Star.
London, England, 1807-10-05 00:00:00

'ILA OF COLONEL SURR.

Saturday we received the New York Papers of tl:t-.
23d r fAngult.
From the Gatette of the toth we extra() the f.:11:.v.t.
ing article :--,
" The Trial is expeded to commence nn the 2oth-
Sereral days have been cunfumed in challenging
Jurors of the whole Veld, c of 4s, only 4%, etc
eleeled, the ref) having been decla•ed unqualifiA, by
having previnufly expictied opinions unfavourable to
Colotnel Burr. .

•64As a fpecimen'of the declarations made the
Jurors, we 111311 fele& )he tall..wing, as tending to
thew the [late of public ()pillion on this Itibjedt:---
66 David Creel had framed an vittion, from the
flatements in the newfpapers ;.and it there were true,
the prifoner was certainly guilty. He had cxpre(kd
belief that he was guilty o 7 the charges now brought
agaird him ; and that he.fh uld be hung. Set
".Mr. Hamilton Ivlotrif 11, one of the forpen:leil
Jurymen, being called up, nbte-ved to the Court,
-that he fhould with pan ve on the Jury.; for the
defendant had fo many imaginary thoughts ng,tiort
him, as to make that fervice difagreeahlc. He 4rad
not meddled with the prifonet's tranfaetions; but
fhould have donefo if it had been profitable to him.
Mr. Buart--Have not rumours excited a prejudice
againit me in your mind?—A. I have no prejudice
for or againll you.—Mr. BoTrs. Ate you a Free-
holder ?—A. I have two patents for land.—Q._ Are
you worth Soo dollars?--A: Yes ; I have a norfe
here that is worth the half of it.—Q`Flave you ano-
ther at home to make up the arther waif pf it.?—A.
Yes ; tour of them. lam not altonithed at tlizir
withing to fet me afide : perhaps my Chrittian name
is a fufficient terror.—Mr. BURR. I think that re-
mark is a firfficient caufe tor objaling to him : I
therefore challenge you.—This was the Rat peremp
tory challenge which the prifimer had madei•dOt of
the 35, to which he is entitled ; and Mr.lldirifon
was, of courfe, fet ifide.

John HoraceUpthaw declared, that he did. not con •
ceive hiaafelfto Rand there an unprejudiced juryman ;
that he had formed opinions halite to the peifoner,
if opinions they can be called, which are formed from
mere newfpaper teftimony.—Mr. BURL. We dal-
lenge Mr. Upfhaw for cattle.
Mr. Hite. Then, Sir, I Mon feriouTly apprehend
that we than have no Jury at all. I folemnly believe
that Mr. U. is an impartial juryman ; and I will
venture to affert, (whatever credit my friends 090 the
other fide will allow to my aflcrtion) that I myfill
could do juaice to the accuft:i ; as I believe that any
man can who is bleffed with a hund judpment and
integrity wculi do alfo. We might as Well enter a:
once a no 7 Isrtrequi.
Mr. WIcKHAM.—Then according to • the gentle-
man's dodrine, any honed man, no matter what hi:
impreffons may be, is a competent juryman. Is
this agreeable to the principles of law ? Does the
gentleman. mean to infinuate, that when we objea to
a juryman, it is from his want of honcity. No, Sir,
every man is fubjeCt to partialities and avetflons ;
which mutt unconfcioully fway his judgmeist. Mr. U.
does no doubt deem hitafelf an itnpartiallurymar: ;
but Mr. U. may be deceived.
• After fome defultory arguments between Mefr s.
HAY and Wreaaara, 'Mr. Wier proceeded to afk
Mr. Upfhaw, whether he had under llood him to fay,
that notwithßanding the }while imprcalons he had
taken upfront newfpaper reports,thefe impreffions had
not received that determinate char after which might
entitle them to the name of opini nsi—Such i, my
Rate of mind. I have received impredions holrile to
Colonel Burr, and have ezpreffed them with foine
warmth. Mr. Upfhaw Rated, that his impretEons
had been drawn from the documents furnithed by
Generals Eaton and Wilkinfon ; that he had con-
ceived that the prifoner had been guilty of fome cri-
minal ad againit the public : and that he had g'.ne
on further to vindicate the condi:ll of thofe gentlemen
who would appear as the principal witnefles againtt
him, and alfo of the government in the meafiires
which It had taken to fupprefs his plans. Mr. Up-
flaw's cafe was fufpended forfubfequent examination.
Mr. MARTIN role to proceed with his argument
and challenges.—He Rated, that it was one of the
foundeß principles of law, that every man had a right
to be tried by an impartial Jury ; that this rule was
as well applicable in civil as in criminal cafes, but
that in criminal cafes it had been particularly teemed
by the Conftitution. Mr. M'ltae apologized for
interrupting Mr. Martin, but begged leave to inquire,
whether it would not be a laving of time, &It to
know the objalions of all the jurors, and then to
hold one general argument to fettle the principles
that would be applicable to all; inflead of thus holding
an argument on each rarticular cafe as it might fixed.-
fively occur.—Mx. Marrea.—And does the Gentle-
man, Sir, pretend to dive into our hearts, that he thus
underflar.ch, tt!::!!vr• we at: t t hold twelve feparate
arguments? He taiks, of ec-morriy of time.
And is this the way to economize is ? I had a fpeci•
I men of this mode when 1 was !fete nn a foi net occ.,-
ion. Yes, Sir,l well know how there Gentlemen would
fave our time. They would, if they scold, deprive
Colonel B.'s Connie' of an opportunity of defending
him ; that they might, at loon as potUble, hang up
their victim, to gratify the feelings of the Govern-
ment. Mr. M'RAR.—'l'hat is a moil unrrinciplcd
and unfounded afrertion ; I fay it, Sir, t his face.
—Mr. BURR. We have entered into this argumen:,
becanfe we thought it more precile to fix the princi-
ples on this fubjeet at once, and then to apply tittle
to the particular cafes. Mr. HAY.-.4t. is our wiTh,
Sir, to purfue this inquiry as loon as ptili'3le, and to
lave time ; but, Sir, it is impofilble for us to hear
fuch grofs infults as have been calf upon us; intuits
which are ofienfive to humanity itfelf. The Chief
Juitice Lad hoped that no fuch alloficns would have
been made. The Government ought to be treated
I with refpeft. •

The Court afterwards awarded a venire fr:r 48 more
Jurymen.

The great and extenfive fralernity of Smitr: has
been frequently charatierized tor teciturnity. A fob.
jeCt, however, has at length {tined, which has occa-
finned much converfatinn among there finial
and which is, the new Lottery plan, ir,w fn near its
cnnunencement of Drawing. But the " thought-
infpiring plant," has not lint, cAufed them to fee
clearly the uncommon interelt of its two Ssheme ,
but to Imokc alru the motives of fume, who enJe.:•
your to decry them.