Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-08-17


presided ia-the case .of James 4 honpsot
! CaIlepder.
| Mr.. Bats considered Il as . mssfortuns
evcr 10 be deplorsd, that 10 this country 9
/ ia this case, there had been too general az
expression ofthe public sensinent. and tia'
| this generality ofcplnion would dis4ual'iy
many ;bat.he hadnsyer entertained e doub'
until the prosecution had avowed 4, tnai
twelve .n,ea Nigh. be found 10 Virginia,
capabie Of deciding this Question with the
I.s,riciest impar,,ali.y- Hsst1ll trusted tnat
the a,to1nsvfos the United States was mis- mi.
taken thas the catastrophe was not COM
pletely fixed; and thar every man 10 me
state had not pledged himself 70 convict
col. Burr, whe,herrigh. or wrong. lie was
not present, at thes,rial Of ]. T. Callender
blu, all America had heard the question
which was then propounied 70 the. jury.
men ]; and that was whssher he had made
up aud expressed 40 opinion respecting the
guii. Of the prisoner.
Mr.. Hay would put Mr. Bolts right
in a oatter3of fact. 2'he court would re-
collect thai on the trial of Calender. the
question was not whether the jurymen had
found and expressed an opinion on that
case generally bu. on the subject mater
that was 70 be tried, and couched IN the
indictment. The question then 10 the pre-.
sen. Case shouId be: have you formed and
expressed an opinion on the point at issue,
tfaa, is, whether q B. is guilty OF trea.
{ sod Oa~she trial OF Calender the court
would pasticulasly recollec., that Mr.. Jno.
Basse.s. having objected to hinsslf, be.
cause he hid read the Ebelious publication,
was actually oyersuled, because It was not
on the book issrif, ba, on the subjecr mat.
ter Of the In1iclmens, tina, he was called
upon 70 say, whct4,rr he had ever express
ed an opinion, .
Mr.. Barr declared there was gaateri
al dissinction between that and the present
case. Mr.. Bassett's askro wledging that
be had seen the book did net disoual fy
Kim from serving on the jury 10 the same
manner the person who had seen a murder
woald not be an incompetent Juror 10 the
prosecution for that crime. But if mans
pietended 70 decide upon the guilt OF a
prisoner upon mere Iumor,he would mani
fest such alevi,y. and biss Of mind, IS
would saeelually disquallfy him. Mr..
Bucky however hss.no.y yet come Out com.
pls,sly with his declarations. Let him be
further Intercepted.
Mr.. Hay observed that the question
would be eveutao general and vague,H Il
were eyer {, be -"haye you expressed
an opinion On the sreason Of A. b" for
the case ci,ea ia the indictment was inf
uisely snore specific. l, was ;reasoh 10
lssyirC war against the United States at
Elan1sshassetl's island. Usless this par
,iculyf allegation Sc proved, it defeas the
oher par. of the accusation; aud ii was
probably n.his point that the juror has
sever made Up any opinion.
4 Nss. Martin commended thar il was the
province ofevesy jusyuso 20 come to any
case with the ,.smos: impar,iali:y, aud
more particularly 10 ore where life andre.
pu;asion were al stake thatit was hbal
. upon Virginia blot npon the whole state,
to. asser, that ,9slve men could not be
touad TO decide; such case, with 90
other knowledge THAI what they hai pick.
ed up from newspapers that here was
material dis.incsion heswsen,shis.a Ca!len-
der's case the Hbslwasl a book in every
nah' hands but does any jnryman 10
the present case preend to know the ,esti-
mouy on which this charge depends: The
gentleman proposes to ask the Jnryman,
,sheshey.he has made up sn opinion on col.
Hurras treason: but tits exsre aely ,Eprobe
HE tina. mess of them know not what trea.
son is, and though they rnay decide upon
the. guilt,cf col. Burr, shas they may be
;crorant, whether it comes under The
name ana description Of treason.
Mr.. Botts quoted authorities 10 sup.
norr cf his aniaion 8 Bacon 3ES; aeoase