Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-19
VrpvFspAY, SrDtcmlIer IL.

WEDNESDAY,, September Is.
Mr.. Hay made his molten TO commit
Mtasrs. ErFr, BiaNaerhGs5ct and S,aif6
G'l Burr sad, ihat Notwithstanding he
miSat claim his discharge on ,he ground Of
2c4u't1.l, he agreed to permit thG evidence
to De ne1iG, So far as relevant to anv spcci.
iic charge lie wished, however, separate
III lions 10 be made - to himself. .RLsr-
'.eraaaStt and SmIM 4; anil also demanded
Ia &htca%c charSe before the gentlemen
SHOULD proceed.
The Chef Justice observed this was z
dispute about nothing. no dOu5t there
mist be charge charge is ready
made. The court has Alright to retain the
accused mere until the charge is heard
WIZ O;nd aim In new rscognizance il he
desires It. l understand lhe Charge TO be
that an overt act # treason was commit,ed
at the mouth of CuhGeriuid but, il, On
examination, 1t Is found else where, the
cour, viii act accordingly
MIR. Kay wished the court not to be IL
mitcd TO the mouth Of CHMhcriaad cspe-
Ciaiiy as some {, u6ts existed whether that
place WIS Within she jurisdiction OF Ken
tucky. The court could ascertain the
Diace, after hearing the evidence and,
for tie sake of the witnesses, who had been
20 long kept attending, to the great. injury
ot their private aff,irs, he prayed THAI the
cXaminat Oh might commence, and 20 OH
without further interruption.
Mr bIcHham desired the motions to be
made separately for the advantage Of the
witnesses themselves. He contended that
one examination would be sufficient and
rs there were different counsel employed
tor the different persons, the blending all
the cases together would create c0nlu-
sion
Mr. Hay. A single circumstance will
shcw the iupropriety of division. The
first witness 10 be introduced will prove that
they were all present together al the mouth
of Cuni6ertaHd.
The ChcfJ!e'ice. Let the case 20 on ::
and, if IL is iouad thot any confusion !, pro-
duced by the joint examination, We can
then have the motions separated.
Mr.. AIartiH insisted On Mr. fldy's fur
nlshIng specific charge in writing which
was accordingly drawn, and stated the o.
vert acts Of treason TO have been commit
ted ut the mouth Of CumbcrtQEd, and else
where between That place and Bau1u-
Pierre IN the Mi5sippi Territory, and also
at BayoU-Pieyrc.
Col. BiIrr observed, if gen. Eaton was
MlStC0
10 reserve ms objections 10 his TESTIMONY.
The ChicfJusrce. shall consider al OBJ
jections as reserved.
Jlme8 Nc D0gveH was then sworn. and
delivered his testimony nearly in the fol-
lowing words.
In the month of December last as well
as can rcC0Ilect, engaged at Wheeling.
with one Ufttiam Deahe to go down the
RIVER TO .We7v- Orleans with a boat load of
flour and whisky. We went on down with
the boat to town called ShazvaRce Town.
There was BlaHHerhaSSet, Israel SgriR.
COMFORT Tyler, and q good many more
That place is below BioiiHcrhuSset's ISL
and. From that, / went ON with them
down to the mouth OF CUmberlaud there
saw Col. Burr for the first time. w, ali
went up the bank, and he was introduced
to US. We all formed airing, and he made
a speech to US. He said il was an impro-
per time 20 divuige his secrets. There were
too many byestanders Comfort TyIer.
isrGeL Smith, William DeQnc, aud EIogl
HerhGs8ef were standing out together. -
Col Burr told Mr.. IyLcr he might tell ,Le
gentlemen what he thought proper. YDker
told the men that the captains OF the beats
would tell them what the project vas
There was generally captain TO each
Doat- Col. IyteT thCn tod them that,
whenl they got 10 LoRccie Grace lother-
wise called NcW-62adJfd,) lac Mould let
them know where they we're going. and
what upon. WILiiqm Deanr sold the boat
in which ! came down to COmf1rf Yyker
and Lraci Smith. We proceeded down
to WeW- Giadr7d, where We expected TO
be told where we were going. we were
told there by Comfort Tyler we should be
informed at place lower down. Several
places were mentioned, but they could ne
yer find the proper place 70 reveal the sc-
cfet. There we're too many hye-standers.
We went on down 20 Bayou- Pierre.
Here Col. BHrr Interrupted the witness
and said the enquiry ought 20 DC limited to
the overt acts alicdged at the mouth OF
CHmberiand.
The Chief Justice did not perceive this
evidence 20 be inaamiss'ble.
Col Eurr recommended it 90 the conn
sci for the ". :. 60 confne thcit testimony
10 the first place 40 the transactions in Ern-
lucky. They might then so on without IN
tcrrupton.
MIR. Ilag could not consent %. this. He
that the written charge did not
conEne the allegations TO the mouth Of Cum
6cr'aid.
Mr.. Hirt mentioned the expense Of &C.
tanning tic witnesses as avery serious thing