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1 2 3

CoV,5

COURT (

% }..

TRIAL C
TH

Athftll
ley took h
JudgM Wl
Court.

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H«'l, B»<1

AiM>rney'

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•nthe

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ley, E-qi

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Court •>*

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fi»r ihe I

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Mr. I

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aadd<

TRIAL

ALEXANDER M'LEOD,

rOR THK

S.m(i9 B) W" ^ff MM Ot,

COURT OF OYER AND TERMINER OF
ONEIDA CO INTY.

Monday, Oct. 4, 1 41.
TRIAL OF ALEXANDER McLEOU FOR
THE MURDER OF DIIRFEE.

At h«ll pait 9 o'clock, his Honor, Judge lirid-
ley took hit leiit en the Bench, together with
Judge* White, Kimball and Junei uf the County

0(i behalf of th« proeecution eppeared W. I..
H*'l, E»q. Attorney Oen»'ml, Tim. ihvJ«"li»ni,
Ei-q , Ditiriot Attorney of ihit county, the Dutnct,
Atutrney of Niagara coun>v. J ''• Wood, Eiq and
beih L Hawley, E»q of Buliiilo.

•n the part ».f the priioner apiieared Joithua C
8penc«r, E>q . and C. Gudner, and Aivin C. Brad-
ley, E-qe , ot Lockport. . ^ u .1.

Atter the court, b«r and jurori h«d taken tneir
■cate, th« public generally were admitted to the
eitent of ihe cupacityof il«e room (wnich la great-
er than that of any court room in your city) and
in doing which a remarkable n^gree of regularity
end order were preserved. Judge White l)ri»fly
■tated to the auditory tht> nect- wiiy of Mtnctly
p>eaerving order and itlence, and no diapoiitiou
wna maniteitted by ttie audience to disobey.

Tbe Crier tben opened thr' iJin uit Court and
Court of Oyer and Terminer lor Oneida tJounty;
and bv direotion of Mr. H^ll, Atuirney General,
called the name of Theodore Snme, a witneia
for the proaecuiion, who not antwering, Mr Hall
moved tor an attachment ugainai him, which waa
forthwith iasued.

The priaoner, McLeod, waa then brought in,
and placed by the auio of nis counnel. Uia ap-
pearance indicated a man who had lived well, and
lett much at eaae.

Mr. Hall 'ben called on the trial of McLeod,
and the counael fjr the prisoner expreaaing their
readineaa to proceed, the prisoner waa arraigned
and informed of hia rigttt of challenge. The clerk
then proceeded to call the iury. '1 he firat juror
called waa Charlea O. Curtia, of the town of Parw,
and he not b«ir<g challenged by the prinoner'a
oouneel, Mr. Hall akked him aeveral queationt, aa
follow«>—

Mr. Hall — Hare ytm formed or expreased any
opinion aa to the guilt or innocer.ce of the prii'
oner 7
Witnaa a I hare not.

Mr. Hall— Have yoa any eontoientioua aera-
ples to finding a verdict in a caae involving life
and death?

Witneaa— I have not

Mr Hall then prooatded to aak thn iuror a

quaation relative to hia viewa of the public pnliry

I'volved in the caae ; to which thn witneaa rcailt-

y anawered that hia only view and oviah wmh that

juatice ahould be done between tha priaoner and

the people— nothing more.

Judge Gridiey, however, deemed the qneatinn
altogether beyond the pale of neaoaaity or of ro-
eulaniy in the challenging «tf jumra ; and Mr.
Hull withdrew it Mr. Curiia waa thun awom aa
a jiiror, and took hia aeat.

Edmund Allen, uf Aognata, wa« next called—
the two firat intermgatoriea above atated wor<*
propounded to him by Mr. H 11 ; he anawerr d
both in theneg«tive,and wtatiMora.

John Alott, of Sangerfic-ld. (a landing man in tho
oonnty, \ery inielligont and influenliBl) was rcxf
railed, quentioned as to hu Irt'edum of bias, &o ,
and was sworn.

JnH(>ph Cauldwell, of Whitestnwn, was next
callfd, hill owing loconBcifn'ii.iiMbi:niple«Hg&iniit
the takiiig of human lite undor the law, h.< was
direcitd ny the court to htnnd nside

Ahhky hill, olKirklnnd, wrh next cilkd, hut
was [lerfropiorily challenged by the pnaoacr't
COnnHnt.

Elmba Brush, of Rame, was next called, ques-
tioned by Mr. Hall, nnd sworn.

Royal Kohhintf, ol Marcy riill^d and challenged
perempt4irily by p'isnner'H coun»«l.

Rukevelt T. Eaatman, of Paris, excused on ac-
couiitof illneaH

Ira Byington, of Camden, interrogated and
aworn.
Wm. Carpenter, of Whitestown, the tame.
Edward ^covel, of Pj^'is, waa next called, but
vo'u ittrily aiated that tie doubted the public pol-
icy of convicting the prisoner.

Judge Gridl^v repUed that ihit did not excuse,
for the objection did not come within the rule, but
the juror might stand anido for tlio present.

Luther Stiipard, of Verona, called, and peremp-
torily challenged by priKoner's counsel.

Isa ah Thurber, of Unca, called, interogated,
and answered in the negative.

Mr. Hall naked the cuurtto allow the juror to
stand aside for the prewent, and not swear him till
the panel had been exhau«ted. He did not ask
this on account of any objection to the replies of
the jnror, but he claimed it as a right of the proa-
ecuiior to proceed through the panel before the
completion of the jury.

Mr. 8pencer objected to any such proceeding.
He had never heard any aut^h right claimed for
Ute proaeoution. It would give the proaecution

•e tcdn* »4vftnt«f« own lh« d^f^nilint, inti*
■incih «M it would TirMklly itva ih« prmrrutinn
Um b«r>rfjt of thirty ait pertirnptdry rli«ll«ng(M,
wh<ir> th«t<iflr*n^;« would bt^ !iinitv<l t'l twenty. —
II« iMt. Hp«nr«r) htd been in •ctivn prtntioain
th» lourta (if thil •mtr, but had nevtr b^'ur*
h«-«rd of •nyiiicli riiiht un thn part of ih« pro««-
rution M that claimed by tli* laarnod Dittrict At-
l(>m#v.

Mr Hall, in anpport of the rif ht ha rinimad,
qiMied from Chitty ade«-iiionof Ju(Ik« BHJdwin,
III fnnnNvlvJtnin, admiitinf th^ rifht iindnr tha
Kifrluh roDtman Uw— thnigh Jiirtge Baldwin ad-
miiiad that h«> had tifver kiiowii ila pruvmua
prncUcain tb«t United HtntM.

An argument of cuoiiderahle IrnKth entund;
and .fudge Gridley Hprid«>d againataiirti a right on
the part of the proafcntion; and he ordered Mr.
lliurbpr to be tworn, which wait done.

II«inry Addingron of I'ltrii, eiuuted oa account
of reiigvHia icruple*.

Pntnr Hietght, of Wpatmore'and, aworn.

II«nry Hayter, of Kirlilnnd,p«i«niptoiilv chal*
lengod by priaoner'a r^onnael.

i>avid Tuttle, of Koonville. iheaame.

Aaher Allen, r>( Aiigunta, accepted and aworn.

Heymour Carrier, ol Kr«uben, the aamn.

Thomai Noonan, of Annaville, peremptorily
challenged by prikoner'a <;uunael.

Jcaepb Davia, of Kemaen, ike aame.

Joaepn 8flvmour, <>( Weairrn, thn HHme.

E^trii Allen, of Floyd, accepted and aworn.

Sinpben Northrup, of Marcy, eicuaed on ac-
count of i I health.

I^evi YhIk, of Aiigiiata, perem[ torily challenged
by D'laooer'a «-ouria«l

Vuioey Elliott, of Kiikland, arcepted and
•worn.

TniM completed the jiiry, which, aa aworo, vaa
coDatitutcd aa followa —

Tharlea O. Curlia. of Paria.

Edmund Allen, of Ant^uata.

John Mntt, ot 8argerfield.

Elisha Bruab, nf Rome.

Ira Byington, of Camilen.

Wm. Carpenter, of Kirkland.

laniahThurber.of Liira. '

Peter Sleight, of Westmoreland.

Aaber Allen, of Augu«ta. i

Seymour Carrier, ol 8ieuben. ..^

Ka*cli Allen, of Floyd.

V.ilney Elliot, nf Kirkla.id.

Tb« rmdoe of the petit jiirora were diachargcd
till 8 o'clock on Friday night.

Mr. Hall, attorney general, then proceeded to
open the caae -for the prosecution. He commen-
ced by eipreuing briefly but feelingly the delica-
cy of hia ait-ation and the duly which had now
devolved upon him and the jury. He next re-
verted to tha great excitement which pervaded
the pablio mind from one exuemity of the Union
to toe other, in relation to tti* important tnal upon
which they had now entered, and the evidONce of
which waa before the eyes nf the jurv, in the liv-
ing maaaea which thronged and surrounded the
court house. To this excitement it was the duty
of the jury and himself to cloae their eyea, to
know it not, and to eachew iu influence. Their
duty WM plain. It was to elicit the truth, t > be
governed by tmth alone, and to keep their minds
aod their judi^ments free tlrom all exiraneuus mflu-
encea, prejudicoa or fears. Truth was his only
puraoit; and if from innate weakness he fell
ehort of the fall performance of his duty, he pniT-
•dtfa* jury to tcdouble their own vigilance, and

elirit truth through the ohannaU pfMented tn
them, ill ail rases in which he might be deemed
reniiaa.

M . Hall then road to the jury the greater part
of tlio indictment found ag«inat the priaoner, at lit*
Ni»gtm rix-iiit for tha sh«ioiing and hilling of
Aniii« Hiirfee, on llie 3()th l>eremh«r, IH37. There
were a great number of rounta in the iiidictmenr,
some charging the murder to have been dona with
a gun— some with a pistol;— some charged the
murder upon the piisoner, an<i others upon sundry
other initividiiila, named and unknown, the pna-
ontr being preaent and aiding and assisting there-
in. In these aeveral counu waa included every
species o! murder or killing knnnvn to the statute;
ami iheaa Mr. Hall briefly gUnced over to the
Jury.

Til sustain this in«iiclmnnt, Mr. Hall etated, it
would b^ provedhoforo the |ury thatonor abou;
the28ih UocemK<«r, 1U37, the siaamhoat Caroli. e,
a boat of some 30 or 40 tons burden, left Buffala
for Huhlosser. The boat waa manned by nlti(*'nM
of thn United States, was dulv enrolled at the
Ciiatom House, and was lioeiised to run between
Bitfldio and bchlosaer.

At that lime a band nf Canadian insurgent*,
three or four hundred in number, had taken pn*.
session of Navy Island, and hold it in the name
of the Rritith g'lvernment. A great eflTurt wm
aUi miking, at iiie same time, to enliatthe feel-
ii'Ka of our citiiens, un this side of the lines, in
• tinalf of the sufTeriiig people who had been
d •"•"I by their haid^lupt and aufleringa ; and the
vt'iMH perHonn who had been thrust from
their hoiiaea and hnm^a in the midst rf a fe>iberian
winter, loiiiid no diflTi'^uliy in enlisting nmoi>g a
portiwn ol our ciuzena, eKppcially am'>ng the
young, the sympathy their deplorable aiiuntion
naturHlly drew forth.

but with the band on Navy laland the Caroline
had no connec(ior>, and it would be mine i«i ap-
pear before the jury that she waa not at all in their
einoloy.

Mr Hnll waa proceeding to explain to the jury
well known circumstanues which preceded th<- de-
struction of the Caroline; and the variuua circum-
stances attendir g the same, when we were obli-
cd to despatch our Express, at a quarter to one
o'clock P. M.

MoRNiNu finaioN— Continued.

In his recapitulation of some of the border
acenes of the times preceding the deatrnrtion of
the Caroline, and of that outrage, Mr. Hall dis-
played an intimate knowledge of the progress of
those events, and drew livid and eloquent pictures
of the tuirerings of inhabitanta on both side* of
the line, among those who stood aloof Irom the
raging quarrel, as well as those who were imme-
diately involved in it, and of the outragea, massa-
cres, burnings and deatruction of property which
accompanied it

Mr. Hall then reverted to the manner of the
origin of thia case, arid the well known history vf
iu progresa from court to court, up to its presen-
tation hare for the decision of a petit jury ui Oaet-
da county. In thia recrpitulation Mir. Hall intro-
duced the decision of ttie Supreme Court upon
the motion for the discharge ol McLeod. argued
in New York hist aummer. When he had pro-
ceeded about half through thia deciaion, the court
at 1 o'clock adjourned for half an hour to dine.
ArTERNOON SicsaioN.

At half paat 2 P. M. the Court had come togeth-
er, and order been restored; and Mr. Hall resum-
ed the reading of the decision of the S'lpremf

Towt. Upoai
leiitHMiof the j
paaaed upon b)
the killing of
in« laws «>l wi
Uw of ihia <!UU
Hoy previous
•nd ttiat It IS It
<i those tribun
rble.

He alao vind
the imputation
III arma againa
waa lo no way
and wholly ii
tnanrreciiwns ti

Tne law poi
rfispoaed of by
w«a left for tn
aenied in the i
ty or innoosni
Uurfee. To i
piired l«) prove
ite wna preaeii
and ihemurde
vy laland and
tlKwe eventa; t
iiig poople to I
Oaroliiie; that
what lime the
alivr the oun
aword, siain<
boasted, waa
— or words to
roborating cin

Mr. Htil I hi
Uting ti» murd
to bring the p
law, up>n the
doring I heir v

In conclUki
jury a fuUaniJ
dMvolviitg up<i
inipiifiaiii^e to
proceeded to (

William W(

by Mr Wood.

Mr W.-M

Witneu— Ii

Mr W.— H

Witness— I

lived there pr

Mr. W.— W

(he year 1837'

WitoesB— I

camber she vt

I fiiMd her u|

29ih Uecemb

there about 6

With a chain i

As soonaaw

and went to I

sel, it is tisu

watch on that

vanua Baring

do notreeoUi

was awoke b

to Na^am '.

tiertha occu

me up. and I

give my banc

of the handa

I told bin to

but allow no

roart. Upon flnnelading , Mr. Il«lt etiltd the «w
ttiiiMNi o( th« jury lo •» much of tb* !*«■• u wm
I>m««k1 upon t»y th» Hnprcmv Court linciaum — Ihnt
ih«t kiliinn of Durl«« «vh« not ci(nimi>t«it unilHr
ih* law* til wmr, hut ram* wholly ii'iilvr the rivil
Uw tif ihM (!uuiiiry; ih«t it w«« uot iIim r«*uliof
Hiiy pritvKiua order of th« Hrituli g'>v««riirD«hl;
kixl ttiiit It !• lo til* triMiiiiila of Ihm roiiuiry, itnd
ii tfiuM tnbuiid« alon«, liis murd«r«r wm roapoii-
rbl*.

H« alao vindio«t«il th« murdered Diirr«« from
the impuuiion of having heon an imtitrc^n', and
III armi againat Canad4. Uurfa«, ha w >uld dioMr,
«vaa III nu way c<miia«-trd with iha iiiinirgoiiii,
aiid wholly iiinmMnt «>l auy parlicpat uii iii Uia
fnanrrer.iiwna of that day.

Tna law potiiia, Mr. iroi cmMriiiad, had been
ditpoafld of by th« 8uprrnia l^oiiri, ami all ttint
waa lalt for iciia jury ui piaa upon wna thit pre-
aeiit«d in the intliukmeni — waa the priaun«r giiii>
ty or innocani of partivipatioii in ilie luurdar of
Durfar. To auauin the indictment, he waa pre-
P'lred i«) prove the aaaeriiona of the priauner that
ii« waa preaent at the deatriiciion of the Caroline
and the murder ot Uurlee; that he waa alMHit Na-
vy iaiand and Hcntoa»er iniioeiiiateiy ptcci^diiig
ilKiae evenia; thai he waa bn*iiy eMg«g><d unli.t
iiig poople to g>i upon thn eiprdiiion iiK>tinat ihe
Onrulinn; that he w^a •! »chlo.a«r iixi'iirniK at
wnai lime the Caroliii« would bu ini^ris mikI ihat,
Ali«r the outrage, l.e cthibiied h p atol and a
aword, a'aiiied wi>b blood — whirii n'lMid, l)<i
hoaated, waa "the blowl of a dAiuned V'tiikeu"
— or worda to that etTt-ci — together with oih«i cur-
roburaiirig circuinatnncea.

Mr. Htil ihan eiplnioed to thejury the lawa te-
luting ti) murder; and if they deemed the ie<iiiii<>ny
to brinii ihe pria«>ner within the purview of that
law, up m their natha imixwed, the duty ofren-
dttring their v<>rdict scrnrdingly.

In cont;lu«ion, iVlr. Hall agan Ufgfd upon the
jury a full and unbiaa.ed periormame of t'le dmy
dHvulviitg upon them, impreaaing upon (hem liia
impof laiice to ihe priaoner and to the couiiiry, be
proceeded to call hia witneihoa.

THE TESriMONV.

William Well8,who waa aworu and interrogated
by Mr Wood.

Air. W.— Mr. Wella, where do you reaide?

Witnett — In Buffalo.

Mr W. — How long have you reaided there?

Witneaa — i waa born there aad have alwaya
lived there pretiy much.

Mr. W. — Wm you the owner of a ateamboat in
Ihe year 18377

Witoeaa— 1 waa. It waa the Caroline. In De-
cember ahe waa lying in the canal at Buffalo, and
I fitted her up, end ran her to Schloater. On the
29th December I ran her to Sch oaaer, arrived
there about 6 in the evening, and made her faat
With a chain cable to a pile at the end of the dock.
Aa aobn aa we got our auppera, we aet our watch
and went to bed. On board of ateamboat or Tea-
ael, it ia uaual to aet a watch over night. Our
watch on that night waa aet about 9 o'clock. 6yl-
vaniu Baring waa one of the watch that night I
do not recollect the othera. About 12 o'clock I
Waa awoke by aome of the handa, who had oe<»i
to Naiara Fall8,came back and finding their
^rtha occupied by atrangera, they called
me up. and I directed the atrangera to get up and
give my handa their bertha W bile on deck one
of the handa told me he aaw a boat approaching.
I told hia to look after it and aee who waa in ir,
but allow no one to come ou board, i then went

■lie, wliat wo khould do ? Ho lupiied we uiuat do

to the cabin and got in bed ag«in, but preaently

till) WNii-n I u>i.e down and told in« iliore were
fo< r or liv<> l»oat.i, (lUud wali armtid luon , and b«-
lorM I t!ouiil I't in> « loiliea on i haard pe«>pli) on
till' dt'rii, iiixk'iiK a grt-at no >te, uud iiixi tiruro irte
ri)(M)ii ol aevtriil gitna »r |<i«Uila <>'■ drcW. I hturd
niitH>>ldoal of hiil|.>iiig, hut rtiuM not diiiiiii((iiihU
wliii witaanid I (ini<:iiid*'d llinl tli« pvopli' wfio
litui iMtniii oil iNmrd wniiloii to |ii't (Maafnaion ol the
Inmii ; ami knoMinc I could iiutrvkiat them Idrtu*-
ril niyatilf fully, aecurcil my pujiera and mad* for
Iho r<>ni(iiiioon way. livforo I icoi u> thn ai.iir*
Wlinli Would takM me on il>i< k, I li»'aril onU-ra kiv-
t*n to • tfive no (|Uiirii'rn," t<>"kill tii«i d>iinn< J
Yanki'i^fl," or wonta to iiin* litlei-i I ilini lioiume
aUiin<-*|, and naktfd Oitjit. A|)pl««hy, who wmb with
■lie, wliat wokhou' • • -
the Itukt Me null.

('a)it, A|>p'«by waain advance of me, and had
j lilt put hia loot 'tn link, li«< wna at-i<ed by the
collar by aoaie |/eri«in, mIio told him not to go out
there, or they would kdl him Aa he atrppad
back ihere appeared to bo iwo ptrtiea of mm, one
C4>min4 f"*"* *he bow oi toe t>oat and the other
from the atcrii. Tn*>y met hy th^ itb.M door,
winch ihrycloaed, and 1 h«trd aworda cln«nii>g
add liring. Ciipc A|ipi«-hv and niv»t<ll ideii rtiiDni-

eil iri.o thtt i:tiitlli; i lliriitrd riniiiil (h«* lUHCtlli.H-

ry to tint forwnro part oi tliw lio.ii, to iiinKc my
eacHp t from (he forwaM l<at<-hwtiy by a pUim
coiiiiiiun ciitinc with the derk; wtnJM I ati'od iiHitr
in« haich, wnichinK my chMfie<- lo k«i oiii, «t iuhii
put Ilia hmid upon itio haii;iiwHy,aiid aiintiiKOowu
liiUi Ihe ft e-rnom without touiniiig in« pitnli; he
imnitdntifly C'lUght hold of the ^lokf r, nml com-
moiict^d workii g Ht the tire, mm 1 Mupp< ai-d for ttio
piirpO'iHof giiiiiig up kto.'tiii Mii'l thliii't; inu bout
oil' 1 axMid ih«io, not nnriiiK to ninkti a noaw,
till h«f gjl bukily ciigailfd: wi.«(i I ira^Ud Imclt
into the cabio without hiah«arirg ni«*, to ewca^o
throiigii the v.n in door; wlinu 1 put my head out
ut the cabin d<H>r, m> iiat briulit-d iho call of tne
leg of H man who wna alnnd'iig tlierM, Hiid thtnk-
iiig he telt it, I aprang billow agnin; the ctbm
door at the top ot tne ataira wna open at the iim*f;
I aguin went forward, and in doing *o 1 met tome
niiH, who ran againat mt ; 1 auppoacd him to b»
one of the attacking party.

We ap<>ke, and «acn paaaed on. When . '.;:>". to
the Hre luuw, arid watchi'>g my chance to eac r^e,
the man who firat entered aiill aai there. t{9
aoon roie, aeiy.f^d a<<in») one who had accreted liiio*
aelfihere, hauled him' laioihe hittit, andinruugh
language uaked hiiu who he wn* und what he waa
doing mere. 1 then aaw it wua Aiiiua Durfee
whom he had aeixed. Duifee replied that he be-
longed to the biiat. I did net then know his name
waa Durfee, but only knew hiro aa a ai^ge driver.
The other then uaed very op prohnuua language to
him, and keeping hold of him, ordered biinio fol-
low him on deck or he wuuld blow hia braiua out.
"They both went upon deck.

My intention at firat waa to go up and aurren-
der, but from the ueaiment I aaw Durfee receive,
I concluded I had better not do ao. I ubterved
that the port hole on ihe atar board aide of the boat
uaed for throwing fire out, waa open. It waa 8 or
10 inchea aquare, and I thought 1 could make my
eaoapeoutof it; but I aoon became aatiafied I
could not Itried.butdidnotaueceed lt!wouidnot
have been aafe for me had 1 aucceeded, for there
waa a man right under it. I ihen went into
the e/ter cabm and threw off my uverooar,
with the purpoae of awimming. I returned
to the hole, looked out, and aaw done Uy

kynwl b«<iit with n»n in it ■'ravil wnh honrtl-
iiti; |<ik«a, •Vc 'riiiiy titpii'irrd Ut tmvr jml iliroMfn
itiK pnii>l««r • n Imiirti iii« «tcain'utNi, mikI riikIh u
fiiati itr'it inc ir S 'Ml wna nM.inmnig roiinti with
ttt«) nirroMt. I nitw Uirri* wita ii't iIimiii • ol km
f npa t'ltii, niiil rntiirticil tu lh« ki'irr nnhin, aiiH
Imil i;i)l oiif <it ttio «v!iifiii«vii iif-nrly 'lilt, m>Ii««ii I
<li«i iivtiri'il iM'ii ynwl hiMiU inntto litkt lo lh« atmtu
•ifitiK ttxninli nt, vviih H riinri in imrh I huckwd
nut nKuin, mill atiMKl wiiiiiMf till I felt lli«« tmat
ni'ivn triini tli« whnrl. I mri up lh« ■itiira, iiiiil
wtiilii do'.iK ro, Irli iho Sral kirik" tliK wharf
MKiun. ^ur|n|( no onn ■tniidinK ii' llic c iliiii itiMir,
bill Irnm tlin ni>i»f> III ihn nifrn ol ilic hoi t, <'>>n<
rliiili il I' vvim tioi iiHfn m vcttMirn mil. Ueinn^
Itna Wiirit Kivfii in i'ii«i ■•(1°, in lire, nnd an inquiry
for n'okrm. I •»»'|i(.i«l(iiii.»ii H-ck, amt "aw ihr*«
rni'ii Miaiiilintr < Inm hy. Hrinol I i;Mwlii«led lo
kurreriilt.r (>> ihvm, nnd tleitprd up lo itii* lirat (in«
/•ir lltul |iiirp")i* I VV4M ihiik'i'f wlmt t>> nay,
uhen «f etiiK uxy itid not Minpi'ct in<>, I |ia«M«<l
by liioin toMiiid tii«> how of tint boat, till I not
DiioAkiin ill" KMi)t wny, nnd plarvd mv hiind
ii(xin t\w rnilinfr lo ktmymiU u^xin theiloi k,wh«>n
(inff ol ihm ihrtin in«>n cnnu- iiixtn hh'I t«<ir.>.d luo,
aayir^ "liollo, «lo vu b«liM'(( ui ilin boat 7" I
nn«Wf r«i<l, no, I do not— I tirlouK niilii>r«. 'I'hair
attriiticin Milt nt thill ninnii'tit Hir«<'trd by a ni«t4il
tiut wiia flrod holvind thrm, and ! Nt<>uped cfl', up-
on tliH do< k, got in a pomti'iii h«hinn the whcnl
hoiiite HI which thny could not ■«• ni", and to ef-
teou'd my e»rBpo frum th« wharf When I Rot to
tlio Itiwcr I rack of the riiilroad, i iaw a man ly-
ing ahiMit t fi't-t fn.m the fldf(e of thf« wharf, with
hia hfpd to th« boat. [The wiiriria here irave the
rourt nnil jiirv a dnicrmtiori of ilie dock, ware-
houwn, milrond trMck^R. SooiiK th«4 man lying
thcie, I pniieil on 1 1 Iho other irni k. and got to
tlie otheratid of ilie i^«M h, when I tiiw two m n
■t^Jiding tlicrn. whom I iiippoacd to ho a guard,
nnd ron<;lndcd I 'nul not. got out (>f trouhio yitt. —
I r:oiicIuded 10 tiiln, n:id while l(N)king for h pliico
to d. I urt, the people on ihfl hunt ru«hed < fl', eaflt
henir, nrid then muv «li<« waaun fie. 1 roiudiid'
fd to try my lu'^k with tho two men whom I «iip-
poflrd to be giinr^H, hot htumi tiiem lo hn men
tK'longed to my bout. It wna then rienrlv li^ht as
diy from tlio flro «if ihe bout I p.»kf d thim where
win Ki'ig— anothrr of the l»a'id»— hut they taid
they knew nothing of what hud bocuroe of him
or of ony other uf t e haiida. Juat then a man
whom I hupponed to he King mai'e hia npfiearanoe
on the dot k. I apAe to him, arid ho unnwered.
He wa* very bndly wounded. 'Ihe next mi>rn-
ing 1 buw Diirf. e lying on his fie.e, dead, in the
■ame »pot n here I aaw the man 1> iog the night be-
fore, ilii head wna nhattered. He appeared to
have a hall fired through his head from rear to
front, coming out nt hia furehi ad. He appeared
to have bind a good deal. 1 saw tie realotte cap
he wore on that night. Thern ^ere two holei in
it on opposite Bidex, and appeared to be ninged on
the hark aiile.

Itmua have been between 12 and 1 o'clock
wheri the asgailanti boarded the Rieamboar.

Witness thinks the number of asuailnnta was
between 40 and 50. They came in five yawl
boots, each of which would car.y 8 or 10 comfor-
tably. The men on watch on the steamboat were
not armed, nor was any person who was on bonrd.
The crew contisted of ten, and there were ^3
sleeping on bonrd. They had arrived too late fo*
the cars, nnd the public houses being overflowing,
I provided ihem with lodginga to arcomroodate
them. I had iutended to run up to Ulimk Rovk

Rend that nig>it, and bud invittd a few friendi to
gi» with nie, i«ii>l ilii-y were aUo on boitril. N> hl<i»
ker IN ah >ni two mile* above Niaaara F«ll«, in the
Utwit and ciiiiiiiy of Ningara. Of all < ii tMiard, 6
or 7 wvremiMing in the morning, and aimnny as
7 have nevri kiiic* b«i«n haurd ot lu far as I have
heard.

On eiamiiiig King, h* was (iiund vary sever* ly
wounded on Ihe right ■houldar, nnd hia leit arm,
rnd hi* rlothfx w^re fu I of bloo«l and cut in mf
ny p'nres where the tli>>h was not reached. n»-
veritl oihen wure Nlighily wouiided. John Leon-
ard run ivet' a Mow on t'le forrhend with a bli nt
weH(Miii Capi llinhng had a suvererut ttirougn
hi4 cap into hi* hi'Hd, breaking theakull

My iJij Ml in ruiioinK fiiy b -at from ItnfTalo and
inlerineiliMte plno>-s on l>«>ih aborts, was to in:ike
money, convey ins paiseniers and freight— ( iiicri*
ingn> (irtno Ulnnd, Tonawanda,Navy Uland.aiul
N I pping at Hchlo*«er. On tha day tiefr"0 nhu wax
deniruye)!, nIiu had mad* two iiurh trips, bill litlla
bt'Didex was rsrried on that day. llut litile freight
WHS. tl'eied roNiivy Island, anonoiia //-Mm It. I tiMtk
whiit wiksiliorcd. On ihat day <'apta n Appl<-by
acted for me. Neither I nor luy boat hnd any coU'
neciion with iho Nnvy Nianders, whatever

I do not ihnik ii wax Uurfeo whom 1 saw lying
on the dock in the night. 1 think 1 heard as many
an 40 or &0 shots hred during the atlnck on tlko
boat. No swoils were in the poasaasion of any
body on board my boat, to my kiiuwl>dge Tha
nssnilnnts bo rdi d the boat in tw(> pirties— <m« at
the forward and the other at the after gangway.

