Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-06-19

with the Attorney for the u. S. that no
ding Il more probable than that certain
circumstances may induce him 20 eject
his escape nor have I the same conf
dence which his counsel seem 20 enter.
tain, In the possibility Of his remaining
Tor trial. -On the former examination,
he was bound over; but even then il
evidently for very smal sum and
Whys Because the Chief Justice him.
self observed that q Col. Burr Was.With.
drawn from ihs circle Of his friends, Il
would increase the dificulty Of his Oh.
tanning even small bail even for this
smaller offence and because he com.
pleteiy excluded from his view the pre-.
sent charge. Asthen he decided, that
this sum In which Col. Burr i now
hound 10 smaller one than the charge
Of High Treason would have warranted |;
il seems to me that too great reliance 10
placed upon The present Tecsgnizanee.
~. Wirs begged leave 70 make ! few
remarks on this subject, though he had
not so fully prepared himself as he would
have wished, because he had not expect
ed thar Il would provoke such Discus.
sion .--Mr. Wickham sppears ubt to
have underwood this subject win bic
usual correctness. when he deelares that
the granting Of this motion would have
the very same effect - granting the mo-
ton for commandments. What & the Oh.
jeet ofthis last motionl To commit A.
Burr for High Treason. But the object
Of this present motion 10 merely 10 keep
his person here to abide the opinion Of
the court { The other was, 20 keep him
for trial. The effect therefore 10 widely
diRerenti and We should not, % MI.
Wiekham eoutended. thus gain our,
point.-He supposes toothat the present
recognizance viii hold A. Burr to an.
.sWer the charge Of Treason. But Il he
looks q the terms Of the bond, il viii az
once appear thatit L. i recogni1anee only
for . misdemeanor, and not ~ the GUS
tomary form Is, % appear 10 answer for
that or any other crime which may Be
brought against him. This recogni.
rance may therefore be suiicieh, as to
the misdemeanor bur not on the charge
OF Treason. L 10 perfectly immaterial
that the present motion Is brought before
the court; Il Is precisely the same thing
as Il il were brought before the same
judge in his own chamber.-But IL in
thar case it the exaniination were to con.
time tor more than one day, what would
the judge decide Would he let III.
accused go Il large or would he 10,
rather 1t the close Of each eysn;nR bind
him over 70 his appearance on the suhse.
quent day : in fact, the court has al.
ready taken this very step. On the for.
mer examination, the Chief Justice de-.
manded and took bail and surely what
was proper then, il proper now. / ap-
Prehend thai the present recosnixanse
- 70 Be forfeited only in The case Of the
misdeiheanor but If Col. Burr & to<b.
brought up for High Treason, ought he
MOTTO forfeit something more considera.
bic 1.-THE motion in fAct resolves itself
into this simple question: Ii A. Burr 5.
brot before the court on the charge OF
High Treason and supported by probable
cause, win not the court bind him 10 his
appearance On this distinct oriRinal mo.
ton 4. s.a-z, S. =
NJ. Bosfs, observed tina. In. ,tr,pv.
principle advocated byi. the proseeutiou
WAS, that the former examination d;d
not 2. all preclude the pressns motion.
but i this be true. Mhar would IS he
consequence That every .di,ioa Of
the volume Of evidence might ius.if, !
new enquiry. No warrant la. been Ia:
sued Tor the apprehension Of Col. Burr !,
and of course he did NOT stand Is Il.
same Predicament. as on the fortn,Y %.
easion. The counsel for ne nro..eu.
tion seemed TO have pro6,ed b. oue Of
the fashions Of old times when they
wanted o.tfy witch. III Al. 1870
she was OF course eondemned.to dea.h !:
4 she was drowned, she WA d, - s..
quitteds And thus ID the yerv s,,,.r;.
men. Of dEiding wheeler she -. r,ii.
~ OF eli1he. thew inli;rssa 49,