The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1880-09-02

shal had some difficulty in finding Ca
lender, and, in lamenting the fact, Judg
Chase said to Mr.. James Triplett, q
sworn to by the latter on the impeacf
ment trial. "I am afraid we win not b
able to get the ID rascal at this court.
Mr.. John Heath, on the same impeact
ment trial. said that he was present whe
the then marshal stepped into Judg
Chases room with a paper. The Judg
asked him what he had in his hand
The marshal replied that he had 9Th
panel of petit jury summoned for th
trial of Calender" This, the witnes
said, "was after the indictment was foun,
by the grand jury. After Mr.. Randolph
| (the marshaD had mentioned that il wa
the panel of the petit jury that he ha'
in his hand, Judge Chase immediatel.
replied: Have you any of those creature
called democrats on the panell' Mr.
Randolph hesitated moment, and thel
said that he had not made any discrun
ination in summoning the petit jury
Judge Chase said: "Look over it, sir
and if there are any of that description
strike them off, "This," said the wit
ness, sis all know of this affair"
When the jury was called, Mr.. Mich
olas, one of the counsel for Calender
and who had tried in vain to get the cast
continued in order to get witnesses which
it was sworn were material to the defence
objected to the jury because one, at least
of them had INDUCED in expressions hos
tile to the prisoner. Mr.. Bassett of the
jury said that his politics were Federal
that, while he had never seen or read the
book, "The Prospect Before Us, for
the publication of which Calender was
indicted, yet he had read extracts from
it; and if these extracts were correctly
taken from the book, and if the prisoner
was the author (Which latter fact was not
denied) it was seditious act; that he
Ghe Juror had formed and had expressed
an unequivocal opinion that the book
was a seditious act" The judge consid-
cred the juror a good one-a very good
one for his purpose-and he was sworn
and carried out his avowed opinions by
finding the prisoner guilty.
To prove the truth of the charge made
in the book on which Calender was in.
dicted, Col. John Taylor of Caroline
county, Virginia, one of the oldest of
Nirginia's great men at the time, was
made witness to prove that John Adams
had owned and avowed himself to be an
'aristocrat," one of the material charges
In Callender's book that caused the writer
to be indicted for sedition. After Col.
Taylor had been sworn as a witness,
U uuSo Ouas0 uvmauucu W KNOW what
they expected to prove by the witness
Mr.. Nicholas, one of the Callender's
counsel, stated in general terms that he
expected Col. Taylor to tell all he knew,
and that probably the examination would
point out new questions to be asked,
which he did, as follows:
!. Did you ever hear Mr.. Adams ex-
press any sentiments favorable to mon-
archy or aristocracy, and what were they2
2. Did you ever hear Mr.. Adams while
vice president express his disapprobation
of the funding system?
8. Do you know whether Mr.. Adams
did not, in the year 1894, vote against the
sequestration of intercourse with Great
Britain?
The judge decided that the questions
should not be asked, and Col. Taylor was
not allowed to testify, and the reason the
judge gave was most singular. The
charge made by Calender against the
president in his book, and for which he
was indicted, was that President Adams
is professed aristocrat and has proved
faithful and serviceable to British inter-
ests. mo evidence" said the judge,
"can be received which does not go to
justify the whole charge. Now, you must
prove both the points or you prove moth
ing, and as your evidence relates to only
one Chat Adams had openly declared
himself an aristocrat) it cannot be receiv-
ed. You must prove all OF none."-
These, the witness said, was the precise
words of the Judge.
Not allowing evidence unless it, by the
same witness, proved true all the mani
fold charges made by Calender, and be.
ing thus without evidence to prove by
the same witness all the charges true,
Mr.. Writ, afterward, the distinguished
attorney general of the United States,
addressed the jury on behalf of his client.
Quoting "Benton's Arrangement of the
Debates in Congress, and in that por.
tion which relates to the trial of Justict
Chase, We find that Mr.. Writ said this
''The counsel for the prisoner were
placed in very embarrassing situation,
That the prisoner, during the same term
was presented, indicted, arrested, arraign
ed, tried, and that this precipitation pre-
cluded the possibility of obtaining wit
nesses or of making the necessary arrang
ment for arguing case of SO much mag
nitude--
''Here Judge Chase interrupted Mr.
Writ, and told him that he would no
suffer anything to be said which reflect
ed on the court.
s'Mr. Writ said he did not mean t.
reflect on the court; his only object wa
to apologize to the jury for the lamenes
of the defence.
"Judge Chase replied that his (Wirt' S
apology contained the very reflection hs
disclaimed, and desired him to go on witt
the cause.
"Mr. Writ then said that an act of as
sembly had adopted the common law o
England as q part of the laws of Virginia