Question. At what time was it that you saw me there?
Answer. I do not recollect.

Mr. BURR.-The counsel for the United States know, I presume, this circumstance, and have testimony to ascertain it. Mr. HAY.-We have not, as far as I am informed.

Mr. BURR.-If they have no objection, I will state when I was on the island.

Mr. HAY said he had not.

Mr. Burr then said, that it was on the last day of August, and the first of September, that he was on the island.

Question. Were the boats in the stream, or close to the land, when general Tupper wished them good luck?

Answer. In shore.

Mr. Anthony (one of the jury.) Did you see any powder?

Answer. No.

Mr. HAY.-Were you in the boats?

Answer. I was not.

Mr. BURR. Where does general Tupper live?

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Answer. In Marietta.

Question. Does he not belong to the state of Ohio?

Answer. Yes.

Question. When did you first know him?

Answer. Last fall.

Question by Mr. Parker. Where did you live before went to work on the island?

Answer. About a mile from the island.

Mr. BURR then asked the clerk for the statement, which he had taken of Allbright's testimony, when it was submitted to the court on a former occasion, on the motion for binding himself in a higher bail.

The clerk handed him the copy, and the prisoner proceeded with the examination.

Question. You said before, that the men who raised their muskets against general Tupper, were not in earnest?

Answer. That was a piece of my opinion. I did not know whether they were in earnest; as there was no quarrel among them, and no firing afterwards.

Mr. Carrington, (one of the jury), reminded him of an expression of one of the party: "I had as lieve as not shoot," which shewed that they were in earnest.

Mr. BURR.-I beg the court to call on the prosecution, for the deposition of this witness, taken before John G. Jackson.

Mr. HAY said, that he would not let gentlemen have access to his port folio when they pleased; that he must be satisfied by reasons assigned, or required by the order of the court, before he produced it.

The CHIEF JUSTICE was not satisfied, that the court had a right to call for the affidavit.

Mr. WICKHAM said it was obvious, that there were certain suspicions attached to the credibility of the witness; and that it was their desire to compare his present testimony with his former affidavit.

Mr. HAY observed, that Mr. Jackson might not have taken down the testimony of the witness in his language, but couched it in his own; hence there might be an apparent variation between the present evidence and the affidavit; but that there was no real variance: that the object of Mr. Jackson's taking his affidavit was merely to ascertain, whether he were possessed of any useful information, and to know whether he ought to be summoned as a witness or not: that this was the object in taking all the testimony which had been collected: that his affidavit was therefore general; but that the man, after finding that he was to be summoned as a witness, had revolved the subject in his own mind, and recollected many circumstances which had not before occurred to him.

Mr. BURR.We have a right to coerce this paper. If gentlemen will not surrender it, I may at all events avail myself of their refusal. My object is to prove such a diversity between the statements of the witness at different times, as may destroy all faith in his recollection.

Mr. HAY.-Then, sir, although I might retain this paper, the gentlemen are welcome to make all the use of it they can. Take it.

Mr. BURR then proceeded. When you said that all had guns, did you mean to say, that all in the circle, or all of them together without exception had arms?

Answer. There were seven or eight who had guns, and there were other arms; but there might be more men than guns.

Question. How many were in the circle?

Answer. I did not count them.

Question. What kind of guns had they?

Answer. Rifles and short guns.

Question. Did you see any guns with bayonets

Answer. I saw none.

Mr. MAC RAE.-When did you see most arms? in the day, or in the night?

Answer. I saw more arms in the day; but it was in the night that I saw most armed men.

Mr. Parker (one of the jury.) Why did you think that all of them had arms?

Answer. Because I was with them almost all night. In the day, I saw some of them shooting at marks; and I saw other arms at that time lying upon the beach.

Mr. WICKHAM.-Did you see them all with arms at once? Answer. No.

Question by the same. How many arms did you see in the whole, or at any one time and place together?

Answer. I cannot tell.

Question by the same. Did you know the men who had arms? Answer. I did not.

Question by the same. Did you know the names of the other men?

Answer. No.

Question by the same. Would you know any of them if you saw them?

Answer. I would not. They are all strangers to me.

