New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-26

and Decatur she would krrn Congress neck and
{, heels out of doors, asssssh'ate the President,
cor what amounted TO that AMI declare himself
"the Protector of an energetic government
He proposed to Eaton TO gain the Marine corps
and to sound Preble aud Decatur. Eaton rea.
soDed with Burr on the folly and wickedness OF
these projects averring that the three Commodores
were incorruptble; that he would find it impOs-
sible to procure party of men in this country
to support projects 80 reasonable. and that
some solitary word would destroy him. Burr
ssbed what it was. Usurper," replied Eaton.
But Burr declared the blow must be struck.
Eaton declined having anything to 90 with his
schemes, aud communicated them to Government.
Commodore Truxton testified that Burr sought
to detach him from the navy, and to induce him
to join his expedition, holding out the prospect
of mt king him Admiral Burr spoke Of capturing
Havana and other Spanish ports, and assured
him that many prominent men were concerned In
the plan. He declared that Mexico vas ripe for
revolt, and was certain of success. Burrs cross
examination Of Truxton was done in so searching
and mastery o manner, at the same time with
most respectful courtesy, as ehectually to neu'
tralze the virus of his testimony. He brought
out the Commodores unqualified admission that
all bis plans were to be carried out only in case
of war with Spain.
Other witnesses proved that Burr had con-
tracted for the building Of numerous boats ct
Marietta, and the purchase of large quantities OF
provisions; that ia December q body of thirty to
fifty men had assembled at Blan0erhasset's Isl
and most Of whom were armed, and who ap-
peared to be commanded By Col. Comfort Tyler.
Bannerhasset told che witness they were going
down 10 take Mexico; that Burr would be King
of Mexico, and his daughter. Mrs. Aston, would
at his death become Queen. At midnight on the
18th of December these men suddenly decamped
in four boats and went dow the river, in con-
sequence Of the leaders having learned that Gov
ernment troops were after them, and that war
rants were out for the arrest of Burr and Blan-
nerhasset. The party had but four boats. all
those built of Marietta rs well as the provisions
ordered there, having been seized by the autheri-
tiles. 1t was distinctly shown that Burr was not
at the island with this armed party, and that he
had been there only once or twice previously.
II this assemblage constituted the overt act
Burr was not shown to be personally partic
pant. His counsel had perseyeringly insisted In
every stage of the trial that the prosecution must
first prove the orert act, and that the design was
10. sufficient to convict. They now moved the
Court TO exclude any further evidence from the
Jury aud stop the prosecution, alleging that Burr
not being present on the island at the time OF
the assemblaae, could not be principal IN the
treason; that no waging of war, nor the use oil
force bad been proved and that no evidence
was relevant to connect him with others, and 10
thus make him traitor by relation, until the
others were shown TO have comm tied an act 0f
treason, which act they denied the assemblage
on the island to be.
This motion gave rise to an elaborate argu-
ment, in which all the counsel on both sides
repeatedly addressed the Court. 1t occupied ten
days, and, with the opinion Of Judge Marshall,
fills 100 pages of the report. IL is in itself
comprehensive treatise on the law of treason,
rich in authorities, with lucid applications to the
psint at issue. 1t was in the progress of this
great argument that William Writ electrified
vast audience with his impassioDed apostroPhe
"Who is Blannerhassett " and his touching
description of Blannerhassett's intellectual and
floral paradise in the Ohio River" 9 shrubbery
Z" that Sbenstone mn Sats have envied blooms
L" around him: music that might have charmed
Calypso and her nymphs is his. An extensive
library spreads its treasures before him;
philosophical apparatus offers to him all the
" secrets and mysteries of nature; peace, tran
guilty, and innocence shed their mingled
" delights around him; and to crown the en-
" chantment of the scene, wife, who is said
"tO be lovely even beyond her sex, and graced
with every accomplishment that can render it
"a irresistible, had blessed him with her love, and
" made him the father of her children" The
Court sustained the motion to stop the trial.
Judge Marshall charged that "no testimony
" relative to the conduct or declarations OF the
prisoner elsewhere, and subsequent to the
transaction on Blannerhassets Island, can be
" admitted; because such testimony being in its
nature merely corroborative and incompetent
" to prove the overt act in itself, is irrelevant,
until there be proof Of the overt act BY two
witnesses"
Mr.. Hay, for the prosecution, after having
taken time to read the charge, for which pur.
pose the Court had been adjourned, announced
that. he had neither argument nor evidence fur
Their TO offer to the Jury. He had examined the
opinion of the Court, and must leave the case
with the Jury. The Jury thereupon retired
and in short time returned with the following
verdict