The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-11
guilty: and that he himftiff had borne arms to

|
fame inpreions as Mr.. Beefon :.that he too
had borne arms as well ON Bsnnerhafieu's
lIiand AZ on defending the river in iearch Of
Blannerhaiiett. Set aide.
g. Nimrod Saunders declared that he had ex-
prcned an opinion, previouily To his being fun
moned on the jury, that the prifoncr had been
guilty Of treafon. Sc. eide.
Q. Thomas Crsei had no declaration to make,
and was challenged for cauie. Upon being in
terrogated, he fated that he had never a;Ier;ed
that the prfoner ought 10 be punilhed, that nc
had faid that he was fenfible maa, and if there
was any hole left, he would creep out of it,
that he had conceived that Col. Burr had Ie-
duced Blannerhafiett into fome acts that were
not right that he h.d never pofitiveiy faid tia,
Col. Burr was guilty; tkat he ord faid that
Blannerhafle,t was the r,af blamable, becaufe
he was we'll in life, whereas Col. Burr was a
desperate man, who had little TO lofe that he
had never faid that Col. Burr had directly led
BlannerhaiIett directly into guilt, bur only
through the medium of Mr. B!annerhaGrt !;
and that there was no determinale imprei1ion
on my mind refpetiipg the guilt of the prifouer.
The Chief Jyfiee did not think that this was
fufhcient to tet him aide, and fufpeUded his
cafe for further examination.
| 10. dntbony BHekner had frequently faid,
that the prifoner deterved to be hung. Set 0fic.
IL. Dnvid Creel had formed an opinion from
the ftatements in the newspapers, and if thefe
were true, the prifoner was certainly guilty:
He had expreted belief that he wac guilty of
the charges now brought agsinit him, and that
he ought TO be hung. Ser aide.
| Jurors tron, TIE body ot'fbe djari9.
| l. John Horace U.etbasv declared, that he con-
ceived himfeIf to itand there unprejudc-
ed juryman; that he had formed opinions hof
tile to the prioner; if opinions they can be
Called, which are formed from mere newfpa-
per teftimony. MIR. Burr. We challenge MIR.
UPihaw for caufe.
| Mr.. Hay. Then, fir, / mott feriouly ap-
pre.Iend that We !ha have no jury at all. TO-
Iemnly believe, that Mr., U. is an impartial ju
lryman; and will venture to afiert (whatever
lcredt my friends on the other iide will allow
to my aiiertiou) that mylef could do juitice
to the accufed believe that any man can,
who is blcfied with found Judgment and in
tegri,y. We might as well enter at once Mole
Preiequ-
| Mr.. Eiekbam. Then according to the gen.
tleman's doctrine, any honet man, no matter
what his mpreiIions may be, is a competent
| juryman. Is this agreeable to the principles of
law Does the gentleman mean to intimate,
that when we ohjttt to a juryman, it is from
his want of honeity. No, fir. Every man is
fu6jett to partiaiites and averlions which may
uncoufciouny fway his Judgment. Mr.. Up
fhaw does no doubt deem himcif an impartial
juryman: but Mr.. u. may be deceived.
| Alter fome defuitory argument between
! Meiiis. Hay aud Wekham, MIR. Writ proceed
ed to ak Mr.. Uplhaw, whether he had under
food him to lay that notwithstanding the hof
tile mpreifions he had taken up from news-pa
per reports, theie impreiiisns had not received
that determnate character which might entitle
! them to the name of opinions? II. Such is
my Rate of mind. have received imbrelfons
hottie to Col. Burr and have exprefied them
with iome warmth. Mr. Upihaw Rated that
his impreliions had been drawn from the docu-
ments furniihed by Gems. Eaton and Wiikinfon;
that he had conceived that the prifoner had bee
guilty OF fome criminal act againit the public |;
| ana that he had'gone on further TO vindicae the
| conduct OF thofc gentlemen who would appear
as the principal winetIes againtt him, * ALTO of
the government in the meafures which it had ia
ken 10 iupprefs his plans.-Mr. Upillaw's cafe
was fufpended 70. iuqiepucnt examination.
q William Pope declared that his irlprs Hons were
nearly the fame with thole of the gentleman, who
mad preceded him; that he had thought fri from
newfpaper representations that it was Col 'sinten-
ton make mis- fortune in the wet by the fette-
ment Of lands that when he had afterwards under
Rood that he had formed an union with Wjlkinien
proceed Mexico, he had regarded the prifoner's
conduct with vena eye; but when he had after
wards underltoOd that there WIS t-ta mixed with
his projects it impoaibie fo: him TO view his
conduct without the deePsa Indignation If theie inn
preions could be called ejudees ne truled that he
ihould always retain them; becauie what other fen
,iments could he feel agant ueh crime Perpetrated
agant the very belt government ION the lurface of
the earth. But from his heart he believed that he
could dveit hinlfelf Of thee untavorable npleions
and give Col B. fair and honorable trial. He
would add that in puriuance of the fgirit manifea
ed by them, the contribution, which required two
wneiles to an overt act of treaioz; he houd think
it neeefary require that the evidence FOR the u
nited States fbod be 70 frong make the lcales
preponderate. Mr.. Wiek6am. You will not nlift,n-
dorGand me, Mr. Pope, when ak you whether you
have NOT been candidate for your county, and are
now delegate A YES @ In eanvannIg "a
mong the people, have you not declared tiat the go
vernnient had aeled properly in commencing this
prosecution a. Yes. believe have faid gen.
orally, that thought col B. guilty of high treaion
SCI aide.
3. PJfSn Randof6 declared that it had never
been his win intention irink from the difcharge
OF public duty but that he had peculiar objs
TO ierving this location; OF which only he
ihculd Rate. He had been enrolled and was quaIii-
ed as lawyer in this ard he would fubmt it
to the court whether this did exempt, ray even
difqualify him from ferving.--C. 7. admitted Mr..
RS privilege, unlefs there exprefs nterpoGti-
on on the part Of the prifonerto retain fome Of the
VeBire: for this would call eonHicing privilege IN
to operation-Mr. Bur- lsid, that he ihould be pal-
Gve.--Sef e6dr.