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indicted for the crime of treason against the United States, an offence which I am confident the evidence will show he never committed. It is impossible that Mr. Burr, with his age, his character, his past life, could be engaged in such a desperate, insane project.

That part of the defense was easily foreseen. No man could be indicted for treason without that being set up. It was the natural, the inevitable line of defense. The question to be decided was whether the evidence would support it.

The District Attorney, having opened the prosecution, called his first witness—General William Eaton.

The appearance of General Eaton created a profound sensation in the courtroom. He was a man of striking appearance, tall, with military bearing, and a countenance which bore the marks of many hardships. He was at that time the hero of the hour, having recently returned from his brilliant exploits in the Tripolitan war.

As Eaton took the stand and was sworn, every eye was fixed upon him. He began his testimony in a clear, firm voice, at first narrating his acquaintance with Burr, and gradually leading up to the disclosures which were to form the backbone of the government's case.

He testified that in the winter of 1805-1806, Aaron Burr had unfolded to him a grand project for revolutionizing the Western country and establishing an independent empire west of the Alleghanies, with New Orleans as its capital. He detailed conversations in which Burr had spoken disparagingly of the integrity of the federal government, and had endeavored to engage him, Eaton, in the enterprise, offering him a high military command.

As Eaton proceeded with his narrative, the courtroom became intensely still. The gravity of the charges, coming from a witness of such high standing, cast a heavy shadow over the defense. Mr. Burr listened with an air of cold indifference, occasionally whispering to his counsel.

The cross-examination of General Eaton by Mr. Luther Martin was keen and searching. Martin endeavored to show that Eaton was a disappointed office-seeker, disgruntled with the administration because of its failure to satisfy his extravagant claims for reimbursement growing out of the Tripolitan affair. He sought to portray Eaton as a man whose testimony was colored by personal animosity and a desire for notoriety.

Eaton, however, maintained his ground with firmness, stoutly denying that his testimony was inspired by malice or disappointment.

Following Eaton, other witnesses were called by the prosecution to testify to various phases of the alleged conspiracy—to assemblages of armed men, to the building of boats on the Ohio, to suspicious movements down the river.

Day after day the trial proceeded. The atmosphere of the courtroom was heavy with tension. The public interest remained unabated, crowds thronging the capitol daily to catch a glimpse of the remarkable array of legal talent engaged on both sides, and above all, of Aaron Burr himself, who sat through the long proceedings with a calmness and poise that commanded the admiration even of his enemies.

Chief Justice Marshall presided with a calm dignity, ruling upon the various legal questions raised by counsel with a precision that tended to clear the atmosphere of much of the partisan heat that threatened at times to obscure the real issues.

The prosecution labored hard to establish the overt act of treason, but as the evidence unfolded, it became increasingly apparent that this was the rock upon which the government's case was likely to split. Under the strict definition of treason laid down by the Constitution and interpreted by the Chief Justice, the mere planning of an expedition, or even the assembling of men without hostile intent directed against the United States, did not constitute treason.

The trial reached a crucial stage when the prosecution offered to introduce testimony regarding the actions of Burr's followers at Blennerhassett's Island.

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