Thcra were several lights buruing uu board the
boat

Cross ex*mined by Mr. Spancer — I do not know
of any Ii ;ht nt the companion whv at the lime of
the HiiH'k. When I left HufTalo, 1 had but IWl»
whom 1 had a right to call hands — one wna my
brother in Inw, King, the other was a black boy. 1
never found rnoro than one person who was killed
in the attack. 1 do nor know the namea of any of
the missing. There was no appeoranca pf Durfea
having taken a step after he was ahot. I h«v«
been exnmined levernl limes before on this sub-
je<;t, but do not reim mber whether on any former
occasions 1 have niei.tioried the appearance of
Btornhing on Uiirfce's cap. 8he was sold iu the
summer; I became purchaser nud sole own-
er. There was an understanding between
Mr. Scranton and myself, that when navigation
opened in thoupring he was to be entitled to be-
come a joint purr haxer. There never was a bond
of indemnity given me for running to Navy Isl-
and. Thero was some conver<a<ion about giving
me a bond to indemnify me for damage to the boat
in consequence of running to Navy Island; but I
never hud an inter lion to receive such a bond —
never knew who was to give it, and never heard
of its completion.

But little freight was taken on board at Buffalo
that day. There was one cask containing heavf
articles, and some other articles I do not remem-
ber. I do not think there were mora than half a
doien passengers from Buffalo. I saw no arms
upon any p-rson, except one man on board had a
ritle, with which he shot ducks on the passage. I
do not recollect of taking in any freight at
Black Rock Bend, and bat alx)ut half a doxen peo-
ple. I saw no arms with any of them, ex<:ept tlie
riAe before rn^med. There was an old sword lying
abtrat the boat somewhere. 1^ wss the first trip I
had ever made in her, and my attention was most-
ly taken up with the machinery, Ao. of the boat.
I have petitioned the govenuaeat fat compeuMh-

\w frirnda to
Inril, N> hl<i»

|K«ll», in Ui«

I'll hiiiinl, i

HI mill y na

\ikt u I tiav*

TV MVMrc ly

hia lait anil,
' rut ill iDf
ih««i. »»•
John l^im-
with ft bli lit
rut tttri'Uut)
ull

Hiiflalo and
waa u» in:ik««
Rht— 1 iiH'ri-
|y Iklami, aiul
i{i"» mIio wa4
it>», hill littU
litilv fri'iK^ii
'rotn It. I t<Mtk
|ta n Ap|tl<-by
hid niiy ci>ii>
it«ver

1 1 aftw lyinif
Hard aa many
kttnek lilt itM
laaion uf any
vi'dge 'I'll*
irtiea— oiM at
r gangway.
; uu buaid tha

I do not know
■ttba lime of
had but twi>
one Waa my
a black hoy. 1
rho waa killed
imea o( any of
nee of DurfM
■hot. I h»ve
a on tbia auh-
>n any former
ippeararico of
na told iu the
d aoJe own-
ing between
tn navigaiiiin
ititled to he-
ir waa n bond
to Navy I«t.
about giving
gn toiliebtjiit
Island; but I
ich a bond —
i never heard

>rd tt Buffalo
lining heavf
) not remem-
than half a
aw no arm*
board had a
i paaaage. I
y fieight at
a dozen peo-
I, except tlie
! awnrd lying
befirvttnp 1
on was moat-
■ of the boat,
r compeuMh-

-I

lion (it lh« !•»•• of my Koai, arid I have haan #«•
arome * hy i.flii'aia nl iho I'lvuriunani nii the kuh-
)-*<<i. My inuniKin wa« iii run lM<t«v#«n Mt-hloMer
Mild Navy Ulai.d aa lot g aa would h» |ir>iiiinhl«« I
have never umMratiMHl ihat if my h tal waa ii»ed
to itunvny ntiu.iiKina Sir u> th'i ilavy lalandura,
(fxverrinieiii would not allow me oumpeiiaatiou
lor her loaa.

Among the articlea I tuok that day from Hrhloa*
■er to the Uland waa a«ii-|Hiuni<er, a<im* lumber,
a' raw, a horae, 4co, which I left at the latand
Home muiketaalao went'ivrr — perhapa 10 or 1.^ —
there inigbi have been more -may he a humlrad.
Alio, tiinio ariiclea ol pntviaiuna. ( waa iiiformetl
ihnWavy lnUii'lera would inihe ruiiraeuf a we*k
leave the la am), rume hi ihia tii|», and <titper»e.

I nevrrhad any t<l*^ ibat ihnv wou d go into
('annila; on l\w 'iCiiU I viaited Navy la and, anw
nhou( 250 periona ihere, eleven piecea ot rann<>n.
aomn miiunted and pniiited toward b«ith ahorca; I
I do not know who had 'onimHrid at that time, Imt
nndoratood it waa Van Utiiaaellaer; I do not know
that there had at that tune been any firing either
to or trom Nnvy Ifta'id; I received aonin f IU for
freight O' the Inai day mv boat run between
Hchiosat r and the laland; 1 did not receive regular
freight on that day; I know of no tiring between
tkeldandand the Canada there on that day —
There had been firing a few daya before; and a
few daya alYer the deairnntion ol the boat. I aaw
■heila thrown from the ('aiui'la ahore to the (■•
land; before running my boat to the Island, I law
peraonion the laland, with whom 1 ronveraed
about running her to the Island; I saw Van Kent*
aellaer, Dr. Ohapin and Mr. Fiagg. They ro-
qiitiated me to come there with her, and said I
could make money by it; I did not aay whuther I
would run her there or not; I do not recolleirt that
they aaid any thing about giving me a l)ond of in-
demnity nor that thay referred me to the "commi'-
tee of thirrocn" at Buffalo. I do not know that I hud
any conversation with nny of that coininitteo
ahoota bond. I have understood thit a commit-
tee had a Commiasary named I'tiolpa, and a Caah-
ier whose name I did not know. 'I'ho Caroline
wns at that time lying in Ship CannI, ice bound ;
and a good many men helped to cut her out. The
cutting out waa attended with but little exprnse
to me, nor to any body else that 1 know of. 1
would have cut her out lor any purpose that would
make money. 8ho had been undergoing repaira
for a fortnigh% at a coat of about f 100, which 1
think I paid with my own money. Mr. Scran ton
aays he paid it, but I think I did. At the time I
commenced repainng, I had no idea of running
her to Navy loland. 1 paid €800 for her— the bill
ofaaleis trom John H. Mason. I bought her on
the latof December, 1837; she waa cut out of the
ice on the 28ih, aud destroyed on the 29th.

1 know the time when the bard that took po«-
■eaaion of Navy laland left Buffalo. They had
a meeting at the Theatre a day or two before,
which I attended. The avowed object of the
meeting waa to aynpathixe with the Canadians,
Mr. McKenzie aiddreased the meeting. I do not
know who else apoke. I understood that le ob-
ject in taking possession of Navy Island, waa to
concentrate there, and "free Canada." 1 was not
in their secrets, however, and cannot speak from
bno wledge. I never had any idea, bowe ver, they
would "free Canada. '

Direct resumed— I never had any connection
whatever with any •aaociattona or mattera of that
sort connected with the Canadian instirrectioD. —
My ol^eet in ninniiif my bott to the Island wm

jny ""O fair*, ard tFe arrofiim.Mlation of tl.e au1>-
ll<' at linlfalo as wall n» at iha island It woe art

sip riiueni I itxk ii|* in gHid r«ith. uninHiteiK^d
by any other •onaid-raiioii than my own p*cana>
••y IwneAi A gr«a( many weit Irom HnlTalolo
.%Hvy laJHod iiid reiiirned in my bwt. I pre-
sume I brought back more than 1 took Iu the
Island.

To Mr. Spencer— 1 krow u{ on cannon ball m
iMiilcr Iron punchii>i<s taken ut the Island in my
hoat The t^ollrcuir told me I might go to Na-
vy Island and • arry any thing— arms, ammuni-
tipn, or anything rUe to Nnvy Island for freight,
lie g<tv« roe my pap«^ra readily and interpuaed no
oiijMc.tion to anything I had ihi board.

I'he examination of ihia witneta here Hosed;
and the court, at half |i.i«t (i, adjourned to a quar-
ter to H o'c'ot'k to-morrow morning.

Ti/rsPAT, Oct. 5, I8II.

The ('eiiri met at the app lin'ed lime, and at 8
o'clock was ready to prrx-eed to buaincas.

Daniel J. Htewait was then calird to the stand
and sworn for thn pio.ecm o i. In Doceinbei I^4.t7,
I resided in KulUlo, at d knew the ateamboatCa-
rolliiM. I wiia on h iir<l ^if her at Schloaaer on tii*<
2Jih of December, IH.'iT. Wm left Hulfalo alMiul H
o'clo< k III the morning, and arrived at -Schlosier
about 4 (i'cUm k P. M. We stopprd at Hchlosser
about 6 o'clot k P. M. and maile fast to the dock
for the night, with the how up stream. Atone
o'clock in the night I wa<i called to uke my
poit as a watc;h on dei k. About half an hour al-
ter I camo on watntt (Capt. Kennedy waa on the
watch with ni*) one of na diaoovered boala near-
ing u*. My llrai impression was that they were
Iiidinn*. I A map w>s here shown the witness tu
enable him to ei plain to tho jury the situation of
the Caroline, the nOHcking boau AccJ When we
first stw tl^o hoaia they were nearly ahreaat tho
how of the sien'nb«mt, and out in the stream. I
told Capt. Kennedy that ho hud hotter catl iliem
up from the lower ciihin. Tlio boata were bond-
ed towards the ateamt>oat. (Japt, Kennedy call-
ed them np from heltiw. A few minutes before n
man by the name of Nichols cnme on board, and
remained on deck. He hailed them, aaking ''Who
comea there?" or something like it The answer
was "Friends!"

They appeared then to spring on thoir oars, and
approach the steamboat Whan Nichols came on
buard the boats were four or five rods off. One
boat appmachrd the atern nf ihe st«4amboat, and 1
ran aft tn see who they were ; and by the time I
R< t aft the officer of the boat nad got ou board our
boat orer the rail a little aft the atem gangway.
When I got up to him he had got his sword drawn
and Btotid in an attitude as if he was going to strike
me. He then ordered his men on deck. I then
discovered several other men in the act of getting
on deck from the boats. 1 then passed aft, on the
outside paasagi^, to go into the ladiea' c«bin, to
alarm those who were there lodged, if they had
not taken the alarm ; but they haa heard the noise,
and had got up or were getting up. I then left the
cabin and went ashore. I wa* not armed, nor did
I use any weapon. Neither Kennedy nor Nichols
were armed, nor did they diacharge anp fire arms
to my knowledge. I saw no arms among either
the crew or those lodging on board, and I have no
knowledge nf any arms on board, nor resistance,
nor preparation for resistance. No attack was ex-
pected; it is always customary to set a night
watch on steamboats. 1 did not discover that the

a
..*»»-»-*

••MOinto «•?• umtH tUl I n*! \htm nti. Ntw*
k*i rttiftfdaxl fofMiirii iMfoit^ I waiti ■(! Tli«y
ailfhl h«v« tM>«rtl<ii (urmmni ■Imhii iii« miim* linio.
Wiivii I riiiR* nut ii( lh« Udist' mtMri lo ■•• Mhorr,
I ttcaril rtr« nrin* <li*<<tur|t><l tn ib« fof Msnl i>«ri
■ •I III* hu«l. I •till (ltd •*<# |liirr«« III! I a«w )mii
<t«aii lli'i ii#it morning. I h«f h»f4»f«. I ••«* t «M * •»""«• ■!'•
iirot«:hiiig th« ('4rutiit«. I r*m«ii>«<( in iif hi of
tlMibtMl, tbovs Ui« r«tir«M<t. nil lh« ('nroltne lnA
the whNrf Afwr klm had b«<iii liMiMn#«l from the
^liarf aha WM lowad into th« •iraam by riiw
htMta I till tiutiM III* C«mIiiii< ffniuiid aliar l«av>
iiif tliit nlitrf. WlM<n iha mw ImmU |i>i hor iiiio
Uia •iraani, Uiay t:a«l<>||, and made f>»r Ilia Canada
abn'»« .

VThan 1 c«m« out i>r iha ladi**' O'lbm I haard
•b« utiicar Mf lh«* llral lx>at tliat lMmrd*d, «iva or*
dara b> "(tuirti iha K«iiRwny, and ahow iha
damn* I rabala no <{ lartari." I vaw mi liriiii fm n
tb*) v»«rehoui«, I livnrd claahing* <>f awnrd* on
b<»ar)', aa wall a* liriiif . It appaaftd to ba pi«tut
flriog.

JaiBfli KlaM wai th«n ratltd and aworn for iha
pr.iatcufion — Hiv* m Hrlilnavar, and did to in
l>er«inl>«', I1'<7. I k«*|)t n public houta ih»r«t at
that tiina. I r^'^^illt-t't ihn dfntriiciiun of tha I'aro*
liiia. I WM MMioKo hy Iha Nlarm and git up,—
About I o'riock nt niifhl I wi-nt to tha wtimf' iind
f'»und Uurt«e lyig imrBdrad ll« Uy with hn
u«nd from ilie wuiur, and hi« feat t«>ward it— lying
p»rtly on hi« fan». A ball niuirarid to havti lit'fii
allot tliroug It III* IiiokI, from tVoiit lo rrar, f >niing
uiit anout ttia niidilla uf thx lor« IimrcI. Hi i braiiia
wvra all blown out. IIo niipHnrrd to hav* b«*n
blown down un thu apot. il« wa* abuut 'I fnot
Imm tha walar.

lilt Clip «vna found lying clot* by the aidaof hia
^lead; tlittrr wera two hol«Bm the (!Hp rorraapond*
ing with thnaa in hia head, li appeaiad to baiiif
gt d near the hole in the bai k pnrt; no peraiiii in
my huuto waa urrond that nighi— me gun only
waa in the houka— the gun wia fired off by a roan
whom I did not know — he atiKHl about ten ro«lt
iVona ihe huuaH, tow-rd* the river — he fired ai the
boaia that were towii'g uH' the Caroline ; they
had g<)t aome twenty roda from ■ he w harf, and
about ten roda below the line ol ih« atuie home ;
the line upon which the t;iin wu» fired waa .'i or b
roda betow where Uiirfea waa found lying dead ; 1
remnnatrated with tlin ronn fur flruig the gun, and
vild him it might aggravate the men to attack the
iiouae.

John C. Iliggarty awom— I retide at BufTulo—
lived ilipre in uenenilie", 18 J7. I wat on biinrd
the Cnrulino when the wna attacked and dettroy-
ed. I wat in bed when the watch gnvc the alarm.
I waa a pamonger un board the Caroline — not •
paying pattenger It ia a ouatom among tailing
men nut to pty paaiage to each utiier. We call
one ar )tlier "dead lieada." I waa a "dead head"
on the piiiaaga. If neceaiary we ttke hold and
help. On the occaaion of the aaaault, Kennedy,
one of Ihe watch, came to the door of the ladiea'
cabin, where royteif and othera were tleeping, and
told ua if we did not get up we would be hurried
up. We then got up, wad I went out, and at the
aiern atarb'jerd gangway, I aaw a boat with 10 or
12 armed men in her. The boat lay with her head
up aiream, and waa witbin 16 feet of the ateam'
bitat. Before the yawl reached the steamboat
three pittola were fired from tha yawl at myself
a othera, who were near me. One of them

1 ( know who he waa— fall, and Mr. Leonard

aa by me, and myaelf started off. I isad«

1»t tM gangwty on the alarboard a de, where I
wa« mat hy tntit «rm*d wilhruilataaa, wh'i oppu-
aed III* and wmild not Ui him p4iii. A biel h^d
bri'ii r<in under l>i« larlMwrd guard, and ariiii><l
m*n btd got from her, «<ini« ii)iuti ih« Nn»', •ntl
u hi>r* Dp HI tha dirk. I then ttnntot logn forward
III the Utiv giiigwaf . to get oil ih» Ixiai, and when
I goi furwaril I wat lirail at hy a nmu who, wah
uihaiM, waa griitng oti board hirw«rd, fioin iniaM
— I then rtn alt iigniti, ami ih*'* aew aiill lying,
Ihe riitii who full niNMi Ihe Nrai fire. I then return-
ed fo- ward, and when I goi u> the tu'c itil* I hearl
awotdt olaahiDg and piaoilt firing, 1 aiippoaed at
the time, that Ihe p«r>ie« I bad inni on ib* board-
ing on opptMiia aitiea of the boat, bad roine tngath-
tr and were fighting among Ihamtelvat, I ili«n
succeeded In gatiing aahoie, and through the alnr*'
tioiiae nlf the dock. About lhr«e-|ourtha of an
h >ur aftnrwarda I aaw Duriee lying d>iad ou the
drx'k. I had bean, with four othera, down lo llur
Falla to get lodginga, hut not auo eading I relum-
ed to the bott and went to t>*d there. I ha<l iiot
bei'ii aaleep when the watch firat called ut I had
hail in my pocket an unloaded pocket pittol, with
a ihrea inch htrrel. I k'low oi no mliar arms on
board, I heard no firing before i left the citbin —
none coulit have taken place frnm the Cirulin«>
wnhoiit my liearing it, 'I'he only eipretaiun I
heurd from the attaiiania hofore I made niv etcaptt,
wat Iriiin a inun on ilie railing of Uie buat, wba
■aid "(i,>d dnnin yo..! '

Henry KiMnuit twurn— I was at Schloiser on
the night the Caroline waa atucktul - ahed and
atl« c,i, and waa aruuted hy an alaini that llie l^ar-
olinv WHS attacked. I got out into the main road
aoon, and heaid firing of guna or p ttuls. I whs not
near enougd to hear the claahing of arms. I re<
initnedoui till the attacking paity left tha Caro-
line in the ttrenm, whrre ahe waa burning.

After teittng the Caroline un fi'e, the attackiog
party got into ttieir boat*, and rowed up toward
the warehouse, whi<;h, together with the public
houte, we expected they would attack ; but they
did nut. They then went back to the Caroline,
look her in tow, and carried tier into the atream.
I latv Dnrfee lying dead on the wharf, probably
twelve feet from the edge of it. There wna but
one gun in the house, which waa fired in Ihe di-
rection the Caroline tben was. Tne ball could
not have passed witbin 10 rods of where Uurfee
was fiiund lying.

John Hatter awom— I reaidein Niagara county,
ahd on the night of the deatriiciion of the Care
line was at Field's house in 8chloaser. 1 began
that was fired near the house of Capt. Keeler was
loided with powder only. 1 saw it loaded. Mrs,
Field procuied the powder. U waa fired merely
to scare the people whi were taking oif the Caro-
line. I know there was no other gun fired, and
that there was nothing but powder and w^d in
that. That was the only gun about the boose.
TuKSDAY, half pan 12 o'clock.
IT John A. Smith called, and sworn— Resided in
Bufldio in 1837— waa on board the Caroline when
she was attacked — was in the ladies' cabin — had
not been asleep — first witness heard of the attack
waa an alarm that boats were oomioc— thought it
a false alarm to get them out of bed— w«nt oat^
and went forward and aaw the b»at coming — look-
ed forward— heard a " rumpus" there — went 15
feet forward— then went opposite tn the after-
gan|way on the starboard aide, audsawtlM mmn
ci>ming aboard — a gun waa fired, and some on*
fell at witness's feet— witness sitppoeed that the
person who fell Ciiue aft— was somewhat frighw

•tied— ' went

•lidn't go vi-i
armtd on b

To Ihe Oil
d.xk when I

To s^ne
Klat k ro< k
wmier-ilid
wat one of
whether ibt

To Mr H

H)>enoei-
^Iption

j«niea II
poae<l-~thai
Ihe m>4te
when she '
—retired i
waa woke I
and stared
wre arnie«l
awordti thi
"hangsd" \
great many
chance lo
(Nie stiucki
nasa of the
their sword
a shield; ll
arm»; no si
"roll over, :
give us I
out the bed
Ump in it
previous to
then said.
"Kill him!'
er," said a
priso,iera, 1
this lime s
weak; win
wards the |
w tnuts pai
ordered ib*<
a pretty st<
feet 8 inclH
nfllcer'a a|
witness th(
rsceived b

The Col

The Inte
rably to in<
It tnur;h m
ing. Fri.n
wiiich htv
Tr.c rt.Bt VI
Was

V (iilman
that he real
" Caroline
io the cah
watch on i
berth in th
cabin, wiiii
d -or ai.d «
u,i, puiun
cumpa'iioii
paniun- «va
tuno; lite I
tue staira ;
going tiU',
a scuiHe ei
aadaome

i«. mhan I
, «*h<t i>|tpi>-
A b^wl iuil
ml •(iii»<i

• Nm»<, aioj

• lofitrMrAril

Mho, »iih
fnim (hwi«

•mi lyiitff.
h#n return-
•II* I li»«rl

ih« h«Mril-
oinalngaih-
i>»t. I Ui«)ii
\h ih« tliir*-
uriha uf «a
•lad on lh«
down lo itup
(•I 1 r«ium-

I IiimI iioi
xi lit I tuil
piit4>l. witia
i*r *tma on
ih«i cnhtn —
do <Nri)lirM>
•ipritMiuii I

riiv ••cii|i«,
buat, Mrlw

i-hli>ia«r ON
-«l>««l «iiil
hti III* Car-
mKin rotttl
I WH* not
nriiiM. 1 r**
( ihn Cari>>

iiig.

le ituackinf
i up lowiiril

III* public-
; ; buc thuy
• Cftrolin*,
the atretiD.
'f, prubftbly
*re wna but
)d in the di ■
I ball cuuid
k«re Durfd«

ara county,
f tba Cart'
1'he gjri
Keeler waa
ided. Mrc
rnd meielf
r the Car^

Tired, and
and fv^d in
e lionae.
I o'clock.
Keaided in
olin* when
cabin— bad
' the attack
-thought it
-went oQtf
sing— look-
— went 15

the artef
wthe HMD

aone on*
)d that the
bat fright

•ned— fvantont hf the larbo«rd fanfwaf then —
•iidn't go vrry alow !— had lo aiH*— awae were
•rmtd 1)11 b wrd the «taanib<i«t

To thtti'iNin—Haw no iiiau or boata near the
d'H-k whnii I waiii nfT

To S^nr«r— Waiti on board the ateamboat at
Klai'k ro4 k lUm— hadn't b««n d«*wii btrfora thai
winlar— ilidit'i hnow wliatli«r ihe mitii who 'all
waaonaof iha atimlanu nr not- waaii'l certain
wh«lhar ihrrw waa a hghl at >h« tanf way.

To Mr llawtay — I waa a lUnd hutd |iaa*«ngar.

H))«>ncei— laup|juae ihay w«i* all oi that «laa-
^rlpiion

J^nixa If King waa nai( awom, and de-
|MMe<l--thBi he rv»i<bil In lliiir«lo in |H37— waa
iha nt'tte xf the " ('irolin* "— wna on hrnMl
when aho waa at'A'k d— rrc illacia the aMnck
— raiirril to the rabm aboiii aight oMntk-
waa woke by iha firing of a |iin-|iul on hia cttat
ami atared oni, was mat by the ('4iin<li«ni, who
wrn arnirdi drove witoeta back; •truck him with
awcrdi, tNa cabin waa about an feet hi(h, ihay
"hangaii" witnaaa iwnaUierablfl, and aikcd him a
great many queationa, which ihay gt«e him no
ehance lo aiiawer; they cut hia arm; more than
mie atiuck at wiineaa; there were ft or (l; the low-
D'aa of the ceiling pravanled Ihrin Irom uaiiig
tU«ir awiirda murh, aim witneaa ua«d a bltnkat aa
a ahield; ihora svaa great nuite and cliiahing of
arm*; no ah'ioting; thay aaid, whan thry came in,

••roll over, you d d yankar aon of a b r<,nnd

give ua thaae mntiraaaaa I" and thay threw
out thfl beddinn; they look a large backat, put a
Ump in itaiidaume aticka, aiid aet all on fire;
previoiia to wttnaaa' goifig out of the cabin una of
tiiem aaid. "what will we do with thia fellow F"
"Kill hiiu!" anid aiioiher. "No! take him priaon-
er," aaid a tliird. An tifRcer aaid *'we dun t want
priao.iera, let him go aahore." Wiineaa waa at
ttila lini* atanding up n*ar a door, and felt very
weak; witnaaa, on iheolficer'a apeaking, went to-
warda the gangway, but the »entry wouldn't let
w tnuaa pas*; witne*" then lold the nfliner, who
ordered ihH aenlrv to paaa witnea*; ihe officer waa
a preity aiout-built man, about wilnraa' height, (i
feet 8 incliea); couldn't recollect p'lrticularly the
(jfficer'a appearance, aa witneaa lelt very weak;
wiineaa then aiaigared aahore; none of the wound*
raeaived by witneaa were aerioua— mare cute.

The Court here adjourned far an hour.

rUKHDAY, 2 o'clock, P. M.

Trial Uibuhkik
The intareat In thi> p ucecdinga aeema conaide*
rahly to increuap, and iho court-rot m ttiia ufu rnoon
II much m ra crowded than yiatardty or tliia in rii*
ing. FrLm the admintbloarrniigoinani", however,
wiiich h>tve been ni d , the u in 'Htoide'prevnt'ti.
Tnt! ti. at witneaa vailed kt ttua atigeuf tlie triul
Wiia

\ Uilman Appleby — whs being aworn, drp aid
that hereaideain BufTtUuciUnty — wnaonb>Bidt le
*' Caroline " on the niglit i f ihe attack— woa aaleep
io the cabin — w.a >w<>ke by the alarm uf the
watch on dik Mbouc 12o'ciiHk — Wda th nin hia
berth in the geiitlemtn'a cabin, below the lidira'
cabin, Which waa on del k. tsomt one opened the
il<nrai.d apoke to witneaa, who immediately got
u,i, put on hia boou and pantainona, went to the
curapa'iii>n-way [dcarribcu the aitua ion of the com-
panion- wvayj ; unly one poraun cuuld pata th» ra at a
tuno; inettiira are winding; attempt* d toaacend
tueaiaira; Captain Haidi>if end othera were there
going uo', aiid prevented the egreaa uf witneta
• acuffleeuautd on deck between Capt. JJardicg
tadaome on*— remtiaed aome miDUtea; iheu—

bMrd aometliirg like •• aknw Ike d^ Vanke* f-
b«la IO i)uar'»r. ' and eiiea lif ■* hr* ! Mr* !"—
there ha<l pravtou ly ii#«na<ini» nrit.g, aa aoon aa
Hie U'liae ceaaed wiineaa r*iiirii««i (4» <ip«n tha
d<H>r a vary li lie- h ui a fcxii— a man aprang at
the it<M»r ami mad* a rush wnh n •huri •wo^l-the
BAurd atrucit witnetk'a breaai -it gUnctdaloif
Iwit of Ihe ve<l builiiiia and •iiu< k *g«inai a ineta^ •
Ik bulinn on ih" paiiinl<H>iia of MiMieM — Aitriraa
then |«|| hack nnd ha>l the tifhu put out - wnneaa
waaftarful ihai ih* atiarking (mry wou d d*a>
reml aiHi thought thay couhin i gft on ■•* with in
th* dark— wiiiieaa then re<-oll*cted that b* noiild
gal Up thri'iigh llie engine In the tipper deck —
went nit'i a laile paniry and • rapt t'< rough thama>
ihinery to tnx uppar d»ck -tliara wacnoooe on
IhfdxK ihen— tirlow there waa r<>iiaid*r«bln
iioiae— thai la on the ma n <teflk— hmid iiiiibi<>g
aiiil, but ihi«ie wni noisf*; at the corner i f the
wnrehoiu* th*re were two htiinla < If nml wiineia
ciepiin there and lelt " pretty cuinf.rtiible;" Im>
then hcaid a man sny "d — ii it, what hicanie of
the ail iMiuiider that waa iherr;" the man wna on
Ihe rixck; ai»roe on* amil, "Intch the light and w*
may find aoin ' rebela thera," itiaauing Ihe ware-
h<iua«. The light waa brought in, atid then wit-
neaa jumped ininthe water— aa ha ro«e to theanr-
fuca M>ni« oio atriK-k htm on Iha hnck, and h«
then worked hia way along till he goi nihore, an<l
made for lh«« tavurn— thought the lihiw wna given
with a lioariting pike— taw the man thai K>tve ihe
blow wnh a aworil in Ihe otbin— thera ww« a lamp
at the h(iii<l of the coinpaiiK n ataira — the lamp waa
a couple of feet from ih* door, and to high that a
man (ould jnal clear ii going out — then auppoae<l
the man to b<I, the man tlicra (point*
tng to the priaoi or,) had at-on hiin oii< e hafore,
when he hail an int odiiciion to hiin itt the Kagle
'Invorn, BufFalu — waa not wall atqiiauitcd with
Mclieod.

Waa your attention called to that aubject ne it
day?

Yea.

Who did yttu then aay it waa 7

Mr. Mc(.<«od— bui i mii^hi be miatakan.

Did vuu know Durlee ?

Yee.

Did you ■*• him aa you went to the tnvera T

Vea.

Where?

On the railroad trai k, lying dead.

(Witneaa then deacribed the p«)aition and ap-
pearance of Durfee ) There waa conaiderable
blood- the ball had entered on the back of th*
head— Tlitsre were thirty-three men, ten of whom
cumpoacd the crow who were on board the Caro-
line— none of thoin were armed— the flrat ahot waa
from the river aide near the bow of th* boat-
heard like two guni, but would nut aay poailive—
the next report waa that ol a gun fired on board
the boat, followed by aeveial reporta — there waa
a little boy called "little Billy" on bi>ard— have
not heard of him nor aeen him aince.

