The British Press; or, Morning Literary Advertiser.
London, England, 1807-10-03 00:00:00

HOT. coraritiven.

Nitese• of the Jurors fr“tet tete body of the Distil&
of Yrrjrmar ter the trial .4 Col. A. Burs
_ . _ _

John Ili.iacegythiiw, Lore; roaltiatan ;
▪ Ramio:pli, Bi.:hinond City; John Bowe, Demme ;
John Roberts, ; JeiMua Chalßn, Amcha ; Jervis
• Flenricn ; Milt Se den, dirt,, ; LAC' Truchart,
vet ; riaitivania ; Thorns; Prcupei, Den.
• ; John Staples, Amen a-le ; Filitard C. Stanard,
• ; W Goode, Cnclit timid; Nathaniel Selden,
91. toe Smork, ens., ; W dham Waidt.ist, Rirh-
-131,M4 C‘ik RICIArd E Parker, Weinnienland ; Jahn W.
e, I 'shover Thomas Bt.iik, shim; %Villiaiu W bite, dAtit;
Whom B Chainberlaine, Mew co ; David Lamle:it, Rich.
mond Cty ; Itando'ph Ilarieturi, Cumberland ; William
Ilo••rect, Laroline; Overton Anderson, Richmond City ;
Illogh Mercer, Spottaylvania ; David BullLck, Richmond
14Y JIPIntIII RACY. Cumberland; •Edward eirrimpon,
Itch•nond City; Robert Haskiiii, Chesterfield ; William R.
reining, Gnocliland; I;ciuge W. Smith, Richmond City ;
Atmlsiead T 1.,31M•rn ; Da'nusy Miaof, Albemarle;
IVidiana M' Daniel, Startuid
JOSEPII SCOTT. Ittar:hal V. D.

Those whose names are marked with a • were
awns : all the rest were present. Of course only
two were absent, out of the whole rents.
Mr. HAT then requested the Marshal to deliver,
as soon at ',whine, a corral copy of this list to the
opposite Counsel.
Mr. Ptlrron RA NDOLP !I inquired whether this
was a proper opportunity for any man on that pan-
:id to ►tate his objetlions to the service
The CHILI J u,T IC I replied, that it would be bet-
tar to were any ohjeaions, until the Jury were about
to be impannell•:d.
Mr. ll• v wised such of the witnesses as had not
appeared berofe, to be recognised as the others
had been ; and accordinly Messrs. Duncan,
Nevill, M.Dowell, and Peters, were recognised by
the Cletk.

The Deputy-Marshal was then aSaut to adjourn
the Court, alien Mr. Butt recalled to the recollec-
tion of the Court, the motion which he had made on
se runner occasion, for a aa4pesa dares hers, ad-
dressed to the Pzesident of the United States. That
motion had been partly complied with. He wished
to know of the Cum t, whether is was not a matter
ad right for him to obtain a sabpitia darer ter If
it was not, he should then lay a specific motion be-
tore the Court.
The CH ter insets' did not believe it to he the
pa:lice in Virginia to obtain such a sahpePra u;;on
's mere application to the Clerk. The motion must
be brought betote the Court itself.
Mr. 1-1 v would say nothing on this subject, until
he understood the °Nat of the publication. If 'it
was to obtain the letter which was not formerly fur-
wished, lie would inform the opposite Counsel, that
he Lad it now au.ung his papers, and was ready to
plosl..stc it.
Mr. kiurr.—Thst is one ohjea of the application.
Another is W obtain a certain communication from
Ceetieral Eatoa to the President of ilia United States,
which i. ment.oneS in his deraition.
Mr. Hair was not cettain, whit' tr he had that
communication: but believed that it was among hi;
papers. It it was there, he istould ?crtainlp produce
it.

