Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-10-02

magistrate, he was disposed 70 let in any
evidence explanatory Of such doubt,
although he might NOT perceive is bear
ing or its relevancy, ss..l&.sz St. ~
Mr.. Burr denied that there could be =
ny equivocal act 10 law; that every act
must be either innocent or guilty and
that no explanatory Or collateraleVidenes
could be introduced to exc out the 1evi..
denc of an overt act. He denied that
there could be anovert act of treason un.
less there was either actual. or potential
force either actual hostilities Or virtual
intimidation and that this vas the FIRST
and only case in which il had ever been
decided, that mere military attitude
was sufficient to constitute treason. e.
On Monday Mr.. Burr came prepared
TO discuss the propositions which be had
advanced on Saturday. He added that
no man could be more dissatisfied than
himself witht the delay which such an arr
guheut could produce but, he had an
additional reason for desiring such de-
lar 4 IS he had that morning received two;
lsuers, which iatima.ed that evidence
vas coming on, tending 90 prove that
the public and himself had been sacrificed
and sold. .. ,.-s, -. Z
The CHEF :u..ice was extremely ~.
wiling to hear any argument on these
proportions, but If. the gentlemen be-
lieved it to be essential, he would bear
then, With great deal Of attention. He
could have no. objections to any delay,
if it should contribute to introduce testi.
uony on either side, that would serve to-
explain things in manner dot before ex-
planned: "a. ,.-t+..~,,s. i, ..tts.,>:-.s
After some remarEs on the inhumani.
~ Of OBTAINING the Witnesses here. Mr.:
Hay then announced his inteution, of
taxing their dispositions At the Washing
tom tavern immediately. The opposite
counsel objected to this course. The
chiefiustice declared that it was extreme
ly probable he should hear these deposit
tinns, if they were taken. Mr.. Hay and
Mr.. M'Rea accordingly left the court
fJr that purpose. . : Ky -. !: b.
After some desultory conversation the
counsel for col. Burr waved the argu-
+ment which they intended to urge, and
the court proceeded with the examine
ton Of the evidence. Jacob Dunbaugh
was again introduced, and examined at
Considerable length. He was followed
by James M,Dowsll, for the second
time, and by Israel Miller. - =
In the course Of these proceedings,
Mr.. Hay suggested the proprietv Of
diseharging such witnesses as had alrea-
| dy been before the court on the treason
F.! case, ss-s .@.~.- -
I Mr.. Burr objected to this discharge.
| He observed. that Mr.. Eaton should at
allevenss as,ead the court as he intended
to disqualify his. evidence aud to show
that he ought not to be received As wit
4 ness ia court Of justice. ~. -.
On Tuesday the examination proceed.
! ed. jacob Dunbaugh was, again called
in. He was followed by Stephen S.
! WEIGH =; by VIM. Love, for the second
time by Samuel Moxlew. Chandler
Lindley and John Mulholland. -@1*
j Mr.. Hay then observed, that i was
| unnecessary TO trouble the court with .
repetition or such testimony by other
{ Witnesses that he had only another
/ witness ne wished to introduce On those
points David Fisk, who was now sick,
and whose Opposition must be read in
evideRce) that he had hitherto produ-
ced witnesses who had been at the mouth
t Of Cumberland, toexpiain the complex.
ION aud Intentions Of the partyi and
AZ. Ii - LII - 1906, - aV.,rS,-
Educe Other witnesses, who had NOT there
been prsseat, TO explain those intentions
still more distinetly. !. i
journed lin Wednesday ioo'eloet. =. =, y
>s.. z.,>..ss. - FRoM RICHMOND.
4 On. Wednesday Mr.. Hay made his
motion 70 have Burr. Blannerhassett.
/ and Israel Smith sent 10 the western
- . 2. q - n N -