The life of John Marshall . her than the reading ofthe unnecessarily long opinion which Marshall hadwritten during the night: the crimson-faced, belli-cose superman of the law, Luther Martin, appearedas one of Burrs counsel.^ The great lawyer hadformed an ardent admiration and warm friendshipfor Burr during the trial of the Chase impeach-ment,^ and this had been intensified when he metTheodosia, with whom he became infatuated.* Hehad voluntarily come to his friends assistance, andsoon threw himself into the defense of Burr with allthe passion of his tempestuous nature and all thepower and lear
The life of John Marshall . her than the reading ofthe unnecessarily long opinion which Marshall hadwritten during the night: the crimson-faced, belli-cose superman of the law, Luther Martin, appearedas one of Burrs counsel.^ The great lawyer hadformed an ardent admiration and warm friendshipfor Burr during the trial of the Chase impeach-ment,^ and this had been intensified when he metTheodosia, with whom he became infatuated.* Hehad voluntarily come to his friends assistance, andsoon threw himself into the defense of Burr with allthe passion of his tempestuous nature and all thepower and learning of his phenomenal intellect. After vexatious contendings by counsel as towhether Burr should give additional bail,^ Marshalldeclared that as very improper effects on the publicmind [might] be produced, he wished that no opin-ion would be required of him previous to the action of » Burr Trials, i, 97-101. 2 lb. 97. 3 Md. Hist. Soc. Fund-Pub. No. H, ; Blennerhassett Papers: Safford, 468-69. Burr Trials, i, LUTHER MARTIN ADMINISTRATION VERSUS COURT 429 the grand jury; and that the appearance of colonelBurr could be secured without . proceeding in thisinquiry. Burr denied the right of the court to holdhim on bail, but said that if Marshall was embar-rassed, he voluntarily would furnish additional bail,provided it should be understood that no opinionon the question even of probable cause was pro-nounced by the court. ^ Marshall agreed; and Burrwith four sureties, among whom was Luther Martin,gave bond for ten thousand dollars more.^ Day after day, court, grand jury, counsel, andspectators awaited the coming of Wilkinson. TheGovernment refused to present any testimony tothe grand jury until he arrived, although scores ofwitnesses were present. Andrew Jackson was verymuch in town, as we have seen. So was CommodoreTruxtun. And General William Eaton was alsoon hand, spending his time, when court was not insession, in the bar-rooms of Richmond. Wearing a tremendous h
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