Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-09-11
MoNpAr, Ale,pt 81.

I ne GIN Jns.iee delivered the opin.
ioi ofthe court, ID the motion made by
tthl counsel 81 Col. Burr, 10 exclude all
o,her evidence from The consideration Of
tlk Jury, d irrelevant upon The present
ifidictment: the result 81 which cfinion
whs, that under de particular cireum-
sknces Of this ease, % detaiied IN the
evidence already given, no further testi-
smony could berelevant. The oPinionof
the Court Was very lengthy. and took up
two hours and twenty minutes in The de.
livery. 49, =. l. -
q M. Hay requested sometime foe con-
sidelation g 70 the course which Il would
be proper forsthe counsel on the paft Of
the United States 70 pursue. For thisa
purpose ne wished the court tdosdiour6
iillto. morrow or next day, in ordefthat
he opinion ofthe Court might Be prin.
ted; and the eject Off clearly perceived
BY the counsel for die prosecution. This
va opposed BY the COUNSEL for Col. Burr,
who stated the situation Of the Jury in
general and particularly thar ofthe family
of one Of them. They said that % ths
tEsct ofthe opinion 81 The court must Be
% discharge the jury in avery shprt time,
after 10 should Be acted upon, h would
Be better 10 adjourn till 6 dclockshis
evening, at which time he counsel Tor
the United States might be able to deter
mine on the course which they judged
most proper to Be pursued. q e.
Mr.. Hay declaring that he did net
think il possible for him and his associ-
ates to form any decisise opinion BY that
1 time, the Chief Jusiiee observed that the
court would adjourn ill that hour, and
Il the counsel fer the u. States should
not then bs prepared, or should NOT at
end, the court woold be adjourned till
tomorrow. r.. r s4.3tt & ~ }s.
| Monday EveainE 6 O'Clock. i The
ecurtadjourned Tin 70 morrow 70 o'lloek.
| TUESDAY, SrptemIey
Mr.. Hay observed that the opinion de.
livsred BY the court on yesterday, had
been maturely considered by the Couu.
sci for the United States, the result Of
which was, that he had nothing further
to offer TO this Jury, either Of evidence
or argument. ~: i ..2s.sss.s
The Jury then retired, and sEter n ab-
sence Of 20 minutes returned d verdict
10 these words: .1s s..ss
i !" We Of the Jury, find that A
D., :" RON BURR is NOT proved 10
stbe guilty under this indic,m.ne,
I hYany evidence submitted ious.
4 - We, therefore, 4ind him NOT
- "GuILTY.n SIS mr.
!. This form ola verdict was objected
to by colonel Burr and bis. counsel, who
insisted that il shoald be IN the usual
form, simply, Net Gully. -,
Mr.. Hay contsuded thar The Jury had
! Z right % lind their verdict in this form
Hthey thought proper; and ihat ii should
dshs recorded in the serywords Of the yer.
dict. It might be more satisfactory to
/ them, andauounted IN eiEsetto The same
thing % general yirdict Of Ros kGiitg. "
He knew Of no law, and he was certain
there was no principle against h.
/ MIR. Randolph answered lha, fern VA
against il and IN criminal easss, firm
4 vas kssp.@W Why else are preeedenis al
ways Consulted to ascertain what the Law
il. -. -: a. + Z. " %
Col. Burr eon,snded that the jury had
no right 10 bring, in q written verdict, or
70 say more than whether be was RiIiI,v
or not gniity. The form Of the charge
given 10 the jury, (Which was read, q
/ his request by The clerk, } would point
out their duty. This WIS, sha. they
were % my whether gully or nor gaiity.
and no more. - q -.
Mr.. Hay observed thar IL The verdict
twere not in writing the same objections
nighs occur, ifthe Jury shoald pessise
IN the form adopted BY them. They
might direct their foreman 10 deliver IL
are tenna, In the very words which had
i been indoIaed ON the Indictment.
II III ! .