Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-05
THURSDAY, Sept. 9.

The Chief Justice delivered his opinion
in writing at considerable length OH the
question made the day before the result
OF winch was that cofias was declaretlto
be the proper process, in this and other
cases OF misdcmearor where imprisonment
Is part of the punishment upon conviction
but that the accused being already in Gus
tody, 1t was unnecessary TO issue it,. He
might however, be admitted to bail.
Mr.. Ray said he would then proceed with
the indictment for mistemeanor.
Col. Burr mentioned thatthe letter from,
gen. Wilkinson to the president of the ",
D had not yet been Produced
MIR. Hay declared that he had looked o.
yer all the papers received from Mr.. Rod~
ney, and had not been able to find it. He
mad written to that gentleman on the SUBJ
Ject; and offered to furnish col. Burr with
copy verified by an affidavit.
Col Burr said he was not prepared to go
into trial to-day. He would reflect by to.
morrow whether lie could accept a copy.
A variety of desultory conversation took
place on the subject of the quantum of bail
to be required of col. Burr; and on cues
ton, whether his giving bail might not en-.
tangie OF obstruct the melton to commit
nm for treason the chief justice seeming
inclined to think that, if he was bound in
recognizance here, he could not be sent
to another state for trial !; and his counsel
contending, that, to get rid of the difficulty,
the Counsel for the L. 5. ought to dismiss
the prosecution for the misdemeanor At
length the chief justice declared it was ne
necessary to bring the question to close:
mat IT the prisoner was reddy to proceed
to trial for the misdemcsnor, on the next
day.. the trialshould take place; that, if q
continuance should be obtained. and mo-
lion then be made to commit him for trea-
son. the difficulty suggested should be re-;
served, for consideration after hearing the
motion at large; that in the mean time,
COZ. Burr should be admitted TO bail in the
sum of 5000 dollars.
Mr.. Hay entered .NoLLe Prosequi on
the indictment for treason against Jonathan
Dayfonj declaring he had no evidence a..
sainSt him except certain letters which he
had written to gen U'iLkiRson ; and that
he understood he had never been present az
any OF the overt acts of treason.
Mr.. Wfckhdm said that gen. DAYTON was
ready to plead not guilty on thu, indictments
Tor misdemeanor, and cote trial imme.
diately.
Mr.. Hay said he would take up his case
after that of Aaron Burr had been disposed
OF; that as counsel for the u S. he had a
right to exercise his discretion on that SUBJ
IJect; in which the court and Mr.. Wickham
appeared to acquesce.
The court adjourned till Friday twelve
O'Clock.
The following article is taken from the.
Baltimore Gazette Of Saturday evening, az
information received by the Mayor by an
express from Annapolis;
An EXPRESS from the pouernor 60 st.
mayor, brings information that FIVE of tie
crew OF the pirate passed thro' Annapolis
on their way to this city, and that a de-
tachment OF horse were ordered BY the 90.
vernon to apprehend them these men
were yesterday taken, and confessed them
selves part of the crew. A Frenc h boa,
under lieut.. Man, and French officer with
volunteers and Frenchmen out of Annabo.
lis, and packet with two field pieces, un-
der command of captains Muir and DuvaIl,
sailed in pursuit of the pirate: the pack
ct had returned without success-the other
boat had not returned"