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? Answer. 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 Allbright 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?

Answer. Not till Tyler's boats came down. I do not recollect to have seen general Tupper there.

Mr. Parker (one of the jury.) Did you ever see all the men with arms?

Answer. I cannot say. When I got to the mouth of Cumberland river, I saw a chest of arms opened.

Mr. MAC RAE.-Were any chests of arms put into the boats when you left the island?

Answer. Not that I know. They might or might not have been put on board without my seeing them. Many things were put into the boats before I got in.

Mr. Parker (one of the jury.) Had you no conversation with Blannerhassett about the expedition?

Answer. Only that if I did not choose to go with him, he would recommend me to some travelling gentleman as a servant; or, if I went to the Washita, he would make me a present of a piece of land.

Mr. BURR. Did you see any arms but those belonging to Blannerhassett?

Answer. I did not.

Question by the same. Did you see any guns presented?
Answer. I did not.

Question. Were they mostly young gentlemen who came in the boats?

Answer. They looked like young gentlemen in that country. Mr. WIRT.-Why did they go away in the night?

Answer. They were afraid of being taken by warrants issued by the governor of Ohio.

Mr. MAC RAE.-Was the chest which you saw opened at the mouth of Cumberland, the same as those that you saw go from the island?

Answer. No.

Question. What did you think of this business?

Answer. I understood the object of the expedition was to settle Washita lands.

Mr. HAY.-What kind of looking men were they?

Answer. They looked like gentlemen, such as live upon their own property.

Question. Did they look like men used to work?
Answer. They did not.

Question. When did you see Mr. Blannerhassett that night down at the beach?

Answer. Late that night: it was a very cold night, raining and freezing: it was generally expected that the people would come and destroy Blannerhassett's house.

Mr. Parker (one of the jurymen.) Did you see any bullets run?

Answer. Yes: but I do not know how many. I was a servant in the house, but could not mind my own business and other people's too.

Dudley Woodbridge was next sworn.

Mr. HAY.-Were you on the island when the boats left it? Answer. I slept there that night.

Mr. WIRT.-What party do you mean?

Answer. I allude to the four boats with Comfort Tyler, Mr. Smith and others.

Question. Were you at the boats?

Answer. I passed them about dusk.
Question. Did you see any of the men?

Answer. I came to the island about dusk. I saw five or six standing about the boats. I went directly up from the landing to the house and saw fifteen or twenty men in one of the rooms of Mr. Blannerhassett's house.

Question. Had they any arms in their hands when you saw them?

Answer. I recollect to have seen no arms, but two pair of pistols on the bureau of the room where I slept, which were gone in the morning.

Mr. HAY.-Had you no communication with Mr. Burr or Mr. Blannerhassett about this expedition? Will you inform us what you know on this subject?

Answer. About the beginning of September or last of August, Mr. Blannerhassett, (with whom I had been connected. in commercial business for six or eight years past, under the firm of Dudley Woodbridge and Company) called with colonel Burr at our counting house at Marietta. Mr. Blannerhassett observed that colonel Burr wished us to purchase a quantity of provisions. I am not positive that Mr. Burr was present when he first mentioned the subject, but I think he was. Colonel Burr then went into an inquiry about the prices of dif ferent kinds of provisions, and the expense of boats best cal