Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-06-20

lie then DELIVERED his opinion on the molten
tor Subpoena Duccs Tecum for which see
the last and present Argus.
On this day the following witnesses were
called on tile part of the u. S. viz ;-Conmo.
dore Thomas Truxton, Gen. Eaton. Capt. Ste.
phen Decatur, William Duane, Benjamin S,od-
dert. formerly Secretary of the Navy, Major Nj.
cholas Perkins, who arrested Col. Burr. Edw'd
l.. Gaines, Coninandant at Fort Stodiert John
Graham, Secretary of the Orleans Territory, Ser.
jeant Jacob DunbauSh, whose affidavit was be.
fore rejected as not sufficiently certified, Eri-k
Boilman, Samuel Swartwout, Julien Dupeis,re,
James Mi.ier, Samuel Scouten, George Morgan.
John Morgan, Thomas Morgan. Robert Spence,
George Harris, Cyrus Jones, Thomas pe,erkiu,
Simeon Poole, Dudy Woodbridge, Edmund B.
Dana, James Read, Charles Willie, (said 10 be
Col. Curr's private secretary, p. II. NJ. Provost,
John G. Henderson, Hugh Phelps, Alexander
Henderson. David c. Wallace. Ambrose Smith,
Charles Lindsay, I1hn Marshallen, James Knox,
William Love, David Fisk, Thomas Hearty,
Stephen s. WEIGH, James Kinney, Samuel Mox-
ley, A d. Smith. Elias Clover. Peter Taylor
and jacob Albright. Cen Wilkinson. having
just anived in Gown, and being much fatgued,
was not called
Before Doc,. Erick Bollman was sworn, Mr..
Hay informed the court that tina, gentleman had
made a full disclosure TO the government i'm
consequence whereof pardon had been issued
| in his !avor thar he had received il from him
self IN hesltaHng manner, saying " he wished
to consult his friends or counsel concerning il :"
| that he had returned it to him declaring thar he
| would neither accept nor reject it. Mr. Hay
said that, i'll his opinion, Ooa. Bornan, vine.
-ther pardoned or not, was a competent witness !;
but that he would Offer him his pardon in the
presence OF the court Mr.. Hay then rendered
him the instrument OF pardon, signed by the Pre-.
! sident, with the great seal of tine II. S. affixed.
| Dod. Bollman refused TO ACCEPT it; and Mr..
Hay delivered it to the Clerk 10 be kept for his
beneat.
Mr. Martin said that Doef. Boman's reason
| for refusing 10 say, whether ne would accept or
| reject the pardon, was that he might have the
pleasure of rejecting it publicly that he was
| e,}ecsy imocent. and did nor choose to acknow-
ledge that he had done any thing for which a
pardon was necessary.
Dot Bollman sworn as a witness after
which considerable debate ensued. 7ubetber Re
OVgt; 10 be compelled 10 Gnp cgesiicrs Sgbieb
st;ebt eriHuadfs birselfi! and also, whether he
was he considered as pardoned or NOT.
| Mr.. Hay wished the circumstance OF his
! having been pardoned to be noted by the
clerk on the back OF the indictment; but,
after some dispute, it was agreed to send
him up to the grand jury without it.
Mr.. UiLianS, as counsel for DR.. Boil
imam, commended that, whether pardoned
or not, lie vas not bound TO answer questi-
ons which might criSinatc him; s cited ]
| MsNally $50, Q State-Trials S22, 5 State.
Trials 4s9 He insisted also that the par.
don was intellectual, as it had not been ac.
Icepted, anil pleaded. In this he was sup.
ported by Mr.. Martin, who cited BAG
293. z Hawk. c. 81, s SIS, 50, * 65. Mr.
lWilliams also said that, if DR.. Bolimar
Twas to answer a question tending TO crimi.
nate himself, the grand jury might find q
bill of indictment against him upon it that
If bv-stander be sworn, and say any thine
proving his own gnilt, it may. be used a.
gainst him (see 2 Doug. ?. $3.50 He sale
too, the witness was to be his own judge
whether to answer a question, (Which he
! conceived would crininate him,) or not
see / M'Nally 257, 25S.
Nothing conclusive took place, and, after
a variety of desultory conversation, the
court adjourned.