"That the prisoner be informed, that if he has any questions to propose to the informants, or other members of the House, he is at liberty to put them, (in the mode already prescribed,) and that they be sworn to answer such questions as shall be asked, and that the informants be sworn to the declarations just read."
The words in parenthesis were an amendment suggested by Mr. Giles. The resolution and amendment were adopted by the House, and the prisoner with his counsel were again brought to the bar. The resolution above stated was read to Randall.
Mr. W. Smith, Mr. Murray, and Mr. Giles, were then sworn, standing up in their places: the oath being administered by the Judge.
Mr. Tilghman[63] then observed on the delicate situation in which the counsel stood, with which they were strongly impressed. The high character of the gentlemen who stood forth in support of the accusation, gentlemen whom Mr. T. had known personally for many years, with the odious nature of the crime charged on the prisoner, embarrassed them considerably; as they had, however, been permitted by the House to appear in this business, they were bound in duty to do every thing consistent with a fair and honorable defence. If Mr. T. were to declare his own opinion of the conduct of the prisoner, it would be thus, that his behavior was highly improper and indelicate; but Mr. Randall denied having made any offer either of lands or money, as in fact he had none to give. The disposal of the lands depended entirely on the subsequent vote of Congress.
Mr. Lewis spoke a few words. The prisoner's defence was, that he denied any proposal of a corrupt nature. The members who favored the sale of the lands, were only to have their shares on the same terms, and on paying an equal share of the expenses, as the other partners.
Mr. W. Smith was then examined upon that part of his information where he says, that those members who should be concerned with Randall, were to have shares of the lands. Mr. Smith was asked whether the offer was that they were to be granted at an inferior rate? In reply, he understood it was to be on the same terms as other partners were to have them. Mr. Goodhue proposed a query, whether the offer made by Mr. Randall was in order that Mr. Smith might use his influence to forward the scheme in Congress? Mr. Smith replied, that he certainly understood it so. The prisoner had all along referred to members of Congress, though he did not expressly name them. His phrase was, "for persons who would favor the scheme."
Mr. Tilghman then, through the Speaker, asked Mr. Murray whether he understood he was to pay for his share of land as the other associates or not?
Mr. Murray.—I understood him as is explained in the declaration. At first I understood, that the members who should assist in getting the thing through, might then retire to their homes, and when the scheme was in activity they might come in on the same terms as the original associates. But afterwards, I understood from Randall that I might have a share if I would accept of it, and this I understood from the whole tenor of the latter part of his conversation. The shares set apart were to be for acceptance as donations. I so understood him.
Mr. Tilghman.—Did he expressly say, that they were intended as donations, or did Mr. Murray collect this to be the man's meaning from a variety of circumstances?