Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-12


territory unknown" was mentioned instead
1t Mexico. MIR. Hoy observed to the jury
shat, II any OF the charges in those seven
counts were proved, it would be incumbent
upon them to find the defendant guilty.
lie proceeded to state the general outlines
| o: the facts which would be proved against
The accused; that he with others had for
med design 10 divide the union, 70 seize
New Orleans, and 20 attack the ttominonS
| o. tile Eng OF Spain thar men, arms, and
provisions were provided for that purpose
at BiahnerliasSct's island; that the men
were assembled at that place, under his
direction and left it, in consequence Of a
communication from him, warning them of
danger; that they went down The river o.
mo, and met him at the mouth Of Cumber-
land, where other arms and militar, stores
were collected, and ether men were Assem-
bled that the whole party put themselves
under his command, and proceeded with
him to the neiyhOorliooi of r atchea where
they understood that their preliminary
point (the seizure of New Orleans) could
not be accomplished that this defeated
! theiT enterpriZe, and hortiy afterwards,
they dispersed; bus the act of Congress
was not intended against those only who
should accomplish such an unlawful enter
prize 1t was sufficient If they began 1T OF
provided The means.
Fir. Graham Gate Secretary of the Or
leans Territory was called as witness.
| Col. Barr wished Mr. Iav to state the
substance Of what he intended to prove b,
Mr.. Graham. Mr.. Kay. ] expect t.
prove by Mir. Grahcm that The accused
was the leader and preparer OF the expe-
dition.
Col: Barr. Such general declarations are
not Sufficient they ought to DC stated with
more precision. Mr.. GrGhcai never saw
me bur once; at u ashimgtois in the Missis-
sippi Territory
Mir. Eay. Ihope we may be permitted
20 so on without interruption. i know not
exactly what MIR. Graham, will saw have
not had the advantages which ofher heo
ifFe nave enjoyed or seeing the evidence
laid before the Grand Jury. | Can only
say, therefore, in general terms, that MI.
GRAHAM IS to prove preparations in Vr-
gina.
Col. Burr wished the gentleman in the
hrSt place to c.atinc himself to proof of The
fact laid in the Indictment
MIR. Botfs. The Court before suggested
that the Counsel for the u 5 had better
prove the fact first but this recommends
ton o. the Court was disregarded hope
the Court will reConsidtr IN opinion that
permits the prosecutor to do WI ong, when
right and wrong are both set before him.
We were at first disposed, rather than dis
turb the proceedings, to let the gentlemen
follow their own " lucid order'' But we
hope they will be compelled 20 prove the
military expedition from Blannerhassct's
Island first. They may then search for
SFnG and nonsense 20 FIJI up Uacuuais.
Mr. HAY. l VIII take the gentleman at
his word, and proceed to the Island OF
once after which we shall produce not
g slut and nonsense"tO the Court and Ju-
I ry, but incontrovertibc facts 10 prove tn e
guilty designs ofthe accused, and his con
nexion with the expedition.
Peter Taylor (Biannerhasset's gardner,
was then sworn.
MY. EsffS. l wish it to be understood
thag we reserve our objections to any part
OF the testimony which may be impro-
per.
Peter Taylor was fully examined. rs
} he had been III the trial for Treason. His
| evidence was exactly consistent in all It's
parts, and expressed with all the simplicity
and force Of truth.
Maurice p. BcLlaah (who had also beer
examined heretcfore) was called.
= Col Burr. l wish MIR. Bclinah to be
confined to circumstances occurring cn the
Island '''>
Mr.. Lay. / shall ask of Mr.. BeHuaa all
; that he knows.
, Col. Burr objected to evidence of fact.
out ofthc District of Virginia was willing
that all the testimony taken before shouIf
be read to the Jury from the Judges notes q
but wished 10 evidence to be admitted
oi expressions of other people when he wa.
absent.
!, Mr. Hay. We wish to prove that the
accused, apPrized of the proceedings Of II, i,
Legislature of Ohio, sent Mr.. BeH5i0h from
Lexington with a letter which dc deliver
ed to B(anHerhaSset that that Iette,
warned the party assembled on the island
OF their danger, and directed them to de.
part.
Col. Rurr said that as he knew Mr.
: befl"ah would swear to no such thing, h,
: might be examined fully.
? The statement Of Mr.. RelLnah's evidenc,
, shall appear in the next Argus. 1t Showed
J very satisfactorily a connection beNrecr
3 Col. Burr and the party on the island ant
that the boats had been built on his behalf
} but did not poiniedly prove that Col. Ruyj
: warned the party Of their danger, and di
rected them to depart on thai account
The witness said that Col Burr in his let.
ter to BidnHeT'ha8Set expressed his wishe,
hat they should make all possible speed
down the RIVER that one expression pro
badly was that the river would close urj =
another was that from the Newspaper a.,
public mind appeared TO be much acitatrd
there might be difficulty in getting dow,
the river but he ho6ed hey 7y5nld MOI
LIN ftrra II . - =