Newspaper of Burlington Free Press, October 15, 1841, Page 2

Newspaper of Burlington Free Press dated October 15, 1841 Page 2
Text content (automatically generated)

TRIAL OF ALEXANDER McLEOD. Coca or Ovca avb Teomiskh, ) lit Utica, Oct. I, 1911. 5 Bt-fbre Jitilcs Guidim, of the Circuit Oeutt, anil Judijoj VtT, Kiudail, anil Josbj, of the County Court. The Cotnt mot at 9 o'clock, and the Cotin cl on both sides declared themselves ready to proceed in the trial. The Jury was em patincllud and sworn, few who wero called being challenged or sot aside. Willis Hall, Esq., Attorney General, opened the caso on tho part of the people as follows: Qjntlemen of the Jury I stand beforo yon in obe dience to the law and in the nmo of tho people of the State of Nov York, to make pood before jro i the clmijo of murder ajinlnst Alexander .Mcl.eod, tho prisoner t the bar. Tho grand inquest under the so Umuitr of their oaths, havo denounced tlie pn.oner at the bar as cut ty of tho blackest in the catalogue of crimes, and it now devolves on mo lo place before you the evidence of hi guilt. (Gentlemen or tho Jury, it cannot be disguised that tin' trial has produced an etraordinary excitement in tho public minds we see it in tho crowding masses of rtii.vious ciliicm who line collected to witness tho pro wdiniis of tin day l'cri ous to juries are lhe.o paroxysms of popular imi tation. For that.nnd to warn yoiiHgniust your damp, r, I advert to tin's circuin-t meet they ire a umbhrii: blocks m the wavof vour oaths, over which h mired have lallcn, Wfiatevi-i then tiny be I lie ctraneciii causes which havo produced this ercat popular excite ment, it is to you and 1 not una ! neither vou nor I have anv concern with ilium, except to shut our rjc nnd our'cars, and to close cveiy avenue, toritr minds atjai'ist them. If possible, we alio id suppose that we are alone wilh tho prisoner and his witnesses! we should forget that there is around us nny car to hear oranyeyo to see, save, that alono of the all-sremsr Gji of justice. My duly, gentlemen of the Jury, like xoura, isae plain and easy to bo discerned, as it is difficult to be performed. To array and present lo you, to examine, and force, anil urge upon you testi mony which benrs against the life ot a human bang, is always a pvinful duty. Km it is a ditty as peremptory and paramount as it painful. But, gentlemen of the jury, thank Coil, it in not part of my duty to attempt to blind, mislead or deceive you. 1 nm not required to insist upon any TM-!nf.inl wliinl, I ilo not hel icveitobclholaw. oruaon any evidence which I do not believe to lie true. The task to which my oath binds me, is with a ca'm, re oluto unshrinking mind, to elicit the truth and place it before vou. The task in this trial, embarrassed by win! vie S'C round us, prejudiced in many quarters ny unfounded and absurd ruuiors prt ju'liccil in all qinr inro y,v the friars, the inleie-ts. and ihe passions men, winch it has excited a tak which overwhelms me with a sensoi f the greatncsi of my responsibility ntif) the? inarfr-ouaev of niv rowers, and drives in- re jiictintly, with unfeigned liumihty, to throw myself upon your indulcence, and prr.y you not to let ihe cause of justice suffer fur want of power m the pe-apli advocate. If, from base fear, or innate weakness, I do not preps the cause with the vigor t-ssentiil to the developement ofirulli, redouble your own vigi lance, lest truth he crushed by error. On the other hand, if my efforts to sustain my cauc mriinst the powcrf.it array of talent tind eloquence, which is en listed on behalf of the prisoner, I s'iou d a;ipnr cap tious or over-zealous, set it down auiint ni. ft it, I prav you, let it not turn your hparuauninst the truth and justice of the cause) pn s-nlid before vou, Oentl.men of tho Jury Tli,' ind etmeiit whi'di the Orand Jury havo found, nnd which i inw pre-sc-ntid to' eir consideration nnd investigation, charges A' x-uder Mcl.eod with havim murdered, nn the 2'V'i day of December, 13)7, Amos Durfee. Thi charge is presi nteel i-i various forms or evm-its, -eri fen It number. The facts are pres'-n'etl in mirh va rious form- in order to m-et the testimony, as it will bo tircsantcd. Tho first count eharg' ihr nnsonnr with having n"aultcd Aunis D'irfec, and with a er't loade d with powde', an I one 1-adrn bu!l-t, shot the ai I Amos Durf e, and then by cauo I his death. Tim second count states the sum- f-Kts a the firs', but states that it was done with a p'tol, instead of a 5: The third count slates tint it was committed hy ohn Mosior. nnd tint Alex inner Mcl.eod was pre sent and nulinj. .Mr. Hull then pruce -ileal to enu merate the various counts of the in licttifnt, tho'tih stanc of which, nnd all ihe eharges, .s. he said that Amos Durfee, a cimen of the Unitud S lies ami of trim State, whiles in the cuitnty of Niagara, in this State, was lulled hy thepiisouer at the bar. or by some pjrons with whom be was nearly or iriiiuc diattly connected and assisting. To s iiain this in dictment it will be prove I before you tint on orabo t the 'J3lh of D-eoniber, 1817, an American steamboat callel the Caroline, a boal of nbmit 30 or 10 tins, left the harbor ' f I'ull'alo for .ehlosser, about 1' miles below I! ifTilo Kails, and two miles above Niagara Kills. The boat was manned by American citizens, regularly enrolled -it tho Custom. house of UiiiTilo. according to the laws of the United State-., and had a regular license from ihe Colljctor of that port, to ply between Hull'iln and .Schlosser. At that time., gentlemen of the jury, some 2 or!) OC.inahan insurgents hail takn jioosi'ssion of Navy Island, which they pos"sued nnJ clnimnl, nnd held in the nmno of the provincial (lovcrnmcnt of Upper Canada, There had been meat exeiienicnt in Can tJa, and this excitement enlcnd.d all nlona the border. Kllbrts were mule hy the Cin.idnn ins ir-ents to enlist our citizens in their cau-e. The fugitives from the ter rible massacre of St. Charles nnel St. Eutai-he, whose houses 1) id been burned, nnd their property distrnvel, wives an I chiMrcn ilrivn into ihe snow"" of a Canadian want' r, found no elimeii'ty, wlrn tel linir iho tales of their elire-ful sufn-ring. in enlU'iug the feelings and sympathies of our froniier ciii-ns. And it was an ea?v ami namrat step froint bring svm pathisrrs wilh the surl' rers, to syminlhise with their causo. An 1 tilt sliuiila e 1, soniy of ihe more n-rk-ss of our young men joined our insurgents on .Navy Croat tin ah has complained of this art, nn many of eur mist jo leiois c turn have linked npMi it as a great fault. It is nn part ol niv fi'i' or eles'gn to Mii'lieate the patriots or insurgents, hot it may not be irn-t'ivaritto tate thus far that our ciiiz-Mts wh.i, with oni forming theniflves mtoany military body on our o.vns il but single h ri 1 I and alaieWt liur terri tory and united thouisdvis w.ih a foreign pow, r, bv da ng o they xiolateal no law of this S'nte or of the United States, or tin-law of nations. They have done no more, gentlemen of ilie jury, than hat. bee-n done bv every nation on t'te fjec of the earth. Vour own recjlleetions o' history wi'l give you nu merous exa-nples. The Swiss eu-rxeil in evry army oflaireipe, and who ever complain I of that, or even thoii.'ht eif holding ihm responsible. When Lord Cochran assisted tho S ates of Soith America, or Lord llvron, bv devoting bis life andfirtune to aid the fSreeka in their struggle's for liber tv from Tuikih bondage, tbd nny person e ver c oiiflain nf it nr pre tend that by sue-h actt they violated any law of na tions. Not did any country eoinrdiin, when the fircal, rooI and glorious Lafayette devoid his lifer to lis lino of liberty, and gave Ins princely fortune and himself to assist the Mlrintsnf our own soil. It will appear from