Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-07-01


of vindictiveness.
| MIR. KEY rosc.-whcn Judge CRAScH suggested
that the question Of the rregulaTity Of the proceed
ings had been sufficiently argued.
Mr.. KEx then made some observations in defence
OF the course of the proceedings which had been
adopted and pursued by the United States Counsel
lie adverted to the charge which had been made OF
vindictive disposition and spirit against DR. Watkn.
As Inc did not know upon what ground the decision of
the Court might be placed but that it NAV be nfuen
ccd by the Impression thus cndcavourcd TO he siam,
pod upon Them, was necessary for him To add some
fSrnnrks To- what had fallen from Mr.. Swami He
referred to the care which hud been taken by the
chief Judge, at the commandments of the term I'm
his charge to the Grand Jury, to inlay every preu-
dice which might result from party considerations
lie said that 1t would have been the height of folly
IN them to have supposed chat the result of this trial
could be influenced by any thing but the irresistible
weight OF testimony which would be brought forward
against the accused. To huve supposed so, would
have heen the height of folly or to have SUSPECTED
that conviction could be produced by any other con-
ALTERATIONS, here where the accused was brouo M
TO the house of his own friends 10 be tried II fb.
Court believed that there had been grclt efforts to
Cypress the accused, 1t might be Influential on the
opinion of the Court. lie was sorry that nlIusion
was made tn the gross ISLANDERS hc, had been thrown
out against the Grand Jury in certain pnpers IL was
Ia be regretted that the newspapers w,r. not loi t
manage their matters in their own wey--IIe wished
that the Grand Jury woulL meet those SANDERS bv II
manly and independent lilac of conduct. He referred
10 the iahSuaee OF paper, which was calculated TO
have a peculiar Influence one OF tic jury which
was mach more likely to affect their deliberations
than the language which had been yesterday referred
TO- The United States Counsel had furbotnc To echo
The tone OF the papers; but such echo had been
heard on the other side OF language which had i.n-
puted the worst feelings and the worst motives 10 the
Government
Judge fHstUsroN said he had seen notl,iu,, of t,c
kind IN the newspapers.
Mr. KEY SAID such language had been heard ey-
efy where. II had been family echoed in this Court
Here some further conversation took Mace he
pnIi I'm.
TIC former disclaimed any suspicion III improve, con
uuct OH ne part OF the prosecutiT. Attorneys and
the latter cndeaVored 10 SHOW thnt they had not at
tempted to mlslcad or trepan the Jury.
MIR. Key then went into a history OF the prncce-
dIngs which had taken plncc. He contended That tho
brand Jury bad called TOR these instructions 10y re-.
turning one bill 'Soi'n',hs' and the finding "ir az.
Ter conversation with MIR. Swami, on WHICH /, vns
understood thai The question of law as 10 the name
should be left to the Court. He conendcd that the
bulls taken IN conjunction with the conversation with
Ar SwnBn, dircc: call on the Court for insir,,
tons 10 suppose that the Grand Jury would not
nave found the second bill. il there had hecn an cx
panntlon OF tho effect, would be To slnposc that bev
would IND bill w!:ch could hurt an individual.
ont ~onlt not find ono under which an indivicuol
might be tried Hc believed therefore Tint ia hevo
feut an explanation would have been insulting 60 the
Jury lie nd not arrOgate perfection t.r any rlan:
ana much as he respected the Grand Inry he did not
consider them superior 10 projuiices and out OF
their influence. According 20 the view taken by rho
opposite Counsel, it would seoTn that the Jnrv Ind
considered tIeir own legal knowledge superior to that
OF the District Attorney. aud even To t,at oft he Court
10 suppose that the Jury din thus believe or did
act on such principle, would render them liable
10 the suspicion oi having acted under the influence
OF certain prcJndiccs. Tic intimated, however that
me Jury q. ask for the insru ctiuns md could not
therefore, be subjected TO such irnDutation In No
other We could the Grand Jury stand justified =
To suspect that they would refuse TO take the opn
ION oil mo court, Would be to mpcnch their motives.
ne couu sec ITO reason to doubt 10 the course
whl'i Inc court were called to pursue. There
could Dc no reason to suppose that the Jury did not
desire inc opinion c! the court and had not in effect
asked FOR instructions
He cndcavored argue away the objection taken TO tie
sending second Indictment to the same grand jury which had
IS " M case a. Inc ON was only sent back TO correct
mistake He asked " mistake corrected Theo
al some length
That eish S bad heen sen, the grand jury he admitted
put he dehed proof OF those indictments without
foundation, or without just lie referred TO fnrrns
the jury that the abractwa falsely auduen;y altered
ann was thus sent to lite cnmpoc by the accused The ur
considered the crime as (raud and felony
he proceedings OF the United States ho insisted were in
been characterized by Ebearance while ON the other side
was attempted TO raise of political feeling which could
en'ed that tine jury had been duo'io u hoJ hands:
instead OF that they bad had opportunities Of obtaining imprcs
Watkins and his also lad hcen grand jury
When these individuals before the jury would have
neen moro proper 10 call the give any instructions
TO the Jury -
Mr. Coke said he had been before tho grand u hut NO, in
grand Jury as prosecutor in which he had believed
great crime had becn committed and winch he sill, believes 10
nave oeen committed Flo required 10y tie jury briGg
forward Dr. Watkins or his prosecutor This tine
only reason for his appearance and the the
OF r Watkins before te grand jury The district
had after giving suppose that he would GO on
the Jury.
Mr. Swami said few words in explanation.
Mr. Key upnion that the proper would have been
70 go to the court 10 direct proceedings il ,hc district attorney
mad refused IN act and hooh, he's, get rid Of this
charge against DR. WATKINS h' knocking the witness
Mr. Coke said that greater part of argument TO-DAY
had been oundeton impressions supposed b. made upon
the gfand jury by Improper he would suggest the
pTey of examining tho grand order they may have
the opportunity TO Tree themselves from the mpuiaton
MIR Key said there objection this on the
part Of tho opposing counsel.
Judge Cranch said the satisfied with the
men which had been made and did think necessary
examine the jury
Here he case rested
More Rejorpt" and another Editor "rrsarded. -
New York is at present, Che principal theatre of"Ro-