Federal Gazette & Baltimore Daily Advertiser
1807/01-1807/06

msa_sc3722_2_6_1-0594

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Federal Gazette & Baltimore Daily Advertiser
1807/01-1807/06

msa_sc3722_2_6_1-0594

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Green Turtle. F TURTLE SOUP will be served upon the Table of the I ounUin Inn, on MONDAYS and FRID AYS, at 2 o'clock, :md from 11 till 2, in the Public Room, during' the season, by JAMES BKYDEN. N n "'-ivate Families can be served. June 18. w m. vS'.Jerm. Hoffman, No. 3, South Charles-street, Have imported a neat setccfion of 4-4") and C IRISH I.INENS. 7-83 5-4 SHEETINGS. Lawns & Dowlas, purchased in the Dublin market on short time, and received here by the ships Abeona and John Adams from Liver- pool^____________________may 11- d Best Russia clean Hemp. ¦ ?uSS'a ?'}?eti,,Es £ entitled to drawback Sherry Wine 3 AND 3000 bushels vellow Corn. For sale by SCHULTZE & VOGELER. May 13.____________________________<1 Lewis Michael & Co. Spri Msne imported, in the different vessels from London and Liverpool, their assortment of ring Goods, Also on hand, . India Muslins, Checks, Bandanno Handker- chiefs, German and Irish Linens, assorted— aR which will be sold on reasonable terms. may 4. d48t 12 seroons Peruvian Bark of a good quality and entitled to drawback, or sale on a liberal credit ov FREDERICK LINDENBERGER h CO may 5.__________________d_ Havanna Sugar, Coffee, &ic 325 boxes prime white and brown Havanna .SUGARS, 13 half boxes refined White do 85 bags Green Coffee, and 3 barrels Flptant Indigo, just received per schooner Merchant, John Bigby, master, from Havanna, and for sale on a liberal credit for approved endors- ed paper, if immediate application be made before landing to ROBT : HAMILTON, Corner of Calvert-street and Lovely-lane __may 22._____________________ _ d AMOS BROWN & CO. No 109, Market-street, Have received their Spring Supplyof Shoes, among which are several thousand pairs as- sorted in packages, to suit country merchants, which will be sold at reduced prices for cash or acceptances in town. Also, 300 pairs Bal- timore manufactured Booxs,ona liberalcredik aprii .Jo. ___ d A Wet Nurse. A CHILD would be taken to NURSE, by a person with a good breast of milk, and •who can produce good recommendations, Applv at No. 20, North Howard street. Julie 19. _ •___._______ d4t*. Wanted to Hire, An elderly or middle aged WOMAN of $jood character; to attend a young child. Ap- ply at this Office. __June_19.__________________________d_ For Sale, A smart healthy Negro GIRLi between thirteen and fourteen years jf age. She will not be sold to any person who will not en- gage to keep her in this state. Inquire at this Office. . June -9. d4t Notice. THE Partnership heretofore subsisting be- tween us, under the firm of Laban Welch, is this (1. y dissolved by mutual consent. All persons having claims ag-ainst said firm, may receive the same ; and these indebted thereto are requested to pay their accounts to Laban Welch* who is authorised to receive, the same. J 'HN BuEVITT, LABAN WELCH. June 19,.1807._________________^!L_ Stray Cow. CAME to the Subscriber'* plantation, on the 16th instant, a red and white COW, brant' ed on each horn in two places ; the letters ap- pear to be M. W and a gimblet hole in each hOFii. The owner is desired to prove proper- ty pay charges and take her \;iy. SAMUKL DEAN, Living near EUicott's Upper Mills, Balti- more eountv. June 19-___________________d3t|l "~ CORDAGE. A few tons Cordage, of the best quality ftnd itiost valuable sizes, now landing from the sloop Folly and Nancy, at Smith's Wharf, for sale by " H. BURROUGHS. June 6._______________________d ~" 28 pipes Holland Gin, Just reveived, per Gray's Norfolk Packet, and will be landed This Morning, for sale by BUFr'UM & GOODHUE, No. 84, Bowly's wharf J line 19.__________________________d6t Peter Huffman &' Son jffave remaining of their Spring importations, (Entitled to drawback on exportation) Superfine Cloths, Cassemiers, Flannels, Fancy Muslins, Plain Cambric do. Chambr'ay Muslins, Prints, Cotton a':d Silk Hosiery, Shirting Cottons, 5Iuns and Colored Thread, limiting Cotton, Fine Hals, &.C. And daily expect a further supply. June 2 ______________________d__ Bolting Cloths. Millers and others, who deal in tl is attide can be supplied on the best terms, by the in, yoice or single piece, with Bolting Cloths, from. No- 0 a 7, of a superior quality, from the ma uufactory of the " Three Kings," by applying to the subscriber. JOHN SPERRY, 55, Smith's wharf Mav 6.___________________________d___ Millers Wanted. TWO or three MILLERS are wanted, at ¦William Patterson's Mil's, on the Great Falls 0f Gunpowder. Inquire at my store., corner o Pratt and Commerce ;t eels S-VMUr.L BYRNES >T B Tvo healthy BOYS v'U be taken as Apprentices to the MUleriujr business. Ap- \\y as above. J una 18.' tt, the work will go on. June 20. d4t Trial of Col. Burr TAKENFOR THE FEDERAL GAZETTE rfcattisday, June 17. Mr. Kas in jeopardv. Eatl Mansfield had expressly laid this down to be la * in civil cases. —Did it not therefore apply with ten tim..s more force in criminal cases, where a wit- ness might lay himself open to the severest punishment. In the king's bench in a cause respecting a patent, an objection was made to the' oath of one of the servants of the patentee, because he might endanger his veracity in a easy in which he was much j interested. The gentlemen concerned for the United States, said Mr. Martin, adduc- ed the case of an attorney at law, who was cfbhged todi^elose'what he knew in particu- lar cases respecting his client ; but said Mr. Martin, in those cases where he himself was interested, or where his client is interested, he is not obliged to disclose what he knew. With respect to the pre cut case, it would be impossible for hint to give an explana- tion to the court, without taking that shield from him, whioh alone could s-.