“Burr misread Daviess if he believed such tactics would intimidate or embarrass him. He arose and in turn—and I believe for the first time in the discharge of his duties—seemed to talk to the benches; and the court perceiving it, moved his seat from the jury box to the bench—but Daviess continuing to face the audience, made a Federalist speech in support of the Union and the constitution and revealed at some length the conspiracy of Burr and his followers. What he said pleased me greatly and was not without effect upon the audience, though the majority were Democrats and in sympathy with Burr. He announced: ‘I am ready to proceed as soon as the attendance of the government’s witnesses can be procured.’ The Court asked him to fix a day and conferring with the United States marshal he named the following Wednesday, which, proving satisfactory to Colonel Burr, was named for the hearing. “Burr, until Wednesday, appeared to pass the time in easy tranquillity. On Wednesday, the court room was filled to suffocation. Mr. Daviess, calling his witnesses, discovered that Davis Floyd, the most important one, was absent; but Judge Innes, who, all the while, has shown partiality for the accused, discharged the grand jury. “Colonel Burr, accompanied by his counsel, Henry Clay and Col. Allen, came forward, expressed regret that the grand jury had been discharged and asked the reason. “(Daviess) ‘The Government’s witness, Davis Floyd, is a member of the Indiana Territorial Legislature and as it is in session he cannot attend.’ “(Burr) ‘Will the Court have noted of record the reason for postponement.’ Then bowing to the Court, he addressed the audience upon the subject of the accusation and with such power, fervor and air of injured innocence, that the majority present looked upon Daviess as a persecutor for political reasons. Burr said: ‘I assure you good people of Kentucky of my innocence and beg you will dismiss your apprehension of danger from me, if such you have. I am a man of peace and feel hurt that your able district attorney is striving so zealously to connect me with schemes and rumors of war. I am engaged in no enterprise that can endanger the peace or tranquillity of our country as you will most certainly learn, when the district attorney shall be ready, which I surmise will never be. Though pressing business demands my presence elsewhere, I feel compelled to give your zealous official one more opportunity of proving his charge; or acknowledging my innocence and admitting that it is persecution.’ “Nevertheless, watching Burr day by day, I notice he is slowly losing his tranquillity; even his face, when at rest, has a nervous expression. “I learn that he has sought to engage my friend, John Rowan, as one of his counsel; but Mr. Rowan declined, saying: ‘My position as a congressman-elect precludes the employment, as the charge involves fidelity to the Government.’