The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-14

81
T K 6 n S o " AGAINST THE vNlrnp
STATES.
TUESDAY, Augue IL.
The proceedings of this day were principally
confined TO the cafes of the Jurors, who were.
yeuerday iripended for fubfequent examina.
ton.
lne Brit cafe which was mentioned, was Mr..
U. w. Smlih's.-Mr. Burr obfrrved, that as
Tome real or fictitious difficulty had occurred
in the Election of iurymen, he fiould be ex-
tremeiy forry that fuch as are impartial, fl,ould
Object to thsm!elves. Should Mr.. Smith. how
ever raie iuch objections, he hinfslf fhould
certainly inhn'it to the decifion Of the court. NJ
he wihed to ttana in their eyes as perfectly paf
five.
Mr. Smhb did not know whether he defervcd
fuclf an encomium on his impariiality buthe
was certain that the arrangements of his LEGAL
buhneis would not permit him to attend this
trial with any convenience. He honld thr-
fore clliin the privilege of exemption, to when,
IN his opinion, he was entitled as praSlihng
lawyer in that court.
CD. JS'Ny0iee. This privilege would certainly
exempt MIR. S. unlefs his attendance had been
claimed by the prlfonsr. As col. B. has waved
this right, MIR. Snith is certainly executed from
attending.
The next cafe, which occurred, was of Mr..
James Henderon's, of Wood county, who
had been abfent on Monday. Mr. Bolts chaI-
ienged him for cauie; and enqurcd whether
he was a freeholder Mr. II. l am rot. He
was consequently Et oEde.
MIR. Hamilton Moryi!ou, one of the fuToeoI
ed jurymen, being called up, obferved TO the
court, that he fhoud with pain ferve on The ju-
ry for the defesdant had 10 many imaginary
thouShts againt him, as to make that feryicc
dtagreeab'e. He bad not meddled with the
priioner's tranfactions; but illouh have done
10 it it had been profitable TO him.-Mr Burr.
Rave not theie rumours excited prsju dice a.
eainit me in your mind |? A, | have no preju-
dIceter or againtt you.--Mr. Bolts Are YOU
a treeho'dcr A. | have two prten,s for land.
q Are ycu worth SEQ dollars? A. Yes;
have a horie here that is worth the half OF it.
q. Have you another at home to make up the
otber halt ! a. Yes four of them am not
sitonithed at their wilhing to fet me Aide.
Perhaps my chriftan name is a iufftcisnt terror.
MIR. Burr. think that remark is a fufficient
cauie for objecing TO him. therefore chal-
ienge you. This was the TIT peremptory chal-
ienge which the priioner had made out of the
S5 10 which he IS entitled and MIR. Morrfon
was of courfe ft qEde.
Mr.. Thomas Creei (another of the fnfpended
Venlre from Wood county, was next JET aide
by the court.
Jobn n. UeRarv was then called up +; when
the Oh. Jufice wiihed 10 know whether Mr..
US impreflions had related TO treafon, or 10
what circumstances? a. To the tranfa6tions
IN the weitern country. Q. Did your opinions
amount to the charge OF trcafon? A. My o.
Pinons have changed, as the lights Of evidence
ieened iucceiiiveiy to- rife upon me. 1t was
my hrit mpreflion, that COL B. had nothing
more m view than the fettement of the Wa
cbita lands. l next fuppofed, that it was his
intention to conquer Mexico: and laf of all,
that his plans were of more complicated ma
ture and that the taking of New Orleans was
TO be ftep towards the iuvafon of Mexico
Mr. Wiekbam. Did you think, Sir, as the re-
fnlt OF all thefe considerations, that COL B. was
dangerous man? A. did.--Mr. MeR0e.
Have you formed or delivered an opinion, that
he was guilty of the ACT charged in the indiet-
ment ! A. No; have neither formed nor de-
ivered fuch an opipion.-Mr. Baker. Have
you 10 your part of the country fupported the
ground that col. B. was guilty: and have you
thus argued in converfafion? A. Yes; / have
10 thought, on the pretump'ive evidence that
was before me; and have no, only fupported
iuch opinions; but have gone on to yindicate
the energy of the meafures that were taken by
the government.--Mr. Burr. Enough, think,
has appeared to prove that Mr. U. has taken
mp deeprooted prejudices againf me.-Mr.
MeRae. Have you any perfona prjudices a.
CAN'T the priicner? A. None have no
prcjudices agaiDf him, but from his fuppored
dehgns againft his country. MIR. Burr. Had
you not taken up fome preiudices aganft me
anterior TO tbeie rumoured traDfaaions in the
wetern country ? A. j had formed mpreiTi-
ons rather unfavourable to you, from your con-
duct during the pending presidential election of
1901: but had no poltive evidence on that
fubiett.--Here Mr.. Upfhaw was fu fpended; to
make way for general argument on the doc
trine Of challenges.
Mr.. Martin rofe to proceed with this argu-
ment He ftated, that it was one ofthe found
eft principle: of law, that every man had
right TO be tried by an impartial jury that this
rule was as well applicable in civil as in crimi-
nal cafes ; but that in criminal cafes, it had
been particularly fecured by the contribution.
Mr. M&as apologiied for igterrupting MIR.
Martin but begged leave 20 enquire, whether
il would not be fiyng of time, fri to know
the objections of all the Jurors, and then to
hold one general argument to fettIe the princi-
pies that would be applicable to all ini)ead of
thus holding IN argument on each particular cafe
as it might luccellively occur-Mr Martin. And
does the gentleman, fir, pretend to dive into
our hearts that he thus understands whether we
are to hold twelve feparate arguments? He talks,
6r, Of economy Of time. And is this the way
to economic it had fpecimen Of this
mode when ! was here on former location.
Yes, fir, | well know how thefe gentlemen