Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-26

a little piece above the bank. q. You did
not see them form a circle ? A. No.
WAS not with them.
Thomas Hartley.
MIR Hay. Were you at the mouth OF
Cumberland. a. No, was at Fort Mas
sac when the boats were there. had left
il two weeks before. Q. You were with
Col. Burr at Fort Mass'c a. 1 was. Col.
Burr objected to this question. Fort Mas
SC was in the Indiana Territory.-Q. Dad
you descend the Mississippi; and with
whom? 4. With Mr.. Fort and Air. Hop
kins. q. Where were you joined by MIR.
Burr's party n. Just below Fort Massac.
They passed the Fort in the night; and We
joined them next morning. .. How many
boats had they! A. About eight or ten. ..
Do you know whether they had any arms in
the boats? A. saw none but Icwling pie
ces. Q. DID you descend the river with
them A. Yes. wen; TO New Madrid by
the directions ofCo,. Tyler. .. Nereyou
not left behind to enlist men?
The counsel for the accused objected to
the principle az well as form o. this qucs-
ton. After some discussion the Chief JUS
ticc decided that the principle of the que5-
ton might be relevant. Mr.. Kay. Win
you state then for what purpose you were
left behind? A. All the boats landed at
New Madrid on New-ycar's day and staid
four days. Mr.. Hopkins and Mir. Fort and
myself went before to get more men. We
GOT two and some more joined 1T Nan,z
de Grass. = On what terms did they
join y. At twelve and half dollars a
month and 100 acres of land besides. Mr..
VI Rae. And what services were 20 he per-
, formed? 4. Thcy were to SO to this Qua
chita country, and also to descend to New
Orleans to work 90 Col Burr's boats. Mr..
Hiyr. Was Col. Burr looked on as the
head ci This party? A. He was. q. DID
you ana did these recruits understand that
they were to be placed under Col. Bur, IS
ccmmand A. They were 20 be delivered
TO him; and to SO Gu board his boats?
Cross Es'amined BY the accused.
MIR. Burr. Who wrote the articles, un-
der which they were engaged? A. Air.
Hopkins. Q. Repeat them a. l do not
particularly rccollect them. .. But there
was something in them about the Ouachi-
ia lands! A. They were to go there after
they had gone to New Orleans.
Mr.. UIrt. These men who were enga-
ged in n. Madrid did they join the de-
tachment? A. They did, at the mouth OF
Coles's Greek. Q Do ! understand, that
the sole object was the settlement of the
OuaCh!ta lands Mr.. Bots objected tothcse
questions. How could these transactiu
affect Col. Burr when they took place in his
absence !--The objection was ovcrruled,
and Mr.. Hartley replied, that the contract
declared, that they were TO serve for six
months, that they were to settle ca the Gu
achita lands; but that they were to 90 on
- New Orlcans.-Mr. Wirf. Did you see
the men assembled, before they arrived at
the Chickasaw B.uffs! a. did not over
ta.e them, before they got to Coles's Creek.
MIR. Burr. You said they were TO go To
the Ouachita and to New Orleans. Were
they to SO in any event? A. They were to
ga TO the Ouachita but the articles did not
specify what business they were TO follow
The Only service which was mentioned,
was that they were to work the boats down
Mr. Baker objected to this Kind of evi.
dence. He commended that the best sort Of
evidence ought in every case be produced
and that no haher ought to be mentioned
which was not exhibited in court.-The ob.
lection was oYerruled when Mr.. Rau as
ked the witness whether ne was certain
tain they were to go to New Orleans first
A. am. lrecolleci the articles were read
alter we got into the boat. Mr.. 1IRae
And they were TO serve six months A the,
were