Mr. Burr.—But if, after a search, the gentleman
fires that he has not that paper, will ke consent out
nt Court to issue a tabitepue to the President of the
'ln ited States u mier the qualification have mentioned?
I laid) not, at the present exigency, to derange the
affairs of tie government, or to demand the presence
4)1 the ex-cutive officers at this place. All that I
want are certain paper:.
Mr. 11 r c;ou1.1 not consent to such a measure ;
he would rather that it should go through the regu-
lar process of the Court.
Mr. Ilurr.-z-Then, Sir, I shall move for a :Alfred
dares tecnes to the President of the United States. di-
reaing him to attend with certaM papers. This
Audi/corn ss ill issue as in the former instance. I
shall furnish the clerk with a necessary specification
of the papers which I require.
The. Court was then adjaurned till Wednesday,
12 o'clock.

Strand Dag.
WLIINLit) 4V, AV(.
_5.

The Witnesses on behalf of the United States
were again called over; when it appeared that
Commod.ae Thomas Truicton, Genet al William
Eaton, William Duane, Peter Taylor, Charles
Willie, John Graham, Samuel Swartwout, Julien
Dopeistre, Paul Henry Mallet Prevost. Israel
Mille, George Morgan, Thomas Morgan, Nicholas
Perkins, Robert Spence, George Harris, Cyrus
Jones, Simon Poole, Dudley Woodbridge, Ed-
mond B. Dana, John G. Henderson, Alexander
Henderson, Hugh Phelps, General James Wilkin-
son, Chandler Linsley, John Mulholland, James
Knox, William Love, David Fisk. Thomas Hart-
ley, Stephen S. Welch, James Kinney, Samuel
Morley, Ambrose D. Smith, George Peers, Ab-
ner L. Duncan, John A. Fort, James M• Dowell,
Morgan Neville, Hugh Allen, Israel Miller, and
Henry Philips, were present ; Serjeant Jacob Dun.
baugh was understood to be in town, but prevented
by sickness from attending.
Mr. Ha v then moved for a postponement of the
trial for a few days more, on the ground that Wit-
limn, deemed to be important, were still absent.—
He said, the utility of the delay hitherto :tad ap-
peared from the circumstance that a number had
arrived since the Court was opened, and, therefore,
from a larti.er delay, the arrival of others might be
expelled.
The CHIC? Joss ice observed, that it was indif-
ferent to the Court.
After a thou conversation between the Counsel
on both sides, it was agreed that a list should be
famished of the Witnesses, and of their places of
abode, so far as they had been ascertained; and
that a postponement should take place until Friday.
Mr. HAY proposed an arrangement, as lo the
mode of cunduaing the trial ; the objea of which
was to save time. lle said that the course pursued
in Great Britain on such occasions, is for the Coun.
sel for the prosecution to open his case and ex imine
all his witnesses, before any thing was said on the
other side; for the Prisoner's Counsel afterwards
to state the case on his part; to proceed to examine
his witnesses, and to make such observations upon
the whole of the testimony as he should think pro-
per ; and for the Counsel for the prosecution to ter-
minate the argement by a reply. This be said was
a convenient and expeditious method. But, in Vir-
ginia, the pratice is as follows: the Attorney for
the United States, or for the Commonwealth, states
the case on the part of the prosecution, and the
Counsel for the accused also makes a statement on
his part; after which the evidence is gone through
on both sides, beginning with the witnesses against
the Prisoner. This being done, the Counsel for the
prosecution commences the argument, is answered
by the Counsel for the Prisoner ; and then con-
cludes the debate. Mr. Hay observed, that this
mode was much more tedious than that which pre-
vails in Great ; and therefore ought parti-
cularly to be avoided in conduaing the trial of Aa-
ron Burr, in which the number of Attorneys employ-
' ed, and of witnesses to be examined, is so great ;
especially as other trials equally tedious are about to
take place • Herman Blannerhassett being now in
custo.ly. and Jonathan Dayton, known to be in this
neighbourhood.
Mr. %Vice's Atd wished time to consider the sub-
let% not being prepared to determine whether the
Counsel for Colonel Burr would accede to the pro-
posal; as this was a new mode of proceeding, to
which they were not accustomed, and they wished
to consult their client, who, on this day, was not in
Court. _ • .

