Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-20
ti2 y Gents Single. !


upon those privileges 20 which every citi..
zen was ontiticd. &c himself ne said had
been The public attorney of another state :
but never in one instance did he exercise
the right of examining witnesses before
the grand jury. He eXpatiatcd upon the
stories that had hcen circulated about him.
self, and declared their falsity. He said 10
had been reported that three boats loaded
with men, provision and arms had descen-,
ded the Ohio, belonging &c him-he said
they were not his, and ultimately proved
to be the boats Of some families who were
movin; * the one with guns, were the ro-
perty of MIR. Berthoud of LOUSY lie He
dec 7 d in uneQuivocal terms his moce CO.
| The Judge delivered his opinion, that it:
had been the practice Of every court with
/ which he had been acquainted, for the pub
: lie attorney never to examine witnesses be-
! fore the grand jury but If the jury were
I doubtful OK any matters relating to laws
that they should invite the pubic attorney
to come before them and explain themr
he had been public attorney, and he ne1
yer examined Witnesses before the Grand
jury, during his continuance in cthce
Some conversation tool, place between
the Judge and Mr.. D2yeiss, in The course Of
, which MIR. Dayeiss stated 10 the Judge thar
on a former occasion he had given it as his
opinion that the public attorney had 4 right,
tn examine the Witnesses before the grand
! Jury. lis honor very briskly replied that
the opinion spoken of ty MIR. Daveiss waa
( given ont Of court Mr.. ID. acknowledged
it was, but nevertheless, IS 1t was given afB
| ter his motion against Mr.. Burr, was made.
/ he considered the same opinion would also,
/ be given in court. He went on to remark
that unless he had been convinced by that
: opinion, that the Judge would acknowledge.
| his right as attorney for ;he u. States To-
/ examine witnesses before the grand juryv
: lie never would have run the country to-
, the expense OF calling grand jury. The
Judge Observed, that opinion was out Of
/ court, and Of course no way binding on tho
court. Of course the jury examined the
7 witnesses Hithou. the aid Of Mr.. Daveisss
and under the peculiar restrictions in tho
Judges charge.
] could but remark somethingia the man-
ner and decisions Of the honorable Judge
which induces ne u believe, his mind az
not rs free from has rs Should ne E.veL
ry act, every determination lie gave, went
20 prove he felt deeply interested in the
2Cgpitl1i Of colBurr. A preAetermination
to tEwait the proceedings cfMr Davciss, 81
hamper enquiry az 20 col '9iTr, was ptain-
" visible 20 the physi0gnomist, in every
line Of his face and u the close observer
in his every act. 1t viii be remembered
BY my readers, that the Judge had but few
days previous TO dis, Oh examination before
the committee appointed 70 enquire into
SCbaStian'S conduct, deeply implicated hims
self, in a former attempt % separate from
the union, and even admitting the Judge
was clear of any connection with Burr'a
scheme, ttor the sake Of argument) ne
must have had fellow feeling ior 50 greats
rood and IerSec,litd q MN, who is now
engagcdin IN cntcrDirze 'g4inst the inter5