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Sign up freeBerkeley And Jefferson Intelligencer
Martinsburg, Berkeley County, Virginia
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Report from Richmond on October 4 detailing the latest proceedings in Colonel Aaron Burr's trial, including witness examinations by David Fisk, Alexander Henderson, and others, legal arguments on evidence admissibility, and anticipation of testimony from Generals Eaton and Wilkinson.
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Richmond, October 4.
The court have been principally occupied by the examination of evidence. On Wednesday, Mr. Hay read the deposition of David Fisk. Mr. Alexander Henderson was then called on the part of the U. S. to explain the views of the party, when the counsel for the accused made an elaborate effort to exclude such testimony & on the ground that an overt act ought first to be proved, and that such testimony could only be considered as collateral. The Chief Justice overruled the objection on the grounds represented in our last paper. Some conversation then ensued upon the question, how far the evidence about to be adduced (principally consisting of acts and conversations of Blennerhassett) would affect Mr. Burr. The Chief Justice seemed disposed to think that it did not affect him. Mr. Hay contended that when a connection and conspiracy were proved, the act and declarations of one accomplice are good against the rest. The Chief Justice was willing to hear an argument upon the point. Mr. Burr then said that as he understood he was not affected, he would not interfere. The examination of the evidence then proceeded. Mr. Alexander Henderson was examined and partly cross-examined. On Thursday, the cross-examination of Mr. A. Henderson was completed. He was followed by his brother John G. Henderson: Mr. Richard Neale and John Graham, esq. The examination of Mr. Charles Duvall also commenced. On Friday Mr. Duvall's examination was completed. He was followed by Dr. David C. Wallace, his brother Robert Wallace. Mr. Edm. B. Dana and David Gilmore. In the course of these proceedings judge Meigs was called up, sworn and afterwards discharged. Mr. Hay then observed that he had only two witnesses more to produce; gen. Eaton, whose evidence had not been completed on a former examination, and general Wilkinson whom he would introduce, "to-morrow," (Saturday). The chief justice enquired whether he could form any idea of the length of gen. W's evidence. Mr. Hay as far as it relates to us not twenty minutes; but the cross examination may not perhaps, be completed in 20 times 20 minutes. (Enquirer)
The proceedings on the motion to commit are likely to last many days longer. One of col. Burr's counsel, Mr. Botts, it is understood will be compelled by the situation of his family and by his public and professional duties in the district court of Fredericksburgh, now about to commence to leave the defence after the attendance of this day.
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Location
Richmond
Event Date
October 4
Story Details
The court examined evidence in Burr's trial, including depositions and testimonies from multiple witnesses, with debates on admissibility and relevance to the accused; proceedings expected to continue with Generals Eaton and Wilkinson.