When Mr. Hay had completed his opening statement, Colonel Burr appealed to the Court to expedite the business by meeting as early as possible and adjourning late. He cited the English custom of sitting from twelve to sixteen hours a day. Learned counsel shuddered at the very thought. Objection was instantly raised on the ground that English courts did not have to contend with the heat of Richmond in midsummer. Tempering justice with mercy, Judge Marshall ruled that the Court would meet at nine o’clock in the morning and sit until four o’clock in the afternoon. These preliminaries having been attended to, the call came for the first witness for the prosecution and General Eaton was sworn. No sooner had he taken the stand than the defense was on its feet protesting the propriety of hearing Eaton’s evidence. They contended that it had to do only with intention. Therefore before it could be admitted an overt act had to be proved. The controverted point led to a long and animated debate which consumed the rest of the afternoon. As was to be his custom throughout the trial, Judge Marshall adjourned Court before presenting his opinion. With his genius for application he would work far into the night preparing his opinion in order to have it ready when Court convened in the morning. Where he was concerned there was to be no undue haste, no chance for misconstruction. The opinion would be in writing and reflect the logical approach that was characteristic of his legal papers. It was on his acute reasoning rather than profound knowledge of the authorities that the force of his opinions depended. In the morning, true to his promise, the Chief Justice was ready to deliver his opinion. It was a dissertation on what testimony was and was not relevant to this time. As applied to General Eaton’s testimony it permitted that part which related to Burr’s design to seize New Orleans and divide by force the western from the Atlantic states. It excluded the more colorful passages which had to do with Burr’s alleged plans for the overthrow of the Government in Washington. With this injunction Eaton was told to go ahead and tell his story in his own way. The hint, however, was made to him that he might well leave out autobiographical material having to do with his services to the nation in Tripoli, which he considered a basis for the nation’s gratitude. Eaton, however, did not take the hint, but reviewed his exploits at considerable length before launching into the now familiar story of Burr’s advances to him in the prospect of interesting him in the expedition. It had appeared in print so many times that the majority of those present knew the essential details.