Mr. Jefferson, in a letter to a friend took his cue from the General, remarking: “The scenes which have been acting at Richmond are sufficient to fill us with alarm. We supposed we possessed fixed laws to guard us equally against treason and oppression; but it now appears we have no law but the will of the judge.”
Once more it looked as though many of the Government’s witnesses, who had been gathered together with such great pains and who had been waiting all these weeks to testify, would go home without being heard. But Mr. Hay had one more trump card to play. He moved that the alleged conspirators be committed both on charges of treason and misdemeanor which might have taken place in Ohio and Mississippi. Through this motion the Chief Justice found himself transformed into an examining magistrate. As such he regarded it as essential that all the evidence be heard. So at last, in spite of the protests of defense counsel, the Court was thrown open to any and all witnesses the Government chose to present.
For the most part they were youths and humble folk who had joined the expedition or had had dealings with the party on Blennerhassett Island.
Edmund P. Dane—the Blennerhassetts had come to his house at Belpré to buy cider. They had invited him to go on the expedition, assuring him it was not hostile to the Government and aimed only at settling the Washita lands.
Israel Miller—he was with the expedition when Burr met it at the mouth of the Cumberland. He mentioned a few weapons.
“Do they kill ducks and turkeys with bullets?” inquired Mr. MacRae, who was familiar only with hunting on the eastern coast.
“If the gentleman had ever been in Kentucky,” remarked Burr dryly, “he would have known that it was considered inglorious there to kill a squirrel, or even ducks, with anything but bullets.”
James McDowell—he went with the expedition as far as Chickasaw Bluffs, the present site of Memphis. He saw a few guns with bayonets, but no boxes of arms. It appeared to him that Burr was in command. Recalled to the stand, he admitted that after leaving the mouth of the Cumberland he saw six or seven boxes that were so heavy he could not lift them.
Stephen S. Welch—he joined the party at the mouth of the Cumberland. He said the proposition put up to him was settlement of the Washita lands. Samuel Moxley and Chandler Lindsay, John Mulholland and Hugh Allen told much the same story.
“Had you any reason to suspect that any of the party meditated hostility against the United States?” inquired Burr of Allen. “Never,” Allen replied.