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Lynchburg, Virginia
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Court proceedings in Burr's treason trial: Jury acquits Blannerhassett after deliberation. Nathaniel Dayton bailed at $10,000 with sureties, based on affidavits placing him elsewhere during alleged overt act. Adjourned to decide on Burr.
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Tuesday, September 1. Hay observed that the opinion delivered by the court on Saturday had been maturely considered by the counsel for the prosecution, the result of which had nothing further to offer to the jury, either of fact or law. The jury retired, and after 30 minutes returned with these words: "We find that Blannerhassett is not guilty under this indictment, but under the evidence there is no evidence against him, and his acquittal should apply. Not guilty." The jury did their verdict, they thought it should be received in the very words of the indictment, which might be more satisfactory to them, and amounted to the same thing as a verdict of not guilty. He knew, and he was certain there was no principle against it. Randolph answered that there was nothing against it; and in criminal cases the form was law. Why precedents always controlled certain what the law. He contended that the jury had the right to bring in a verdict, or to say more than he was guilty or not, in form of the charge by the clerk accurately. This challenge, say whether or not, and no alteration. The record in the form of not guilty. Again he should call a verdict in a bad if he were to, he should use words. If the jury return their verdict if they insist on the form in which the guilty the court because it is a as given endorse jury had clerk record common form. He observed that he asked for a discharge. If any objections to that course it would be overruled.
Nathaniel Dayton appeared to answer the indictment against him by the United States for treason and ... Mr. Wickham stated that after the decision of the court yesterday there could be no doubt but Gen. Dayton was bailable. He read two affidavits, one of a Mr. Williamson of Elizabeth Town in New Jersey, and the other of Gen. Dayton himself, both going to shew that the latter could not have been at Blannerhassett's Island at the time when the overt act was committed which is charged in the indictment. The Chief Justice mentioned twenty thousand dollars, as the sum in which bail should be given. Mr. Wickham thought it was excessive; and was more than appeared to have been usually required in the state trials in England. Mr. Hay said he was not very solicitous as to the sum. The court fixed the sum at ten thousand dollars, and Mr. Williamson and Mr. Martin entered as his sureties in the recognizance. The Court adjourned till tomorrow 12 o'clock: at which time the counsel for the United States will determine upon the course to be pursued with respect to Col. Burr.
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Tuesday, September 1
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In the Burr treason trial, the prosecution rests; jury acquits Blannerhassett after brief deliberation, with debate on verdict form leading to discharge. Nathaniel Dayton appears for treason indictment, granted bail at $10,000 based on affidavits alibiing him from Blannerhassett's Island; sureties posted. Court adjourns to address Burr.