Jointly ready to prevent him. Judge Lucas then turned round to judge M'Dowell and faid, "Sir, is that your determination.” He anfwered," it is, Sir." Whereupon judge Lucas fat down the space of a minute-it appeared to me from his countenance, that he fat down for a minute to recover from a fhock, which I plainly perceived he had received. He then arofe and left the bench, upon which a pretty general farcaftic fmile or fneer took place among all the gentlemen of a certain defeription-amongst whom I was grieved to fee the prefiding judge of the court.

Mr. Dallas. Whether Mr. Addifon made any overture in the afternoon to read Mr. Lucas's charge.

Mr. Gazzam. He made no overture of the kind. If he had I fhould have obferved it.

Mr. Dallas. Whether Mr. Lucas tendered the charge to Mr. Addifon before Mr. Addifon declared the court adjourned?

Mr, Gazzam. It was before Mr. Addison rose from his feat, before he declared the court adjourned, and before Mr. Lucas attempted to addrefs the jury a third time.

Mr. Dallas. Are you an inhabitant of Pittsburg, and do you remember to have read thefe papers? (fhewing three papers.)

Mr. Gazzam. I am an inhabitant of Pittsburgh, and 1 do not believe there has been one of "The Tree of Liberty" that I have not carefully examined, and but very few of the Pittfburg Gazette but I have read. I have no doubt but I examined each of them at the time; nay, on looking over them I am certain of it. I remember reading this paper, "The Tree of Liberty," about the 11th April, 1801. I read the Pittsburg Gazette, containing the piece headed "M'Kean's Solomons, Brackenridge and Lucas."

Mr. Dallas. Was Mr. Addison an inhabitant of Pittsburg at that time?

recollection,

Mr. Gazzam. He was, to the best of my Mr. Addifon. Whether the charge I delivered in June, 1801, was a fhort charge or a long one?

Mr. Gazzam. It was a fhort one, and the best 1.ever heard judge Addison deliver, because it was very short.

Mr. Addifon. What time did the court adjourn?

Mr. Gazzam. I can't recollect, but I remember before that to hear Mr. Lucas fay, I have matter to deliver which you have not.

Mr. Addison. Is it usual to fwear a constable to attend a grand jury?

Mr. Gazzam. I cannot tell; but I have been led to believe that it is not very ufual; but still I think the words were, let a constable be fworn.

Mr. Addifon. Is it usual for a judge to rife when he addresfes a jury, and whether Mr. Lucas rofe? I afk this question merely to fhew, that the fame circumftances make different impreffions on different minds, and of confequence the teftimony of no one witness is likely to be correct as to all the facts. I do not mean to impeach the integrity of the witness,

Mr. Gazzam. To the best of my recollection Mr. Lucas did rife. I do not know whether it is ufual or not.

Mr. Addifon. Did he rise in the afternoon?

Mr. Gazzam. It is my opinion that he did.

WILLIAM THOMPSON, fworn,

Mr. Dallas. Was you at court on the 22d June, 1801, and what paffed at the time?

Mr. Thompson. On the 22d June, 1801, I was at court. After judge Addifon's charge to the grand jury was ended, judge Lucas attempted to fpeak-I heard him fay, "Gentlemen of the jury." As foon as judge Addison had done, he faid, let a constable be chofen, After a fhort converfation, Lucas attempted to address the jury; judge Addison interrupted him in a mild way. Judge Addifon then addreffed the jury, and faid, this gentleman had fomething to fay, but he did not know what it was-but as far as lies in me, I will confider this court adjourned till three o'clock. He told the jury they might go, or ftay, as they pleased. Immediately after that judge Addison arofe, and as he arofe from his chair, he might take a step-but it was but a step. He faid, I confider this court as adjourned-he went down the step then, and after a few moments all that was there attending, retired.

At three o'clock, the first thing I faw was apparently a converfation between judge M'Dowell and Lucas. After a fhort conversation, Lucas began to address the jury-said but a word or two till judge Addison told him, " Stop, Sir." After a few words judge Lucas again attempted-when he told him again in the same manner to be filent, to ftop-if you do not, we will make you.

59

After that judge Lucas made a motion to judge M'Dowell, judge M'Dowell made a motion to him with his head, and judge Lucas was filent, and faid no more. A fhort time after

judge Lucas left the bench.

Mr. Addifon. Was judge Lucas fitting or ftanding, when he attempted to addrefs the jury, and in the confultation with McDowell?

Mr. Thompson. It appears to me he was fitting.

Mr. Addifon. Do not the judges generally fit when they addrefs the jury?

Mr. Thompson. It has been the practice in Allegheny county -but I cannot fay judge Lucas was fitting all the time—but I well remember in the converfation with M'Dowell, they were both fitting-yet I cannot fay but Lucas, from being irritated, might flart from his feat.

Mr. Addifan. Was my manner contemptuous or difrespectful towards Lucas?

Mr. Thompfon. His manner of speaking is loud and distinct. Though I did charge him in my mind for being a little warm, it might be from a little more exertion in his manner of speaking.

