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United States. Counts: Circuit Court United (4th Circuit), Virginia,

REPORTS

OF THE TRIALS OF

COLONEL AARON BURR,

(LATE VICE PRESIDENT OF THE UNITED STATES,)

FOR

TREASON,

AND FOR

A MISDEMEANOR,

In preparing the means of a Military Expedition against Mexico, a territory of the
King of Spain, with whom the United States were at peace.

IN THE

CIRCUIT COURT OF THE UNITED STATES,

Held at the City of Richmond, in the district of Virginia, in the Summer
Term of the year 1807.

TO WHICH IS ADDED,

AN APPENDIX,

CONTAINING

THE ARGUMENTS AND EVIDENCE

IN SUPPORT AND DEFENCE OF THE MOTION AFTERWARDS MADE BY
THE COUNSEL FOR THE UNITED STATES,

TO COMMIT

A. Burr, H. Blannerhassett ana I. Smith,

TO BE SENT FOR TRIAL TO THE STATE OF KENTUCKY,

FOR

TREASON OR MISDEMEANOR,

ALLEGED TO BE COMMITTED THERE.

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THE TRIAL

OF

COLONEL AARON BURR.

AFTER Mr. Wickham closed his argument, on Friday the 21st day of August, 1807, Mr. HAY stated, that he wished to examine the other witnesses, by whom he expected to prove an

overt act.

Israel Miller was then sworn.

Question by Mr. HAY.-Were you on the island, Mr. Miller, with Blannerhassett and his party at the time charged in the indictment, the 10th of December last?

Answer. I arrived on the island between the 7th and 10th of December last, in company with colonel Tyler, who had four boats.

Question by the same. How many men had he with him? Answer. About thirty-two men.

Question by the same. What proportion of arms had they?

Answer. Five rifles and about three or four pairs of pistols are all that I know of. I joined them at Beaver and went down with them to Blannerhassett's island, and there I saw one blunderbuss, two pairs of pistols and one fusee. I do not know that there were any more.

Question by colonel BURR.-How many bullets did you see run?

Answer. I only saw one man run bullets.

Purley Howe was then sworn.

Mr. HAY. Will you be pleased to say what you know of the party on the island, their arms and conduct?

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Answer. I was not on the island during their stay on it. I was applied to, by Mr. Blannerhassett to make about forty boatpoles. On the evening of the 10th day of December, I went to the landing (on the Ohio side) to deliver them, being called upon to do so, and Blannerhassett sent his flat to receive them. In this flat were two sentinels, being two young men, each of them armed with a rifle.

Mr. HAY. State what you know of their arms on the island.

Mr. Howe. I flung the poles down the bank and offered them assistance, but they said they had men enough. One of my neighbours, Mr, Allan Wood, wished to go over in the flat; but they refused to take him, saying, they had orders not to let any person go with them from the Ohio side.

Question by Mr. HAY. Did you see any arms but the two rifles?

Answer. None but those in the hands of these two young men. One of them laid down his rifle in the bow of the flat, and stowed away the poles as they were handed in; while the other sat on the bow and held his rifle across his thighs. I saw men on the island for three or four days, who were said to be Tyler's or Blannerhassett's men.

Question by Mr. MAC RAE. Did you see those two men who were guards leave the boats?

Answer. I did not: they staid there constantly.

Question by Mr. MAC RAE.-Did you know these men? Were they not all strangers to you except Peter Taylor?

Answer. They were.

Question by Mr. BURR to Mr. Miller. Did you see general Tupper there?

Answer. I did not see him, but I understood that he was there.

Question by the same.-Did you see any disturbance

there?

Answer. No.

Question by the same. Were you with the boats all the time?

Answer. I was.

Mr. WIRT. Did you join this party there or come with them?

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