Virginia Argus

Circuit Court

MOTION FOR COMMITMENT

MONDAY, Sept. 21st.

CONTINUATION OF JACOB DUNBAUGH'S EVIDENCE.

Mr. Hay. State what passed between Col. Burr and yourself about your getting people to join him.

Witness. I stopt before with saying that Col. Burr had not spoken to me to engage citizens: But he had spoken to me about soldiers. On the 30th of December, after Col. Burr had obtained Capt. Bissell's consent for me to go with him, I went to Col. Burr where he was encamped about a mile or two below the garrison at Fort Massac on the Indiana side. Col. B. asked me into his cabin (a private room he had) and asked me if I could not get 10 or 12 of the best men in the garrison to go along with him. I asked him how it was to be done. He said, "get them to desert." I told him no. He asked me, if I could not steal out of the garrison, arms, such as muskets, fusees and rifles. I told him, that I would not, if I could, for him or any other man on earth; that I had always been well treated by the officers of the army. I told him, I had a rifle of my own; and he told me to bring it with me, and he would pay me for it. I started then to the garrison, and prepared myself to go; that was, after Col. B. I had obtained liberty of my Captain. The counsel for the accused contended that this kind of testimony was not at all relevant to the subject. After some discussion, the examination proceeded.

At the mouth of Cumberland, Walter Davidson engaged a man by the name of Casey. Q. On what terms? Witness. I do not particularly recollect. Q. How do you know that Davidson was the agent of Col. Burr? Witness. He belonged to the party and told me he was an agent for Col. Burr. The substance of the engagement was: he was to receive 12 1/2 dollars per month for 6 months, clothes and victuals for 6 months, and 100 acres of land, to fight against all opponents. This Mr. Davidson, Pimm, and Andrew Wood, were sent to New-Madrid to enlist more men. The witness here, returned to that point in his narration at which he had been interrupted on his former examination.—When I returned to Fort Massac on the 23rd Dec. I gave Col. Burr's compliments to Captain Bissel: and told him that Col. Burr had sent him a barrel of apples. The next day, 29th, this Mr. Davidson, Plumb, and Andrew Wood, came to the garrison very early in the morning, in a skiff; this was the time when they told me that they were going to enlist more men for Col. Burr. They bought a skiff of me, that was left with me to sell by a Mr. Cudler, a surveyor, their own skiff was afterwards carried off by Col. Burr's party. That evening after sun-down, a barge came down to Fort Massac with 12 men in it. Col. Tyler and Maj. Hill were in it, and I think also Maj. Smith. They went up to Capt. Bissell's quarters, where they staid about 20 minutes; and I then heard Col. Tyler tell the boat's crew to return to where Col. Burr was encamped; with some other instructions that I did not hear. Between 12 & 1 o'clock that night Col. Burr's boats passed by the fort, and landed about one or two miles below the garrison. (Mr. Hay. How many men were then in the garrison? A. 44 men. Q. Was that the usual complement of men? A. No; some of the troops had gone to New Port, and some to other places. Q. Was there any artillery? A. None. Q. How wide is the river at that place? A. About a mile wide.) Next morning Captain Bissell told me to get six men with the clinker boat, to take him down the river a small piece. While the men were getting ready, a Mr. Fort (perhaps his christian name was John) who had been lying there several days, asked me how I would like to go along. I told him I should like it very well, if I could get leave to go. He told me he had been speaking to Captain Bissell—the evening before, and that Captain Bissell had consented to let me go. While the boat was getting ready, Captain Bissell, Colonel Tyler, Major Hill, and I believe Major Smith, came down. Captain Bissell got into his own boat; the rest pushed off in the boat that had been lying there several days and fell down in company with him to where Colonel Burr was encamped. Captain Bissell went into Colonel Burr's boat, and while there, Colonel Burr asked him, to let me go with him. I heard it, because though I was not in the same room, there was a thin partition between us, and I heard him ask Captain Bissell. I did not hear Captain Bissell's answer—Captain Bissell came out, got into his own boat, and after going one or two hundred yards we landed and walked up to the garrison. 