le-iunony, that the obieets of the owner ol ine iaroime: w, ic loiany eu a uine-reui character. Tho cdliction of people- at Navy Island, bad excited great curiosiiy. At that lime-of the year the lake and canals were closed with ice, and the men who navigated them were relieved from their Inbora. Winter was set in, and the farmers and la borers were released from iheir toil. It was at lb, time of the Christinas hnlydays, and they had cohere pated at Schlosser, which was the nejrest poinl to fJovv Island. Was it extraordinary that one of our countrymen, and especially one ot our i.nstern bre thren, should see an obje ct of enterprise in the eir euui tanee-s winch then existed in his neighborhood. Such wis the. fact. Mr. Wells saw that a great curi ruitv waa drawinir persons to N'avv Island, not one of whom were connected wilh the insurgents, on that pla'c, nnd Mr. Wells saw an opportunity ;nf making nnin hv his boat, which was then Ivintr idle and un profitable at lluflalo, Wilh this idea, and intending nootlenco against tioet or man, he larteit rroin Hur falo to Schlohser. He stoppeil at the intermediate landings of urnnd Island, .Navy lland ami Sr dos scr. After reachinir Schlosser about 2 o'clock, he crofed to Navy Island, mule two trips tint after, noon, carrying passengers and uch o'her articles as might be carried on hoard any other ferry-boat making this passage- II will appear that among the nrticles onboard the Carolina was a cannon. Much stress has been, and probably will be laid upon lira In the otirfio i f this irinl. and I now nausea nunin.ne nn that, in order that vou may see what u fee-Mo licarine an act of th'a kind should havo on the case. It W1)fi an article which the vesfels of nations who arp n-it at war, nro forlud to carry nni"r penauyoi lorieiture, nml nn other. If a neutral ve.s. I is taken in tmsses. inn nf articles which ah is f irhidel n 'o carry by the laws of nations, they nre forfeited j lint wbi-n th- y nre landed sh" Is no' liable to ho si-io I or mo'ested, This applie to th high seas, the. eomtnoti proper v of all nations. At ine snmn nine wuen lliw xessi xvas nassinn I ctween Schlosv r nod Navy I Hod ferrv-boat was plying between HiiTilianl Waeo on the i anada siele, ami daily an-l hourly carrying arms and munition of war, and the 'nnadian army xvas feel from the American s'lorea, nnel iliere opain I do not say il with pride, American citizens were found m tha ranks of the Hritish Aruivlnriiuada.ane tills ai a lime wncii n w i-.-nri:' n i-iiei Diejioicriercnt' cl our citizens was unjustly mid iniepltrjusly made, l.nr.ie which is not founded in fact. Afier banner made these irina the steamboat Cnm i:na u.ns mnnreel at Kort .Schlosser. aa it is rslle.1 l,i he not deceived gentlemen bv tbn name, then) is no .. iliern. ilia r ile of tlte oe fort is now covereel l,v luxuriant corn, and ihoonly two house nenril were warehouse nn the en I of the wharf and Field's Tavern rfbout 0 or CO rols oils lliero was scarcely nnitwrheiuse within two milesof ihe place. At ibis . . u.t,i(h waa theon V hnusoin the neishhorhood. hundreds of peron were congrcgateel, and applied to Mr Walla for pertnifseon to loeigs on ooara tin ca rolino in consequence of not having room nt the tnvciti ' linn nu mive inriii icim ssnu. in nccou a neo wmi which soitio 13 or 20 look up lluir lodgings on bonnl tho boat that night. This boat was not armed, bad do equipment of hit own,. none of her men wci cann ed, nor were any of those who went on beiard tint night armed. About 10 o'cloek the watch waa set, as is usual, and the pet sons on board retileel to repose, unsuspicious eif danger as they were unconscious ol wtottg. About 12 el'clock (the testiuioity tuny xnry from half pa t 11 to 1 o'clock,) the captain wa arous ed by Iho wati-h, who told him that boats filled with men Wi-re coming on board. Soon a noi-c of tram pling nnel shouting was heard, and tho men, arnti'ol Irnm their -lumbers, rtislud forth, with what atticles nf clothing wero at hand. They rushed for tho com panion way. Iho gang way, nnd every avenue that might nlliird chatt'-e of escape for 'heir lives some were su foitnn.ite as to escape others were met by armed men, who thrust at them with swords nnd pikes, nnel though cverely woimdeil, yet they escap ed. It h but too probable, Itcntloine'ti of the Jury, that there wtro others who, alarmed at tha sudden onset, I y the cries nnd shouts, by tho fiting of pistols and the cries of "No tiiuricts," nnel nppteheiisixe of being put to death, accreted thcmaclxes around the ho ler and other places, nnel came fotth after their ruffian!) assailants had left, only to meet the rushing of the Mantes, and listen with bewildering horror to tho roar of Niagara. Hut, liciilleinen, those who had escaped from the boat, h,d not thereby iscnped from elanger. Some who had ci-cape-d their assiilants on tho deck, were pursued into the) warehouse, which was searched wilh hghls to asccrtniu in the language of them selves "if sour-of thed d Yankees were not there." Amos Durfee, whose sad fate is tho immediate cause ol'your being empanaclled was found on the wharf, some lemr tods from the boat, wilh a ball shot through his head, the cuu or pialol being fned so near liitn, tuat the cap on his head was singed with tlie ll.iino o! thugiiii with which ho was shot. He was doubtless she t at the spot, nnd died instantly of his wound. It will appear before you gentlemen, that the assailants ixho co.nmitteel tins Woody deed, were a band of irmed men, letwecii 40 and GO m number who came from iho Canada shore. It will appear, that it was n secret ami vuluutevr expedition gotupfor tno put pose ol destroying the Caroline. At lint lime, gentlemen of tho Jury, there waa on the Canada Bhorc an army of 2S00 men, who were collected on the! occasion of the seizure of Navy Is land by a boely of insurgents. They were avowedly for the purpose of lepelhngaay inva-ion by the insur gents. Krom Ibis time it lias been allegeil, that it was a transaction more of a military than a civil character that bung so organize! it was not to be govtrned by Ihe rules which prevailed in courla of jus'ice where theovil and iiunicipalliwnloneprevails. It is right gentlemen, that jour min.ls should be disembarrassed from nil questions of that kintl, nnd to that ci i J 1 pre sent tin- case broadly in order that when the evidence comes before you, you may see its force anil beating upon the onse. I will thetcfore submit to you the de cision of the Supremo v ourt of this Stale in the case-, given on a statement of facts, submitted by the affida vit of the prisoner himself, A decision given nfler nn able nnd learned argumenlhy the counsel for the pris oner and after gteat deliberation, which has fivcti great and law Illinois lo theju'Iiciary of our t.ite. After that ilcc.sion, that ii cstion is entirely disposal of, and tlieepiislions which it is your province to dec-lie', ate distinctly pointed out lo you. .Mr Hall then read the very ablo nfia'on of Judg Cowan, dehu'rod he fire the Suprcnie Court ill New York, winch has ahead)' been published. Mr. Hall then continued Ci inthmien Let me now call your attention to what has lie-en derided in the case. Tho Supreme t 'ourt h is elcc ideal in the 1st nlacc. that il was not to he yoierne d by the laws of war, norbv tho laws of Caua la, I ttt y emr own civil laws. Therefoic, the qui s ion before u- contains nothing more than if one urn had killed another anil was put upon his trial for h'lnutder. It e-onies under the iirgainzance of the samo laws under which we all live'. Il has heen e!e i I el, in.l , that no order from the l'.rili.-h Oovern- ui. lit can i i stify. exeiiss or palliate'. Another point is, tint in order to excuse the net on the ground of selfdefeiiiv-', or deli'". hug the eamntry it must have he-en elone to res.at an immediate, dangerous and pie sM.n ' as neilt. . 