Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-06-25
And the court thereupon adjourned until
Tomorrow morning at 10 o'clock.
United States Navy Yard,

"emoe's present, as on yesterday. Lieuten-
ant kennoD and the witness, Captain Porter,
appeared and the Judge Advocate informed
the court, that he had "a proposition for their
consideration, which ha had received from
Captain Porter: upon which, the court was
| cleared, and the proposition read as follows
To put the accused and the prosecutor
in perfect equality before the court, the latter
respectfully requests. that he may be permit
ted to pernse every proposition handed in by
the accused, before the court act ON it, in or
der that his objections, ifany should arise, May
go on the record With the proposition and de-
cision. ..,
"The prosecutor regrets there is any ne
cesssify he should appear, in any character
before TINS court but, having received the
order OF the court to appear as witness, he
perceives the necessity of acting AS prosecu-
tor, and, as such, he respectfully asks know
ledge of the proceedings had On this trial, of
WHICH he is totally ignorant, except what he
has learned 10 the character vi witness"
| And the Court decided
That Capt. Porter This examination conclud-
ed) be adnl'tedas the prosecutor in the
now pending. That, as to any proposition
which may be handed toto the Court on the
part oil the accused, the prosecutor shall not
be permitted to peruse such proposition, be-
fore the Court shall have acted on it.
Inc Court was lhereupon opened, and the
above decision read.
! Capt Porter prayed that the Judge Advo.
cate might read to him the question, and his
answer thereto, in relation Ia the proprety ot
II. Kennon's publishing his orders, while the
| Weasel was then under another officer, crus-
ing under those orders which prayer being
granted, and the same read TO him, he desired
that his answer To the question referred to,
might he placed upon the record, thus amend
ed: think 1t would be- AS proper tO publish
them at (:he) one time as the other"
! Froposlon by the accused
| The prisoner respectfully asks of the
Court that he may b. allowed To be in open
Court, when the record of the proceedings of
the preceding dag are read, for The purpose OF
Informing himself more distinctly than h..
would otherwise do Of the proceedings of the
| trial.
He asks, ton, that the matter intended to
br the snbjrct of any private drlibera,sn of
the Court, which dues not concern the Court
Itself, but may lead 10 a decision affecting To-.
trial, may be distinctly announced to him in
open Court, that he may thus have an oppor-
tnnity OF offering such suggestions and conn
menis thereon, as hn may he ad, sed are legal
respectful, aud proper.
these applications are proper, he hopes
10 De inutilsed u they be contrary to the IL
sage of Courts ia he hopes that the
Court will find, in his inexperiencr and lha,
of his counsel on such matters, AN apology for
II the application"
The Court was cleared for dclibera,iun on
these propositions, and IL was decided as fol-
lows:
The Court admit the first proposition oftht
accused, and the same would have been grant
ed at any previous stage of the trial, had the
accused offered the least iutimaiion oil his wish
| thereon.
As to the second proposition the Court
| nave already decided upon a similar rrnpus-
ton on the part of the prosecutor, and the
same rule will be adopted on the part of the
| accused.
l The Court was then opend. the above de-
4 cslon read, and the cross examination of the
accused resumed
| Question by accused.-Are you quite GER
tain, sir, that the matter stated in my charges
ana specifications, specify the grounds of my
arrest
Answer. / have no other charges against
LII. keDnOn than those that have said before
the Court.
Question. Some ofthose specifications are
derived, sir, are they not, solely from my
publication of the 29th December for exam
pie, the last specification y the second charge
| Answer. Yes, sir
Question. Did you not apply for my ar
resi- before you had ever seen or heard of my
publication of The 29fh December, and, in
| deed, before il came from the press. ! mean
the article referring 10 L. Wilson's certificate ?
Answer. did apply for your arrest the
evening before l saw that publication, and |
was informed of your arrest before saw it
but, believing that you were not authorized Ia
make such publication, as prisoner, more
than at any other time, made ii the subject
Of specification.
Question. How do you explain, sir, that
publicatIon, not known 10 you, or heard ofby
you, before you applied for my arrest, was
yet one Of the causes ofmy arrest /?
Answer. did not say, to my knowledge,
sir, that that specification was one of the
causes of your arrest; il I did, did not intend
nv apsw er should hear such "A CONSTRUCTIVE
| certainly applied for your arrest before ina,
publication appeared.
Question. If yOu are not the author orthe
Anonymous publication in the Georgian. did
not intend to apply the expressions, confirmed
IN my publications. to- you. The matter. then.
is very simple one +; If you are not the author. |
this ground OF my arrest is Mt once removed \
say then, sir, 1t you please, and say explicitly.
dId you apply To yourself the words intended
ny meteor an anonymous writer? dou't ask
you who the author is
Answer. did apply to myself the obser-
vat'Ons referring To the author but, for the
reasons before stated by me, and because the
publications themselves were so strongly in
dcalIve OF his intention to- apply those obser-
vatIons to- me-, that could entertain no doubt
upon the subject.
Question. Although 700 decline to an
swer my inquiry, u you are the author Of the