Alexandria Daily Advertiser

Alexandria Daily Advertiser

FRIDAY, OCTOBER 23.

TRIAL OF COL. BURR.

LATEST PROCEEDINGS.

Thursday was wholly occupied by Mr. Wickham.

Friday was wholly occupied by Mr. McRae.

On Saturday, a Mr. Power from New Orleans (who turned out to be a subject of the King of Spain) was introduced by Col. Burr as a witness; by whom, (as he asserted) he intended to authenticate certain papers, and to prove that General Wilkinson was in the habit of receiving money from the Spanish government. The avowed object of establishing this charge against the general was to impeach his credibility by contradicting some parts of his testimony, and to show that his motive for defeating the project of Burr was not patriotism, but to prevent an invasion of the territories of the King in whose pay he was himself.

The Chief Justice decided that the evidence was admissible, and that Mr. Power should be examined. He was therefore sworn, and questioned as to what he knew concerning certain correspondence between the Baron de Carondelet and Gen. Wilkinson.

Mr. Power addressed the court with respect but firmness, and declared that, being a subject of the king of Spain, he could not, without violating his duty and honor, give an account of any political transactions which the service of the king his master required to be concealed. He stated that he had come hither from New Orleans with great reluctance, an agent of Col. Burr who served a subpoena upon him, having threatened him with imprisonment in case he refused; but he hoped the court would not compel him to give the evidence which had been demanded.

The counsel for Col. Burr insisted that, whether he was a Spanish subject or not, he was now within the power of the court, and ought to be compelled to disclose whatever he knew.

The Chief Justice decided in their favor, and required the witness to proceed with his testimony.

Mr. Power, however, resolutely refused. Time was therefore allowed until 5 o'clock to consider whether he would obey the Judge or not. At that hour he came again into court; but, (Mr. Wirt being then engaged in speaking) no notice was taken of his appearance.

Mr. Wirt began his discourse between 12 and 1 o'clock, but had not finished when the hour of adjournment arrived. His speech, so far as he progressed, shone with his usual fire of eloquence, and was peculiarly luminous in argument.

The court adjourned till Monday, ten o'clock.

Monday, October 19, Twelve o'clock

Nearly the whole of this day was occupied by Mr. Wirt, who concluded his able speech about two o'clock, after which Mr. Power and Mr. Swartwout were again, called and examined. The evidence and arguments of counsel having been concluded, the court adjourned till this day (Tuesday) eleven o'clock, when it is understood the final opinion of the Chief Justice will be delivered.

Twelve o'clock

The court has just delivered a long and elaborate opinion, in which it determines, that "it would be improper to commit the accused on the charge of treason."

The conclusion of the opinion is as follows: " I shall commit Aaron Burr and Herman Blannerhassett for preparing and providing the means for a military expedition against the territories of a foreign prince with whom the U. S. were at peace. If those whose province and duty it is to prosecute offenders against the laws of the U. States shall be of opinion that a crime of a deeper dye has been committed, it is not their choice to act in conformity with that opinion - Israel Smith is not proved to have provided or prepared any means whatever and therefore I shall not commit him. If he has really offended against the laws, he may be prosecuted for the treason in Kentucky, or for the misdemeanor in his own state, where, if anywhere, his offense has been committed."

Mr. Hay moved to have A. B. and H. B. committed for trial in the District of Ohio.