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Domestic News July 30, 1806

Norfolk Gazette And Publick Ledger

Norfolk, Virginia

What is this article about?

In New York, the circuit court convened with Judge Talmage presiding. Witnesses were examined, prosecution closed, and defense attorneys Colden and Hoffman argued the defendant's case, emphasizing the jury's right to judge law and fact, while analyzing the indictment and evidence.

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New-York, July 23.

The circuit court met this morning, at 10 o'clock, pursuant to adjournment.

Present, judge Talmage.

Henry Mack, Godfrey Crawford, Thomas Lee, David Gelston and Richard Platt, esqrs. being examined, the attorney-general informed the court, that he had closed the examination on the part of the prosecution.

Mr. Colden then rose, in behalf of the defendant, and addressed the jury, for nearly two hours, with great perspicuity and energy. After a pertinent introduction, he stated, and discussed the position, that the jury have, in this case, the right to judge of law, as well as of fact. He then examined the letter and spirit of the law, on which the indictment was grounded; took a minute and critical view of the counts of the indictment, investigated the testimony exhibited in support of the charges against the defendant, and by this comparative view and application of the law, of the facts alledged, and of the facts proved, endeavoured to shew that the defendant ought not to be convicted.

At half past twelve o'clock, Mr. Hoffman rose on the same side of the question. After a very judicious and eloquent introductory, he discussed, with great ability, the position, that the jury was to judge of the law as well as the fact and enforced his arguments on this point with manly strong and pertinent authorities. He then proceeded to the merits of the case before the jury, and was speaking when this paper was prepared for the press. As far as Mr. Hoffman had proceeded, his argument was one of the most perspicuous, learned and eloquent we have ever heard.

What sub-type of article is it?

Legal Or Court

What keywords are associated?

Circuit Court New York Trial Defense Arguments Jury Rights Indictment Examination

What entities or persons were involved?

Judge Talmage Henry Mack Godfrey Crawford Thomas Lee David Gelston Richard Platt Attorney General Mr. Colden Mr. Hoffman

Where did it happen?

New York

Domestic News Details

Primary Location

New York

Event Date

July 23

Key Persons

Judge Talmage Henry Mack Godfrey Crawford Thomas Lee David Gelston Richard Platt Attorney General Mr. Colden Mr. Hoffman

Event Details

The circuit court met at 10 o'clock with Judge Talmage present. Witnesses Henry Mack, Godfrey Crawford, Thomas Lee, David Gelston, and Richard Platt were examined. The attorney-general closed the prosecution's case. Mr. Colden addressed the jury for nearly two hours, arguing the jury's right to judge law and fact, examining the law, indictment, and testimony to show the defendant should not be convicted. Mr. Hoffman then spoke, reinforcing the jury's role with authorities and discussing the merits, still ongoing at press time.

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