Samuel Drown waa then aworn, and depoaed —
that he roaicea.in Canandagua — rei ollceu the dea-
tructiun of th*'** Caroline "—waa then at Chippe-
wa, tending bar for Mr. Smith— had previuudy
known th* priaoner — 3Ic Leod then livid at Niag-
ara — aaw him once a wet^k or ao — hia buaincea
waa Deputy Sheriff of that Diatriet— it la about 20
milea from Chippewa to rMi>K ira— Htw McLeod in
Ciiippe wa the day of the UiMruciioa of the " Ca-
rolnie" — atw him only oium~u waa when the

raila were bu-ning oa m u>- i -It^bt up Chippewa

Crct'k— near whvre It vHk.bi (v.o ai \< lu <ht!?liu-

frnrt. to th« nr«rk— hore m'ght h«vn been « thou-
''• id mil* biiriitng that iiigtit there — taw two ur
t tree u( the h all return frum the " (yiiiuline " —
the boata went townrda the cut — ttiere ii a path
along the cut between the canal and the road)—
the boa'i laidfd juit baluw the mile liindingon
Chippewa nreek— three boala landed — waa near
by when the men in tbem gitaahor* — AfcLeod
UNI.* one of thtte men.

WitneM waa wiiUin ten fnetof thn men. They
were talking ab mt the burning of the Caroline,
They went towarda Davia' Tavern — eaw McLeuti
there— a man he (witneaa) called MttLeud— did
not think hn waa miNtaken it bout him — waa then
about ten (eot off McLeod— MvLeod atood about
ten feet frum the platform.

Did you hear him apeak 7

1'here waa a good oeal of talk.

How sure were you that it waa AfcLeod ?

As nure, air, ai I sec him sitttng then ncwb^ore
me {K ruatling aound in ('ourLJ

When did you neitaec him 7

About day light or aunria*. S )me men came
Into iSntith's I'lvern where witneaa waa, and aaid
*' MicLood waa on the atepaand waa wuundod laat
night." Wimcaa aaid he waan't, and went out
and looked over to Davia', and aaw McLeod atand<
ifig on the platform in front of the door. Thai waa
about four or five yarda from Smith'a 'I'avern,
where witneis waa. McLeod had a belt round
him and a aword hanging at hia tide.

laatc P. Co'aon waa then called and waa
■worn. Deponent aaya he reaidea at Pliagara
Fallf ; ia a maaier builder; once lived at Chippe-
wa; lived there in '33, and from that until '38; re-
collecta the deatruction of the Caroline; knowa
the priaoner; haa known him aince 1833; aaw him
in Chippewa about three o'clock of the afternoon
before the burning of the Caroline; there were ae-
veral othera wiih him; they were tahing liquor in
a atore; McLeod remained a very abort time, and
walked out; they aaked witneaa to re'ire, aa they
bad acme private buaineat; saw McLeoid again
about 9 o'clock in the evening; aaw him then
come out of the barroom door; (h«re waa one man
behind him: aaw him next after that in the morn-
ing on the ato >p at Mr. Divia';did not aee whether
he waa armed; there waa a crowd round him; he
was telling of hia exploita on the boat; the per-
formance he done in the Carolin>'; he waa aaying,
"they would not. wiah to see him there again, aa
he had put one d — d Yankee or two out of the
way ;" there were othera who boaated of having
been in the expedition: noneof themdiaputed the
truth of McLeod'aaaaertionc; saw McLeod a day
or two after warda coming uplrom the point at the
creek; ho had a apy glasv; he then Fpi>ke of the
Yankeea aa -ebela and robbera, and he wou'd
like to be on juat auch another expedition aa the
Carohne, ana aet out and burn BufTalo.

Tne hour of adj (urniq^nt, aiz o'clock, having
now Hrrived, iho piuceedinga of the day termt-
nited.

Wkdnisdat MfoRNiNO, (Third Day.)

Judge Gridloy preaidmg.
On the opening of the Court thia morning, Mr.
Diatnct Attorney Wiod, for the prosecution, call-
ed x» the aland Cbariea Parke, who being aworo,
leatified —

I am a native of Canada, and ■wan raiaed at
Chippowa. I waa tending bar for Mr. Davia, in
that place at the time of the destruntion of the
Curoiine. I had then been with Mr Davia 3 or 4
montha. It waa firat diaoovered that any one waa
ii Na»f laland, on a Sunday. I know the pria*

oier Mcli'od, hnvn kno«'n him a greater portion
of the time he held the oflice of D<^puty Sher if of
Niagara Diarriot. During the <tli«rniM>n preced-
ing the deatruction of the (Caroline, I aaw him at
Chippewa. I aaw him • number of timea during
that day, and toward the cloa* of the day, I aaw
him alao after dark. A geitleman came in and
inquired for him between 8 and 10 o'clock in th*
evening, and he waa ahown to McLeod'a cham-
ber— he having retired to bed. McLeod got up,
dreaaed h<maelf, came down into thn bar ruom,and
told Mr Davia that if hia, McLeod'a, brother in-
quired fur him, to aay to him that he had g<)ne to
Niagara. Ab<iut half or three quarters of an hour
after that, I aaw hiina "gun, between D«via'a and
the Chippewa Cut. Thore were a number of
feople about and near him, but whether they
were hia company or not 1 caPDOt aay. After
that, I aaw him, and aomo hundred more
by the aide of some boata Oi\ the bank of the river,
bome got into the boata, but afterwarda they got
out, and towed the b jat about three qiiartera of a
Biile, where th^y embarked on board the boatk,
and ahoved oflf from the ahore. They ateerod
acroaa the river, but I do not know where they
went. The boata were towed up empty on e c-
count of the current. Thia occupied about an
hour, and then 1 returned home and went to bed,
leaving up Mr. Juhoion, who waa alao a b%r- tend-
er in the bouae. 1 have not aeen l*,:. Johnaon
lately, but underatand he ia at Detroit

The next I aaw of McLeod waa about ranriae
the next mominar, when I aaw him on the aquare
in front of Mr Davia' h')uae. There were a num-
ber of people not far from him, but none very
near him, nor do I know that any one waa in hia
company. If I recollect riiht, on the previoua
evening he wore a aword by hia aide. I did not
hear him aay any thing. I aaw him again not
long afterwarda, in the forenoon, while I waa
atanding on Mr. Davia' atoop. Afterwarda I waa
in the habit of aeeing him frequently— almoat
every day A number of oflicera boarded there.
I have heard him aay aom«>'hing about the de-
atruction of the Caro'ine. A few daya after, a
number of them were converaing about 't— Capt.
Stennett waa one, Maj Cochran, of Dragoona,
another, and four or five more; and McLeod aaid,
in purport, that he had killed a Yankee. Their
converaation waa in reference to the Caroline. I
can apeak quite poaitive about McLeod'a getting
into the boat.

Henry Myers, who being sworn, deposed tha
he lives near Canandaigua — works on a farm —
once resided in Canada — is a citizen of the United
States by birth— loft for Canada aeven yeara ago;
haa not been there since — has seen the prisoner
before this trial — returned from Canada shortly
after the Caroline was burnt— aaw the priioner
twee in Canada — once at St. David'a — and
when I moved out of Canada, at Niagara-
saw him on the latter occaaion in a tav-
ern on the north side of the road, lo
bait hia horaea— went into the bar room-
saw there a number of soldiers— some had weap-
ons — some had not. There waa aome talk about
the mnn that ahot Durfee — one said " Where's the
roan? ' McLeod said, " Here he is — Fm the man .'"
He then pulled out a horaeman'apiatol and said it
waa the pistol that shot him. TtM he pulled out

his sword, and said "there's the blood of a d d

Yankee !"— holding on the sword. Here was
blood on the sword— on the end for cbont, fonr
inches — it waa day — wine-a went out to (ted the
horaea— two <» three followed him out— ijiey uk-

nd him whflM h« wai (joing— wifnet* wrWcil h«
w«a go'ng tniisiieva, ni hw wife didn't lik« ' ana-
iia— miniM uf ttiam aaui witnex* W'tM a d — d Vtii
keo, and MnLsod aaid «vitii«aa
and ktinuld'nl go any farihAr.
der th«) Ntted m>mtt lima, and at
if witness was a mind to tr<i«t
migbi R«> humo — witness aaid

was ad— d »vb«.'
Witn<>iiN s'Hid \iv>
last M<;l<*oi se d
tb« ctmptny I 9
he wouldn't min I

d)Hng that>-th«n went in*o the bar room, an«\
trwatrd to the am 'Unt of a dollar — then whs nllow-
ed U) go and proteeded on his journny. Hks not
smoa heard McLeod say any ttiing uf ihi* matter.
C<alvin Wilison was nrit sworn and t>inmin«d.
— He deposed that he resides in tne «M)unty ol Ni-
agara; knows the prisoner; owned and kept ilie
terry across Niagara, called Voungstown ferry,
a nides below Kingston terry; saw r.h« prisr)n«*r
between the 5ih and 15th of Jan. 183'); nmw him
in a public house kept by one James Miller in the
town of Ningara; there wasanunioerof people
wi h him; ho knew a young man of the nnmH of
Keyncock; also saw Mr Miller; thought ihar he
kaw Jiihn Mozier there; also a young nvin nnmod
Meredith, and a young man t>ainfd Eiinmay
whom he hud seen bnfore; they were in a
sitting room in a public house — he«rd them (xtn-
vemiiig— the subject was brought up by Keyn-
cock ill reference to the Caroline atfair which had
taken place a few days before; be wmhed to know
how many h'd been killed; then McLend n^iA ed
that he thought there wasn't more than three or
four; and he didn't know but five might have been
and one thing he did know, he said , there was
one d — d Yankee rebel, Nhot on the wharf; he
said snmett^ing else which witness did not under-
stand; Mozier didn't say anything; Elmsly did not
say a lytLuig that witness recuileried— h-id >tated
correctly whiit the witneas said; the very wo'd^^,
or very nearly; recognised the prisoner at the bar
as tha person who used said words.

AFTERNOON HI8SION.

The first witness called to the siand wna
Elijah D. Effoer, who being sworn, deposed — I
rPMidu in Buti'alo; recollect the Caroline sieom-
bo't; was on board of her at i^chiosser. The nn-
cumiiiodations i>eing poor at Sch'o'scr, 1 applied
on hoard fir lodgings. This w<-s between 2 and 4
of the afterooon preceding her destruction. I
went through her and found no arras, and asked
the per^ple on board how they expected to defend
themselves if attacked. They said they were a
ferry boiiir,aad not aUowed to carry arms. I was
a marshal deputed specially to preserve the peace,
at I hat time. I saw some perauns < ome aboard with
arms in their hands. They were strangers, not
AmeiicdnH ; they told me they were from Ljvver
C-tiiiada. Tney wore CauadiHii caps. It mny have
b<*en my duty as a marstiul to see who they were,
that induced me to inquire of them.

Seth Kinman sworn fL>r the prosecution. I re-
side at Youngstown, Niagara count>; I was in
Chippewa in December 1837, wo king at the join-
er bus ness; I was there »c the time the Caroline
was destroyed, and know McLead, the prisoner;
' I h>id seen him at Y'uiingstb wn and Chipi>9wa hot,h
before and after that event. Between 7 and 9 o'-
clock of the evening prec>?ding the burning of the
Caroline I saw him in Ddvis's bar room at Ch p-
pews; there weie a. number in the rixim; he passed
through the room and went out; I don't know that
any one was with him; others passed in and i>u ; I
cannot aay ihut he was armed, nor that ho was
nut; I did not see him eg <in till aboutor a little be-
fere sunrise the sexc mornirg, near Davis's tav-
•id; ihete were not then others about him; I did

not heur hii) say <»iy thing, nor JiJ I observe wh«.
ther bo w>is ^rmed.

i'h>irl«« Yate«*worn — T rekide in th" west pnr
('f the town ot t^lnrsson, MiiiMt cunnty. Atthe
time of ilie b<irii'ng o' the ('urulire I lived in Ch-
nad^, ah mt liK) miles below Toronto, to the
notiheast. I dunt k'low that ever I saw McLeod
u> Know him (111 1 ntwiiim at Niagira j lil, at
Luckport I believe it was Uvt April. I have
been at Qieeiist^n sevoral timet; the first time I
was there wks du ing the winter of 1H3'.). 1 was
in nt a puMic house there, and there were several
ottiers there, some went up to the bur and drank;
one said " thi» i« ^oiiieihinglike the night alter the
burning of the (Caroline " Another replied, ''Yes,
we gave them Alec; I should like another job just
like It." I cannot sny ihiit MrLeod was one of
tho e persons, but somebody whom 1 did not know
tol't me he >viia McLnod.

William W. (yiswell sworn: I reside at Biifla-
I", lived at Chippewa in 1H37, remember 'he burn-
ing of the Caroline, nod had known McLr*od two
years before that event. About i) o'cio k on the
evening before the Caroline was burned, I saw
Mi-Leod at ChippcA-a, heiwcen Divis's tavern
and iHflcKliii's snire He wmt going twward the
store, I did nor see him again ihit night, nor did I
seeihe eipedition scainst the Caroline start. I
saw McLofwl nSout 7 o'clock next morning, near
■iinriie, on Dtvis's stoop. He cnme from the di-
rection of Divis's barn, which sdjoina the house,
t heard him talking with a numher of others. 1
hourd him »ay ttie taking of the Cnroline was
handsomely done, that " we made the dnmned re-
beU run when we came," and he and others, who
appeired to have been in the expedition, went on
and told whnt part they had taken in i. a expedi-
tion. McLeo i bed n large pisiol in his hand — I
didn't not h< arhim sny nnyihing about the pistol.
He held it by the muzzle. It is three miles from
Chippewa to Schloaser— the pasiage can be made
in a row boat in 20 n-.inutcs— I have made it in
that lime. McL'-od, or some one of the company,
said they hnd left one man lying dead on the
dock, and thai Ae would never come back to annoy
them any more.

Anson D. Quimby sworn. I reside at the town
of C( lumens, Wanen county. Pennsylvania. In
Dec. 1837, 1 resided sorno two miles from Chippe-
wa village. I recollect the destrucii«m of the Ca-
roline. At that time I knew Alexander McLeod,
but not intimately. On the evening before the
burning of the Caroline, I saw him at Dtvis' Ta-
vern, Chippewa, about 8 o'clock. He was com-
ing out of the bar room as I was going in. I did
not see whe'e he went to. The next morning, not
far from sun rise, I saw him "gam, not fur from
the end of the bridge that uiossps Chippewa
creek.

Some of the Cobuig troop were with hira, hut I
did not know "them personally. Some one came
across the bfid|e, and asked, "How did you
make it go last night?" McLeod said they "made
ir. go very well." tte added that Ae, or me I sm
noicerttin which "killed some of the damned
Yaiikees," and added that he had Yankee blood on
his sleeves. He held up his armv, but I did not see
atiy blood. I heard no more, but passed oo. I do
nor know that I saw him on any other occasion.

Justus F. T. Stephens sworn— I Miide in the
town of Gaines, Orleans county. I was in Cans-
da on the night of the destruction ol the Caroline ;
1 know M!:l..eod and saw hm at Chipfew* on the
evening designated; I have known ihe prisoner
since the fdiuf 1835j h^ve ney r conversed with

htm tine* the nl|iit ■(•t«<!; I think it wm betwMn
10 unit 11 u'vltckof iliat nigh I mw bun; Whfii I
firit Mw hitn he wai very near Nmgitrk Kiver,
near a canal, or race, tome lb ruda frxtn the h>-ad
uf the race; he was there with a n amher of uiherit;
they were about getting inut aurne boau; tliey en-
tered the boau and vt ent off*.

Mr. Hall— D.d you Nee the priioner get into a
boat, lam puaitive I did. How near w«re)nu
to him? 1 waa wiihin 5 or 5 feet. Were the men
annod? Part «*«re armed I know— it may he that
a.l were not. Wua the prikouer armed? He More
a sword. Well, whnt then. After feitiijg in'o
the boat th*y put off from the apot 1 firaiaaw
them, went ouiol the head of the cu', and put out
and up the nver. How many boau did youaee?
I mw but three.

llie Court : Did the priaoner go off with tli«
boata ? He went ufl* in thn boat he entered.

Air. Hall : Wtien and where old yuu aee the p i-
aoner next? About 5 hourn after, and abuui 3
o'cloi'k in the niurnirg, lh# boata came back, and
landed a little ahove the cut, where there were a
number uf rail* burning. McLEon and aome oth
era got out of the boata there, aii<l went acrosa to
a tavern kept hy a man namrd Ddvia, 1 believe.

To the Court: They diaembaiked 4 or 5 roHa
above tne head uf the cut. I am not pohiiive that
all disembarked iliere — I aaw threu bubta return —
the aame number that returned

Mr. Hall : The witaek* la with you, Mr. Spea-
cer.

Mr. Spencer : I have nothing to ask him— notb>
ing— no.

Ur. Hall then called to the atand Seth C. Haw-
ley, for the purpuire of |iroving that Mr. Johnaon,
apuken of hy aeverni witneniea, waa at the time of
the deatruction of the Caroline, a barkeeper at Da-
via'a tavern, at Chippevta, at preafiu reaiotng at
Michigan ; that every proper eflort had been made
by him (Mr. Hall) to procure his aitandanco at
thia trial, aa hia teaiimorty would obviously be im-
poitint; but that, beirtg out of tne juiiadictiun uf
this court ; hia attendance could not be com-
pelted. Mr. Hall did not wish thia expla-
nation formally made for his own sake ;
but, anexplained the opposing counael might
might make uce of the abaence of thia important
wiineaa, in hia argument to the jury, to the preju-
dice i)f the prosecution.

Mr. Spencer aaid he should not sj use it, as he
readily acknowledged the Attorney Genend had
used every rersonable exertion to get together
witness s for the prosecution; and the Court deem-
ing the explanation unessemia), it was not gone
into.

The Court here 'ook a recess for one hour, then
to resume the exsminittion of witnf ssea lor the
prosecution, and probably finish them before ad-
journing for tue night.

WiDNKSDAT EVKNING.

At seven o'clock the piocetdings were r«-
■umed.

Mr. Wooda stated that there were urgent rea-
sons which impelled him to ■olicit leave of ab-
sence during i he remainder of the trial, and Mr.
Hall, after complimenting Mr Woods on account
of his able asiaittance, expressed his readiness to
juin in that gentleman's rcqueat

The Court acceeded to Ute application of Mr.
Woods. ^

Leonard Anson waa then called to the stand,
and having been sworn deposed as followa — Re-
sides at Niagara Falls; waa in Chippewa in D. c.
1837; remembers the 2'Jib of that montb; re mem-

here the hurnirg of the CaroHne; I waa at Bmith'a
houte (luring the attack: remained in the houae
llU morning; saw McLeod there in the morning —
knew hiro perannally; he waa well known titer*
as deputy -sneiitT; there were a iiumher uf people
in tti* bar room who were talking of theeipaOi-
tian, and who bad di*n* the greatest deed: the
persona spoke aa if they had been in the cipedt-
tion; heard McLeod sav, '*we killed one d— d
Yankee, arid hero's the blood." Heard nothing
elae particular sai(«; there wm a kind of diepuie
amoi gal them who bad don* the greatest deed,
but none ot them diaaented from what McLeo4
said; staid there aome time; knew ol tbe deairuc-
iion of iheCaroliiie btfore ttiat morning; knew u
the night befori-; tbe serit>nel told him; woe driv-
ing a team at tbe time of the outbroak; gave up
that because be couldn't get pay; ianow employ-
ed by Mr. Porter.

THE DEFENCE.

Thuhbday Morning —Fourth day.

On the opening of the Court, Judge Gndley
stated, that anxious as he was to relieve ihe Court
and jury of thia caae by the concluaion of thw
week, aiill the Court felt no disposition to urce the
counsel to greater speed than was consistent with
th«» lull discharge of their important Uutits, aiid
wished cuunael not to feel )iu»hed bytheCoU'C
beyond a proper and con»iatent degree of diapaich.

Mr. opencer then nailed to the atand

Alexander C. Hamilton— who deposed that bo
retidea at Niagara, (J. C , has resided there ainc«
tbe summer of 1835. I know William W. Keyt •
cock, apoken of by the witness, Wilson. He wa^
deputy collector of the custom* at the Port ol Nia-
gara. I cannot say what wss the precise time
that Reyncock left Canada, but I known he w«a
not in Canada in tbe forepart of November, 1837.
1 went to England in January, 1836, and when I
returned in November, Reyncuck was gone. I
had been on habits of particular intimacy with him.
He has not been in Canada since, to my know-
ledge, and I dont think he could have been then
without my knowing it.

Hulett L'*tt, sworn — I am a farmer, and reside
in Luttsville, Warren county. Pa ; 1 know the wit-
neat, Aaron D. Quimby ; have known him four
years; I know his reputation — it is bad; I woula
noi. believe him under oath.

Lansing W. Weimore sworn— I live in Warren
county. Pa.; know the witness Quimby; na%e
known him three year»; have heard his leputa-
tiob spoken much ol for the last su month*; the
reports against him for truth and veracity u um-
fotnily bad; i would not believe a word he said
under oath, unle>s he was corroborbtcd by other
testimony ; he haa been frequently in couru at
hume as a witness.

Cross examined— I live 6 or 7 miles from him;
1 am a lawyei; I attended the last term of the
Common Pleas, and waa engaged iu the cause m
which Quimby waa a witness; I was employed
on the sioe of the party to which his testimony
was opposed; his testimony was of aome import-
ance, no witnesa was called to impeach hinu How
came you here? I came at the request of Mr-
Spencer, under much the same circumstance* as
stated by the last witness, Lott; Quimby's own
brother speaka hardest of him; he bad a lawsuit
with his brother; I never knew what Quimby's
politics ar^. Have you expressed or do you l««l
any interest as to the eveuui attending the born

ng of the Caroline ? I h^ve felt opposed to the
proceedings of the painois, but I cu not think

I at Bmith'ii

tb« houcM

morning —

nown ihmn

t of p«opl«

thaeipMli-

derd: U)«

ttie eipadt-

1 one d— d

ird noihiof

of diapuM

«iMt d««d,

At iMcL«o4

he denirut' ■

iig; knew u

wae dnv-

k\ gKve up

ow emplov ■

>urth dar.
Ige Grid ley
f» (he Court
wiun <)f thw
\ tu ur|re Um
iiistent with

Uuiiti, aii<l
ly the Cou'C

uf dutuiucti-
I
Med thatbo

there aincw
m W. Keyi •
tn. He WM
Portot Nia-
precine time
10 wn he wva
ismber, 1837.
and wbea I
vtu gone. I
cy with him.
3 my know-
e b«en then

r, and reside
now the wtt<
vn him four
ad; I woula

e in Warren
itmby; tia%e
1 hi8 leputa-
month* ; the
ticity is ui>i'
irurd he said
bted by otber
in cuurte at

)• from him;
term of the
ihe cause m
aa employed
tiis testimony
■ome impori'
ch him. Hoot
]aeat of Mr*
imatances a>
oimby'a own
lad a lawsuit
liat Quimby's
r do you l««l
ing the burn
>posed to the
I not think

everjiitUAed the burning of the rsrnline. Did
ynu ever eipreee Mn opinion that M>-L«>n«l nng^ii
not lo be tried? I do not know tt>M I ever have.
I might have said I thought it a mttler which the
guve'nm^nt ought tosttde.

S<rourl Drown, reoallcd hy Mr Spencer.

Did you have a canversation, in February last,
with David C. Bates, in which you said yon knew
nothing about the bumii g nf the Caroline that
wonld do M'Leod go id or ill? I do not knuw
whether Mr B>tes was present, but wh^n I was
mibpcBoed to gu to Lockport to testify, I said tn
rov br *lher in Taw, Mr H>yward, that if they could
Ttot find a hill arninst M'Leod without my t<>sri-
m my, they oould not (vtnvirt him with it. I re-
ouiiect no conversation with Mr Bates.

Dflvid C. Bates sworn. I hve in Canandaigua,
and kuf^w the witnesa D/own. Same time insi
winter. Drown told me he was subpcn led to gn to
Lockport in the M'Leod case. I axkcd him what
Tie knew about it? He replied that he did not
know that he kne« enough about it Uidj M'Leod
«Hther gmd or harm

David H. Sears awern. Kesides in Canada;
now in the British service as oaptnin of incorpo-
rated militia; waa the commander of the guard at
Onippawa on the S9th of December— it waa the
laferior picket guard, and exter.ded from the Ta-
vern of Davis' tu the lower point of Navy Island;
ih*! main guatl ended at D«vis', the bridge wws
t>tt<veen Davie' tavern and the place of rmbarka-
t'.on; from that point sentinels were stauone d; the
tint sentinel near the place wuere the party em-
barked on the Chippewa Creek; the place of em-
barkation was very close tu the cut where it en-
: ^red the Ctiippewa, there were a considerable
number of large trees at the plane of embarkiiton,
covering the shore there with their shade—
the next sentinel was at the mouth of the cut, six
or eight |pd<< above the cm; the the cut was atiout
B hundred yards through, he couldn't exactly
my; and the sentinel waa half way between the
■ecood and a guard bouse built of boards, which
stod about a quarter ot a mile below the curve
point of Navy Island, on the Canada shore of the
Niagara river; at the guard bouse there was the
fourth aentinel; the guard house stood above the
road from the river, and another sentinel was on
ihe other side of the guard houie; another sentinel
wu very einee on the bank of the river on the
road about 20 rods above the guard house; ano-
ther w«ta about that distance further on; that was
The limit of witness's command; was up all that
night; waa present when th« party embarked;—
Col. McNab waa not there that I knew of, as it
<:vas daik, and I ooutdti't distinguish any one I
didn't well know or see nearly; the point of em-
barkttion waa just below the mouth of tne cut;
ocne of the boaU might have been in the m )Uth
of the cut; there were seven boats; was near by
them; was mixed up with the party; knew MrLeod
then; had known him since '34 or '35; knew him
very well; saw htm very frequently; «aw nothing
of him in the party; the party when they leit
anme of them and nearly all rowed till tbey
got into the cut when aome of them began
ui **tr«tk." I Wis directed to tt-ll the sen-
tinels not to challenge boats com<ng upon thecx-
peditinn, waa wished to be kept serret, and the
ohaileoge might have been heard on Navy Island
— and an officer of Col. M'Nab's staff rode up, and
inatneted the sentinels not to challenge the boats
— witnesa accompanied the exoediiion as far ua
as his guard extended— other officers had charge
of ihe guaid higher up-^ia not positive as to wbo

liaiJ rhnrge of the guard above— the boats went
still tiiKher up so that witneas did not see thrm—
this was about 10 it'dock at ninht— witness then
csme back Ui th« guard-house and remained there
tilt he a tw alight at 8chl tsser— now knows that
that was the Caroline on Are —then went to where
the beacon light was j'ist flirir ^' up immediately
on the cut — relhained only a few moro«»nrs at the
bftar n lig-ii— went immediately ui ihe orderly
riNim wittiin the main-guard whi<>h vt^as kept at a
house in the same square with Dairs— went there
to tell the officer of ihe burning of the Caroline-
then returned >o the beacon light— diH not remain
sta ion there wsry long— but oSser>ed the Ca»o-
line fl taung down— the fire had raised the steam
so ihat n was easy to see that it was her— remain-
ed at liie beanon 1 ght till the hosts returned, about
8 o'clock in the morning — Would persons bo al-
lowed at thattima to walk there without being in-
tercepted ? No one can pass without the couuter-
■ign.

H.»w many biats returned ? At firs», five r.early
together. How long apart in g^tiin.t in? Four
came not tar apart— one fell below And had to row
against the current— it was about half an hour be-
hind. Where did they disembark? Where thry
had embitrked. Were you among them when thty
landed? Yes. For what reason? I had one ur
two particular friends in the parry and wished tii
know their fate. Did you find them? I did. Did
you notice ttie pa ty particularly? I did. Did you
see M' Leod among them? No. Did you see an> •
thing nf the other lioatM? YeM — it was daylight
when they ctrae m, I think. You saw them pass
the beacon-licht? It ivas then nearly ex 'met.
Did they land? They did— but I think I did not
witness thtnn landing. The other party had gone
ashore? Yes.

Were you at Davis' Tavern during that night ?
I was freuunntly and early in the morning Did
yoa see McLeiMi there ? No — I remember seeing
nim the day before about noon. Not that morn-
ing? No. When did you see him next day'
About 1 1 o'clock. Where ? I and another officer
had gona up the river opposite Navy Island near
the residence of Captain Udhur. Did you see
McLeodcome up there? Whilst standing thare
we saw them brine up a canno.i — . Who ? Ti\e
people on Navy Island— and they charged the
cannon— and looking down the shore we saw two
or three gentlemnn horseback, some one said
"that's CjI. McNab," t>ut I said "No, it's Mr.
MeLeod." I remai*. ed there for some hourf,
When the two gentlemen returned. When was
the firing? Just as McLeod and his parry came
up together. Had rhere been any firing that day
or day previous ? Yes — the day previeus. Can-
non ? Yes. They fired at the pe« pie on the Ca-
nada thore ? They did. Any killed ?

Mr. Hall — I ohjact — I object to such a course.

Mr. Spencer — My learned friend seemi a iiiiie
restive — surely 1 indulge no feeling of smuggling
in evidence. I hold tiat full evidence relative to
the conduct of the occupants of Navy Inland is
relev'tnt, 0nd I aporehend he will find it diffinu't
to show that this is not competent evidence. Has
be hmiseit proceeded in that way? I did not at
all anticipate that a question would be rais d
here. ,,

The C'lurt said that it h*d been already decided
that the au'hority of the Supreme Court must re-
gulate thi>< trial. With respect to this cannonad-
ing, it had already been shown, and the hostile
character of the occu anta of Navy Lland was
fully gape into, and rendered re 3U'rence to the op

•rmtiona nf the Navy Uluid«n unneoAMary u.d
illviiiiiniiM.

