Mr. Marshall. Yes, sir, he was on the floor. He had taken his leave, as I supposed, of Judge Chase, and was either out of the room, or in the act of coming out of it. I do not recollect positively whether Mr. Randolph went with me. I recollect going with Mr. Randolph to court, and that it was the usual practice of Mr. R. and myself to go to Judge Chase’s chambers in the morning and attend him to court. I do not certainly recollect whether that morning we went together to the judge’s chambers, but I am positive we left the chamber together. The Court met generally at eleven o’clock. I had something particular to do that morning, and it was from ten to half-past ten when I went to the judge’s chambers; it may have been about ten. The time I saw Mr. Heath must have been about ten o’clock.
Mr. Harper. Did any conversation take place between the judge and Mr. Heath while you were there?
Mr. Marshall. I believe I met Mr. Heath outside of the door. There was not a word of conversation at any rate.
Mr. Harper. Did any incident take place respecting a paper handed from Mr. Randolph to Mr. Chase?
Mr. Marshall. There did not.
Mr. Harper. Did you hear any thing about creatures called democrats?
Mr. Marshall. I never heard any thing pass between them. I never heard the judge say any thing about the jury, except what occurred either at the judge’s lodgings or at court, which I took to be instructions to summon twenty-four jurors about twenty-five years of age, and freeholders; that there should be enough to supply the juries required at that court.
Saturday, February 16.
The Court was opened at 10 o’clock A. M.