The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-11
RICHMOND, Iltb hgcvs4.
TRIAL OF AARON BURR.

4
! FRIDAY, Augut 7.
| The following new witnenrs aDrearsd ,h;.
DAY: Lieut.. Swarinsen, William McFarlane
and Lewis Kerr.
mr.. nay ohterved. that he had nothing more
| TO iaemit to the court and that he hoped ain
the material wiinefies would be preftnt OF,
Trial. 'NS
MONDAY, Augua 10.
!, HERMAN bLANNERHAssEr wss This d,v
!! brought int Court ny
Inc 'ot"wlng gentlemen appeared ard were
recogn'<ed: Return 7. Meiss, Maurice, p. Bri.
nap, Charirs Duvall, Janes Taylor, Tunls DTS.
Bepne't Cook, Hezskah Lewis, and C. Y.
| Vanhore.
MIR. %,irt moved the Court to difcharee Dr.
Wa'diAw, one of he Yeniys. His wife Was in
ext'sme danger, and required the aiIi,tsnce foa
| iR-voyage. The velel would rlil to-rnorroyss
W. JyPiee.-Is the Court to underRsnd thai
mere Is no objection to this Ineafure ?-NIf.
6"Fr-lt the remark be addreiicd to nix. Sir.
l can only fay, that nall remain p4fiive dur.
iNs ne traniae.ian.-Dr. Wardlaw was thrn
diimiiscd.
MIR. MeRHe alto moved the difcharre Of Mr..
! N'"uoiph narriion, whole extreme indiipof,i.
on was attetted by certificate from Dr.. A.
dams.
| Ar. H. was accordingly difinifsed in the fame
| manner.
Mr., Hay moved that H. BlannerhalIes be az
| 'd'gneo Tor high tTeaion which Mir. Bolts co.
Poied On the ground that he had not been FIR.
! 'ihed with copy of the ind iGtrncnt for three
Gays Alter ioTe defutory conversation ON
tbis circunifanCe, MIR. Bolts reouett.d tb,,
nir. D. might be re-couducted TO The Pepiten.
nary AS he was extremely indiipo.rd, and the
neat nearly overpowered him. No uppoiition
was made, and Mr.. B was accordingly recon-
outtsdto his prifun.
at Mr.. Hays requeft, the PANEL of the Ia.
ry was Called over by the Deputy Marihall.
and alto, at MIR. Barr's requet, the lit of the
~'theileS' whom lie had iuhpenaed tor the
PurPoie or lnVeitSstirg the Qualification of
tume or The Venire.
,'a!'hs that Mr. James Henderfon is tick of
o'lIous FEVER and incapable of attending
ME- GlcRae then read certificate from DR..
oFSenhow, ihewing that David Bullock, Ella.
one OF The Ven'ra was prevented by indifpoh-
eion from d!chargng his duties. Mr.. y. was
accordingly executed.
:, The Clerk Informed Mr.. Burr, that he was at
"oef'y to Challenge fuch of The Vanire as he
might object to. Mr.. Bur- beg. ;ed leave o inform
the jurors, who were within hearing, thar a
great number of them may have formed and ex.
pre led opinions about him, which might diC.
qraify them from fyrving ON this occ.hon: He
expected Thai as they.c3rne up, they would diff
charge the duties of contentious men, and
eandidly tta;e all thefe ohje6tions.-T Depu-
ty Marihal then fummoned
l. Hezekiab Bhe&y.-Mr. Bots. We chaI-
enge you for cauie. Have you ever formed and
expreaed an opinion about the guilt of Col
Burr Mr. Bucky. have not, Sir, Gucr
nave been tubpG,aed.-O. Had YOU before
a. had formed one before in my own mind.
MIR. Hay wifhed that the queilon the on
pon'e counse' could afume more preci!e and
dehnlie form II this quettion were propofsd
10 tins panel apd to every other man, he would
venture 10 predict, that there could not be a iu-
ry irlected in the Rate of Virginia becguie he
did not Believe that there was Jingle man in
the Rate, qualified TO become iuryman, who
had not ia iome form other, made I'd and
declared An opinion on the conduct OF the pri.
foner. The tranfactionsin the weit bad exeit-
ed univeridl curio6ty and there was no man
who had not ieen and decided on the docu.
ments relative tothem. Do gentlemen con-
tend, that in cafe 10 peculiarly intcreing
10 all the mere declaration of an opinion
is iuificent TO difgualify a juryman? A
doctrine of this fort would at once acqut the
Priioner; for where is the jury that could try
MN! Such 4 doGlGne amounts to this that a
man need only do enough 10 draw down the
public attention upon him aud he would imme-
diately effect his difcharge. Mr.. II. concluded
with hope, that the queilon would alTume
more dtHnitiVc form ne mould not pretend
to decide the form on which it hcud be pro-
poied; but it was privilege To which every
court is entitled, and one which the court had
extrciied, that had prelided in the cafe of
James T. Calender.
MIR. Bolts conGdered it as misfortune ever 10
be deP!ored, that in this country and in this
cafe, there had been too general an expreGion
of the pubic ieniiment, aud that this generali-
ty of opinion would difoualify many but he
had never entertained doubt, until the profe-
cution had avowed it, that twelve men might
be fouad in Virginia, capable of deciding this
qneision, with the ftritief importantly. He
till trutted that the Attorney tor the Ua;ted
States was miltaken that the cataftrophe was
not completely iixed and that every man in
the Rate had not pledged himfeifto convict Col.
X. whether right or wrong. He was not pre-
ient at the trial Of J. r. Calender but all a
merica had heard the quefion which was thea
Propounded to the iurymen; ard tbat was
whether he had made up and exprefed an OPT
Mon refpefiing the guilt OF the prifoner.
Mr.. Hay would put Mir. Bolts right in mat
ter Of fact. The court would recoiled that
on the trial of Calender, the quefion was not
whether the jurymen had found and exprefIed
an opinion on thar cafe generally but on the
iutjett matter that was 10 be tried, and couch.
ed IN the Indictment. The queltiou then in the
preient cafe ibould be Have you formed aud