1 lie oiunce was co'nmiiico againsi o r laws aionr iidn.it ii j vest the laws of anv other country. I'lood ,is hes-n shed unoii our s-,il, mnl we nro responsible font anil no other p-ople i mil if be cannot be pun ished hire he -niinot he punished in Carta l.i. He has .id, i eel no lew of I'.anad.a, no law of the f niteil Ststi's. Here ami lieie alone Ilie' avenger of hloeiel calls upiti vou, if h b? proved guilty, lo answer for the blood shed, wilh the blood ot the prmner. 'lit -So .rt'ine Ceiurl p.-ncecils on tho oath of this prisoner. assuming all the statements to be true, anil lakes rei'itid that Durfee; was m .aims at .savy Isl mil n.-onsi tin. fbn.iihans. This nlae i's the prisoner in Hip same sitiriti in as if Vnu U-nsclaer or any o'her atriit tienernl 1. 1 1 hi en killed instead of Durfee. Hut the ti'stnnoiiv w I s'.k-a- vou that ihe man killed hail as httlo connection with r as yourse lu-s. It will shiwn that he was in no wise cinnei'led with Ihe insiirg'nts, lint tint h; was there in pursuit of his own lawful b sines. The only epii stioti left for you to deeidu is, a ques tion in fact, was ih." prisoner on of the n as.uluig par ly in the ile!rii'-teon of tlio Carol.ne, and killo I Dur. el To that "ingle point you nre limited. The questions of law have li'en etci'iileil hy the ftiipreuie llourt which nu an-l this Court an-l all if in are boun I to obey, audit i for you to hear in mind that the Ii stimouy e.s to any other point linn proving his presence at tin eene,'is to be thrown nsi-lc n. tend ingoiily to emharrnss vou. The ei'iesiion then is, was the prisemer one of the party who destroyed the Careilinc 1 C'n ibis point wo will examine numerous witncssis, s jme of whom say tint amongst those who were avowedly of the cxp"el.tion ihcpti oner bus ileclareel lie was one. c win snow ilia' previous to ihee-xpedition the premier was one of thus,, most acnvi-lvcngaee 1 in gelling II op. Thai the day before ho welit lo Huihl 1 to ascertain whether the Caroline w-ns coming down to Schlos-er. Tint he look a eleep and active interi'St 1 1 ilie nitair nnel 1i1.1t em tuat very evenini' hewas ciii!a''e-d ciilistin' persons f,r the cxpeJitiun. Th it on i-ewral uecnhiun. ho cihi'-ile-el n sword, nnd peiiutiiiL' 10 lil.mil upon it, sni.l that iriv Hit lihn.1 ur ei it tiiiiv.-e. Our witners-s will prove that thev sa y liitn go wilh the boa's on the cx" .edition, and inhere llint they saw him on his retiiiti fieuii it. Sui-h is the nature of th testimony allowing you what n.a't the tuisjncr took ill the c.xt'i'ili'ion lode-- Hoy the Caroline, in whiih .mo Hiirf.e nut bis I'alli. Little now remai'is tor me, 1 111 In lay ilowii fi'wsiuiii'enropis.l oas, which vou will keep in yemr minds ill oreb r that yn may proji.'r'y judge of the weight of evidence. Having nnv str.'ppcl the cas- of nil e.xlr'ini'oiis .ami foreign law', we come to try it by our envn law, as ii has ,ecn administered sine" we have be-n a ."star inJe penile nt of Kngland, and as it is adiniiiisteriil in Kngland. "Lvery liomiciile is presu.ned to he malicious, nnd heref.iru murder until the contrary appear. It is for theae-euscd to show any matter of junitis-ntion or ex cuse. I. I'ropos.non Hoscnr s l rinnnal I.vulrncr, B5r The inahce iieee s ary to con -litute the i-rime of iiuir" eler, is not coiifinfd in nn intention lo lake away tho life eif the dtcrasi'd, hut iticl elrs an intent to do any mlawlul act win n may prouauiy eiiei in eicpriving ihe pirty of life. t. I! ackstone's Commentaries. HO. The malice prepni c, ras-mial lo murder, is not so properly unto or maiev'ueiie e, 10 inr 111 imuu-ii 1:1 p-ini. uieir, ns an evil elesign iii gem rnl ; the tbctatu ef a wicked, de praveel and malignant mind. .11 IVlIVlrt- II .'l ,1111' s, ,, ,1, mr .--,u,. :t l'l-onas tio'i If aii a lion, unlawful in itself, be done ilehberalely ami with intention nf tnischief, or great oouuy nnrni 10 pen iie-iii.us, ui 01 iiusi loci iiio.s criminatcly, fill whete it nny, and death ensue, ngaiuir beside the original intention eif ihe party, itwiTPHie muruer i 11 ". same pr' posiuon niu. 4lh Proposition HoseoeOlO In order to convict the prisoner of murder it is not nece.sary to prove that tin ntsi mow was rnen 1 y ma nnnti. I1.C C.2I If ho vt as present, onlering nnd nbel tinirtlipnct commit) he .a n principal ill the felony. I he presence neci 1101 o-, i.iijiin ncuni immeuinie standing liv vvillrti uglit, or knowing 01 tho tai-t. Poster. 310. If several poisons set out together, ot in small panics upon one common ilesign, 00 11 iiuir ,lnr or other fei'onv. or fmm any other nurnoFC nn lawful in ilsi'lf, niul each lanes the part assumed him, aomc commit the (aeis, others to watch nt proper dis- tan' es aim sinuous 10 picic-iu 11 suepeisc, or iu iu,or u nee-el lie, ine eac.itpe 01 tuuso wno arc more mi- tne-eliately engaged, Ihey are nil, tf the first bo com ml, in tho 1 vu of 1 lie law, present 11I it, Rend also, il.e Tessinl liuut-heiiise case-, I Hnlc, 1', C. 4G6. Thesearo tho IMiuciplesand rules of law, which tuusl uovirn ihiscase. There can bo no dispute about them. I liey are principle well es-lalilislifd j it i- only for you lo apply these princip'es 1 f law, and if thu evidence brings tin prisoner within the lull view of the law, you must finel htm gi ry. Iteron yem find him guilt)', you miis be satisfie d of the facts ; 1st hat Anns Durfee was killed. 2el, thai ho was killed in Ninnra eounlv. 3 1. by n ustol or miifkel shot. or a weapon of a similar character, -lib, that he was Villiel by the prisoner, otu, or mat nc was kititu ny l nose l.e w.ta len wineiv nioin " or noeiiim:. 11 cull er of th-se fans are Ktubliihed, )our veidict must be one of iniihv. I have endeavored to place the leading fcalurca of thiii ensebfforc von. hol ms to law mnl as lo fact, so f ir tend no farther that it might bo uudcrsluod lo ap ply to the evidence. The imerests C' lnmittcil tn your charge are of in expressible impor'nnre. Hy iho prisioner his life is ill vn.r hxnils. Hy llw people thuy limee cnnimit tes 1 1 you the vinihcaiion of those B on W1K., H our lives eb-penel. If the prisoner is proved guilty and vo i finel him innocent, you will sap the cry founda tions nf justice, OiMiileiiien, this dial must necessarily he long, i0. di'ius and painful, U l nm urge you to arm yourselves with pali'Mici', na you would rnn'ult )"ur own future peace. This Irinl will bean epoch in vour lives. You will think of it on your firms -nt your firesides and in your wav-side wnnderings through the world and when the lastdrcnd heiur nf review ariite, when your past lives and reminise'cnces nriso beforo you, when tho daik llioigs ofllna vvorbl are about tube illuminnteel by a light from eternity, this trial will stanel forth as one of your most important ac's, and iho greatest and moat solemn of your responsibiliiies, Jf from fear, favor or partiality, or from any other weakness,- 'f through osetliyo'king Ihe law and test't mony, which vou are hound to observe, bv the sol emnity of your oath, if by nnyiitiwarr.atiteil as limp- uon you niiempi lo uccmo upon tno cxpcuiencyi ui this trial or couvictum, the coiitilcralion of which belongs to the K.xccutiir. if by any vain picsutnp tion you attempt lo weigh the consequences, which bolong to god alone, if from nny or all of these causes you find a lalse vctdict, at that last dtead hour, Joti will bitterly b. it vainly regret it. I have but one more word lo say to you. It is to conjure you, duting the whole of this trial, at the be:- L'innmg to the end, nnd evety stagoof it, lo keep be fore you as if written in leltits of fire, the words, "lie just andcar uot." Wo give the ttbovo opening speech, as roportecl for the Journal of Commerce. The public prosecutor proceeded to call his witnesses. IVr Willliam Wells, owner of the steamer Caroline, xvas sworn, and testi fied to the circumstances of the destruction of the vessel by a party of armed men, who boarded her a? she was lying at the wharf at Sclilosser.froni four or five boats, and to the death of Amos Dnrfco. Witness had been asleep on board, was below in below in the cabin when the boat was boarded hy tho assailants and had some difficulty in making his escape He wasquestiotied also as to tho service in which tho boat had been employed. On Tuesday tho evidence on tho part of the prosecution was continued. Eight wit nesses wero examined with reference to tho circumstances of the attack, five of whom were on board thu boat at the time, and the others at.tlie tavern at .S'clilosscr. Tho facts as elicited by this testimony were much the same as those which have heretofore been buforo the public : there arc but few new particulars. Capt. Appleby, the comman der of tho boat, is the only ono of these wit nesses who makes any attempt to identify McLcod as present. His evidence on this point, as reported fur tho .