The Virginia Gazette

WILLIAMSBURG, July 3, 1766.

WHEREAS the admitting Colonel CHISWELL to bail is much censured by many people, I hear, and an anonymous publication in the Gazette before last shows the warm zeal of the author against it; for publick information, and to remove the bad impression it may make on some, for want of a true knowledge of the motives that prevailed on the Judges of the General Court to take that unusual step, I do hereby certify that it was not done without first having it under the hands of three eminent Lawyers of the Court that it was lawful for us to do it; nor, as to the expediency, was it done until two depositions were taken before us, by which it appeared that though it was a most unhappy drunken affair, and very culpable, yet there was no malice prepense, but a long intimate friendship between them; that the first assault was from the deceased, who threw a glass of wine in Colonel Chiswell's face, both much in liquor, which was returned with the bowl of punch, and so assaults on both sides were reiterated until Routhidge took up a chair to knock Chiswell down, on which he sent his man for his sword; but when brought to him naked, he got his back to the wall, and stood on his defence, pointing it out, and calling several times to take Routhidge out of the room; that accordingly one was carrying him out of the room, and at the same time two men seized Chiswell's sword arm, and held it so strongly that it was impossible for him to push forward; that Routhidge broke from the man that was carrying him out, and rushed suddenly back, the candles being then out, and to all appearance rushed upon the sword that was pointed out. How this unhappy affair may appear upon the trial, I cannot say; but, upon the whole, we were induced to think, from the opinions and facts laid before us, that his case was bailable; and having that satisfaction as to the legality and propriety of it, we did, on four worthy Gentlemen entering into a recognizance with him before us, he in 2000 l. and they in 1000 l. each; admit him to bail.

Waving the dignity of our stations, which to some perhaps might seem to forbid this popular address, it can, I think, ill become no man to remove publick misapprehensions; and so leave it.

JOHN BLAIR.