Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-30
CIRCUIT COURT.
MOTION FOR COMMIrMENr.
SATURDAY, September 90.
EVIDENCE OF Gen. WILKINsoN.

cations of Mr. Swartwout
Gen. Hutchinson. On or about the sri,
OF October OF the last year, (1SG6) ! wac
st'ng, in the evening, Will. Col. Gushing.
ut ms quarters, and with him alone, WAN
a gentleman entered { Mr.. Hap. AZ what
place n. AtNutch.tech.sl The gem
teman enqu!red for Col. CaShinr, who rose
and received him. lie presented le,ter
70 'he Sol. ~Eo broke tie seal, and rcac it.
ne gentleman then announced hinisclfto
oe The Mr.. SzyGrs7UoHE refcrfe.! 10 IN fhat
letter; and Col Cus.iixe intfoG,,c,l l.i,r
90 me rs the friend of Gca GGufon: haDE.
ing me at the same TIME the Jctter, a copy
OF winch have, and the contents OF which
L wei recollect.
me General then produced paper.
sad TO be the deposition Of Col. Cushing,
winch comprehcnded this letter Mr.. Botts
SAID, when you are about to shew n paner6
YOU Will please TO submit it to our i1snccs
tIon. Gen. Hikkiusor. / shall be governs
ed by the Judge in that respect. MIR. Bona.
ihen we shall request the Judge to co.
rern you In that respect. Gen Uiit:z,so,l.
snail endeavcur to conduct myself wifi,
proprlety, and iii the most decorcis nan
ner to the court. Here Gen. HfLSltson
recapituiated the contents of the letter :
winch may be seen in the annexed depos;.
ton OF CD. Cushing, marked Al
MT STcarfgooaf ooi sear, ana inform
ca US mat, being on his way dUwn the Mis-
siSsippi ior New Orleans, in conpany with
2 Mr. Ogden, they had heard ar Fort n
dams OF tho impending operation against
'he SpanarSls, which had induced HIM to-
cend the Red River, in order to join me,
and voiunicerhis services in the Can,D1;pD Z:
ana that Mr.. Ogden had proceeded Gu his
Journey to New Orleans. Col. CNsh,Do re-
tired tor few minutes; and pending
that interval, Mr.. .SgyQr!Syovt sIpneG
from his side p.ckct letter and packet
or envelope, which he said he was c,Iayg-
ed by Col. Burr to deliver TO me. held
the letter in my hand; and il is forr,al
letter OF introduction cf Mr. Ssyajizyouf bv
Coi. Eur. Mr. N2arfin served tha;
II any letters were produced, they shouId 10.
lodged with the clerk, where both parties
might have an opportunity Of INSPECTING
tAem. ChiefJhst1ce. Not unless they are
read. lhe letter was laid upon the Clerks
table l enquired of MIR. .SwurtgycEt
whefe Coi. Hurr was. lie answered thae
he was in Philadelphia or that he
had left him there. Col. Cushjnr ~
turned, and the conversation took a eene-
raj course. After sanie tine, Mr. !Srcor.-
s'oHf Withdrew; and retired to my cham
Der; and IN the packet or envelope fcund
a letter addressed 10 ne in cypher from
Col Burr. Chicf Ju3ficc. did not I'M
derStand yen. How did yow get th.t LET
ter! A. 1t was in the packet. or erve-
LOPEZ This letter was principally in cv-
pher; the closing paragraph, however. was
IN the ordinary script. rosorted To tho
Key, and attempted an interpret4tlcn Of
the letter | did not COMPLETE il /. hut
discovered enough in the course Of The
evening TO satisfy ne, that there was some
lllclt project on foot | arose early IA the
morning, and called on Col Cnshivo- NV
second in command, ard ad;utaEt and in
sPeCtor TO the army / stated to him that
Mr S7varfT0oUt had borne me le'ter from
Coi D"TF' The nature Of which l ex.
planned and observed TO hJn, NJ,
S7'GrfwoHf's declarations. that he baJ
come "llh view to volunteer his servj.
ces IN the campaign against the SDan;arde.
were merely intcnded to cover il : dei
,iBh. then communicated 20 Cc,opeI
~HS"f"S the me'Su.es Which shcuid
pursue enjolning On him, at the s.raa
.lhe, To observe the strlcteSt sccrcc,
were 1t permissible to be read. be,e is a
,tatement OF the facts sworn TO bv Colonel
cushing. THE G. neral held, at this linz
n his hand, the paper marked A. MI,
iPTL has statement is stoned Nv. C,J
! tS"'HY, with certificate OF his oualjG-
,auon, ~ legal form, annexed. M IJcf-
'aM' An affidavit forming no part of the
.dse before the Court cannot be i,,tro,i,
iuced- Mr. RGy. Gen WLtinson stafcs
nat, on the morn ne after the etfer we
'arty decyphered, ne stated 20 Col. C,,sh-
~ us Contents, and communicated to N
ne measures which he should tn,s.c
hese are lacfs detailed in that ,jenosi,;'
VI and II the gentlemen do not w,sl, 10
&c 'hcM there is an end OF The controvor,v
ne Gtni. proceeded One paragrirh of
NC ie'cr, nave observed, WIS i'm the or
'"afy script. Here the Paragraph Wa
'ddDy zen HfItfa8on, IN the fgliev q
'olNs. " ne - man ufinyirlabie.tonor -
pc'' eC' oi-creuon,--iormcd 20 execute
Ialier than 70 pToject, -capab.e OF ,ti1-
upS 'd''s win bdehty, & Incapable ore.
ia'in8 them otherwise. Hcis thor.nsbo-
y informed OF the plans and jnt,n,;n.eoe
---j aud wlil disclose to vou as an,
you eh1uTed, and no farther H Los
i"Clocd q reverence for cur char. cter-
anu may ne embarrassed your pre-
sc"Cc.----pnt him ~ ease, and he v,ilt g
usiy yon.' determined to avail ,r,,,s.if
t,,iS reference to obtain from Mr S.ieyl-
'DAf 'lat informal Oh which could TT
sCoVer ron inc lcuer: dat IS. the Obi, -
"hic" C"L bHry explicitly dir.o..G5.s
it"' "n9' m TIE course &C ov.r.!F..v
'''dlHeu .icin h.G'. G5s;ast. .v. li.t
WINS 'acis; That be hsd itt. Is. o.
EH''tolphia, cccvp;ed, Gay .!.d.n.,tt
ilt SIS o. aH Cgt.rl.iye. ,.,...t b..