The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-06-17


wound my feelings. than r you on Il any ,ther
mar fhould iuppce't prf1n;s that I n,,i,!f,,r
the gentlemen w;sh wtou / ;'n afforiat,G, or
the government whi.h vs. Sag the honor 10
repteienf, ihoGid ~ all eve;Ns desire the CON-
vittion OF the pri:oner.
The Chief JuNire replied, tina, It was not
n's Intention to intimate that the Attor,ies tor
the prosecution or that the administration, bed
ever w'ihed toe conviction os Col. b. whe,her
he was guilty or nuocent that his aR>rtioa
was this gentlemen had 10 often and 70 uni
tofh,y aHerted that Col. b. was guilty, and
tney had I'D often repeated il before the teh,-
o,ony was perceived on which tina. guilt could
alone be iubitantiated, that it appesred TO him
prcbah'e, that they were not indfrrep, on thu.
fnhIea >"' y" '''e
Mr.. M'Rae begged leave TO point .,u, ,o.b.
court considerable difference. hetw.eo ,be
opinions ard wi;hes of the connfcI for tbs ,,r,-
iecutiot': that from the .cfimony when thry
had examined, they thought it extremely rp,.
| oaoie that "A. b. was really guilty h,,f Man
this was very different from whiting 70 t,,i h.,
guilty or TO convict him at all events.
Mr.. Hay obierssd that his own copE,ien, .
was fatished with the courfe which h, bad
purified in this bu6ucfs; that he bonlJ ar
tempt to fscure the fame fentirncnt b, hi. In
ture department; and provided he enioyed thu,
iatistaetion, he "'1s completely indier,ept,,
tue opinion OF others and he fhnuld crrt,irI,
puT'ue his own judgment.-He afsed wbrther
he might not fend up the witnefYrs To the n
Jury 4! Mr. Burr then prefitd upon the court
the neseiiity of giving the supplemental charye.
that 1t would be of considerable heneht min.
ltructing the jury to fcpsEate what was Dronsr
| IN the evidence from what was improper. tia,
IT the charge was not dAiversd for feveral DAYS.
the Jury,n IN the mean time be receiving
| very fa1ie impreilions; and tAat their MINI
might be 10 completely involved in thief. I'M
preihons, that 1t would be impofible for them
TO ieparate them from their deciiions, ever after
the deiiveryof the charge. He conceived that the.
court ought either TO prevent the witnrfTes from,
gsing to the Grand Jury or to deliver i,s i,,fs.
Elemental charge.-The Grief yufiee replied
that on Monday morning he would deliver the
charge, IT all the neceaary preliminary points
| could be fettled.
Mr.. Hay then requefed the clerk to fyear
tour OF the wtnrfies. Thomas Truxton. Wi.
liam Eaton, Benjamin Stodt'ert & Stephen De.
catur were accordingly fworn and conducted
to the jury Room.
i AR. Barr hoped that the court would inm..
diately take up the supplemental charge TO tb.
Jury. What was the Objection which the a,tor.
| ney for the U. S. has fubmilted to yosr hon.
our, and on which you fremed to entertain fome
doubts ?
| Cbief JyGiee. IT is, whether the Gasute Of
Edward W. was row in force in this country,
| -'' A"""0tPE' We are ready on That poiue
The Clerk then proceeded to- cali four other
wItnetes 20 the Book; but when Erick Boil
man appeared, Mr.. Hay addreGed the court TO
the following efFet1:
| Before Mr.. Bolnsn is fyorn, 7 muR inforr,,
the court Of particular. and not immateriat
| ciFcumtancc. He, fir, has made full commu
nication to the government, of the plans, the
| dehgDs, and yirws of A. Burr. As theft con,.
munjcations might criminals DR.. Bollrpan be.
fore the Grand jury, The Pcehdent of the u.
,. has communicated &c me this pardon (hoId
ing it in his HANDY which have already offered
to DIR. b. He received it in a very heftatine
manner; and think informed me ihat he knew
not whether he thould or filould not accent il.
lie TOOK It from me however, rs he informed
me TOR the purpofe Of taking the advice of
council. He returned 1t in the fame heGtatino
manner he would neither politively accent
tnor refufe it. My own opinion is thar Dr
B. cannot under thefe circumstances poIibJv
eriminate himfelf. This pardon will comDleat-
" eSonerste him from all the penalties of the
law. believe his evidence to be ex,remeIv
material. In the prefence of this cour, offer
this pardon to him, and if he retuEes. 7 al
depoit it with the Clerk for his ufe.-Will yon.
lr, (addrefiiag himtef to Mr.. Bolnanl accent
| this pardon?
Mr.. Boliman. No will not, FIR.
| Mr. Hay then OBJ " we'd that Dr. BoIlman muA
he carried up to the Grand Jury with an ntima-
ton, that he had been pardoned.-
Mr. Martin. 1t has always been DR.. RS in.
tention to refufe this pardon: but he b,.
not pofitvely refufed itbeforc, becaufe he win
ed to have this opportunity of publicly re.
lje6fine it.
Erick Bollrnan. William Duane, Peter Tav-
Tor and *~****"r Albright were then Ggorn by
the Clerk.
Mr.. Martin did not frppofe tina. DR.. BIS
p1rdon was real or efTectual one if be made
any contetions before the Grand Tury thew
might find an indictment, which would hold
againt him; nor could his be an effett,isl one
before it was plead to an indictment in open
count.
Mr.. Hay enquired whether DR.. 3. might not
pats on to the Grand Jury.--Tbe Cb;efT vHie.
aiked, what would be the difference between
lending him now and iome time hence, when
the qucnion about his pardon flail have been.
liettled.-Mr Hay teplisd, that he was anxious
to introduce his evidence before the Grand
Jury in chronological order, and that if DR..
BIS was fufpended, it would make chain i'm
his arrangement however it was of very little
conisquence TO him, whether he was frnt row
or fome time heuce.-Cbief Jly7ice. What ia
particular point before The court Mr.. Mar
tin. DR.. b. is not pardoned, and no man ia
bound To criminate binfeif.-- Cbief TnRiee,
What precedents have you Mr.. Marin. am
prepared to fhow, that patty even poHefIed of
4 pardon, is Till indielable by the Grand Inrv.