Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-06

IL ny wafer, MS ARRIVAL is uncertain {, III
by land, from the distance already stated,
he may not be expected till the period
just mentioned. could wish, If the court
and the counsel on the other side have
no objection, that the grand Jury might
not be called i'm less than ten or twelve
! days. 1t is of the utmost importance
that this trial should be brought to close
at the present term. A number of wit.
nesses are now attending who cannot pro-
badly be had here again. And | submit
it 10 the court whether it would no: be
better to prolong its session, than subject
the parties to the expense and trouble of
coming TO this place again either at a spe-
cial court or at subsequent term; even
! lit could be expected that they would all
attend.
| c. Justice. There will be no difficulty
with the court. 1t will certainly continue
lis session any reasonable time which may
be required, rather than call a special
court, or delay the trial Till the next term.
Mr.. Hay. Gen. WilkinsoD's situation
as commander in chief ofthe forces Of the
United States, is very delicate one. HIS
official duties may require him to return
immediately afer his arrva, at this place.
I Our affairs in that part OF the union are
! also in very unsettled state. If he should
! be compelled 10 return after the adjourn
ment of the court, it may no, be in his
| power 10 be here either at special court,
or at the next term. He hoped that the
proposition to adjourn the grand Jury to
distant day would meet with the approba-
ton OF Col. Burr and his counsel.
| Dir. Wickhaai, after what had fallen
from the gentleman few day: ago, could
not suppress his surprise at hearing the
proposition now made. 1t was then sta
ted by the counsel for the United States,
that Gen. Wilkinson might be expected
here in a few days ION the 18th or 3oth
Of last month at farthest.
mr.. Hay. That is easily explained.
! The letter Of Gen. Dearborn stating that
Gen. Wilkinson might be. expected here
On the 2Slh or 3Oth OF last month, must
have been founded on the time of the de-
pariure of the expresses from the seat of
| government, and calculation of the dis
lance only. No allowance was probably
made for those casualties which may &C.
| cur in the performance of so long Jour
4
proves that the express could not have ar.
rived at New Orleans till the Sd or 4th of
| May.
The Chief Justice said, that he would
observe before the grand jury came in,
that although the inconvenienCies which
would result from postponement of the
cause, were much to be regretted, vet
;hey were surely less than would arise
from any other mode which could be sug.
gested. Il would be better for the court
TO continue in session fortnight longer
than usual, than to adjourn to The next
term without having concluded this trial.
The court would cheerfully adjourn from
; day TO day, even if there were no questi-
ons before it, in order to give time for
the parties to be fully prepared.
Mr.. Wickhan, said he should have no
objection to the proposed delay, if there
was any prospect Of the arrival of Gen.
Wilkinson. He had no sort of doubt but
Gen. Wilkinson might have been here il
he pleased. If the government had done
its duty, of which he had no doubt, Gen.
, Wilkinson might have been here before
this time, by any conveyance which he
could have chosen.
Chicf Justice. Though Gen. Wilkin.
son might POSSIBLY have been here, yet the
court will not calculate with absolute Ger.
> tainty nor will the narrowest limit be
taken as that in which he might have
come.
Mr.. Hay. Maj .ePerkins was 81 or IS
days in travelling from fort Stoddart t.
, this place. He had advantages too, oil
which Gen. Wilkinson cannot avail him
self. Maj. Perkins IN ght procure fresh
horses by impressment whenever he dee
med it necessary. This gentleman was
said TO have used due diligence. He was
even charged If having used too much di
ligence. Gentlemen should not be toe
confident. am confident that Gen. w |
kinson is now on his way and that nothing
but death will prevent his arrival.
The grand jury having been called in.
to court,
EEr. Hay observed that he had already
expressed his most ardent wish that thl:
, trial might be concluded during the pre-
: sent term. He wished that the grand
= Jury might not be called in less than :
fortnight bnt was des r1us to know wha
time would be convenient to thems
r Mr.. John RaadoLah, foreman. Any
time that may suit the convenience 0
I the court or the parties, Will suit tn,