Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-09-09
Prom tae. r Tch9l1oND EMO UZRER.3

I COLONEL A...EURR.

-. COLONEL A.sBURR.
Continued by adi0smnmezt and held at the Ca
fltol in The. Hall Of The house Of Delegates,;
for High Treason against the Y. States.
| WEDNESDAY, September 2.
Mr.. Hay wished to know whether he In
| derstood the opinion of the court correctly u
to what would constitute an overt act OF trea
t.son. According to his construction ofthat Q
opinion, the evidence of the transactions a
Blanne rhassctt,s Island did not amount to al
overt act so, it would be improper to pro
coed with the prosecution of Biannerhasset
and Smith. ON the indictments now found a
gainst them. He certainly should not press
upon the jury, doctrines in opposition to tnt
I4opiAion efthe court. But sheuld consider j
his duty to enter aole hrose7ui, and move t.
send them to trial to the place wisere an oycr
act was cormitted.
The Chief Justice said that twas .undoubt.
edly TIE opinion OF the court that the facts
proven to have been committed at Banner
hassett's Island did not amount to an overt aci
of treason. But the court didnot intend tlleu
opinion should apply to the facts of any pafti.
cular case. They only neant;to declare the
! law, leaving tito the jury to determine from
the facts submitted to them, whether an overt
act of treason had been committed or not.
Mr.. Hay said hc believed he should enter q
mole trosegui as to 3iannerhasset and Smith,
and move the court 10 commit them fogether
with The Yierson 4uho 1soyy stands 6efore them in-
.dieted fora rsiseIemeanor, in order that they
may be sent to the place where the overt act
was committed if the court should be of OPT
mon, after hearing tie evidence, that it would
be proper to do SO. For this purpose he NOV
ed that Dlannerhassslt and Smith be brought
into court.
: Col. Burr contended that his case and that
of MIR. Riannertassett and Mr.. Smith, WAS
quite separate and distinct, and that the mott
on could net be blended. 10 hear tIsem to-
gether would tend to produce confusion. He
should insist that the motioa be taken up Sc
.psrately. He should also insist that there be
= specification of the place where the offence
is supposed to have been committed.
Mr.. Hay SAID thsthr did no, know that
he was bound 10 specify the place; but he
had 90 objrctlo to dong so as fal as in his
power. it was said that col Burr was al
the mouth Of Cumberland /; there he was
joined by Blanusrhassesa and Smith, and
from ihsn nee descended DIR river with rte
forces which he had beeo collecting their
plumber Of ,mes and military .ccoetcr
menss increasing till The momeo, ,hey were.
dispersed. Il will be 10 4he.poser Of The
court 10 4say after the evidence SHOULD
be heard, whether they should DE sens
70 another place tor trial. and to what
place HE confessed tia, be made
! rhe motion with a great deal Of rsluc,<-
enee he had pondered the suhisc,
very much, aud IL was the course which
his.ronscience and sense Of bis duty pre-
scribed. ] he form, OF the molten was
objected ro. It was said tina, we had no
right 10 blendlhe examination Of the three
persons accused. The propriety Of this
course must be obvieGs. zBlaEnefh ,ssett.
aud Smith could no, be bound BY evidence
which was not delivered 10 their presence.
II ame,ion should be made separately. the.
evidence. uisttb be three times repea,ed. I,
10 supposed that much confusion will re,
suit from . Jpiu, examination, lie did
not expec. TO have heard such observations,
addressed to the cour,. However chao,ic
however confused the case may be, the
court will have no difficulty re separating.
the evidence and applying it to each per
son. Bus he believed the testimony would
bear equally upon all T; for they were all
present. lfhowever it.should be the plea
sure Of the cour. to hear the mo,ians Sc
sparately he should acquiesce.
Col. Burr remarked that there would b.
no necessity ,o,'epeat the testimony, be-
cause the cann could recoilect il and apply
it to the case Of each indivIduai. Besides
some evidence night be deemed
hY one which would not he b., snother