Virginia Argus

TRIAL

of

Aaron Burr.

Richmond, August 3d, 1807.

On this day the Circuit Court of the United States for the 5th Circuit and District of Virginia was held according to adjournment.

Present the Chief Justice of the United States:--

George Hay, William Wirt and Alexander M'Rae, Esquires, counsel for the prosecution:

The prisoner was brought into court from his apartment near the Swan Tavern, to which he had been removed on Saturday.

Edmund Randolph, John Wickham, Benj. Botts, John Baker and Luther Martin, Esquires, appeared as his counsel.

No less than one hundred and five witnesses to obtain the attendance of whom subpoenas had been issued, (including those who had heretofore been recognized to attend,) were called in behalf of the United States: viz: Thomas Truxtun, Stephen Decatur, Benj. Stoddart, William Eaton, William Duane, Erick Bolman, Peter Taylor, Jacob Allbright, Charles W. Irick, John Graham, Samuel Swartwout, Julien Dupui, Paul Henry Mauct Prevost, Israel Miller, Samuel Scouten, George Morgan, John Morgan, Thomas Morgan, Nicholas Perkins, Robert Steele, Geo. Harris, Cyrus Jones, Thomas Perkins, Elias Glover, Simeon Ford, Dudley Webb, David C. Wallace, Edmund B. Dana, James Reed, John G. Henderson, Alexander Henderson, Hugh Phelps, Jacob Dunbaugh, James Wilkinson, Chandler Linsley, John Mulhollan, James Knox, William Love, David Fisk, Thomas Hartley, Stephen S. Welch, James Kinney, Samuel Moxley, Edward P. Gaines, Ambrose D. Smith, George Peters, Aaron L. Duncan, Lewis Kerr, John A. Fort, Benj. H. Latrobe, Cowles Meade, Thomas Rodney, Geo. Poindexter, William B. Shields, Thomas Fitzpatrick, Thomas Butler, Robert A. New, Thos. T. Davis, Silas Dinsmore, Owen Aston, William Davis, E. Kirby, Theodore Brightwell, John Collier, Dr. Jesse Bennett, Earl Sproat, Robert Wallace, Walter Putnam, John Dand, Alexander Ralston, Mrs. Vanhorn, Henry Jacobs, Kansom Peete, Hamlin Hicks, Phelo Wooster, John Blair, James M'Dowell, Samuel N. Luckett, Stockley D. Hayes, Samuel W. Butler, Walter C. Davidson, John Barry, Thomas H. Cushing, Nathaniel Evans, Jacob Jackson, William Piatt, William White, Jared Brooke, Morgan Neville, Thomas Collins, Mr. Peterson, Lieutenant Swearingen, Mr. Weaver, Col. Osgood, Mat. M. Porter, J. B. Woolbach, Mr. Vanhorn, Dr. Carmichael, Dr. Allison, Con P. Read, John Wilkinson, Stephen Wolverton, David M'Kee, H. H. Allen, and William Davis;—of whom, those whose names are marked with stars in the above list were present.

The venire were then called over, consisting of twelve gentlemen from Wood county, and thirty-six from other counties; viz. Hezekiah Boley, James G. Laidley, James Henderson, James Compton, Hamilton Morrison, Yates S. Connell, Jacob Beeson, William Prince, Nimrod Saunders, Thomas Creel, Anthony Buckner, David Creel, from the county of Wood; John Horace Upshaw, of Essex, William Pope, of Powhatan; Peyton Randolph, William Wardlaw, David Lambert, Overton Anderson, David Bullock, Edward Carrington; and George W. Smith, of the city of Richmond; John Bowe, Lewis Trueheart, John W. Ellis, Thomas Stark, & Wm. White, of Hanover; John Roberts, of Culpeper; Joshua Chaffin, of Amelia; Gervas Storrs; Miles Selden, Thomas H. Prosser, Nathaniel Selden, Esme Smock and William B. Chamberlaine, of Henrico; William Yancey, Pittsylvania; John Staples, Edward C. Stannard, and Dabney Minor, of Albemarle; Richard B. Goode and Robert Hawkins, Chesterfield; Richard E. Parker, Westmoreland; Randolph Harrison, and Jerman Baker, Cumberland; William Hrones, Caroline; Hugh Mercer, Spotsylvania; William R. Fleming, Goochland; Armistead Thompson Mason, Loudoun, and William M'Daniel, Stafford;—all of whom answered, except Edward Carrington and Esme Smock.

Mr. Hay observed that he had not yet been able to furnish Col. Burr with a list of the witnesses and a statement of the places of their residence, as the law requires; & that, as many of those who had been summoned and recognized, had failed to appear, he was not ready to proceed with the trial immediately. He also informed the court that a list of the venire had been delivered on Saturday to Col. Burr, but had since been discovered to be inaccurate. It became therefore necessary (an Act of Congress having directed this to be done at least three days before the trial,) to deliver a correct list on this day; and of course, the trial would be postponed until the requisite time should have elapsed:

Col. Burr said he believed he should have no objection to waiving his privileges with respect to the lists of witnesses and venire men; as he was very anxious to prevent any delay of his trial.

After some desultory conversation, it was agreed that the court should not sit again till the Wednesday following: during which interval Mr. Hay supposed it would be in his power to procure an accurate list of the witnesses; and Col. Burr, that he could obtain as much information, concerning the venire, as he wished.

Col. Burr then moved the court for a writ of subpoena duces tecum to require the President of the United States to produce a certain written communication, made to him by Gen. Eaton, and mentioned in that gentleman's deposition.

Mr. Hay said that no objections would be made to producing that paper; and that he believed he had it in his own possession, and would show it to Col. Burr and his counsel.

However, as he expressed himself with some uncertainty, the subpoena was awarded.

The court then adjourned, to meet again on this day, 3 o'clock.