-ilbany Journal, is this : I saw the man who made a thrust at me wilh a sword on hoard tho boat j a lamp was hanging two or three feet from thedoor ; at that time iitppostd Ihtmnnlo be McLcod; I hud been introduced to him a few elaysprevious ut the F.agle Tavern, m Hml'alo ; I was examinee! befoie a magistrate at Schlosser the day after thealTur j my attention was particularly drawn to this point ; I then said I thought is was Mc Lcod, but it was all done so quick, that I could not be icrtain. Un the cross-examination ho added : At the same instant the thru-t was made at me, I drew buck to avoid tho blow ; all was done and the doorahuinboost in a moineiit ; I did noi distinctly mar', the features of thu man j I do not now say it was McLcod. He received no injury from the sword thrust alluded to. Ilo testifies further, that since the night of tho attack ho has never setmor heard of a boy called "Little Uilly," who had been on board the boat ; but on the cross-examination it appeared that he had nut seen him since tho bout last left Na vy Island. These witnesses apreo in stating that there was but one gun fired from tho American side that that was discharged nfler thn boats had left tho shore in such a direction that Durfee could not have been injured by it. One witness indeed, testifies directly that ho saw the gun loaded, and that there was no ball in it. Two other witnesses were examined who were on the Canada siele at the time of the attack. These witnesses wero introduced, to show that McLeod went with the boats. That part of the testimony of Drown, the first of them, which bears on this point, is in these wortls : Samuel Droien, sworn I know McLeod, I had known him three years prior to 1917 j I first knew hmi at St. Catharines ; he hvee! at .iagnrn, 12 miles o I'; I used to see bun ve ry frequen ly j he waa deputy sheriff; 1 saw him act in that capacity at the courts) saw- lu.n ve ry often when I lived at Chippewa j sute him at Chii'peicathe day and erenng n'or lo the turning " Ihe Caroline ; saw him thu night nfler the Caroline was on fire. Altt r the return of the boats from Ihe destruction of the Caroline. I was close by ihe nu n when they disembarked ; should think there were 10 or 1 2 in each boat j I fIiouI! sny Mct.rut iris one of t'tnn; I was about 10 feet from the boat and from McLeod when ho gol out i the men went up to Davis's I lve-rn in the village i I went along with ibem , they were talking wilh others about the ilestrucii-mof the Caroline ! lin y stopped in front of thelavcrn ; I ' elieve there wero lamps lit in front of iho house and others in tha house, 1 then iw Mel, rod ugriiii il Was then within eghtor ten feet of him -, he s ooel about len feel from the door ; I heard him talking 'o the slanders by; am at sure that it irus McLtodas 1 am Hull he nmt sits before me. On the cross examination witness stated that the night was dark and there was no light near when the boats landed. The other witness, Corson, was at the the tavern aficrtho men had gone up from landing. He says I next saw Me Leod about 9 in the evening at Dav ts's tavern ; he was coming out of the bar room as I went up:did'nl observe ns he wns armed ; one man went out wi n mm ; 1 ng.un saw mm nexi morn ing about suntisc on Davis's stoop; quite a crowd was around him ; he stooel on the platform teling what was e'one on the Caroline ; he said "he guessed thry irmtld not leant to see him orer there again reiv soon ; he had put one dd Yankee out af Ihe ir.it ;r' I can t reccollect any oilier parucuiar expression ; pcisons in the crowd around him wcrealso boasting of having been in Ilia expedition with McLceid ; no one flic re disputed McLeoel, orsaiel he lieel : After the examination of this witness tho court ad journed till Wednesday morning. xv uac noc ruoiniur toe ic-biuiiuoy in uciini. SECOND DAY. Thn New York Sun Kxtra 'ives us the sec ond day's proceedings opto half past It! o'clock. I he witnesses, examined worn watuei j. .mow- art and John C. Ilajjgarty, who were bleeping on board tho Caroline tho night she was eles. trnyed, James i ield, inn. keeper at Isclosber, and Henry t'.mmons anet joiiii natter, wno were sleeping at Field's house when tho attack was made. Ilaifgarty testified lhat a man, whose name ho did not know, was shot down on hoard nf the boat while standing by his side. Durfee was shot on the wharf. Stewart testified that nn resistence was made by the persons on board nf the boat. They wero all unarmed. 7 lie nr. der given by tho olliccr of tho first boat that boarded was, "Ouard the gangway, and show the damned rebels no quarter." 'So far, Me. Leoel has not been mentioned by any of the wit. nchscs. Afliriinon. Wo are indebted to the Albany Kve'iiing Journal for a report of tlio afternoon' proceedings. Oilman Appleby, Samuel Drown, and Isaac. 1. Coreon were the only witnesses examined. Mr. Appleby commanded the Caroline at the lime the was destroyed, lie gave an account of the matter bimilnr to that given hy either wit. ncsscs. and testified that while swimming in the river, eiiileavoring to make his escape to tlio shore, he was struck at wilh a (.word by a man whom lie fupporou to be Al l.eod, having been introduced to him a lew days oeiore at ilie l.a cla 7'avorn ill IJ.iU'jlo. Samuel Drown resided in Chippewa, Upper Canada, at the time ot the destruction of the Caroline, and tended bar fora Mr. Smith. He had known M'Leol for tluee years, and cnuhl not be mistaken in his porfon. He saw him at Chippewa the day and evening prior to the bunting of tho Caroline, and baw Into get out of nni! of the boats that had been engaged in the attack. When ho got out of tho boat ho hail a (word hanging by his bide, th was as sure lhat ieJaio M'lirixl as he was that he then saw him sitting Ufore him. Heard somo one ask M'Lcod "how many wero on board tho Caro. line 1" M'IxjoiI baiel a good many. Also heard him say that "there was but one armed man on board (the Caroline) and he blooel tentry." Issue V. Corsor, mister builder, testified thst ho resided at Chippewa attlio titno the Caroline was burnt. On tlio afternoon ol tlio day on which shrA'ns destroyed h.iw McLeod in Alack. Iln'a store in Chippewa, in company with Drew, L'slicr, Mosher, and sovcrai others. Next saw linn at 9 in the evening routing out of Davis's tavern Arraiu sjw him the next tnorning about sunribe, on l),ivis's sloop ; epiite a crowd was around htm ; ho stood on the platform telling what waa ilono on the Caroline : he said "he guessed they would nut tcanl In sec himmer there again very mmi he hud jml one d d Yunkee nut tf the way ;" could not reccollect