Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-11-07


senied on the evening before had not altered
his opinion, hut had been induce To agree 10
the verdict of guilty under the impression that
II written statement oi his VIEWS which he
had prepared, might be permitted to accom-
pany it.
| AT two o'clock they again came to The har,
when The court discharged the jury. IT being
! expressly understood that such discharge was
"ubout the consent of the prisoners counsel,
ana directed the cause To be tried anew.
Tn Wednesday the twrniy-second, the
prisoners, heing gain called TO the bar, offered
| by their counsel special plea. setting forth
the particulars of the furner trial, aud prayine
! n discharge on the constitutional provisions
that no man shall he twice in jeopardy for the
same cause, and alleging the discharge orthe
former Jury as equivalent tn an acqniial To
tins plea the attorney of the United States de-
INJURED, and the court directed an argument
on ITS validity, which consumed the remainder
al The day On the following morning the
court delivered learned and elaborate upin-
ion, overrnling the plea of the prisoners, aud
directing the trial To proceed This opinion
was principally directed TO two points, 1, that
the lives of the prisoners bad never been in
jeopardy, as that word is applied in the consti-
tuition and by the common law that the in
SANITY ot Juror is one of those cases of me-
crsslty III which the court may exercise sound
discretion to Discourage jury, il being essen
iiaI Tor the due administration of Justice.
great difficulty now arose 10 procuring
Jury. The perrmptory challenges 10 which
Tue prisoners were entitled by law, exhausted
The panel before the number of twelve was
completed. The marshal Was then drr cted
TO lock the doors, and choose the remainder
from among the bystanders. Almost every
Individual thus called had already formed or
expressed an opinion upon the merits of The.
case; 40 that il was not till one O'Clock and
not until about thirty individuals had been re-.
Jected, that the jury could he formed. The
eNldNnce upon the second trial nearly CORES
pnnned with that in the former. II was,
however rendered more tragicay interesting
by producing the shirt which the captain wore
when he received his wounds, md which was
as completely covered with gore as if il had
been stepped in cauldron of blood. Thr waist
coat, which Smith had on when the contain
shot al hun, was also brought forward and
sh"wed concIusively that ne nsrIsf have been
a dying man before he was thrown overheard.
ihe whole charge of the gun had entered his
right breast, and so near was he To the cap
tam at The time he fred that the waisrcnat.
winch he threw ofithe instant he was struck,
was scnrched by the powder
The arguments Of counsel were conducted
with increased interest, and lasted until three
O'clock on Saturday afternoon, when Judge
Washington delivered the charge of the court
III nearly The same terms as before. intmating
slnllar SpInIon against the prisoners on the.
hrs' count. The Jury again withdrew and the
c"urt adjourned Nntil evening TO receive the.
verdict II they should have agreed bv thar
tm@. In the evening great crowd assrul-
oltu' Notwithstanding the unlaVuuIable stale
gu inc weather Ia hear the result of the trial.
The Jury came in. without having agreed. anil
~
the court Judge Washington repeated a
PORTION ON c!iarge, and they again withdrew.
hey Then sent to ask that The district attpr-
ncy would come into their room, upon hicll
'hat gentleman, accompanied by the prisoners
counsel, complied with the request still,
however, they were unable 10 agree and ,h,.
court then adjourned until Monday morning.
On Monday The jury again came in, aud nv
thrIr foreman Informed The court that there
wa: u" prospect OF agreeing for that one in
dINIduaI was resolved TO perish rather tl,an
yield. Judge Peters, who At that time nrrs,d-
cd Judge Washington being sick, informed
them That there was no legal ground for !; dis
charge, and that they must again retire To their
room lie Jury having DOW been more than
0u n"urs Without nouishNrnf, il was propos-
ed that they he allowed 10 refresh Themselves
To winch the counsel for the prisoners CONSENT
ed without hesitation. They continued fo-
Sr'h'' rom mat Time until Yesterday AT noon
when They offered To the court a s0r, of spr.
cla' verdict which so modified and mitigaled
| the offence rs tn make il different from anv
that was charged IN the indictment. The
court of course were not authorized To receive
IT. and informed them that they must find the
charge as II was laid, or else entirely ac,,nif th,.
Defendants. They again retired, and I'm 6f-
/ teen minutes returned with verdict of NOT
GUILTY.
We cannot dismiss this report without adj
vN.ertlng to the animated aud successful cxcr-
lions made in behalf Of the prisoners by the
gentlemen engaged in their defence. When
me honorable Judge himself declared that they
had nohy discharged their duty, we shall be
excused for the remark, hut seldom have men
charged with crimes owed so much to the man
~ and intrepid el0queBce ofthrir counsel as the
persons arraigDed on this occasion. They
fully sustained liIe high reputation which has
so long illustrated the Philadelphia bar.
Franklin Ca-.