Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1865-06-03
RICHMOND WHIG
SATURDAY MORNING. JUNE 8, 1866.
THE COUNSEL ENGAGED IN THE
TRIAL OF COLONEL BURR.

i Hay, Attorney OF the United States Tor the
| District of Virginia, a man of fair ability,
| but hardly equal to the task imposed upon
him. He was the son-in-law OF Colonel Mon
roe, afterwards President of the United
States,) and a Jealous Democrat of the JEFF
ferson school. He prosecuted the case with
zeal, it is true, but the charge that he dis
played an "intemperate ZEAL" (sometimes
plainly intimated by counsel on the other
side,) does not appear to be justified by the
| reports of the trial.
Mr.. Hay was ably assisted by VIM. Writ,
then thirty-five years of age, and Just rising
| into eminence. No other lawyer in the case,
on either side, so commanded the attention
and won the admiration of the throng Of
spectators who attended the trial as he.-
While his handsome person, graceful man
ners, pleasing wit, and brilliant defamation
| invariably captivated the bystanders, there
| was always solid matter enough in his argu-
ments to attract the heaviest guns Of his ad-
yersaries. 1t is said that be engaged in the
prosecution at the personal request OF Pre-
sident Jefferson.
The prosecution was also assisted by Alex
ander MacRae, 'the son Of Scotch parson,
who was distinguished in the Revolutionary
war first, for being himself a hot Tory I;
and, secondly, for being the father of seven
sons, all of whom were ardent Wings" He
is described by Parton as ga lawyer of re-
spectacle ability and sharp tongue-sharp
| from ill-nature, more than wit. He was
neither pleasing nor powerful in argument.
| At the time of the trial he was Lieutenant
| Governor of Virginia.
On the part Of the defence, the real leader
and principal tactician was Burr himself
| "No step was taken," (says Parton,) "not
| a point conceded, without his express per-
mission. He appeared in court attired with
| scrupulous neatness, in black, with pow
dered hair and queu. His manner was dig
nifty itself-composed polite, confident, i'm
pressiye. He had the cir of a man at per-
| fect peace with himself, and simply intent on
| the business of the scene. 1t was observed
| that be never laughed at the jokes Of coun.
| sci, which, at some stages of the trial, were
| nu merous and good" He never lost his
| temper, and never, under any provocation,
was betrayed into ain offensive personsl re-
tort. He brought forward nearly every mo-
| tion made on his side, and stated the grounds
of it with remarkable brevity and clearness.
| He was equally happy in briefly summing
up, at the close of debate, and presenting
| in perspicuous order the strong points
brought forward in the more elaborate argu-
ments of his counsel. He never, in the whole
course of the trial, INDUCED in an argument
of any considerable length. Deep, abstruse,
metaphysical reasoning was not his forte.-
He left all that to more competent hands.
Edmund Randolph, in point of age, ex-
perience, and position, deserves to be men
| toned first of the counsel who assisted in the
defence. He was digniaed Virginia gentle
man of the old school. He had been men,
ber of the Continental Congress during the
Revolution, Attorney General and Secretary
of State under Washington, and Governor
and Attorney General OF his own State. He
was man OF much learning and fair ability,
but his powers were then rather on the wane.
Second among Burr's counsel should be
ranked John Wickham, of Richmond, in
whom was combined, more than in any one
else engaged in this trial, on either side, all
the elements which constitute the able and
accomplished barrister. He was an English
man by birth, and "had learning, logic, wit,
sarcasm, eloquence, fine presence, and a
persuasive manner"
Next should be mentioned Luther Martin,
of Mary land, "who (says Parton) in the sin
gle particular of legal learning, was the first
lawyer of his day. His memory was as Won
derful as his reading, so that his acquire
ments were at instantaneous command
Burr had become acquainted with him at
Washington, three years before, during the
trial of Judge Chase, in whose defence he
greatly distinguished himself" He was
coarse in his manners, ungrammatical in his
language, verbose, and addicted to repeti
tions in his style, and utterly regardless of
order in the arrangement Of his arguments.
These defects were aggravated by an unfor-
tunate impediment in his speech, arising
from an excessive flow Of saliva. Withal he
was ga mighty drinker," and, though able
to carry an incredible cargo OF brandy, often
exhibited unmistakable signs Of being over
laden. Bennerhassett says of him, in his
journal: "Fancy has been as much denied
10 his mind as grace to his person or habits.
These are gross and incapable of restraint,
even on the most solemn public occasions
Hence his invectives are rather coarse than
pointed, his eulogies more fulsome than pathet-
ic." Nevertheless,h he was great and ndpowerful
man, possessing many excellent qualities OF
the heart, as we'll as all the zeal that the
warmest personal friendship for his client,
and intense political enmity to Jefferson and
his administration, could inspire in his ar
dent and passionate nature.
Benjamin Bolts, father of John Bolts, of
the present generation, was another dis
tinguished lawyer who took prominent part
in conducting the defence. He was the
Youngest of Burr's counsel; ready, bold,
dashing man, who always charged his adver-
sary on the "double- quick" and generally
dealt effective blows, He had great power
of caricaturing the arguments of his oppo-
nent, and exposing them in ludicrous light.
Charles Lee appeared, also, as counsel for
Burr, at an advanced stage of the trial. He
was one of the most distinguished lawyers of
Virginia; had at one time been Attorney
General of the United States, and had been
counsel for Bollman and Swartwout, before
the Supreme Court. He did not take very
active part in the trial, but the few brief ad-
dresses he made to the court were models Of
terse, vigorous, and compact argument.
Last, and least, was ''a certain Jack
Baker," who has been described as ga lame
man, with a crutch a merry fellow, with
plenty of 'horse wit and an infectious laugh;
no speaker, and no lawyer, but the best OF
good fellows" He just took part enough in
the trial to get his name once or twice in the
reports, and thereby save it from oblivion.
it is stated in Blennerhassett's journal that
all these distinguished lawyers rendered their
services gratuitously to Colonel Burr
Mr.. Wickham and Mr.. Bolts made similar
tender of their services to Blennerhassett.
JEFFERSON DAVIS.
special Washington despatch to the
New York Times says;
1t is understood that Mr.. Davis had been
sent for by competent authority, and will be
bronobt here tomorrow or next day. On
ox.rtn ha AZ