The other counsel for Burr were Charles Lee, an Ex-Attorney-General of the United States, and a lawyer of much learning; “Jack” Baker, who was more of a “good fellow” than lawyer; and Washington Irving, then attracting some attention in the field of letters, who to use his own words, “went to Richmond on an informal retainer from one of the friends of Col. Burr,” although, as he said, “his client had little belief in his legal erudition, and did not look for any approach to a professional debut, but thought he might in some way or other be of service with his pen.”
But of the defense _facile princeps_ was Burr himself. He was keenly alive to every proceeding, and while the burden fell upon others, no move was made, or point conceded, without his sanction. Mr. Robertson, the reporter of the trial, says: “Among these stood Aaron Burr, proudly pre-eminent in point of intelligence to his brethern of the bar, who had been vice-president of the United States, and now accused of the highest and darkest crime in the criminal code. Standing before the Supreme tribunal of his country, and with the eyes of the nation upon him, he was, in the opinion of many, already condemned. He had the talent and tact, and the resources of the Government to contend against, and every faculty of his mind was exerted in his own defense. The magnitude of the charge, the number of persons involved, the former high standing and extraordinary fortunes of the accused, had excited an interest in the community such as never before had been known.”
[Illustration: WARRANT FOR ARREST OF BURR
The Marshal had summoned for service on the grand jury the most intelligent and representative citizens of the Commonwealth. Prominent among them was William B. Giles. He had served in both branches of the Legislature of Virginia; had been Governor of the State of Virginia; and representative and senator in the Congress of the United States. Senator Giles was a partisan of Jefferson, a member of what John Randolph called “the President’s back-stair cabinet.” He was the leader of the republicans in the Senate, and had been foremost in the assaults on the “last stronghold of Federalism--the Judiciary.”
When Senator Giles was called on the _voir dire_ he was challenged personally by Burr. Burr claimed the same right of challenging grand jurors for favor that he had of challenging petit jurors, and was sustained in his position by the Chief Justice. His objection to Giles was that, on occasions in the Senate, he had pronounced his opinion on certain documents sent to that body by President Jefferson attributing to Burr treasonable designs, and upon such information advocating the suspension of the writ of _habeas corpus_. He stated that he could produce evidence, if necessary, of public utterances of Senator Giles confirming these views. Senator Giles was stricken from the panel.