Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-06-12

lions, instituted BY special order 81 III.
.executive, from epeculiar inconvrn;en.
.sies and hardships Of this particular case
,pm Improper effects which inevitably
result from this examination, are some
&c chem subjects for the consideration 81
dose who make the motion, rather than
Of the court, and others go, to che en-
eumspection with which the testimony in
support Of the motion ought to be weish.
Cd, rather than TO the duty Of hearing Il.
a Il has been said that col. Burr already
stands charged with treason, and that,
therefore, . motion to commit him fer
the same offence is improper. Bur the
faetis not 90 understood by tie court.
The application to charge him with trsa.
con was rejected by the Judge to whom
itwas made, because the testimony q
Tered In support of the charge did NOT
fnrpish probable cause for tie opinion,
that The crime had been committed. Az.
Fthis rejection, col. Burr stood so far
- respected his Legal liability 10 have
tie charge repeated, IN precisely the
sams situation NJ If il had never been
made. He appears in court now a If
'she crime Of treasoh. had never before
besp alledesd agaihst him. i That j, has
been plledged, that The eovernment hal
time to collect testimony for the esta.
blishment Of the fact, that an immense
crowd Of Witnesses are attending for the.
purpose, that the prosecutor 10 his own
judgement has testimony to support ths
Indictment, are circumstances which
may have their influence on the molten
for commitment. or ON continuance,
but which cannot deprive the attorney
for the y. 5; Of the right to make his
motion. If he was about to send up a
bill to the grand Jury, he nigh, move
that the CHRONOLOGICAL to accuse should
be ordered into custody and /, would be
IN the discretion Of the court to grant or
to reject the motion.
The court perceived and regrets that
the result Of this motion, may be puh-
lieations unfayorable TO the Justice, and
to the right decision Of the case bu. il
this consequences i to be prevented, It
must be BY other means than BY refusing
to hear the motion. No man feeling =
correct sense of the importanee which
ought 70 be attached BY all to fair and
impartial administration Of justice, es-
PeeiaRy IN criminal prosecutions. eaa
view without extreme solieitude any So
tempt which may be made to prejudice
the public Judgment, and try any per-
son, not BY the laws ofhis eoun,ry aud
the testimony exhibited against him
but BY public feelings, which may be and
often are arti6cially excited against the
innocent, as well as the guilty. Blu, the
remedy, Tor q practice not less dagger
Gus than it is criminal, is not 70 be OBJ
tanned BY suppressiae motions, which
either party may have legal right to
mike. =
lfi. is the choice Of the prosecutor ON
the part Of the u. s. TO proceed with
this motiens it Is, the opinion 81 the
court, that he may open his testimony.
Mr.. Hay then rose and declared that
he was fully sensible Of the inconvsni.
eneies which might resuk from . public
examination ofthe Witnesses Il this s,ass
ofthe prosecution |; that no,hing Blu, The
necessity oftakipg this step, to secure /
the appearance Of col Burr to answer
the charge, had induced him to make the
tsotion for commitment. He was vii.
ling therefore, ifany arrangemen, could
be made to attain the came end, and 70
obviate the ineonveniencies mentioned
By the. court, that such arrangement
should be made. He observed thas he
underwood from the counsel on the other
side that they we're Opposed to confer
With him and the sen,lsmea who ,assis--,
ed him on the sub eet Of adopfink ssms
Sefh etsangsment. He proposed there. )
iotes with the perhission Of the court,
10 retire for short time for the purpose
ef holding iheconference proposed.
~ The court having consented, the
counsel on beth sides retired together