Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-06-17

Debate on the mstionjor a. Subpena
as Euces Tecum.
Wsdnesday, TunS 10.
An aHsdavit was drawn up by MIR: Burr,
stating thar cessaiu papers ioshs possession
of the president might be material TO hrs
defence; which atiiiasisis 10 the following
terms:
AAaoS suRA, Curt Of the u. S 5th
Us. Circuit and district
UsIrED STATEsj Of Virginia.
AARON BgRR mak-th oath, that he bath
great reason 70 believe thar letter from
ren. Wilkinson TO the president OF the u.
S. dated Slss Oct. 1906. as mentioned IN
the presidents message of the 22d Janua.
~, 1907, to both houses OF congress, to-.
rssher with the documents accompanying
the same letter. and copy ct the answer
of said Thomas Jsfersou, or Of any one
by his authority 10 the said letter, may DC
material in, his defence 10 shr prosecution
against him add further, that he hath
rcasen 10 believe tia. sss military and na.
val orders given hy the preslden, of The y.
S.threugh the Departments Of war and OF
/ the navy, the officers of she army and ma.
Wv. a, or near the New Ofleans statioas,
touching or concerning the said Barr, or
his property, will also be material in his
defence.
AARON BURR.
.Suorn to in open Court
the 1Oth faae, 1907.
W. MARSHAL, L7k
This afidavn beng read,
Nr. Hay b eyed leave TO notice to the
court ans the opposite counsel, that IN
confor n,i,y to the in,imasion which he had
Yesterday gwen, he had addressed let
lie, to the president, mentioning the mo.
ton which vas to be made this day, aud
soegsssipg the propriciy Of sending ON the
papers required, bns reserving TO himself
the right Of keeping these papers by him,
until the court should see and determine
their mater .lity. He hoped that in FIVE
days asIeast the papers would be in his
possession he should however object to
the affidavit produced, and even to the
right Of col. Burr to make any suck mo-
tons at the present ,ime. Tha, this was
a preliminary question, which he would
wish 70 be FIRST determined whether any
man s.anding in col. B's situation had .
TIGHT 70 make such a motion. The fact
was, If these pspers should ever cone 20
hand, they would Esver go out Of The
hands of the court; for be was satisfied
that they could no. be material 10 the, pre-
sent case, from the substance Of one Of
these very papers, which was already in
hi. possession. He wished not to waste
the time of the court; there were hsw.
ever several preliminary points which he
should be obliged TO submit 10 their con
sidera,ien (; aud before this discussion could
be ended, the papers would be here. He
confessed that he was extremely unwilling
20 enter ipto any discussion On these pa
pers. Gentlemen might take II for grante5,
If they pleased, that be ifel. a disinclina.ion
% furnish ihsm with these papers ,here
was uene such. These gentlemen ough.
shemsslves-so have applied for them; for
he was satisfied from the character of the
geyernmer,, that every necessary paper
would have been eheerfully supplied he
had no doubt the court and even the ep-
posite counsel, would individually acqui-
esce in the same opinion. He trusted that
the present motion was not made to show
the tslerts of gentlemen; he assured them,
that if gen. w. should come, they would
enjoy such splendid opportunity ,e their
hearts content, he intended to cast no re-
Hsssions upon the counse! personally but
requested them once more to deliberate
upon his propositions.
Mr.. Ma,tiH would assure the gentleman
that there was no need tor fur,her dclibera..
ton. Il 10 strange that this gentleman