Mr. Spaiicer requearcd hi* exneplion to h« no-
li< ttd tu ihe reluail uf th« (Jourl U) r^ieiva liw iif-
ler tokliow that three of th« CaiiNiluiia w«ie kill-
ed by th« cannun fired from Navy liland,

Exaioination of witneia rekUine|i~ia it aafa tu
crckM at Navy hiaiid la i^interV Voe— <fir per-
aoDM acouatuin«d to do ao !■> IhcrA ica fti 8chioa-
■ar MO aa to intercept the pa*«aKe? Nii — un.eiia
floating ice from Lake Erie. U it u aM.ift current
there 7 Not lo airooR aa on ihe Canada ahore,

Wunid a aieaniboat on thai rivvr then be a moat
powerful auxiliary of the Navy lalaudera?

Mr. Hall objfcifd.

The C«mrt overruled the objection.

Mr. U^ncer requesied the Court to note the
qufaiiun.

CroM examined by Mr. Hull— Where ia the
place of your na ivity? Canada. Where? Cnld-
wttll'a Ml nor— forty n.tlca from Mnnircal. Have
y •!) reaiiJi'd uny where •'l^e 7 In ih« United Stttea.
Where? Ilucheater. Ilowlops? 1 think I went
there in ''24 and returned in "^IS W>.re yuu in
iiianriuy? Yea. Wht-re eniiat d? I waa ornft-
ed. Where? Atioiit CO miiea (niu M niri-nl in
the Eiaiem Township. In what yf-ai f Ij J8I3

When did you go t > tlmt pluv itrid where r oni:'
I hail been there m ny yearw IIdw ninny? Fioin
I waa aix yearw old. H<«w c m-i yoii Iiik nieutbry
achool-book.

WhatwaaitT A pronouncing 'iaionary. What
turned your atienliun io thai? My property whn
burned and I waa aick, and when convaleacent I
openf d a school and there oriRinnti'il thx btxik.

The Court remarked ihnt ir. hnrt ireaiieritly fpU,
diapofced to stop ijuch a course of examiiiation. It
they were to Have aa many autobiographiea aa
wirneiaea, they would not get through for a year.

EYaminalion continued — Were you ever con-
nected with the patriot party? Yea. Are yoa a
captain now f No Yuu w«re? Yea. in the ar-
my? No, in an incorporated <^oiiir»iiiv of militia.
Oi what county were th^ auurd you t<pohe oH
They were colored men. HaU \<>u this u«impany
at Chippewa? Yea. How did yoo r> ceiv«< your
authority? 1 wait commiaaiont^d hv the (jovernor
to take command of them. Were there uny In-
diana among you? Yea.

The Court waa deaiio>ia to give Mr Hail the
utmoat latitude in relevant maitera, but really ihe
aaicaeity of the Court i-ould no diacover any re-
levancy in 8iiub a oourae or examination The
ca»e »hould be tried in a lawyer-like way.

Mr Hall proceeded — Whe e wna the sentinel
placrd at the p tint of emharhation ?

Wiinesa agbin descrihcd ihe poxtion nf (lie a^n-
tinela aa he had on bia direct tx roinanon. He
waa alao nunutely qiieaiioned reapecting the r;iia-
racter ol tue place where the boata embai hMi ?

Thuksoay, two o'clock P M.
The proceedinKs were ie»uuied t<y Mr. Hall,

who continued the cross exammtdon of 8eara.

Mr. Spencer then aaid iht<t he now proposed to
bring forwHid the do^uroentury evidence 'It o
leutned gentleman aiated that he woii'd firot in-
troduce the varioua official docuiof nis th*tt Imd re-
f«rence 10 thenrgotitttiona htpr*^seiitpend ng be-
tween 'he goveriimeuta uf the Uiii.ed titaiea and
, Great Britain.

Mr. Hall — For what parpoat?

Mr. Spencer— WiL a view to eita^'Iish the

fA>'t tha' the deatrur* ion tf the C«rolin«and the
killiiig of liiirfee wore ihe at la of the puhlo fori «
o> Great liritiiin — which aeia were aubat-quently
ackiiowle<lKMl by ihai government.

Mr. Hall— Yuu wiah theu tu e*lab!iah that there
wnia war?

Mr. stfM'nrer— Yea. Or anch a atate nf matiera
aireleaaed Itie Mid>vidnaia avtiiif under the order
uf the gtivtrrnment nf (>rent Britain from all r^a-
poiiaibility in regard to the oonaequencea of their
acta in that ttapaoty. Mr. 8. then prr»c«eded at
very conaiderable length to ahew that ttiuugh
there had been no formal declaration of war, yet
the provincial government of Great Kriiain had a
right to deairoy the Caroline iti aeif-defeoc«.

Mr. Hall roae to reply —

1 he Court relieved Mr. Hall from replying and
expreaaed lU jiidii ial opinion a* fnllo<>ft:-^ The
pre><Mit indiitiner t haa been aent down to ua by
the Supreme Cniirr, to be tried like any other ismie
ill the Circuit ("ourt. A motion waa made for the
priiioncr*Mdii*chargo on the groui.d that thatC-u t
could look behind the indictment, and doing m*
would be jiikiitied in diaohariiiiig the pruonrr —
The Supreme Court came to the concluoion ihat
they had no right to lo,>k f>eiiind the indieinienl;
and aecond. it they hxil. that the motion ahould
be (Ic >ied f'irttif! WMiiiuf inuritor uf auundneha
of tli« ground on which it wa« urged — on acc-ouht
namely of ihe annence of any thing hke war. in
such a senMe wnirh maltea ihe hilliiig of individ-
iihIh excusable or juktifiaOle; and for the leaaon
that ihere waa ni thing in the pending negotiatinna
whienio.-k HW^y ilieri|ihtof New York to pur>iMh
oirendera acainat her lawa Thia npini n the Sa-

rireuio Court alter the case had been ably and de-
lOeraiely aruued hnfure tli m.and whit'h opinion
though for ttie n Okt part written by me wan the
expreaaion of the uinttd jui'gmentuf all the mem-
bers of the Court. From that opinion, even W I
did not agree with it, I cannot diaaent. Tli«t de-
ciaion la law whh me and may be brit^fly atuied
tliiia:— Abiind of me o composed of Canadian ittti-
els and Ameritan citizena who voluntarily joint d
them. Theko took poateva onof Navy I*ltii<d,ar.d
were therefore a hoatile force inva'^i"ff Cariartn.
Thr-y wcie dir»-Rlly hostile lo the Can dian Go-
vernment, »>nri I have no doubt that me t anadinii
feuthoritiea hi.d a right tu r»pel that invaaion— )o
auppreai) that insiir eciiuii,and to Uhe all ihe means
wiiiih nationa, when engaged in war, may use,
against rebel bubj^cia or foreign enemiea. hut
while that .8 true, it ia proper also to look at ihe
righta of neutrals. Every citizen ot the UnitMl
Siatea who c-hoae had a right, au far aa respected
hia ob igaiioria to hia oan government, to expatri-
ate hinitelf and join ihe msU'geoiM, bui when he
done so he waa subject to all ihu cooai quence*
that the rebel aubjecia of Great Briiain incurred.
Any of our ciiizei s A'hn cho>e had aright to car.
ry provisions aid niuuitionaof war tothuse iiikur-
gfuta at the risk of their lorleiture if capiureo,Bi>d >
in thatview the Caroline wan Jiahle to aeiztire if <i~
portion' I of the armanient of the Navy Klun err,
when the e, ur if puasible on the high tea*. B'H
thht every member of that hostile bund when on
our shores waa arcure from iiijuiy by the advert
po ■ er; and ihe Britt»h goveriiment had no mur«^
light to send armed men from Canada to make un
attack on that steamboat Caroline, than they;;
Would h^ve had lo stnd armed men to Kuffialo t<^
seize on the arsenal, from which they feared the ■
rebela might take arma, or to sasosainate thci
Mayor ot that city, leat he might give up the.i!:i
ariaa. "

inciind the
puhl'd f«>r( «
ubai'qusntly

•h that there

e of mtttert
•r lh« order
ironi all na-
inei ill iheir
>r()c«ciied at
that tbuugh

of wiur, yet
iritaiii had a
efeoce.

replying and
llo** :— - I'he
wn ti) UH by
ly other ihkiie
ronHH for the
lat tbiit C<<u t
nnd doing m*

e prUMiirr —

oiicluoion ihat

he iiidic-inifiil;

niittiua Mhuuld

of loundneHM

—on accoiiiit

DC like war. in

iiigof iiidiviil-

or the lenvuii

pcnegotifltii'iin

York u> pui'inh

npirii n the Su-

in ttbly and de-

I M/hii'h opinion

py oce wan the

of all the mein-

inion, even if I

aeni. Th»t de-

»e biufly tituied

f Canadian itth-

tiuiitanly jointd

Vttvy I*lHi>d,nr.d

I^B'^irgr (..AfiRrtn.

3 Can dimi Go-
lAt vitui anndinii
hat iiivaHi««i»--iit
the all ihe mrans
lU war, may use,
enfmies. hiit

to look *t 1 he
n of the UnitMl
fares respecied

inent, to expatri-
niH, buL when he
ho coO»i qufciicen
Britain ii.eurretl.
ad aright locnr-^
ar totiio>>e iiuur-
eif capiu'ro,»ii<lf
hie to teiziirtt il'n

1 Navy l»l»n erf,
high kPa*. B'li

le bund wb^ii on
y bv the adve^^•'
ant had ito murn
lunda to ni«k<* un
iline, thBn th<y
men to KiifTabi ti
they feaied the
» sssouunRte \t\ti
It give up the.c

Then in my view are the deriainna of the 8a-
pffme Conn— not only opiniona put lorth in their
dccumn, but clothed with auth«irity, binding upon
•nr, and which 1 have no discretionary power to
el a*ide, even if 1 bad examintd the queition ful<
,y and rame to an opposite conciU'ion from that
lif the higher Court. I am administering law here
mt<ject to the review of that very fibunal, and 1
fteieiore feel bound tti rrjrct the proposition to of-
Inr these matters in evidence.

Mr. Spencer aaked the Court to note hit eicep-
lion to Its decision. Mr. Spencer then aaid he
Aould commence with the deposition of Col. Allan
McNab.

Mr Hall laid he objected to the admiMion of
that depttsition on the ground that while replying
to the intenrogalories Col. McNab read hia anawers
from a wriiien statement previously drawn up,
contrary to the law regulating ttie etecntion of the
commission.

Toe objeciiona were finally overruled, and the
reading of the deposition commenced. Almost
every interfogatory however wuh met by some
technical objrciion on the part of Mr. Hall, which
prosracied the rending of Col. McNab's testimony
ull a very late hour.

Thursday Nioiit.

Deposition oj Allan McNab.— I know a h<»dy of
miliiia was akueinbled at Chippewa in the month
of December 1837, and January 1838, to the num.
ber of between 2U0O and 30(jO to rtpel an expect-
ed invasion from rebels and American brigands
assembled on Navy Island and on the American
stiore near Schlosser. They wern ordered out by
the Lieut. Governor of U. C, Sir Francis B. Heaa
Sir !■ rancis was at Chippewa more than once dur-
ing the monthH before mentioned. 1 asHumed com-
raana of the forces assembled there by his direc-
tions. I remember the last time when the Caro-
line came down previous to her destruction. From
information I had received, I bhd every reason to
believe she came for the express purpose of assist-
ing the rebels and brigands on Navy Island with
men, arms, ammnniuon, provisions, stores, &c.
To ascertain thtit f set, I sent officers with instruc-
tions to watch the movements of the boat, and to
report the same to me. These Kentleroen told me
they saw her land a cannon, several men, armed
and equipped as solditrs, and ihar. she had dropped
her anchor under the east side of Navy Inland.
Upon the information I had previously received
from highly respectable sources in Buffalo, toge-
ther wiih the report of these gentlemen, I deter-
mined to destroy her that nighr. I entrusted the
rommand of the expedition for that purpose to
Captain A. Drew, Uoyal Navy Seven buats
were equipped and lelt the Canadian shore, but I
don't know the nuirber of men in each boat. I
ordered the expedition, and first communicated it
to Capt. Drew, on the beach where ihe men em-
barked. A short time previous to their embarka-
tion Capt. Drew was ordered to talie and destroy
the Caroline wherever he could find her. I was
on the beach when the boats embarked, and wuen
they slatted I had been there about a quarter of
an hour. I notii ed most of the persons going imo
the boats I stood within 2 or 3 rods of most of the
boats as the men went, and while they were pre-

firing. I have known Alex. McLeod 5 or 6 years,
think I saw him on the day previous to tbe de-
Biruction of the Caroline, but in what plai e and
(m what baainess I do nut reo>11ect I did not see
bim when the boats shoved off to destroy the Ca-
roline. He was not in my presence that evening.
I was on the shore when ihey returned, and was

near the boata whan the men landed. I taw the
fHces of perhaps oie hHll of those who landed, but
I did iioi foe Aleiaiider McLeiNi, nor do I know
where be was. I s«w the C. on fire going down
the nver after the b«iais had left her 1 think f
made a return u> the Lent Governor of U. C. of
the offlcers and men who dcsiroyed the Caroline,
and I am sure the name of Alei McLeod was nut
among them. I was not in rommand when the
force look possession of Navy KIsnd.

Mr. Spencer tfirn introducsd and read the de
position of John Harris, some portions of which
also met with opposition, many of the objectiona
ble it.terrogatories and replies contained in ihe
McNab affidavit being n*so embraced in this. The
admitted testimony of Harris was substantially as
follows—

DeptMitioa of John llarrln, of the tiwn of Loadon.
I hava no psrsonoal acqdinlunr.s with Alfxai,d«f Me
L;^ud, nnd am not owtaiM that I tivsr spoks to himinmv
lifs. 1 kosw him b* sisht, and not for a lon|t«r perioil
tnsDa WMk. I r««uU«ct Ihediwuucton of lh« Caroline.
I was in C'hippHwa a w«ek or ten days befura that oc
eurrvnee. I was in that «x[i<!iliiiun, and was envngRt) iiir
der Capiiiin Drew in manning the boatii; and I Imd nvery
opiMirtunity that anoftlrnr ban of leninK and mti icing thoKi'
•ngagcl. Aleiander McLeoiJ wa« nut in any of th»
boaii, nur wus ihers any in tba boats ufihatnimn I
was ill ih« bust with Captain Draw, nnd mw ull thu p<-r-
sum in the boat. Mi L^od wus not in, nor did I ice liia
at sny lima. I waaona of the boiirJing purty, and board-
ed her tthaft the wlitsei houfe. I w«-nt forwarded to th«
forecastle hatchway, and was in her cabin al«o. 1 beliave
I WHS the la t peroin who lefl her. Witli reference ti
Alexander McLeoH, he was not with the assailant.a, nor
did he have aaything to do with the dsstruotion of the
Caroline.

I did not see that any p*rMn was killed, aor 3iJ isee
any person p'aced on the wharf. l»a,y one man tevcroly
wouiidad. t saw the men on their return it ilie Canada
shore. Alexaiidtr McLeod was not among them. Their
names were particularly taken down on their return to
Cnippewa as ttie/ lef\ the boaU. The name of MoLeod
waanoton thelist. I saw the list then, and hive leen it
since. Beven boaU Itfl Chip|*ewa, five only reached thn
C ir dine, and five returned in company. I 'kAow Bir
Alliin McNab. 'He wn^ on the beach when we started It
was by his command that the expedition was undertaken
ss commander of the forcea on that station. The ditee-
tinn<4 1 heard him cive were to destroy her wherever We
could Hiid her. C iptain Andrew Dr-w was in command
of the expedition by ord«r of Hir Allan. I know nothing
more than I have stated. All 1 can say is, I am poaitive
Alexander Moli«od w>i8 not in the boats, as I was em-
fUiym*. aa an Aid de Camp to Captain Drew in superin-
tend ng tha manning of the boats.

'1 he next depssition introdhced and read was
that of Edward Zealand, who testified in 'snh.
stance (aa far as admttted in evidencei as fol-
lows—

Deposition oj Edward Zealand, of the town of
Hamilon, aged 45 years. I know Alexander M( •
Lend, and have known him since Jan. or Februa>y
1838, but waa not acq< tainted with him prior to
that. I recdlU ct the afstruction ot {the Caroline,
and was at Chippewa iit that time. The exprdi-
tton embarked f>om Chippewa Creek. The per
sons engaged were an hnur or two making prep •
ra ion tur ~i'. 1 was a'<sisting but hsd no opp Ttd. I went in the buat commanded by
Capt Drew. McLeod was not in our host, nor
did I see him on oar return to Canada fiom SchIo^ -
ser. I waa on board the Caroline the night of her
destruction, aft in thd cabin, on ttie larboard side.
I got on boaid abotit the same time with the other
Bssatlanti, and was nearly the last to leave her

1 (lid not tf « ll*LMd tmoDg tht •■• il*nt«, and 1
do nt t h«lMv« h« WM • m mf th*m. Th«rM was
adKtttlnian lyinv ini itMduik* SchloMtr, but
n« wm not runv«)i«d tb«r« He mttMa«*e ft
diiriPf tli« iittuk on the (/iimiiiie, but I do
not know wtuiner he wm •^ut on boenl tSe
O«roline or on the duck I think the allot thnt
etrutk hiin wm from the direitinn of the tevem
(K ■lore, lie oould not hnve b«en ronveyed on
•hore without niy knowiedpie. 1 mw the men en<
^agflit in t>'e ttxiiediiio i on their return to Chippe-
w«, but I did not »vo McLmd emong thrm. end
bclievo he wai not there. Hoven bn«t« ttaitoi^
five re)iclird the Cerolme, itnd five r^turnnd, el-
tiM>Nt in uoinpnny. I k(io<w 8ir A. McN'tb, but do
iMil k"ow where he wu when the expedition kt«rt-
•d. I did not hoar him give nny or<ler>', nor do I
Know by whoio cominund th» expe lition »t'<>t«>d.
I ll)<\v« no doubt it win itutted by Sir A. MtNab.

Knowi' g (/apt Drew to linve been in (he navy,
I do not thirik ho would hnve entered upon it un*
|e«e proieily authorized to do en, and on that nc-
riuitl j'linci. (/apt. D'pw oommandod, but I
do not know by whoie ordnr.

'I'he court here, at 10 o'clock, adjourned till
morning.

Friday Mornino, Oct. 8.

The conrt met at 8 o'oJtM^k. and i he counael for
the priioner renumfd the reading of tlio depoci-
uona taken under oornmi^aion. 'I'he firat read waa
thatof Wm. Small Lti|ht, whirh atripped aa the
preceding onea of the excluded portiona, waa
aubittantially auMiowa —

Dfosilion of William S Light, nf the townahip
of N irth Oiford, in the diatrict of Brech, and pro-
vince of Canada.— I have no perHonal acquaint-
ance with Alexander McLend — ne waa once point-
ed out to me in ihn sireeta of Chippewa, bu' whe-
ther before the 27th of Dec. 1837, 1 cannot aay. I
bnlieve him t4) be a Britiah nu^ject. I recollect
the deatruction of the Caroline. 1 waa at Chippe-
wa at the time. I cannot apeak poaitively aa to
the peranna who went on that eipedition, except
auch aa went in the 8ame boat with myaelf. I do
not know where A. McLeod waa when the boata
firat put off. He waa not in my boat.

1 saw the Caroline on the night of her deatruc-
tion. I boarded her on the atarboard bow, and
waa the Hnt on board from my b<»at

Alexander McLeod waa not among the firat aa-
aailanta from the firat attack upon her till her final
deatruction, to my knowledge. I aaw no one
killed on board the Caroline. I aaw a man in the
after cabi'ideaperately wounded, and waa ordered
by Captain ■ Drew to carry him on ahore.

I took mm to the gang wiy, and believe that he
either walked or waa carried onahore, but cannot
bay poaitively, aa I did not aee him.

The neit deposition waa that ot John Gordon,
who deposed in »ub stance aa lollowa:

Depoaition of John Oordon oi the town of Ha*
milton, Canada : I know Alextnder McLeod, late
Deputy Sheriff of the Diafaict of Niagara, by
tight, but have no personal acquaintance with
him. I think the firat time I aaw bim, waa when
he waeapaaaengeron board the ateamboat I com-
manded. 1 cannot atate preciaely that I aaw him
more than once. I recollect the time of the de-
atruction of the Caroline, I waa in Chippewa ^t
the time of her deatruction. I had been there a
few day a before that time. The peraona who went
in the expedition embarked at the mouth of the
Chippewa river. I waa there about half an hour
before their embarkation. I do not know hnw
long the other* were Umw baiinra I came. I re-

■ained on the hearth during that time, I had no
npp<»rtunity of knowinc any of the peraona except
thoae in the boat which I ctMomanded. I do not
know where A. McLw^ waa ; he waa not in my
boat. I aaw all the peraona in the boar I went in
before landing at Hoi-hiaaer. I am aatiafind A. Mc-
Leod waa not one of them I did not tee h'm in my
way from Canada to Schloaaer 1 aaw the Caro-
line on the nitht of her deatruction. I waa on
board of her ; I waa not below.— that la to any.in
the gentleman'* cabin; but withthia exception, I
think I Wat in every part of her. Went on board
of her, at the tame time with the other ataailanu,
and went on board the a ft part of her. Afcer \\w
whole of the aaaailanu had left her, I returned for
the purpoae of tecuring her color*; and waa un
board for, I thoiild Ihink, nearly five minuut. I
did not tee A. McLeod on board the Caroline,— 1«»
th" beat of my knowledge he waa not there. I
did not aee, nor do I know any thing of any per-
ton having been killed during the attar k on the
Caroline, or ronveyed on in* Canada aide at
8chloaier, and remaining ihert. I did i ot aee A.
McLeod thatnishtor ainoe.

The aeventh dep«iBiiion read wia that of Chrit-
topher B er, who wi\8 in the aame boat with depo-
nent G<»'don, and which waa at fo'low«:

Depoiilion nf ChrvtlojJter Beer, ai^ed 49 yeara.
a naval officer attached to the war iteamer Mino;i.
Prior to the Hoktruction of the Caroline 1 knew
Alexander McLeod by tight, imt hid no acqiuinr-
ance with him; I waa at Chippewa at ihe time of
the deatruction of the Caroline, and waa in that
enterpriae. I know all in the boat with me; Mo-
L*o«l waa not among them. 1 did not aee hire at
all thtit evening; I waa in every part of the Cam-
line; went on board with the r«^at, and we all left
about the aame time; I did not aee McLeud among
them, either on the expedition, or among our num-
ber when we returned. <'^apt Drew comnmnded;
hit ordera were, **The tteamboat it our object —
follow roe."

The next depoaition read waa that of Capt. Sbe-
pard McCormick, which waa aa followa :

Deposition of Stephen McCurmack, Esq., Lieut
in the Royal Navy. The lirat time I aaw Alex.
M< Lsod waa on the night of the 28:h Deo, 1637,
when he waa introduced to roe by Capt.Uraha'i .
I perlecily recollect the deitruction ot the Car«f
line. I waa at Chippewa about that time and f »r
Bome daya prior to it. Thn peraona wh'i embark-
ed in the expedition were f>ir about half an hour
ttanding on the beach. I waa getting the boar«
ready. I took a liat of the name* and went round
togetvolunteera by direction of Capt. Drew,aa I
waa tecond in command. When the boata went
to dettroy the Caroline. I do not know where
McLeod wat ; he wat not in my boat. I did no
take down hit name, and am potitive he wu
not of the party. I went with the party on Ihe
expedition, and did not tee McLeoi among ua at
anytime. I did not aee him at all that night. I
wat the tecond of our party who landed on the
Caroline, ard wit in moat porta ot her. I wat put
into one of the boatt after I wat wounded, before
the other attailantt left the Caroline. I waa ao
diaabled that I cannot recollect who I taw on my
return. I taw McLend thnrtly after the deatntr -
tion of the Caroline, and he expresiod hit regret
tiuU he had not hmrd of it, aa he would have ac-
companied us. Furtuer tban this I know of no-
thing thMmay tend to the advantage of aaid A.
McLeod.

The next depoaition read waa that of Frederick
Cleverly, who wat in the tame boat with Bt-iit

t)i

•nd O'Reilj
Di'poititiui
■aw Aleia
the 28th Uv
t'l ncconipn
He reinaim
ua'tcra. I
t}iu rxpedi'i
of them em
witli me.
Doc, 1837,
Navy InUi
hoard of he
hor wiih iIk
I did not I
lieve he wa
lite Canad
The expedii
Nab, wlio w
I heard him
who comme
Ian.

On the ri
receat for d

Mr 8pen
depoaitiuna
he propoaetJ
timony-

William J
and being at
keept a put
well; bad k
of Deo, '37
nada about
once; that vt
Jiiiagara the
n a wag'in
a caah bo
theaepeno
Caroline wi
event the n
oppoaite Di
mediately i
to Niagara
latter place
roadt were
a half goini
the gaia ot

John Mo
followa— B
from Toroi
knowt AU
acquaintan
the Carolin
1836; heaii
the regime
of hit loot
gate; wan
if he had
then told t
Bttht befoi
mfbmt; VI
it in our b(
he begged
ry; Col. C
a piece of
roiiqe, wh
from it a p
larger frti
"Fallt;"
tourcet tl
atructionn
witlicwitiii
the great

Di-jHrnliun of Clnitrlit. Etq.—Tht> Ant Uni* I
nw Alriaiiilrr Mrl.r<><] wiia nn itie tvfniiif of
the 28tt) 0()<-«inil)vr, lUli7, when h« was praoiuing
t'> ncrnnipfiiiv ('ii|tt. (imhnm round Navy UUiiir.
He reinaiiieu ih« ()uiirti>r part of the night in our
qut'trr*. I Ma* |ir«-it«nt at the tmhiirkniion uf
uto ripe«Ii'ion a|ainitl the ("nroline. I hw moit
of them em^itrk. McLooii wa« not in the hi mt
Willi n>f. 1 luive never korn him »inr« the Stfth
Dec. 1837, when he returnni Irom going roiiiid
Navy l«lnnd with L'apt. Graliom. J went on
hoard of h<'r, and to mnit part* of her. I bourded
hor with tho reit,nnd left Iior about the rame time.
I did not *eo MiL^od among ihnm, itor do I be-
iirve he was among them when Ihfy returned to
the Canada ihore— nor have I aecn him vince.
The eipediiina wtia ntHrtcd by order of Sir A Mc-
Nab, wlio waH on the beach when we Mtnrled, hut
I lioard him g vo no directiou about it ('apt. Drew
who commanded, received hia order from Sir Al
Ian.

miDAT ArTimrooN.
On the reaumption of the pfoceedinga after the
receaa for dinner,

Mr 8penccr aaid that aa the remainder cf the
dppoaitiona contained merely collateral evidence,
he propoaed to introduce at preaent the oral tea-
timany.

William Pren waa than called to the atand,
and being aworn, depoaea that he livea in Canada;
keepa a public bouae at Niogara; knew AlcLeod
well; bad known him a year before the '27th of
of Deo., '37; remembered the " troubieaa" in Ca-
nada about that period; waa at Chippewa only
once; that waa on the 27ih of Dec ; returned to
JNiagara the aam* evening; took the paaaengera
n a wag'in fVom Niagara to Chippewa; entered in
a caah book the money received lor carrying
theaeperiona; the date waa S9thD<>0, 1837; the
Caroline waa deatroyed that night; heard of that
event the next morning; put hia horaea in a yard
oppoaite Davia' Tavern; atarted from Davia' im-
mediately after dark; O'Keefe rode with witneaa
to Niagara, and McLeod went to Stamford; the
latter place ia about aix milea from Chippewa; the
roada were very bud; were at leaat an hour and
a half going to Stamford; McLeod leltjwiineaa at
thp gate ot Capt. Morriaon

John Mnrriion waa next aworn .and depoird aa
followa— Reaidea at Stamford, U. C ; moved thpre
from Toronto; came to Toronto in June 1835
biQwa Alexander McLeod perfectly; made hia
acquaintance in 'S6; heard of the deatniction nf
the Caroline on the momhigof the 90th December
2836; heaid of it irom Col. Cameron, formerly of
the regiment witneaa belonged to ; waa told by one
of hia aona that the Colonel wanted him at tho
gate ; went down and oaw him there ; waa aiktd
if he bad heard the newa, and aaid no; Col. C.
then told him that a party had gone to Scloiaer the
Atabt before and cut out the Caroline and deatroy-
9* btir ; witne.a aaid then "Your friend McLeod
ia in our bonee, won't you oome up and aee bira ?"
he bulged to be exeuaed, aa be was in a great bur-
ry ; Col. C. waa ia a wagon ; he banded witneaa
a piece of wood, aaying it waa a piece ef the Ca-
ro!iQe, which witneaa took to the house and ctit
from it a piece ; kept the piece and returned the
larger fragment; waa told it waa got under the
" Falla ;" hade the colonel good by ; from other
■ourcea then learned during the day of the de-
atniction nt the Caroline ; Coknel Cameron aerved
with, wttiteoa in France, Spfiin and Portugal under
the great Doke «f WeUiofton for 14 yean ; Mo-

Uod waa in the rottage of witneeo at the time
c >ov#roation took place ; he came there na nearly
a* witneaa lould remember, at a abort time after 7
o'clock on the night b#fore that morning ; he alept
in the parlnr ; he drank tra iliat > vcning with wiu
neia' lamily ; took breatfaat in the pHriornett
morning; McLeod and witneia retired to bed
nfatly at half pan \'i o'clock ; apent the evening
nftpr lea in familiar r«inveria*ion aft^r takii g a
luinhlfr of toddy ; Mrli^rd had not left hia roum
bi'fiira wttnfaa aaw Col. Came'on n»ii morning,
after returning the piece of Wood to Camrrun, wit-
nnaa went to the cott«t|c ; at th<« threahold of the
d<N)riaw Mcl/Pnd halfdretiird in the room; re-
fieitted to him the inti'lligence rrceived frnm Curr-
eron ; McLeoO aaid, " Voii don't aay ao ?" Wit-
iie** repiif d ('ol. Cameron told him ao.

