Circuit Court of the United States of America, for the
Circuit and District of Virginia.

District of Virginia, to wit:

The grand inquest of the United States of America. 'n for the body of the district of Virginia, now on their oath, de present, that Aaron Burr, late of the ty of New-Yo. district of New-York, attorney at law did, on the tenth December, in the year of our Lord thousand eigh: dred and six, within the jurisdiction the United St to wit: at a certain island in the river Ohi' called Blaneri set's island, in the county of Wood, within the district f ginia aforesaid, and within the jurisdiction this cour. v force and arms, begin a certain military expedition, to ried on from thence against the dominions of a Foreign to wit: the dominions of the king of Spain; the said 1 States then and there being at peace with the dng of against the form of the statute, in such case, made and pros. ded, to the evil example of all others, in like cast offending and against the peace of the said United States and thei, dig nity.

The second count charged him with setting on a military enterprise to be carried on against the territory of a fo prince, viz: the king of Spain, with whom the Uned S were at peace.

The third, is the same as the last, except, that the of Mexico, is stated as the territory of the kir against which the expedition is intended.

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The fourth count, charges the defendant with pri Laing means of a military expedition against the dominions of king of Spain.

The fifth is the same as the fourth, except that Mexico: particularly mentioned, as the province against which the expedition is intended.

The sixth is the same as the fourth, except that the foreign territory is said to be unknown.

The seventh, charges him with setting on foot a military enterprize against the dominions of a foreign state, to the jurors unknown.

All the counts laid the offence to be committed at Blannerhasset's island, in the county of Wood, in the district of Virginia. The indictment was founded on the 5th section of the act of congress of 5th June, 1794.

In the course of the trial, the counsel of the prosecution offered in evidence declarations of Blannerhasset tending to implicate colonel Burr; and endeavoured to support it by alleging, 1st, A conspiracy between these two and others; and that

the declarations of one conspirator were evidence against the others; or 2. That they were accomplices. They also offered in evidence acts of the nature laid in the indictment, committed by the defendant in Ohio and Kentucky; all of which was objected to. After argument, the chief justice rejected the testimony and concluded a very able opinion with the following positions, viz.

It is then the opinion of the court, that the declarations of third persons not forming a part of the transaction and not made in the presence of the accused cannot be received in evidence in this case.

That the acts of accomplices, except so far as they prove the character or object of the expedition, cannot be given in

evidence.

That the acts of the accused, in a different district, which constitute in themselves substantive causes for a prosecution, cannot be given in evidence, unless they go directly to prove the charges laid in the indictment.

That any legal testimony which shows the expedition to be military, or to have been designed against the dominions of Spain may be received.

The attorney of the district finding in the progress of the cause, that this decision excluded almost the whole of his testimony, on the 15th of September, moved the court to discharge the jury. This was objected to by the defendant, who insisted upon a verdict. The court being of opinion that the jury could not in this stage of the case be discharged without mutual consent, and that they must give a verdict, they accordingly retired; and not long after returned with a verdict of "Nor GUILTY."

In the end, Colonel Burr was ordered to be committed to Ohio to answer there on charge for setting on foot and providing the means for a military expedition against the territories of a foreign prince with whom the United States were at peace. He gave bail for his appearance there to answer the charge accordingly.

THE END.