-cure him friiui the severest punishment. Even if he were closeted with the court in private, it would be highly improper for him to dis- close testimony in which he conceived him- self interested, not perhaps for a trifle, for a few actes of land, but to secure his liber- ty if not his life. Mr. Maitin adverted to the case of Mr. Lincoln, the late attorney in the Mandamus case as it was generally called. In this case, when Mr. Lincoln was called as a witness, he was told he was not obliged to state anything that would criminate himself. M.Martin said, when he shewed these authorities, and there was not a shadow of authority produced' on the other side, he wondered how the gentlemen could support the position they had assum- ed. Mr. Martin said, he did not pretend to tarry conviction to the minds of the gentle- men, so enveloped in prejudice, that no 1:1 ie impression could be made upon thetn than upon the shield ©f Ajax, composed of seven Bull hides. M -, Wickhatn rose and said, he only had to make a few remarks to the very able ar- [jumei ts of Mi. Martin,.- That as to the paper br, 1 |ii« court, it was a matter of very little importance, but that the decision of the j <-M:nt point was a matter of the great- e- iipportaiice in judicial proceedings. For I instance, of what imp, rtanee the decision ! or this point might be to Blannerhasset, ma ny of whose letters and papers might be in ! tlu • posses- ¦'• of the prosecutor. Hea;ked j tie;' fen- if the gentleman ought to have j talked so much about the impression 'which ! v. 3s sought to be made upon the public mind j- bv this p. per. Was it therefore consistent I with fairness for the gentleman to sound so I bud an alarm about a point so highly inter- esting in the deci-ions of the court ? Time after time, said Mr. Wickham, he had at- tended at trials, and never before did he hear such an objection raised as in the present cae. Pn'olic prejudices, the gentleman had said, were excited by this. Public preju- dices ? if public prejudices were so excited against bis client, he might as well dispense with the form of a trial, and sit down as- sured of conviction. Mr. Wickham remark- ed, as to tbe case of the witness who lodged at St. Omers, and to the case of the Roman Catholic, who was asked what profession he was of, the gentleman had said that this argument amounted to a confession of guilt on tbe part of col. Burr, but he denied it did any such thing. That the persecutions against #ol. Burr, the lawful proceedings against him in the Western country, were well known. That he therefore was author- ised in taking every legal precaution against improper testimony, which he had good reason to bejieve would be offered. Consci- ous therefore of his own innocence, it was prudent, highly prudent for him to use every precaution which the law gave to him. Mr. Wickh -m next adverted to the case of Goosely ; and informed the court that the report of Mr. Marshall ai d of Mr. Randolph, who was- counsel in thai case, perfectly cor- responded with his. That I loosely was acquitted by the petit jury, and conse- quently proved an innocent man, yet that still on account (if the con: iction between him and Reynolds In was e'xi used from giv- ing of testimony, instead of an accusation of this sort, saipp-se, said Mr. W. a person was accused of murder, and that a witness was asked where he was on a certain evening ; it' this witness was con- nected with the njiirdi r, r, Srch a question might necessarily criminate him, and he ought to be excused from answering. Mr. Wickham next c;t;d several authorities from M'Nally in support of bis argument. The principle of law, said Mr. Wickhiipi, was certainly a correct one, that no accomplice ought to be admitted as a witness unless he came forward voluntarily. It .,;:;>: ;ied to him that the only reason why \ wifne^S, ?» ! ttloSe occasions' <*llgjf»i Jo of fSrtSrfl Yrri«\. •-, divulge what might bv locked up in his breast, hut the moment he acknowl.'.,'¦-.,.