Star. — London, England, 1807-10-03 00:00:00

AMERICA. TRIAL OF AARON BURR, TOR RICH TREASON ADAM'S' THY UNITED STATES. FIRST DAY. SICHSVIND, AUGUST 3. Prelent--JOHN MARSHALL, Chief Janice of the United Stases. The Court airembled at twelve o'clock. A few minutes after, Aaron Burr entered, atten ded by Marrs. Wickham, Martin, Botts, and Baker, and Mr. Aliton, of South Catolina ; Mr. E. /tan. _ _ • dolph entered coon afterwards. Meffrs. Hay, WIRT, and MIAs, attended as Counfel for the profecution. Mr. HAY obferved, that he could take no Reps in this Wines, until be had afcertained whether the witneffes fummoned on the part of the United States were prefent :—he therefore Impelled, that their names might be called over. Their names were accordingly called in the fol lowing order : Thomas Truxton, • Stephen Decatur. • Benjamin Stoddcrt, • William Eaton, • William Diam, • Erick Holtman, • Peter Taylor, • Jacob Allbright, • Charles Willie, • John Graham, • Samuel Swartwsut, • Julien Dupieftre, • P. H. M. Praia, Ural Miller, • Samuel Skouten, • George Morgan, • John Morgan, • Timmer Morgan, • Niciolas Perhiss. Robert Speseee,• George Har ris, • Cyrus Jones, • Thomas Peterkin, Elias Glover, • Simeon Poole, • Dudley Woodbridge, • David C. Wallace, • Edge ad B. "AM; James Reid. • John G. Henderfon. • Alexander Heade, fox, • Hugb Phelps, • Jacob Dunbaugh, • Cbaadkr Liuyley, • yOhn Mallboland, • James Knox, • War. Love, David Falk, • Thomas Hartley, • Stephen S. We cb, • gamer Kinney, • Samuel Moalcy, • Edmund P. Games, • Ambrofe D. Smith, George Pekes, Abner L. Duncars.l.ewis Kerr, John M. Fort, • Benjamin H. Latrobe, Cowles Meade, Thomas Fitzpatrick, Thomas Butler, Robert A. New, Thomas T. Davis, Silas Dinfrnore. Owen Afton, William Davis, E. Kibby, Theodore, Brightwell John Callier, Dr Bennett, Earl Sprott, Robert Wallace, Walter Putnam, John Dana, Alex ander. Ralfton, Mrs. Vanhorne, Henry Jacobs, Ranfome Peale , Hamlin Hicks, Phelow Wabfter, John Blair, lames M Dowell, Samuel N. I.uckrtt,Stockley D. Hayee, Samuel W. Butler, Wal ter C. Davidfon, John Barry, Thomas H. Cuibing, Nathaniel Evans, Jacob Jackfon, William Platt, William White, Jarrard Brooke, Morgan Nevill, Thomas Collis, Mr. Peterfon, Lieute nant Swearingen, Mr. Weaver, Colonel Ofmund, Major M. Por ter, J. B Walbsek, Mr. Vanhorne, Dr. Carmichael, Dr. Anton, Colonel P. Read, John Wilkins, Stephen Woolberton, David M'Key, Hugh Allen, William Davis. Thole were prefent, whole names are printed in Italia. The telt were abfent. Such as have a prefixed to their names, were recognifed at the for mer meeting of the Court. The Tel were not. Of courfeknoft or all of thofe, whet*: names are placed after ;pat of H. Latrobe, have been flibpreneelince the aclournment of the Court. Mr. HAY begged leave to mention, that he had nothing more to fubmit to the Court this day. It hir. ditty tl furhifh the accufed with a lift of the Jurors, with their places of refidence ; and alto of the witneffes. But there were many ofthe witneffes, of whole places of refidence he was completely igno rant ; feveral had not appeared ; many had been merely pointed out to him by the Attorney General of the U.lited States. It was clearly impoffible for him to make out thole lifts before the day after to morrow. • The CHItP JUSTICE enquired then to what day it would be proper to adjourn the Court ? Mr. HAY could not pofitively ftate by what day he fhould be able to prepare his lias. Mr. Burr obferved, that it was not very probable he thould avail himfelf of any privileges which he might derive from any delay which had occurred in the furnifhing him with the lift of the jurors ;—and, therefore, the Court might adjourn itfelf to any day which was convenient to the Attorney for the United States. Neither was it probable that he (hould avail himfelf or any objeetions which might be made to the correftnefs of the names of the Jurors or their places of refidence, as flated in the lift ; 'inlets cer tain circumfiances might occur after the produltion of the lilt, on which he ought to found objeEtions to it. A fhort cmverfation enfued upon the day of ad. fournment ; when Mr. Burr obferved, that as fuch a