Ily the Court— When did he make that nnawer''

Juttwlqn I aaid Cul. Cnmrron had aaid tlvt
Cnniline had been cut out and aent over the
Falla.

tLiamination continued— MrLcnd then aaid, *' I
wiah to (}— d I had been there !" and McLeod
continued, "Where ia Archie? I want my horac!"
Archie went ofT to get the liorxe— that waa a littlo
pnkt riftht— he waa pretKcd noi to think of goinc
till he got breakfeat, an*' njrri'cd to remnin— hodia
remnin— he then, after being drpHipd nnd having
lireRkfnat, wunt down with him and unw him get
hia hone and ride townrdii Chippewa— noxt aaw
McLeod till the afternoon of the 2d of January fol-
lowing.

Archibald Momaon; aon of the laat witneaa,
an intelhgcmt looking lad, waa then aworn and
oxaniiaed — He dopoaed that he knew McLeod
— hAd aeen Cclonel Duncan , Cameron aome
timea — he waa in Tororto aa witrcaa h lieved—
waa at hia father'a gate when Col Cameron cam<»
up, about 8 o'clock in the morning Col C. told
mo to tell father to come to him. I went up to
the bouae; a gentleman waa with Col C; they
were in a two hone wagon; my father went down,
I went down with him; heord them aay that the
Caroline vaa burnt; heard Cul. C. any that; Mc-
Leod waa then in the parlor of my father'* lioiiio;
he came there the night before, before tea I think
— he went away next moriurg after hrenkfaat,
about 8 o'clock; he went away on huraehnck.

Mra. Margaret Morrison waa then examined :
knowa McLeod — haa known for ttix yiart; — re-
menibera hearing of the burning of the ( uruline —
it WHB ill the ii orning ahe heard it — then under-
stood that the boat waa burnt the night before —
the iiitelligence waa brought by Coloiiel Cameron
— understood that he brought a part of the boat —
aew the piece that Mr. Morriaon cut off — at the
time McLeod waa in the parlour — he came there
the night before — about aeven n'clnck — took tea
there ttiat night — he stayed all night bec^uae Mor-
rison wouldn't allow him to go away that night-
Mr MorriMn and McLeod eat up till peat 12 o'clock
— witneaa sat up, part of the time being in the
room — McLeod and Mr. Morrison took a glasa of
toddy together — McLeod slept in the pa li ur — he
slept on a " atretcher" — (wiinesa expluined thiaas
bning a cot,) the purler waa not commonly uned sa
a beu-room — Mr. McLeofl's boot* were tnkoii from
th- parlor, before be>l-time to be dried at ihe kitch-
en fire— they were at the aame pla-^e io the morn-
ing— ihev were then dry — but were wet the night
before — Mr McLeod did not leave the placn that
night to the knowledge of witness — could not
have done without the knowledge of witness.

BytheCourt->Saw McLeod for the laat time
that lught abaut twelve o'clock; the "atretcher"

«fat ma I* up hnrur* th« yow\^ Itiliti r»li'«>H : tb«
yoU' n lit(lia«'iiUr«ti)«h<»ut 10 o cI«jcIi; hw McI.oinI
B«X' tnornUif ntHiiit 8 o'clock; had lli«iib««ii up
Kh«iiit Itftif an liour ; li« w«a iii the parlitr whxii
<.' il, <!iini«fon cftinu along ; Mr. Murriion ih«ii t ild
■McI.i'imI what had litip(>«ii(Ml ntiout ttiii ('troliria,
niid IVl 'I,mi(l Hiahvit hw had h«Knthrin; anw IVIo
I<eo'* ^^>*' Hl'dritMon of th« miidii day, whvit
tiemturofd irom i'hipp«wii, on hia w>iy tu Niiigt*
ra ; ha had simnnon ball in h n hand, wh ch Wat
Maid Ui huvfl brim find fruin N ivy l«land.

llarri«i AlorriM)ii, daunhMr of Capt. Morriion.
wta ihflii aworii and oxtminvd.— la tha a«cona
d«Ui|hMr of Capt Mi)rrlton

^r Hall— 1 trii«t .he laarned gentleman would
iet the lady'iell h«r own atory.

Mr Hpftncer— Eiamine her yourielf, Sir, w-
<inr«(itig to your own noiioiu of^ propriety. l'n>>
oced.

l!<)i.iininat.ion reinmod by Spencer— Wat at
hoin« III lUJ'J— haa known McLuod ttinie a year
nfier hitr fdiher and htmily came to thia country —
hea d of the affair of the burning of the Caroline
on the morning that 'dcLeod WHa there— on the
S'Jih of Deo.— h«r father heard of it from (.'ol Ca-
meron— law McLeod the night bofoieat tea about
tevAii o'clock— retired hetween nine and ten —
McLeod had not then retired— aaw him the next
moruind ttt breakfdBt— he then lefi the buu<e to
go tu (Miippewa between nine and ten.

C'roM examined by Mr Jenkina- The family
OKUally retired about 10 o'clock— McLeod being
there waa the cauae of part ot the family aitting
up later than luiul— bad heard aome daya before
of the Caroline and about her carrying ammuni-
tion — ia aure heard thia before McLood waa there
that night— thinka ahe aaw Col. Cameron from her
beu room ot her mother'a room — knew Col Ca-
meron—bad been introduced to him in Niagara by
Angua McLeod— that waa previoum to thii lime —
couldn't aay how long previoua it waa— break-
faated about 8 o'clock that morning— aaw McLeod
the aame day in the afternoon at the gate — he
xhfn had a cannon ball in hia hand- lie waa going
to Niagara — he waa at the houae of w itneaa'a fa-
ther the day after New Yeire— her brwiher came
home on the forenoon of New Yeara day.

By Mr Spencei — Mr McLeod waa at their
bouise on Chrivtmaa Eva, and remained dnringtbe
night — heard that the Caroline waa employed i n
conveying ammunition to Navy laland, befoie kite
heard of her deatrui.tion- heard of that two or
ihree daya before — can't aay from whom ahe
beard thia — don't know what the converaatioa
waa about between Mr Morriaon and Mr. Mc-
Leod ttiat night [recogiiizea her aignature to pre-
vioua depoaitton.]

Mr. Spencer at thia atage of the proceeding!
proposed to read the depoeition of Colonel Came-
roa.

Mr. Hall objected to the depoaition, aa irregular.

Mr Spencer made aome veryaevnre reroancaon
the alleged conduct ol the proaecuuon in rawing
technical and unreaeonable objectiona

Mr. Hall charactenzet' ttkeremarkaof Mr. Spen-
cer aa unpreciideiited and ungentleinanly. Per-
hapa in imputing uuworthy mottvea to the proieca-
ting oflScera, waa owing to hie feeling of what be
himaelf would have done in aimilar circumatancee
(a murmer of applauae, checked immediately by
the court)

Mr. Spencer then read the depeaition which ia
aa followa :—

Depoattum qf Duncan Cameron, of the townahip
of York, CaoiuUL— Upon the moroiog after the

deatrufltinn nfihe Candine, ah«)nt nine n'rhv k A.
M , III v. 'iiipany Hiih Mr. M ('. Miyaii, the I'rea-
hyleriafi Miiii»ter of Hi. Thoniaa, I a'o|<ii(>il at
LieiitiMiant Mitrraiin'a gnie in Ininl of ntn fmi ««•,
near SiNniford, ahdut three or four inilea Irom ( !hi|>-
pe»a, ai.d Mr. MorriMtn rnm« diiwii t<> tiii< |r><i««
iihe'o had a • ''nvemnlion with him for ahoiit four
miniitoa. I do not remember evnry puriKiilar »ut
io(!t ol (toiiveraaiion, tboiiuh I may tiiiv<« iiumlion-
ed to him the deatruciitn of the CaMliiif, but I
lUlil not awear that I d d no. I only now it incnrf
hnrthA f'ot of having held a coi.veraation wuh
Mr. Morriaon at |iiat time.

Cniaa *>xwmiiialion waived.

John M<-L*an aworn — Keaidet in New Y'>rk ci-
ty— ia in the city of Waahington irore than liaif
t(ia year; a few dnya previous to tbe hurmna •>
t'le Caroline, waa at the American lliiiel in Mitri-
lo— there a^w McLeod in the bar room; tliere
were a number nl peraona preaeni; niidn C(>nv«>r-
aation enaued in relation to the Canada troiibk*;
McLeod Leoame desirous of rtfeattng from the
room for safety; wiineas and another a«aiatcd bim
toctoao; the night of the burnir got the Caroline
he apeiit in the quartnra of ("ol Mi Nab, at Chip-
piMa; got there at about aevei o'clock in the
evenii'g ; di I not see Mr. McLmd then*. I
HOW him next mominfr nfter lenving M.^Nah'a
quarters — he 1-ft there about 10 o'cIorU in compa-
ny wiih Mr. FootA in a wagon, sni near the Pa-
vilian Hotel Mr. McLeod paaaed witneaaon borae-
baik going towird tue camp

Jasper P. Oilklnaon wm next awom.and depoa'd
nat he haa lived at Niagara aince March, 183(1^
Knew Keyncock; he left before the "troiibUts;"
nedid not go in any very mcriuuioua way; he
went in September or October; was of the force
atChippewa; a volunteer; waa in Chippewa on
the S'Jih; lodged about half a mile below 8tam-
fold, at a tavern, towarda Niagara; returned to
C'hippewa next morning about 10 o'clock; aaw Mc-
Leod; he overtook wiineas and a person who a«-
companied him; McLeod waa on a bay horse; it
waa between Stamford and the Pavilion; when
ttiey got to Chippewa rode along to near Captain
Uster'a house; two guna were fired from Navy
laland at the party; witneaa auggested the proprie-
ty of reiurninE; in returninc the lower battery
waa diacharged at us; one snot entered the hank
of the river; a soldier of the 84(h piched up the
ball, and gave it to McLeod; he took it home

Thia witnest was crosa-examined at conaidera-
ble length by Mr. Hall, but his direct testimony
V as not shaken in any particular, and the court
adjourned till next morning.

Saturday, Oct 9

The Court met at 8 o'clock, and Mr. Spencer,
in continuation of the teatimony for the prisoner,
stated to the court that he would now offer, if he
had not dune ao before, parole evidence in addi-
tion to the document* nr, parole evidence to ahow
the atate of affaire on the border about the time
of the event upon which thia nr^'^cution waa
founded He then called to the atand

Jared Stocking, who depoaed— I am brother to
Samuel Stocking, of thia city. I reside at Niaga-
ra, U. C. In December, 1837, 1 waa stationed at
Chippewa, and commanded a regiment of dra-

foona. I waa there on the 29th ot that month. —
know the witneaa Paeaae, He reaii^ opposite
to me. I aaw him at Chippewa the 29i,h Deo.,
1837. He dined with me that day, and I spent
the afternoon with him. It was his first appear-
ance at Chippewa. I knew Mr. Reyncock. He
wai my neigbbwr. He was • custom house ofll-

e»r, nntl I nftan •niflrtd foodaat hU «>flfli'«. I •!■
• V Hliitirof Imi, niiU koow th«t h« Ull (<in«il«
iM'tirti ihnhr«iihinil out of iha uoublM. I tbiiik
K <■ It* III ih« •UHimar

Mr Hr>«ii««r hwr* roM And itM, th«t th« <'oiirt
h<tvii)K i*irludi<(l th« tMliiO'diy Aral nnt|Mi««<l un
Ihr •'|iwiiiiig oi Mm ilf«l'«M-«— itml ot h iiaiioiitl
rtitraciar — n id t)i«rrb/ ciMiHiixi thm i\» la vn tu
tfltttuKifiy boariiif iiiioii ilia otlitir hr«nrtt of (ho
il«l< iu*«t— U) wt', thn aliitrikcfl tif Mi'L"<m1 from
piri'dipiiiiiii in l(i«« liaa'ruction of thrf> 'ti« (Aiiirt and jury all thA «vidriii:a (ti> y bad
141 iitr«tr in ibat b«»liall, and uuw cluaad ibtir (vaU*
rooity »iid rraied.

FROSECUriON RESUMED.

Mr. Hall hers ntl'Mrnd In i^aniuoiiy the anrolU
mfiii and linoiia* uiidi>r wh ch lh« Carolina ran,
bifbilHted lat Dio. 1837 Ila t^iaii ulFered lu
rvail )boimt«iDan( made by ilifl priaunar, furmtl-
iy, iteluro JumIu-n KoII, kinuad by bun, in Mia pra*
arnica of hi* couii««l Mr. Hradly, duly au'bttntica-
tcd by tha Juilira. No ubjaoiion baing roada, tho
auioinant waa rend. It wh in lubttanoa 'hat ha
want with Capt Uraham round Navy Island, to
look nut fur tb« Carolina, nn tha allcrnoon of tha
2SUi l)«v. lb3S. Thvn lainrntd to Uavia'a tavern
went lo bad and ramaincd thara till 7 f>r 8 o'clock
in the rvaning, and about 8 o'clock latt on horaa>
back fur Niagtrm

'I'bat ha rode to Capt. Moriiion'a that evening,
atopood thara that niRht, go ng to bad about 11
o'clock, and remained tbara till afiar braakfaat
nexi morning. Before ha lait ('apt Mirriaon cam*
to bim in th« houaa. and informed him that Col.
Camoion had called and told him that thay had
destroyed a atcamboat tha praviuuH niitht. At tha
Pavilion Hotel he ovaituok a pernon whom be na<
nied, who iotbrmed him of the particular* of the
deatruction of the aleamboat Caroline. H« then
rode on to Ctiippewa, arrivuig tbara between 9
and 10 A. M.

Mr. Hall than r^ad the teatimony of Capt. Mor-
riaaon, and hia aon Archibald, taken by Juttice
Bell, in behalf of MuLaod, dated 14th Nov. 1840,
at Liiwiiiton.

Mr. H. then read the teatimony taken before
Juatice Bowen, of Niagara county, regularly au-
thenticatad. 'I'na dates of theae ditoumenta were
the 17th and 34tb Dec. 1810. The first document
waa the exainiuation of ihe pnaoner, stating
that on the evening preceding the Chriatmaa
before the burning of the Caroline, he was
at B >ffalo, and ihere be learne«i that the
Caroline was fitting out to run to Chippewa. The
next day he rrtiimed to Chippewa, and on arriving
at me Pavillion Hoi«l at Niagara Falls, he was
there told the same thing. On arriving at Chippe*
wa ha informed Col. McNab of what be bad h^ard.
Ou the laorning of the 28th he and Capt. Graham,
in a boat with 8 sailors, went round Navy Island,
to see if they could see anything ot the Caroline.
They did nut discover her, but in the afternoon
he saw her running' between Schlosaer and Navv
Island, fieinff somewhat unwell he went to bed,
got up about 7 o'clock in the evening, and rode to
Capt Morrison's where he spent trie night. The
next morning he was told by Captain lUorrison
that Col. Cameron had just informed him that the
CaroliDO was burned ihe preceding nigat. He
slept alone at Morriaon'a. He had never told any
person he va* at the burning of the Caroline, nor
did he ever exhibit to any person a pik|ol with
blood on It.

The next dooamant wu the tcitiiiionj of Mn

Mo -risen, timilar, In sabalanra to the evidenre
she lavp Uai evunini ; and in «<M<Iiihi, that h«r
dangh<«r tUI n had rivi>d with M L«<hI, r>iit wns
a«var married to liim. Hhe <«aa howsvei mtriied
afterward* u> another man.

Tb* next «loruiu«iit waa the rviilenoa of I'elen
Morriton, wlio testified that M<'L»od waa at her
f •ihar'« liiiu«« on th« iiiglit the ('nrolnie wa* bum*
tit, and aiiM lieiird her failiar toll Iniii ii»it in ruing
of ih>« huriiiiif of tUe Curolwie flu wu* tola <ii i.
Ill tliii ptiliir litf tre h« 'Mt« wholly ilrc««nil He
|i>ft tlio hoii«e about lU A. M. M<'L«(hI alfpttliMrw
Ml t.'hriaimas night, and had frc(|iienily slept
Ihere.

Mr. Hall then prupoaad to put In evidence in-
dictmenu aifointt several of tho witoesaea fur the
diifen(;e, a< p<iitiuipanta in (ha burning of the Caro-
lina ; but tue court deemed such evideme toad-
loinsabU.

Mr. Hall thatl propoeed to read the depoaiilon
of Kutatil luglla, tak«n uridi>r rommiaaion, whirli
the couiiael tor the priaonor had declined ui rfad.

Mr. Hpeni^er ohj«ct«d, but the court admittud
it, and it waa read

Kusifill Inglis, barkeeper of tho North Amnr'ran
IltHul ttt Tiiritnt'i, lit tu4 uudtir uAh that he knoWN
Alex>tnder McLo d, mill U< was at tlut ILito on
the lilit Doconber, lSIi7, in compiny with levinl
gout oiiioii and ofliuors.

Mr. Hall then called to the atand

Kev. John Mar«h, who tcatilied a« follow*: —
I am a minister of the gospel of the Mvihodiat | er-
Buaaion. I was a(>r|iiainted with the witness 8um-
uel Drown for 4 yoaia in Canada, and never honrd
aught againat his character, nor any thing to dia*
credit his veracity.

Cross examinoJ. I was intimately acquainted
with Drown, and for a year, while Drown lived at
8r. Catharine's, I waa in tho habit of d-tily inter-
course with him. He was in ttio employ of my
brother and myself part of the time. I never
heard his character questioned.

Piatt Mmiih was then culled and sworn for the

frosecution — I reside in Ljckpori; in December.
837, 1 waa in Canada, at Chippewa the ma«t of
the time; I rocollecr the occurrence of the burn-
log of the Caroline.

Mr. Spencer interrupted the witness, and in-
quired of counsel what they intended to prove by
taia witnesa

Mr. Hawley replied that he intended by this
witness ti rebut the evdence given on the pirt of
the defence as to the ahbi, and to prove that on
the night of the burning of the Caroline McLrad
was at Chipprtwa, and nut at Morrison's. Als.),to
sustain the witness named Drown, whoae testi*
mony it had boon attempted to impeach.

Mr. Spencer danied the right of the proaeou
tion, after resting its testimony to ofier accumula-
tive evidence, and on this point un argument of
considerable length ensued, in whinh tha counse
for the prisoner quotod fram 24ib of Common Law
KeporU, Rex vs Hildreth, 22d Wendell 225 ; 2d,
Carrington & Paine, 415 ; and 1 do 219; and Mr.
HawlAv, for the prosecution read from Cowan &.
H II, 735, several pages in which various other
authorities were quoted austaining the right of the
prosecution to the evidence proposed.

The reault was a decision of the Coort against
admitting the tostim my proposed.

Satokoat, half past 12 o'clock.

The court remarked that in reply to an argo-
meat offered by the last speaker, the court must
aay that it was bound to exclude and bad exclu-
ded, all consideration aa to what iiapressi(»n its

d4»ri»ion« mifht mak« In tny p'>rtinn of th« pnbltn
iniixl. Tliw roiirt WM lo «l#rMlo «i cording !<• Uw,
•ti«l wliitlly irrr*|i«>fiiv« uf ih« opinN»n of Miy —
'I'liw (uiiri ««N Mirry Omtriiky •tirhimi*iitiitio»a m
ihiiM'* now •livt'iluil and rcpiKlitleil bad b«ao
ma<t»'. , ,

Tli« f umirmiim of Hmilh w«« now procMclojl
wktii. Krit'w Drown; WM iitNintirif hia (wttiiraa')
!.M»h«»r wfirii Drown waa wjili him w..e rdUH up
hy Uinwn Id Hot iniilriiiiiit of ih« hnrninf of ilia
Carolino. ( I Im alUirmy (»i n* ral than pro(M»»»i«l
III piovi'l»yi Ilia wiihcea ilm> ha ♦ventwllh l)t wn,
An aooM lorkinlthth ttifl initli ol Dnwn'a tt^MJ
niony. Mr. Hpi-iic^r ohjcrtt'd, and cited from 'iaU
Wflndall't, l>»« (Imiii'iit of tlia Hupariur Court on
n ainiiliir qiiflaiion Mr. Hall rapliad. il« h«l<l
that whaiavw threw light on th« truth and vara-
niy of the witneia Drown waa •videnm. Tha
QOiirt.— 'rh«>n you nimrtilon tha point aa Ui Drown'*
•leolara'iotif. Mr. Hall.— Yaa, at pratant, but
not h«ro<ifiar. 'Iho court eiclud#d tha aviiianct.j

Crota nxnmination r«»uiiie<l-^Never haard any-
thing uR'iiiiat D'owu'a varacily— heaxd tlio titati-
BMiiiy Ol Cnpt Hcara— wna at the bcwon light be-
tween 1'.^ uiiil 1 o'clock— ihore might have been
four IdiniH that cm\t> up together, but thinka thtra
wcrii only t<ireo— one fell below tha cut, and
might have went into the nmuih of the C^hippewa
cr«ck— lie did not lee it come in— periona were
continually pnwinK and repaaaing along the ahoro
— Mome gave the c(>untoraign,Hnd a good nany did
not— found nodifllcnliy in guing to the beacna
light— hud the coiiiitfriign, hut forgot it before ht
got to the tttUincU—llua occuried about on*
o'clock.

Can yoti aay whether, from anvthirg you
know, that Alexander Mclieod could not have
been at Mr. Murri«on'H at Siumford that ni^ht, be-
tween 1 and 2 o'clock that morning?

Mr. Spencer obj acted.

Mr. 11x11 waaattouiahed that at that atage of the
trial a rigoroua rule had been inaiatod on after
■uchahberitlityhnd been rnanifeated all along in
favor ol the prlnoner. He truotad the court would
at once decide that the qoeation waa proper.

The Clourt had already deluded on aufficient
groundi qiiestioni going to elicit the anawer now
•ought— Ihia evidence wna in chief and not in te-
ply, and of couritewaa inadmiiaible. The Court
then put the qiteation thuH :— If you can atate that
McLeud waH not there for any other reaaon than
that he waa at Chippewa, you may anawer— if
not, you cannot anawer. The court then a(i|joura-
ed fur dinner.

TRIAL RESUMED.

Satukdat, 2 o'clock P. M.

Tha examination of Piatt Smith waa continued
by Mr. Htll, who aaked the witneaa if any delay
bad occurred at the diaembarkation?

iMr. Spencer objected.
Ir. Hall— I only intend itqwaching theevi-
dence of Seats.

Mr. Spencer — Go on then.J

WitU' ta— There waa a delay only of a very few
minutes, afterwards fell in wi.b this party; they
■lopped at Davia'a houie, and tome one eaked if
they ahould wait for the other*; they did not wait;
witaeas waa there aa long aa they atood there;
whilst witnet a waa there the party from ttie other
boats did not come up.

Mr. Hall then dealred to aaceitain from the wit-
neia where the pri'oner waa in the morning.

Mr. Spencer— Where do you propoae to ahow
kewM.

Mr. HaU>-At Chipnewa.

Th««<:o«irt-WhfnT

Mr Hali— A; sunrise; it is not at all euuulative
eviilAnce.

'I'ti* I'ourt-It is still evhianre ol tbe same do*
a''rip ion, connecting the priauntr wiib tha traiia-
ariiou.

Mr. Hall— Not ndependcntly of the oUter cvU
deo'-a.

Tha Court dacif/i>d the evidence waa inadmital.
bit. The rule waa laid down in a late < luo of
Niii J'nui, Mt'liMlalo, Judge, the deiimon In
whi<'h I he (Joitrt tlion read.

Mr llnll then proiHMrd to aak the witneaa;—
Uo yi.u know any place whom McLeod w«« met
hoiMoeii I mid U o'clock, on the muriiing uf the
SOtn Deo , 1837?

The Court remarked that that waa aubatantial*
ly the aame quesiiun aa before, and. iheiafore, to-
admiasibln.

Mr Hall then proposed to ask.— Do you know
that McLeod was not ot Morriaon's'at o'clock,
on the morning after the destruction of the Caro-
line I

Tha ('ourt observed that, aa Intended to be,
the fAct elicited came within the rule, ii was nut
to bo got in any aiich ingenioua way aa that.

Mr. Htll would then aatc— Did you «o« ihe pri-
aoner aa late as 10 o'clock at Chippewa, or any
other place?

The Court denied that thia question might be
put, as none of iho evidence fixed the tirue of Mc-
Leoil'a arrival at Chippewa, uur where he waa at
10 o'clock.

The witness then replied that he did, about 10
o'clock, see MoLeod go from Davis' across th«
bridge down the Chinpewa; there might have
been one person with McLeoil; ho was going from
the quarters of Col. M<:Nab; saw him on thu Sun-
day following; then saw him very near the guard-
house, three quarters of a mile above; it was about
11; I did not know who were with McLeort: connoC
aay whether it was Mr. Gilkinaon — did not recol-
lect seeing Mrlieod after tliat— one of the persona
was spoken of as being McNab — it wa< nut he —
it was a stranger to witness— he rode on a white
horse.

John C. Davifl waa then sworn, and deposed
that he residen at Chippewa — is the proprif tor of
" Davia' tavern" there- waa there when tl^e Car-
oline was burnt— recollects ihat t'.oio — was ihen
at home— reaullecta diatinctly the transaction —
knows the prisoner at the bar— he usually stopped
at witneaa' huuse when in Chippewa.

Mr. Hall then proposed to ask the witness—
" Did you on the following morning aee the pria-
oner?

Mr. Spnnoer objected, and the Coiut excluded
the queation.

Witness retired to bed after twelve o'clock-
was at the upper end of the cut wlien the expedi-
tion was returning- avoided seeing the party-
went home— went into the kitchen — couldn't aiy
that he retired to bed before or after the party re-
turned—done 80 ahortly after bia return— didn't
see Mr. Sears at all after he returned — is confident
of that— a number of the officers staid at witness'a
house — witness's room was immediately adjoining
the officers' room— and could haar in it the voicea
of persona in the room— officers were there that
nigbt— imsgined that he recognized voices there
that night— it waa too nice a psint to come up lo
to say positively about that— there waa a good
deal of load talking there— did not aee any of tba
party that night driiUuqg MOipt «a«— thera vim

luUUv*

lama do*
>• traiw-

rut* of
cimofi in

•f>«r«*, ia-

• hffil tfxili mil of liU hoM* iliAt nlghl. arui th»r«
lOOi* Ulk fthoui thai — wiiki><l ab<>ui •uiui*«— H«*
Aif* h«> fot otti of KmI ••«* lofn* |>«rM»ti. H buf

Mr. M|»«rir«r otijrrlctj.

'I Im « 'iHirt ovrrrulttl llt« qiisvlwkO fi^r lh« rtt
•oni alrvixly atKird.

Ihll ' l)j V"ti know Mr i'«rkt»?

ttprntMrr oh^tcuni.

'I ho Coun N(iiniti««l th« (]«i««iion.

W<uifl*a — 'I'tin priaoiier Mrvnt ti> h«<{ in my honin
thm nl'irrrMMm— *\« got up in ili« »vi>nin| -rt«v
him kboiii 8 or U o'l li>ck— he nnlortd In* ht>r*«
than and naid h« wna gmrg lo Ning^rn— n gfiitlf.
man rnino in aud ••kf'd fur him afiaiMrard*— ii was
Mr. ¥rt»».

Philii Hmith wia th»n c%l!ad trd aworn— M.i
d«pw«<d ilut ))• r«»i(!ed at CtiipiMwii w'i«ii ilKi

Cnroliitn waa hiirnt— i llocU ilm' <n 4-urrniH'i* -

WB« tticra part of tha iioit lUy-vvMH ihrrM ii)»jiit
8 ii'cio) k the ixtit rfny— knew Mi'IahhI w»II.

Mr. ^<|>^n^•«»| — ^rtiai dn y,)ii pnriiimt to doT

Mr Jrnkiiu— Dueaituit como wiihiii Ui« rul«7

'r>i«<;oiirt— Yaa.

Mr Jt'iikiiii ■■iintiniiffd— Ar« you ari|iiaint««l
wl'li Kamual I>r«)wn7 Yna Wliai'a In* •liurac-
tar for vrranity? Navwr ti«ard i' untitltwil.

Mr. Mprncur — Did JKowm run away? VV«|l,no
Ibniiava not. Ilowr did tie |«t away? On ar-
count of aume mob or uthft !>■> yon u *!oiik to a
••crat loifg*-? No. Kvar did ? Wrll, I onuo at-
tended oiii) two yaara ogo. Thnt'a all, a r
'*J»mfa H. ))vka aAorn— I rciida at Ningnm
Fallaon the Amrrictn aid^, and know the pri^in-
er; did not »«« hiia on the 'Mih of Oct; ; anw him
the morniog aOmr the patiiotA left the lalaiid; aaw
hiin in Htaniioid; he waa hitchmg a horne before

• wagon; didn't know wlitt hurae; uau t aay it
waa tnpt. MurriMn'a.

The Court aaid it did not R»e how the Attorney
General could go on to contradict the atttementof
the priaoner whiuh he (the AUu'oey Ganeral) had
himaelf put in.

The wiinota th<>n proceoiJed in reply to interrn-
gau>ri«i — told Mc.Leud the fun waa ov«r — that the
pntrioU had left the island.

Timothy Whnaton waa then cnllod and a worn,
the ciiuniul for t^e priionnr having stat<>d hia ob-
jortion t o hia evidence, ino«miirh a« he waa one
uf the witneaHea called before the pro<«4 iuir)n
lea'ed and did not appear, nod there wim no provi*
aion tliat hia testimony ahould b« admiiiod at aiiy
aubaequent period of the trial.

