Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-05-30
"WEDNESDAY. MAY o7.

hF Tx the court h7d met and the grand
jury were adjourned, Mr.. Hay Informed the
court that the counsel for the United States.
and tor col. Burr, not having been able to
agree upon any arrangement which would
attain his object, namely, that ofhavinr col.
Burr recognised IN sum sufficiently large
70 insure his appearance to answer the
charge of high treason against the United
States, he deemed it his duty to proceed
with the examination of witnesses in order
to his commitment for that offence. He re-
GREETED extremely that it became necessa-
~, in mis- Judgment, to pursue this course.
He felt the iull force of the objections aris-
ing from a disclosure ofthe evidence before
the case should be laid before Jury, and
from the necessity of the courts declaring
an opinion upon the subject in that stage of
the prosecution. But those considerations
must yield to A sense of what his engage
ments for the United States imperiously de-
manded of him. He therefore proposed to
proceed with the evidence.
L. From the commencement of the
term TO the present moment, col. Burr with
his counsel had occupied the front bar i'm
common with other gentlemen of the pro-
iession. Mr.. Wickham suggested to the
court the inconvenience to which they were
subjected from the immense pressure of
the spectators, and concluded by request
Ing that the front bar and the one next
to it should be cleared
Col. Burr reiterated the observations
made by Mr.. WicLham, and further re-
marked, that in Their present position he
could neither confer with his counsel with
out beng heard, nor make a note, which
wax not liable to be inspected by some Of
the by-standers.
The chief justice expressed the wish of
the court to accommodate all the specta-
tors as lar IS might be practicable without
mterrUpting their proceedings. But OBJ
served that, il it could not be done without
subjecung the parties before the court to
shall that he would do his duty, and remove
those persons from the bar who were in the
way. Upon this suggestion, the front and
second bars were immediately cleared,
thout any opposition from those VINO were
seated IN them, but not entirely to the ga
H5acnon of all. A new arrangement was
then proposed, that a table opposite tothat
occup ed by the counsel for the u States
witnin the bar should be provided for col.
Burr and his counsel which being done,
Mr. Hay observed that the arrangement
was 50 announcement to him, that with the
permission OF the Caurt, he would take the
place az the bar lately occupied by colonel
Burr and his counsel, as he had no objection
10 his notes being inshected. Mr.. Hay,
with the assistant counsel for the United
Statce Immediately took their seats in the
front bar, and the vacant seats IN that as
well as re whole of the second bar were
Immediately filed by others. From that
period; col Burr and his counsel have dali
ly been seated within the bar, and the coun.
sci Tor the y. States have occupied seats in
comHon with the rest of the pro fcssion. I
BctoTe any evidence was offered on the
part Of the u. s. the chief Justice as well as
the counsel for col. Burr strongly enforced
the impropriety of publishing any part of
the testimony which should be exhibited I'm
that stage of the business. Even without
these remarks we should have deemed il
our duty to have been silent as to the facts
disc osed by ths evidence
The first piece Of Testimony offered was
the affidavit Of gen. Wilkinson. Onits in
PRODUCTION a long and dcsu tory argument
took place Its ADM zion was opyosed bv
the counsel for col. Burr, chiefly on the
ground tha5it had no application 10 any act
OF treason committed within the iu-
risdicuon Of the court, and that before any
evidence could he adduced showing an ia
!eHffoH TO commit treason, All overt act
must be proved The court seeming to in
cline to this opinion, two witnesses, peter
Taylor and Jacob Albright were introduce
ed 70 prove an assemblage Of armed men
on Blanneihasset's island.
Alter these witnesses had been exarrin-
ed, The affidavit ofJacob Dunbaueh was Of
Tered, which was - taken on the fifteenth
Of April 1907, before B. CenGS, jnsfice nj
the fedCc, to which was subioined a certi-
ficate Of Gov. WIN. e. c. Claiborne, dated
sat Ncw-OrlcauS, the 8irfceHM of April
1907" stating that "B. Cenas was a Justice
otthe peace fertile county Of New Orlcans."
TO the reading of this affidavit several
objections we're taken by the counsel for
col. Burr; but those most relied on were
tic following: 1st, that an affidavit could
under no circumstances be read, unless it
were shewn that the witness could not be
produced and that the government had
had sufficient time TO procure the attend
ance OF Jacob Dunbaugh 2d!v, that though
the governor of New-Orleans had certified
that -. CeHaS was a Justice Of the peace.
yet he had not said that il was the same r.
CeHas before whom that affidavit was TAX.
en-: 3dIy, that II. Cenas had not stated in
the caption of his certificates or elsewhere.
/ that the affidavit was taken (" at New.
Orleans" so as to shew that lie was actinp
within his Jurisdiction.
The argument on these points was cont.
nucd to ;he adjournment OF the court, who
took time to consider the subject till the