would punish him, his associates, dependents, or others, according to the degree of their misconduct.

The witnesses were then introduced. James Knox was first sworn. His testimony was as followeth:

He says, that he went to New-Orleans some time in March; soon after his arrival, he received a note from general Wilkinson, making some inquiry concerning serjeant Dunbaugh. He waited on the general, who received and treated him handsomely, took him by the hand, and asked him if he were not afraid after what had happened, and what had been said about him. He told him he was not afraid. He asked him, whether he were at liberty to reveal what occurred in coming down the river? The witness said he was at liberty to reveal what he knew; but did not wish to do so. He inquired whether the witness were a freemason? He then began to take notes. The witness stopped him from taking down, and told him it was not his wish to have what he said taken down. He complained of distress; expected to be ruined. Said that there was a great force coming down the river. He asked the witness his circumstances; what money was due to him for his services in coming down? He answered, one hundred and fifty dollars. Asked him if he were in want of money, and offered to supply him, which the witness refused. He said he was very unhappy; had lost his wife; but all that was nothing to his trouble on account of the state of the country. The witness said that a subpoena had been served on him about the 12th of May, by Mr. Gaines, to attend this court; that he told him he was not prepared to come round then, but he expected to get money in ten or twelve days, and would then be ready. He went to Gaines's office about four days afterwards; was taken by a sheriff on Sunday evening, who took him to judge Hall's. The judge was from home. He went again, and was told by the judge that he must give his deposition, or go round to Richmond. He answered, that he had no objection to going to Richmond; but having no counsel, would not give his deposition, lest he should commit himself. No person but the sheriff was present. The governor desired the sheriff to take his word, if the judge could not be found: saw the judge, and was bailed until eleven o'clock; gave two securities, bound in five hundred dollars each, to avoid being put in gaol. When he appeared, the judge had before him a number of printed interrogatories. The witness asked the liberty of reading them. He permitted him to do so. The judge asked him if he would answer. The witness refused until he had counsel; but offered to be placed in confinement until he could procure counsel. He afterwards saw, as his counsel, Mr. Carr, who informed him that the judge had no right to demand such answers. The judge still persisted to interrogate him, to some of which interrogatories he answered, in order to save trouble. The witness then related every thing that passed,

from Meadville, until his arrival in New-Orleans. Mr. Fort was then sent for and interrogated. He made some observations, and refused to answer (being, he said, about Tom, Dick, and Harry). After which the judge gave the deputy marshal a note, who put Fort and the witness into gaol, among forty or fifty negroes and criminals. Fort was bailed by his friends; but they required bail of the witness in five or six thousand dollars, and he remained in gaol until the vessel was ready, in which he embarked. He requested leave to get his clothes. Dunbaugh then came with some men with belts and side-arms. The witness asked if they were a guard? He was answered, no; but that they were some acquaintances. That he has since been told by Dunbaugh, they were a guard. They went with Dunbaugh and himself, to the water edge. The witness asked whether lieutenant Gaines were on board? They said no, but soon would be. When Dunbaugh came to the gaol, he had an order which was handed to the gaoler. While in gaol, the witness wrote to Lindsley and doctor Mulhollon, to come and see him; and told them if they came to New-Orleans, what they might expect. He was informed by the gaoler that they would be confined. He did not send the note. He did not see Gaines until the next day. When lieutenant Gaines came on board the vessel, he said the witness was in a bad humour; the witness told him he was, and Gaines said that he had better be satisfied, and bear his situation with patience. He asked Gaines for leave to go on shore for his clothes, he did not care what guard was sent with him. Gaines said, that it was not in his power to grant it, but the power was in general Wilkinson. The witness was not permitted to get his clothes, and came without any except what he had on at the time, and except that Lindsley brought him one of his shirts which he had lent him. Gaines, after having told him that he might put him in irons, and bring him round in that manner, offered him forty dollars. The witness said, that if he would let him go on shore, he did not want it, otherwise must take it. It was paid and sent on shore; twenty dollars were paid to his landlord, and the other twenty dollars returned to him by governor Claiborne, who came on board and went with them six or eight miles on the passage. And also, when they came to anchor in Hampton Roads, Gaines asked him if he had any objection to coming to Richmond; he answered that he never had any objection. Gaines said, that he was sent by the authority of judge Hall. General Wilkinson spoke to him next day, and asked him if he had any objection to come to Richmond. He answered he had not, if properly treated; but he had been brought off without clothes or money. General Wilkinson had not heard of his not being permitted to bring his clothes, until that morning. General Wilkinson agreed he was ill treated. Told him that he (witness) must understand, that he was brought round by the direction of judge Hall. General Wilkinson pro

