The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-26


had formerly applied 10 the MARTIAL to be ex-
cufed, but had been refufed by that officer.
In addition to Tome private reafons, Mr.. T..
fated, there was one of a public nature that
he hoped would exempt him from being re-
tanned on the jury. As foon as he had read
Genera Eston's depoiition in the newfpapers
he had felt and expreffed coniiderable warmth
and indignation on the fubjed likely to come
before the Grand Jury, and on that account it
might appear both indicate and improper to
ferve, however juf and correct the deciiion
might be. ts..e.
The CHEF Justice having aiked, whe-
Their he had formed and exprefled an opinion,
Mr.. EGGLEsToN repeated what he had faid
as to his warmth after reading General Eaton's
depoiitiou, but declared his belief that he
could 70 far divet himfelf of his previous OPT
Mons and feelings as to his decilion upon the
teitimony of the law. Yet it had been faid,
the minds of men of the pureft intentions, AND
as this might pofiibly be the cafe with him, he
again delired to be executed.
MIR. BURR. Under different circumstances,
I hr, ! might have thought and acted different
ly: The indgfry which has been ufed thro'
this country to prejudice my caufe, leaves
me little chance indeed of ftrd impartia.y.
1 lay, iir, there is very little chance that can
expect better man than this one to try my
cauie. There is candour- about him, in thus
bringing forward exceptions to himfelf, which
leaves me reaion to hope, that he will attempt
to be impartial. But pray the cour, TO no.
t'ce from the fcene before us, how MANY at
temPts have been made to prejudice my caufe
--on this occaiionI am perfectly pailiye.
I CHEF JusrIcE. What are your imprcf1i-
ons now.
Mr.. EoGLEsToN. ] had formed an opinion
on TINS fubJect: and it other evidence is pro-
duced, than what have already fsen, fhould
fti have the fame opinion.
CHIEF JusrIcE. If gentlemen en- both
ides are agreed, MIR. L. mutt remain.
:. MIR. HAY. 1t is, fir, Indifferent to me-
II The Pannel was here called over and IA
{ only appeared, upon which, the MARTIAL re-
quoted the Clerk to put down John Randolph
and William Foufhec.
) The Clerk was then inftrueted by the Court
place Mr.. Randolph, as foreman, who being
called upon to take the foreman's oath, addref.
leo the Court : " May il plcafe the court
with to be executed from ferving. I will aate
the reaions of that with. / have formed an
OPINION, not on the cafe nezv before the court
loecauie iSnow not what that cafe isl but l
nave 'ormeo an opinion concerning the nature
and tendency of certain Actions or tranfaetionc
imputed to the gentleman before Won. do
truit, without arrogating to rayielf any more
. than becomes man, could diveit myfeif OF
i TINS prepofefiion upon evidence but ihoud
De waning IN candor to the court and the Marty
Preient, It did not fay that l had fronss
prepofefion.
NJ. BURR. Really am afraid, that we fl,al
, not be able to find man on the continent with.
: out this prepoRefIion.
c CHEF JUsTicE. The rule is, that mar
E bu" NOT only nave formed, but declared ar
opinion.
: Mr.. RANDOLPH. lido not reco,Iea. 10 h,v,
declared one. nav
s Upon which Mr.. X. was fworn as foreman
and the reit OF the PANEL called TO the book
until it was DR.. Fouihee's turn. He addrefI;.d
, the court Hearing the number of excuGr,
: which have been made, and were overruled Inv
the court, am unwilling to bring myfejf he.
l. Iere you. But having the fame feelings with
MT Egsieiton and Mr.. Randolph, mutt move
the court to execute me.
MIR. BURR. Believing, as did, that Ghould
! meet with few men OF greater impartialitv han
Mr.: Egglefon, i did wave my objections to him
win to know, whether the court leaves TO me
the power of Directing.
CHIEF JUSTICE. Unlefs DR.. Foufhee has
declared
Mr.. WIcKHAM. There are two auctions :.
whether an opinion has been formed, And
whether 1t has been declared !?
DR.. FousHER. Having heard little. but
from "cw'paper publications having not even
hearu the who!e OF the examination, which wa.
conducted In this cityi can fay with Mr..
Eggleiton, that 70 far as ! ave examined have
formed an opinion and unleis other teRimonv
mould come ont cannot be expected 10 I'M
do my imPrefIon. But / fay with others, he
| tsRimony-Mr. Wickham obferved, that the tru.
. quetionwas, what would be his opinion, without
, reference TO newfpaper Publications: that Z
. DIR. Fouihee had faid in the abhraet, that co,
! Burr was guilty, he was An incompetent iurv
! man; but If he iad 10 alphabetically that l..
on the iuppehtion that newfpaper teffimonv
was correct; DR.. Foufhee might then decide
! InpartiaiIy not only upon the correctness of
that teflmony, but upon the force of every o.
ther.--Mr. Z. Randolph was forty, to be fore
; ed to differ from Mr.. w. but he thought DIR. p.
an incompetent juryman, if he had even decid-
ed ypothetically. Mr.. Hay obferved, if Mr..
, K. was correct, Aaron Burr might as well he
acquitted at once for that there was not man
in the U. S. who had not thought of this inter
citing cau!e; and not even boy, 10 years old.
who bad not feen the evidence in the ne,VCn,,
pers.
Mr.. Burr. One word only This gentle
man has faid that from the evidence he had al
ready feen, he had made up his mind But A,
a Grand Juryman, he will only fee the evidence
on one fIde and that kind of evidence which has
already bsied his mind. Here ttea there will
be An accumulation of evidence on the fame
) bde and nothing on the other to counteract it,.
!, DR.. FoUsHEE. / have hated, what other
anfIe 4