Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-26
CIRCUIT COURT.
--latest Proceedings on the Motion for
Commitment.
"WEDNESDAY, September IS.

VINO gave very lmpOl sdnl testimony against
him) from being a witness a,ledging he
was at this time subject to be shot as
desertcr from the army OF the United
States.
1t should be known to the reader that
Jacob DHabaush sworc he had catered in
to the service OF Col RXrr with tie con-
sent Of his captain, who granted him fur
Tough; that Col. Burr himself persuaded
him TO stay, until after his furlough expired,
and thus to run the risk of punishment for
desertion, promising to write to his o!Gcer
u sufficient excuse toprcvcnt his suffering;
* that when the Col fcrsook " BIS neofE,"
who had followedhis fortunes down the river
Duu5augh returned to his duty, by joining
the Army of the u. States, as soon as le
could. Notwithstanding all this, the Col.
commended that, having once been L deserter,
he was an incompetent witness. He obser-
we'd that his life was in the power of Gen
Wilkinson who would take 1t away, ifhe did
not swear to what he wished. He said the
malice of Gen. Wilkinson was so great a..
sainst himself, ne had said that, rather than
not hang Burr, he would az zee so lie hanged
himself; and insisted that d person in the
power OF one so Infatuated was not a compe-
tent witness.
MIR. Hay objected to an Interruption
OF the examination Of the Witnesses on the
part of the United States. He observed
that, if DRn5augh had committed an Of
fence, he had not been prosecuted for it,
and WAS q comhetent witness the obJecii-
on being only TO his credibillty; of which
the Chief Justice could Judge, who had ia
ken notes of all his testimony, and would
weigh it rs it deserved. Ii would be time
enough to make this objection after the e.
violence should be gone through.
Mr. Bolts. When the evidence has
come out, we are told il is twolate TO make
objections, because you have taken notes OF
ii. We are prepared to prove that Dun
SaUSh is not d free agent; that he is swear
Ing for has life.
The Chief Justice did not think it pro-
per TO interrupt the examination en- the
part OF tbs u 5. When that was over, the
evidence intended 10 tisqaaiily UHnSauy ia
might be heard
Far. Hay was about to proceed with his
witnesses, when Col. Burr objected 10 tie
admission of testimony to prove ior thepuI-
pose of eliminating HIM, any con> ers,,t.ons
with BLaRHerEa8.cf, when he was rot pre-
sent, and prior to the meeting at the Isftnd.
The CHEF Justice said lie thought thIt
point had already been DECIDED.
Col. Burr and MS council, however, in
sisted on an argument, by which they said
they could demonstrate that no sUcu evil
denCe was admissible. The c. Justice per-
United the argument 10 be Commence.
Mr. hay declared he should proceed
with taking the atiidavits OF the witnesses
oet OF court; thac gentlemen might say
what they pleased; Dut he should NOT De
diverted from the course he had taken.
lie accordingly retiYed Tor that purpose.
After speeches of some length from the
counsel for Col Burr, To which no answer
was thought necessary on behalf OF :ile U.
States, the Chicf JRsHce decided that the
evidence of BieHHei hQSsct'S conversations
WAS admissible, by way of explanation o,
the nature and OBJECT OF the ;4sseHOiuge OF
men at the mouth OF Cumberland.
The counsel for the l. ) therefore pro-
Ceedcd with their evidence. The exami-
nation OK .HierQnder henderson of Wood
County consumed the iesc oi ,nv DAY.
THURSDAY, September q.
This dag Mr.. IieraHdcr Henderson was
eros s-examined. Among OTHER questions,
he was asked by MIR. Bay if he mad read
any numbers Of the g Qu.ri5E," publica-
tion which appeared in September last "a
few days after Col. Burr had paid VI
SIT TO BiennerhaSscf's Island,) in the Ohio
Gazette, newspaper printed at hiarietfd
Mr.. Henderson said YES. He had read
some ofthe numbers in manuscript, which
M. Bicnnerhqs3et Showed him
Mr.. Hay. Did he tell you he was the
author of the QueriSt ? A. Yes, and tolC
me he WAS going topublish 1t.
Mr.. BieHHerbaSset objected TO the read
ingof the printed " QUerats" as evidence
contending there ought TO be evidence that
they were the same as those IN manu-
script.
MIR. Hay then asked Mr.. Henderson, !
chad read the querist in PRINT. He an
swereG that Mr.. BicHnerAaSset had sen
him printed gQerist Mr. Hay. ID;
1t correspond with the manuscript a
No; II was not the same.
Mir. Richard Ncafc, Sen. was aflerward
sworn, and psintedly proved thattwo OF I'll,
numbers of the " gucri8P corrcspOndsC
with B'euncrhassct's manuscript haYinl
copied them FOR the press at his request
MIR. Jain g. Henderson Of Wood County
was next examined aud delivered ~
testimony III full ; which, as well rs that o
his brother was important on the subjec
Of Biennerhasset's Acknowledgements q
the design Of Col. Burr, himself and other
to separate the Western from the Easter
States. re also said that Biennerhasse
read to him number Of the "guerisf,
the first words Of which were 90 Universe
History his examination was II
nished, the Counsel for Col. Burr Gale,
for the reading Of the "querist'; Sayin,
that, as so many illusions had been mad,