Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-05
10 be continued }
L448s7 PsoerrDIScs IN 4nz TRrAl
"WEDNESDAY. Scntemher


WEDNEspAy, September ..
THE 1t ssion of the court commenced at
twelve O'clock.
Present the Chicf Justice of the. United
States
Mr.. Hay wished to know whether he
lcorrectly understood the opinion of the
court delivered the day before. He had
understood it to be that the transaction at
Blanncrhasset's island didnot amount To an
overt act OF levying war against the Unit
ed States. IL SO, he should not be disposed
~ prosecute BiunnrrhnSScf and Smith on
the indictments for Treason found against
them here. After dismissing those indict
ments, he should move the court 10 commit,
tor The purpose Of scn,ling them to the
state of Kentucky, where overt acts of
treason could be proved upon them.
The CHEF Justice. The court did not
mean to give an o.finion uhou she act at
RiannerhGsSet'sI Island, but gtatemrns of
The toso, 10 be dtided BY rhe jury-Yet, as
the jury has now been discharged, think
IT proper 10 give the information request
ed and TO say 1T was the opinion of the
court that the transaction at Blanncrhas
sets islaBdf was not such as constituted
an overt act of levying war.
Mr.. Hay. As this is the case, shall
enter a noite frossqui upon those iudict-
ments, and wish MeSsrs. BloHnsrhasset &
Smith to be Brought into Court, that a mo-
ton may be. made against them as we'll as
against Col. Burr.
Gel. Burr observed that the motions
were distinct, and ought not to be combin-
ed. He wished also the place to be speci-
fed where tic treason was alledged.
MIR Hay sa d he did not think himself
bound to specify the place particularly /;
but would do it as well as ne was able
He understood that, at the mouth of Cum.
Gcrland river, ain overt act of1reason had
been committed that Burr, Blanner'hassef
and Smith were all present At that place,
where an armed multitude was assembled.
They moved on to Bayou Pierre, certainly
not decreasing, but rather continually in
creasing, tho slowly, in military appear
anCeS, until they reached the last mention
Cd place. The court will decide after hear
ing the evidence, co which place the per-
sous accused ought to be sent for trial. MIR
Hay observed also that the cases of al three
Icing nearly the same, combining the mo-
tions into one would save time: since il
would prevent the necessity of repeatedly
examining the witnesses.
Col. Burr. There will be no necessity
of examining the same witnesses more thar
once, as the same court will II, ar their tes-
timony but different evidence may be adj
duced for one or the other of the persons
accused.
Mr. Bolts observed that the case Of Col.
Burr stood on different grounds from the
rest, as to many points Of legal enquiry a.
well as evidence : that there were also diff
ferent counsel employed for the other pri-
soncrs, which would render a separate arr
'gument necessary. The motions ought
therefore to be separate one examination
of the witnesses will be sufficient: when
that is gone thro', MIR Hays overt act will
be subject of ridicule even tohimself.
Mr. Hickman. There is another ground
of objection TO joint motion. Col Burr j.
0cqUifIcd, ahd entitled TO his discharge
Shall he be detained in confinement, while
evidence is examined, and arguments Of
counsel are heard, relating only 70 the ca
ses Of Smith and Bianuerhassrf ?
The Chief Justice said that the plea of
acquittal presented a question Of Ia7U and
not of Iacf, and might be reserved for dis
cussion. As to the joint motion, that is
another question. The grabd Jury often
find joint bill Of indictment against seye-
raj persons charged with the same crime :
tho the trial Cannot be joint without con-
sent. But think the motions ought TO he
taken up separately and as 2 great porti-
on Of the testimony must bear upon all the
persons accused, they must all be IN court
when the examination IS going on, for the
purpose of crOss-eXaminiug the witnesses
McsSrs BianHerh0ssek and Smith were
accordingly scrt for hut before their arri-
val the Chief Jusfiee .uggested a difficulty
10 Mr. Hdg, arising from the tendency OF
the indictment for misdemeanor II APP
peared to him that, while n person YVES ~
CKss6dY charged before court with an Of