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

explain lay the production OF his papers. Fl
his were not the cafe, the G. ]. would not
know whether to helieve'h him.
| MIR. Hey fuEeelted an alteration in the form
OF intrusion that any paper might be exhi
h'tec, WHICH came from the perfon accufed or
Ply any other pt,iou, proved to be the accom-
p''ce at the acouiSJ, that formed A part or
was explanatory OF the nar,ative.-.The Chief
Jult'ce wiied TO iend iome fpecifc inftrutton
TO the G. Jury &c prevent the dsisy which
would arlie from the coming into court, when
they had particular paper before them, on
winch they would demand the inftructon Of
the conrt.--Mr. Pay commended fer the altera-
ton which he had iuggefted he quoted an
Enghth cafe to ihew, that when man wa.
tirt proved to b~ connected with others, what
was then in proof againit the others, was alto
good againit him. He quoted the cafe of the
Corresponding London Society to the E. me ef-
feet
Here long, and defultory argument was
continued upon the form of initrut,ion. The
argument principally Turned upon two points ;
| III: how far the papers of thofe perfors that
were faid TO be connected with Mr. p. could
be introduced TO fiji up the narrative of the
witneis: and 81 whether it was proper form
ally TO declare III the .r,itten uftruction to the
Jury, whether papers were only to be intro
1uced to iupport The credit of the witnefs.--The
form was at length competed by the G. J. AID
tranimit'ed to the G. ]. by the marlhaI. It's
contents were not read to the court, and az il
is now in the poiiefian of the C. ]. i, is itnpof-
iiblc For us to preient correct Transcript OF its
contents
| Mr.. Hay at length addretled the court
The Grand Jury have fent for DR.. holman
and they vii! want him to decyphrr, if he
can, the cyphered letter which, hold in my
hand. his was the letter, partly in German
and partly in CIPHER, and addreiied to fome
perton in N. Orleans, which we have already
mentoned) Mr.. Willie, One reputed f:cre-
tary OF Mr.. Burr) will prove the identity of
the paper and DIR. Bollman will interpret it.
Call Mr.. Willie into court.
| After a comfortable time, Mr.. Willie an.
peared in court, when MIR. Hay proceeded-
This is the paper, iir, which I fha!l diiannex
from the affidavit accompanying it, and with
1t to be tranimtted to the @. Tury-It is ad-
dretied, underfand, TO DR.. Bollman under
fictitious name and it is all in the hand wri-
ting of Mr.. Willie. ct is proper to remark,
that in thefe obfervatons Mr.. H. alluded to
the annexed paper, which was an affidavit of
Willie's, and was faid to relate to theie crcum-
| ftances.)-
Mr.. Bolts objected to its being fent up to
the G. j.. He underttood that no paper was
to be laid before them, which was not material
to the cauie, whether it could or could not be
authenticated. Let the gentlemen then, eX-
PLAN the contents and materiality Of that paper
M Hay. a hard proportion indeed when
1t is partly written in cyphers and partly in
German.--I deem it material, however, becau[r
] underftand that il was either dictated by the
accuied, or frft written and afterwards copied
by his iecretary: and that it is addrcffcd TO
J Henry Wilboun, alias Erick BoIlrs 4n.-Mr
! NTt. ! underRand, that any paper may be
/ {rut IN he inf n
been tranfmitted to the Jury.--Mr Barr. The
paper is before the court. 1t is now in the
potiefiion of the court and it is not 10 be fent
up to the G, J. hut under the judgment Of the
court: OF courie the judgment of the court
ihould be fatsfed with the materiaity of this
paper.-Mr. Hay, The accufed is miftaken in
point of fact The paper is now in my pof-
fefion.-Mr. Niekbam. Why was it offered to
the court, If IT was not to be put into their
pofiriion? But if it was not in their poiit ii.
on; it il is merely brought into court, that il
may be TENT TO the C. ]. any paper may be
conveyed TO them through the fame procefs.
Mr.. Hay aferts that it is addrened 10 Z. Boil
man. But is not the pof-ofiic mark on it
Was it not obtaRed By an act of felony?
Mr.. Hay, There is no P. Office mark on
it. MIR. II. then expatated at comfortable
length on the point: He deped that the paper
was in the polIeiIion of the court, and alerted
his right to fend up any paper to the Jury, uu-
der the direction which they had already re-
ceIved. Mr.. UTekbam. ! with to know, whe.
Their he offers it to the court Mr.. Hay. No.
i - Mr.. w How then can any notice be taken
oft How can he fend it up? BY the Mar
ihAi He is the officer of this court. BY Mr..
| Willie! He is only d witnefs If the paper
goes up at all, it is under the fanftion of the
court, If living witneis goes up, it is becaufe
he is preiumed to be 4 relevant wtneis. But
: 1t 1t be paper, how can It's relevancy be ef.
tabihed, until it's contents and materiality are
known Mr.. NIrf. May not the difficulty
! be removed by the courts inclofing il in ano-
! ther paper, with an endorsement that il is fent
up under the lat infru6tions? BY thofe in
fruei0ns they will judge; and unefs it IL
flown to come from a. +. or under his autho-
rity, they will of courle reject it.
Some ingenious fParriugs between Meffrs.
Wlckham and Writ, amuied the audience for
a moment, when Mr.. Bolts objected to the
tranfmlliion of the paper. 1t was either i'm
inaieral or it was not. lift was immaterial,
why embarrais the Grand Jury with it ? But
! n II contained pertinent matter, it was certain
/ tainIy wicked matter: In which Mr.. Willie
may be himieif concerned. IF he be fent to
! the @. j. with this paper, what would he
! fay about It ! Would the court with hin; to
! fay any thing which might crimirate himfelf ,
( We have right, fad Mr. B. to fec this paper.
Perhaps we iha.l hud that it has been ilched
/ from the p. Office, contrary 70 the 9th amend
ment OF the Contribution, which protect every
mars papers from UNREASONABLE iearches and