Shout treason : $b the trial of Aaron BurrBeirne, Francis F.
History
Shout treason : $b the trial of Aaron Burr
Beirne, Francis F.
Burr Conspiracy, 1805-1807; Burr, Aaron, 1756-1836 -- Trials, litigation, etc.; Trials (Treason) -- United States
At last, on Monday, August 10, the proceedings got under way. A touch
of novelty was provided by the first appearance in court of Harman
Blennerhassett. He had made the trip from the penitentiary to the
Capitol in fine style, riding in a carriage drawn by a span of horses
and attended by two guards. The crowd outside the courthouse was
smaller than he had anticipated, but he found the spacious courtroom
well filled. Colonel Burr entered soon afterwards and, on catching
sight of Blennerhassett, immediately came to his side, shook him warmly
by the hand and, with a welcoming smile, told him how glad he was to
see him. It was the first time the alleged conspirators had met since
Burr said goodby to his little army at Cole’s Creek in February and
slipped out into the wilderness. That magic smile and handshake were
enough to banish for the moment the resentment Blennerhassett felt over
his treatment.
Now commenced the arduous task of picking twelve good men and true from
among the prospective jurymen who had answered to their names. In view
of the fact that virtually every bit of the most important evidence
against the accused, including all the fantastic rumors, had appeared
in the press and was common knowledge to the reading public, it was
no simple task to find men of intelligence who had not already formed
their opinions.
No sooner had Mr. Buckey, the first venireman called up, been
questioned than the difficulty became apparent. Asked if he had formed
an opinion prior to receiving his subpoena Mr. Buckey replied that he
had. Mr. Hay ventured that if the question were put to this man and
every other man on the panel no jury could ever be selected in the
State of Virginia. If the Court were to adopt that doctrine, he said,
why then it would be the equivalent of acquitting the prisoner for want
of a jury to try him.
Young Botts bristled at this remark of the District Attorney. He asked
for the floor to deplore that in this country and in this case there
had been such a general expression of public sentiment. However, until
the gentlemen for the prosecution had avowed it Mr. Botts professed he
had never doubted that twelve men might be found in Virginia capable of
deciding the question with the strictest impartiality.
Judge Marshall here intervened between counsel to point out that asking
a man whether he had formed an impression about Colonel Burr was too
general. The impression might be so slight that it did not amount to an
opinion of guilt, nor go to the extent of believing he deserved capital
punishment.
Mr. Botts addressed the venireman. “Have you said that Colonel Burr was
guilty of treason?” he asked. “No,” was the reply. “I only declared
that the man who had acted as Colonel Burr was said to have done,
deserved to be hung.” “Did you,” pursued Mr. Botts, “believe that
Colonel Burr was that man?” “I did from what I had heard,” admitted Mr.
Buckey. The gentleman was rejected.
Public-domain text, read in full here on John Shaqi.
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