The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-08-18

they obtain jury! ''Centemen Cunning to the
jury) if any of you have made up and declared
your opinion on the cafe, you will Fay 70, be-
fore you come 70 the book" Mr.. Burr. The
law preiumes every man to be innocent, until
he has been proved to be guilty. 1t is there
fore the duty of every citizen who ferves in this
Jury, to hold himfrlf completely undated it
isno dfqualifltion then for a man to come forward
and declare that he believes me to be innocent.
When Chriaopher Anthony was called to the
book, he Rated that he was in court the other
day when the fet Venre was Investigated tha.
it would be extremely unpleafant to ferve on the
jury, after having formed the very fame opini-
ons which he undcritood had disqualified O.
theirs. Mr.. AS objections were overruled.
John M Sheppard. 1 too feel myief difqua-
lifted from pafiing impartially between the u.
States and A. Burr. From the documents that
have feen, have believed and do fill believe,
that his Intentions were hoRile TO the U. States.
1t would be inf cling wound on my own bo-
fom, 70 be compelled to ferve under my pre-
fent impreflions. Mr.. S. obferved, that conf
derations of a private nature had ALTO borne up
on his mind 4: for he had child at home ex-
tremely fick.-Mr. Barr. Notwithstanding
MIR. Sheppard's inprefIions, / could rely up
on his integrity and impartality. AS to his pri-
vate considerations, do not with wantonly to
wound his feelings. i NUT requeR him there
; fore to fet down for a moment, until we fhall
sfcertain whether we can make jury without
him.--Mr. Hay. Has the court underft God the
extent of MIR. Sheppard's declarations :--Cbief
JHPiee. fthe pTfoner's council wave the right
OF challenge, there is an eud ofit.
Games Sheppard was then called who made
no declarations. re-.
Reuben Biakey. have made upno opinions
either way, po6tively on this fubjett.
Jfsbn Fitzgerald. 1t is incumbent on me to
fate to the court, that have formed and de-
49,. Co. VI
opinion has been founded upon the depoiitions
of Generals Eaton and Wiikinfon, and other
newspaper publications; and it is, that Col.
BIS intentions are hottie and treafonahle agairft
the U. S. On which account am very unwil-
ling to ferve, left ihould polItfs that biasn
my mind which is unbccoming a juryman.
Mr.. F. was requeaed to iet down for a few mo-
ments. ~
Miles Bo.t5. From the. afTidavits of Gems.
Wilkinion and Eaton, my opinion has been
compleatly madc-u for feyeral months patti
Mr.. Martin. fupPofe you have only taken
up prejudice, on the fuppofisien that the
facts Gated were true.---Mr. Bottt. Ihave
gone as far as to declare, that col. B ..oneht to
be- hung.---Mr. Bur. Do you think that fuch
declarations would now influence your judg-
ment! A. Human nature is frail. Nor l can
pofitiveIy fay. Q. Have you Lately declared
them A. Within few months. / do not
1t will be feen, either that 1 am under the ne
cefity oftaking men pre-pp6efed againit me
or OF having another ,Venre. ! am unwilling
to fubmit to the further delay of other Tales,
and mutt therefore encounter the confequen-
ces. will take Mr.. Bolts, under belief that
he will do me Juice.
Four jurymen then having been feletted, the
three following were fworn Mefirs. James
Sheppard, Bakey and Botta. Mr.. c. Anthony
was affirmed.
When Henry Coleman was called, he ftated
that he had conceived and exprelled an opinion
that the dehgns of Col. B. were always deveI-
oped in myaery and always inimical TO the u.
S. and whens informed by the PUBLIC prints,
that he was defending the river with an armed
force, he had felt as every friend of his coun-
try ought to feel. Mr.. Burr. If, fir, you have
completely PREJUDICE my cafe Mr.. C. I have
not. | have not feen the evidence. MIR. Z.
That is enough, fir. You are elected.
Mr.. Hay then fuggefted to the court, the
Propriety of not fwearing all the jury this day ;
asst would fufje6t them to the Inconvenience
of an unneceGary confinement in their own
room to morrow (Sunday) Would it not be
better for Mr.. Martial (the clerk) to fwear three
only out OF the remaining four ! The court
might then impannel the whole on Monday and
proceed Immediately to buhnefs. Mr.. Burr
mad no objections to this meafure but hoped
thar the court would enjon them not to hold
any conversations on the fuhjrtf of the trial
Jobn C~rd upon being called, Gated that he
had no prejudices for or againft the prifoner ;
but that he was bourd in candor to inform the
count, that he was afflicted by dforder "a
palPitation of the heart which zigbt interrupt
and delay the progrefs of the cauie. Executed
Imam Cod1uyn had formed and declared an
uniform opinion of Col. Burr's guilt. IF he was
mpaFnelIed, he fhoud be TO, under ftrong
Imprei1ion that Col. b. was guilty Of treafon.
Sg6penasd.
Samuel allen had for feveral months made
up an opinion unfavorabe to the prifoner.-
Splbended.
Benjdmin Cranes gave long hiftory of hia
dometic and family engagements to execute him
.eif from ferving. He was alsed whether he
could not make fome arrangements Of this bu-
hneis between this time and Monday, calculat-
ed to remove all the Inconvenience of his ferv-
ing. Mr.. @. could not pofitively fay.
Mr. Burr then obferyed, that the two iarors
who had been feIecfed, might be fworn the
other two might be feleded on Monday. And
Mefrs. Coleman and Bolt were Accordingly
fworn.
Mr.. Burr hoped that the Marf,al would di-
reel all the necenary preparations to be made
for the accommodation of the Jury, who would
woe confined to their own chamber after Mon.
day.
Col. TbomaJ Braneb was then executed from