Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-08-19

States appeared, and were recognized.
The forty eight gentlemen, who had been
summoned as Tales de circumstan.ibus,
we're then called over I; of whom SIX were
absent. Mr.. Benjamin Tate Zone of those
who were presently was excused from SER
wing. OH the ground his bad state of health
Col Barr observed, that since the num-
Der present was now reduced TO forty one,
and he had right to challenge peremp-
torily thirty five it was obviously in his
power to select any eight whom he should
prefer. He therefore proposed Ito prevent
the unnecessary consumption of time) that
he should be permitted to make a list of
eight OF the persons summoned; in which
case he doubted not a jury hight be obtain
ed in few minutes.
The Council for the United States con-
scented To this proposal; wbereupHn Col.
Burr presented a list of the following names;
Christohher .sfnfhony, (Goochland) Reuben
Blakry, QIenrico) John NJ SHEPPARD,
(Hanover3 .John Fitzgerald, (Nottoway)
Miles Bott5, (Manchester) James Shit
hard, Richmond) Henry e. Coleman HAL
ifax) and John Curd, (Goochland.) 4,
Those gentleman were severally called
over and examined.
Mr.. Christopher Anthony, being called,
said that he had uttered certain expressi-
orr, which might be considered as having
disqualified him.
| Col. Burr. If those expressions do not
weigh upon your mind, should trust, from
the representation had heard of your cha
! racter, that you may nevertheless not be
disqualified to serve.
| Mr.. .4TthoHy. The expression used by
me were that wished 70 be put oil the
jury and, If was, would hang Col. Burr
without ceremony" But / was not serious
in those expressions, which were merely
| spoken in levity.
MIR N>Rac. Have you read Gen Ea-
toms and General Wilkinsnn's dispositions
and have they had no effect on your mind
This question was objected toby Col. Burr
and his counsel.
| Mr.. EIsRae contended that the question
was proper, and sanctioned by the exam
pie of Aaron Burr himself and Of his conn
sci, in the examination OF the venirc-rnen
objected to by them He observed that ne
did not recolscct that they in every case
had challenged for Cause that their course
| had been to ask each venire-man whether
he had any thing to say to the court, and to
put questions nearly similar to the one
which he had propounded. He wished, on
the part of the United States, only to have
the same privilege of examining the persons
proposed to be on the jury, which had been
enjoyed on the part of the prisoner. Col
Burr himself had suggested, that it woui;l
be dishonorable for person summoned on
the jury, VINO knew of any oojecto"s, to
himself, TO wait until he was questioned
and had exhortcd all the venrr-men voun-
q tariiv to state All the impressions, which
they felt, or had declared, relative to Him
Mr.. M'Rae hoped that the eight gen.
tlemcn who had now been selected would
act in the same manner.
Mr.. Hay. i have no objection TO the ju-
ry's being sworn provided the court vii
previously ask each juryman whether he
knows in his concience Of any impeachment
to his serving
The chief justice gave it as the opinion
of the conrt that the proper question was
whether the persons proposed as jurors hae
made up and declared an opinion that the
Iprisoner was guilty or not guilty; and, adj
dressing himself to those persons, he said
If any of you have made up AN opinion
and declared it, that the prisoner is eitheI
guilty or not guilty, yod are disqualified e
serve as jurors"
Col. Burr observed that the law pre-.
sumes every person innocent until his gull
: appears; that, therefore, no declaration o
an opinion hdt he SydS nor gully ought t;
] disqualify juror.
, 1Re chief JUSTICE There is an obvious
: distinction in this case. If man has oulJ
/; expressed an opinion, tina. the legal pre-
: sumption. Of Innocence RnlI gaiH is frot'
: cd, ought to prevail and that the prsone
ought not to be convicted without evidence
this would not disqualify him but, If ht
, has gone farther, and said thnt he beiieUet
k,ni moi eniby, this ought to set him aside
as evidently partial, and biassed in favor o
: the prisoner.
D The examination of the persons offeret
2 as jurors then progressed.
D Mr.. Chrisfohher .EnfhoHy declared him
self strongly ptejudiced against the design
of Aaron Burr, believing them hostile TO tn
United States. lie was nevertheless &C
/ cepted by the prisoner.
+ mr.. JOHN IA. Sh,hb0rd said he had form
n ed impressions which he conceived ough
r to disqualify him. He had made up his {
c pnion, and expressed it freely: " that h
S considered col. Bufr's Intentions hostile I
j. the United States, and that col. Burr woul
= overturn the government il he could" II
IS observed also, that ne wished to be excuse
k from serving, ON the ground Of the sickness
c of one Of his family.
J. Col Burr. Notwithstanding the decls
: rations Of Mr.. Sheppard, should " sh
IS retain him, because ] hope he would b
l. able to divest himself Of the impressions
d has mentioned but should wish not
d subject him to inconvenience in Consequence
e ,F che eel pe4e IN, his "a mile LET him :