30th Dec. while I was in the military store, a man came in, who brought two letters from Colonel Burr. He gave Captain Bissell one, and the other to me. Captain Bissell went out, and after I had done in the store, he called me, took me through the Sally Port to the back of the garrison, and asked me whether Colonel Burr had been speaking to me about a furlough. I told him no. He asked me whether I wanted a furlough to go. I told him with his approbation and advice I would take one. Captain Bissell said, he would not advise me; but if I wanted one for 20 days, he would give me one. He told me, before the 20 days were out, I should see the general. He asked me, if Colonel Burr had told me any secrets, and if he had, that I must keep them to myself. I accepted of Captain Bissell's offer, and he told me to get ready to go with Colonel Burr. I then went and saw Colonel Burr, and the conversation passed about the men and arms which I have already related. That evening (on the 30th Dec.) Captain Bissell sent for me to his quarters, and told me, he was going to advise me, what I was to do: he advised me never to forsake Colonel Burr, that he would do something for me. He told me, that if ever Colonel Burr got on a field of battle never to leave him on the ground. At the same time he made me a present of a silver breast-plate. That evening I went to Captain Bissell's for my furlough. He gave me a furlough, with a letter to General Wilkinson, to be delivered by Colonel Burr. Colonel Burr had then started, and I was to give him the letter as soon as I overtook him. On the 31st December, being the day for muster and inspection, I asked Captain Bissell if I was to show my clothing; I said they were all packed up and on board. He told me I must borrow some for inspection, which I accordingly did, agreeably to his orders. Whilst the men were on parade, I went to his lady's quarters, to take my leave, and on my return, Captain Bissell having brought the men to a ground. He told me, "Dunbaugh, I wish you success, let you go where you will." I wanted to see Dr. Tuttle, before I went. and Captain B. told me, if I had no particular business, I had better go on, and if any one asked me where I was going I was to say, I was only going a few miles down the river, and that I was coming back again. There was one of Colonel Burr's boats with eight hands to take me to him. We overtook Colonel Burr on the 1st January at New-Madrid. I handed him the letter for General Wilkinson, and he broke it open. I told him, the letter was for General Wilkinson. He asked pardon, took me into his cabin, and sealed it up. I asked him, what boat I was to go in, and he said, in his own: as its accommodations were better than in any other. We left New-Madrid about 11 or 12 o'clock that day (1st Jan.) Andrew Wood, remained at New-Madrid, and Pimm and Walter Davidson, who had been sent on to enlist men, got on board the boats; and Mr. Hopkins was left in their places to enlist. After we got into the stream, a keel boat came along side; and took Colonel Burr into another boat some hundred yards off. I saw him on the bow of that boat giving some instructions, but I could not hear him. Major Floyd had charge of this keel-boat and crew; and I understood they were instructed to be at Natchez in 4 days. When we got within 45 miles of the Chickasaw Bluffs, Colonel Burr asked me if I would go a-head with him to C. Bluffs. in a small boat, as I was acquainted with the river. I told him, I would. We got into a small boat with 12 more men, and he gave general orders to the other boats to follow on so as to reach the Bluffs early next morning. We got there between 12 and 1 o'clock that night 3rd Jan.) After we landed, Colonel Burr told me, I must go up to the garrison, and ask the commanding officer, if he could not get quarters, that night for himself and men. When I arrived at the garrison, I was conducted to Lieut. Jackson's quarters. He returned his compliments, and said he would furnish them with lodgings. Col. Burr went up with some of his men and supped. The next morning Col. Burr asked me, if I was acquainted with the men in the garrison. I told him, I was. He asked me, if I could not get 10 or 12 of the best men to desert. I told him. I would not. He then said, he would speak to them himself, and get two of the best men, and asked me to name them; which I did. (Upon being interrogated, the witness said there were nineteen men in the fort; few pieces of cannon; and the river about as wide as at Ft. Massac.) Sometime in the afternoon, I asked Col. Burr if he had got the men to go with him. He said he had. Sometime that evening he told me that Lieut Jackson and the other men would