Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1892-02-26
TRIAL OF AARON BURR.
CHARGED WITH TREASON IN
OLD VIRGINIA..
Vhe Arch Traitor FRO iecutsd by the
Great William Writ AMI Defended
by Luther Martini hief
Justice Marshall.


The 22d Of May. 1907, opened with
an intense excitement in the metropo.
lis OF Virginia writes Walter Drys-
dale in Harpers Magazine. Throngs
pressed into the city from the break
OF day. from all the neighboring re-
gion. Car. iages swept along the street
filled with finely dressed ladies and
gentlemen with powdered wigs and
snowy buckles, whipping in from their
estates in the adjacent country. Upon
the bench with Chief Justice Marshall
sat Cyrus Griffin, the judge of the Dis
trict OF Virginia. Calm. digni6ed, as
competent to try the most important
case which had as yet presented itself
In the American republic as the best
judge who had ever worn English err
mine. Marshall was then in the very
prime of mental and physical vigor.
having only passed his fifty second
birthday.
III John Marshall wa, the great
Judge of the day. Writ on the side of
the prosecution. and Luther Martin.
on the side OF the prisoner, were two
OF the most skillful lawyers. William
Writ was then about thirty five. and
had been associated by Jefferson with
George Hay, the prosecuting attorney,
son-in law of Monroe, as one of the
most expert advocates OF Virginia.
Alexander Mckae the lieutenant-gov-
ernor OF the state acted with them.
HAY was shrewd and alert but scarce
ly equal to tho occasion. McRae was
Keen sarcastic. and indie 'atigable. On
Writ mainly rested the herculcan and
Impossible task of fastening the
charge OF treason upon the prisoner.
Burr led on his own side dressed with
his accustomed scrupulous neatness.
lie brought a cool head. quick sight
and moderately fluent tongue
TO bear adroitly in his own
behalf. Joined with him in
his defence was Edmund Randolph.
an elderly gentleman who had
been leader in the convention for
framing the constitution and after
wards the sue ,essor OF Jefferson as
secretary of state under Washington.
lie was second cousin to John Ran.
dolph OF Roanoke, and had resigned
his secretaryshlp at the capital under
serious suspicious There were also
John Wickham. one of the abest
lawyers in Richmond; Baker. a lame
lawyer who If he depended on a
crutch had full compensation for his
bodily weakness in ready wit a fer
tile brain. and an exhaustless tongue;
and Benjamin Bolts. the father of
John Minor Bolts. man OF uncon.
querable will and fine ability. But
Luther Martin, OF Maryland. was next
to Burr himself the bulwark of the
alleged conspirator. Versatile TN
scrupulous. fond OF vulgar Joke
given to extravagant profaneness, and
never In better condition than when
stimulated by huge draughts OF wine
or brandy. Luther Martin was es-
teemed as one of the best lawyers of
bis time.
Tho principal witnesses against
Burr were General Eaton and General
Wilkinson. The evidence NAV be
summed up in few words. Burr
had been in the habit of talking wildly
about the crazy constitution and the
certainty of the union expiring in
CONFUSION. Among the most intimate
friends. and with others sometimes
when more than usually confidential.
he had not hesitated to speak, with n
military accent of throwing the ad-
at Washington into the
Potomac. The expedition which he
had arranged was meant to seize Span
ish territory, out of which a great Pa
citic empire was to be formed, over
which Burr and Theodosia were to
reign after the Napoleonic manner In
France. Wilkinson was to stand
at thoir right hand, only second
to Aaron Burr His expectation was
strong that affairs in the United States
would so shape themselves that the
western states and territories would
break loose from the union. and Join
their fortunes with the more splendid
Mexican empire. IL was possible in
out his plans that to obtain
the necessary money, New Orleans
might be seized and the bank plum
dered. though this was only dimly
the thick veil in which the
adventurers scheme was necessarily
hidden. No state OF actual war was
shown to have existed in which Burr
was guilty Of any overt act OF treason.
No two witnesses showed. nor did any
one claim that there ever had been
on the part of Burr any overt act OF
treason in the district in which the
trial was taking place.
Nine days were spent in arguing
the inadmissibility OF indirect evil |
lenco. and in settling the point that
4 direct act OF treason must first of
Iii be proved. When the decision of
Judge Marshall was rendered that be-
ore any evidence showing intention
,ould be admitted the fact OF treason
must be shown In some distinct trenson-
lble act the trial was virtually set
led. Seldom has such debate been
heard In England or America as that
yhich began on the goth OF August !