posed to let the witness go to Richmond upon his parole of ho nour, which was refused. Wilkinson said, if the witness wanted twenty dollars, he should have it; afterwards he talked with Mr. Lindsley, and returned to the witness and said, if he wanted fifty dollars he might have it. Witness wanting money to purchase clothes, took it. He observed, in the first conversation, that he had twice asked favours of him and Gaines, and would never ask a third favour of any person. He came to Richmond with Moxley, in a pilot boat. Moxley told him that he had orders from general Wilkinson, to take charge of the passengers on board the Revenge, and bring them to Richmond, and there wait his (Wilkinson's) orders.

Cross-examination by the counsel for the United States. Have you any military commission? Answer: None. Where were you born? Answer: In Maryland; left it very young; resided in Pennsylvania, and left it sometime in November last. Left Pennsylvania, (Meadville) for New-Orleans, on the 24th or 25th of November, went down the Alleghany and Ohio to Beaver; went from thence, with about twenty or thirty, to Blannerhasset's island, where he did not recollect to have staid but two days or a day and a half: left that place some time in December, Blannerhasset and another with them, who were the only persons who joined them there. Stopped at Shawnee Town; went with about double the number to Cumberland island, just opposite to the mouth of Cumberland river; staid a day and a half, met with colonel Burr and a few others; the whole number about fifty or sixty, about seven or eight boats, five fire-arms: went thence to Fort Massac; serjeant Dunbaugh met them there with a musket, and after meeting with colonel Burr, he considered himself under his direction. Went to Natchez. Colonel Burr did not accompany them. Went from Natchez to NewOrleans. Some of the boats were chartered and others sold. They arrived at New-Orleans on the 13th or 16th of March. The first notice he had, after seeing general Wilkinson, of the proceedings against him was, when he was carried before judge Hall. He was said to be carried under an affidavit of general Wilkinson before judge Hall. Captain Gaines requested him to write to him on shore, and he would get what he wanted. He was not permitted to send the letter. Never mentioned this to general Wilkinson till they arrived in Hampton Roads. That he was treated as others while on his way; that is, as well as some; not so well as some, and better than others. Arrived at Richmond on Friday evening, put up at the Bell tavern. Three days elapsed before he saw colonel Burr. He mentioned the treatment he had received to colonel Burr, and intended mentioning it to the court, on his first appearance; but was told it was unnecessary. That general Wilkinson used no terror against him; and offered to relieve him if he wanted money. Whilst at the mouth of

Cumberland river, and when colonel Burr made his escape, he was one that took colonel Burr in a wherry, and carried him some distance, and left him in the woods; did not hear him address any one. The note written him by general Wilkinson, and sent by Dunbaugh, was left at his house sealed: the object was to obtain some information about Dunbaugh. No letters. Carried colonel Burr's things to a parson Bruin's, as he was told. They had but few guns, which were traded for as they descended the river. The vessel sailed from New Orleans in half an hour after general Wilkinson came on board. The one hundred and fifty dollars offered him by general Wilkinson, he was induced to believe, was to bribe him to give evidence against colonel Burr, or it might be considered as a bribe. Said he could obtain from colonel Tyler a sufficiency to carry him home under his agreement with that gentleman. This conversation took place before the subpoena was served.