hlr. Mr said he did not think this a matter of
consent: but the Court ought to fie the priatice.
The CHII4I Just ice observed, that it would be
better to bri,ig on this question on Friday, since
gentlemen, in the mean time. might settle it among
themselves ; saying, moreover, he should feel a dif-
ficulty in departing from the settled mode of prac-
tice in this country, though he thought the English
mode better than our's. The best mode appeared
to him to be this, that the case should be opened
fully by one of the gentlemen on the part of the
United States; thin opened fully by one of the
counsel on the other side ; that the evidence should
next be gone through. and the whole commented
upon by another of the gentlemen employed by the
United States ; who should be answered by the rest
of the Attorneys for Col. Burr; and one only of the
Counsel for the United States should conciude the
argument.
Mr. II a sr, looking forward to other trials. regret-
ted this decision, as it would occasion so mach la-

bony and fatigue, in concluding so many prosecu-
tion;, that he did not suppose himself cap.ible of
undergoing it. He observed, too, that the Counsel
for CM. Burr would have a decided advantage by
this arrangement, since only one of those nu the
part of the United States would have to reply to the
speeches of five or more gentlemen on the other
side.

1 he Cuts v haslet said, that although the gen-
tlemen who concluded should have to reply to live
or atom speeches, yet those speeches would probably
not contain more arguments than would, if one
only of the Attorneys should speak, be condensed
into one. '1 be numluer of speeches would not in-
crease the rumber of arguments. He uid. how-
ever, dist tb: coarse he had mentioned was only
recommended, not determined upon by the Court.
Mr. Ilan said it would be a vety difficult and
laboious task for one gentleman to answer the many
objedlions which would be started by the ingenuity
of so many able Counsel. He should wi.b, asse-
t

fore, at any rate, if the coarse recommended by
tht Cann should be adopted, that two of the Conn-
'el for the United States might be heard is reply.

Mr. sores observed, that probably an arrange.
ment right be agreed upon by the next day; and
proposed an adjournment until then.
Alter some unimportant conversation nn the sitb-
*fit, the Court adjourned, to sit again on Friday,
at twdve o'clock. _ .

7 hi, Da4.
RIDAY. AUGUST 7.

Present theCor ler JUSTICE of the UNITED STATES
and Cr ims Clalm:4, Judge of the distriZt of Vn-
gi“ia.
The witnesses were again' called over, and seve-
ral, who had not been present before, appe.sred,
and were recognised to attend until thschargod by
the Court.

The Counsel for the United States, however, not
swing as well prepared to go into the trial as they
expetted to be on Monday, (many of their witnesses
being still absent) the trial was further postponed,
And the Court wdjoutned until Monday next, twelve
o'clock.

In tto course of this day, a diffi:ulty was sug-
gested by Major Scott, the Marshal of the Virginia
distria, as as 'sing out of the order of the Coto t,
by virtue of which Col. Hurt bad been removed from
the Penitentiary-house to his present lodgings. Ile
stated that be had been informed, from good au-
thority, that the Secretary of the Treasury hail de-
elated he would not allow his charge of seven dol-
lars per day, for the guards employed for the safe
keeping of the Prisoner; and therefore he might
lose that sum, uhich he had hitherto been advanc-
ing out of his own pocket.
The Cat EF Jess Ice declared the firm conviaion
of the Court that the order heretofore made was
legal and proper—that the payments made in pur-
suance thereof, would be' sansioned by the Court,
and ought to be allowed by the Secretary of the
Treasury. He could not believe that the Secretary
would finally disallow those items in the Marshal's
account. But as the officer of the Court ought not
to be subjeaed to any risk in obeying its dirations ;
and, if the Secretary should refuse to allow him a
credit for the .noney paid, the Court had no power
to compel him to do so ' and the situation of the
Marshal was such that be dared not enter into a
controvers7 with the secretary ; the Court was dis-
posed to rescind the order, unless some arrangement
could be made by Colonel Burr and his Counsel for
the indemnification of the Marshal.

Colonel Burr declared that an offer had *heady
been made on his pan to indemnify the Marshal;
and that he was still ready and willing to give him
utistaftory s-curity that the money should be paid
him. in case the Secretary of the Treasury should
refuse to allow the credit.

After some desultory conversation, nothing posi-
tive was agreed upon; but it appeared to be under-
stood that security was to be gnat to Main Scott;
and that Colonel Burr was to remain in his apart-
ment near the Swan Tavern.