meafure would feem in tome meafure to depend up on his own confcnt, he fhould not hefitate to confent to an adjournment, provided it did not extend further than Wednefday. Mr. Hay had no objalion to that day. Mr. HAY obferved, that it might be proper to have the names of the Jury alfo 'called over, thDugh not to impannel them at prefent. It would be prema ture now toimpannel them, asthe oppofite counlel had not yet poffeffed a fuflicient time to examine the Litt, and As the Witnefres for the Lfaitcd States were no: prefent. The names of the Jurors were accordingly called. The names of the Jurors [unmoved from Wood County, to appear before the Judges of the Court of the United States, for the Fifth Circuit in the ♦irginia on the 3d day of Au gull, 1837, foe the trial of Colonel A. Burr : Hezekiah Buck y Jacob &thin James G. ,aidey William Prince James Hendcrfou k:introd Safunder James Compton Thomas Creel Hamilton Morrifon - Anthony Buckner Yates S. Conwell David Creel. Wood County, Diftria of Virginia. Josern SCOTT, IVlarthaL LIST OF PETIT JURORS FOR MAY CIRCUIT TERM, 1807, CoNTINUED. NOM of the Jurors fummoned from tlic body of the Diftridt of Virginia, for the trial of Colonel A Burr : John HoraccUpOiaw, Effei; William Pope, Powhatan ; Pey ton Randolph, Richmond City: John Bowe, Hanover; John, Roberts, Culpeper; Joihus Chaffin, Amelia; Jarvis Storrs, lien rico ; Miles Seidel', ditto; Lewis Truchart, Hanover; William Yatfey, Pittfyiliania ; Thomas Prayer, licttrico; John Staples, Albemark ; Edward. C. Stanard, di:tu ; Richard B. Goode, Chef cerfield ; Nathaniel Stiden, Henrico; •Efitle Smock, ditto; WU. ham Wardlaw, Richmond City; Richard E. Parker, Wettmore land; John W. Ellis, Hanover; 7 komas Stark, ditto; William White, ditto; William B. Chamberlaine, Henrico; David Lam bert, Richmond City; Randolph Harrison, Cumberland; Wil. Liam Hoomen, Caioline; Overton Anderfoti, Richmond City; Hugh Mercer, Syottfylvania ; David Bullock, Richmond City; Jerman alter, Cumberland; °Edward Carrington, Richmond City; Robert Hafkins, Cheiterfithl ; William R. Fleming, Gooch land; George W. Smith, RiOunc,nd City; Armiftead T. Won, 1.,,nd0n Dabney Minor, Albemarle; William IVPDaniel, Staf ford. JOSEPH SCOTT, Martha' V. D. 'l'hofe whore names are marked with a * were ab fent t all the tett were prefent. Of cs•urre .only two were ahfent, out of lilt whole venire. Mr. HAY then requefled the Martha' to deliver, a.• Pion a s poll - 161e, a cone& copy of this lilt to the op plthte Cottnfel. Mr. Psvrou Reurtot.rst inquired whether this was a proper opportunity for any man on that pannel to :tare his objeitions to the retvice ? The CHIRF JUSTICE t eplied, that it would be better n ware any objeftions. until the jury were about to ce impannelled. ll* waited fuels Of the ..itneir , s as had not appeared before, to be recognifid as the others had been; and accordingly Mcffra. puncan, Nevi% M.Dowell, and Peters, were recognized by the Clerk. The Deputy Marthal was then about to adjourn the Court, when Mr. Burr recalled to ,the recol• lesion of the Ceti, the motion which he had made on a former occafion, fer a fuLpana duct: lectern, ad-. dreffed to the Prefident of the United States. That motion had been partly complied with. He "rinsed to know of the Court,. whether it was not a matter of right for him to obtain a Alpena duces tecum ? If it was not he Mould then lay a fpecific motion before the Couit. . . The CurEr Just-Ice did not believe it to be the praCtice in Virginia to obtain fuch a fiibpeeisa upon a mere application to the Clerk. The motion mutt be brought before the Court itfelf. Mr. HAY would fay nothing on this fnbje&, until he underftood the objea of the publication. If it was to obtain the letter which was not formerly fur niched, he would inform the oppolite Connie', that he had it now among his papers, and was ready to produce it. Mr. Burr—That is one objea of the application.— Another is to obtain a certain communication from General Eaton to the Prefident of the United States, which is mentioned in hit depofition. Mr. Hey was nut certain whether he had that crm manication : but believed that it was among his ga pers. If it was there, he would certainly produce tt. Mr. Burr.