The mountain sentinel. [volume] (Ebensburg, Pa.) 1844-1853, 1852-06-03

PaIuSau Vi Durr, Aau IalIeu TO make MS appear
ance, and Daviess was reluctantly compelled to
ask postponement of the case.
Relying, upon the next occasion, less upon
Floyd as his principal witness than upon Gener-
al Adair, Davies made application the 18th
| Of November for a grand jury, which was
| accordingly summoned to attend on the ID of
December following.
Shortly after Burr entered the courtroom, at
tended by his former counsel the district attor-
ney rose, and with evident modification, express
sed himself unable to proceed, in consequence
of the absence of General Adair, whose testimo-
ny was of the first Importance TO the prosecu-
ton. He therefore asked postponement for
few days, and that the grand jury should be
kept together until he could compel the attend
ance of General Adair by attachment.
The counsel of Burr immediately objected to
the delay, and demanded that the business
should proceed at once. After sharp and
! mated debate, the court decided that the case
must be proceeded with or the grand jury dis
charged. In order to obtain the time he requi
| red for the production of his witnesses, Daviess
prepared indictment against General Adair,
which was returned by the jury, endorsed, '.Not
| a true bill" He then moved for an attachment
| against the general, but the motion refused
| by the court. At the suggestion of Daviess the
court then adjourned until the following day.
Finding himself thus far baftled st every step
in his attempt to fasten the charge of criminali-
| ty upon Burr, the prosecuting attorney sought
and obtained private interview with Judge In
mis-, who, in answer to a question from Daviess,
as to whether he would have right, prose-
cutor, TO attend the grand jury in their room,
examine the witnesses, and give such explana-
tions might be found necessary TO connect
and apply their testimony, gave opinion in
| the affirmative.
Fully believing that Innis would sustain in
court the opinion which he had given unofficial
| ly, Daviess determined to proceed with the ex-
animation with such witnesses were present.
Accordingly. the next morning. as soon the
judge had resumed his seat, the prosecuting at
torney asked permission to attend the grand ju-
~ in their room. This request was immediate
ly opposed by the council of Burr, who denied
the right of Daviess to examine the witnesses in
the manner proposed. After some argument,
Judge Innis remarked, that when he himself was
attorney-general for the commonwealth, he had
never claimed or exercised any such privilege.
''Sir!" said Daviess, ''you admitted had the
right to do what now propose"
YES" replied the judge quickly, "but that
was out of court
| True, sir, responded Daviess, ''but this is
the first of nay knowing you had two opinions
upon the subject, ths one private and confden-
tsl the other public and official"
The only reply of Innis TO refuse the re-
quest, and the prosecuting attorney at once
| that his cause was lost 1t was worse than lost
for as the witnesses in the grand jury room tes-
tifed reluctantly, the little that could be CLEAN
ed from them threw light upon the design
charged in the Indictment, and the fifth OF
the month the grand jury came into court and
ignored the bill.
But this was not ALL they presented AT the
same time a written declaration, signed by the
whole of them, in which it was stated that there
had been nothing in the testimony received by
them which in the slightest degree criminateC
the conduct of either Burr or Adair; nor coulC
they, after all their inquiries and investigation
of the subject, find any thing improper inju
rious to the government of the United States de
signed contemplated by either of them.
This triumphant acquittal of Burr strength
f ened his cause wonderfully in Kentucky. l
was celebrated by ball at Frankfort, whcl
was rendered more imposing by the attendanc
of many prominent men.
The friends of Daviess, though fewer in mum
Der, did not fail to sympathize with him in hi
: defeat, and evidence of their belief in tn
truth of the charges he had preferred, got up
similar entertainment in his honor At one Q
these assemblies the editor of the Western Worl
was attacked by some of the friends of Judg
Innis, with the view of expelling him from tn
5 room, but he resisted until he was rescued b
, others.
In justice to Mr.. Clay, it must be stated, tha
before he agreed to act as the counsel of Burr
he demanded of him explicit ayowal, upon hi
, honor, that he was not engaged in any desig
contrary to the laws and peace of the country.
Burr gave the required pledge in the mo:
emphatic manner. He said, .'He had no desie
to intermeddle with or disturb the tranquility {
, the United States, its territories, nor an
part of them. He had neither issued nor sigr
f ed, nor promised a commission to any person
? for any purpose. He did not own a single mus
ket, nor bayonet, nor any single article of mil
tary stores, nor did any other person for hin
/ by his authority or knowledge" He furthe
added that his views were well understood an
l approved by the government, and were such a
of bouo- o,,j e,-o--- r-ood