2 D.C. 104
Decided November 15, 1814
The defendant was indicted for treason against the United States, by adhering to their enemies, giving them aid and comfort, by supplying them with fruit and melons, showing them the channel of the River Potomac, and informing them of the situation of the troops of the United States. E. J. Lee, on the trial, objected to evidence of conversations held by the prisoner with the witness, before proof of some overt act.
Decided 1814-11-15
¶1were of opinion that the declaration of the prisoner accompanying the overt act laid in the indictment may be given in evidence to show the intent with which the act was done; but that his confession of having given information of the channel, and of his having been on board the fleet, was not evidence.
¶2The jury, after retiring a few minutes, found the prisoner not guilty.