Mr. Addifon. Did you obferve in me a farcaftic grin after Lucas had left the bench-insulting or fneering.

Mr. Thompson. There was a fmile throughout the counsel and bar, and bench-a pleasant fmile.

Mr. Addifon. The Senate remember what Mr. Gazzam said on this point.

WILLIAM AYRES, fworn.

Mr. Dallas. Please to relate what paffed on the 22d June in

court.

Mr. Ayres. I was prefent on the fore part of the day, 22d June, 1801. When I went up to court, there was but two judges on the bench, Addifon and Lucas. Judge Addison proceeded to address the grand jury, as usual. Soon after I went into the court-houfe. When the charge was concluded, he mentioned to the grand jury—" Choose a conftable, gentlemen, to attend you.' Judge Lucas obferved, he had fomething to fay to the grand jury, and began, "Gentlemen of the grand jury." He held a paper in his hand, which I fuppofed contained the fubftance of what he intended to say to

the grand jury. Judge Addifon turned to him and faid fome thing, which I did not diftinctly hear-he wished him to wait, I think, till another judge came. Judge Lucas observed, that was the proper time, and he wifhed then to addrefs the jury. Judge Addifon replied, he would have the fame opportunity in the after part of the day, when the court would meet, that he had then, at that ftage of the bufinefs. Judge Addifon spoke to the jury, and faid, this judge has fomething to deliliver to you, which he had not communicated to me. Lucas handed the paper towards him, and faid, here, read. Judge Addifon did not appear to be difpofed to take the paper from his hand. Lucas then faid, I will communicate to you, as you communicated to me, and then again addreffed the jury.. Judge Addison rofe, and made this obfervation: "That judge is attempting to introduce a novelty, and as to me the court may be confidered as adjourned.' Then turned to a window, took his hat, and faid, the court may be confidered as adjourned till three o'clock, and the jury might stay or go if they thought proper.

Mr. KEAN.

Was the court adjourned with the ufual folemnities?

Mr. Ayres. No, Sir; entirely different-no proclamation as ufual, by the cryer. The ufual folemnities of adjourning the court were not observed on that occafion.

Mr. Dallas. Was you prefent at any preceding interruption? Mr. Ayres. I was not prefent at any other time?

Mr. MACLAY, Speaker.

What time of the day was this interruption?

Mr. Ayres. I think not later than one. It might be between one and two. I do not diftinctly recollect the time of adjournThe court met at twelve. The ufual bufinefs feems to

ment.

occupy an hour, or an hour and an half.

Mr. Addifon. From the fize of the paper in Lucas's hand did it not appear of confiderable length?

Mr. Ayres. Lucas's writing appeared to be one fheet of paker folded; it might have been more than one.

TARLETON BATES, fworn.

I was prefent 22d June, 1801. Prefident and Lucas compofed the court-prefident had delivered his charge-Lucas began to addrefs the jury-the prefident told the jury, choofe a conftable. Lucas again began to address the jury. Addison told

him it was an extraordinary proceeding and unufual: he must not do it. Lucas faid, it was his right, and he would proceed. While the judges were converfing the jury had chosen a conftable, and I believe the conftable had taken his ftaff.

The prefident faid, Lucas had not informed him what he intended to fay to the jury. Lucas held a paper towards the prefident, and faid, here, read-obferving inflantly before or after; I can't recollect, I will communicate to you, as you did yours to me—that is, as I deliver it to the jury. The prefident did not attempt to take the paper, but faid, at leaft you will wait till afternoon, when another judge will be on the bench-and faid, his right would not be impaired by delaying it till then : if he had a right now, he would then. Judge Lucas faid, "No-now is the proper time, and I will addrefs the jury' He began his addrefs again. The prefident at the fame moment went from his feat and faid, "the jury if they please may ftay and hear the gentleman; as to me the court may confider itfelf adjourned till three o'clock. He repeated again, the court may be confidered as adjourned till three o'clock, and left the bench.

The

There was no adjournment of the court-and at paft three o'clock judges Addison and Lucas were on the bench. court was opened, although it had not been adjourned. After a few minutes judge M'Dowell came. I did not hear the converfation between Lucas and M'Dowell; but after the converfation, Lucas began again to addrefs tlie jury. The prefident commanded him to be filent. I believe the expreflion was, "Silence, Sir." Judge Lucas was about proceeding again in his charge, and turned towards judge M'Dowell and faid, the court command you to be filent, Sir." Judge Lucas faid he would not be filent, and began again. Judge Addison informed him, that the court would; or know how to enforce obedi

ence.

There was then filence on the bench, and I did not fee what paffed on the bench after, as my ufual pofition is, with my back to the judges.

Judge Lucas faid, prevent me from speaking, at your peril. Judge M'Dowell faid, we will take upon ourselves.

I was prefent also 22d December, 1800. Judge Lucas, after the preffdent's charge, attempted to addrefs the jury, and was commanded by the prefident to be filent-that it was a novel proceeding the prefident had an exclufive right to address I