The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-20

whole, fir, :iaid MIR. McRse, il is admitted on
both t;dcs that witneis cannot he made TO cri.
nonate himfoH The only difference Of opini-
on is, rs 10 the effect O. this auf,ser.. But let
the anfsyer 10 this queiion be in th- aft rma.ivc
or the negsti,e, ! am fstisfcd that i, canno,
crimiDate MIR. Willie. The court may only
determine from this anfwer, whether he ihould
be forced 10 anfwer fprher interrogatories
ITO be eo8t;sxed
WEDNESDAY, Jsnc IL.
Mr.. Eay obierved, that many remarks had
been yeitsrday made respecting a cyphcred let
ter; that Ges. WIS name had been dragged
into the ditceiiion; and that having in fsmc
way or other obtained knowledge of fha, cir
cumitsnce, he had addref1ed to him letter,
which he ihould lay before the court.
RicHMo..D, l7th June, OF.
SIR,
The letter addrefed to Winbourn, was de-
livered to me by Charles Patton, of the Houft
of Meeker, Wiiiamfon and Patton, New-,Or-
leans, and he informed me was tranimittcd in
the incloied envelope.
Respectfully, am, kr,
ia: WILKINSON.
Gro. HAY, ESQ.
Here followed continuation OF the difcuffi.
on on WILKES teaimony which will appear here
after.
CHEF J4ais,. Is there any other quefiion before
the court.
Efr. HlsRat reoueaed deeion on DR.. Boil
mans cafe; as he wi9ied to interrogate hia, about
the eypherea l.,tc.-ls4r. IS7i!ia.4, was ready TO
60 into the point.
Mr.. Eur. There will srife fone very import
ant 9ueition. affecting the very fources of the ju-
riiprudenee Of this country. I have feveral affida-
Wits to produce, to NEW that improper means have
been ufed to coDtaminate the public jufiice.--
When thee proofs have beer duly exhibited il will
be the province OF the court 70 decide whether they
will not lay their hands upon luch evidence.
!. Mr.. Bsts,. rife apprize the oppoii,e council
that there three four queGions OF comfortable
importance, which s,all bring forward as foon as
poiiibie Two or three days ago commented upon
the PunderSof the p. Caicss and allure the couI-
Eel Tor tbs profecution that ihall probe that lubea
10 the bottom as no man be anxious th an
myfef that the odiur which this tranlafon attsehe.
to the inferior the iuperior officers of the govern
ment, thoud be wiped off. As private citizen, or
as council for my client, iia be incerely pie afsd
with TT opportunity Of retraaing the exprefions
which have employed. The court will at once per-
eetye ths ncc.ibty OF going into this enquiry at We
~ carly period; for if the officers OF government
have hitherto broken open letters from c. Burr they
NAY hereafter relort TO the very fame espedent
and by thus obaructng the very medium of commu-
ies and preparing for his defence One more remark
Yeiterday | undsriiood Mr.. Hay to charge us with
having made certain iniinuatons agaiRR perfons rot
actually named. tie demanded why We had not
iorborne thefe charge, until we were prepared 10
iuPpor them. That. remark, fir, iiruck me with
peculiar force. wasot she fame opinion, THAT fome
proof ought TO be produced Immediately ror- and
PrOithed my ~ifes 60 go into iuycigatioG OF the
cafe But. fir little did expect that the gentle
man would have proceeded to have julifed thef-
GRIMES. Little did expect that iuch felonitu US
uaniaetions ihouio nave been biazoued into mighty
virtues, or that it would have ever been maintained
IN this court that the perfon who had failed TO plum
der the p. ethces, would have been guilty OF dere-
heion OF their duty.-l Wits, iir, to explore the p
Q. Laws 10 fee whether they do not contain fore
provihen, prohibiting the introduction of tetiraony
tina illegally obtsiued.
CSf5 J4fies. Units thefe allegations afeaed Come
teifimony that va. about TO be delivered how can
you introduce this fubie4
Al this time the MARTIAL entered; and foon after
MT. iiay informed the co're, that Col. Morgan was
at thar time before the Grand Jury, and they had
lent Tor letter from A. Burr, to him. Should the
letter (holdng it IN his HANDY be fent to the c. p?
Mr. 5otsrequefed 70 fee it. Here fsid me- i, lrnail
piece OF newspaper attached to it which ought no,
10 accompany it before the c.. I.--M- Burr
nave no objection that any of my letters ihould be
lent up; but tru r it will be f.parated from this
OFT Oh newspaper, and this comraent which MIR.
Morgan has attached TO 1.-THE letter was handed
to the Chief Jutce who otlerved that the only ufe
OF the newspaper TO lcw that at that time Col
b. was at Pittfburg.-Ili,. Hay fld it was nothing
more than to refreih his nen,ory-Th Cliff 9xEiss
decided that 1t right di1ever it from the let
ter The newspaper itfelf was no evidence; but if
Col. Morgan would with it 20 refreh his memory
there could Ne no objection. They were according
ly eParated, and then both OF them were delivered
into the hands of the Marfhal-
M Bvrr. The court have very properly de-
manded Tome proof OF the relevancy OF our propofti-
on. Sir, we are ready to prove it are ready TO
prove 'tuPon people on this very ground and we
are ready TO name the p. Offices, IL the court re-
CURES 1t, which have been thus plundered--When
II comes cut, that evidence has been thus improperly
obtained, we HAL lay Sir, that il is contaminated
by fraud Will name three perfons who have been
guilty OF improper conduct in procuring evidence a.
gainit me. Thefe are Judge Tculmn of the Niif
inbppl Territory, John @. Jseklon member of Con-
greis, and General Wilkinion. Two Of thefe per-
on' are within thereaeh OF this court as we'll as the
improper manner in which they nave procured afH-
daYts and wtnefes agant me. mention thef.
circumstances for two reafons; Il. that the court
may take whatever teps they think fit 20 AREA this
proceeding; and End. that they may undetnand
the way, III which iome Of this evidence has been
eontamina'ed'-C6isf JHiaise Let, the eoniequeuce.
Oe as they may, this court cannot take cogaizanee
OF any act, which has not been committed within
TINS ohtritt.--A1r. Hay. Let fone fpecifc motion
De made and the evidence produced aud If there
mas been any crime committed, let the offenders be
Pfo'eeuted according to law. Theie gentlemen