Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-06-12

would notbe called IL sone sa-.isc.s,
day. This he said, was ,ile practice ID
some of the siates, nor did he know any
sound objection to Il. But, unless ],
sWas considered BY counsel % both sfdes
that this course was free from III exceP.
tion, ne should Be unwilling on any &C.
count, % adoptit
The counsellor col. Burr sssted that
they knew no obieetionto The measure,
but were unwilling 10 express my deei-
sded opinion, especially = cob Burr was
NOT then IN court. ID :
The chiefius.ice said that felt much
inclined 10 accommodate the grand jury 7;
but until farther consideration Of the
subject, they would stand adjourned ull
Monday next.
Monday, Nay 25tk; is07.
Present die same judges aspn Sasqr.
day. r.:
The grand jury appeared IN court /;
and On 10 being stated b. tn foreman
that they had been two days coa6ned to
their chambers and had no prsteutment
70 make or bills before them Air. Hay
observed that be had too bills pared,
but wished to snspends the deissry Of
them till the witnesses were called, and
Il was ascertained that m th eyidence
relied upon BY the counsel Or the prose.
eution, could be had. II thought It
probable. that in the costse Of . week,
he should hear Of gen. Wilkinson, who
wa still absent, and those testimony
was deemed very impsrtant. 81,
& A further conversation took place as
othe propsiety Of al ourning the grand
Jury 70 4 distant day Of the Term and
Monday next vas nasntioued asthe time
when they would probably be required
to attend. g = : =, - -
The Chief Justice observed that from
theresearches which he ha6been enabled
to make. he was still Inclined to favor
the opinion which he had expressed on
Saturday, that there was no necessity
for calling the grand jury Gerry day.
This opinion was the result ofhis refiec.
tions upon principle. not from any Posi-
tive authority on the subject. g.
Mr.. Wiekham having stated that as q
number Of Witnesses were attending .,
considerable distance on the part Of col.
Burr, il might be Important to know
when the grand jury would b again cal.
led; MIR. Hay observed ;that a motion
might be made which would render their
presence necessary even On that day.;
Mr.. Wickham then requested HAT be-
fore any order should be tas N in rela-
tion 70 the adjournment of the grand il.
~, the counsel for the u. S. nn;sht state
the nature and object Of his motteo.
= MIR. Hay. The object Of nv motion
10 to csaasaie Mr.. Burr, On .harRe of
high treason against the u. S. Ga his
examination, there was no evidence Of
an overt act, add he was committed for
. misdsmeanor only. The esideuse is
different new. -. -
Mr.. Wiekham hoped that the spplics-
ton might be made, and counsel heard.
z Mr.. Hay. Gentlcmen NAY Be assur.
ed that they be spprised Of the appliea.
tion, but IL it their wish thar theap5iica.
tion should Be made, and the subject
diseusse6in the presence Of thesgsand iu.
~
Colonel Burr. The gentleman Ia.
mistaken the object of my counsel, a.
faras il 10 sonPrehended IN my motion.
The design Was not ihas he arpnd iurv
might hear, but thai die impf6priety Of
nsntioning the snbiect IN the 5fesence
.ofthe grand Jury mighs be nAd1 more
manifest. / think Il may be- smoussrated
thar while there 10 = grandeur astendip6
before whom question may het deter.
mined, there is an obvious ilnpsspriety
in submitting il 10 any other hibdnal lSr
'aay other pArposs. $685. - .--s.s--,,-
The grand inrywere equesaedi swith.
draw. ysf ~ IN
Mr.. Hay renewedhis applieatiSn. is...
ing more u large the grounds IN which
il was made. The discussion IL M,
~, Asa;s,xs snr.k NM -. 49, .c ~