" Apart from the political interest of
the trial, the eminence of the counsel employed would have commanded an
audience anywhere. Never, since New York has had courts of justice,
have so many distinguished lawyers adorned and dignified her bar as in
the first twenty years of this century. In this case, nearly all of the
leaders were retained: Nathan Sandford, District Attorney, and
Pierrepoint Edwards, for the prosecution; for the defence, Cadwallader
Colden, Josiah Ogden Hoffman, Thomas Addis Emmet, Richard Harrison, and
Washington Morton.[*]
[Footnote *: Judge Patterson, of the United States Court, occupied the
bench with Judge Tallmadge, until ill-health obliged him to withdraw.
He died soon after.]
Mr. Colden handed the Clerk a list of his witnesses, and requested him
to call their names. Among them were those of Madison, Dearborn,
Gallatin, Granger, and Robert Smith, all members of the Government. He
then read the affidavit of service of subpoenas upon them on the 25th
of May, and, inasmuch as these gentlemen had not obeyed the subpoena,
and as Colonel Smith could not safely proceed to trial without their
testimony, he moved that an attachment issue against them.
The District Attorney opposed the motion, on the ground that the
testimony of these witnesses could not possibly be of any use to the
defendant.
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