follow in a few days. That day Colonel B. employed a man, one Skinner, to run him some musket balls. He run him 600; for which Colonel Burr paid him one dollar. He bought 3 dozen Tomahawks out of the factory, which Colonel B. distributed among his men: some he had helved. That day all the boats landed at the Bluff, and on the 5th they all started, except a small boat left for Colonel Burr. He soon overtook us, and got into his own boat. No one came from the garrison with him. We proceeded to a place, called Palmyra 35 miles above Bayou Pierre, on the 10th Jan. Col. Burr again asked me, if I would go down to Bayou Pierre with him. Mr. Wickham asked the Court, whether the witness should proceed. How was this kind of testimony calculated to prove the overt act? How was it relevant to the charge? Was it not better for gentlemen to extract whatever they deemed material out of the witness by putting interrogatories?—Mr. Wirt. The witness was just coming to certain declarations of the accused, which directly related to the objects of this expedition. When he has arrived at Bayou Pierre and is about to tell something that is important, he is stopt. Chief Justice wished the attorney to put in Mr. Hay. Did you ever get out of Col. Burr's boat to go into another? A. Never, except at Chickasaw Bluffs and Bayou Pierre, when I went with Col. Burr at his particular request. Q Did you go ashore at Judge Bruin's? and state what happened there.—The counsel for the accused objected to this general interrogatory. Chief Justice. Ask him whether any thing happened here respecting this expedition.). Mr. Hay. Perhaps the witness may omit facts, because he deems them unimportant, which I may consider extremely relevant. Did any thing happen at Judge Bruin's respecting a publication? and state what it was. Witness. On Sunday the 11th January, while we were 3 or 400 yards from the shore, Col. Burr told me to arm myself with a rifle and conceal a bayonet under my clothes. He told me he was going to tell me something I must never relate again. He then told me that Gen. Wilkinson had betrayed him; that he had played the devil with him and had proved the greatest traitor on the earth. I told him I could not believe it and asked him how he knew it: He said he had seen published in a paper a letter, which he had some time before written to General Wilkinson in cyphers. He mentioned that Gen. Wilkinson had made oath to this letter before the court or in open court, I do not recollect which : He then told me he was fearful of being injured or taken : that I must keep a good look out about Judge Bruin's. Col. Burr went into Judge Bruin's to Breakfast : and I went into the Cotton Gin that was near the house. A boat came : and he told me to take a spy-glass and see whether it was his boat. I could not determine : He then directed me to go down, and if it was his boat to fire a musket. Q. Where is Judge Bruin's? A. About a mile and a quarter below Bayou Pierre. Mr. Wirt. Where did he say he had seen the paper? A. The paper had been handed by Judge Bruin to Col. Burr the evening before. Q. What was the conversation at Judge Bruin's? A. Col. Burr asked him, if he had any papers: he handed him this paper: and after reading 15 or 20 minutes, he rose up and said he must go to the boats.—Mr. Hay. Did the troops from the boats land there? A. Yes. Q. With what view did the men go ashore below the mouth of Bayou Pierre? A. They landed about two or three miles below, in the Louisiana territory.—The opposite counsel objected to these questions; but were overruled by the court Mr. Hay. State what happened at the landing of the men. Witness. Some days after the men landed (they all landed) Col. Burr ordered ground to be cleared for a parade ground, for the purpose of exercising the men; but I never saw the ground myself, nor the men exercising. Some of the men however are here; Dr. Munhoiland is one of those men who assisted clearing off the ground. There was a guard of 12 men paraded at this place. Willie for one had a rifle and sword. Mr. Wirt. Were there any Indians at that place? A. None. Q. What produced this guard? A. They understood that the militia were coming to take Col. Burr ; and these 12 men were placed to alarm the boats. Q. Was this before or after sinking the muskets? A. It was before. The witness, upon being further interrogated, deposed, that a Mr. Lemaster had taken potatoes out of a hhd. then in Mr. Blannerhassett's boat, barrel of potatoes, with which he said he was going to fill the box of arms, so as to make it appear like a box of potatoes; that he was asked in the presence