any other particular expression j persons in the ctowd around McLeod wero alto boastinjr of having been in the expedition ; no ono there disputed McLcod, or eaie! he lied. Ilo saw McLeod a number of times that day, and again two or three daya after ; lie then was coinini; from the bank with a spyglass in his hand ; there was: a great gatheriug on the American side ; ho said the "Yankees wero a bet of robbers and thieves, and lie should like to be on just audi another expedition as the Caroline, to burn JJuflalo." At the conclusion of Mr Corson's examina tion, the Court adjourned to eight o'clock on Wednesday morning. THIItD DAY. Charles I'nrko, a native of Canada, nt tho time of the destruction ot incuarohno waa tcmliug tiar lor Mr. Davis, nt Chippewa. Saw McLeod at Chippewa during tho day and evening of tho otlnck, nnd saw him get into one of the boats that went on tho expe dition to thcAinerican side. Had subsequently heard McLeod tnlk of tho destruction of ihu Caroline, and heard him say, in purport, that be had killed a Yankee. Henry Myers, a citizen of the U. S. who had lived in Canada for many years, testified that, shortly af ter the Caroline was burnt, be saw McLeod in n tav ern at Niagara with a number of soldiers an I others. There wns sonic talk about the man that shot Durfee. Someone said "Where's the man I" McLcod said, "Hero he is I'm eVie manl" He then pulled out a

horseman's pistol and said it was the pistol that shot bun. Then ho pulled out his sword, nnd said "there's iho blood of dd Yankee I" There waa blood on the end for about four inches. Was sure .of McLcod'9 idcntit). Calvin Wilson, owner nnd keeper of tho Young town ferry, six miles below Niagara, saw the pris oner between the 5th and 15th of Januaiy, 1833, in James Miller s public house m -Niagaia. There were a number of people with him, somo of whom witness named. They were conversing about the Caroline nti.ur, which toon place a tew nays hclore. A Mr. Ilevnocknskcd how many person were killed. Me. Leod replied that lie thought there were not more than three or four, hut ho didn't know but five might hnve I ecu; one ihmg bo did know, ho -aid, that there was one dd Yankee or rebel shot on the wharfs he said something else wlii. h witness e id not understand. He 'ognised the prisoner at the bar as the person who used saul words. ! I jib h. hfTincr, who was n deputy U, S. Mar-hal at tho timeof the destruction of the Caroline, testified mat lie wrut on iioaru ot Iho ejaroliii.. at .Schlussar, and saw no arms ami no preparations for resistance. Askeel thosoon boord how they expected to defend themselves in case they were attacked, nnd thev auswereel that the Caroline wa merely a ferry boat, and was not allowed lo carry arms. .Sclh Hinman wasiu Chippewa, tending bar, when Iho Caroline was ile Iroyeel. SawMcLeod at l)avis'9 a, rem at 9 o'clock on the night of ho .alack. Did not leiceive mac iie.was ariiuei. onw mm there again early in theuiorning, I efore sunrise, hn thooe.Vn Charles Yntes was next introduce!, but as Mia ten. timony which he-had toofler was inertly hcar-ay, he was not examined. William M. Caswell re-i led nt Chippewa when the Caroline was burnt. Saw McLcod al Davis's tavern about!) o'clock em the night on which the boat was itesiieivtel. hnw him again tho next mottling, not fir from sunrise, on Davis's stoop, Was about ten le e' Irnm him. I here were a number around him and they were talking of the destruction of iho Ca roline. Heard McLeod say, in substance, that the Caroline h ul been handsomely cut out. and beanl him use! the words "We made the damned rebels run." Hie mm nroun I McLeod were also talking of their exploits i one saw nicy te.it a man dea l on the wharf. .ttci.eoj nan a i.arco pnioi in his hand. Am n I), ll'itmliv resiiicd a' out two miles from tupp'jiva village in u.'Co iOi-r, 13.17. Siw McLeod the night the Caroline was de-trove-d. at Davis's ; t IV!" n about o eloec. Saw him again early llis next morning, near Dun's house, notf.tr from the bridge that crosses Chippewa creek. Some one came aero s the bridge and ns eel McLeod how they mndo it go last night. He said, "we made it go very well i wo i. i .i , . i J . '. , is.int.-ii uneior ii.u ei leoovii i nimo a anil ui'siroyej the boat." Iln also said, "I have Yankee bloo I on my sleeve." Witness elid not see any bluoel. Justus V. T. Stevens was in Chippewa the night the Caroline was h irnt, and saw McLeoel. It was ubo it lOor 11 cTclo'c when he saw him; be wnsncnr tno .vag.ira river in ine canal about tilieen rods from ine moiiiu oe wicciii; ine men nrounii there were gelling into boats saw McLeod getiutoabo.it that place. The men that got into the boa's were anneal. McLeoel hat! a sword; did mil know whether he-had any other arms. There were three boa a saw no more. I lie hosts rowcilout and l.atJ across the river. again saw .vicL,eoii nn tne return or the boats; saw him get out of one of the boats a short eli tanen nbnvi. the nio'fli of the cut, and then, wilh other men, go lo Divi-'a tavern. The Co rl here a 'jonrnrd until the evening, Jtuh-e uililie-v ereioK en-' eoe.-o in uoiu evening sessions, nil if p issible, bring the trial to nuenil the present week. Our ske-'e'h e)f ihe proceedings is necessarily very -imclt condensed- The testimony is quite voluminous, every witness heitiL' compelled 'to answer n Inmr ... ries of interogatories which do not seemlohnie n"very el irect bearing on the case. We hive given all tlio te.tunonv v.mcn goes, directly or indirectly, to im plicate M' I.eod in the attack on the Caroline or t1 e miireieroi uuriee, anil tin, we presume, is all that most of our readers have any desire lo see. The IR-lcncc. Tlio case for the defence was opened hy Mr, Spencer as follows : Gentlemen of the Jury I will endeavor to open tins delcnce in the manner which has just been suggested by his honor the Circuit Judge, because it is precisely tho way in which every defence should he opened, and from whi ch the. Jury can best appreciate the evidenco to be brought belore tlicm. I need scarcely say that this is a caso of no ordinary importance. It is tho first of the kind that you have over tried, or. ill an prcjnauiiuy, win again ne called upon to ii i.u.,: Ml ' . investigate, n snicmii ntity nas devolved upon you, ami I have not tlio smallest doubt that it will he lolly and faithfully discharged. The defence which we intend to make is two. fold, and I will place it before vou in its double aspect thus early, in order that the Court may be prepared to direct our conduct of the case as il may think proper. In the first place, then, we will inquire whether any murder ha been committed at all : and secondly if that nuestion be answered in the aflirmative, whether Alex- ander .McLeoel was one of tho murderers. Tho first portion of our defence we shall con. duct with all deference to the opinion of tho .Vu- promo uourt, which tno learneel Attorney Gen eral referred to to fully in his opening. Wi are no btrangers to that opinion, nor to the nnos tions presented on the argument which drew iiirtli that opinion ; and if the learned gentle. man opposite realty supposes, as fie said, that the counselor tho prisoner sustained a rebuke when tint opinion was neutered. I ava imvc f id ibis early opportunity to fay that the counsel inr i nc prisoner nave never felt tho justness ol that rebuke. Theru are some things in that opinion which, when I first heard them within this very circle, en upuii my ear as very strange, but there b also very much of that opinion to which 1 listen oil with great plct.sure. That document is ahlv written it contains the evidence ofgre.it re search anil proioiind legal learning, and it may present the sound law of tho case. Hut whnth. or it bo tho sound law of tho cibo or not, and