The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-22
EXAMINATION OF EVIDENCE.
FRIDAY, Sept. ls
Games Me'Dozve!.


Games Mc'Dozve!.
Mr.. Hey. DID you go az low as the Chicka-
fw Bluffs? a. l did. Q. What number of
men were anemblcd at the mouth of Cumber
land ,ives A. About loo. Q. How many
additional men Joined them there? A. Go
not recoeGt. Q. Did you fee any boxes OF
Arms a. No. O. Did You fee any guns
with bayonets? A. iaw few. Q. Any pi!-
tolls A. Six CT eight Pair ; and Tome riffs.
O. Do you knew Of ahy men who joined them
at Fort MaGac Efr. Burr objected to this
Queition. Fort Maf'ac was in the Indiana Ter
rI,ory.--Mr. Hey. Did you fee any powder !?
Yes. Q. What quantity? A. "A couple of fmal
cafks. Q Did you fee any huiletr ard what
quantity a. helped to run ione myief, & |
faw barrel about two thirds full. ! iaw
thofe bullets below Bayou Pierre. Q DID yon
fee Bannerhail-tt and Smith A. Yes. Q.
D'd this party ieem to be under Burr's COM
mand A. They iad, it was Col. B.,rr's boats
and party. They regarded tbemfeives as I'M
der his direction. 0. Were there any other
Officers apparently under Burr's command ? A.
Yes. Col. Tyler was an Off :er and Mr.. Banner
haiiett feemtd to be one but not to have 70
much command as Col. Tyler. Mr.. HTrt. Did
you fee agricultural tools fuch as Pioughs
and Hoee, adapted to the f,t,lsmsnt of lands !.
a. Not any. Q. Were there any families that
10, any u'Sh WIN tHeIT wives. A. iHerc were
families. Q Of what dfcription of charac-
ter was this part competed? 4. Principally Of
yours men. Q Did they appear to be men,
accuftomed 10 plantation iabcur? A. me of
them appeared mt but mott of them fseucd
like gentlemen.
M. Hay prefumed that it would not be de.
parting from the opinion OF the court. IF he ak
ed queftion concerning fome tranfaGtion out
OF the U. s. WHICH might ferve 20 eluc;dite The
taie OF the party at the mouth of Cumberland.
Might he not, for nftancc, enquire whether the
w'tneis had tecn any boxes of arms a, Bayou
Pierre becauft it was perfectly fair to inicr,
that1 they had not been fubfequenty received,
they HnH have been with the party at the mouth
OF Cumberland river: Mr. Burr. No precifs
inference can be drawn from that citcumfance
ercauie their arms may have been received into
the boats below the line of Tennt nre.--Thc
LI'J JEETee thought il proper quciton II
the actd attempted to be proved were done in the
u. States, evidence might be drawn rom any
Place to prove them. Bot no evidence could
be produced to prove IN att, that was done in
The U. 5. Mr.. Baker. This is really Il Grange
mode of lnierrng circumstances by coOtraft
me witneia fays expressly that they were rot
AZ The mouth of Cumberland, and yet he is to
be interrogated whether he did not fee them at
Bayou Pierre. mr.. ME- Do ;Oei. | did not fay,
mat they were not at the mouth of Cunbcr-
land. fad only, that did not Zee them there.
mar. Hay. Was there then any f4ci to induce
you 10 believe that there were chefs Of arms on
board Al did not Zee them. But they took
IN fome boxes at Bl4nnerbafIett's in4nd. Q
Did they take in any boxes between tie
mouth of Cumberland and Bayou Pierre Al
Noac.-mr. WTrt. You FAY that there were a
bout leo men at the mouth of Cumberland ri-
Ver' Was there any accefli0n TO this party af-
forwards A 1t WAS increafsd before we got
to CoIes's Creek. q. What was the total 4.
mount of the party A. There were about 80
At Coles Creek. O. Was there any appica-
fion to you to join them (! A. Mr.. Blannerbaf
felt applied TO me. q. In what manner! h.
He aiked me to go along with him but faid
did not win to go without knowing where
they were going. lie was at me two or three
times lie fdid thar many men were going,
without knowing any more thar did. l told
him had very little in the world but that |
did not win TO leave it in that way.
MIR. Burr here interrupted the Examination.
He obferved that the couufei for the profecuti-
on were bound to prove the overt aa firft that
there was no imprOprie!y in producing circum-
frances explanatory Of the overt 81 but how
could thefe conversations between other per-
10ne, aud held IN his abfence contribute TO eltab-
liih this act, or how could they alfe6l MIN
Dir. Hay contended that thcfe circumstances
might contribute to ihow the intentions Of the
party and tie character Of the Enterprizc.-
Tne Cbief'TA,7ice conGdcred this az admGibIe
tetiu,nuy. II the couuiel for the rroftrntioa
charged military anembIage at the mouth oi
Cumbtrtu6. they were at liberty to produce
every ciTcumGaucc explanatory e The nature Of
sHsn5lage. lie couidercd couveriAuons
ars the men themfslyes a. tie mouth OF
CUJtCcraDd as Admirable, becauie thty con-