In the course of his address, which was meant as much for the public ear as for that of the judge, he said: "These paltry charges, may it please your Honor, these foul and slanderous charges, the filthy ooze of an irresponsible newspaper, are incredible, preposterous—nay, mendacious! They are not made in good faith. The purpose of those who are fomenting mischief, under the pretence of performing public duty, is not what it professes to be. The motives underlying this show of public virtue are sinister and selfish."
"Do you mean to cast reflections on my character, sir?" demanded Daviess.
"Not at all. You are brilliant enough to shine by your own light. Look, sir, a moment, at the history of this illustrious American citizen whom you are called upon to vex and vilify; remember his heroic conduct in war, his splendid services in peace; recall the story of his public sacrifices and his private misfortunes; who, I ask, is worthy of a generous people's gratitude and confidence if Aaron Burr be not worthy? Do you charge him with disloyalty? him the hero of Quebec, of Long Island, and of Monmouth? him the very sword hand of Washington?" This flourish of rhetoric added an extra inch to the length of Jim Sweet's craned neck.
"Sock it to 'em!" he tried to shout, but his phthisicky effort ended in a spell of coughing.
"Order in the court!" shouted the clerk, fixing the disturber with threatening eye.
"They tell us Republics are ungrateful, and it seems that my learned friend, the district attorney, would have you believe that miserable maxim. Out upon such a sentiment! We boast, sir, of the hospitality of Old Kentucky, especially of the Blue Grass region, and well we may boast. Our people are magnanimous—their hearts are great. But what shall be said of the unspeakable meanness, baseness, perfidy, of that man or that community which would betray the stranger at the gates, that would traduce and malign a high-minded, unsuspecting guest? What, your Honor, is the hospitality of that section or city in this vast Republic, the function of whose tribunals is to protect the rights of the individual; what is the hospitality of a neighborhood which permits a citizen to lie in wait to assassinate a pilgrim of peace? That, your Honor, is what the prosecutor purposes. He would blacken the reputation of his brother who happens to be of a different political complexion. He would filch from the ex-Vice-President of the United States his good name."
"He'd flitch his own mother," ventured Jim, on whose brain the dipperful of whiskey was producing mixed results.
"Hold yer gab," said the backwoodsman, hoarsely. "Listen!"
The orator turned full upon the district attorney and thundered: "Has it come to such a pass that a private citizen cannot make a tour of observation through this free country without being dragged before a court to answer trumped-up accusations as preposterous as they are malignant? What will become of your rights and mine? Will some prosecuting attorney arrest me on my way to Washington, because I have somewhere, at some time, expressed private opinions from which he dissents! I would like Mr. Daviess to tell us what the Constitution means? Does it not insure to us all the right of habeas corpus?"
The outcome of the day's debate was a substantial victory for Burr, though a technical one for Daviess. The court adjourned to the following morning. Again the officers of the county, the jury, the lawyers, and the great concourse of citizens, assembled. The district attorney submitted his indictment and sent his evidence to the jury. The jury heard witnesses and returned the presentment, "Not a true bill."