Norwich bulletin., 1915-01-07
FAMOUS TRIALS
TRIAL OF CALENDER.

The freedom or the preSS1n America
 is now a foregone conclusion and one
 can hardly realize that only little
 more than one hundred years ago re-
 markable trial was in progression to bring this about. James T. Callender
 was the editor of the Richmond Ex-
 aniner. His scurrilous biting psn was
 always at the service of the highest bidder.
 Under the provisions of the odious Sediuon act, anyone who wrote, print
 ed, uttered or published any false,
 Scandalous, or malicious matter
 against the Government, the Congress, or the President of the United States,
 or which tended to bring them into hatred or contempt, could be punished
 by heavy fines or imprisonment. The sensitive, crochety nature of Presi- dent Adams had doubtless been stung by the lampoons, and it is easy, there fore, to see why the case involved so much interest. The sedition law had been invoked by Calender in the pub lication of his libelous pamphlet ''The Prospect Before Us.'
 The judge who proposed to try the case was Samuel Chase, one of the signers of the Declaration of Independ- ence, who had earned a reputation as a pugnacious lawyer and politician who sought quarrels and delighted in them. Therefore, none doubted him when he descended into Richmond, Va, with a copy of the pamphlet in HIS IlGIlu ana vow cd puIllSn US du- l thor, nor did anyone doubt the story that he had instructed the marshal to see that none of those creatures call ed Democrats" were to be on the Grand Jury. At the United States Circuit Court at. Richmond, the pris- oner, his bondsman, MeriWether Jones, and his counsel, Messrs. Hay, Wirt and Nicholas, formed an array in whom the bar of Richmond were well content to trust their dignity and 1,.- Il-.- hear the judge who had been so much discussed.
 Yes" they said. Judicial tyrant might bully and awe the Pennsylvania of Maryland Bar, but the profession of Virginia knew a thing or two which would"
 Like a schoolmaster entering the room after an absence the hustle and chatter halted as the much talked Of judge strode firmly to the bench. The proceeding was opened by MT. Hays l plea for an adjournment on account Of l the absence of a witness, which was not granted. Then he asserted that there was a doubt as to whether the pamphlet contained Hbelous state ] ments or merely matters of opinion. But he was not to proceed. His l honor did not propose to listen to any Arguments concerning the conStitu- tionality of the law. and that if the counsel imagined that the court was 1 going to grant 2QJOuFnm6ntS Just to wait for missing witnes, the counsel was mistaken. Let the jury be i'm ] paneled at once!
 Then the junior counsel, MT. Mich 1 olas, proposed examining the panel of 1 jurors, consisting only of eight mem l bers but he was fiputed and overruIed and finally routed altogether Then 1 the senior counsel. MT. Hay. pro- 1 posed examining the jurors individ
 uaily, but before he could frame the N., terrupted from the bench. Only cer- 1 tain parts of the pamphlet had been ] recited in the indictment, and these were very mild reading. But, never theless, they were clearly within the l provisions of the seditton act and was needed to complete the case for ] the prosecutor. Chase proposed to l establish this by the testimony of the printers and publishers of the book. l These men could not be compelled to | answer the questions Hay insisted 1 and 1t was in vain that he protested | against the injurious and illogical ac- l tion. But again he was interrupted | contradicted, baited and bullied until l the whole court roaFed with infectious 1 laughter
 1 Wirt then began to address the jury
 and to endeavor to take advantage of
 the prejudice against the sedition law, l but as soon as he began to argue f I act. he was abruptly halted and si-
 fenced. He piled with a repitition of the statement in another form. With l a howl of rage Chase ordered him to 1 his seat and forbade the discussion of the act. It was now the batter that l was baited and the judge was in a l frenzy of rage. Wirt once more turned 1 to the jury and quoting the sedition act, calmly proceeded to discuss the forbidden subject. Finally bowied down by Chase, the junior counsel took up the same line of argument until virtu- l ally s1rfothered with contradictions and interruptions from the bench. Then the senior, Hay, continued the attack, l and when insu1ted. fat1y contradicted l and interrupted at every turn, brought l the unseemiy contest to a terse close
 by gathering UT his papers.
 1 When the judge, almost blind with
 rage. saw what was happening, real l izing that perhaps he had carried the matter too far, he addressed counel with surprising de1erence: Please to proceed. sir, and be assured that you will not again be interrupted by me. , l After two hours a Yrdfct Of guilty was recorded, and kae prisoner sem fenced to nine montfas' Imprisonment a fine of S2ee and required to find
 suretfes for good Behavior for the l nmwsssaf7 f1f ttErAs sFaaPx.