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

Mr. M'R1e rose and stated to the
court that after the grand jury went out,
he had conversation with gen. VIII
kinson and thathe was a0thorized By
general Wilkinson to request that all the
correspondence between colonel Burr
and himself should be made public, and
that col. Burr through him was absol-
we'd from every promise Of secrecy he
might have given to gen. Wilkinson.
= Colonel Burr" May it please the
! court, some reply no doubt is expected
from me to the information which the
gentleman has given with respect to geo.
Wilkinson-The production Of that
letter. is not now in my power. The let.
teris not in my possession; and gen.
Wilkinson Knows this to be the case"
Mr.. Wickham then rose in reply to
Mr.. Hay, when.-
The grand jury entered-Aftcr the
names were called over, Mr.. Randolph
addressed the court may It please the
court, the grand jury have made several
prescntments," Mr.. Randolph then
handed them to the Clerk who read a.
foltoMs: ~ --~ I ~~~ .-..-~
Presen.ment against Jonathan Day.
ton, Of New. Jersey, for treason.
+ Presentment against John Smith, Of
the state Of Ohio, for treason.
Presentment against Comfort Tyler,
for treason.
Presrn,ment against Israel Smith, Of
New-Yolk, for treason.
Presentment sgaihss Davis Floyd, for
treason.
Mr.. Hay requested the grand Jury
nigh, not be discharged fora day or Two,
until he should prepare indictments con.
tormable TO- these presentments. It.
Alter The grand %, jury retired. Mr..
Wickham concluded his argument ON
the motion tor an attachment.
Mr.. Martin rose in support Of the
motion. -.
Friday, June 20.
The eourtwas opened about half past
nine.
The grand jury entered at half past
ten. After their names were called
over, Mr.. ]. Randolph delivered indiet-
ments Endorsed true bills against
Jonathan Dayton, John Smith,
Comfort Tyler, kareI Smith,
Davis Floyd, forbo.h high treason
and misdemeanor.
The Chief Justice in the name of the
court, thanked the Grand Jury for their
attention, Attendance and perseverance,
ia this long and laborious investigation.
They were then discharged; and the
court adjourned ON the motion Of MI.
Hay, until twelve.
The court met al IL.
The counsel Of Mr.. Burr prayed the
court to assign him other apartments
than shat assigned him in the jail, in con-
sequence Of its wretched situation. The
court, after consideration, agreed that
the marshal, il he pleased, might pro-
cure safe room for the keeping of col.
Burr. The marshal accordingly inspec-
ted the rooms lately occupied by col.
Burr, and informed the court that with
a guardof seven men aud a deputy mar.
shall he would be perfectly secure in
them. -.
Mr. Hay then observed to the court,
that he had some difficulties with re-
speet to the summouing Of the venire.
That the law declared id an cases Of
death the venire should be summoned
from the country where the offence il al
lodged to be- committed; but that aA
amendment TO the constitution posterior
to the law, declares that the accused
shall have right to q speedy trial, by
: jury Summoned from any part of the
Mr.. Hay therefore wished the option
Of the court on the subject. =.
M. M'Rae read the Sd section Of an
act Of Congress, passed in March 1898,
to shew that it was the intention Of Con-
gress, that the law REQUESTING the venire,
should sill remain In force.
The Chief Justice after some Discus
sion, gave his opinion, that'if both par.
ties agreed, the venire might be sum-
moned from any hart Of the state.