Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-06-12
FRoM TIE TzRGLNLA ARGUS.
TRIAL or coL.AARoN BURR.


= court of the u. S. for the Fifth circuit
fpd district of Virginia, commenced its
1session in this city. The expected trial
sof colonel Burr drew together an i'm
emense eoncourse Of citizens from .vari.
Gus parts Of the union indeed far ex.
eeeding any that we reeolleet ever to
have seen upon any former occasion.
At half past - O'Clock the court was
opened, present. ~. =. =.
: John Afl,shdH, ehiefjus.iee ofths y.
States. ~ - = :. 1< -
Cyrus Griie1, judge ofthe district of
Virginia. ~ -
:: Before the grand jury was impannel-
led and sworn, a leas,hy- aud desulory
argument took place between col. Burr
with his counsel outhe one side and the
attorney for the u. S. in the district OF
Virginia, on The other, in rel Itiun to ex-
eeptions taken by the formerto the man.
ner id which some of thu Jurors were
summoned, aad finally to objections to
some individual members of the jury.
The late hour at whichthe court adiour-
ned obliges Us to compress into as mar
row a compass as possible, the procee-
dings in this preliminary stage Of the
business. Indeed. If it were in our pow
sr to prepare the arguments a. full length,
We doubt extremely the propriety ofpab-
fishing them during the pendency Of the
trial, before even the petit jury shall be
sworn especially as some of those ar
guments contained degree of asPerity
which might possibly influence the minds
Of those who may finally pass between
the u. 8. aud the accused.
After it was asccrt4ined that eighteen
of the grand Jury had answered to their
names col. Burr stated an objection to
the manner iu which part of them had
been summoned by the marshal. He
disclaimed every idea Of casting any
imputation on that officer, unfavorable
either to him or his deputies, but eonsi-
dered the irregularity Of his proceedings
as the mere effect Of an error in consnu-
ing the Law, which error It vas proper
10 correct. He adverted to the law Of
Virginia. by which p persons properly
qualified are directed to be summoned
as grand jury; and eontended that,
when the officer had summoned that
number, his authority ceased, and he
had no power to summon the twenty
fifth. In the present case, he said, he
was authorised to state, that after the
marshal had summoned the number re-
duired by law, he had accepted Of excu-
ses from part of them, and had after
wards completed the pannel by summon
ing additional members.
He was followed BY Mr.. Baats who
went more particularly into an examina-
ton ofthe question, and referred to the
judicial act oil congress and the laws Of
: Virginia, prescribing the duty ofoGieers
nsummoning grand jury. He also
cited the case Of Marbury .. Madison
Z Il CranchJ to shew that when ministe-
rial act was once performed BY an officer,
], was irreyocable. Il was proposed on
the part Of col. Burr. that the marshal
should be Intercepted ~ TO those mem
bers Of the grand jury, who had been
summoned after the original Pannel Of -
. had been oomplsted. r p.
Mr.. Hay, districtattorney, observed
that he confessed himself nor very well
prepared to answer the objection, ST.
milar one TO which he had never heard
before, but that he conceived il tohe Of
no importance, and was willing that col.
IBurr should be accommodated with
:, grand jury, to which noereePtion could
be made. 1t appeared to him indeed
not to be proper TO examine witnesses %
to the conduct Of the marshal in this
. stage Of the prosecution and he knew
not why the objectioa was now made for
it could make no difference to the pfi-
soner or to the United States; since If
any ofthe grand jurors were set aside,
there would either be enough remaining
of those who had been summoned, or
the deficiency wouidbe supplied BY the
marshal from among the by.standers.
) He submitted the whole matter to the