When the trial of Colonel Smith came on, public interest revived, and became stronger than before. The court-room was crowded by intelligent spectators during the whole course of the proceedings, The case was peculiar, and had almost a dramatic interest. Here was a Government prosecution against a man well known in the community, for an offence new to our courts; and the heads of that Government, Jefferson and Madison, were indirectly on trial at the same time:--"For, if Smith and Ogden are acquitted," said the Federal papers, "then must the whole guilt rest on the Administration." 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. None of them were present in New York when the Leander was fitted out. And even if it could be shown by these witnesses that the Administration had approved of this illegal expedition, it would not help the defendant. This is a country governed by laws, and not by arbitrary edicts. If Colonel Smith had violated these laws, he had rendered himself liable to punishment. He could not escape by making the President a _particeps criminis_. An amusing letter was read from Madison, Dearborn, and Smith, which stated, "that the President, taking into view the state of our public affairs, has specially signified to us that our official duties cannot consistently therewith be at this juncture dispensed with." They suggested that a commission should issue for the purpose of taking their respective testimonies.