Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-10-26
Swift and others have terminated We find no
;cr IN tba ,,onercs ,f a ne w trial

the Jury came into Court; and being questioned
as to their verdict, declared that they had not
and could not decide.
Judge Edwards asked whetherit was not pos
sible that they could agree upon special ver-
dict, accompanied by statement of facts to be
Explained by the court.
Mr.. Wallace, one of the Jurors said he saw
no prospect of coincidence in opinion, and
that the difference seemed radical
Mr.. Fitch, another juror, said that the jury
was not unanimous in its opinions as to the guilt
or innocence of any one of the defendants.
The Court deliberated for a few moments;
when an order was given to the clerk to with.
draw juror and the jpry was dismissed.
1t is understood that the jury were divided in
the following manner:-Seven to five for con-
victing all the defendants, and eight to four for
convicting all but Henry Eckford.
MIR. Jacob Baker said that he presented him
self to the conrt in obedience of their requisi-
ton, amenable to their directions should they
still hold the same mind as 10 his conduct.
Judge Edwards said that the circumstances
had warranted the course. pursued by the Court
II would be remembered that il had been re-
peatedly stated from the bench that the wit
nesses must he protected from impeachment
while under examination. Mr.. Leavitt was up
on the stand, * question was put by Barker,
Of which the Court required an explanation, as
It's relevancy was not clearly perceived. Mr..
Barker said he intended to impeach the witness
Mr. Leav:tt then asked if he intended that he
should impeach himself Mr.. Barker answered
that he had done SO already in his opinion
Now to the Court this declaration appeared
highly offensive, and a departure from the re-
the dignity of the bench.
During this statement Mr.. Barker seemed
very impatient to be heard, and repeatedly at
tempted to interrupt the Judge; and when per-
mitted, said he always intended to show the
most marked respect to the Court; he had gen
orally agreed in the opinions OF the Court du-
ring the trial, and when he did not, he attribu,-
ed it TO his own Ignorance. And ifthe Court
would please to consider the situation in which
the defendants in this case stood, they were
prisoners on trial, not TO be condemned by any
one until found guilty: 1t is far from me to wish
the protection of the Court to be withdrawn
from the witness; but think the prisoners are
also entitled to protection; and you will recol-
lect that the witness did take it upon himself
to say that had committed fraud; and now
if ! am able to show that the witness is wrong
in the statement that he made will it not be a
sufficient defence for what dropped from me.
Judge Edwards.-No, the question is not
whether Mr.. Leavitt's testimony is correct.
Barker-The witness usurped the preroga-
tive of the jury, and took upon himself to de-
eide upon my. conduct. He swore that | had
committed fraud. Now the face has not been
shown, and there are other Inconsistencies in
his testimony, which makes it very doubtful
He was going on to characterize the testi-
mony Of Mr. Leayitt when he was stopped by
Judge Edwards, who said that Mr.. b was de-
parting from the question In hand. The Court
had already expressed its opinion Of the testi-
mony of Mr.. Leavitt, and they still thought that
he had given his evidence with frankness and
consistency If on all subjects his memory was
not clear it could hardly be imputed to him
that his forgetfulness was wilful
Barker acted upon the principle which
have followed all my life; when | received a
blow to strike back
Judge Edwards. But, Mr. Barker, this must
not be permitted in court Of ju slice.
Barker You will please 10 recolect that
was induced 10 say what did by question
put by the witness. was IL manner provok-
ed TO it.
Judge Edwards No provoe alton from the
witness COulu authorize you 10 Insult Tue SouFt
Barker. Iwish TO go on and show that Leaviu
had been peached-may be permitted?
Judge Edwards No sir, that is not the ques-
ton. Ii will be remembered that in consider
alton that you was pleading your own cause
without the assistance of a lawyer, the Court
overlooked many similar offences previous TO
this: they were certainly not SO gross as that
now under consideration, but highly improper.
When however, you violated propriety in so
glaring manner, it was impossible that the
Court could pass it over.
Barker Imeant 10 assert only the truth; II
there was any thing insulting in it, ii was my
fault.
Judge Edwards The Court will now adj
;ourn 10 NEE, to- morrow morning, when they
v i'll decide what atonement will be requisite.
The Court adjourned.
We publish this evening another supple
ment, which completes our report OF the trial.
FROM LIMA.
Commercially Important On Friday last we
received, and published, from an intelligent
Baltimorean, at Lima, an interesting letter, Civ
ing the state Of tina, market on the 9Th July,
and list of vessels in port, being considerable
later than our former advices from that quarter.