The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-10-30
CITE &naulrer.
RICHMOND. sot5 ocgoTrK.
TRIAL OF AARON BURR.
FOR COMMITMENT

MOTION FOR CoMMrrMENr.
| MONDAY, October s.
| Examination Of Eviaener.
| This day, Mr.. Barr proceeded to put into
execution his threats againit gen. Eaten.
Mr.. Burr addrelied the court II have I'M
derftOod, fir, that there certain proceedings
Of Court Martial, of which gen. Eaton is the
| iubjeGf, and in which he WAS charged with of.
fences, that would difquarfy him as witnefs
After satisfactory fearch, find that the papers
were burnt in the War-Cifice. have procured
| adepoftion of the chief clerk in the War Office
to f!!ow'that fuoh is the fact. This is to eitab-
lin the lois OF the papers. with view TO let in
| oral tehimonY MIR. Hey objected TO this pro-
ceedng. SupPote that this depofition did ac-
| tuaily efabhfh the fact for which it was pro-
duced, yet why efahlila it in this court? Mr..
! FL. faid he hould object TO the production of
| { he records of Court Martial. He prelumed
that zen. Eatoa's trial was of militar; nature,
! Tor iome neglect or violation Of military duty
and rot for any charge of civil nature TAX
ing this fact for granted, he prefimed that the
court would not permit the introduction Of the
original records. The accufcd was AT liberty
to go INTO evidence as to the general character
OF wltncis, but not as to any particular fact {.
Under fuch circumstances il was unneceliiry to
occupy the time of the court either with this
affidavit or with parol evidcncc.-Mr. Burr.
The affidavit proves that fuch papers were
burnt in the War-Ofce. We ihall prove by a
witnrfs, that fuch Court Martial was held,
| and that genera! Eaton was found guilty Of Ger
| tain crimes, which would dIfQualify him as
witneis in coart of Juhice. We ihail prove
| that he has been convicted by court martial of
erin'er falE; and that the records of theie pro-
cecdngs were tranlmitteG to the War Office,
where they were burnt. We fliall then produce
| & Wltneis to prove theic charges. Then will
ariie novel quefion; how far man convict ed
of crime, not in court of Common Law ju-
riidieion, is disqualified from ierving as A Wit
| neis in court OF Common Law, if it be fuch
crime rs would amount to luch dfqualiticati-
OF in a court of common law. When the court
ihall hear the proof. the queftion will then arfe
as to gen. Eaton's credlbinty and competency.
We ihaIl urge it as 70 hotk thefc points. We
ihall tiov, that the crimes were great enough
IN adctt his competency, and if they were of an
inferior dye, they would affect his credibility.-
MIR. Hay prciuned that evidence might be at
any time brought up TO affect The comp.terey of
= witnefs, bn, that if it was intended to inpeach
his eredi6ilit1, il could only be done on the
ground ct general Character; and tina; no wit
nefs's crrdibility could be attacked by any par
ticuiar charge, uneGs he had received previous
notics, and was permitted to prepare for his
defence.
After iome dfculion, The Chief J.Riee over.
ruled MIR. Hay's objection. Mr.. Baker then
read the following affidavit:
Difyi7 Of Ceim7biL, ValeiRgion Comfy IS.
Peronaly appeared before me, one of the ]uficcs
Of the Peace of the United States in and for the coun-
ty of Waihugto. in the DiAritt of Columbia, John
Smith, Chief Clerk in the War Office, who 6eine
duly lworn, dspoieth and faith, that having feareh-
ed the records and papers in t,e War Office, there
are no records OF proceedings Of Courts Marrial or
any papers or proceedings relative the fame, pre-
vous TO the year tEouland eight hundred and
one, and that he hath une!ltooi and verify believes
thst all records and proceedings of Courts Martial
which were dcpoiited i'll laid Office previous the
day Of November, in the year one thouland
eight hundred and one, were burned with the Office
and a number Of other papers that lay.-Thar
having come INFO the Office ice the above dare, he
never law any record or proceedings o Court Mar
tia hello William Eaton, and that there is no + .
cord proceeding OF any fueh Court Martial nov. in
the War Okice TO the belt of this deponents know
ledge and belief
Sworn before me thi. Gath dsv Of September A. D.
1907. RICHARD PARROT.
(Anrexed is the certificate of James Madon, Sc
eretary o. $;aic, that the above K. Parrot is Juf-
tlts OF the Peate as above ftated)
Col. HENsY GATHER
Nr. Burr Are you acquainted with general
Eaton? Il. am. Early in 20 Gen. Ea-
!S1. preiume have right to know what Is
to he proved ~ this witnefs. MIR. HTlkbam.
With relpeGt to gen. Eaton's right, that is out
ot the queiti0n. lie forgets tina; this is 4 cafe
between the Un,cd States and MIR. Burr. MIR.
Burr. lave itated twice that col. Gather is
TO prove certain proceedings Of Court Mar
;iaI. We ihai prove the conviction of general
Eaton Tor certain crimes and We may perhaps
90 further and fay iomeihing as to biz general
character. Gen. Eaton. ann willing, fr, that
the mot minute acts of my life ihouid be en-
qhired iuto. Bur, liz, have been ken by fur
prize. aid not luppofe that the tombs were
To he rabiIcEed, 20 et4Hl,nI things which hap
pened beyond the flood. But, the records of
that Court Martial ihould be produced here.
The law IN every cais requires the beit evidence.
MIR. HIckban. It is unfortunate, that gcneral
Eaton did uotb1uw that the records were burnt.
Cen. Eaton. You, FIR, know that there are al
ways 3 c,ps Of the proceedings Of Court
Martial This man Who arreited me, If he has
done his duty, Ought to have kept one copy
the Judge Advocate another and triplicate
copy at them IL fled in the Department of
War. But, 6r, If al thcfc copies are loft, |
will fupply them, & though my copy may not
De q'-rbarim aud minute, ! will furoifz the ge-
neral conttnts. ! wave my demand for the CO.
py Of the record, and If iettimopy be now in
trodnced, man only clalni Re privilege of eE-
planning, after the wrtneis has concluded. hf-
ter few remarks ft Jm the BENCH, col. GaffLrr