United States v. Burr
U.S. Circuit Court for the District of Virginia
The court was opened at half past twelve o’clock, when Col. Aaron Burr appeared, with his counsel, Edmund Randolph, John Wick-ham, Benjamin Botts and John Baker. [Luther Martin also appeared as counsel at a later stage of the trial.] The clerk having called the names'of the gentlemen who had been summoned on the grand jury, Mr. Burr’s counsel demanded a sight of the panel, which was shown to them.
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The court was opened at half past twelve o’clock, when Col. Aaron Burr appeared, with his counsel, Edmund Randolph, John Wick-ham, Benjamin Botts and John Baker. [Luther Martin also appeared as counsel at a later stage of the trial.] The clerk having called the names'of the gentlemen who had been summoned on the grand jury, Mr. Burr’s counsel demanded a sight of the panel, which was shown to them. Mr. Burr addressed the court, pointing out some irregularities in summoning a part of the panel. The marshal, he said, by the law of Virginia under which he acted, was required to summon twenty-four…
1Opinion of the Court 1
MARSHALL, Chief Justice,
remarked that it was not in the power of the marshal to summon more than twenty-four, as the act of assembly authorized1 only that number. If he should summon twenty-five, the last would not have power to act; and the marshal would have no power to displace any one of the others, to put-the last in his place. When the panel had been completed by the marshal, its deficiencies could only be supplied from the bystanders, under the directions of the court.
Mr. Burr said, the court having established the principle, we must ask their aid to come at the facts. We wish to know…
Also in this document: Opinion of the Court · Marshall.
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