of Col. Burr to go & help to clear the ground; that Col. Fitzpatrick came to take an inventory of all the goods and arms that he could see; but that he did not see Col. F. Search or the arms. Mr. Burr. Where was I all this time? A. I know not; but I saw you handing two or three muskets out of the cabin window of your own boat into Mr. Blannerhassett's boat. The witness further stated, that the arms which were sunk were sunk between Petit Gulph and Coles's Creek; that Col Burr was looked upon as the Commander in chief of the expedition; that in the night his boat was distinguished by two lanterns, placed one above another, whereas the rest had but one; and that in the daytime handkerchiefs were hoisted in some of the boats by way of flag. Cross-Examined. Mr. Burr. You say your furlough was for twenty days? A. It was. Q After the expiration of this furlough, were you not advertised as a deserter? A. I was. Q. Were you taken up? A. I was not. Q. When you got to Baton Rouge, did you write to Gen. Wilkinson? A. I did. Q. What did you write? A. That my furlough had been taken from me; and that if he would send me a furlough or a pardon, I would come on in three days. Q. Did you promise to give any information against me? A. I did not. Mr. Wirt observed, that he was authorised by General Wilkinson to say, that he had the original furlough given by Capt. Bissell. Mr. Martin. Did he send you a pardon? A. General Wilkinson wrote to me to come down. Q. Have you that letter ? A. No. It was taken from me at Baton Rouge. Governor Folk has it at this moment. Q. Did you write to Captain Bissell? A. I did. I mentioned to Captain Bissell, that as both of us might be injured by this transaction, if he would say that he had sent me as a spy, it would clear both him and myself. Q. When were you discharged from the army ? A. I was not discharged in 1805, when I travelled with you. Q Why were you discharged? show your hand to the court. There is my hand (one of the fingers appeared to have been injured) I can show my discharge. I procured a substitute; and many have liberty to procure them Mr. Hay. Hand me the discharge; the witness accordingly presented it. Q. Did you come round with General Wilkinson? A. I did. Q. Were you subpoenaed ? A. I did not know I was. Q. Who requested you to come round from New Orleans? A. I came by request of General Wilkinson. Q. Did he say for what ? A. He said as a witness. Q You gave a deposition in New Orleans? A Yes Q. At whose request? A At General Wil. kinson's. Q When I came down the Mississippi in 1805, by whose orders did I have the men? A I thought, by General Wilkinson's. Q Had they arms? A I think not. Q Had they colors? A They had, They were flying every day. Q Did you not tell me, you expected your discharge f A Yes. Q Do you not know that the soldiers at Chickasaw Bluffs wanted to go with me: and I refused them ? A I recollect that you wanted me to get them to go, but I refused. Q Did you not tell me that some of them wanted to go? A I mentioned one or two Q Did any go? A No. Q Why A You told me that the lieutenant and all would follow in a few days. Mr. Wirt. This previous voyage you took the year before; were they not troops of the United States? A They were. Q These soldiers; were they going where their company was? A The whole company were going to New Orleans and this barge with ten men, was sent on a-head: Q And this flag belonged to them? A It did. Mr. Wickham Were they regimental colors? A They were colors made for the barge. Chief Justice. Did you tell Captain Bissell, that Colonel Burr had applied to you to get the men to desert ? A I did not. Mr. Wirt. Did you not reject the proposition? A I did. At the request of the Chief Justice the witness here described the particular manner in which the arms were sunk. He said that they were so deep in the water. as to prevent the boat from going within fifty yards of the shore. He also related his visit to Judge Bruin's, where Colonel Burr got the newspaper: He also stated at the request of the court the contents of his letter to General Wilkinson ; that if he would send him the furlough which lieutenant Roney had taken from him or a pardon, that he would be there in three days. General Wilkinson informed him, that he had behaved very wrong in leaving the man he was going down with ; but if he would come down, he should not be molested. Mr. Wirt. Where did the party break up? A A few miles below Coles's Creek. Q How far is Coles's Creek from Bayou Pierre? A About 25 miles. Q When was it, that this parting speech was made at Coles's Creek ? A About 6th or 7th of February.