Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-07-03

4 u
into many details one reason was that
!. some Of the detailed points might never
arise during the session Of the grand iu.
/ ~, and any instruction on them would
ofcourse be unnecessary another was
that some Of these points might be ex-
tremely, difficult to be decided, and
would require an argument Of counsel {;
because there was no Judge or man, who
would not often find the solitary medi.
tations of his closet very much assisted
by the discussion of others, that he
would have had no difficulty, however,
in expanding his charge, 1.-The had been
particularly requested to dot, or Il he
could have anticipated any necessity for
II, and that he would have no difficulty
in giving his opinions at this time on Ger.
tain points, on which he could Obtain
discussion by the counsel, provided he
did not thereby commit his opinion Jon
the trial in chief. - 49, - ID J
Mr.. Burr, then requested him tasin-
spect the list Of propositions, which. h
had prepared he might then desermins
which Of those points would admitof the
delivery Of his opinion, and which would
not. -
This list is now in the possession Of
the court and here the businestrests for
the present.
-, Mr.. Wickhan would not eni uire, whe-
Their it was the object of the gentlemen
to save or to obtain time, Though proba.
bly, the last gentleman seemed very
solieitous to send on a messenger 70
Washington to obtain instructions di.
reeting them hon to act but if:he lea
wing of time was an object with tie court,
the course which he recommended was
best calculated to obtain il. 1t vas the !
shortest way to resort at once 10 that
expedient, which must be, at list EN-.
ployed, if the expectations Of til a.tor-
ney for the u. s. should turn ou to be
failacious, and his application al WASH
ington> should prove to be unirailins.
The clerk himself, if called upon Eor sub.
pcnas, must issue them absolutely. I.
was the practice and it was liz law !
butinstead Of applying to the cle4t they
deemed it necessary in a case If such
importance. to make their application
to the court. They wert more
willing to prefer this course b they
did not wish the presence Of the presi-
dent but only Of certain papers. and
It was not therefore their wish TO obtain
= common subpoena for hrs person. hat
subpoena duces fecum for those papers.
This is the first time I have besrd
since the declaration of A merican indie.
pendence, that an accused manis MOTTO
obtain witnesses in his behalf. VIA,
has the gentleman himself done !! Are
there not Witnesses present, whom he
has summoned under the authority 1ef |
this court and at his own specialins,ance
And will he at last admit, that there i,to :
Dc no kind of equality between the .c. |
cused and the prosecution and that ne |
ire to remain here perfectly mute and |
bound hand and foot, to wait the decis,. /!
On of his own Witnesses
But at what time are we to be entitled !
70 these privileges d At the period Of
;ol. BIS transportation! That is : most
proceeding; there il no i
'aeh case recognized by the cou.titu,i.
IN and therefore there could be nothing
n that constitution to give us the right
# founding any Judicial proceeding On /
uch step. But sir, such an 4lieeail
ransaction entities US to still more. II
entities to the protection Of every citizen
a the country as we'll a. of this court
suppose that colonel Burr was now NUT
N his examination would he mot haze |
right to examine any Witnesses. vho /
we're beyond the bar !, and of cour.e 10
ubpena every mas, who would he
'rought before you during the term OF I
:xamiuasions This practice il ever
lay pursued BY magistrates, Whss ~, /
n the present case :
l. has been said, tina. there Is uo,h;,s
o this country to justify such an sn,I;.
alton that there are no preeeden..,
sut l will quote, sir, another tr;sl'
which was similar in is proceeding, /