The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-22

was mentioned. was that they were to work the
boats 6own.-Mr. Baker objected to this kind
or evidence. H contended that the ben fort
o. evidence ought in every caf. be rroduc ed {;
| and that 20 pGDer ought to be mentioned,
winch was n0t cNh,ii.v ed in court.---ihe 90.
lection WAS overuied; when Mr.. Hay aiked
the wi'nsfs WheiLrr hr was certain they were
| 10 go to y. Orleans firR. Il. am. recoieSt
the articles wee read, after we got ir,o the
boat. Mr.. MsRae. Md they were to fervs
months ! Il. they were.
SATURDAY, Sept. 10.
Examination IF Jaea5 Dam6aycb.
Mr.. Hay. Will you de'crihe the f.uatioH Of the
party AZ tle uou'h CT Cumberland Rivera W,tnels.
Am TO b. confined TO the Cumberland river Mr.
tfay. You may 70 down to the Chiekalaw Bluffs.
Mr.. Boht Go down to the MiHiippi river: and
whether you 60 further, the court " III inltru
you. Some dc'u.:'ry coaverlaton here eniued Gil
this point, after which the wtneis proceeded.
On the Goth Dee 1907, very early III .he morning.
inlall Skif with four n,en and MIR. Hoohus. arr;
we'd at Fort Malle. Some tim- after he arrival of
this Ska, Capt. BiGt" [conlmandant at the ForO de-
tailed me Tor command to 20 the mouth of Cum
berland river, to purchae beef for him. o. What
were you. A. iwas and am Till ferjeant in the ar
my ot the United States. He told me was to call
OH Col; Burr with his compliments; and if Col Burr
wanted MY aili!sance, that was furpiih it, Capt
Bfleil told me, this Mr.. Hopkins, who came in
the XIII with men, was going Up with me. Wheu
we got half way up the Cumberland river we Rop,
and aiked MIR. Hopkins his bufueis at For, Ma!ac,
and he fad it wa. to ak capt. BiIen whether he
would oPPoe COL Eurr's palling by the fort. got
to the mouth of Cumberland about half an hour be-
fore fun fet, on the Goth Dec. and landed: Col b.
was then encamped Cumberland Hand. After
had croed over to the iland, faw COL Burr and de-
livered capt. Bifes meffage Col Burr fai,i he was
much obliged to him. and that Capt. Eiaell was We.
~ good. Col. B. aiked ME Is not this nv old
friend 2 had ieen hun befor-. He iaid lie be-
iieVed | drank no brandy; and az. ME if would
| not have glals of wine. When | drank, toid
here's iuccefs Col. Burr and his undertaking :"
and Mr.. Bannerha1et, (ths was the frR time ever
rum tamped his foot and faid Amen" Col Burr
told me that nun take breakfsft with hin, mex,
morning, replied that | would. On the 9th, faw
Col Burr and told him, was going to the Carlton
| lie told me to bear his compliments TO Capt. Bnsn
ara sed me could take barre. of apples TO him.
| told him, would. Whila they were getting III.
apples on board, the wind lprung up very rrsGi and
was lot able to fart In the courfe Of that day,
| eroied him fevera times the Kentucky f,ore
and ievsral of his men. During that day, col Burr
aiSed me, how would like to 20 down the river
with him. lreplied very well, i'll could obtain the
| content of nay general He fail that that would
make no odds: He would hI it without This was
on the 27th, and on the 2sth, called on col B. and
told him was going to Fort MsIac. He ent his
eon'plimentst to Capt. Bcll, but iaid he expected he
wose get there before me. told him. that he might
mann his barge well as he could would arrive there
before him. arrived at the garrilon fometinle in
the afternoon.
Mr.. Bets. There you may itop 1, i, impeffibIe
to progrcls without running into iome improprietv,
inlsis we aicertain the limits within which the wit
neies are TO be confined MIR. Hay oblervsd that
ne did dot mean prove any ae7s Fort Mahao. -
Alter lone convsrla,'I the examination proceeded
Mr. Hay. Did you Zee any military parade A.
law the men drawn up at the mouth of Cumber-
| land. =. How many men a | did not count
them; bat iuppoie there were about 100 O.
What kind ofmen =. Generally young men,
Mr.. Wi,t. Did they look like hard abourers? A.
The principal part did not. Q. How drawn up !?
were they drawn up in line A. No they were
drawn up in three wings Q What dc you mean by
three wings dviions ! III. zsitneI here deceribed
their petition, by drawing figure on the floor with
his foot They defcribed three fdes oil fquare.-
Col. Burr was introduced by Col. Tyler, beginning
at the lett. The party gradually fell in and formed
| 4 circle. Mr.. Hay. How introduced? A. He went
| around and nook hands with every man. Mr. Ruv
Did you not fee fome chefs ofarns Wr Brr- OBJ
Jceed to this manner of put,iRg the quenon Mr.
Hay admitted that he had put the queaon inadver-
tenly; he merely wiihed Mr.. Dunbaugh 20 Fate
VIVA, he knows of the chef, of arms Mr. Bolt,.
State what you know of any chefs of arms within
the United States. WifneG I did not fee NOR.
than a few rifles at the mouth of Cumberland
fHr. Hay. think the court yeAerday decided, that
wewere at liberty to fate any oir1umtanoes out of
the u States which were explanatory OF the aai
done within the u. S.
On this topic long aud defultory dfcufion enfu-
ed. The Oh. Junice at length decided, that If an
overt aa be laid at the mouth of Cumberland river
If military aGeniblage faid 20 be Tier. aren,
bled, that evidence beyond the limits of the flates
might be produced to thew the military attitude of
the party tina, with refpe& to this particular sueC
ton, if the witneles could fow that no other arms
were put or board, and if certain arms were on board
a. certain place. 1t was iome preiumptiou that thefe
arms had been at the mouth of Cumberland river
and that he underaood it the intention of the
Proiecution to fhow that this party were in fueh
tate at ueh place, that they might be able to infer
that the party in a limilar fate at the mouth
OF Cumberland. In this point of view he conceived
that iuch evidence was adnlifbe.
Mr. Hay. State then, Mr.. Dunbaugb, what you
know on this fubject. Did you leave Fort MalIac
with Col. Burr! A. overlook him az New Ma
drid on the IN of January. O. Did you then 90
down the rvar with him A. Yes, in his own boat
-Nr Wiekban repeated his objection, to this kind
OF evidence. How was the witneis to know whether
arms might not have been fublequenly put on board
the boats! He was not always in Col Burr's boat
nor was Col Burr's boat with the ref. Can this be
good tettimony !-Cbisf JUPiee. The attorney is to
Thew that hereafter. He is thew, that there was no
come cion between the boats aud the more. Mr.
Wieibam But fuPpofe that he has no teRimony TO
that effec Ch Jufice. Whether arms were flb
lgxfr 10 tperr =.