Lieutenant Gaines was then sworn. He stated that he received a letter from the attorney general of the United States, enclosing subpoenas for witnesses against colonel Burr. That he went to New-Orleans in consequence, and arrived there on the 7th of May. Called several times at the house where James Knox staid, with Mr. Lindsley and doctor Mulhollon, and could not find them. He was told by the landlord, that those gentlemen walked out whenever he approached; they supposed he had something against them. He told his business, and at length saw them. They said, that the reason why they endeavoured to keep cut of his way was, that they had belonged to Burr's party, and did not wish to appear against him. He told them that the commander in chief offered them a passage in the United States' vessel with him. He desired Knox and Lindsley to say whether they would come or not? Knox said he could not come until he had made some money arrangements (though Lindsley seemed disposed to come on). That he then applied to judge Hall; the judge directed him to obtain an affidavit of the refusal, and that he would take the proper steps. He said, that the subpoena might be served by the marshal or sheriff, and proposed that he (lieutenant Gaines) should be appointed by the marshal, a deputy. He refused, unless he could afterwards be released from any further service in that capacity. Next day the judge told him, that the marshal had left a deputation for him, and asked him if he would act; he answered that he would, on the foregoing condition, and that he should not attend to Knox, at New-Orleans. Knox appeared always ill-natured, which induced him to ask him if he could do any thing for him? He obtained from the United States' agent at that place, forty dollars, and offered it to Knox, which he, after some hesitation, accepted. In reply to his inquiries, whether Knox wanted assistance, he hesitated, and then said, that he wished to go on shore himself, to get some

necessaries out of his trunk. He told him that as the vessel was going to sail so soon, he could not; but offered him pen, ink and paper, and requested him to write to some friend on shore, to do what he wanted done; or he would act for him, himself. He was then in a very ill humour, and was so when the witness returned on board. James Knox was under no restraint, from the time the vessel sailed, till they arrived at Hampton Roads. To a question put by Mr. Burr's counsel, by whose authority he acted, lieutenant Gaines answered, that in every step relative to Knox, he acted under the authority of the marshal, at New-Orleans, except that he was authorised by the commander in chief, to offer him a passage in a public vessel. In serving the subpœna, he acted under the authority of the attorney general. When at Hampton Roads, he inquired of Knox, whether he had any disposition to go to Richmond? He said that he wished to come to Richmond, but wished also to leave that vessel. He told him he should leave it, but had not determined how he would be conveyed to Richmond. General Wilkinson told him, all would come in a vessel, except those who would come in the stage. His getting off, gave him no concern; because he supposed that Knox could be caught again in some part of the country, if he attempted to go away. Whilst the witness was on shore, general Wilkinson procured a vessel in which Knox and others were sent to Richmond. He considered Knox under his authority, not as a military officer, but as deputy marshal. That he was committed to his charge, as such, in virtue of a warrant of commitment issued by judge Hall. He did not know the reason why the judge made such an order. That general Wilkinson never attempted to exercise any authority over Knox, on his passage. That the deputation was not of his own procuring. That he had received an order from the department of war, to leave the gar rison at which he commanded, under the direction of some other person, and to attend to the orders of the attorney general.

Question by colonel Burr. Had you no previous conversation with general Wilkinson about this deputation? Answer: I had none. I never heard nor had any conception of such a deputation till it was mentioned by judge Hall. He gave to serjeant Dunbaugh an order at New-Orleans to receive from prison and deliver to the commanding officer on board the United States' schooner Revenge, the body of James Knox, and he was accordingly conveyed on board.

Question by Mr. Baker. Was not Dunbaugh a serjeant in the army, and did you not consider him acting as such under you? Answer: I should not have considered any citizen of New-Orleans bound to obey my order; I did not consider serjeant Dunbaugh farther bound than in compliance with his