Question by the same. How could you distinguish the arms seen in the day-time, from those seen late in the evening, or at night? Anver. I cannot answer.

Question. How then are you certain that you did not see the same arms at different times, in the hands of different persons? To this question he made no answer

Peter Taylor was then called, and

Mr. HAY asked him, whether he had not seen Mr. Burr on the island?

He answered that he had not.

Mr. BURR.-If gentlemen have now done with the overt act, or when they have done, I will thank them to inform me; for then we shall have some considerations to offer to the court. Mr. HAY.-We have other additional testimony to offer on this very point: the assemblage of men on the island.

Maurice P. Belknap was called, but did not answer.
William Love was then sworn.

Mr. HAY.-Were you on Blannerhassett's island?

Answer. Yes: but I was not there at the time when colonel Tyler's boats arrived there. I was then at Marietta; and it was on Sunday that I went down in a skiff with two barrels of salt.

Question. How many boats were at the island?

Answer. Four.

Question. How many men?

Answer. I cannot tell you; but I suppose about betwixt twenty and twenty-five belonging to colonel Tyler's boats. When I arrived on the island, Blannerhassett met me.

Question. Did you see any arms?

Answer. I saw the men and rifles. I know that Mr. Blannerhassett took away with him one brace of horse pistols, a brace of pocket pistols and a dirk. Some fusees were put in the boat; but not more than three or four, all belonging to him. Question. And what arms had Tyler's men?

Answer. Pistols, dirks and rifles, they brought there; but all were not armed with rifles. I know not whether they were armed with different things. Some of the men had guns, some had dirks. Being, as how, Mr. Blannerhassett's servant, that is, his groom, I went down the river with him.

Question. Did you see Taylor and Allbright there?

Answer. I knew Peter Taylor very well. I saw him there the morning of the day I went away: and I saw Alibright also. I saw Mr. Woodbridge too.

Question. What time did you set sail?

Answer. We were the last to embark; and we started between twelve and one, as well as I can recollect. We parted with general Tupper in the greatest friendship, so I understood from others. I do not know that I saw him. I was the last man who went into the boat.

Question. Did you see the prisoner on the island?

Answer. I never saw colonel Burr on the island. I first saw him at Natchez about two and a half years ago.

Question. What took place after you left the island?

Answer. That night was very cold. The next morning we stopt and made fires. Mr. Blannerhassett and colonel Tyler went ashore and called the company together; and the best I could make out was, I understood that the governor of Ohio, had uttered state-warrants against Mr. Blannerhassett and Tyler; and that they wanted to make their escape as fast as possible. I went down with the party to Bayou Pierre, where...

Mr. BURR expressed a wish, that the attention of the witness should be at present, confined to the transactions on the island. He said that gentlemen ought to confine themselves to evidence of the overt act; that they would submit the question to the court; that it would be too late to discuss the question, whether the evidence ought to be submitted to the jury, after it should have been all heard.

Mr. MARTIN.-Gentlemen had better confine themselves to facts within the district of Virginia. When they travel beyond the district, we shall have some important questions to bring forward. We shall object to the production of such evidence. Mr. HAY acquiesced for the present, in this arrangement.

Cross-examined.

Mr. BURR.-Were not some of Mr. Blannerhassett's clothes put up in the boats?

Answer. Yes.

Question. Did you not assist in putting those things in the

boats?

Answer. Yes.

Question. Were not his books put in boxes and trunks?
Answer. None that I ever saw.

Question. How long had you lived with Blannerhassett?
Answer. Ten or twelve days before we started.
Question. How many guns had the party?

Answer. I do not know: many of the young men that came down with Tyler were out a gunning.

Question. Did you see any thing like military appearance?

Answer. The men were in a state of preparation to defend themselves, because they expected people from the mouth of Kenhawa, to attack Blannerhassett and the island. And to the best of my opinion, they did not mean to be killed, without some return of the shot. It was said at Marietta, that the people of Kenhawa were to attack him; and I suppose they would have done their best to defend themselves. I should be sorry if a man slapped me on my face, without returning the blow.

Question. Was there no disturbance among the party on the

island?

Answer. None: I did not part with my friends in England more comfortably than in parting with the people on the island. Question. Were they in fear of being attacked when they first met together?