whether tho learned judge who now presides on this trial will so regard it, I know not, but I feel bound to conduct this caso on the broad grounds of what I consider tho true principles of the law, as applicable to it. We shall then, in tho first place, after a few more lacts man navo oeon untlo to appear in evidenco beforo you, insist that thero can bo no such niTenro as that of murder proicd as . ..I- .1.. - .. giuwiii", uuiin niu uusiruction ot tne steamboat i i , .. i i ii uiiruiuie. uri ueru allow tno to bay, that 111 the course of my reading Jimiteel, 1 admit, it huh noun ami in an my experience, I never knew of a similar case. It is now for tho first tune that wo see an individual acting under the authority, and hy tlio order, of tlio Government whoso subject ho was, put upon trial for obey ing those ordurs. This is, indeed, a remarkable occurrence, almost at the end of thn tirst half of tho Will century ! ,l il,0 counsel of Alo.x. ander McLoeid, then, I shall havo occasion to cuiiteiul that there can bo no such thing as tho crime of murder charged againtt any of the per. soiih who formed tho expedition sent lo destroy tho Caroline. And let me here add, tint the question whether that act was a justifiable pro. cceehiig or not on tho part of tho Ilritish provin. eial Government, cannot be entcrtainod by you. The! facts, gentlemen, to bo adduced will show that the party which made tho attack up on tho Caroline consisted of tho crews of He veil boats, six ol thorn containing eight person", and one contain ng nine, anil was made up of firit lh provincial soldiers then on duty at Chippewa lhat Col. McNah ordered tho expedition that ho acted under the authority of Sir Fran, cis Bond Head, the Provincial Governor, who lireclod them to seek out and destroy tho Car. oline, which ho then believed to bo in the em ployment of the party nn iavy Island, who nail there raised tho standard of revolt, fortified their camp, ami opened their batteries on tho Canadi an shore. When this partv was: so circumstanced, and at a season of the year when navigation hy any olhor vessel wa extremely perilous, that came down for the express purpose of being employ ed bv tho occupants of Navv Island, and in their service that boat was from day to day engaged. The boat was then as liable to destruction at Schlosser, as if she had moored nt Navy Island, io far as respected individual responsibility. Indeed it is now proved that eS'chlosser was the very rendezvous of the party of the inva tiers of the Island or of those who were contin ually carried over to the Island, Wo shall contend then, that the boat while at Schlosser was there for as ho-lilo purpose! as if at Navy Islam), and that the British author. ttics wore, therefore, as much justified in de stroying her there as if she had been at the lat ter place, andlake.'cry American citizen if he would have rjgarucu the elelruction ol the boat at Navy Island as an ollence ! Might not the Island have been jubtifiably invaded and the persons so invading it boing chargeable with the crime ol murneror any otnor cuienco against the laws whatever 1 Whether tho insurucnts on the island wero rigiu or wrong is wliolly un material. The Canadian subjects of Great Britian had seen fit to revolt, and with the aid of American citizens had maile oe i war in Canada, and whether they were right or wrong it was a war, and all the rights and rnmunities that belonged to those engaged in war, pertained to them We will show to you, t nt tho government of the United states took the view of the case, tint they took tho cognizat.ee of this offence, and de- man led reparation from the government of Ureal llrilian ; ami trial at a later day tho Brit- ish eoveriiinent acktiowleilrredthc resoonsibilitv ol that act, and declared that it was dune in obe dience to tlio II itis:i Provincial government. and instilled it as a t.cressary act lar the nro. lection of th subjects of Great Btita n in Can- ada. I he I ederal Government then, under the constitution, nad taiten lull cognizance ol mat. Ut, embracing not only the invasion of nnr trr. ritory, but also the destruction of tho steamboat. tho property oi one ol our citizens, and the U king away of the life of another. All those con- siderattons were presented to tho notice of Groat Brilian, and our Government, mindful of the nation's rights, anil reatly to vindicate tlictn. bad detnanad mil aim entire satisfaction for the in jury which our country has recteveel. But the individual wliti formed part of that public force of Great llritam, stamis excused, as he always must, trout an tne coueiiuences ol tns action under those orders. As an individual oilbnder he is not amenable to any tribunal. Passing from this I will now take up another branch of the cae, on which 1 am well pessua. deu the intelligent judge who presides here and mvselt shall have no difference ol opinion, what over may be our respective views of the other features ot the case, and the tenfold more deep, ly interoiting question of constitutional rHit and that is tne point as to whether .1cLeod had any thing 13 no with tne trat paction or not. I am willing and I inter.d to call your alien tion more minutely to tlie evidence fcustaiiiin" that ground of d dot c ', than to that portaininir to the otl erpos tion which we date assumed. He cause ni'j ev u .-ncu susmiuitig niu inner is not in any en-gice; Mistupuuie 01 ui p:le. Kvery wo d ut evidence given on the put of the prosecution has gono to establish our case, and what is yet to come will only comprise what has been shown already. But the point to which I call you now is that Alexander .McLeod had no more to do wilh the destruction of the Caroline, or witn tne Killing of Dtirlee, than ei ther of you, gentlemen ot the jury. Not any more. And I speak with knowleihrn nf tin. r.l and will satisfy you that what I have said is ful ly and literally true. I confess that I am somewhat surprised by eiiu ii-auim ui niu 111-it i ijicii we nave seen. I anticipated tniicii greater strength on the part of tho prosecution. I wil! say to the Attorney General if I am honored wilh his audience I will say to Ins associate, that I am astonished at tlie leeo ene'soi tneir c-tse, conducted as has been with such an array of talent. Willi out mailing any extravagant pretensions to that sort of bkill in matters of that kind, yet I would venture fearlessly to enter on the argument 011 the evidence, as it is now beore you, without tho slightest ilro.111 01 a verdict against my cli ent. But I am not at li'ierly lo play at hap'.tiaz are! in ouch a case as this. I have hen to ,!o loud a man whose life is as dear to linn as yours is to you, and to wnoin you are bound to give a fair trial, a patient hearing, and a faithful and i npartial verdict, just as much as if U werejan American citizen. 