they had nothing to do with the queftion. But I will not ftrain the patience of the Senate. I will ask but one question more. You faid there was fomething contemptuous. Was it in the words or in the manner? Mr. Lucas. It was from your words and a compound of eircumftances that operated on my mind to think you either felt or affected contempt. Mr. Addifon. Was the court full? were all the judges there? Mr. Lucas. I recoilect that Mr. Wallace was there, for I made fome intimation of my intention to fpeak, in order that if he chofe he might fpeak before me, and I remember he anfwered by fome filent fign, that he did not mean to say any thing. Mr. Addison. Where did Mr. Wallace fit? Did he not fit be tween you and me? Mr. Lucas. I do not recollect. Mr. Addifon. Did he not fit on your right hand? Mr. Lucas. I do not recollect. Mr. Addison. Were not all the judges on the bench? Mr. Addison. The fact is they were all there. I have done. Mr. Dallas fuggefted the propriety of proceeding in a more regular way. The defendant in this mode was making evidence for himself, which ought not to be admitted. Mr. MACLAY, Speaker, Remarked on the impoffibility of taking down the testimony if gentlemen proceeded as they had done, by asking questions, without waiting for the answers to be heard, and afking others anew. He hoped the witneffes would in future give their teftimony in chief, in their own manner. SAME DAY, 3 o'clock, P. M. The trial refumed. WILLIAM AYRES, fworn. Mr. Dallas. We wish him to be asked whether he was prefent at a court of common pleas in Allegheny county, held on the 28th of March 1801, and what paffed at that time. F Mr. Ayres. I was prefent on the 28th of March 1801 an action of flander between Jonathan Coulter, a justice and tavern-keeper (at that time) and James Moore, defendant, was trying. The defendant undertook to justify and fhew, that what he had faid was true. It was a charge for keeping house of ill fame. He gave in evidence fundry irrégularities, which went a confiderable length to juftify the words spoken of the plaintiff. After the teftimony and arguments were clofed, Judge Addifon charged the jury; the words I cannot recollect; but it was in favor of the plaintiff, and it was the opinion of the judge, that the defendant had not made out his Juftification; and confidering the plaintiff as a justice and tavern-keeper, the jury would be juftified in compenfating him liberally-more than nominal damages however. After he had concluded, Judge Lucas fpoke to Judge Wallace, who shook his head; Judge Lucas then faid he had fomething he wished to observe to the jury, and made fome obfervations which had a tendency to induce the jury to find lefs damages, that he conceived the defendant had gone fuch a fength in juftifica tion, that nothing more than nominal damages ought to be found. Both judges were careful to obferve to the jury that the measure of the damages was entirely within their province, and left it to the jury folely. After Judge Lucas had made his obfervations, Judge Addifon faid, "You fee, gentlemen, there is a difference of opinion, and it is highly probable that gentleman and I will frequently differ in opinion." Judge Lucas faid, "Gentlemen, you have heard the learned judges opinion, however this is my opinion." Judge Addifon immediately after faid, "what that judge has faid may be all true, but has nothing to do with the question." Mr. Dallas Did Judge Addifon deliver this in a paffionate or contemptuous manner? Mr. Ayres. There is no impreffion on my mind at present that Judge Addison spoke, on that occafion, with more warmth than on other occafions. There is no impreffion on my mind, that he appeared to be in a paffion, but he spoke loud and with fome degree of warmth. Mr. Addifon. I wifh the gentleman to be asked if it is not my ufual way of fpeaking loud, fo as to be heard through the houfe, which is a large one. Mr. Ayres. Judge Addifon does generally fpeak loud, fo as to be heard distinctly through our court-houfe, which is a large one. Mr. Addifon. Another question and I have done. You have often heard the judges of the fupreme court; do they on the bench speak as loud as I ufually do? I ask this question, because it may appear to fome that I am in a paffion when my intention is only to be heard. Mr. Ayres. My recollection of the manner in which the judges of the fupreme court ufually speak is, that'they are not fo loud as Mr. Addifon. It does not appear to me that either of thofe judges have naturally fo ftrong a voice as Mr. Addifon. Mr. Addifon. I have nothing further to trouble this gentle man with, Sir. TARLETON BATES, fworn. Mr. Dallas. I wish the gentleman to be afked whether he attended the court of common pleas on the 28th of March, 1801, and to relate the transactions that took place at that time, Mr. Bates. I was prefent at the court of common pleas on the 28th of March 1801. I do not diftinctly recollect thofe charges, but a general impreffion of them remain on my mind. Judge Addifon's charge was confiderably animated; It had touched those points which moft judges ufually touch on such occafions; but in this particular cafe he conceived the jury might give high damages. Judge Lucas's obfervations impreffed my mind that it was his defire that the jury might give low damages. After Judge Lucas had concluded, Judge Addifon turned to Mr. Lucas