TESTIMONY FROM THE TRIAL OF AARON BURR

By Jacob Allbright.

THIS is the testimony on which the prosecution mainly depended to convict Colonel Burr at his third and last trial at Richmond, Virginia, in 1807-8. Burr had been previously arrested at Frankfort, Kentucky, and had been successfully defended by Henry Clay in an exciting trial. He was again arrested at Natchez, Mississippi, in January, 1807, but was released by the Grand Jury, and in February of that year he was arrested the third time, charged with both treason and a misdemeanor. To convict him of treason, proof of an overt act was necessary. To establish such proof, reliance was placed chiefly on Allbright's testimony. Burr Was not convicted.

The real purpose of his attempted western expedition has never been satisfactorily explained, but it certainly was not politically honorable.

MR. HAY. Our object is to prove by his testimony the actual assemblage of men on Blennerhassett's island, and it goes of course to prove directly the overt act.

Jacob Allbright. The first I knew of this business was, I was hired on the island to help to build a kiln for drying corn, and after working some time, Mrs. Blennerhassett told me, that Mr. Blennerhassett and Colonel Burr were going to lay in provisions for an army for a year. I went to the mill, where I carried the corn to be ground after it had been dried. I worked four weeks on that business in the island. Last fall (or in September) after Blennerhassett had come home (he had been promising me cash for some time) I stepped up to him. He had no money at the time; but would pay me next day, or soon. Says he, "Mr. Allbright, you are a Dutchman." But he asked me first and foremost, whether I would not join with him and go down the river? I told him, I did not know what they were upon; and he said, "Mr. Allbright, we are going to settle a new country." And I gave him an answer, that I would not like to leave my family. He said, he did not want any families to go along with him. Then he said to me, "You are a Dutchman, and a common man; and as the Dutch are apt to be scared by high men, if you'll go to New Lancaster, where the Dutch live, and get me twenty or thirty to go with us, I will give you as many dollars." New Lancaster was some distance off. I went home then, and gave him no answer upon that. In a few days after the boats came and landed at the island. The snow was about two or three inches deep, and I went out a hunting. I was on the Ohio side; I met two men; I knew they belonged to the boats, but I wanted to find out; and they asked me whether I had not given my consent to go along with Blennerhassett down the river? As we got into a conversation together they named themselves Colonel Burr's men, belonging to the boats, landed at the island. When they asked me, whether I had not consented to go down with Blennerhassett, I put a question to them. I told them I did not know what they were about; and one of the gentlemen told me, they were going to take a silver mine from the Spanish. I asked the gentlemen, whether they would not allow, that this would raise war with America? They replied, no. These were only a few men; and if they went with a good army, they would give up the country and nothing more said about it. I had all this conversation with the two men. These men showed me what fine rifles they had, going down the river with them. Then I went to the island and Blennerhassett paid me off in Kentucky notes. People however didn't like these notes very well, and I went over to the bank at Kanhawa to change them. I got two of the notes changed; and one, a ten dollar note, was returned to my hand, for which I wished to get silver from Blennerhassett. I went to the island the day the proclamation came out. But before I went to Blennerhassett's house, I heard he was not at home, but at Marietta. I went on the Virginia side, where I met three other men, belonging to the boats, with three complete rifles. They made a call upon me, to take them to the island in my canoe, and I accepted [excepted?] to it; but afterwards I carried the third man, who stood close by my canoe, over to the island. After being some time on the island, I went down to the four boats. Blennerhassett was not at home yet; and I met some of the boat people shooting at a mark. They had a fire between the bank and boats. I saw this in the day time.

Mr. Hay. How many boats were there?

Answer. Four.