—But if, -after a fearch, the gentleman finds that he has not that paper, will he confect out of Court to iffue a firiparra to he Prefident of the United States under the qualification I have men tioned ? I with not, at the prefent exigency, to de- I range the affairs of the Government, or to demand the pretence of the executive officers at this place. All that I want are certain papers. Mr. HAY could not content to fuch a meafure he would rather that it thould go through the regu lar proccfs of the Court. Mr. Burr.—Then, Sir, I (hall move for a fa&pana Duce: tecum to the Prefident of the United States, direaing him to attend with certain papers. This fiebteena will iffue as in the formcr inflance. I (hall furnith the clerk with a neceffary fpecification of the, papers which I require. The Court was then adjourned till Wednefday, ix o'clock. SECOND DAY. WEDNESDAY, Auo. 5. —The Witnelfes on behalf of the United States were again called over ; when it appeared that Commodore Thomas Trustful, Ge neral William Eaten, William Duane, Peter Taylor, Charles Willie, John Graham, Samuel Swartwnut, Julien Dupeiare, Paul Henry Mallet Prevofi, Ifrael Mille, George Morgan, Thomas Morgan, Nicholas Per kins, Robert Spence, George Harris, Cyrus Jones, Simeon Poole, Dudley Woodbridge, Edmund B. Dana, John G. Henderfon, Alexander Henderfon, Hugh Phelps, General James Wilkinfnn, Chandler Linfley, Jnhn Mulholland, James Knox, William L , )ye, David Fi(k, Thomas Hartley, Stephen S. Welch, James Kinney, Samuel Moxley, Ambrofe D. Smith, George Peters, Abner L. Duncan, John A. Fort, James M'Dowell, Morgan Neville, Hugh Allen, Ifrael Miller, and Henry Philips, were pre. fent ; Serjeant Jacob Dunbaugh was undertiood to he in town, but prevented by ficknefs from attending. Mr. Hey then moved for a pollponement of the trial for a few days more, on the ground that Wit nelks, deemed to be important were nil' abfent.— He laid, the utility of the delay hitherto had appeared from the jcircumnanee that a number had arrived fince the Court was opened, and, therefore, from a farther delay, she arrival of others might be expeaed. The CHIEF Jurrict obferved, that it was indif ferent to the Court. After a fhort converfation between the Counfel on both fides, it was agreed that a lift fhould be furniffieal of the Witneffes, and of their places of abode, In far as they had been afcertained ; and that a poftpone ment fhnuld take place until Friday. Mr. HAY propofed an arrangement, as to the mode of conduffing the trial ; the objeCt of which was to rave time. He Paid that the coulee purfued in Great Itiitaio on fuch occafions is, for the Counfel for the profecution to open his cafe and examine all his witneffes, before any thing was raid on the other fide ; for the Priffiner's Counfel afterwards to flare the r.ife on his part ; to proceed to examine his wie ners, and to make fuch ohfervations upon the whole of the teftimony al ht lhould think proper ; and for the Counfel for the profecltion to terminate the ar gument by a reply. 'Phis he raid was a convenient and expeditions method. But, in Virginia. the praaice is as follows ; The Attorney for the United States, or for the Commonwealth, notes the cafe On the part of the profecution, and the Counfcl for the accured oleo makes a Itatemei.t on his part; after which the evidence is gone through on both fides, beginning with the witnefres againft the ptifoner.— This being done, the Conned for the profecution commences the argument, is anfwered by the Counlcl for tke Ptifoner ; and then concludes the debate.