WITH morning came new expedients. A writ of habeas corpus was sued out, whereby Burr was brought back into court to continue the everlasting discussions. John Randolph left the jury room again, this time to demand from Burr the letter addressed by Wilkinson to him, dated May 13th, the reference to which Wilkinson had eliminated from the cipher letter. Burr refused to deliver any communication which had been made to him confidentially, even from such a scoundrel as Wilkinson, and Randolph retired discomfited.1 Later, when Wilkinson himself challenged its disclosure, Burr was to say that he had placed it out of his power to deliver. It must be admitted that it was probably more than motives of honor which animated Burr in his persistent refusal. Doubtless, the missing letter contained material which would have definitely proved his filibustering intentions against Mexico, and thus rendered him liable to conviction on the misdemeanor charge.
The same day the Jury brought in additional indictments against Jonathan Dayton, John Smith, Comfort Tyler and Davis Floyd. They were making a clean sweep.
The next day, Burr's counsel appeared with an eloquent request for the removal of their client from the sultry, unsanitary jail to more comfortable and commodious quarters. Marshall looked inquiringly at Hay, who remained silent. Thereupon he ordered Burr's removal to his former lodgings near the Capitol, provided that they were first made sufficiently strong for safekeeping. Pursuant to this order Burr was shifted to the front room of Luther Martin's house, the windows were barred, the door padlocked, and a guard of seven men placed in the adjoining house to keep constant watch on the distinguished prisoner.2 But he remained in these quarters only two days, for the Government could not brook such unusual favors to the man whose life it was seeking. The Executive Council of Virginia came to the rescue with an offer of three large rooms on the third floor of its penitentiary for Federal prisoners, and promised uninterrupted access to his counsel. The