I waited at the house till Blennerhassett came home. He appeared very much scared. One of the boatmen came up to him for something, and he told him, "Don't trouble me, I have trouble enough already." He went up to his chamber; and I saw no more of him. I asked ail old gentleman who was there, and with whom I was well acquainted, to go up to his chamber, and change my note for silver. He did go, and brought me silver. By and by I heard that they were going to start that night. Thinks I, "I'll see the end of it." This was the night of the very day that Blennerhassett got back from Marietta. He got back before night. When night came on, I was among the men and also in the kitchen; and saw the boat-men running bullets. One of them spoke out to the others, "Boys, let's mould as many bullets, as we can fire twelve rounds." After that, I saw no more till after twelve o'clock at night. Then Blennerhassett came down from the chamber, and called up some of his servants; he had four or five trunks. There were not trusty hands enough to carry them to the boats; and some person called after my name, and asked me to help them; and I carried one of the trunks and moved along with them. When we got down, some person, I don't particularly know who, but think it was Blennerhassett himself, asked me to stand by the trunks, till they were put in the boats. When the last of them went off, I saw men standing in a circle on the shore. I went up to them; perhaps they were five or six rods from me. The first thing that I noticed, was their laying plans and consulting bow Blennerhassett and Comfort Tyler should get safe by Galliopolis. One Nahum Bennett was called forward, and when he came, Blennerhassett asked him, whether he had not two smart horses? Nahum Bennett answered no; he had but one. Then Blennerhassett told him to go to Captain Dennie, and get his sorrel horse; and Nahum Bennett told him, that the sorrel horse had no shoes on; and Blennerhassett said, the roads were soft and would not hurt the horse. Blennerhassett told Nahum Bennett to meet him and Comfort Tyler with the horses, somewhere about Galliopolis: Bennett inquired how he was to find him out, should he inquire for him? "No." "Have you no friends there?" "No." Mrs. Blennerhassett then came forward, and she told Blennerhassett and Comfort Tyler, that they must take a canoe and get into it before they got to Galliopolis, and sail down the stream of the Ohio; for nobody would mind a couple of men going down the stream. She said she'd pay for the canoe. Blennerhassett told Nahum Bennett to take the two horses and pass round Galliopolis before day, and then they might surround [go round] Galliopolis. After that, a man by the name of Tupper, laid his hands upon Blennerhassett, and said, "Your body is in my hands, in the name of the commonwealth." Some such words as that he mentioned. When Tupper made that motion, there were seven or eight muskets leveled at him. Tupper looked about him and said, "Gentlemen, I hope you will not do the like." One of the gentlemen who was nearest, about two yards off, said, "I'd as lieve as not." Tupper then changed his speech, and said he wished him to escape safe down the river, and wished him luck. Tupper before told Blennerhassett he should stay and stand his trial. But Blennerhassett said no; that the people in the neighborhood were coming down next day to take him, and he would go. Next day after, I saw the Wood county militia going down. The people went off in boats that night about one.

Question. All?

Answer. All but one, who was a doctor. All belonging to the boats had some kind of arms. Some of the boats were on the shore and some not.

Mr. Hay. How many men were there in all?

Answer. About twenty or thirty : I did not, however, count them. Every man belonging to the boats that I took notice of, had arms.

Mr. Coleman (one of the jury). What day, month, or year, was this?

Answer. In the fall of the year. I don't recollect the month or particular time, but there was snow on the ground.

Mr. Hay. Do you recollect whether it snows in September?

Answer. I do not know.

Mr. Sheppard (one of the jury). Was Tupper a magistrate or officer?

Answer. I know not.

Question. Where had Blennerhassett been? Answer. In Kentucky.

Mr. Wirt. Had you seen Colonel Burr on the island?

Answer. Yes.

Question. Was he there before Blennerhassett went to Kentucky?

Answer. He was. . . .

Question. Did the boats quit the island at the time of hearing about the proclamation?

Answer. Yes.

Question. Did the Wood county militia go there next day?

Answer. Yes.

Question by Mr. Parker (one of the jury) . . . . How long did Aaron Burr remain on the island?

Answer. I do not recollect.

Question by the same. How long had he been there before the departure of the boats?

To this question, he first answered, that he did not know; and that Mr. Burr never returned back to the island: but after some reflection he said, that he had been there about six weeks before the departure of the boats.