Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-19
Latest Proceedings in tie Trial,
jor q MSdemcan0r.
TUESDAY, Septemhcr u.

Nb'lli9Nl AOl ll4- prosecution WlS.iCu 10 HN,Ol
with their evidence, and meant 60 Introduce
II IN conformity with the courts opinion
He observed Iiat n clause in that opinion
said thar acts of acconpliceS were not 10
be- given in evidence, except so far as those
acts wCtt In promote the project charged
ia the indictment. Under those words. he
conceived that such acts as did prouote
the enterprise might DC given in evidence.
Mr.. Bats. You may as well stop there.
I Cannot conceive that. under the opinion of
the court, you can Introduce any evidence
OF any kind.
MIR. Bate then entered into common
tary OF some sengti upon the opiniNr, To de-
mons rate that 40 testimony was admissible;
Col. burr not having zen present on Rian-
nerhas8et's island, where the pre- para. ons
were stated in the indictment to have IA
ken place.
hr. Martin proposed that the gentlemen
should offer any evidence which thew had
and the counsel for Col. Burr would then
make their objections.
MIR. .NeGi WAS called second time.
Mr.. NJ Rae asked him if he was at the is
l7nd about the time laid in the Indictment
He answered that he knew nothing about
those transactions, and WAS therefore ex
amined no farther.
MIR James lIDG7VeH was next sworn.
Mr.. Hay. This witness is introduce TO
prove what passed, in an interview between
the accused and himself at the mouth Of
Cumberland, where the accused was, ar the
head or the parry assembled and sta
ted to him the object OF the eXpcditi-
on. Mlr. W D017cH, Being questioned said
he was enc of those who went down the RI
yer, and that he first saw Col. Burr. at the
mouth OF Cumberland
Col. EHry Objected IN THE e,,iIa-co
FIR. IPirt commended it was admissible
according - one Of the results deduced by
the Chcf Justice himself from his reason
iny observing that the conduct Of the ac-
cused at the mouth of Cumberland did not
constitute distinct substantive cause Of
prosecution under the act Of Congress. I,
was not intended to be proved that he pro-
vided at the mouth o. Cumberland the
means Of the expedition but that he there
was acknowledged as commander of the
means already provided ard thence to
infer, (by way of argument to the iuiv)
that he Was The provider OF the means pre-
pared at the island. He conceived that
this Gas circumstantial evideace) was clear
ly proper.
Mr.. Bots said he had supposed it not
in the power OF Ian <uage toconvev = thought
with more perspcuity than the ChicfJuS-
nee had conveyed one in opposition to Mr..
Wirt'S construction of his opinion He re-
GREETED the Chisf Justice should be DOOM
el TO sit there, and 70 hear opinions of his
or the most nervous perspiculty, opinions
which did him immortal honor, perverted
and misrcpresented. In his Judgment, the o.
piniOn now in question cunta me- the plainest
proposions that ever were conceived by
mind or written by pen; so plain that
they could be misunderstood, only, by the
minds OF the able gentle men on the other
side.
The ChiefJ Justice entered into an elabo-
rate explanation of his opinion, which he
observed was misunderstood by the COUNCIL
for the y. States, in Consequence of their
having taken up improper Impressions lof
the meaning OF the vague words "bee7ao,
set M nut" used in the act of CDnrress
He concluded with saying that the evidence
already introduced on the part OF the UlGt-
ed States, clearly showed that the eypcdi-
tion did not beg1u at Blannerhasset's IS
land; but If there was any evidence that
the means were prepared there by the ac-
custd, evidence Of this was admissible
Mr.. Hay said lie was very sorry that the
court seemed to suppose the counsel for the
United States, to be designedly taking a
course in opposition TO its opinion. He de.
ciared that he understood the positions, laid
down by the court as the results OF its rca-
s0Hiag, 20 authorize the Course they proDos-
ed 70 take and had naturally supposed
that the plain intention of the whole opini-
on was unequyocaily expressed in those re-
suits His idea was that the accused might
b. prosecuted in any dis,,ict where the
means Tor tho expedition were provided, ii
IL Coul be proved that he WIS the broyi
der, a. ner by direct or circums;anual cvi-
dercc.
Mr.. Du2iey WoDd6-idge was examined
concerning the contract made by Col Burr
with him and BlduUCrhasset on which
subject his testimony was the same with
that formerly delivered but hc did not
prove that any thing was done az fhe fs.
tntd IN pursuance Of that contract.
M. HfY observed, that he found il in
possible TO proceed with his evidence, with
OFT meeting, IL every turn, with the opini-
on o. the court, winch excluded tic rrc,-
ter pare lie wished therefore to dispose
oitNe cause; and. for that purpose, wCulG
Cn-er sH0He froecGUi or discharge the iurv
Col burr and his counsel denied that he
had p rEnt 20 enter a n0He Hr6sc0Uj . and
ms sted on the jury's rendering ver,ljcr
Amer some debate the Chicf Justice said
he could not Ceyiatc so far from the cets
bhshed practice Of this country rs n ne
NIT no'ic frosequi, after the Jury were
sworn, IN criminal case.
tEe jury retired, AID, having been %