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 "NOT 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.