Mr. Cadwallader Golden, of counsel for the defendants, made a motion
before Judge Tallmadge for an order to prevent the District Attorney
from using the preliminary evidence taken at the private examinations.
"It was a proceeding," he said, "arbitrary and subversive of the first
principles of law and liberty,"--"which would have disgraced the reign
of Charles and stained the character of Jeffries." The District
Attorney was heard in opposition, and was successful.
On the 7th of April, the Grand Jury found a bill against Smith, Ogden,
Miranda, and Thomas Lewis, captain of the Leander, for "setting on foot
and beginning with force and arms a certain military enterprise or
expedition, to be carried on from the United States against the
dominions of a foreign prince: to wit, the dominions of the King of
Spain; the said King of Spain then and there being at peace with the
United States." The Grand Jury, as an evidence of their impartiality,
or of the public feeling, also handed the Judge a presentment of
himself, which he put into his pocket, censuring his conduct in the
private examinations, because "unusual, oppressive, and contrary to
law."
The trial was set down for the 14th of July. Messrs. Ogden and Smith
did not wait so long for a hearing.
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