— Mr. Hay obferved, that this mode was much mrfre tedioos than ,that which prevails in Great Britain; and therefore ought particularly to be avoided in conduCting the ilia' of Aaron Burr, in which the number of Attoinies employed, and of witneffes ' be examined, is fo great ; efpecially a; other trials equally tedious ate about to take place ; Herman Blannerhafrett being now in cuaody, and Jonathan Dayton, known to be in this neighbaurhood. Mr. - Wick HAM wiffied time to confider the fubjefl, not being prepared to determine whether the Counfel for Colonel Burr would accede to the propofal ; as this was a New mode of proceeding, to which they were not accuftomed, and they wifhed to confult their client, who, on this - day, was not in Court. Mr. Hay Paid he did not think this a matter of content ; but the Court ought to fix the praflice. The CHIEF JusTics observed, that it would be better to bring un this queftion on Friday, fince gen tlemen, in the mean time, might fettle it among themfelves—faying, moreover, he firould feel a diffi culty in departing from the fettled mode of praitice in this country, though he thought the Englifh mode our than out's. The belt mode appeared to him to be this, that the cafe (hould be opened fully by one of I he gentlemen on the part of the United States, then opened fully by one of the counfel on the other fife—that the evidence Ih4.uld next be gone through rod the wli le commented upon by anothAer of the en tle men crOployed by the United State• ; who be anfT , :red by The reft the Aitoinies ter 'Colonel Burr ; stntl one only of the Counfel for the United States &mild cooclude the argument. Mr. HAY. looking forward to other trials, regret ted this decilion„ as it would occafion fo much la bout and fatigue, in conduding fo many profecutions that he did not fuppofe himfelf capab'e of under going it. He obferved ton, that the Connie' for COI. Bu►r would have a decided advantage by this ar rangement, fince only one of thole on the part or the United States would have to reply to the fpeeches of five or more gentlemen on the other fide. The CHIEF Jvsrica laid. that although the gen• tlemen who concluded thould have to reply to five or more ketches, yet thole fpeeches would probably not contain more arguments than would, if one only of the Attornies should (peak, be condenfed into one. The number of fpeeches would not increafe the number of arguments. He laid, however, that the courfe he had mentioned was only recommended, not determined upon by the Court. Mr. HAY laid it would he a very difficult and la : bnrious talk for one gentleman to anfß•er the many objections which would be farted by the ingenuity of fo many able Counfel. He.fhould with, therefore, at any rate, if the courfe recommended by the Court Mould be adopted, that two of the C ,uttf , A for the United States might be heard in reply. Mr. BOTTS obferved, that probably an arrange ment might be agreed upon by the nest day ; and propofed an adjournment until then. After fome unimportant converfation on the , fob jai. the Court adj o urned, to fit again on l'riday, at twelve o'clock. THIRD DAY—FRIDAY, AUG 7. Prefent the CHIEF Jusrics of the United States, and CYRUS GRA,FEIH, Judge of the Diltria of Vir• ginia. The witneffes were again called over, and feveral who had not been prefent before, appeared, and were recognifed to attend until difcharged by the Court. The Counfel for the United States, however, not being as well prepared to go into the trial as they expelled to be on Monday, (many of their witneffes being fill abfentl the trial was further pollpnned, and the Court adjourned until Monday next, twelve o'clock. In the courfe of this clay, a difficulty was fog gelled by Majir Scott, the Martha' °Cute Virginia Difirid, as arifing out of the order of the Court, by virtue of which Colonel Burr had been removed from the Penitentiary bottle to his prefent lodgings. He fated that he had been informed, from good autho rity, that the Secretary of the Treafury had declared he would not allow his charge of (even dollars per day, for the guards employed for the fate keeping of the 'stilarter ; and therefore he might lofe that torn, which be had hitherto been advancing out of his own pocket. The CHIEF JU S TICE declared the firm conviAion of the Court that the order heretofore made was legal and proper--that the payments made in purftrauce thereof, would be fanaioned by the Court, and ought to be allowed by the Secretary of the Treafury. He could not believe that the Secretary would finAy difallow thole items in the Marlhal's account. But as the officer of the Court ought not to be fobjeded to any rifle in obeying its diredions ; and if the Se cretary fhould refute to allow