Maryland free press., 1866-06-28
VOLUME 1.
STATE TRIALS.

very generally conceded that ex- President Davis
Will be arranged for trial upon the charge of
treason" either in the month Of June or of July
next Has ' III III -
The trial will be the most important which
has ever taken place either in this or any other
country. No such State trial ever occurred in
England. 1t is remarkable fact in the history
of Richmond, that If the trial Of ex-President
Davis shall be held here, three of the most impo-
tant State trials. which have taken place in this
country will have occurred in this city.
The trial of John Thompson Calender, in 1900,
for a seditious libel upon President John Adams
was the FIRST Of these famous criminal cases. -
Calender himself was little worthy of the
whirlwind OF excitement which his trial then
excited.
He was foreigner who is Represented to have
been as depraved in morals Us he was malignant
in temper. His case derives its Importance from
the fact that the Democratic leaders of that day
having marshaled their forces for a terrible con-
hict with the Federal party, availed themselves
of his trial. and Of The rude, contemptuous and
indecent conduct of the partisan Judge who pre-
sided, to brake down the alien and sedition laws
and empeach the Justice of the Supreme Court,
who had made himself most odious in mercilessly
enforcing them.
The alien and sedition laws punished with a
fine and Imprisonment any one who discussed
with disrespectful asperty the public acts of the
President of the United States. Calender pub
lished harsh and vulgar political pamphlet in
Whlch ne abused President Adams.
For this he was indicted, on the 2Sth of May
1900, by the grand jury for the Circuit Court of
the United States, Justice Chase presiding. The
prisoner was defended by Messrs. Hay, Nicholas
and Writ, and the whole course OF the trial was
marked by the most brutal and indecent conduct
upon the part of Justice Chase towards the coun-
sci for the defence. He refused all reasonable
| and proper motions for a continuance, bulled
and scolded the counsel for Calender, and played
| the part of prosecutor in a manner TO completely
eclipse the district attorney. His rulings were
evidently dictated by bitter party feelings, and
not by justice or precedent.
When Writ was proceeding to argue TO the
jury that the alien and sedtion act was uncon-
| sttutional, Judge Chase, instfitingly ordered
him to takelhis scat. The counsel for the defence
| then refused to argue the case. After IL long and
violent charge from Judge Chase the jury retired,
and, after an absence Of two hours, brought in a
verdict of '!guity," and the Court sentenced
Calender TO nine months Imprisonment and i'm
posed fine of two hundred dollars. Calender
was subsequently pardoned by President Jeiier.
son, upon the express grounds "that the law was
as absolute a nulity as if Congress had ordered
US to fall down and worship golden image"
| The tempest which this trial occasioned
throughout the United States at that time can
scarcely he understood. The newspapers of that
day were, for the first time, crammcd with de-
tailed reports of the case. Virginia was in u
flame; for, even before the trial. affidavits were
crcuiatcu III Wnlcn IL was Stateu tnat, before the
| nial, Justice Chase had said he would have no
id Democrats on the grand jury" +" and that he
would teach the lawyers of Virginia the difference
between the liberty and licentiousness Of the
press" He also likened himself to a ''scho0lmas-
| ter who was about TO birch few unruly boys us
| they deserved"
His political admirers got up carcatures of this
judicial rufiian stretching in turn, Writ, Nicho-
las Hay and other eminent Virgnians across his
knee and logging them soundly. His rude,
coarse and indecent behavior during Calender S
trial was designed tn humiliate the able and
spirited bar of this city. The slaps he gave
Nicholas and Hay, at the outset of the trial. were
terrible specimens of judicial rudeness.
The offended and insulted lawyers resented
the conduct of Judge Chase so fercely, that
John Randolph, at their instance, preferred ar
ticles OF impeachment against him, five OF which
were based upon "Calender's trial" He was
found guilty upon the article which charged ''rude
contemptuous and indecent conduct to counsel, ~
although acquitted upon other charges Nothing
but party sympathy of the Federal members OF
the Senate saved him from conv. .ction by two
thirds vote, and the impeachment is said to have
utterly crushed Judge Chase.
The next great State trial. which directed the
attention of millions to the Circuit Court of the
United States at Richmond, was that Of Burr for
| treason, which commenced on the 22d OF May
1907. Richmond was then a city of only six
thousand Inhabitants and it is said that there
hSiS at vi tic thlSc tliut
number of strangers in the city. Among the
striking scenes of that day was that Of u lank
ungainy man, named Andrew jackson, who Is
described as mounting upon the steps OF II corn
er grocery, and denouncing Thomas Jefferson
for the part he had taken for frustrating the
Schemes of Aaron Burr. The trial took place
in the present hall of the House of Delegates anu
the struggle for admission was terrible. SO great
was the number of distinguished persons claim
ing seats within the bar, that lawyers Of twenty
years standing were excluded from their ac-
customed seats. Among the young men of the
town, who had succeeded in forcing their way
in was Winfield Scott, who clambered up and
stood for many hours on the massive lock Of the
door OF the hail. Justice Marshall presided at
the trial, assisted by Cyrus Griffin, Judge OF
the District Court Of Virginia. George liay,
who defended Calender, was the United States
Attorney, and with him were associated Alcxan-
der McCrae, who at the time OF the trial was
Lieutenant Governs of Virginia. Randolph
Wickman, Luther Martin, benjamin Bolts and
Jack Baker, appeared for Burr. The grand
Jurles OF those days were composed OF the most
eminent and distinguished men of the State, and
We find United States Senator (Gies) among
the grand jurors, who was rithdrawn i'll conse-
quence OF his 'prcjudices against the accused"
John Randolph the great orator Of Roanoke, was
summoned ia the place of Senator Giles, and was
the foreman of the grand jury. Contrast this
grand jury with that which SO lately met at Nor
| 'oiiAt "iiu ti'Si iio'ChiiS ~ ShuSihoouS
angue found "A true bill against Mr.. Davis
After the finding OF a true bill fourteen days
were spent in getting an impartial jury who had
''neither formed nor expressed an opinion as to
the guilt of the accused" Out Of a veRire of
torty-eght, but four men were found whose
opinions were sufficiently undecided to pei nit
them to act us jurors. There was but one jury
man peremptorily challenged by Burr. 1t must
be borne in mind that he had, but short time
before his trial, killed Alexander Hamilton in u
duel.
A person who was being examined as to his
competency as juror sharply questioned and
somewhat nettled by Burr's counsel, turning to
the spectators, said; 81 am surprised they
should be in such terror of me. Perhaps it is
because my first name is Hamilton" ''Thdt
remark" exclaimed Burr, isl sufficient reason
for objecting to him. challenge him peremp-
torily." Out Of second venire Of forty-eight
all. had formed unfavorable opinions as to the
accused, and matters looked so desperate that
the counsel for the defense moved to quash the
trial for the simple that no impartial jury
could be obtained. A jury, however, was at last
obtained by permitting Burr to select eight jurors
| ,l,N dad al, in