Although the great probability of an opinion ruling out the rest of the evidence must have been foreseen by the prosecution, Mr. Hay was momentarily confused as to how next to proceed. So, as soon as the Chief Justice had concluded his remarks to the jury, the District Attorney requested that the Court grant him time to consider it. Judge Marshall readily agreed and an adjournment was taken until the morrow. Whatever courses the counsel for the prosecution may have discussed among themselves during the evening they came upon no plan to counter the opinion of the Chief Justice. So, when the Court met next day, Mr. Hay announced that he had nothing to offer the jury either of evidence or argument and must, therefore, leave the case to it. At the order of the Chief Justice the jury then retired. The assemblage was not kept long in suspense. Soon the jury was on its way back to the courtroom led by its foreman, Colonel Carrington. Asked by Judge Marshall if a verdict had been reached, the Colonel arose and replied: “We of the jury say that Aaron Burr is not proved to be guilty under this indictment by any evidence submitted to us. We therefore find him not guilty.” Not guilty “by any evidence submitted to us.” Did the jury then mean to imply that had some of the evidence not been withheld under the motion made by the defense and sustained by the Chief Justice, it would have found Aaron Burr guilty? Would that not be the impression made on the public? If such an impression were made on the public could the verdict then be regarded as an exoneration? Colonel Burr did not think so. He was on his feet at once protesting and he was supported in his protest by other counsel for the defense. The Colonel called the verdict unusual, informal and irregular. He demanded that the objectionable qualification be stricken out. Luther Martin called it a tempest in a teapot. Colonel Carrington interposed to say that if the objections to the offending passage were continued the jury would strike it out. He was immediately contradicted by his fellow juryman Richard E. Parker, an ardent Jeffersonian, who shouted that it had been inserted deliberately and that it would stay there. Judge Marshall listened patiently throughout the controversy and compromised the issue by stating that, in the opinion of the Court, the verdict was in effect the same as a verdict for acquittal. He would therefore let it stand in the bill as the jury had pronounced it. The entry made on the record would be simply, “Not Guilty.”