1 ask no favor at your hands because he is a foro:gner. We expect iiotliint' wlntcver from your Hands on account of the difficulty in which your verdict may place the governments of the two countries. Wo ask on ly that you will listen lo the evidence, cautious, ly weigh it, and then pronounce whether Alex ander .UcLeoel is a murderer or not. First, then, we will lay before you a mass of evidence taken by commission under tho order of tho Supreme Court, which, singular as it is has been attended to in the execution by "eutle men on both sides. And hero lot me remark, that the opposite counsel have enjoyed all the advantages which a period knowledge of our whole caso could afford, while wo have been kept in profound ignorance of their's : yes, had they enclosed their case in tho hecatombs of Ilgypt it could uot be more vigilantly concealed from our view. None of the new witnesses who are relied on to tustaiu the prosecution went before the grand jury. There may be a few exception--, but I believe my as-crtton will bo found to be correct. And permit me to add. lhat in inv judgment if this case were tried as often as the moon changed, new witnesses could be found to prove the eae as slrono- as it lias been prescnlcd on ibis trial. lut "1,0 commis. Miotis havo been returned, and the evidence will bo read before you. With a great ileal of pains and perseverance my respected colleague succeeded in findiner some men, more or less, who were on board ol each of the boats which formed the cvnedition ......i,i,.r 1 1. ' 1 .Itemise, leic vv.liuooc. I N Vl u or so oi our witnes- si-sue of this description. F rat on thep.tr: 0 ill- defence wc have Col. .UcNab who proves tho is. suing of the orders to Capt. Drew tlio individual who had charge of the expedition. Col. .UcNab slates that the expedition when planned was a profound secret , unknown to nny except himself and one nr two confidential officers. The party collected on tho shore and went on hoard the boats, and then the purpose of tho expedition was declared, when the party was on its way to ac cotnphsh its object. When the expedition returned, Col. McNah ordered a list olall tho men engaged in the ex. pcdition to be maile out, iiiteiidiiigtii bestow up. on them some mark nf approbation for their liar, ihhood and successful conduct of the expedition. And here let me say, that hoivovcr we may re. gard this transaction, tho Provincial Govern, menl of Great Britian looked on tint as a gallant achievement. But whether they rightfully or wrongft lly appreciated tlio undertaking is per fectly indifferent to us. To return, howoier. In the list Cus made nut llm iiamn of fi.t nnA . I- cueiur viexaiKier or Angus does not appear. Colonel McNab also says mat no was on tno biiofe wlion the oxpedt. tion embarked, and that ho did not see McLeoel whom ho knew most intimately. Then oicry boat's crew was acquainted with each other, and they respectively testily that.UcLeod was not among thorn. And it wasBuroly likely that the members of every littlo parly would know each other. This is in stibstanco the ov denen w-hiei, wo have taken on commission, and that will be first laid before you in our defence. You will mien to tnai reading with attention, lthough it may tint bo bo satisfactory as tho evidenco of witnesses who would ho before yon personally. ISut wo will also produco boloro you living witnesses who w ill speak of what they know. Hy a Mr Hamilton wo will show that tlio Key- nock of whom Wilson spoke as being present Willi .McLeod between the -1th and lfith of Jan. usrv was absent in I.uropc, and could not pos. snlily have been present at the place described bv Wilson. With respect to (luiiuhy, we will show vou that a short time ago a letter was re ceivcd by the post ina-dcr hero from a gentle man ol respectability 111 warren co. t'.i., wno hearing of Quunby's intention to come here as a witness, and knowing his character, wrote a warningas to Ins wortlilesiiicss : anil acting on tho information, I wrote to two worthy citizens there, who have come here to speak to uutmiiys character. This Qtiimby you reccollect is the fellow who sold his lotd of hay and went lo got payment before daylight ot the commissary Wo will then show you, gentleman, tuat Mc Leod was at Chippewa, at Davis's tavern, on the day of the destruction of the Camline that ho went to bed early, as he was latigucd, having heen one of the party who rowed round Navy Island. 110 remained in bed till sun down, wuen ho rose. Wo will then show you that he went in company with Mr. William Press, thou living at Niagara, anil now keeping the "Hamilton House 111 Hamilton, Canada and in Ins compa ny McLeod left Davis's tavern and rode to Stain ford, abont live miles distance, in a very bad state of the road, whore ho got out of his waggon, con eluding he would tarry over flight with Captain John Morrison, a retired British olliccr in Cana cla. lie left Chippewa in company with Mr. Press, aflcr dark 011 that day. Well, ho got out and went into Captain Morrison's and wo will show by that gentleman's evidence that McLcod came to his house that they sat and conversed till about midnight that then they retired to bed lhat ho (Captain .Morrison) rose early 111 the morning as was Ins custom that .Mrs. Morris, on aruse and their son a little boy of 13 years of age that the lad went down to the gato 111 front of the house tint he saw there two gen tlemen, who stopped as they passed, and asketl the lad to call his lalhor that Captain Morris on went down, and there found somo ono whom I don't now remember, with Colonel Cameron who lives at Toronto, and is an elderly gentle man, and is not able to be here tint these gen tlemen asked Morrison if ho had heard the new and on receiving his reply in tho tmgetivc, they told him of tho burning of the Caroline, anil gave him as a trophy a fragment of the boat which they had found 111 an eddy below the tails Capt .Morrison returned to the hou-e anil found Mr. .McLeud at his toilet, and tohun he told tlte intelligence he had just reacted. McLcod wished to go immediately but was prevailed on by Mrs Morrison to remain for breakfast Mrs .Morrison will show this and also that Mr Mc Leod's boots, which had been wet, were placed at the kitchen lire, where they remained all night, and 111 theuiorning were put on dry by htm. Miss Morrison also, step daughter 1 be lieve of Mrs Morrisson, is also here. She i an intelligent lady, and she will corroborate the testimony of her relatives. To recur to the testimony of Press to show that ho cannot be mistaken in the day, he says he was at Chippewa but once that winter. lie lived at Niagara, where he kept a public house, and he bays that ho took two passengers Iroiti his house that day that their mines are on his books, and the compensation he received from tlictn entered upon his cash book, under date of ,,(Jth December. But farther he will tell you that he heard of the destruction of the Caroline on the next day about 10 o'clock thus fixing beyond all controversy the day on which Mel Lend was in his company. We thus take McLeod from Chippewa early in the evening to Capt. Morrison's whore he pas-ed the night. Thou in the morning ho rode to the Pavilion at the Falls, and during that tune we have no evidence that any one saw him b'.t at the Pavilion he fell in company with a per son who ts here an nfiicer of the provincial Government, and from the P.iv ilion he rode with .1cLeod to Chippewa, conversing about the destruction of the Caroline, and they reached Chippewa about 9 or 10 o'clock, and then roth up the Niagara rhcr to where Capt. Usher lived the gentleman who was murdered at his own eloor, and 'vlulo on their journey they wore tired on Ironi Navy Island, 0110 ball falling directly al Iho edge ol the river, which was handed to elcLeod when he was returning. Shortly af ter leaving the Pavilion they mst a gentleman who also is here .1r. .1cLean, of .Now York, who had spent the previous night at Chippewa, and in company with another person was ruling down iho Niagara raer towarel the Falls, when they met .1r. .1cLcod. whom .1r. .1cLean well knew and Ind seen in Biifialo a few days belorc when i.r. McL'.'od was assaulted there. Now gentlemen of the jury, tins evidence will be laid before you, and I question if it will be at all necessary tor you to embarrass your minds with tin- examination ofthe previous question as 10 whether murder was comiiiittcil by any one, hut that on the contrary, you will bo re". joicedto find that jou can return a verdict that ihe prisoner was not guilty because he had no participation in the nutter.