The Mitneaa demmed that he reaided in Cana<la
in '38— recoUecta being then in the town of Nmg-
•ra— aaw the priaoner there — convened with him
•-was standing near the ferry, paa«ed the time of
day with Mcleod, and aaid thnt " the pmtr fellowa
(mtaning the aentinelt) had a hard time of it"—
conversed about the difBcultiea in Caimda bvfurn
thnt, and then naked hiiii how mtny of the Navy
Inlanders had neen killed on tho Canada thore —
he replied two, if wilneaa rightly remembered —
then conversed of the memt>er8 on the Island —
didn't know that he aaid how many were there —
but he said ihey never would have the Caroline to
•aaiat them again if they got on to the Island —
witneaa then soid he understood she had been de*
•troyed, and the priaoner aaid she hid — he aaid he
waa th«t aecnnd or third man tbat boarded her — he
waa going on to say that be came n«ar beina kill-
ed — iiipn some man came up, and McLeod wit-
ness thinka said, ''Hold on a moment, Herron 1" —
that'a alt the conversation had with McLeod, fir
heatarted ufT then— bad never aeen Mcleod bo-
ipre— lived then at Wnitby aliout 65 mdea fhmi

fliaffara.

Wm DtflaM wna ih«n swnrn and aramlnad —
lled«B«He«l ttiat he knaw 4 apt Mo'riioo. Iiad
tMrn inrae liroa* at hu h»ii>f>, fsw htm oitra at
l.'Hislun III i>ov*ro^»«>r, INlii, Mh> n h» ami h « la
mily «*«<>•• rianil' «•'! bnftira Mr. lUli; in H pi«m-
hrr, tHSU, h«ard himvay iiia* ^e li>i|Md ih« Aniar.-
run aUlliuriliaa wmi d n*l Mrf.'od uml piinith hilM
lor ptrti>''|t«n<>y in hiimiii« iha (aroiit* ; b««ril
him *ay Ibesnrne tliii>g at hi* >i«ii hoiur; \\f rt-n
sun that <'npi. Mo-rwon a»aiKi><>d ifK >o >iiyi"g
was that MuLaiMi hid »aiti|.)«u his daiighlar istiu
«ra« married In a Mr 'I'aylor.

MrHtl then callo U4niel list'er, 'fhimaa
Karimng andtHieur t^ j others, tiui Uiay liid ivit
appear.

JotinC Hhuhhrirk wa« thru railed toritie pur-
poatfof pniving ihs ih)<ru wn« ho rir«-nriiM «mi
Ixmrd tlui (uroliiiM i nd lo iniifu'h tli« evKlriue
of ihe priauiier'a «v lri««s> *, who swore to ttin con-
trary.

t'liiirt— It iaalrjady p'oved that ihay w^n nn
armed. Mr. H|Htnrer, 1 1 it pnrt »f your tasi' Ihui
tha Httackitig party w(«rv lind on!

Mr. 8poiicer— No, your hoiuf, I ohjert however
in addition lliat thu is ntuiiiltt'ivn (ividi-nre --
Thntr aiteropt now t4i prodniM imw »<vidi-iii'«i -
'I'he learnita gentlt nuto (MiiUimfd 'hnt thn <'is«<
fur liin prosecution hbd hmju shruudtd in gtuwiu
conirary to all preredrnt.

Mr. J«nkins-L)id the lesni«d gentleman not
give the F<<lllor of the " Otmervcr" a lut uf lliu
witnesses fir tlie pniseciitionf

Mr. Hpeocer— 1 liwk the nimns in pen(*il as
they were lallod by the cl»-rk on ihe first day ?

Mr. Hall conlend<'d thnt it would not tiave bceu

tnident at one time to disdoae the wiinessaa.
tut aubstf|uentlf in the apirit of liberality, the
names weie given in exchange for those id' the
prisoner's witnvases. And it was eitrao'dmary
thiit a counsel, after entrapping him (Mr. halit
should discover so liule of the generosity aud mag-
nanimity cona.iiuting a gentleman.

Mr Hpencer said iliiiMr. Wnod give merely
names without riaulences as sut>j«rik ul iheir t«t»-
timouy, find very lew of ihein hud been produced
on ihe trial.

The Court hoped the B<'erhitit>s ext>ihited by
gentlemen would all be sni<M>ilied down tcloiu
nnuihur week, and wished to know Mr. Hull • ol>-
ject in producing tbiawiliiesa.

Mr Hall-— I'u prov* the fact of their being un-
formed on bjard tb« Cafuline.

'i'iie Court exciudad the evident • as cumula-
tive.

Mr. Snencer here read the deposition of the wit-
ness DeHel', taken before the Justice. In this do-
cument iietifild stilted that he had never convt>ra-
ed with Capiain Morruun on the sutiject of the de-
struction ot the Caroline till the eveuii g before
the deposition waa taken ; and that flSornaon siid
he was not certain that McLeod waa at tua house
the night the Carolino was burnt.

Dr. ilamilton was then called by Mr. Spencer,
and being awom deposed — that he had knowa
Defieid atnce he wan a boy ; hta reputation was
not good ; witness is a citizen of the samu village
with Uefield ; witness kuows Captsia Morrison
his repuia'iun is good.

By the cuurt.— Is sufEeiently acquainted With
the persons associating with Capt. Morrison so as
know his repntatioo aiid standing.

Dcfield was a serjeant in the miliria; he
waa not appointed as u lieutenant; saw him
on du'y as bargeant b«fore he deserted to Navy

fa*«ft I— know* )h*t ttf.m •fHiUviii -n-x f,nm p«f •

IiIM— «|tr •••! la M M«>*l|«r <•( ill* til* >li>Tlfl^ ll«m-

I'Infi i>ria»ri«r WN* hi* tiapiily- «i I'* ii>*« know
)i* pim nor U llibln )•> aityrUil urfimln*!
«r*>Miig 'Hit of ih*! rnopriiiM. I)<l >i >i
Hfiiiw niivili I'j • fill* |ifn«»ti»r'» h»'i>i r«i|»»«l
oa by ^'t^rir ll«milii«n i» <ll««>'(i«« cimiiihioii
Willi 'h" it •ofT'ioml |>nrty I" ('aiitiU

Ity Mr. >t|M>ti iif- I Kill pr#*i<'r<ni nf • K«t k. •ml
in ifiN' wny ii'K'itini**'! lillU for <'•(*• Mirtioiii -
(J«|>l. IHorMt'in hii« )i«*ii p^rfvily ii^bor »iii<* li«
WM« «t |#«»i«i'>n «•• 4»l(nr>*~ li" wa* iiii))ii«'«i»<l
then— bs» iiot h««a til MiicM lu wilnoit'a bnoMr-

J>ihn M> Cirnh^r w«a Mirn rullpt) Ky Mr. lliill,
unit «lr|Mi*«H »ImI Iii> Iiii^w NaifiiiMl l;r'Wii--h«
haa KM iinrii'r|iii>iii«tt|« ohnmrwr litr tiut'i ai.U
vamrity.

J..««nih Cfnut w«« t't»n r«M»«MH r ii* «li'po«#<l —
%vii« ih« acKiit who ii'*«'imI»i{ th*> > •»«'iit>oii uf Um

< !«iin<tiit'i ('<>nimi«»ioii«'r« — was puitwiit at *h*
mkiiiK of lliirr n' «iviili'iirf> -ha wok |irufnpl*<l by
ibn t;<iii)iiiiN(i'>nrr>~<!ii1it'( rrcollitr.l mom thiin
oiia iii«'an(«— ibnt wiin hi rrfcrwnvKtixbi* niiinbT
i>( iirrw>nt on t\w b<iiit. — mil dim uf ih« (.'"inniia-
Ntiiiiiira itniixt on thai (mint wIihI bii<l b*>«n *tiii««l
hy i\ forinrr witno«ii- no <br«»rl ralvi<*nre waa
niailo, howxvor -tlin t\tn>uv*u\imf>Tt rpfu«r>(l t'l
rn' (• i\ twn tlm wiiiiPta'a aii*w«r lo ihn 13 b <'fo>a
inrcnoKniorv— aa to vtluit part b(« hi«l taken in
ihn ilfftiriiPkion of the < nrolin*— ha amiJ b" wn4
rb« Inat mm lf*ft Ikt — 'bat b« ■i<*t her on (iro —
lb 'owing two "r<i<hiu«»" into her — lb« wunnta
rr*i|i.|>il lo bavt hit lirat anavvor TwnrtM, ai 'I iba

< oniiniK«ii>iii>ra reCniioil lo put it in ibrir inti.ut'-a.

Mr ilall tbi^n prMp<iMeJ to thaw by ihi« wniiflta
that tbf* <'<>n<lt)ct of ibc CornmiaaioiiurM bad b«ou
irfKiilxr in noma {lointa

'I'ba ("oufi «ai<l it' no Mr. Mall ooubl tak« niattar
h»foM tbi» Hupremn Court by iiiouon t» »ct aaula
ib<* ilopoaitinna— and tha avi<«i<nra of tbi« witncaa
on til <t point V. At alt>-f[athvr irr«ilavant.

Anilrow Hobinaon waa tden <>iklli>d by Mr. Hnll,
for ibo piirpnuo nrti>'tifyiiif| aa ii> ibe chaijictor uf
l)f field; know bim for a tiumhor of yi*AM; nivar
kfiawnny tliiii; iiirninat bis futh or vnraciiy.

(;roaa-*'xan>iiiod by Mr. SjKincer — !• Ibe p<>r«on
^«'hn prcffrriMl tbia coinpliiint agniii»t MrL^od; bad
i)<>(i<>i<l aumrnonrd to tcktity aKaiimt Miirri»oii;
niiub' hnv(> ii.l'i (onia une to go nitd talk to Morn-
Bon; don't recollacl.

Tho (.'oiirt— Mr. Spencer, havo yuii any other
cvidonco7

Mr. Sponcar— No, your Honor.

'I'be Court then a()ii'oni>b»'il the Jury of tbe'r
<laty dnrii '^ iIih Sabhntb. wb«?n, uiiploanant at it
wa«, tliov iiiiiat remuin togntbor.

Mr. Miiti, one of llie Jurora, wan allowed hy
rn'ment n' mu'itol to vi*it,, iindfr cbrirge of a ron-
HtMb]**, a broitinr lying at point ol duatb.

An'ith«'r Juror iickod the privilege of abapnc<«
in tbe »miii(> wny, which waa denie«1, an no ani b
caiite for but aopftration exiated aa in the otbor
cnte.

Another Jumr njked if they could go to meet-
irg?

Court— Vca, cprtsinly; you munt go in a l»ody,
ailtogethpr, nnd bo mteiided by a roiiatable.

A constable waw then aworn to pttt-nd Mr Molt
♦l»ir ng bin temporary Ropnrotion from bit fcllow-
jnroTB. The other mtm^ortof the jury were then
cnren in charge of two ronkiabl«i>, and reiired —
The priaoner and jailer, the bench, members of
the bar, and lut not least th« ntuneroua corps of

R»l)<wi«r». fellowa«| in regular o>i|»r, aad an lit«
<Jwurl at'ji arne<l Ml M^'nUay ■ormng

MoNi»«r, O lobar IM,
TIIK HUNMINii IIP.
MR. NIM'.Nl KK adir-aar4 lb* f^mM anil
Inry at fiiJIoMra I May il pl«4t« yitur Hun. r, ani|
firnllaiiii'n ol lb« Jury, liir ibe Itral litn* in my
lib* Iba' I have rv»r ariaen having In n arg« *ii
lni|ioriant (rial or de'entie. I ran aay that I it el ibet
ib« ditrbarge ii( my r^niy alivr ibe tcanm ny baa
hern cliMad, is eniirvly a work of aupt<rtrogaiMMi
And ihe conar|«pu<iit-aa thai it la mt, n ally o^pr«e»>
•a m*— II a#«ma lit eneivata my «b<'l«> aytlem—
and I rvatly fei>l lanal enibarraa»<*d under ili« rir*
rnniatanora wbirb tititoiind inc miii inipol tn» ni
ditaiiia Jury wiMiae p«il>nre tina b»rii abrady
ticgxly drawn upon, by rontmanim* on fviilenta
wnan in my dKlibrratu judgnirnt tbar rvidebie
bai' alrnidy convmcid the undrrttandii'g nl ibe
Jury,, aiitl iha' iba'r judimeni it now ripe l> h«
iiri>noiin< <*d. Htijl, In all ibia I m«y be ni»t> ken.
II la vitry imtaibln lbr.t my ronviiiiionanrtbe ii>no-
rrnoa ofMi-L^ixl are tlronirrtban areibiMeo' all
uranv other individtial who may i>ot bave bmi to
iiilinnulvr n'qiHiniad with the whole biit iry of
the rate as I have b^fn It 'a lirrauae I bt%e nn
right lo remit any eirnlona Ibat may tend to tbti
dfvelitpfiient of iru'b — ib«» establiahmeni of the
iiir:o(i'n<'eof Mrljnni — and the aeriinng ■ vardirt
ol iti')|uttial, tli>ii I now pri>|M>«e to iraapsaa nn
your patierce, Hnd aiibinli Ut yon aiich « ontidera*
tKuia aa acorn to be wuitby of being rrHcrlml oil
by you— anrb aa lbs rata citlla for— auob aa th*
priioner baa a right to demand — and tinh aa our
Ktaie und uoinnicii cuunuy may rcaaonabiy eg*
pec-t.

Aa I took nrraainn, geot'emen, to remark In
opening the cate^and aa ibe^evidenre liaa now
fully diirbtaed it la one of greater ini|Hirt<>ni-ethan
any other ever bnnigbt brfore an Ainrr>ra'i bar
for trial. A trial involvir>g ib« lite «if an individual
ia at all tioiea of tuincieiu inlt>reat to nwiikrn the
dr^peit emotionaol the buman heart; bnt we must
cnntidtr iMs trial aa inviilviiig otlnr inivrrata, jy.
ing beyond the life or denibot Aliiandcr M« l.«ii<4,
and which need only be rnforrrd Ui lo awaken
doop oniotiona in every Amtricaii heart ihat throbs
in an Aiueriran boaom.

(i I you, g«iiil«4iiieii. after all that in to be anid
hy <ro>inael abnil Imv- been ntt«ie>*, and alter me
delivery of bis HonT't charge, wil devolve th'sa
grent and rui|)onNiblH du'ira. Oa you reata finally
tbe whole qu* ation.and to you alone will the roiin*
try look for u pri>p« r diipo>al of it. Your duty,
until you i;orou to h fi lal dt>toim ntiion, ia that of
pa lent an I att<-titivfi he»ring--oi an ofiort rightly
to iiiidf raiaiid all tbut can In* tn>d, and pnriicn'ur-
ly to appreciate ull tiiat inuy have been proved.
I'ationce und attuntion are your flrtt dutiut, und
Httorwarda anirelui, tobberiito, aiixioua,cuiia«*ivn-
lioUH conndoration of what bsa bnen aubmi ted to
you; and after you shall havo retired for dt'libera-
linn, thru will conm tho limo when tbe full aenao
of ihe great r^'rpontibility of your poailiou will
devolve upon 30U.

Our duty, na counnel, ia of a. ditTerent— altoge-
ther dilTereut cbaraflcr—inoro perplexing, mote
ex'-iting, rtiore vtxm oua, moro try mg, save (,er-
liHpH, wbrn oomoartd wiib youra in finally pro-
nouncing a verdict. I allude to tbia cons dera*
tion, gentlemen, only becauae on accnuntof aoma
thingi* which have bccu'red in tbe progresaofih*
trial, and which I would have njoiced to have
seen avoidad. It is very natural, it is vary pro*

p't. lh«t rnttn**! »n »tiH«r MtU thnii'il (»t<\ fiiii<*h
m rm*'* im'« Ii» •h« lan** M>hi' li ii«* h«»n r<*tii>nii*
inl I' Mivir rhart* I' ** "' "o'l P">i *' 1^** ih*
iv li><-il *<Mii.*n| wKit lii'fi riMitlil'ltxi lh« |i')M«rit'
iioii lu *Um IViipia .)t .J U |i «) iiiI'Mi* litf (hit
I iiiinph uf jiiai. », It l« hnMHBl t<.i>, l^«' iha/
•hiM'lil h«<l|«ivf< Ihn irmhiif iIim ••■• ihxi thwy Imv«
• roiKl i> It r rforft ilio j try h t« i|i«iitr«il ilim |lt*iy
■'i>iii il <| i«K«>|ir«o l)i» I M« of iti# |»i«iMit>r, Oil
ih« oilier h'«i ii y»ii Mill »gt»m nyiih mv ihitlll 14
*i|i|tily iiaIimhI •ml |Mi>|)«>r iliii ilm •< iiti«o| l<ir
III* »>'i'ii«' (t Mho hwvi' •{•'Voi»f1 tiii'li MMmiitim to
hM I'd** •■ Mi'r (liiy rt i|iiirt<l, ■hmtl'l h«tK lurw
•••I »'ni*o|>i(tiiiii I* lo III iiitiriU, Axil f hinruiii*'!

rO'iV rltoliaol' ll|» IIHIIit'otliU of llMir(ll#lll All'l

llmi b'tth riiiiiiai I klmiiltl »■ I on |h«ir i'oiivi«ilt'iii4
WA« ii4iiiril. ariil Imt lli«y tliiiitil l>i>Iio«it ih< ir
rc<*|i«> iiw a •)«'« ol 'li«n*Mi III l>M Dm Miih. AikI
•II' h b» I nil III* ■»*••. Ui« oily iilUrri tivii !• r
(O'tii* I <r«ft« III ili*ti«l|»vn Ihu ii|i;mi.iim airfl til
t'to in**!- tin Miiiit tmlitvn i< • lirnly iimUiK',
if liul riinrMly IhImm llni'fl it v%ill Imvti
ii <«n oliMi<rv«i<l III tli« prottrvaa of itiiii trim,
th«* tti<-r«« iia* liron whiim IiUIo iiii'ii^iiirnt
tnoro, |Mwaihl V, iSiin wua ncrnaairy, on iliu purt of
riiUiinol. Hot I h>i(K«, grn Iciimii nftliii jury, llinl
villi will hn •|i'kr«<l ■il voiir livrt Ioiik irmn wit*
iiii**MiK itny aiM'li priiiifultHi'iiaioii for mi iii*tl fi'iil*
I iga H* liaa hcfii inaii>f' a'rii in thia irt4l. Voii
ni>iy wdil wriali nlwii a to rfinam air>in((i*r« to tliM
Nritiftira of I'xniiaal vvliiln |>rf|i>irinK fur a trml
of ih ■ ili>a('ri|i'iu(i. You iivvil iinvi^r ili'air< >>o-
roniA nri|<ittihti'i| wUh thn alrrjilfaa iiiKli'a iiiol
iioii<HiN (liiya «%lii<ili |ir«ciMln Iho coinMif ni-rtnrnt
of H trial liko lliia. I can naviira yoii ti.n iliaoiivf ry
n<ii| il nllnril yoii anyilnnf lnit |>l«*naiiri>, iinlcNa
yiMif pnm wi '« riMin'rrtminnctMt i y ilm NniivliiQ-
lion miittif g Imin th« conariouanuia ol k>«iii)( in-
■triiimuital in nilviini-inK th« '■iiiiim of Imkh um «
aiiti jilvtiro. You mny Ii4v« oharrviiil nUo that in
thn pr»K i'«a of tho trial, llmt in iIid etam nation of
wttiKiM'Oa ihnra may Imvu auptncil n want ii| kiniN
nvNit nn<l rhuriiy Mwnrtl thmp who havn tmcn
rnlloil to mmtmn thia protecittion— lint ili<<rii iniiy
|inv« hi Hii a rii^itr of ninminatioii to whi< h wnma-
ana klioii <l not h» aiil jrctod, >i|i«r hnviiiK Itfori
fofied hy iho inuiiilatM uf the lii«v to uppo.ir and
t««titv. Tlie witiiMiia vr>ry properly iiveivcd
•yinpitihy (ri<m a jury. To ihit Mf>«Ji> not uiijrct,
ami Miicn witni'e*f*a •«cm tu h» tniiitfil with un-
kiiiilntiaa — wiih aapcrity — 4von with rtxliTiraa — it
m v< ry nainrul ili.it th« Nympafliiiia of ili« jury
•hditl I h« ex i'n<l m thuir liolml', ttiid ihut ihu pre-
)i|<lir(ti> of it ^ jury tU'iulil Im roii.i"! ngainat
Iho i-otirifol who ihua ruiinhly handle th"in, and
tMn«>tMi'i tha liuiitri of ihcir duiy. If anyaiich
k*'iiiiiii> iita, giMitUnien, have hot ti originntcd in
your iiiindM, I luk thiit ynu will (irul th*^ ronntiora
lipoli^y in He I'lCrHoiiliiiury caac in wliirli lie Ima
hc«n ^n Bg'il, ttiid which ia ■ubniiiU'd t> your
(I lis il Thti'iri ; nnd that yuu will havo leta aym-
pithy for ihu witiiiHtta who have come hero to
M'^vhr iiwny the priauner'a life, thin you would
hNve i.irwi notkea in tueir circomttaucva and on a
diiforwnt (fCistiioo.

It ■• natural, gentlenen, too, that the crjnnivl
for ihn proeecution ahould indulge in u tinn belief
(Ml the (Hie hund of tli(< truth uf liia own caav, and
the rvv<r»e of oura. Hut I, un t^<c other hand, may
ti» prop« rly nnd leaiono^'ly untprtnin a diabtiliof uf
thn cuDe uf my leiined advertiir/. Koihcu«ed
cunii •! tie irUB-buth cantiot»tarid — in thegrnppio
hvru fur inaatery one nr iriM other ia to hfi uvt-r-
thruwn — and your verdict ia to declare who ia to
lalt and who ia to it<ind tnumphaDt<-wldch ia to

Kcoverhfown— all'l wMcHta emaln ftifiaa lh«
n>N h of AtM vaTroiK iu«l. i iiai'a |l>ii pmni
Aid It la iiaiiiral I ah iiM t»u| warmly and »n an,
liwtlcvilif imr 'Ma* III h«i Ih* irtiUt aidi't^'aa*
h'f 'li« (•">«»•• III I'Hi to Ih* iioi oiily iiniriir, •«hii ti
liii|ili<-^ >iriiiy loiaiaha ><r miaapprrh*-! anoi hi, |
ai'i aorry t«i *«}, lill^rly /«/«■ And I i|i»|ri< ^ou,
laiitlfmnn of id^ I'lry, III III )Ur*iM>d ih«t wutd
III ila l*||iiana o an<ij#*'iKif«*t M-rriilaiMri.

I ti#lii<v« ktitt thia i>f •! • li' II liaa h<«in •ou|hl
lohti w^haM l^y a<^Nnttiiia uxi .vf 'ho ran^ol | er-
I'iry *\rf hniuf ht Mi'o 4 fn»'t nl jiMlii-i',*ii • •• thn
•un ahoiiei ' 'hri-Tp-i-JW -<n a cat*, iiHt, involv.
Illf IMU niity I. ol „,| I ilivt'tuai, hut (I'M III.

laia.la of ihr> i«v" g»»'iil imiiong Wi >vio lii< tila-
phrraa, ihai hold it;. f<>|{hr«i rnnk in th* ii «<;> of
III* W'irld -two imiioiiB rH»iiid by l*ia air i gpti
ti«t |iiha*Mt*d hy rarea afc^h r<g the aama l>ui.
|iii|#-^oii« inn ni m )>«iopli> — kit < rfPd km I do
nut ahnnk from »«y>nK ihii >ha iol« al<j ■(< "I thn
pmaaiuii'in lia* l»«>*n to invulvn ihraai • •nii irta m
a ii|<MHly war, and li>li«viii!^ that, I iimlra* I ' ave
l*lt hilt liiltn (diirily lor ih« Miln»«»e« hn ii|rht lo
aiiaiinn ii.iiiiilniv ro dun h tailinihili'aa iiiihHraiad
aalinie t«ndrrnt-a« n» I lull, 'ihu, g^mlaiuait of
tbe jury, la my apol gv.

I hf> luarnn i rKHllpinan timn refrffnl |o »li* «<•
claion ol the h.iprtina Comt, whn h had pirlnded
tho i(Ue>«lioii« artaloff out ol the prini>i|ilr« ol in
IcriiHli ii.tl litw, aa afiplKtihln ti iIki d>*li ik' oi
till) priioner. Hy thai dnikinn the Icartii-i 1iiiI|n
wh
chirrd liiniirit to he I ound

tJf Una ili'ciaioii, M'. Hj)»«nrpr did n"* roin-
plam, iiur waa it iinpi|i «-(v«il l»y hiin. Ili> wna
wkII ani|iiiiiiited w.ih hia floiior, »nd with th.i
uml rin ilid.rpnre with whuli hn nt nil iiiiica it
laidrd li<> df< laiona of till) .S'j.rnno I'l.iirt,

ISul ihoutih lhu« deprivdilol th<a Rrounil of de<
fpiiie, tlirv were not wiiNout dofrtuu on niiotiier
f round. Ill the currertm aa ol Ihu d«>ci»i<iii ol thi*
Huprcian I'm rle b hid no hi<|ii>)'; and aa ii infm-
bfr of the hiir nnd nil American c tispn, he pro-
tpatod nK'<inat it, aa nintrary to the liiw ri| na-
lion«, mill to llio liiwa of reaaon; nnd ho rinr«Mt,i|
it hud ever Ih rn |i it forth aa the oiiinion of the
Huprvnit) Court of till* Ntnin ci atlnira Rniwirif;
(lilt of ihii inierc iiirae of iiiidiina. To that opui'
ion, huwevir, lie atioiilil, for tho pirpoara < f ttiia
triiil, pfiy all ilne dflerfnco uiid ii*api!( t. Mi<>iilij
the rekiilt ot° tl<ia triul, however, r«i ilrr it ii< rcaaa-
n, ho ahoul'l b»'(or(^ aiioilier ir I'Uiiul, na he uiii-
loriiily d<H-a u a«w|ier«',airuiipiy and ilCMiliilly op-
pote ituiiopiiiiuii, nnd have it reviewed, ami, Im
(ioiilited not, revfr*itd,

Mr .-^pcnrcr then puaaed to tliouth^r hranrhof
the drfeiu'c — the proof na lo itie p^rtiiipntion of
rilcl/'Oil in ttie ('itriiiiiie cxpeiiii iiii, ntnl ol liii ab-
vfiico iioiii i|. Iltfore eiiifrinir iiixui n icvuiw u*'
tli'>l proof, Mr. Wpi-ncar ndvprtnd to ili«> fm r, ihtit
ui long NQoax on entire yen-, lli" whole ti^kiniiony
fir tha (Iclunce wna wifhin iliu knowi(Mlg<' of ihe
proHocutiiiK com.iivl and the world; vt h ie with
niin and hia learned nkMocintea, all waa itnikneaa
And night, nut only what wus tnu proof to bo
b unghi tu uphold the pniaecutinn, or whu were to
be ttie wiiiieaaea; — aIi ih wiltieHa had long enjoy-
ed trie ndvant'-g>i ol rummniiiirntton with CHith
other, Hiid With iiie prn«e<uting cDUrikel. And he
mor i<ver belitved that thrac wilnnHa had been
CO' (;'f gating togtbcr in rutnujittoo (niiiH and
Ihert! cmvavaing their own tPHtinony and (hn tea-
tiiu' ly and dvpoaiiiMiia ft lin brought bcforn thi
cuuri uiiO jury in aupp' rt of the deienre. In ihete
proceediuga, £uwe.'er,Mr. Sfunccr did not beiievd

thn Attorney fffliwral or ehher of the learned gfn-
tlemen aatociated with him, li xl uiy participa-
tioo.

liut if any within the lound of hii voice tuppoi-
ed that the four learned counitol who appeart*<i
here on the part uf the prosecution, conititute aU
the legal gentlemen who had applied theirialentt
and onergiei to the prep* ration nmi kupport of ih ■
proienutiiui, ho would tell that individual ho wat
wofally mmbikeii. Able nn are the genileinen
oppored, lielore tliiH rourt, they constiiuind but a
eorporal'ii guard to the whole array that tia« hcon
engaged in thii lahor — the ohji^ct of whuh array
una not for the furtherance ot jutttice ui between
JlcLxod and the people, or the taking of tiie life
of MuLeod individually, ai to the fomentation of
diiturbancei and the promotion of a war between
ttiia country and Great Britain. If proof wan want-
ed of the exiitence of ihia legal combination, it
«ould be found abundantly in the number of wit-
oesiea that had been brought forwird to awear
nway the life of AlcLeod, who had iprung up lihe
fibres, from where nobody knew, or how collected
Doboily I'onid explain. Time and again had this
..liarge been examined by magistra'es at the wvut,
und Hniongut the whoio array of thirty witnes«ei
Ibrthe pro>ecution, scerce any of them appeared
originally as wicnevses against McLeod at tho>e
eaaminaiions TdCHe facts alone, did no oihers
exist, BulTiciently indicated the extent of combina-
tion which had been brought to bear in suppo.t of
tbis prosecution— aided by secret societies and
uorobinationo, with contributiona of money, per-
sonal services, f(K>d, raiment, and o'her necessa-
ries that could bo found required. Muit, if nor all
the witnesses for the proiecution belonged to
ihese societies, and deserved not credit in the es-
timation of any intelligent jury or of any reasona-
ble man.

Mr. Spencer then proceeded to a review of
the testimony, passing over, at a glance, thoie
wh) testitied only as to the ptrticulirs of the de-
Htructionof the Caroline. These witne«ses, Mr.
Spencer contended, were at least interested at
Heart for the success of this proscGUinn,and be
tlweli with great severity upon the rrluctance
with which the witness Welis was compelled, on
his cEosi-examination, to admit facts which he
iMsiduuu ly sought to conceal. But even the testi-
mony of t >ese witnesses, and of Mr. Wells m
particular, Mr. Spencer contvnded, was not enti-
tled to the slightest belief.

