Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1807-10-22
xrsm tn h &c ID Eng & IRE 3.
TRIAL
COLONEL A, BuRR.
MoTios FOR COMMITMENT
ExAalIN.ATIs,.S OF EVIDENCE.
MoTIox FOR CoMMlTMENT.
THURSDAY, October I
CGsneral }yilkinson $ testimony continued Z


Cen. Wilkinson proceeded. he next
ausstioa winch was asked was, whether
had MOI made prlva,e communscations 10
hsusenanr {nnrs. ihave said that gave
uo.erdsrs Mrasanan; yones ; but i ! had
there are uccumenss 10 shew IT nos 2 a5usil.
6ca,ion of my ccnduc, 10 all the measures
pufsucd. al Ices. = ex aepuasion-
S lIerr gen. w slkisson presented seve-
B. raj ilspers shewira The sgisated state OF
New Orleans. They were not read See
Z notes o par
Nr., Wickham TO Gen. IlilkinScn DO
Won recollect The. last quession put 70 you
Has your conduct o seising Swarswout,
b sllman, CgdeD and Adair been approved
or disspprosed BY the cove rnnens !; ADD
have sou received any communications
from The gsvernfnen, on this subject?
General Wilkinson sad he must refers 10
his Eonor 10 koow whether be was bound
10 answer that question
The Chief Justice declared shasit nigh.
{ DC answered under the Instructions laid
! down.
GsnsraI Wilkinson / can say that three
of these persons, perhaps four, were seized
on ny responsibility, without aoy or
ders froEa government
mr.. Wiickhom. Which three. a BOZ
5 man, Swar,wou,, Ogden, and perhaps a.;
; dair.
Mr.. Wfckhas Had yoa any orders
sicn, or afterwards 10 siezs them had
yon any orders with respect to the seizure
ofcolonsl Burr by military force! A No;
not AZ that time. q Had you any after
wards
General N-silksi;nsoa. Tia. is q qacssion
al, very grca, delicaey win ne. { Address
Ing he .iudge) Gao ! question be iaisiy,pnt
and an answer cocrced which may drstSoy
mans honor.
TMr. Wickhan1 said there was nn.ru'e of
law which preven,eda witness from giving
an answer uofessit subjected him 70 crl
minal prosecution. Mere smypafhies were
no canss, Of refusal. However unpleasant
these questions Nigh, be TO gen; Wilkinson.
;,woud be ashsmeful derehction Ct dufy
u the coorsel Of colonel Barr not toput.
,hsms n ( said that he had nor expesienc.
-, snv smypa,hies towards his client.
Gen. Wigsinsou to the jJutage. Is atri.
u before ecurs martial siGs,iar 10 a cfI&
snoinal prosecution might be subjected
20 military punishment, 10 as severe pa
nishmsnt as could be iraleted by civil
tribunal for revealing my orders
The Chief f,sstice said thar be was cot
sure thar gen. w. could be required 10 an.
.sYeY that question.
vTMr. Wsckham contended tina, there could
be no articles of war which could punish a
man fer disclosing uhar he is called upon
70 declare in court of justice. The coars
had right 10 require tie disclosure aad
would enforce its own authority
Mr.. NcR1e eon,snded that when ,he
answer r. CURED would lead TO the discove-
nv Of FAC. whic h might subject man 10
unishmstt I'll was Away 8 deemed good
reasonto withhold it. He understood she
snswer which might be, gwen by gen. w
10 be of this nature. The question was
calculate d TO extract from hin fact, the
disclosure of which might tend 20 subject
him 10 punishment. tie could not say
what could be done before military ,ribu
nal but il was pos BILE thar he might be
!. punished If he should answer in partcr-
lar way. Suppose he should.say that 60.
yernmen, did not aushorise him to seize the
neYsous Of Burr and his accomplices; and
that he acted 90 his own responsibility ;or
suppose thashs should be acting under The
authority Of government bat upon exanin.
;rp his bowers, should ind that he had
transcribed The IN ,wcsld not disclosure
of this fact csimiualc him and SUBJECT hun
10 prosecution!
The Chief usfice said that the question
did not lead 10 the fact Of seizing those