and faid to the jury, "Gentlemen, you fee that that judge and I differ, and it is probable we thall frequently differ, yet what that gentleman has faid may all be true, but it is irrevalent to the caufe now before you, and they ought to pay no attention to it. The jury returned into court, and gave fix cents damages. Judge Addison asked them if it was the intention of the jury that the defendant fhould pay the cofts, or whether they were aware of their verdict, which would not entitle the plaintiff to recover them. They answered they were not; and the verdict was altered to forty-one fhillings, and the judgment was entered accordingly. Mr. Dallas. You have mentioned that Judge Addison turned round and said, "that judge and I differ," &c. I wish you would state what was the manner, whether in paffion or contemptuously. Mr. Bates. My ftrong recollection is that he turned round this way and laid a ftrong emphasis on the word that judge, and to my mind he did feem warm. Mr. Addifon. I wish to ask whether the jury were not upon my left hand as well as Mr. Lucas, and whether I could have turned to fpeak to them without turning to Mr. Lucas? Mr. Bates. The jury were on your left hand, as well as judge, Lucas, but you turned round to him. Mr. Addifon. Does not the jury-box come up even with the front of the bench? Mr. Bates. It does not come up quite to the front of the bench; there is an interftice between them fufficient for a man to pass, Mr. Addifon (rofe from his feat, and taking the right hand fide of Mr. Bates, he asked him) fuppofing this to be the bench, is not the bar there (pointing in front towards the Speaker's table) and the jury-boxes there (pointing to the left in an angle of about 20 degrees) and was not judge Lucas fitting here, (pointing to Mr. Bates, who was along fide of him.) Mr. Bates. Am I to confider you as the prefident of the court, and myself as judge Lucas ? Mr. Addifan. Yes, I afk the queftions in this way, to shew that I could not turn to addrefs the jury, without turning toward Mr. Lucas. Mr. Bates. The pofitions are nearly as judge Addifon has defcribed them. Mr. Dallas. Did you conceive that in turning round, Mr. Addifon turned more to point out Mr. Lucas, than he did to addrefs the jury? Mr. Bates, It is my opinion that he turned more round to Mr. Lucas. SECOND CHARGE. J. B. C. Lucas was called again. Mr. Dallas. I with the gentleman to ftate, whether he was prefent at a court of quarter feffions, held in Allegheny county on the 22d, of June, 1801, and to relate what paffed at that time. * Mr. Bates threw his left hand back, and from the attitude it would feem that Mr. Addison pointed to Mr. Lucas. Mr. Lucas. On the 22d of June, 1801, I was fitting as an affociate judge at a court of quarter feffions in Allegheny county. In the firit inftance, in the morning I faw two judges on the bench, Mr. Addison and Mr. M'Dowell, and I became the third one, I noticed a little before the time the charge was delivered to the grand jury by Mr. Addifon, that Mr. Addifon fpoke a few words low, in a whifper, to Mr. M'Dowell. I noticed alfo, that a little after thofe few words were whifpered, Mr. M'Dowell retired from the bench. I noticed alfo, that after Mr, M'Dowell had retired, that Mr. Addifon and I remained alone on the bench. We were in that fituation when Mr. Addison began to addrefs the grand jury. After he had ended his addrefs, I attempted alfo to address the fame jury. My addrefs began in thefe words: "Gentlemen of the grand jury." Immediately after I had pronounced a word or two more, I was interrupted by Mr. Addifon. The manner in which he interrupted me was not abrupt and rebutting, but with a mild countenance, and he feemed to entreat me not to addrefs the jury; milder than I had been interrupted heretofore. Mr. Addifon infifted I fhould have a conference with him upon the merits of what I had to fay to the jury, And I understood either explicitly, or by implication, he would communicate it if he thought it was proper, or would answer good purpofe. I answered, that as he had addreffed the jury, without previously commnicating his charge to me, I would ferve him the fame way, and would take all the rifque of what I had to fay to the jury; and to the best of my recollection attempted to addrefs the jury, Mr. Addifon interrupted me again, and endeavored to perfuade me, with all the force he was poffeffed of, both by geiture and mild expreffion, to prevail on me to defift from my attempt. I then infifted, fpeaking with him, that I would addrefs the jury, it was then a proper time for me to do it. Thereupon he requefted me again to let him know what I had to fay to the jury. I had in my hand a paper, containing what I had to fay to the jury, and I tender. ed it to Mr. Addifon. Directly Mr. Addifon changed his ground, and inftead of advancing his hand to receive the paper from mine, he told me we ought to adjourn, and that in the afternoon, I would be in the fame fituation, and might at that time urge my right as well as then, I answered him, I thought the prefent time was the proper time for me to deliver my charge, and I could not agree to an adjournment till afternoon, He then fuggefted the propriety of having a conftable chofen, to act in that capacity to the grand jury. I told him I thought my addrefs to the jury fhould precede that operation. He infifted a |