The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-01-06
FRANKFORT, December II.

The renewal of the motion by Mr.. Davefs,
fora grand jury, being communicated to Col.
Burr, he repaired to Frankfort, where he arriv.
ed on Sunday wcek.-On Tuefday following
Col. Burr appeared in court the grand Jury
ALTO appeared and the Judge delivered the charge
which has been publiihed in the Palladium.
Mr.. Daviels informed the court that he was
not ready to proceed, and would not proceed
till all the wi,nefies were on the ground that
two ofthem had not yet appeared, and intimat-
cd that Col. Burr's prefence was not required,
and was rather oftentatious than ufeful or pro-
per.
MIR. Clay and MIR. Allen fnggeaed that the
grand jury being fworn and charged had right
to meet at fuch times as they pleafed, and were
not the mere machines of the ditriS attorney.
Mr.. C'ayin anfwcr TO the remarks which tend
ed to reProach Col. Burr for his voluntary ap-
pearance, was animated and ingenious, and
| commanded the af1ent and admiration of the au-
dience, The judge declared that the grand iu-
ry had right until discharged, to retire to their
chamber and proceed to enquire of any matters
within the fphere of their duty. They accor-
dinghy retired and after fometime returned into
court, and reported that they had nothing to
prefent.
Mr.. Daviefs informed the court that he
fhould have fomething TO lay before them the
day following. The court then adjourned af-
ter having infrucfed the jury to appear on the
day following at ten o'alock.
| On Wedncfday the third inf. the court
met, and the grand jury appeared. Col. Burr
was alto in court the judge then took oceaii-
on to fay, that the former grand jury had been
discharged on the requef OF the dinriet attor-
ney, without proceeding in the enquiry, which
on reflection he deemed improper, as on fur.
ther confederation, be found his opinion had
not been Efficiently matured. Mr. Davief.
then called to him the foreman ofihe grand in.
ry, gave him paper and fad in an audible
voice, "This is An indictment againft gen. John
Adair." II ihould be noted that the abb, nee
gen hdair was on the preceding day aligned
as reafon by Mr.. d. why he would not pro.
coed agdintt colonel Burr. Before the grand
jury Withdrew, Mr.. ID. laid he f1ould claim II al
a night to go into the room with the Jury and
on this claim of right a debate of fome length
emitted, in which the ground taken by Mr.. d
was conietcd With ability and fuccels by MtGrs
Clay and Allen.
d foou as Mr.. Burr's council had clofed
theft arguments on this point, he rofe and adj
dreiied the court ia a neat, pertinent and argu
mentative ipeech. He called to the recollection
of thofe prefent, the courfe this bufnefs had ia
ken. On the fri intimation of charge being
exhibited aganf him, he had haftened to pre-.
isnt himfelf before the court. He had done f
a iecond time, without cempu!fory proceis, &
afked II this mode of process ding evinced de.
fire to fmother enquiry, as the attorneys yea
had induced him to. intimate. That gentleman
would recole6t he had even aiiifed him in pro
E curing the attendance of fome Of the witnenes
He wihed an nveftgation TO take place, and
+ he hoped it would be \ satisfactory one but al
!, the fame time, conducted agreeably to tb;