TO ad-
dress the jury, unless he be gentleman at
the bar. That opinion has been solemnly
pronounced by all the judges of the court oil
kings bench; and, on late occasion, in
which refused 10 permits person standing
in the situation of a prosecutor 10 address the
jury, my conduct was reviewed by The
which | have now delivered 10 you was
founded in law, and that opinion has been
sanctioned with the appreciation OF several O.
lher judges with whom have spoken. We
have at every assizes, and under every com
mission ofgaol delivery in London at every
court OF quarter sessions holden throughout
the country, great number Of prosecutions,
instituted by private individuals, in which
the name of his majesty is used but in
none OF them is it ever thought that the per.
son prosecuting has a right to address the ju-
ry. The course taken on every occasion of
a criminal prosecution is,where there are de-
positions, that the judge refers to them, and
examines the witnesses one by one accord
ing to these depositions.
Where there are no dispositions, as in ca
ses Of this description, it has been usual for
the judge 70 consult the persons prosecuting
as 10 the manner OF bringing his case be
4 &. L. IL.
per to be examined. That is the way in
which justice is administered in such cases,
and that is the course Of proceeding that |
meaa to aGont upon the present OCCASION
Mr. Hunt will communicate with me and
give me the names of The witnesses il he is
disposed to proceed in that way, it shall be
| done. If am wrong in the decision have
thus pronounced, he may apply to the court
of kings bench hereafter, lit can be per.
mitted TO him to address the jury. tell you
now, however, beforehand, that this is the
only course shall allow and il you do not
chuse 10 have justice administered in your
case, according 10 the ordinary and establish
ed rules and opinions OF the judges Of the
land, the record must be withdrawn.
Mr. Hunt trust that you consider the
opinion Of 4 judge is not infallible. Your
Lordship may be liable 10 an uninlentional
error, and l.
Chief Justice. claim no infalliblity :;
and if | am wrong, am willing to have my
errors corrected by the authority that has
power to correct them. ] am here as Judge
10 pronounce the law of the land, and if you
do not chuse to take the law from me in the
! way have pronounced, now state that this
case shall not BE- tried
Mr. Hunt. You say that persons prosecu-
! ting cases at the ass.es and sessions are not
allowed to address The Jury.
Chief justice. | will not hear any more.
Mr. Scarlet here in,erposed, and said, that
he should support the interests Of his client
in the manner sanctioned by law.
MrHunt.7 The learned counsel has no right
TO interfere.
Chief justice. Call on the next cause.
The associate accordingly called on ano-
Their cause.
Mr Hunt. Then consider tina, have not
only had a delay, but denial ofJustice. DO
you chuse 10 call on this case or not.
Chief justice. chuse to call this case on,
provided you are willing il should be tired
according to the legal course of the proceed
ings OF this court, and chuse to scquisce in
my opinion that you have 10 right 10 address
the Jury. If you do rot address the jury.
the case shall be tried.
Mr. Hunt, Let the case be called on and
The jury sworn, and then you shall know
how shall conduct my case.
Chief justice You are deceived if you
think shall abandon my duty. shall do
nothing but what is agreeable to the laws of
The country and shall not yield to what
you consider TO be the course o proceedings
here.
Mr.. Hunt have been illuminated
come here for redress, and shall do my du-
". Your lordship said, awhile ago. that
wa. bold mar am bold in doing my
duty. am bold in tue cause Of justice &
| demand thai this case may be called on, and
that may be suffered TO proce cd in my own
way,
Chief justice. Then tell YOU, sir, that
shall suffer no man To iIsp such language i'm