Under the gracious chaperonage of young Mr. David Mead, Blennerhassett made the journey from Lexington to Richmond, where they arrived on August 3. Mead took his prisoner to the Washington Tavern, to the west of the Capitol Square, and there they had an excellent dinner. This over, another deputy marshal appeared to present Blennerhassett with a warrant for high treason. He had a carriage waiting outside and in this Blennerhassett was conveyed to the penitentiary where he was assigned the sumptuous apartments lately vacated by Colonel Burr. Here he was to remain throughout the course of Burr’s treason trial. And here he was to find ample time to set down an account of the proceedings. He too was to enjoy the same gracious treatment by the best people of Richmond that had been accorded Colonel Burr.
Chapter XIV
Promptly at noon on Monday, August 3, the Circuit Court of the United States for the Fifth Circuit and District of Virginia was opened by the Chief Justice. The midsummer heat had done nothing to discourage the public from attendance, and, as usual, every seat and vantage place was at a premium.
On the bench the Chief Justice in his robes of office sat alone. Judge Griffin is not reported to have been present on this occasion. In the places reserved for the prosecution were District Attorney Hay, Mr. Wirt and Mr. MacRae. Ready to act for the defense were Mr. Randolph, Mr. Wickham, Mr. Martin and Jack Baker. Baker, a jovial fellow, appears to have been retained because of his popularity: he played a small part in the trial.
The clerk called the names of more than 100 witnesses. Then followed another of those legal hitches that by this time had become so characteristic of the trial. Mr. Hay asked for a postponement since, he said, he had been unable to furnish Colonel Burr with a list of the witnesses and their addresses. He reported also that he had found that the list of the venire he had delivered to the accused was inaccurate. So the Chief Justice obligingly granted a postponement of two days, but not before Colonel Burr had attempted to enliven the proceedings by again asking for a subpoena duces tecum.
So there was nothing for the disappointed crowd to do but file out of the courtroom to swelter through the afternoon in the taverns and in their homes until the sun had set and darkness had brought some slight relief. Those who were determined to follow the proceedings by this time were beginning to realize that they would have to adapt their habits to the spasmodic stops and starts of the hesitant machinery of justice.
On Wednesday court assembled only to adjourn almost immediately because witnesses were absent. On Friday another assembly was followed by adjournment because counsel for the United States pleaded they were not prepared to proceed. Thus another whole week passed by with nothing tangible accomplished toward either dismissing Colonel Burr with a clean bill of health or consigning him to the gallows.
At last, on Monday, August 10, the proceedings got under way. A touch of novelty was provided by the first appearance in court of Harman Blennerhassett. He had made the trip from the penitentiary to the Capitol in fine style, riding in a carriage drawn by a span of horses and attended by two guards. The crowd outside the courthouse was smaller than he had anticipated, but he found the spacious courtroom well filled. Colonel Burr entered soon afterwards and, on catching sight of Blennerhassett, immediately came to his side, shook him warmly by the hand and, with a welcoming smile, told him how glad he was to see him. It was the first time the alleged conspirators had met since Burr said goodby to his little army at Cole’s Creek in February and slipped out into the wilderness. That magic smile and handshake were enough to banish for the moment the resentment Blennerhassett felt over his treatment.
Now commenced the arduous task of picking twelve good men and true from among the prospective jurymen who had answered to their names. In view of the fact that virtually every bit of the most important evidence against the accused, including all the fantastic rumors, had appeared in the press and was common knowledge to the reading public, it was no simple task to find men of intelligence who had not already formed their opinions.