¦« the question would Criminate him if ' swereel, he ought then most certainly to bfl excused. The Court wished, if agreeable to the o u-nscl on both sides, to decline grvjaj opinion until to-morrow, and wished to k ;:ow if there were any other questions at pre sent which might be discussed. Colonel Burr rose and informed the comt that lie had to lay before them certain ob- jections against the mode in which many of the witnesses had been brought forward, which had been contrary to every law and; custom. Mr. Botts rose and stated that he wished likewise to investigate the charge which lie and those associated with him had made against the post-offices. He wished parti. cularly that this affair should be gone into* and at present he wished the fact investigated and next the law on the sub- ject. The Court were of opinion, unless ll« question bore upon the case, that tht-y could not go into the investigation. Col. Burr stated that that there was mucll testimony in the possession of the pposecei. tor which wsa thus procured, and of curac the court ought to regard such testimony a* contaminated and unworthy of regard. H<« mentioned that there were three persons against whom he could substantiate tbi ; cnarge of improperly obtaining; letters from the post-office, vi$», Judge Toulmaw, Mr.. Jackson the member ofcpngivss, and gene- ral Wilkinson. The Ccurt said that the case must be ft: s before the court, and the fact might be pro- duced. Col. Burr rose again and said that he BrK meant to specify ibr testimony thus procur- lid. Afterwards to prove . raj rob- bings of the mails ; and next the 10 of the maiis in particuJni cases. After some argument on this point l>e- tween Mr. Hay and Mr, Botts, Col. Burr rose and said he would w.re the discussion, of the question art; jm about the robbing of the mails, and wu'A call the attention of the court to anctluc point, the improper means by which testi- mony now in town had been ptoewped -.vhiie the case was pending, since he was bound over in his recognizance. Upon some argument, that trie on, should come before the court invite sn • a motion, Col. Uurr said that lie slimiM state it m this manner : to move the -court why tacbttfent should not issue i.i.n. characters whom n'esTiouRI jptavttto beguE- t,y of ihecrmi.' he alledged. Mr. H:y said that col. Bhsr should speci- fy names m his motion. Col. Uurr immediately mentioned general Wilkinson, John '(',, Ja-fcsoii .. Toulman, as guilty of this cri' Mr, E. Randolph rose and Stated be V-" I not bee-n in court when this disciKsac; menced. He said he intend< d to lias . . 1 d tor an attachment kiiison for compelling persons to giw? previ- ous affidavits, who he ki;ew were to U- wit- nesses, and of illegally forcing by rrUifnrv authority, persons from New-Oik-ans to Nor- folk, Mr. Thy interrupted Edmund R u-o and protested against such a motion as in- tended solely to have an effect upon general Wilkinson and the prosecution going on— That in the midst of this very imvyirtairt prosecution the accused came into court with a motion for an attachment not on any point before ill* court, but to prevent ral Wilkinson to go before the grand jury. Hi c would oppose such proceedings as -a per in the present stage and as only i, ing to retard, the prosecution. He coo ed such measures were highly improper, a-4 he hoped would not be sanctioned by (Saa court. Mr. E. Randolph said he understood th» motion was to be deferred until to-morvov.'., and therefore or.ly wished to make a few re- marks in the case, which he said was a tant, not only important, but a icry case, which would be inquired in at a iutiire day if neglected at present. He made those.' remarks at present because he did not scei the court then occupied with ot'n-r matter —If it did influence the trial, which wsis more than be had in view, ought it there- fore to be suppressed — He requested th<; court to be permitted tomorrow to intro- duce it at large. Mr. Martin expressed his surprise at the turn this debate had taken and made seve- ral severe remarks on the prosecution. lift said they would most certainly prepare tlit* motion and present it to the court. Afr. Hay said he would protest ag-.ii rt the motion, and said he hoped the court would not sufler such a motion to be made. He said he knew very will his protestation, would have no effect upon tbe audience . that it was his duty to protest against a motion as irregular and improper. That this motion couid only be justified in the supposition that it was a contempt of ocauM: —This charge he understood aw< this, that general Wilkinson had com;; certain witnesses to come from New Co to Virginia. This he declared w; tempt of court, and if there are even r, this conduct it was no such conU'tript,as the court would notice. He requested the court there- fore to consider the case, and he was certain the motion could not be sustained. Mr. Hay said the counsel had been pleased to put words in his mouth that he nevvr had ut- tered. That they had the same object ia making these niistatements in, the motion they now proposed. As to the c! against general Wilkinson, he w is --.or. du it was not only improper to be made, boj ' ly unjust, and could not at aU*vev«S come within the jurisdiction of the court. Mr„ Randolph, he said, had come in the most solemn manner before the court, and with a declaration, and pompons declaration, as if the whole country was in danger he made thischargeagainstgeueial Wilk mson. What was his object ? Was it not to m~'ame tK- public mind and the public e;r ? But not- withstanding, he could affiim, ju.stxe would not Sleep ; the court would do Their duty, and he hoped would not regard the cbarg* made against general Wilkinson to be of the description termed contempt of tye court. He therefore hoped the court would .{wet- pone the consideration of the tnotios u. il the termination of this prosttn*tinn. hoped also that Mr. Martin wotild not pto- cued ill the style and manner he bvi W:'!-.t- to done.