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818 X. AMERICAN STATE TRIALS.

endeavor to take advantage of the existing prejudice
againat the Sedition Law. But when Mr. Wirt began to
argue against the constitutionality of the law, Chase or-
dered him to his seat, and he quietly obeyed.

“Hear my words!’ shouted the Judge. ‘I wish the
world to know them! My opinion is the result of mature
deliberation!’

But Chase had no sooner concluded his pompous procla-
mation than Mr. Wirt once more turned to the jury, and,
quoting directly from the third section of the Sedition Act,
which provided that the jury ‘‘should determine the law
and the fact under the direction of the court, as in other
eases,’’ calmly proceeded to discuss the forbidden subject.
The Constitution was the law, he declared, and as the jury
had the right to determine the law, they had logically the
tight to consider the Constitution.

“A non sequitur, sir!’? shouted Chase, whereupon Wirt
sat down and Nicholas took up the same line of argument
until he was virtually smothered by interruptions from the
bench. Then Hay resumed the attack, but by this time the
judge had worked himself into a fury, and the senior coun-
sel, flatly contradicted, badgered, and insulted almost every
time he opened his lips, suddenly brought the unseemly
eontest to a close by taking his seat and gathering up his
papers.

“Please to proceed, sir,’’ requested the Judge, ‘‘and be
assured that you will not again be interrupted by me. Say
what you will”? The senior counsel, however, vouchsafed
no response to these advances. ‘‘I think it right to inter-
rupt counsel when mistaken in the law,” he protested.
“Yet I do not mean to interrupt improperly. There is no
Teason to be captious.’”

Finally, as the counsel left the court room, he half rose
from his chair, and roaring, ‘As you please, sirs!’’ turned
to the jury and began a long and careful charge.

Two hours later a verdict of guilty was recorded, and
the prisoner sentenced to nine months’ imprisonment and

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