Mr. Spencer then proceeded to examine the
testimony in ended to connect the prisoner with
the murder of Dutfee; and he pa»sed in scrutiniz-
ing review, and wiih most ingenious and able
criticism those witnesses and tneir testimony in
the order in which they were called by the attor-
ney general. The whole mass of their teatimor)y,
in all us inatcrial points, the learned gentleman
pronounced, and endeavored to convince the ju-
ry, was a continuous detail of perjury upon peiju-
ry— intersperfied only with on occa*ional trutu —
few and tar b etween, to give iheir iaiseboo is cre-
dence with tne jury. In reference to that part of the
testimony rf the witness Parke, relative to the
tviastfal os'iertions of McLeod as to the fatal agen-
cy he had in the burning o( the Carolina, and the
murder of Dorfee, Mr. Spencer attributed all
the knowledge or belief of Parke as to such boats
to what he had road in the newspapers, and faitie-
ly brought in his testimony as so mu;^htru h known
of his own pers3nal knowledge. Ab to those
uuaktiul asse.tions, Mr. Spencer declared, on the
%uthof iiv ol McJ^odj had n«?et been nad* by the

Erisoner, and the publications of such dec! trstlon*
ad at all tii los b«en a matter of perlnrt tturprisi^
toMrLeod. As the counsel of the prisont^r, ha
had uniformly advised him, and, indeed, had been
obliged to orfif-T him, not to reply tu and re ui«
those publications while a prisiwier awaiting trial;
but to leave its refutation to the develupments of
the trial.

Mr. Spencer was atill proceeding with bis eioin-
inntion uf the testimony, when lue court adjourn
ed to dinner.

Two o'clock, p. M.

The court room, on the reassembling of the
court after dinner, was dennely tiironged with
spectato/H, nearly half of whom were ladies, who
presented a splendid array of " youth, beauty and
fuahiufi," and who paid great aitontion to the dis-
play oi eloquence, the anticipation of which had
attracted ttiein to the conn rooni.

Afier a few preliminary remarhN, Mr. Spence;
resumed h's ciiticisni of the testimony and the
witnesses lor the proMecution, with whom and with
which he dealt with the most unsparing aeverity.
In the course of his remarks upon ttie character Of
the witnesses and tiioir testimony, Mr. Spencer in
troduct-d n withering rebuke of tlie "insurgtnu"
nnd "patriots" engiiged in fomenting the liorder
troubles— -some of wnich he directed particularly
to certain pariicipanis in those trouldes here pre-
sent and within the scope of his sight— [to wit -
Mr. McKenzie, Dr. Tlieller, and Gen. Suther-
land]

After expressing tiis full confidence in the jurv .
and his sa'iafactum that to the central county of
the great State of New York should belonjr the
honor of freeing an innocent man from the langs
of an iniquitous conspiraiy, and compliment-
ing his colleagues, the learned gentleman
proceeded to comment on the evidence lor the de-
fence. He contended that he had amply demoii-
Btraced by that evidence where McLeod was not,
and, secondly, where he was on that eventful
night. The result which he arrived nt,and which
as he deemed, the jury muuC inevitably airive at,
was, that all the tesimoiiy which sM>nt to khow
that McLeod was either in the expedition against
the Caroliii6, or nt Chiopowa on that night, was
not only lalse, but wilfully false, and that tne tes-
timony vvhii h proved McLeod was on ihat, night
miles from (inippewa and at the bouse of Captain
Morrison, was the only testimony to that point
was the true testirainy — the only testimony enti-
tled to the credence of the jury— and upon which
they were bound to Qnd a verdict of acqiittai

TwESOAY, October 12.

MR. HALL then^crmmenced his suinuniig up
as follows. — Gentlemen of the Jury,l am now «;<li-
ed upon to ask you to bear op against the elo-
quence of the l>-arned counsel for ih« prisoner, ei-
haumed as you are by this trial of an unprecedent-'
ed length — to bear up and struggle agaiost the
false issues and extraneous consiCe.'atioiis whicb
ta« ingenuity of the counsel have laid before you.
During ttie progress of this cause, and in summing
it up, tne counsel have loudly complained of iho
manner in which the prosecution has been eon^
ducted, as if there had been Bomething improper in
the conduct of those whose duty it has been >o
conduct it.

We have been accused of concealing the noraes
of our witnesses from the opposite counsel. Gen-
tlemen, I do not feel that that charge bears
against myeelf^for one, I can say it does r>o( ap-
ply to me. And I can fearlessly assert that in the
w^IecoadaetafthiB|ffOB«(»iii>D tbere havbeea

tfH

ihdafiktritlont
srffirt imrpriir
« priion«r, he
i'ed, liail henri
(> and re ui«
awaiting trial;
veiupmenta of

with bin «ii>in>
) court anjouro

LOCB, P. M.
mbiing n( the
tnionRed With
^ra ladiei, who
ith, beauty and
lion to ilie diH-
of which had

«, Mr, Sppnce.

mony nrid the
whom Olid with
urintr ieverity.
»e iiharacter Of
Mr. Spencer in-
inuurgenu"
ing the liorder
ed partiruiarly
allies here pre-
light— [to wit-
GoQ. Suther-

ce in the jurv ,

niral cuiHityof
Mild belong the

from the langa
il compliment-
id gentleman
mre tor the de-

amply demon*
cLeod waa not,
1 that eventful
d nt,«nd which
taMy arrive at,

^^ent to khow
eilitiort againat
ihat night, was
[id that tiie ina.
8 on ihar. night
use of Cdptain
' »o that point
teatiniony enii-
id upon which
if acqiirtai

OcU>ber 12.

• tUlllllliIig up

r( am now u^li-
:ainiit the elo-
10 prison -T, ♦'je-
ll u n precedent '
o agaioat tho
eratioiia which
ud before you.
lid in •ummiiig
iplained of tho
ban been con^
ing improper in
It haw bedn lo

ling the namea
^ounael. Gun-
; charge bears
It doea r<oi ap-
aert that in the
wr« hasbeea

nnthingtn ttrn'eh th« good name ofthe Slate of ft
York, «>r her s'lminiairation of j utice, by any
harah or unnereiaary act of r^acnmioa or oon-
oealmeiit. A degree of liberality unprecedented
in cnaeH of inilir.tnient fur the c ime of murder,
hna ti«*a eitendrd to the priaoner whoii now be-
fore you It waa deaired, above all thinga, that in
thia pnaeriition, in which »o hadrenolveil tovin-
di<'a'o thn juat'ce of our criminal adminiatration,
•II ahdii d tiA dune in tenderneaa and charity, and
not in malice.

It haa been aaid, gentlemen, that ttiere have
been committee room*, and ih%t there tlu dapoai-
tiona taken in CanaOa have oeen read to the wit-
neaaea in order that they miglii thape their atoiiea
in accordance with that leatimony. Gentlemen
believe it not. I do not believe it. It haa not
been lO. If any auch thing haa been done, it h«a
beon done without my knowlekge, and if I v^an
UiO tlie ex preeaion— contrary to my knowledge.
But ihia much I can aay, that the atatenienta of
every wiineaa exaininrd belore you on the part
of the prokenution,~have been known loig before
they came h»re, and before the commitaiona were
returned, and ao far from hartng been ex>iggerat-
«1, they have been found amply ronfiriued. —
What ground then ia there for ttie aatertion, that
theie witneaaea have been tampered with — that a
atory haa been made up — that there ia aome my oie-
rtoua power acting behind the ciirttin, and driv-
ing forward thia proaecution. Gentlemen, believe
it ia not ao. The aame heated brain — the aame
excited imagination which conjured up a conspi-
racy to blow up a court houae and aaaaaainate a
judge who admitted the priioner to bail, and all
thoae extravagant and monatroua creationa which
have agitated the public mind, baa now given
birth to the aisertioa thatour v^itneiaea have been
drilled. Gentlemen, allow me to aay one word
more on t hia point. I mean not to censure the
counael wbo has conducted the defenoe of the

Srisoner— far be that from me. Theae gentlemen
nve been pieced in a aituation moat painfully re-
apontible— they have nobly exerted theratelves
— they have done their utmost — they have dono
nobly— hiid they done teaa I ahould deapiae them
aa being recreant from their duty. I pardon with
the uimo«t franhneaa faults which atiae £iom an
excoabive zeal in a divchirge of duty.

And mny I ask you, gentlemen, that if you hove
diacovered that I have exreeded my duty, and
puahtd any points beyond what waa right and

f roper, you will believe me when I now aay that
ao acted beeana^ I believed I waa then doing no
more than my duty demaniJed.

Oae word mor<% gentlemen, before I pass to
the merits of the case. Something hna been aaid
about a mub at Loekport, and to thia I would not
advert if it wt-re not in aome meafiura connected
with the honor of the people of thia state. For it
haa been apread abroad ilidtweare ao wild and
reg<rdl(>89 cf law and jjatice that we are ready
to asaasainatfl a Judge on the Rench. I atand not
here to 8 pologiae lor tbe violence exhibited at
Lockpon — far from it. It waa wrong; but the
whole biatory of it waa thia- the pruoner waa
admitted to bail by the Judge of that county in vi-
olatii>nof, perhapa all precedent. The people,
who were somewhat indignant aa may readily
be anppoied, at the outrage ihua committed on
their v^ry ahorea — the very ihreahhold of their
dwelling* — and in aight of the mangled bodies of
their ne ghbftra, naturally felt sumuwhat excited;
and whai did they do? They committed vio-
leaoe on no one, but tbey iiuiUt«4 tlMt Umm*

whohail ghr«n'tb« bair ahould cancel ihdrbonda.
They wsre cancelled, and there the mattei
ended.

The learned gent'em«n then ridirnled the air
of confidence which the aeniur counael of tlm pn
aoner had exhibited in hia addreaa to the jury; and
referred lo the aummnry manner in whicn his
learned adveraary had diaroaed of the witneaaea
for the proaecution He (Mr il ) however, hoped
that Iho jury would at laant. adroit that the Caro-
line hud been burned, and that Amua Durfee had
been murdered,

Mr. U. then went on to apeak ofthe brutality of
the art, for participation in which the pnaonrr
w«a ar'aigned, ano quoted a pitangefrnm thede-
ciaion of ttie SuprtmH Ooui t, aliuwmg that no jua-
tithtation could bs uffered lor thn atrocity of the
tntriHaction. The deairuciion of the, Caroline
might have he^nanactof sngarioua policy, hut it
waa undoub'fOly a deed ».J' Oarbaroua rriielty. —
The jury had been nppeaUdto in behalf of tho
perpetrntora in a manner w^ich might po«Nibly af-
lec< a me ntintia. It bad been aaked if thia coun-
try were invaded, would not its ciiiz»iis repel the
iuvaaion wiit» equal pron'.iiiiudo and de<ition i
He (Mr. H.) believed that it would, t». t lertainly
hia countryninn wou2d have neverdoiit> itin t'l i
night. Mr. H. then referred to the luatiner ii
which the i)M»-8tion of international Inw, aa ab-
solving the itcura ir. the destruction of the Caio-
hrie from individual responaib'liiy, hmi been dia-
posed of by the Supreoie Court, and which ren-
dered it unneceaaary for the jury to eiuj>atrasa
their roinda with that view of ttie case.

Aa it was now near 10 o'clock, the Court
deemed it proper to adjourn till next morning.
TuKSDAT Morning, Oct. II.

On the opening of the court this moiaing, Mr.
Hall resumed his addreaa to the jury, p<taaing di-
rectly loan examination of the case ai presented
in the teaimony. The first branch ot the case
were the events which immediately preceded the
burning of thn Caroline, and tbe conduct of the
prisoner at Buffalo a very few daya before, and on
the day immediately pre< eding— hia expedition
around Navy laland to discover the Caroline — the
conaultation he had with McNab on the subject
on hia return — hia retiring to bed alter that ctm-
aullaiion, to refrenh himke>f and recruit for ihe ad-
venture of the night. All theae faca, proved by
reapectable witneasea, and ad "nited by the pris-
oner, Mr, Hall contended, went almost conclusive-
ly to show that he did not abatidoa the enterprise
hfter hia cooauUntion with M(;N*b— but, on the
contrary, remained and aided the expedition,
heart and hand, to ita fatal conaumroation. He
then reverted, in support of ttiia conclusion, to tlie
tektimony of Capt Appleby, who testified that in
hia belief-^a belief which struck him at that mo-
ment and ha« ever since remained umhaken in
hit mind, that it teas McLeoo himself who, whec
he waa attempting to eacape thruugh the cabin
door, ihrust at him with h>8 sword, and who waa
prevented, onlv by the inierventiim of a metal
outton, from inAiciing i]pun him a dreadful, if noc
a mortal wound.

From thia evidence Mr, Hall passed to the con-
aideratioD of the testimuny of the eight wiinesses
Vkholiad aworn aoms of them to having «een the
pri^unerjat Chippewa on the tragiotl nt^ht, or on
the following morning by auiir.Be— aoine twth —
and oihera who had he»rd him make boaata of
having taken an aciive and fa'al part in the enter-
priae. And m hu review of V\\a pcr:ion of tbe
teMimon^, Mr. Hall iattoduced a moat eloquent

i *

and powerful virxlicaiinn oflheM witnetc* from
tiie MwerpiC'g, aii-in)lui«ive Hil(^fl[«ii<>ii «if tfiiiiinu-
tiUH, iiiiiiiiiit;tt i\ prrjury, hnngiii ■KaiiiiitU>«iii try
ihn Itmrned <-auiiH«l lur ih« puMoncr. Tnkirig >he
UKliiiioiiv ol vHv.U of tlieiii (■oii>'Ccn>ivi ly, Mr.
H'lll prof'ctileii t> till uiid Minpir** iheiu Mith
encli v<ilirr, iiml nr«uit i« tlie jury ihi' r p^rvrj.
vAtuoM* lU'.y Willi |tritSHl]iiit;«a mid eMr.iibli>ih«^<i
facU 111 rnluti'ri 111 Ue )it(«'ni()t<i marie by louii-
kol opixmeii lOjtiim lo unpem h hy ictiiruiny tno
ntiniiirt«-rK ot n Ihvv ol thi- wififlktieM Utt tnn pro-
Mcciinoii, Mr. Hnll oipluiiird iliit the fitit\ iniim<«-
tioii lit) or riitt UH«o<; u'rH hii<1 ut nny iiiieiiiioii '*i
inirodii'u iin(tHiu'liii>)r v\i(iiekei aitAiriiti ir<« wit-
iicubH Drown mill Qminhv, viai meir pr<i(|iioiiori
Ol tli« MiHiid II II u the iiT)(ioMtiKili<y, on the
part uf the (irHorUiiO', 'o l»o pfepiircd wih wit-

lldNhPK l>> V||,(j|('lltK lilO ChHrdCtUrH ot tllOII« ifll-

pencil* (i; itiiij ii wii'tiiiHi iiikI p'0|iflrtli>i jury ahuuld
know tho turn, iviti. iK<-y iiiigni imagin« Uiu leakon
(li'ihu n>i(i-(ir< d'i< tioti ol hU'Ii wiiiieNurs was -hat
wit.iieK'Oj riiiild lint l>ti foiiiiit WHO would itu tain
iliiiro wiiiieHki's iroia iinptui liineiii. Siti ti wtu
ikuttno isKt

I(, hu» necM M»i I in the conrie rf thin frinl, oon-
t iia«d Mr llHli.iliit the declaration* olu priwiner
rrii not itiv\ •va ihi- hoHi evideir j Hm Ifli um lee
lii)wf«fiii- hip^^iion IN ef.piicab V to this nate.
We tidd t>> ■' L-. « iiaony of itio wi<:if>tke8, that
the prit>onfei ilia not Ni'luct for audienci^s to heir
hi* bo&au of par icipation in the dcsiriictioti of ihe
(.^Aruliiip, and his iinmeUiate pemonal ngrncy jii
the murder of Dtirfec, liktenert in <'hucure places
fur rcQiovfd from the vicinity of liio occurrencet,
who coHid have no opportunity oi koxwing whe-
ther hit boaais were true or fahe. S ich is thn ae-
lection which an emuty hramndix io mahefi nf his
aiidieneei — is compelled to muke— to avoid the
iinmodiate detcciiun of hin fhlitiry, and conacquent
cxpouure and contempt. But how different waa
the uelection of the priioner. in public. aRsem-
blagps at Chippewa, where ail wl.o conipoted the
expedition were, on the morninsr— and but a few
hours — after the events had occurred, and in the
very midst of those who were, and whom he knew
we'e, a po'tion and an iniporlant po tionof ihepx-
pcdiuui), he ni de tlie>e boasts. And was hecon-
Imdictcd by hny of the numerous listeners to his
hoasiH, win hnewwitn pokiiivo knowledge whe-
ther thoi,»< honsts were truly made or false? No.
Nb( a man nubed his voice a^ainttthe full and en-
tire truitiof ihetie tiontto, and thim eni h made him-
self a wiiiieHH ro tho tnuh uf the duclarations then
and there m^de hy the prisonf r

Mr. hall then proceeded to review the remain-
irg tetiiimoL V he had laid before the jury in 8op-
portot the pro<eciii.ion, to urgue to them it« con-
Misttncv, mm esiabitih its claims to tb«ur reliance
and belief.

Mr. Hall then patted to the fxqminat'ion and ex-
planation or the Offence — its nature and charac-
tT es an alibi, and ihe tes'imony which had been
introduced tu BUiram it. He explained to thti jury
the raann>'r of ohtaining commissions for the piir-
pO'te. of taking lore gn evidence; and the perfect
impunity witn which ihose wno»e testimony had
thus been obtained, c^uld sifear to jmt what they
please, without fear of accountabilny to cur laws
for rerjiiry, which could not reach them. Having
bo!ore them both the direct and cross interrognto-
ries, hetore reqtiired to answer the former, they
could f<ame meir replies so as to evade any dis-
clofcures they miglu wish to keep frrm the Hghi;
aud, under this state cf facta, Mr. Hall con'enced
these depoiitiona were entitled to no more weight

or oonsjdera'lon tiiih the jury ihm I'lo m>-rn at-
seriion of no roiiny interetied person*. un*"»irid
by th«« »olrmiiiti»is of Hn onth. In a''di on imhin,
Mr. Hall priH-fcdi'd 'o poir.t lUi to dm jiiry V o
roritrai'iiitions, rvaaions, an<l ii.MirtJHicrK p.. roi.-
t«inrd ill thoHO depo^iiioiis, as roinnind wiili
each other, w ' i the oral tcM;imo< y n<*du''>< fur
the defence, imd the tstiiblislied aud ailimltcd
lacis in ttie cn^ie.

Ill his criiii i»m of the deposiiirn of M. \ah,
which, ati Ik' iiti^fiiptfd to bhnw to Ibe jury »<iiri »<>
ron'endHil, impo<«cli('il itaelf in VHr'«ttis pnini", IMr.
Hull introdiictfl a mo t wiilcring H>rnii>ni >i m
hi« conduct in the nintn r of t>ie i'arnliiie, ainl bin
roiiscqiif nt rewa d of the honiirn of hriinhiho d —
III fo'm»'rliiii««n, r*^nmrl<ed ilif> leaned cci. .'c ,
the honors if kn .r'lihnod were ccnlprrcd upon
brave m« h for nohlo and chivi.lroiis d«rit>.; end
some ♦vcMffn*, indicfttivo of the ntiturn ..: il o
deed by wlrich they obmuie^l that hi)iior, wuh em-
bJHZont^d on his PHCU'chenn. But ^l.'Niii> whs
honorpil with knis;hihr<id for no i-ucli deiMi. H'»
won liiN honor* by th»» base and cowurdlif himing
of ihH Caroline, and the murder of an inno ent,
unnflrnding, pHaccrtble ciiizen of the V< iteil
Biatt'H Anil oven ihe credit. of ootive personal

iiariicipniioM in Ihiit base act does nnt belocif to
iiin. No, ho was entirely tooc;<rori)l of iii>> prc»
cii UH heahh to venture it in ih<t brave enieriirite.
When, cnn'mued Mr. Hall, McNib ernh .izons
the cmbleiiiB of his honors on his (rRciit>-li( n , let
it be no honornhle token — lo, not even the hhwihf
hand ; but kt it be the blazing torch of the mid'
night incevdiiiry !

Welore the arrival of the tirnea in which by iti
gross abuse, the oidf-r of knighthood cen^eii lo bo
an honor, thoan who tad «chipved that leinor
wi.'re accustomed to swear an onth, and to n\sent
it 6y their knigh/hood. Hut, gentlempn, when T
first read this celebrated depusition of the Knight
McNab the conviciion fastenf d upon my mind
that 7m was a wear:. or hin knighthood.
Mr Hall th^n oonuued hi> exammatonor Mc-

Nftb'a alfidavu, ..nd those which followert u, and
contunded that neiiher ihey, nor any of ihem,
wer« en'itled to vceight or credit with tne jury.

More ihon any other one point contained in
these de(Kiiiiiiin-, did Ihe declurations of retist-

Biice Ml the pari of those on board the C'iroline
astonish him. They wero so wholeoale aud
grou'idleei, that they forcibly brought back to his
r»C'.>liFCtiiin what Sterne put intu the mouth of
my Uncle Toby —

" Our array hwoto tkrribly in Flandttrs !"

But gentlemen, they iwore a great ileal harder
ill Ctiiadt.

After reviewirg this masji of documentury evi-
dence, Mr. Hall contended thtit it fell lar short of
relioviiig the jur\ — indeed, it did not begi»in> re-
lieve the.m— of the duty, the necesaily, of iindii g
a verdict of c invicnon.

Mr. Hall then psased on to the ronsideration of
the testimony of tl e Morrison fanii\y, produced
to SU8MIII the alibi set up for t:ie defence, at d the
collateral evidcoci adduced to corroborate wha .
WHS sworn to in that b^-half by ihar family. In
nference to the testimony of the Morrisons, he
cautioned the jury that they viill consider, in
weigiing that testimony, the Known and but too
luccessiul irfliience which McL«od h.d obniined
over that fsniily. aud every ioemb«r of it. H a
connection with that fomd'y — illegitimate the ugh
it may be— one of the daugh'ers living with him
u but wife, and making tha' hooM her home—

«7

wu • oirrumiUDCc which wai well entitled tn
thfl roiirderation of the jury. Be*i(io% whni io4ili
htm to Morrmun's hoiiie that night? The Uarnvd
(oniiael bad wai'ed in van for an riplunation «f
ThiM pr<q>iiry, either frum the witnenaet or thn
coil trl on the nart of the privonrr 'I'wii u he-
fiire had he mado untuctteftfal attempt-* to rcacit
Niagara Falla (or thn irunaaction of nnmnek* —
Thin, according to hit own khowiug, Wha Iiim toirH
ntit inpl. Why did lie al ur hia purpr)»e, turn off
)ii« route, and so tu Morriaon'ii at Staii>li«rd?

In reference i-o the Morriioii te«(ia o(iy, Mr.
H>ill,afu>r an able and fnir piuminHtion cHmt^
to the connluaiun that tnutakeoj the nifj;hl,hv woul'l
not tay perjury, for he did not tliiiK »<>, porvaiteil
it all, and l«d thpm to swear ut events uu om-urring
at their house on the ni^ht and inuriiing of th«i do-
Hirurtiiin of the Carolino, the nv. uttvucfn rf iiri
all) gniher ditiorcnt ocoaaioit. Tiii<y arc pnved to
hivti been all roixtHken aa to the fttctvworn to by
them, ai U* the prikonor being at their liorae on the
iii|ihiof the 21 Jwiuary folloAiriK; and thoy c%n
juntaa eaaily, and are equally liatile tibc, mi*-
taken aa to his being thero oa the night of ih . 2'Jih
December.

In reference to the teitimony of the witnecaea
M'Lean, Stotking, and others, which went to cur-
Mlmraie the temimoiiy ihowing the Rhkonce of
jMcLeod from Chipp^-wa, on the 29th Decemher,
Mr. Hill argued, with great ingenuity and force,
and soMwnteaded to the jury, that it may tiave all
been honeutly given, though miitakcn in (ximt of
time and point of circumstance in some reupocta,
and in othera might be true, and ftill nut ini3oii8i«-
tent with the return of the prianner to Chippewa,
the same nicht, even though he did, as contended,
leave that place at 5 or 6 in the eveuini( in the wa-
gon of the witness Pro tie.

In hia comments upon the depoiition of Col.
Cameron, Mr. Hall introduced some coilatcral
circumstanres a« beiiig in hia evidence.

Mr. spencer interrupted him to correct him. —
Nothing of the k:nd is contained in Mr. Cainoion's
drpoaition.

Mr. Hall— I think it ia in hia deposition, or at
least in a jroe portion or other of the testimony. —
At any rate, you stated the circumstance in
your opening.

Mr. 8pencor — No, sir, I made mention of no
such thing in my opening. You w. 11 find it cor-
jectly reported in Thk 8un, and I am willing to
stand or full by it as you find it ihi re published.

Without further dispute Mr. hull waived the
question, and proceeded with his disciunion oi the
lentimony of ine witnestes.

Atter disposing of this, Mr. Ha'l paused to the
voluntary statement made by the pr;«oi'er before
Judge Bell, and his depositions bcfoie Judge
Buwen- In these the learned gentlem n pointed
out mmy coniradictiona to the d rect testimony of*
his own witnes^ea, many incungruities and in-
cunsiktencies with each other, and which were in
direct contravention to the facts proved by the
cloud of witnessea who bad appeared on the part
o: the people.

From these, Mr, Hall psased to a general re-
view of the case, as presented in tne aiugle point
to which it now stood reduced —have ten num. com-
bined and entered into a combination, cmntracted
b story to aweitr away the life of a man by di-
rect, aystematic and damning perjury, or, rather,
are not Capt. Morrison and his wife mtstaken in
theirrecollectionof the night which the prironer
DMsed at their house? No rational mind could
heaiMite upoa •decision. It waa a thing impossi*

hie,«U«rZyirnpo.Nihl(i, that ten men could frame
and otirry iriiu elF^ct such a i imnpirariy, wiiiioui
the iiHitrcliing, all-peneirating KcrHimv '>i the
learned counieiol the priio.ier iilie day's li<ht, eveu from ii« tir^i cuicep-
tioii lo it« lull friiiiion

After a few and eiceedinglv olnqncnt rrwiarks,
urging up'in the jury a fair, iiiihutsrd, and n it^ar-
le>s diNctiitr«!eoi ih« great and iinpurtiuitdut , the
coiiMUiiiiiiittidn of which was now all tiii.t \v >u left
forth-ir pticrormiince, Mr. (IhIi t'i«,k lii« lotveof
iheni, Willi bin liHirifelt thanks tor the pat *nce.
atteiiiiin, and 'ttiairtuity tht^y hid inuMt sted
ttiro'ighoiit this lahunous and pr.itmcteo in il

'I'iie .(;()iirr, wiitiou' comiiieiK^iiig iu <h«rgo,
hero, ailiklf past twelve, n<tii)iirried foronp h 'iir.

'ri.ni.si(A Y. iwod'o ork.

As it was known that Ji.d.(e (i:i>'iov would
rhurg.) iMe Jury this afternoon, t oh Court Hoiisn
wa*i cMwded with anxiout Hiidiiorii, n larpo pro-
portion of them b^ing ladien, whu presnit> d an
ample dinplay of beiuity and inrelliguiirF, manv
of thH'u titiuig fair enough t<< eicitd .ine mgli wnon
we rellQctcdihat in nil piolmbility we would ne-
ver agiiin lo'ik on their lovely f«r(s

At a few minutes aflor t^A .■ o'clock Judge
GftiuLicr rose and delivered the loliuwuig

CHARGE.
Gentlemen of the Jury. — 1 congrntnlate you on
your at length arriving at the prfHOiit singe of
this long-protrnctcd trial. After v.'ur patii-nie ha-
ving been drawn upon for six days in iintemng t)
the trial, and a day and a half in hearing the ar-
guments (if couniiol.youhaveatlastiirrivoil ntthut
ficriod where yoti are called on to diomarge Vie
ast and deeply solemn duty which devolves upon
you. I congratulate you also upon the nunpicioua
circumntancos under which you approach tuu per-
f irmance of thm duty. We kn'>w itist.uo thui a
deep and feiv.d interest is felt in tiis case
throughout the ontiro land. We are aJBi uwara
that a portion of the public press haf, Irom the
lorumencement of this controversy, itemed with
inflammatory and piissionate ariinle^. Wc have
likewise hoard of popular commotions in variouH
parts oAhe CO inty where the indicitnent against
the prinoncr was found. Still though thosn dia-
turhii>gin(luencus may prevail eUuvxherc, we can
at least B«y that (bev havenot entered ihe soitma
tenii>le of justice. If the waves ol exi^ite'l pcpuiar
fHeliughive swept along in otier quirtiTx, they
have not reached the poitils of this nuilo'ini;, con-
secrhted as it is to the faithful ndministration of
that jiiBtice to which trie people and the pn&oner
alike ap(ioil. During the prtceedingH here, it may
aUobe remarked, we have seen at e tive aiKiitora
in the persjna of loyal subjects of G ear Bri ain,
who, nut ong since, were in arms in < efence of
their soil, and, oti the otherh*fid, wo had the pre-
sence of more than one diatitiguishcu f ctor >n the
scenesuf t>liv>d audsufler'ng cunnecled with ihe
recent abortive atienopt at revolution in the Ca-
nadian prftvince9,yer,altbough these individuals es
well as others who have been present, muutb.bve
been ^eeply interested auditors aud spectatira of
what, has occurred, not a syigle murmur has been
htard— nota single ebulition ot excited feeling has
escaped. All Iiua been quietnets and giMid order,
?.nd a signal proof has been given ihst hern is a
spot where justice can be purely ad minis tore d.aud
that here, it no where else, the decision of an up-
r ght, intelligent, and honest jury will be acknow-
ledged aovereign and aupreme. Itia ur.'ie- thete

aoijticioui cironmoUncea that I invite voar atton*
«ioD, gf iitlonien, to tlit> qiieiiiona connaotaa witb
thii((r«iat nn<l important cue.

