Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-07-17
! FROM THE HIRCINH ARGUS.
TRIAL or COL. AARON BURR.
coNrIruEp.1 ~ 2S

Mr.. Writ alter commenting on the o.
pinian Of Judge Grip, said that Judge
Gripp only alluded to papers not in the
possession of the Witnesses who might
come before the grand jury, but letter,
or afidayits Of deceased persons. He
asked the Court IL It would not be highly
proper, that General Wilkinson should
have the privilege Of snbmitting 20 the
grand jury Whatever papers tina, might
illustrate the statement he would give.
ar. IT said i appeared 70 him thar
all the papers ID the possession Of Gene
raj Wilkinson which might throw light
upon the present transactions, would be
the most proper evidence to be submitted
70 the grand Jury. n n. ~ s1es +
Mr. Wickham replied, by adverting
TO the former promise ofthe pablo Al.
torney, who seemed now willing 20 de.
viate from his promise, BY drawing .
distinction between the papers which he
the attorney would submit, and the pa.
pers which Gen. Wilkinson might think
proper to submit. That by this argu.
meat any witness might carry up impro-
per papers; which would have the same
improper effect upon the minds of the
grand jury as ifthey had been carried up
blythe attorney himself. Mr.. Wickham
then mentioned the circumstance of "a
particular witness (Mr. Hay himselD
who was prevented in the case of Judge
Chase from refreshing his memory By
the reading Of particular memorandums.
Mr.. Writ asked the court IL he ever
stated that a narrative written by third
person would be proper evidence. He
denied he ever made such statemet.-
He only alluded to original letters in the
possession of General Wilkinson, which
he could substantiate. He did not saw
what Mr.. Wiekham had made himsay-
That he did not wish absurd positions
should be put into his mouth. sa,+. a35 J
Mr.. Wickham denied having ever put
absurd positions into his mouth but
that his argument was absurd. which
naturally must lead to absurd posi-.
tious: He did not say Whist papers were
in General Wiikinson's possession pro-
per or improper. He only meant that
neitherGen. Wilkinson Eor any other wit.
ness should carry up papers that did not
previously pass through the hands ofthe
court. The attorneys object however
was, that any witness might carry Up
what papers he pleased, which he should
always oppose. ~1gst = ~. ~ -
h Mr.. Hay stated he meant no such
thing-He only meant that the witnesses
might be allowed to refresh their memo.
riesb by paper, by looking At notes. He
said Mr.. Wickham attempted 70 support
his argument by referring 70 the case of
Judge Chase--He could not say what
was done On the occasion but ne would
say what was done was improper and
contrary 20 law He cited in support &c
his argument the case OF Hardy & Horne
Tooke in England, where ! witness was
allowed to refresh his memory in open
court by referring TO notes. a.zss IA
G Mr.. Bots replied, IN the case OF
Chase, legal or not, it was decided by
the unanimous vote Of the senate. r.,
Mr.. Hay denied it was so decided.
Mr.. Martin affirmed it was. s, sir,.5,
MIR. Bolts proceeded and detailed in
full the circumstances of the case before
the senate. the witness IN question hay.
ing been Mr.. Hay himself He after
wards enforced his argument by stating
several Improper effects that necessarily
would arise were the witnesses 1t liberty,
to produce letters and papers to the grand
jury, that had not passed throughs he in.
sPection ofthe court. 81 2: 4. 81 !.
The court delivered their opinion
that o. the grand jury had the privilege
Of sending for Witnesses, they had also a
discretionary power Of Judging Of the
reception Of Whatever papers they might.
offer. ifthose papers formed part, Or
regarded the transactions respecting
whichthe witness va. deposing.
{ Mr.. Hay begged TO observe 10 the
court that General Wilkinson might NOT
only refer % letters directed to himself