The case was called with the usual forms of procedure, when, to the disgust of Old Jim and the auditors generally, Daviess asked a further postponement owing to the absence of an indispensable witness, John Adair. The judge hesitated, Burr had nothing to say, and the spectators manifested signs of democratic protest against being disappointed in their hopes of a forensic entertainment. Burr's lawyers were very willing to treat the populace to a taste of oratory, which, in the guise of legal discussion, might produce remote political effects, for office-seeking was a fine art in the good old days of Jackson and Clay. Colonel Allen arose to insist that the investigation go on or else be abandoned finally and entirely, and to this the judge seemed to assent. Daviess, fearful that the court and the balance of public opinion were against him, felt the difficulty of his position, but determined to summon all his power of argument and persuasion, hoping to turn the tide in his favor. A bold man, ready in debate, sharp at repartee, the leader of his party, the District Attorney was considered a match for any member of the Kentucky bar. The judge, the assembled lawyers, and the waiting audience perceived in the very attitude of Daviess, when he rose to plead for postponement, that he was loaded with a great speech. They were not mistaken. For more than an hour he held the absorbed attention of every listener. He set forth clearly and forcibly the fundamental reasons why the accusation of treason against a prominent citizen should be fully investigated. "Your Honor," said he, in conclusion, "I appear before you and before the people of this State and county, and before the throne of Almighty God; I come in the discharge of an imperative duty, as a servant of the United States, to which I am bound by a sacred oath; I come to lay before you damning evidence that the accused is guilty of treason to his country. Only give me time--grant me another day. I shall produce unwilling witnesses whose testimony will convince even the most prejudiced politician, will persuade even his own deluded followers that Aaron Burr is engaged in machinations to destroy this Federal Union which the men of Lexington and Bunker Hill fought and died to establish. Behold the Brutus who would stab, not a despotic Caesar, but the nourishing bosom of his native country. We have here, in loyal Kentucky, a Lexington, our most populous city. Remember that it was named in commemoration of the first battle of the Revolution. Shall our Lexington be suffered to become a hot-bed of sedition? No, your Honor--a thousand times, no!"