The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-05-26


intruct the jury on certain leading points.
Mr.. Hay hoped that the court would pro.
coed as they had always done before ard that |
they would not grant particular inducsncies to |
A. Burr that they had already charged the |
Jury on certain mat sral principles, and he hop
ed they would not 90 more fully into detail to |
obIge the accoied that A. b. itood on the |
very fame footing with every O her man cbarg-
ed with a crime /; and that he trufed the court |
would make him feel it.
Mr. BURR. Would to God ! did Rand on
the fame ground with every other man. This
is the tirtt time, have ever had the rights Of
citizen. How was ! brought here--The
Chief Juitce laid it was wrong to go into thsfe
digrefhous.
Mr.. BURR ohferved, that how much roever
he may have diiapproved of certain principles
OF law laid down in the late decifion of the Su-
preme Court, he fhould not at prefent inlif
upon them; that all he now wifhed from the
Judge was, that he hould nftruet the jury on
certain points of telimony for inffance, as to
the article of papers-e
Mr.. Hay pledged hmfeif, that no attempt
| fhould be made to fend up any teftimony TO
the jury without the knowledge of the court.
| Mr.. RANDOLPH obierved, that it was not
10 much on particular parts of tefimony, as
on certain principles oftettimony, that he with
ed iultruclions from the court as for inttance,
how many witnefies were necenary 10 fatisfy
Grand Jury as to overt act how far facts
committed in different diftrits ihould be fuf-
tered to bear upon Jingle att faid TO be COM
| mitted III one dftri6t only and what fpeccs
OF evidence it was proper 10 lay before them.
Mr.. HAY declared, that this was an extra
ordinary proceeding; and that the oppolite
| council would require from the court a differ
! tation upon the whole criminal law upon e.
very point which might politely occur He
thought the jury was the beit judge; and if
they had any doubts, let them then apply to
| the court for innruttons.
| MIR. WICKHAM obferved, that he did not
require difientaton on criminal law in gene
raj ; but merely that the court would charge
and inftruet the jury on certain cafes of law &
evidence that this was not, has been faid,
an ordinary cafe; that the man who thought
70, mutt have fhut his eyes againit the hoft of
prejudices RATED againlt his client; and that G.
ven the attorney for the u. S. had faid there was
not man nora boy who hadno formed an opini-
on upon 1t that the neceflity of inftrnetng
arote from the popularity of this cafe that
there might be wtnefrs from different parts
OF the U. S. who would fate different facts not
connected with Col. Burr: that the jury ought
TO know from the court, what from this vat
MATS of teltimony ought to have Iega appli-
cation that there were witneiles 10 ffow what
e was done in the Wet, when Col. Burr was
, hundreds of miles diftant. Was not fome in
! itruction on thefe points necehary?
Mr.. HAY obierved, that if the law was to be
laid down by the court, they would certainly
, with to have it Rrft laid down by both Gdes /;
now what do the oppoii;e council with that
the court fhoud decide, without argument, on
matters the mott important. Suppofe the fame
points were to come before the Petit Jury,
could the court march W to the inveftigation
with the fame freedom from bias, ihatthey ought
to pofieis! Let the Court proceed in the ulual
form. They have already given general def
milton OF principles: this is the correct courle
, 1t point be made, an. argument may after
wards be maintained.
Mr.. Boris fsid, that in cafe of fuch unex-
ampled Importance the bufy crowd around
: them, the noiie in the country, the activity of
the government and the curiohty of the people,
fufhclently atteited 1t (; no Reasonable objection
could be made 10 even waiting few minutes
Is not this cafe, where the prfoner requires
every legal right, which the court can furnfh /?
CHIEF JUSTICE obferyed, that there Would
certainly be difficulty in the courts giving
d'hertatlons on penal laws that he was not at
preient prepared to lay, whether the fame evil
dence was neoeiiary before a Grand as Petit
jury; whether two witnefies to an overt act
were required to fstisfy Graud Jury: this was
point, which he would have TO coniider !:
that he had not alto made up his mind on the
evidence OF facts faid to be done in different
, ditricts; but that his prefent impreflion was,
that facts done qUitbom the difriet, NAV be
brought in to prove the material fact faid to be
done qvitbm the diftriSt, where that fact was
charsed.-The diicuflion was pofponed.
Several witnenes who were fummoned by the
U. S. were called aud recognized to appear, to-
morrow, IL O'Clock.
SATURDAY, May zs.
The Court fat at ia. Burr was not pre-.
tent. The proceedings of yefterday being read
AID the names OF the Grand Jury called over,
MI, Hay moved, to recognize tae witnelIes who
were not preient yeterday. Thofe who APP
peared were, Erick BoIlman, Samuel Swsrt-
won't, Ebomao Morgan, and Robert Spence.
Some conversation enfued on the motion to
inaruet the Grand Jury: and it was under
food, thai Mr.. Burr's council was to give
timely notice, to the u. s. attornies, Of the pro-
petitions they intended to fubmit to the court.
The queitio1 was iuggehed, whether the @.
J. could be adjourned to fome f4ture day, with
out being adjourned from day TO dag. The
Chief Juhice declared, he was not prepared TO
give an opinion on the iubjeet.
! MONDAY: Mas 25.
TIE P'sN'fdags Of tbs dag acre rsfrtmoy ,7:,taieg,
| amt Fall be detailed al iengtb b,reajiey
Mr.. HAY declared that he ihoud not for fevera,
days iend up his indictments to the Grand fury,
uDleis General Wikinlon made his appearance
and that in cafe he did appear, he mould then
determine on the eourle he ought to purfue-'Th,.
Grand Jury adjourned till 1ueflay I2 o'clock.
Mr. Hay moved the court TO commit A R,,rr m,