The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-02-02

linking of suspicion. not only from proof,
but from prediction, and in public utter
ances had said: 'Of his guilt there can be
Wilkinson finally arrived from his forty
days in the wilderness. and his presence
occaSioned the last wrangle preliminary to
the trial. II tTanspired that. In pursuance
of the maxim that safety is the supreme
law" he had acted tyrannically, as, in
deed, Aaron Burr might have acted had his
dream been realized and he had been seated
on the throne of the MonteZumas. A mo-
tion was made by the defense that the Gen.
eral. who was posing as Brutus, should
have an attachment issued against him.
In the midst of the argument the grand
jury appeared with unanimous indictments
AGAINST Burr and Rlennerha ssett and IL
was abandoned. 1t may be mentioned as a
Slight indication of the public engrossment
man of this body and among the thronging
spectators were such men as Andrew Jack
son and Winfield Scott
Aug. Burr's trial for treason was moved.
Two weeks were consumed in selecting
jury, and those finally accepted by the de-
Tense were not twelve of the least I'M
never was a trial where life was at stake
where the prisoner was self-composed,
so impersonally intent on professional du-
buoyed by the consciousness OF innocence
his nature was quite equal to the burden
Of guilt-but as q. lawyer he knew beyond
any possibility Of chance that he could
not be convicted.
VARIETIES OF TREASON.
Treason trials have been singularly rare
in this country. And the reason for this,
outside of the national temperament, is
found in the constitutional provision on
the subject. According to Blackstone, there
are ten kinds of treason in Great Britain.
The American law knows but one, and this
consists in levying war against the United
States or in adhering to- its enemies, CIV
ing them aid and comfort. And
such limited treason can only be
proved on the testimony Of two persons
to the same overt act or on confession in
aaron Burr was least likely to an open
confession, however beneficial it might have
oeen Tor his soul, and what was the overt
act that he had committed, and where were
the two persons who could swear to it?
These questions. directly the taking of
Tense. The prosecution claimed that the
transactions which occurred on Blenner-
hassetts island in December, 1906, consti-
tuted levying war against the United States,
and since Burr was the real instigator. he
was liable therefor, whether he was actu-
ally present or not. They asserted, too, the
right OF showing the REASONABLE intentions
which preceded these acts. After an elab-
crate argument on this latter point, in
which each Of the eight counsel had his
say, and ransacked presidents from the
DoomSday Book to the trial of Lady Lsle.
the court decided that such evidence would
only be allowed as referred to the levy
ing of war on Blennerhassett's island.
Whereupon General William Eaton was
called for the prosecution.
General Eaton began as follows: "Con-
corning any overt act, know nothing. Con-
corning the transactions on Blennerhas-
setts island / know nothing; but concern
ing Burr's expressions of treason know
that in the winter of 1855 Burr had fire.
quent confidential conversations with him
wherein he revealed that he was organizing
a military expedition to be moved against
Mexico whenever the war with Spain should
be declared; that, later on, Burr admitted
that its ultimate purpose would be to rev.
them into an Independent empire, with
New Orleans "a the capital and himself as
the king. Burr stated that Wilkinson was
ready to accept the second office, and that
the army. under promise Of double pay,
would surely follow him.
But what will you. do with Miranda?"
the General then asked, referring to a
noted adventurer who mad lately organ
lied an expedition for the freeing Of Vene-
zuela.
"Oh, We'll hang Miranda" Burr had re-
piled.
Eaton further testified that he was so
agitated by the revelations of this plot that
he exclaimed: "I am not prepared to dip
my saber in the blood Of my countrymen,
much less Of their children" and when he
was alone could think of no better remedy
to foreign mission, there being an old
fashioned belief. now unhappily dissipated,
that an envoy can DO no o harm When this
he had heard. and thus had caused much
of the excitement at Washington. Singu-
larly enough, certain claims which he had
against the government were settled at
about the same time.
Commodore Truxton testified that Burr
had approached him in much the same
way, urging him to take command Of the
possible naval force. He, however, main
tanned that nothing was said about a sew
erance of the country, but, on the contrary,
that Burr had claimed that his purpose
would conserve the public veal. Perhaps the
old Commodore's sturdy patriotism made
Burr cautious, for it appeared that in an
swer to some pertinent question he had
said: 'I would most certainly get out of
my bed at u o'clock at night to go in de-
ENGLAND, France, Spain or any other coun-
try." nc
A PECULIAR VERDICT.
Three worthy Ohio gentlemen, father
and two sons named Morgan, were sworn
and testified substantially that, on his way
West Burr had stopped at their country
seat, and had been received with all the
| hospitable honors due his station; that
| there he asserted that the Union could
not endure for more than five years; that
| with two hundred men he could drive the
| President and Congress into the Potomac
and With five hundred take possession OF
| New York.
| town of Cannonsburg with such force,
| SIR, was the unexpected reply, and then
| the conversation had changed to safer
| more general subjects
Jacob Albright swore that he had been
| on Blennerhassett's island at the time the
Virginia forces made their incursion, and
| that there were about thirty recruits pres
| ent; that when Colonel Upper the Virgin
| ian commander, called on them to surren-
| der, some of them leveled their guns. This
| is the sole evidence in the case, not only of
| any resistance. but of any arming.
Dudley Woodbridge testified as to the
purchase of boats and provisions These
| boats were f1at-bottomed and ten feet wide
| by forty feet long, and were propelled
mainly by the current of the river. Burr
| asked this witness as to Blennerhassett' s
| fitness for war. He replied that he couldn't
| tell man from horse at ten steps. and
| that the country people said that he had
| every kind or sense except common sense.
Peter Taylor swore that he had been sent
| by Blennerhassett to warn Burr at Lex
| ington not to come to the island, and that
| Burr was not present at the time of the
| trouble. He related how enthusiastic Ben-
| nerhassett was, and how he said: II tell
| you, Peter, going to take Mexico,
| one of the finest. richest places In the
| whole world. Colonel Burr will be King,
| and when he dies Theodosia Aston will be
Queen" However doubtful one may be as
| to Burrs qualifications for such an exalted
| station, all must agree that his noble
| daughter would have made a monarch Of
| whom any land might have been proud.
| Such. in brief was the evidence regard
| ing an overt act. When the prosecution
| proceeded to bolster it with testimony as