him a credit for the money paid, the Court had no power to compel him to do fo ; and the fituation of the Marfhal was filch that he dared not enter into a controverfy with' the Secretary—the Court was difpofed to sefcind the order, unlefs fome arrangement could be made by Colonel Burr and his Counfel for the indemnification of the Mal (Ital. Colonel Burr declared that ah offer had already been made on his part to indemnify the Mailhal; and that he was fill ready and willing to give him fatisfadory fecurity that the money fheuld be paid him, in cale the Secretary of the Treafury thould refute to allow the credit. After fume deflator y converfation, nothing pofitive was agreed upon ; but it appeared to be torderliood that fecurity was to be given to Major Scott : and that Colonel Burr was to remain in his apartment near the Swan Tavern. T} EVENING STAR. LONDON. SATURDAY, OCTOBER 3. PRICE OF STOCKS THIS DAY AT ONE O'CLOCK: Cont. money 64-I—ft r acc 6: - ..!i—Omr.ium, par to prc. Ezcheq. Bilis, par PRICE OF S COCKS YESTERDAY. 3 per Cent. Red (hut Imp. 3 per Cent. 62} 3 per Cent. Calif 62111 Imp. Anti 7i 13 t6ths 4 per Cent. thut Excheq. Bills, as. dif. par is. dJ 5 Cent. Navy 9'44f I L.:um Tickets 201. t9s. India Bonds, is.4lf. I Conf. ler acc. Dutch Papers and Letters to the 26th ultimo were receited in town yellerd.ty. They contain Exirafis from the Paris Journals of the 2111, but the intelli gence is very unimportant. A private letter flutes, that an Aufitian courier charged with difpatches for Count STAHREMRF.Rd, has recently been flopped' in Holland, and all his Papers taken from him. A Gottenburgh Mail arrived this morning. A letter from an Engli(h Gentleman at that place, dated the 25th ult. [tales •s follows : " Our Copenhagen bufinefs is in a very untlnifhed Rate. I am told from good ,authority that the Croun Prince will not even look at the Caritulation ; and, as he refufes to ratify it, it is thought that our forces will not evacuate Zealand 10 loon as was expelled. " The flores found in the Dock-yards are im menfe ; it is Paid that tco of our vac's are laden with fail cloth only : the men of war are laden like merchantmen. The Ruffians are tnot difcontentect with the Peace, and the repent which we had fume time fence of the Noble• baring offered to maintain, at their own ezpence, :mow men in the field, feems to be confirmed. 16 We have taken Fickle, in Norway, by Runs:— The harbour is a very fine one, and very Cafe for our 1 'hips to take father in. In blowing up the fort itis..l tiun we loft a Lieutenant and four men. " The messenger Punfuns arrived here yeflettday from Vienna, but brings no news." We are inclined to give a confiderable degree of credit to the contents of the above letter for it t►as been very confidently rumoured for fome days, i n the belt informed circles at the Weft end of the town, that Sir ARTHUR, WELLESLEY is immediately to return to Copenhagen, to refume his command, in confequence of circumitat.c!s having occurred which render it neceffary that the Wind of Zealand fhould be kept in our poffeflion for Come time. We have n• pretentious to a knowledge of the circomftanoes which have produced this detet urination—but the refufal of -the Crown Prince, if he has refuted, to ratify the Capitulation, holds nut a fullicient ground for no! being hafty in abandrning our conqueft. The Maud, • it is laid, is petfealy tenable, but will require a fora a at leaf 30,0c0 men, to be conflantly kept there. The Petedburgla Court Gaiette of the ttith of Augnft contains a report of Count Gudowitfch, Go. neral of Foot, dated Camp on the banks of the Rivet Arratfchai, the zoth of June, of which the followink is the fttbftance " General Count Gudowitich having received in. telligence that the Serafkier of Erzerum, _fallout Pacha, who commands the Natolian troops, was marching with confiderable force againft Houtry, on the Ruffian frontitts, which was occupied but by a very fnall force under Malor General Refwetjew, he put himfelf in motion to defend the above poll, but could not arrive there fufficieutly in time, on as count of a difficult march, which he had to mak over a chain of mountains, and