The times. [volume] (Richmond, Va.) 1890-1903, 1897-08-04


,nissablc Thercupon the case was SUD
mitted 10 the jury without argument
and they in few minutes returned inc
following verdict: I'VE Of the jury -
that Aaron Burr IL not proven y"
guilty under the Indictment oy any "
dencc submitted to us we therefore ilho
him not guilty" For the secono ''ino
Col. Burr lost his SELF possession .nc
first time being when he made NOUN
for bail on the shallow ground 'hat 'he
indictment for treason against him had
been obtained by perjury lie protested
vohemently against the WORDING OF me
verdict but the jury refused 10 chahse
IL. and so IT was accepted.
Mr. Henry said that. though giving
great discomfort 10 Mr.. JEFFERSON ana
others Marshalrs decision Is now ac-
knowledged 10 have been right and prop
or. and IL has had the effect OF preventing
I'm this country tho disgraceful prosecu-
tions for treason which so blot the pages
OF English history
continuing" said the speaker. tho
Indictment for raising an expedition
against Mexico was next tried. but the
prosecution broke down. as they coulo
not prove any act OF Burr's within the
District OF Virginia. The famous politic-
IAN" said he forfeited his bond which
was required OF him 20 insure his pres
ence before the Federal Court OF ONO IN
which state he had made preparations for
| his expedition. and in disguise sailed for
| England
In conclusion. tho speaker said:
Lack Of time forblds me 20 further
trace his wrctched career, and 10 follow
/ the future Of the able counsel who made
iHustrious his trial. one pathetic Incl
dent I will mention as 10 Burrs last
DAVIS. In his last sickness friend anus
| cd him bv reading from Tristram shandy.
and among other passages the lncluthl OF
| Uncle Toby and the fly IN Whlch the
kind-heartod old gentleman, instead OF
/ killing the fly that annoyed him. put u
| ont Of tho window. saying: GO poor
devil. this world is large enough for both
| You and me- Whereupon Burr said: III
/ had read Sterne more and Noitaife
! less. I should have known that the Worio
was wide enough for Hamilton and me.
ANOTHER INDICTMENT.
ON racing this celebrated trial. my
| thoughts have reverted 10 another IN
dicfmont Tor treason within my memory,
/ found I'm the Federal Court al llo.'Ino,'u.
| March 9th 1865. against a man great!y
/ sllperior i'm intellect to Burr, and immeas-
urablv above him I'm moral character.
/ refer TO the Indictment OF jefferson
! Davis. the President Of the conquered
! Southern Confcderacy. under the dlctatlon
| Of the infamous Underwood. 10y grand
| Jury composed OF free negroes, carpet
| baggers and scalliwags. the first class
! intensely ignorant, the others. Vermin
! generated by the fcstcrcd wounds IN
| Oicted by the civil war on the body
| polite In looking over the panel OF TINS
| Jury. ] recognize but two names that
| / have heard Of hefOre-one the renegade
| Virginian. George Rye, and the other
/ the colored barber. LomaX l.. Smith, VINO
SO long kept a shop under the Exchange
| Hotel. lie doubtless was ;he most re-
/ spcctable member Of the jury. What a
/ contrast with the jury which indicted
! Burt on December 5th. 1868 Mr..
| Davis appeared in court. haggard ana
| worn by his long and cruel confinement
AT Fortress Monroe from which he had
/ not recovered after he had been allowed
! bail. Chief Justice Chase. an able and
pure judge. who had studied his profess
! sion in the office of William Writ pre-
/ sided over the court. Al his side IN inc
I place of the pure and learned Cyrus Crit
| fn sat hat paragon Of ignorance ana
| corruption John c. Underwood. Two OF
| the most accomplished lawyers that ever
/ graced the American bar. Robert Ould
| defence. while r. II. Dana and Il. H.
! Wells appeared for the prosecution.
Mr. Jefferson. after whom Mr.. Davis
was named had long been in the grave.
| but his influence on American institutions
/ was still powerful. and was all on the
/ side Of the accused. for III the right or
revolution. embodied by him IN the Decla-
| ration Of Independence. as the very foun-
/ dalton Of Americas right TO separate
| government. was allowed. or the Federal
system was a compact between sovcr-
! eien States. as he taught then Mr.. Davis
! was not citizen owing allegiance 90 the
United States government after the SCI
cossion of the Southern States when the
! war had been levied. and II not a citizen
! owing allegiance 90 The United States
he could not commit treason against IT,
| ON the motion to quash the Indictment,
the Chief Justice voted I'm the affirmative
! while Underwood voted in the negative
| Thereupon the question was certified 10
! the Supreme Court Of the United States;
! and n ever decided by that court no GER
! Hncate Of the fact has ever reached the
lower court. But on February u. 1862
! the suroties on the bail bond were absolv-
! ed and the prosecution dropped
After the reading Of Mr.. Hcnry's adj
| dress the secretary read letter from tho
! Hon. James c. Carter. Of New York. who
| is IN honorary member Of the AssOcia-
| ton expressing his regret that absence
! from the United States prevented his at
| tending tho session Of the association.
ANNUAL REPORTS.
The reports Of the secretary and treas
| urcr showed the association to be in first
| class financial condition, as the attend
| ancc proves the interest of the members
| iu it's cacefon 10 he Increasing.
The various standing committees re-
| ported I'm regular order. and at the con-
| olusion of the regular order Of business,
| tho association. at ! 20 T. NJ. took a re-
| cess until $50 this evening. Hon. W. =.
NrcRca at the evening session read paper
ON Legislation Since the Code
MR.. MRAE'S USEFUL PAPER.
In opening his paper Mr.. McRae made
/ ,he following beautiful reference 10 th'
late Judge +. c. Burks:
"The task TO which you have invited
me is congenial and pleasant. and ye
| il IS not without a feeling Of sadness
! that l come TO its fulhlment | am in
| debted for the suggestion OF my them'
! 10 one who is not here 10 see in Wha
| manner l have carried out his counsel.
| our loved and honorcd friend, the lat'
/ Judge Edward c. Burks, with that kind
| y interest which he ever felt i'm the
! announcement and assistance or MS
| professional brethren, brought 10 m,
| attention the Importance OF the sublec
| which / have selected Had he lived,
! know I should have found in him a keen
| NOT fr1u1oout critic In fhi