Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-08-08
,G2J;chmond, .It1guSt 3
II X L. l.
OF
Narctl Burr.
Wednesday, august S, 1907.

Deared that Commodore Thomas Truxton,
Gen. William Eaton, William Duane, Peter
Taylor, Charles Willie, John Graham, Sa-
muel Swartwout, Julien Dupeistre, Paul
Henry Malet Provost, Israel Miller, Geo
Morgan, Thos Morgan, Nicholas Perkins,
Robert Spence, George Harris, Cyrus Jones,
Simeon Poo c, Dudley Woodbridge, Edmund
b. Dana, John G.. Henderson, Alexander
Henderson, Hugh Phelps, Gen. James Will
kinson, Chandler Linslev, John Mulhol!and,
James Knox, William Love, David Fisk,
Thomas Hartley. Stephen $. WEIGH, James
Kinney, Sam'l Moxley, Ambrose ID. Smith,
George Peters, Abner l.. Duncan, John 4.
Fort, James M'Dowell, Morgan Neville,
Hugh Allen, Israel Miller and Henry PHI
lips were present SERGEANT Jacob Dunbaugh
was understood to'be in town, but prevent
ed by sickness from attending.
Mr.. Hay then moved for postponement
Of the trial for {; few days more, on the
ground that witnesses deemed to be import
ant were still absent. lie said the utility of
the delay hitherto had appeared from the
circumstance that a number had arrived
since the court was opened, and therefore,
from farther delay, the arrival of others
might be expected.
The Chef Justice observed that it was
Indifferent to the court.
After a short Conversation between the
counsel on both sides, it was agreed that Il
list should be furnished ofthe witnesses, and
of their places Of abode, so far as thev had,
been ascertained; and that Il posponcment
should take place until Friday. e"
mr.. Hay proposed an arrangement, as to
the mode of conducting the trial the object
ofwhich was to save time He said that the
course pursued i'm Great Britain on such
occasions, is for the counsel for the prose-
cution to opeD his case and examine all his
witnesses, before any thing was said on the
other side for the prisoners counsel, af-
forwards, to state the case on his part to
proceed TO examine his witnesses, and to
make such observations upon the whole of
the testimony as he should think proper :;
and for the counsel for the prosecution to
terminate the argument by a reply. This
he said was econvenient and cxpe ditious
method But, IN Virginia, the practice is as
follows; the attorney for the United States,
or for the commonwealth, states the case on
the part Of the prosecution, and the counsel
for the accused also makes a statement on
his part: after which the evidence is gone
through on both sides, beginning with the
witnesses against the prisoner. This being
done, The counsel for the prosecution COM
mcEces the argument, is answered by the
counsellor the prisoner and then concludes
the debate. Mr., Hay observed that this
mode was much more tedious than that
which prevails in Great Britain and there
| fore ought, particularly, TO be avoided in
conducting the trial Of Aaron Burr, in which
! the number of attornies employed & of wit
nesses to he examined, is so great especi-
ally, as other trials equally tedious are a.
bout TO take place; Herman BlannerhaSsett
being now in custody, and Jonathan Dayton
known tohc III this neighborhood.
mr.. Wickham wished time to consider
| the subject; not being prepared to deter
mine whether the counsel for Col. Burr
would accede to the proposal as this was
! a new mode of proceeding TO which they
were not accustomed, and they wished 10
consult their client, who, on this day, was
not i'll court.
Mr.. Hoy said he did not think this a mat
Ter of consent: but the court ought to fix the
practice.
The chief Justice observed that it would
! be better to bring on this question on Fri
day; since gentlemen, i'm the mean time,
might settle ii among themselves saying,
| moreover, he should feel difficulty in de-
parting from the settled mode of practice IN
this country though he thought the En-
glsh mode better than ours. The best mode
appeared to him to be ;his; that tic case
should he opened fully bv one o. the gentle =
men on the part of the United States tNcn
opened fully by one of the counsel on tn o.
ther side; that the evidence Shcu'd mex, be
gone through; and the whole commented
upon by another of the gentlemen employed
by the United States; who should be an
swered by the rest OF the attornies for Col.
Barr and one only of the counsel for the
United States should conclude the argu-
mcnt.
Mr. Eay, looking forward to other trials,
regretted this decision, as it would occasion
50 much labor and fatigue, iHconducting So
many prosecutions, that he did not suppose
himself capable Of undergoing it. lie OBJ
served too that the counsel for Col. Burr
would have decided advantage by this ar
rangement; since only one Of those on the
part Of Tie Urited States would have to re-
ply tothe speeches Of five or more gentmen
OH the other side.
The CHef Ju5icc said chat, although the
! gentleman who concluded should have To
! reply 10 FIVE OF more speeches, yet those
I speeches would probably not contain more
arguments than would, If one only Of The at
tOrnies shou d speak, be condensed into one.
| The number ofspeeches would not increase
the number Of arguments. lie said, how
/ ever, that the course he aforementioned was
/ only recommended, not determined upon by
/ the court.
/ mr.. BGV said it would be very difficult
and labOrious task for one gentleman to an