- 1 know it will re- joice yeur hearts, as it will those of all true American citizens, that McLcod is innocent of the offence. And here gentlemen, let ine ask you if this evidence which 1 have described, be true, what will you think ofthe testimony you have heard. Will it not be found irreconcileable from begin ing to cud ! Must it not then be admitted that tin-bo men must cither have invented these stories, or been misled by heated imaginations ! Our witnesses are not surrounded by darkness their observation not limited to a sinlgo mo mentary view at the dawn of day, or in the gloom of midnight. They have been in company with the prisoner, and could not be mistaken. Their evidence, then, must be all perjured, or all true. And 1! all true, then you will not have the slightest difficulty m pronouncing the verdict that justice demands; one wlnco is due to the prisumor to the nation whose subject ho is, and to tho .liiienc.111 people. Tho learned gentleman then concluded, after occupying three-quarters ot an hourin his open, nig and as it was now 111110 o'clock, tho Court ailj'iiirnetl till next morning, at the usual hour. -- - e. - ' FRIDAY JIORM.NO, OCTOHKR, 13, 184 1. TRIAL OF M'LEOI). Wo havo not yet got tho veidict of the jury, but tho caso may b considered as de cided. Tho government witnesses do not muko out a ca.e for conviction ; iudepeii danlly of which the testimony for the prison er, although tho fact to ho proved is of a negative character, is very strong and con clusive. Tho opening argument of the coun sel for the dofonco is able anil satisfactory, anil as far as tho hearing of testimony has gone, tho opening statement is fully sus tained. Wo had supposed it probahlo that thero would bo so much conflicting testimo ny that the jury would not ngree. But wo do not see any room for two opinions. Tho testimony had closed for the defence, and theargumcnt was progressing on Monday. It was understood that the cast would go to tho jury on Tuesday. Maryland. Tho lato election in this stato has resulted in tho election of a loco foco Governor and majority in tlio House of Delegates. Tho Senato is Whig. The vote on both sides is far lest than it was at tlio last presidential election, hut tho falling olf has been much greater on the part of tho Whigs than of their opponents. Till: NF.W CABINE-t The appointment or John C. of Wo do not know of a man whose, SLloa for that olT.co'would hnve Eivei. more Etri. oral satisfaction. lie is one of t)e flrmest Whigs in tho country, a gentleman ol com manding talents and influence, and of great popnlaiity. In niakingchoicrtof Mr. Spen cer, tho President has consulted the feclingi of tho party. Tho gentlemen -ompojing the new cabinet aro now beforo 1 1 1 0 Country, and whether they are oqual, or not, in Ikim oftalonts to thoir predecessors, they are wor thy of all confidence. Let thn administra tion receive a faithful and vigorous support from those who brought it into existence, 10 far as it is conducted upon whig principles. Haniisomk Compliment. The citizen of Woodford county, Kentucky, have recent ly stamped pretty emphatically, the false hood of tho maxim that republics nro un grateful. They havo purchased tho farm on which tho Hon. J. J. Crittenden was bom and mado him a present of it. The price' paid for it, was $17,000. DnATit oi' Daniel C. I'avne Thii- person. the reputed lover of Mary C. Ro--gers, was found dead at Ilohoken on Friday. The Express says, "I'uyiic, it is well known, was a verv intemperate man, and since the death of iMis Kogers I10 had become even nioro so than usual, having been rarely seen since that time 111 a perfectly sober slate. lie had not been at his lodcins linco . Tnursday last, and no trace of him had been discovered until yesterday evening about 5 o'clock, when hu was seen by rf man who was going fishing, sitting en a bench in il, woods at Ilohoken, cloto to thu spot where tno uouy ol tho murdered girl was found. 1111 appeared to ho either dozintror tea be n intoxicated as to hj scarcely able to sit upright soon alterwaro's lie was seen to fall back wards, and when the person reached him ho was dying. Hewas immediately cnnvpvril to a house close by, hut buforo they reached 11 no was ueatl. .S'everul papers were found tinon his ncr- son, but none, so far as wo can learn, will no likely to tluow anv light on tho nivstprv of the murder. They were principally me- inoranuunis lie liaej written down the dnt of every examination ho under went beforo Ilie Mayor, and probably tho last he evor wrote was in pencil on thn back one of th papers, to the following effect : " am on tlio very spot God forpive ma for my misspent time." I ho general impression is, that tho un fortunato man has fallen a victim to his in temperate habits, and his death was caused by delirium tremens, and such will probably be the verdict of tho jury. From Florid,. The news from Florida, we are gratified to learn, continues to be cheering. Wo have been informed bv an olficer who camo passenger on board tho U. Mourner beaufort, arrived yesterday, from 1'il.itka, that tho Indians wero coming in at Vunipa so fast that tho commanding of ficer would he obliged lo ship them off soon. Col. Worth continues sanguine that ho shall shortly bring about a termination of difficul ties in Florida. The observations of our informant leads him to believe, that thn prospect for such a happy result was never better, than at present. Savannah Rep. From Texas. Files of'IIouston papen to tho Oih September have been received at New York, twos rumored that a band of Mexican marauders had crossed the Rio Grand and wjre about to attack the forces. of Messrs. Kinney and Aubrey, but it was supposed that the latter wore well prepared to defend themselves. The Presidential flection returns were coming in. No doubt General Houston is elected bv a verv laree majority. The vote of Burd county was, for Houston aijl ; Burnet 29. In Page's prc cint, Houston 23 : Burnet 1. Penn's Dre- cinct, Houston II; Burnet 7, and so on. GItOGAN. The St. Albans Messenger gives tho fol lowing account of Grogan's treatment while in the hands of his csptors as, related by him self, since his, discharge. "Ho represents his struggle with the mid night ruflians beforo thoy got him into a waggon, as very severe, during which hewat badly bruised, and received a bayonet wound in the hip. When his captors had got him into a wagon, ho was laid on the bottom, without any clothes on, a couple of bayonets wero drovu into the waggon, one each side of his neck, and with three ofthe wretches siV ting on, and one on the seat with itic driver with a musket pointed nt his head, was taken to Chirenrevelle. Hero a pair old panta loons and a shin was put on, and llicnco he was taken to Missiskoui ll.iy. On ihe way ihilher ho was very roughly handled,- and.' tormented every way imaginable. When he arrived at the Hay, hauilcuiTs, fastened with a lock, were put on, (which being too small caused much acute pain,) and ho was then put into tlie guard house. Soon after was taken out and arraigned before some of ficers, apparently, under tho government. Tho only question asked him, was his namo. He was taken back to the guard hoi'sc, and thenco to St. Johns. On 1 lis way thither be got somo clothes sent him by his friends on this side tho lines also a litilP money, wilh which ho tried to buy something to cat ; but his keopers would furnish him nothing, even when offered pay for it, nor did he get any thing lhat day or tho day after, except a part of a fellow prisoner's allowance on tho first night nfler being lodged in prison. At St. Johns hu was lodged in a stall, as he ima gined, whero ho passed a sleepless night suffering severely from tho bruises and wounds he had received. In tho morning, weak nnd almost helpless, from loss of blood mid want of food, he was dragged out and J hurried with much roughness to the rail-roar