The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-01


po6tions To be correct. tjss 49,, S.,s.ss &.
On the fourth point, the court gave very
long and very elaborate opinion As to- an overt
attso tevyiug war. The opinion delivered by.
the fupresne court in the cafe of Bolln,an, and
Swartweut was declared 70 be bot correctly nm.
derfood; and thar there muit be, before an o.
vert sd eftreafon is completed. either the ac-
tuai employment of force, or a military aHem-
blage Of mensswho arc.in . pofture of war.
As foon as the Chef Juaice. had concluded, Mr.
Hay role TO obferys that the opinion ua exprele by
the court furniihed matter for the very ferio. conf
derat'on OF the Profecution. As he had not very d
tinctiY heard every part Of the opinion he hcpcd
the court would allow him an hour or two tor il,
more complete confederation. He requeaed aio the
nie ofhe opinion tor his oore particular INFECTION
Some deiultory conversation enfued on the poflib-
y and proPriety OF printing il for the re of the court
! ms arrangement was however waved when MIR
Hay requeited the Chief Tutics TO persn;, hin, 70
have the die OF the paper itftf The latter eypreed
ioms doubts about Mr.. Hays ability to defypher il
bus eheerfuily conceded to the requen.
Mr.. Hey moved an adjournment Of the court nm.
I'll "Wednesday i9 o'clock, which Mr. Lee Objected
to, on account OF the number of wtueIes who were
detained ON the trial; and Mr. Randolph on aceouu,
OF the nconyeuepees which it weuld fubirct fome
OF the jurymen The Chief Juitice then propofed to
adjoarn the court, till o'clock this evening: by
which time perhapsthe council fer the profecu,on
!
purtue, Mr. Hyirs obfsrved, that it would take a,
leaittill o'clock, TO deeypher the opinion C. 5aE
we VIII adjourn the court till O'Clock; and the
PROSECUTION are not ready, may adjourn till more
diifant time. - gE867e ~ sl
Mr. Barr. y would ak if neceGary, that tn. Jury
houd in the mean time go more at large. fiji, bro.
petition was finally rejeaed 90
thing. 49,
~ TvksDAr, Ill ee;ocS.
The court met at 10; when Mr. Has aidreT.
ed them: 81 have looked into the opinion, and
have neither argument nor evidence to offer TO
| the jury"
CT. J99ier. The jury may then retire--NI
nal. conduef them out. The jury accordingly
After an abtenee of e5 minutes. Col. Caring.
ton. their foreman. reported the following ver-
DICT indorfed upon the Indictment. -
l. ne, Of tbf.ffa-y, 5f1d tiaf Aaron Buyri5 CT
proved to be GUILTY underthis Indictment by
any evidence iubmitsed 10 us. We therefore
| hnd him NOT GUILTY"
Mr.. Burr and his couofei objected TO enter
ing this form of the verdict on the Record.
| The court atieDgth decided, that the verdcs
thon'd remain on the indictment, and that the
general verdict of not guilty, il,ould be entered
on the record. 81
Jonathan Dayton appeared. An affidavit
was e1nle.tsd TO prove that he was not at Elan
nerhafiett,s Hand at the time charged in the in
dIctment; and he was accordingly difcharred
rem It. he was then. admitted tc bail on tbs
Indictment for the mfdemeanor in the fun of
10000 dolls: Mr.. Wiiiamfcn of New Ter.
icy and Luther Martin were bis tecurities.
Mr.. hay Informed the court that the council
| tor the u s. had not detsrmine1 on the co,,,fr
which they fliould purdue whether thew fhouId
proceed to the trial oe Aaron Burr on the in.
nictmeHt tor uiidemeanor, or whether they
h.cuid move the court to Commit him for his
ira! IN kentucky, where an overt aa Is {sid 70
nave been committed at the moutk of Gambler.
land River.
From the raridity of Mr.. Woodbridge's u,seranee.
lone Errata have necearily erept into our flaemen,
OF his tetinony. As we Win to eatcb every beam of
hght that can be ihed on this intere1ing trial. wa
think 1t proper 10 eorrea them, IN Mr. Woodb-idaes
I own words. ~
EaEArA Fiji column D. yYoodbridge's tenirne.
ny-snfver to Mr.. Hay COL Burr wi5hed 70 Give
me draft on Nev-York fnr payment Sec' Infl,ad Of
~heh lay, :" agreed to taks draft on Nes-York /:
Oh. eSprened 60 Mr. Blannerhaiic,t. who handed me
the Graft my dgatisaeton at the long eht or which
was drawa; viz 90 days." ob.ervi5y that the draft
would not aii due until after the tirlr IN WHICH the
boats and proviions TO be delivered and ,h,t r
wihed 10 run no hazard. MIR. Bl with fome
warmth, aiksd me, il doubted Col Burr's honor. and
teeing the draft
i seeond column of D. WIS INSTRUMENTATION BY
fir. Writ. /" In havisg thete boats butt, did yos
anosriSand they were built for Burr or for Burr and
bafner haiie.t Noteif this quefton was sfked.
eoaid Nave made no other anfwer, than tina, th.y
were bpile ior Burr.
Mr. DEMONSTRATING did NOT, as wa, Gated, tell me
ehe uie that was to be m5de of the boats In nv
narrative or Mr.. Bannerhanett's communication to
nc, am nfrde to fay, I" evaded his eueftion bur
| could not avoid telling him I thought my firuation
peter than Precarious ore''S-I did nor evade
hts quettion but did tell him ,h.oph. INV f;,ua,;on
| Deter than preearious one
Anfwer to Mr.. Wirt's qref,ion-..infead of .sb;,
landed properly eof 10000 dollars &c Saw IN. n.
and and improvements con about 40 or so ooo--,,
would not however fell for near that fun ey.en, >.
/ Perion OF fimlar tate, with Mr. BIapnerb,T.,,
MIR. Hays queiiion--" IF delivered TO BI,nu.rh,f.
fett would you not have eonhdered yourCef 4, del;
verlng them THE boats) one of Burrs alIoeis,es -
am made to aniwet do NOT know wba, fbond
have thought "-It is impoiIible that fhould have
made that anfwer, for jaft before Rated tba, Mr.
bauner'aflett had told me he lad embarked with Col
Z. and inever had any reafon TO doubt It,
Nitnreipest TO the quefions generally about Mr.
Bannerhaletts property, I did not fpeak poii,;ve-
ne expreiiion from Tyler, was pofitive III.
vIRCINIAN PATRIOTISM,
BRITISH EMlSSARIES.
4