which obliged him to allow his troops two days refl. In the mean time Mina ?acha attacked Major Gert;tal Refwetjew with pact cf his corps, but was repulfed by that Cc. neral, with the lots of zoo killed. JuLrufPAcha, how• ever, meditated another attack, in expeaation of be. ing reinforced by freth troops before Count Gudow. itch's at rival, which took place three days after. The Count took a pofition to werfis from the enemy, and 6 werfls from Houtay, to a;low the troops foam re% but reconnoitred, in the mean time, the enemy's camp, which was pitched on the oppofite banks of the liver A rpattkai, 5 wet As from Houtry',; and hay. ing nbferved that the enemy was fortifying the front of his camp with batteries and entrencbments, he rec•mn‘itted twice, with ftrong patties, to to 14 miles in front of the enemy's camp, in order to draw his attention to that point, and make him believe the it was his intention to crols the River,. and attack him in ft ont. Du: in tote night between the 17th ail 18th Count Gudowitch marched 16 werfls down the barks of the River, turned the enenrit's tamp, and attacked him in the rear. After rei:ea honts)tari fletieg, the enemy, although fotteaimes Monger, was compelled to abandon his camps and retreat to another pofition, five werfls diflant, where - he was alfo attacked and cempletely defeated, having thus been obliged to abandon two camps, and leave a coofiderable part of his artillery in the hands of the Ruffians. Twelve hundred Perfi tins, who were pofled 35 wet fts from General Count Gudowitfch's corps, detached feveral parties to obferve from the mr untains the movements of the contending panic'. They confidered the Serakier Juffuf Paella as an CP cellent commander at the head of a fufficient form and therefore la knelled his defeat and flight with the utmoft contlernation. Count Gudowitfch acquainted with this viClot7 by letters both the Cham of Eriwas I-luffein, who occupied with his troops a neighbour ing pofl, and Babachan Beztalca, fon of Bezir Murst in hopes, that after the above nrexpeEted events they thould tither conclude an armiftice, or entirely frrt. Pend their opetations. In the contrary cafe, it %cal Count Gudov.itich's intention to to:obis whole fore tgainft thole corps and defeat them, before du Turks thould be able to rally. The lots of the Rol. flans is inconfiderable ; it conlifts in two Field Officers twelve rank and file killed, and Lieutenant General Baron Rofen, two Officers, and 66 rank and file wounded. The enemy's lots, in killed only, exceeds moo men." At half paR five yeflerday morning died, at hit country refidence at EaR Sheen, Sir Bartok War. SON, an Alderman of 'the City of London. On Thurfday lag, the 3rd regiment marched frost Harwich on their route to Wee - ley Barracks. The 59fh and 6 t fl R,cgianents of Foot have mara. ed into Colcliefler barracks ; and on Monday fail, tbe Herefordlhire Militia marched from the above qua'• lets for Hull. ARMY IN SICILY. " Head quarters, Melina, Aura s, 18 °I• " GENERAL ORDERO—PaioIe Lissom.' " His Majehy having been pleakd to dired that W. lam" in the Mediterranean'Mould be placed in the bands of Ilestessant General Sir Joust Moose, the latter will affunic the command of the army tomorrow. " General Fax cannot quit the charge of fuck an army eritkoz the decpett regret, nor without teltifying the fattshaiat he 10 felt from the good condudi and zeal mews in every rank Of i t both officers and men ; and be is molt certain, that orkentretthef may be called upair, they will (hew tlicmfelves fully equal to thee former eaerelons at Maids, and to the known bravery and ddM pline of Britifh foldiere. " He begs particularly to return his moil grateful than k ' acknowledgments to the General Officers and Heads of Def.,' menu, for the sal Rance he has at all times received hoot thesis ° fur the'alaerity with which every part of the Crevice bas ben ( I °' tied on. • " 'I he General feels perfe6tly happy, in leaving the neennia nd _j the army in the hands , of fuck a fucerffor, whore tulim writ. 6 , '• abilities it would be needlch for him to enumerate.. (Signed) • CAMPBELL, A. 0...., " Rost'. WM. GARDINA"" „Aid di cone. •