The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-10
WEDNESDAY, MAY OF.

e" EbNESDAf, May II.
DEBATE on tie order and lbeeies .fevidenee to be
introduced, on the motion to commit Idaroa
Burrfor Higb Trea/ou againR THE U. S.
(CoNcLUDFD.)
Mr.. VIekbam regretted that 70 much time
had been continued but hoped that the court
would acquit tbeu, of any intention to waite ii !;
when any illegal motion was introduced by the
oPpoiite council, he felt it as ferrous duty
cue to his client to reiih it with firmnefs that
tor his own part he ihould not forget that he
was before the Circuit Court of the u. St ates,
nor fhould he 70 far lofe his refpeet for their
dilcernment as to bring forward motions which
ne believed to be illegal only to waite the time
OF the court ; that he hoped none but legal evi
dence would be fuffered to be introduced Z:
none but competent witnefIes to be heard ;
and that if thisru!e was not figidiy adherd TO,
what waste prevent the council on the other
hoe from producing any and every kind of evil
dence that they pleafed
1t cannot be fuppofed faid Mr.. w. that we
are afraid OF this affidavit; what is in it, which
has not been already known and fcattered in
every loofe fheet of newspaper throughout
the U. States ? 1t is not that we refR it in
point OF fact but on the ground of principle.
We with two points to be festied; Are
affidavits to be read at all on fuch motion ?
And at fuch crifis of the profecuton as this !.
$3.50 - ~, oNSht iHSJ " DS TCdu the WttuSl-
les themielves were prefent Would it be
right, il they were in the next ftreet or the next
county Would it in fact be right if there was
time enough to produce the vive vsce teltmo-
ny itielf? Mr.. Burr had a right to be con.
fronted with Gen. WiIkinfon. He lad right
to crois-queftion and examine him on all the
tatements which he has made. The govern
ment had power to bring him here. Why is
he not here Ought not fome satisfactory ex-
cuie to be made for him ? He is an officer OF
tins government; and the government might
have procured his attendance as we'll by fpe.
cial order as by civil procefs. Has any iub-
psna been taken out, enqured Mr.. w. addref.
fling himfelf to the Clerk
The Clerk replied, that no fubprua Oiled up
with Gen. WIS name had lfIued from his Of
flee 1; bat that blank fubpocnas had been taken
out.
Mr.. Wickham mo one knows, FIR. There
was time enough to have him here. The mail
travels from Warrington to New-Oreans in
II days. He might have come but if he has
not, why is not fome satisfactory execute brought
forward We want, fir, to fee this gentleman
croisexamined. We want TO fee him con-
fronted with other wineGes. This is one
ground, on which we Object to the production
of this affidavit
Another ground is, that according to the de-
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affidavit does not bear upon the prefent motion.
MIR. Swartwout, who was faid to be connected
with Col. Burr, was discharged by them becaufe
this affidavit did not apply to the charge of
treafon. are council then to be fu ffered to
produce telt'mony on any fubject that they
pleafe IA third objection is, that gen, Viii
kinfon does not relate liDgle act, committed
in the diftrid of Virginia in Virginia? no
nor any where elfe. The Attorney for the u.
S. fays, that he will prove the Overt ACT here
after. But, Sir, / repeat it, thar the rules Of
evidence. apply not only to the admlliibllity of
evidence but TO the order in which il is TO be
produced. Let them irit prove an Overt A6,
if they can and then they are at full liberty to
prove the colour of it.
Again, fir, this depolition is not the beft evil
dence which could be produced, and which
the lava require. Gen. WiIkinfon fpeaks Of a
cyphered letter, and Of its contents, al we'll as
he can make them out. Now, Sir, where is
this Letter and where is the key to it F.? Why
are they not here why are fbey not produced
before you? For thcis rea(ons, MIR. Wiekham
hoped that the court would not fuffer the affi-
davt to be read IN evidence.
Mr.. Hay. We 0iall not, FIR, be carried from
our courle by ipeeches, however long or ami
mated they may be.--But, fir, permit me to
give thoie gentlemen little information. Why
talk of the affidavit before yoa? Do tbefe
gentlemen know, that we can podtively prove
the altoniihment, the regret, and the denun-
citation which eicaped from Mr.. Burr, when
he hnt heard OF the publication of his cypher-
ed letter Let them firlt know what we can
prove, before they abandon themfelves 10
their triumph. Gen. Wilkinlon's affidavit is the
drR in the ferries OF our proofs, and 1t is for this
reafou that tye yvil, IN ccfnmence- Nth ~.