Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-09-26


odds. He would fix il without. This was
on the 27th, anil on the 2Stli, called OIL Col
Burr and told him was going TO Fort Mas
sac. He sent his compliments Capt. Bis
sci, but said lac expected he would yet there |
before me. l told him, that he might man
his barge rs well rs he could, l wCuid ar
rive theic before him. l arrived at the
garrison some time in the afternoon.
Mr.. Hot!s. There you may stop. Ii is
impossible TO progress without running in
10 some improperly, unless we ascertain
the limits within winch the witnesses are
70 be confined. Mir. hay observed that he
did not mean 20 prove ANY acts at Fort Mas
isac.--After some conversation the exdmi-
nation proceeded MIR hay. Did YOU Sc,
any military parade A. | saw the met.
drawn up attne mouth of Cumher!aud g
How many men A. did not count them
but snopose therc were about one hun
dred. Q. What kind OF men? a. Gene
rally youhg meut-nir. Elrt. Did they
look like hard laborcrs? n. The prncipa;
part did not. .. How drawn up? were
they drawn up III Il line a. no. They
were drawn UP III three wings .. What
do you mean by three wings! Divisions
! Tie WtfnrSS here described their position,
| by drawing a iigure on tho floor with his
foot. They described three sides OF Il SC nare.
Col. Burr was introduced by Col. Tyler,
beginning at the left. the party gradual
" iell IN and formed 4 circle. Mar. Hay.
How introduced a. He went around and
shook hands with every man. MI. Hay.
! did you not sec some chests OF arms /! Mr.
Carr objected 10 THIS manner OF putting the
Question. Mr.. EGy admitted that nc had
ifa; the question intdt crtentiy; he merely
visited MIR. Dunbaash to sia,e what he
KNOWS Ct the chess Of arms. Mr.. BOtfS.
state what you know of any chests OF arms
wlth'n tie United States. HIfneS$ did
not S'e more tnan Il few rifles ut the mouth
Ipt Cumberland -Mr. Hay. | think the
court yesterday decided, that we were at
liberty to state any circumstances out &:
the United States which were explanatory
d the acts done within the United States.
On this top.c long and desultory discus
son ersued. The Oh ct Justice at tenGth
decided, that if an overt act De laid at lhs
mouth of Cumberland river; il Il military
lasscmb!agc was SAID IL ne Mere assembled
'hat evidence beyond the limits otine states
lmight be produced TO shcw the mi itary at
titude of the party that with respect 10
FMS particular question, if the wnneSses
could SHOW that no other arms were l.,i, ON
BOARD, q II certain arms were put on board,
and II certain arms were OF board alta Ger
tam place, 1t was some presumption tina;
these arms had been at the mouth Of Cum
lbcrand river; and that he understood il;
was the intention of the prosecution to show
that this party were in such Il state 1T such
a place, that they might he able to int,
that the party were in a sim lar tate at Tie
mouth of Cumberland. III THIS point of view,
he conceived Ihat such evidence was adj
missile.
Mr.. Ray. State then, Mr.. Dunbaurh,
what you know on this subject. Did YOU
leave Fort Massac tn Col. Burr? A. I
overlook him at New Madrit. OH the first
of january. Q. Did you then 60 down the
river with him? A. Yes, in his own boat.
Mr.. Wic&lam repeated his objections 10
tins klnd of evidence. How was the witness
to know, whether arms might not have been
: subsequently put on boa d the boats? He
was NIT always in Col. Burr's boat; nor
was Col. Burr's boat with the rest. Can
{. this be good testimony 3 Chief Ju8tiee
, lhe attorney Is 70 shew that herea after
: lie is to shew, TIT there was no connecti-
on between she boats and the shore. Mr.
, Wickham But suppose that he has no tes-
tlmony 10 that effect Chief Justice. XVhe-
Their arms were subsequently introduced, is
mere matter of inference, dependent ON
the whole ot the evidence on both sides. II
depends OH variety of circumstances, such
I as the situation of the shore and the coun.
+, try, &c.--Mr. Hay. State then, MIR. Dun
iaoSa, what you know about the arms on
hoard the boats. Witness. Sometime in
January, we left Bayou Pierre, and descen-
ded 70 Petit Gu!ph, three miles below on
the opposite side. Col Burr went ashore
and returned, to the Petit Gulph. The
boa'S al! showed off at once Col. Burr's
was rather behind. The night we left Pc
TIT Gnlph, Col. Burr and Wyllie came into
the bow OF the boat with IN axe, auger and
saw. They went into Col. Burr's private
room and began to chop. He ordered no
person to so OUT, but | did 20 out. [ saw
Sklh ying aside of Col, Burr's boat. At
ter they had done chopping, n Mr.. Pryor
and Mr.. Tooiy got out OF the window. ]
got on the top ofthc boat, and saw two bun
dies of arms ticd up with cords, and sunk
by cords going through holes at the e,,n-
] wales of Col. Burr's boat. | observed 10
MIR. Pryor, that he must be careful 70 bring
up the boat, or else it could not get close to
shore.
Mr.. Hay. How many arms were there ?
A. There were about 40 or IS stands. I
saw besides pistols, swords, blunderl3usses.
iusees and tomahawks MIR. MIR. Is not
the coast opposite to New Madrid part of
Tennessee a. No; it is the Indiana Ter
ritory. q. Were you on board any of the
other boats A. Several. o. Did thev
keep together. A. They did, when they
could. q Did you see arms in the other
bo1fs A 4 saw eSyprn1 ss1pJe Sc $780,