All'uv mmo oirer a aingle additional patting
remark, and it it this— in order to appreciate prop-
erly »he qiiontionton whirliyou are to pronouinn
7our j iilij nn'iu, it will be necPHinry that yoH should
keep your mind* enlirfly iineinhnrrH»»fd by the
conwidfration of other matters which have in reali-
ty niilhing whatever to do with the merits of iho
case. The coiinael on one tide and the other, an
it was ihoir duty and rizht, have preaented oaqh
argumurita andditcut.ed iiUchtooictB's they deem-
ed likely to nerve the intercata of the parties v/hdiii
they represent. But the tribunal which tries hus
also diiiiest) peifjrm, altogeiher ditTerpnt (rum
rtiotto iricuiiihent on the advocates entrusted wjih
the iiitereaisof tlioso wtio are patted a> its bar.
The oa»e of thi» prisoner, jienilcmen, 1 may sim-
ply Biiv, is 10 he tried like that of any othor per-
son indicted for the same oiTence.

The first qutsiion it— has any murder been
commit' ed ?— and the second question is— is pris-
oner at t le bar, guilty of that murder ?

On the first <|iie»tion, geitlemen, the Supreme
Court of tbis State, as you have already learned,
during the prcgrc^is of the trial, have pasted.
Their author. ly is b'nding on youarH me. Vi'o
arc selling here to dtKpen«e jus:ico in the Circuit
Court, and must be gjverned by the deci'*ioii of
that superior tribunal, whioh has sent d jwri this
issue to be tried here, Ttiat then is no longer an
open question, but an adjudicated one, and with
it you have no concern.

^The circumstanresoutof which thia inHictment
originated are briefly ttiese : — In Dec. 1837 a body
of Canadian refugees and American citizens occu-
pied iMavy Islana— 'fortified themselves there and
opened a cannonade upon the Canadian mainshore,
where some 2500 or 3000 men were assembled to
protect their territory. Aid was ufTercd tj these
occuptnts of Navy Inland by certain idividuals in
Buflalo ; and one Willitm Wells, the owner of
the siearabnat Caroline, for the purpose of promo-
ting his own interests, as he swears before you,
had the Htnamb lat. cut out Irom the ice where it
lay in Buffalo Creel(,and on the mcirningof the 29lh
of D c. — ihe faial day — ;hat boat made her fi.at
trip from BufTdlo to Schloaser, touching at Navy
IsUnd ; and that after tdat, on the same day, she
made two tnpi to Navy Island from Schlosser—
that it was instrumental in carrying arratd men— •
arms— provisions — and one piece of ordnance tj
N'avy Inland:

Farther ttien this it does not appear that the
Caroline was instrumental in promoting the inte-
rests of the occupants of N.avy Island. Now the
colonial authoriiies in Canada siw flc to regard
this boat as a portion of the armament of \h» in-
surgents, and resolved to destroy her Sir Allan
McNab the commander of the Provincial force.s at
Chippewa ordered volunteers to embark in boats,
of which frve reached rhe Caroline and from them
she was hoarded, . whilst her peaceful occiipanis
were asleep in her benha, and wi:h cutlasses,
board ing-piKea and fire-arma the- attacked pirty
chased itiii persons on board, wounding tome, kill-
ing one, and wtiether others experienced tuesame
fate we know not— and then aving set fir^ to ihe
boat the attacking party sent her over tiie * Falls."

This is a briel hutory of the transaction so far
as it is necessary for you to consider it for the
purpose of understanding and deposing of this
case. The acts I have delcri^ed are held hv the
PQKOA^r'o couoael to bav« teen ^loaaed in the in-

dividual performinK them for the ratton, HVat, be-
cause these acts were authorixed, and secondly,
because done in telf-defeuce, and again bei au«e
the whole tran«acii>>n has already become the
subject cf negociation between the two govern-
ments, so a* to deprive thia court of juri> diction
r)vcr the oti'e ce. These arguiiienti have been
laid before the 8up>eme Court, and thit conn, af-
ter great research nnd delihernre conkidn atlon, I
pronounced -tt'nt this actof the killing of Durfee, |
all hough performed in the prosecution of an enter-
prise like that I have already descrit>ed, was mur-
der, and it follows thou, (^entiemen, that all who I
Were engaged in it are guilty of theaaiue iifrtiiii;(<,
and it is not necessary ttiat the arm of McLeod
should have struck the latal blow, to render hiin
guilty. £nough that he was engaged with others
in that enterprise. Tni4 question then is to be
excliidfd from your contideratuin It has it ix |
true been dwelt o;i by counsel on both aides in
their opening addrmses, and during the progregn
of the ttitl. I refer to it however to infurmyou 1
that it has been already adjudicated on and it tec
at rest.

Then comes the question, the important question
on which you tre lo pusv— la Alexander McLood
guilty of thatrnurder. The Counsel for the Peo-
ple, havj preuenied many wimesaes before you,
the tendency of wliovu lestimonv has been tu
show that the prisoner is guilty, and in order, gen-
tlemen, that you may iinderktand and appreciate
this ^testimony, I shall briefly piare it review
before you. I shall divide it into two classea— '
the Tint branch embracing the direct and circum-
ataniinl evidence, other than that arising from con-
fessions connecting the prisoner with this charge —
the aecond class of evidence will consist entuely
of confessions.

The first witness, gentlemen, who baa testified
before you is Gdman Appleby. He it the only
witness who was on board of ine boat at the time
of the attack. He was the captain of ihe boat-
he slept in the gentlemen's cabin-^he wai awoke
a littlo before midnight, as he thinks by informa-
tion that there were boats approaching — he arose
and par ia'ly dressed, made his way up the stairs
till lie founi Ma farther progress arrested — he re-
treated, but ugam returned, and had opened the
door about a foot wht^n it wus violently pushed
open by some one outeide, who tr>en made a
plunge at him with a sword, which glanced along
two of his vest buttons and struck against the me-
tal button of his pantaloons— he was considerably
excited, but in that momentary glance he saw the
features of the man thus attacking him, and his
impression then was that the individual was Al-
exandier McLeod ) but with all commendable pru-
dence and caution — for vynich I honor hira— this
wincss tays that amid the agitation of that mo-
ment, and in that hasty glance which passed in
the twinkliog of an eye, he cannot say that it
wai AlcLeod He had orice bi^iiire sef n the pris-
oner in Bufifiio, and it struck him at the time that
his appearance was similar to that of the iudivid-
tial who thrust at him, but it was only one hurried
glance, and be immediately replied to the ques-
tion of counsel when on the stand here, that he
could not say that it was Alexander McLeod.

The next wituesa is Samuel Urown. He reaid-
ed at Chipp»wa, and was engaged la tending bar
for one Smith who kept a tavern mere— and he
says that he went up on tue evening of this tran-
aaction to what is called the "CuV* and ap the
Niagara river— that he waa st the «Btnaceof
thia "cut"— Uut JWB waa at th« ^saoMhliphtw

reuon, fIVat, be-

and tecondly,
i again beiau**
ly benuma tlie
he two govarn-
t or jiiritdrciioQ
enU have been
(id Umt citnti. at-

connidnation,
illing of Durfeo,
tion of an entar-
inbod, wta mur-
nn, that all whu
heaacue uffaiivv,
arm uf McLeoU

to render hiin
ged with oihfln

then ia to be
II It haa It ix
•n both tideii in
rig the progrPBn
Br to infurni'vou
ed on and ia ■«(

iporlant queation
ixander McLcod
ae] for the Peo-
laes before you,
Jv hai been to
id in order, gen-
and apprec->ate
Jiace it review
t two classea— '
ect and cireum-
arising from con*
ith this charge—
contiat entuely

vho haa teitified
Heia the ohlf
boat at the time
in of I he boat—
—-he was awoka
inks by informa-
chmg — he aroHe
'ay up the stairs
arremed — he re-
had opened the
violently puahed
> then made a
:h glanced along
L againat the me-
raa considerably
ance he saw the
>ng him, and his
dividual was Al-
mmendable pru-
hoiior hira— thif
ion of thatiBo-
^'hich pasaed in
not say that it
re sern the ptis-
at the time that
it of the iudivid-
>nly one hurried
kI to the qaes-
)d here, that he
)i McLeod.
>wa. He reaid-
IB tending bar
I tbere— and he
ng of this tran-
4'/' find up the
Che «Btnugtceof
|l}eacon>lifht>^

oaw the boat! paating intothn ''Cut"— and tbrn
he thinks h» reiogniied M Luod nnioiigot te par-
ty embarning in the bnats— ii was dnrK— but the
wiinesa espresaH the c*<riainty uf his belief ttint
he then and therr law the prisoner. He lays he
went friim there to Uavio' tn%erii, where apurtion
of these personr. came, and thereby a l>ght which
shone from v^iinin tha bv-roum — or by a light
out on the ao'tp, alihuiigh he cannot remember
any light hnnigingout there — tie proiensea tohuvo
seen itiero ugaiit Alexindcr M'L<><>d. He tlieit
says that the iicxt m>ri;fing, ^eni lumen, bcttvccii
daylight and sun rue, he heard someot the men
in the tavern talking of McLeod's boinir wounded,
nod was over on the opposite stoop — the witness
)a'ike<l nnrntH. h»anid, and then I hour M lie axain
recii|;niaed McLood. He says lie went over to see
whether McLeod was wounded — he saw no one
npparently wounded, and did not see inm. He
WAS then inquired of in relation to the dt-gree of
certainty with which he could say thnt tho mun
whom ho saw was AIcLood — and he said in reply
that "he saw a man whom he called McLeod. An-
other queaiion wad put to him, and he thon s«id "I
mean that I am sure tliat it wsa M'Lend, aa that
he now sits before me." This ia, gontlomen, hia
testimony. Ke submitted to a long croaaexaroina*
tion ; and how far it went to aliake your confidence
in hia atatementa, it ia your pruvin e, gentle-
men to decide. 'I'here is, however, one consid-
eration which I will submit to yoj. It is
this, thst when you are to judge of the cred:
to be attached to the testimony of a witness, it is
right and proper that you should observe his man-
ner on thp ataod— the degree of intelligence which
he exhibita — the amount f.f powers of observation
and acuracy of recollection — and having done
ao you are to decide whether hia answers satisfy
you that he is honest, and on the whole whether
hia atatementa are of such a character, when
taken all in all, that you can toly upon tbein —
and if not aufHcient to satisfy you altogether, you
mustdecide in how far you should allow what de-
gree of confidence you roust repooe in hia 'esti-
mony, and that you will bestcjw on it and nu
more. It ia argued by. the prisoner's counsel that
the degree of darkn'iss .which prevailed then, and
ia testified to, waa auch va made it exceerljngly
rash for this witueaa to pronounce so coiifidently
that he was able to recognise McLeod as well
there aa here to-day. It is also argued that he
stands before you impeached as to his character
for truth and veracity. And to sustain this im-
peachmeHt witnesses have been called and have
appealed before you, and teau£ed that he lives
near the residence of thia witnesa, and be aaya
that he heard him apeakingon thia subject I tliink
at some former period, when aubposned, and
among other things he aaid he knew nothing in re-
ference to this tnatt:r that could do McLuckI any
harm or any good. The statement which he
makes of what ha said ia aomewhat qualified. It
ia remarked on the ether 4iand that witnesses who
are subpcened frequently make careless observa-
tions, and that this person being a poor man, might
wish to avoid attendance on this trial. Thia is
very true that persona often make carelesa re-
marks, and had Drown made auch a statement
inpreaence of any one who could have excuaed
him from attending here, then the plea of counsel
would have been entitled to greater regard from
you. If ilk truth the f'^cts which he has here sta-
ted were remembered by hira at that time, then
t ' ey were all facts material, and he could not
haveMuAewntteaUy witb tritth that lie knew

nothing of BuffiR*ent importance to harm or benaflt
t'lo pri*on«r. 'I'his, geoilemen, is the riirnt of
Mint individual's tesnmopy. You are fn tnke it
into your considerattiiii, and are to exerrisp yonr
jiKlRini-nt in rx'drciH e to the cU'ort U mav have
in dolraciiiig from your ronhdtmco in the evi-
tience of Drown I niav add that in order m res-
ton- yiMir c<infiden<-e in L) owo, Kates wa-* ques-
tioned, and in reply stated that that indivuliial's
clinrficter for vj-rncity hnd latterly improved— that
f(irme:ly ho had been au intemperate mun; but
was now rnfirmrd.

The next vvuness, gentlemrn, is Isaac P. ( arson.
He is a iimive of this t^late— a carpentor hy trade
— he had been at thippewa in prosecution of hia
bukinena- h4 tet^iiftes that he waa at Miicklin'a
sv>re oil he afternoon of the ^Dth of Oecnmbsr,
3837— that lio there saw Mogin, Ush* r snd the

Crisonor pasking out qf Dtvis'— triat he alno saw
iin next niort.irig at uunrise with otturs, on (He
"stoop" — that lie wrs at some little distance — that
he could see only his head and shoulders — ihat he
was telling of his ciploi a, and saying th^t he had
killed a d— d yanUee — that ho sov/ him bgmn two
or three days afierwardt — that he thon said be
would liko to be on another such expedition, and
burn SufTilo. This ia an analysis of ttiis wit-
nessea testimony, which ia spread over levtital
pages Qf my muiutea. You well recolloct, gentle-
men, tliia witnessea' croaa examination, a^ d will
judge how far that weakened the force of the
atatementa made by him on his direct exanviiation.
There is, however, ono point that demi nd* your
particular attention. This witness vjoa inquired
of as to who else were present when he neard
McLeod flourishing and boaHting of having killed
a yankeo. At first the witness could not recollect
any one ; at length he said he could imine one
Caswell. lie waa then asked whether ho was
present at thia trial upd he aaid yes. lie was then
asked when it first .ccurred to him that ho saw
Caswell there that morning, and he confetsed that
it was that very moment. The cross-examination
was protracted, and in the course of it, it came out
that he had cimveracd with Caiwell as late as the
morning of (he day on which he testified on the
stand before you ; that thoy talked of the hff«ir of
ttie Caroline, and that CasweiH infurnicd him that
ho was there that miming It mnv bo thac that
waa all true, and ttiat it really d u not occur to
him that Caswell was there, till the niomrnt the
question was pat to him. Cut you are to judge of
that.

The next witness is Chart ei Piirl.es, bar-keeper
at Davis's Tavern— he testifies that ihe prsjner
went to bed at Davin o tavern early in the <lay and
got up between 8 and 3 o'clock in the evenng—
that a gentleman called for him and he viei t out
— that half an hour or three-quarters of au hour
afterwaidd he saw him between Davit's arid the
Chippewa creek— that a good miiiy people vicre
on the rosd— tliat McLeod went into one of the
boats—ithat at about sunrise next morning he saw
him at Davis' t — that he again saw him a tew days
afterwards in the officer's mess-room, and tliere
heard him siy that he had killed a d— d Yai kee—
or something, like that — &t the close of his «xami-
nation this witness was uked whether he could
sav with considerahlo certainty that he saw
McLeod at the " cut," and he said he cou<d— he
was asked fuither and said he had no doubt of .it
— he also stwea that it was pretty dark that night
—and testifies aUo to other things, on aciount of
which the counael for the prisoner contends ]roa
should take hi* teatimony withcoasideraoie grain*

of Kll(twan'*e — hettitiflaiM tn h» » bmihnr-
id-lwvs whom hn not*, tmDniiiid ■« n wttiPiN iriciMO
till Kvidniirn wtue iiAfnutiirv — iNat money wna
ptid itid>>M itio o.ciuioii. Ii IN nUo firgiii<d thxt ilia
Witt o ■ ini|i n very fx'jinriiiiia'y atory in rol«lion
t'» t' o iiirtiiior in wtiicti li« tma *t>een ii.d immI t>
ni>|i«iiir 'lure -tlint hu MiMrr>il trmii homo ti ni<>ko
rortii'i piirrha'CH in liulFilo — Hiit ho MiBppeted
Kd rooiiH whoari'oalo I himoii ihowavwit*! tlio
doM.gii "f arroHlmg hnu louiiNiiro hia Hte d>iiirn na
awii OMon itiia irial — that ha lotnni'd h<>m« —
Agan "(^tnut and wa« arrea od in Huil'tlo before
hnhi'i liino tdtranaactariy huaiiie a— that fu'ther
ho «vaH g lomrit ot'tholavi'a of thia SSt'ito, and waa
MO frigiit'ifiad t>y t e •llo^ed re|>rt;iioiiittiiina »f
Mr hiiwley thai ha (Mr. H) had power lo en-
force It a anoiuiunin hnre, that to roiiaentt-d t >
cnino All ih a m<y or may not be the iriith. Thm
wit(lUt<HHl^<n tOBttio* that bo waa aulioiioi tocoirie
heo It/ ptirauua religioualy oppoaed to botring
aim* Mow, gentle jian, i b«ve noopinion t> «x-
preaN 014 t'leae <> altera. You are the aole j^dijoii
of thia tcatimoay, and with you I leave it

Th next wiine«a in Caawell— he whom Cor»on
apoke oi, und Ue tevMfioa in aub*tanoe that he alao
aaw Mf.Lood itiat morning at Uavia' tavern.

Th><n cornea Quimby — he ia the witneis from
Pennaylvania-r-he leklifiea that he reaided aome 2
milea irom Chippewa; that he waa there on the
2'Jth with a load of bay, which he add to the Go-
vernm««nr; that he did not get paid for it at the
tune of the aale; that he rem«med till evening; and
in tlie c lurae of ttiu evening aaw the priaoner at
DaviM' tavern; that he remained there from 9 till
10 o'clock; that he then atarted for home; atopped
at Pet la' about m mileoff alt night; that he then
turned back and waa again in Chippewa between
daylight and aunriae; that he went back to get
payment for hia hay at the Commiasary'a office:
that he waa going there when he aaw McLcod;
that he aaw him on the *'ridge," an^* *^nt he there
beard h>m hoa4t of hia expioita on h« Caroline,
and heard him declare that there wa» me blood of
aYanKfeonhia aleeve. He it qiieationed then
aa to whether he expected to receive payment for
hia hny at that early hour,and whether there were
any p^raona in the office, and he aaid there waa
not; th>it he wiahed to be there in good aeaaon;
but did not after all get paid, and finally want
home

but, gentlemen, it aeems according to the teat-
roony of Mr. l/ott, of Lottaville, Fa , that on one
ocoaaiun thia Quimby eame with another peraon
for the purpoae of m diking an affidavit before Mr.
Lott, who 11 a magiatrate, and that that gentleman
refuaed to take the attidavtr, becanae Quimhy waa
unworthy of credit — that he went to another ma-
giktrate by whom the affidavit waa taken and aent
on. L^tt aaya that he reaidea in Lnttaville — that
the reputation of the witneaa Quimby while reai-
dent there waa very bad— that he waa not to be
believed on oith— and that in informing the pria-
onor'a counael of hia character, he (Mr. L.) had
no private motivea of revenge or malice to gratify.
Now It 18 said, and it is true, that ordinarily a wit-
ness to invalidate the testimony nf another, should
becalled from the neighbortwod. But you ate
the arbiters of this quosiion, and in your hands I
leave It.

The evidence of Seth Hunman for whatever It
is worth, is also befoie you. Whon examined be*

fo'« he Slid Mr! T,A(:d waa not seen by him that
morning — ho now hajra that hn waa. Vou will
giv* thii tho credit you deem ii de«oiv«».

Juatio" F. T. Stevem ia then raltud and awnm.
fin ininnra that he waa irnteiil uii thn n ffht in
qiiCNtion, tirtd ttint he inw thrco ho\ta gn out and
rttiiirn — and he diktirctly and poaiivdy swenra
llittheaaw Mrl.eod d aen.bark at ihe beacon I u>it.
I'ha' i» n atatenieiit \^hich ia not cirrolM-rHiett by
oth' r witnrhH, and ia on the contrary hjatileio
1 10 atiwi'ini'iita if all thn othur Mitnuavra oa bi^lh
i-idov. It rn not ho true. H» wiia di«miN»P«l
from the tttnd Mi bout uroia.ex uiiiiiatiun. He
ha< tetit fi d to a d>'libFratefalaeh<K>d— n faltehond
for which the pulliniing plea of the probability of
roiatnke riiimot he<>(f>ire<<.

Le«innrd An>on \u ihe next witnera. He aweara
thnt he atiw McLo(mI ot the bar ui D.ivis' tavvrn— *■
that thern were oth^r* thrr<4 who took part in ih«
rxpodi ton »i;ain>t the Carolinn, each hoattirg'na
to who had cooinitted iho greatevt crime — that
there ho aaw M<;Leoit dtaw out hia pihtol and

declare that he had klled a d d Yankee, and

thnt he nointed out the bkx d on the aiock of the
piaiol. Tnia, it ia eontoiided on tiie part of the
priaoner ia an improbable story — that lie caul l not
uave seen t*)« blood on the piatol. And othur
conaiderations have been submitted to you in re-
lation to the teaiiniony of thia individual which
it ia unneceaaary for nie to dwell upon now. You
pre the judges of their weight ana tho attenuua
which should be given them.

Theie are I believe the only witnesses belong-
ing to the (irat claaa of evidence againat the pris-
oner. Thatia, there are the only wiinoanea who
tea'tify of their own knowledge aa to facta unallied
with confessions, which go to connect MoLeod
with thia entorpriae. And the priaoner'a counael
cunterida that aoine of these witnesaea have been
impeached, and that others have appeared in very
dotibiful circumbtancea— that the darkness of the
night waa a good reaaiin why no very grea^ con-
fidence ahouio h? placed in the atateroenta of thoae
teaiifying ao positively that they recognisad Mc-
Leod with auch curt iinty. Ai:d that whit they
have thus proved ia enough to throw aoire aliade
of suspicion on the whole. That is the view taken
uf it by tlv^ prisoners** oannael.

Whilat on the other hand the counsel for tao
prosetjut on insist that it is a masa of testimony
which you muat believe and which believing yoti
cannot doubt trie lact of the prisoner's guilt. It
is your province to criticise all this and pass upon
it.

The other branch of the evidence is that cori-
tainrd in the conteisions of the prisone>; and
tbere is a principle of law applicable to that oe-
Bcription of evidence, to which the counsi.1 for the
prisoner has directed your attention —that con-
feisions are in themselves the moat auapicions
kinda uf evidence — eauily fabricated— and diffir'ult
to be disproved — liabie to be mutaken — partially
heard— partially remembered — and, unlets cor-
roborated by other teatimony, the rule adopted
by the elementary writers, and sancttoocd by the
most dibtipguikhed uriats, ia, that they are the
most unsafe deacription of testimony. Neverthe-
lers, they are competent te be weighed, judged of,
and passed upon lik-t all the other evidence in the
case. I therefore, gentlemen, call your attention
to the evidence of

Henry My era; »nd 1 would adimwish yon that
one rale by which you are to test the declara-
tiona of wimeBses, is, that yon ue to aee whether

by him that
at. Vim will

I'll •iid ■worn.

(I Ihn n ght in
) tU go out ami
lively «we>ir«
fte t>«itc<iiiluV.t.
irrolNirnirtt by
rnry hmtile lo
noMiiri oil both
wim di«miM»r<l
iiiiiation. He
d — a faliehond
I prubability uf

PI. H« awMyra
>,ivi»' tavfrn—
uk purt in ihn
ich huaktirg'iin
•t crime— that
hill pihtol and
d Yankee, aod
le aiock of iho
(le part of the
at liecoul I not
>i. And other
d to yoa in re-
dividual which

rm now. You
thu atteuuoD

InoMea beionf-
igainat the pria-
witnoatiea who

faoia unallied
inuecc McLeod
Boner'a counael
laes have been
ipearcd in very
larknesa of the
very Krea^ con-
Boieiita of thoae
recognizfld Mc-
■hat whit they
ow aoire ahade

1 the view taken

Bounael fortae
a« of testimony
^ believing yow
mer'a guilt. It
I and paw upon

ice ifl that con-
priione>; aiid
ble to that oe-
counai-l <or ths
lion— that c(m>
Qost auipicioua
d— and diffirult
iken — partially
d, unlets cor*
) rule adopted
ictioncd by the
It they are the
ly. Nevorthe-
{bed. judged of,
ividence in the
your attention

Mwiahyou that
It the deolaia*
to we whether

tbnv are probiblo— like what icen ia like rir-
cuiiiot nc4i w.iulddo.

'I'lo !*■( irt that im one wcration vhilit he wa«
pi«- nil Niainrn VuW* b* iiu>p^4d at a tavern and
mw iVicLmmJ withn nuroher ul ouior* — thai Mc-
h ••» I wat ai inmtt'd f»V ni»m« by another ol ib«> p»«r-

ty — liai he b(mlll^d Vmt ho haii Kilkd min •'■ d

Yai k^e, or r«b'l— ml that le ni npuliiMl the wil-
noa" '<) "trttiit" the puny. Vtiii Mill jmlt^n ol ihe
credibility of tlii* wit ifHu'HktMry; bm ihuro isone
thm • li«i Miid wMcli buti nut bo n notu-el by any
of I lie <-oun«*<l, and wbui may aid you in paimi'g
jiidgmr'nt on h«M «vid«-n«'e— ho caid tb^t ho mark-
ed t 'c Uiatiirea of Mi Le<'d well, aa he determined
to ii<M him in n liinilar manner, if ever he got him
on tbia "idi; oi the iionti>*r

The nrjit wiiiiifioi it t'ulvin VViJaiin. He it the
kee' xr oi a ft rry nt Youngatown, in ('anuda, and
he N tya t^>at a lew days after tint dtwtruuiion uf
the tlrolme, he went over to Canudn — Aenc into
K bi> <•■« wbi ro was a pemunof the iiarne ot Riiyn-
r4>ck, McLeod atid olhora whom he nniued, who
h >d ' fifix actor< in th<\t irantaciion, and mat iMc-

Lrii ! Miiid one of the d u rebels got bhot on the

whHif. Thia wiineaii bna been croa« esamined at
leut;'b,arid confotaed iliat tKoiigba p tor man with
a finely, he had given 9200 to the "patriot"
ciiU'i', and declintd antwering whether or nut he
hail larbond tho noutiioiis Lett, 'lo rebut his t<*ri-
tim>>ny a reipoctabln inbabitnntof tie town of Ni-
agiir :, named Hamilton, wni ptodiiced and testi-
fied t.iai he well knew K'xyiicuck, and that tlmt
iridi vulnal wta absent in England at the time aje-
cifieii by Wilton.

Tiie next wltnera worthy of notice ia Timothy
Wheiitoa. He wa« called by permiaiion aftarpro-
■eciition'ieBted, the Attorney General auppoaing
that ih'ue had been a revervation in favor of thia
wiiiie^a. He d«>Doiiea th-tt aboiii a year before he
bad none fiora Whitby, Canada,whf re Irn lived, to
Niagara — was near the ferry — aaw McLeod com-
ing up fiom the water aide, Bnd4be witneiaed re-
merited to bim that the aentinela had a hard time
of II —that they then tallied of the Navy Inland-
era — ^nd about thuir number, tbar McLeod kaid
they 'i«ver would havu the Caroline tuere again,
and .idded ihnt he waa the lecoud or third man
who boarded her, that then some perion a atian-
ger to witneia interrupted the convenation by
taking McLeod o(f— that he (tlie witness) turned
I from the ferry recuUeiting ho hnd not h paaa and
we I r>aok lo the town. Gentlemen you ace care-
fully lo examine th'a evidence and deride accord-
ing lo your conacientioua conviction of the truth
as i! rtially ia. If you believe ihia evidence, not-
wit<<Htanding aomeo' jectione to it— and uotwith-
irig Home daducciona which are to be made — if
you believe that it doea after all present to )ou an
am Mint of evidence which ia aufficient to call ui>
the iiri^onei' *o anawer — then you are to take
into consideration the defence opened before you.
And ir '.^ undeniable that in looking at thia mast' of
evil i ".^ ihere ia much that appears questionable,
and much of it reiaaiua that is not piiwerfuily at-
tached, and that doea bear very hard on the ques-
tion of the prisoner's guilt. But pabtting from this
you ure then to Iook,ai the prisoner's side, iiecauae
u in ibe right of every man put on trial here to
present hia witneaaes— have ttiem examined, and
if he succeed in eatablishing a defence, to have
the lull benefit of it.

That defence, geptlem en, is what is called an
alSn. It is, in other words, that he had no part or
lot, no sort of participatitm ia this enterprise. And
this, after the disposal of the first questum already

passed upon, is ihe only other ground of defence
t lat eiikts. And in my judnment no drgree ol
snapiriun shoU'd atlacri hi u as an original de-
fence, bernuks It is aa I jusi SHid lha< iiy defrn^e
inai rnioaina f ir Ihe pri*oiier at ih ' bur. If he
vte'oin iruih opmi that eipodtiion, then is lie
K'liiiv, and so yuu must pronoimtn tum Hiir,
Ki'iiflemfo, if t e waa at that iiu.t^ .'> or A or 7
iiub'M ilmitnt, if he hitd no iiHninpiiit.M m ;liai
•>tiii'r|irike, the<. the sanu- gnat ^•r<n'-i|ilHi ofjn«-
lit;e r<-q'iire thai yuu kboud* prunuunco tiioi
iiiiioceiit,

The evi lenre snstaining this drfence consists of
Ih^dfitudti'ins of iudivulual* nvowuiily piniiTipa-
tiiigthi*oipeditioti, and errondly of the oral testi-
mony of Meveritl individnnla snowing, or tending
to ahow, that McLeod waN. during the exarution
of tiiiii enterprise at a disiuni spiii, in another
own.

FirHt. then, with regard to the evidence of the
cuiniiiiMiona. The prisoner's connvi 1 is tif}\i in
t»-liiuK you that evidence tukcn in thia way, is,
and khoiild be less (atisfNcory than that given
ptuaunally before you. Hut ho far as the depoai-
uuna themselves go to deacriba the individuals
teaiifying, you may deaire some intorraatioii res-
pecting ine Bianding and character of those indi-
vidual*, dome of them are lawycar*— lome of
them inarinera— -and some offiuem in her Mitj<-Hty's
Ber>iee, and by th^ir descripiioas they sbuuld all
be men of character and respoosihility.

It haa boen ssid that thi« commiMsiun was a
"roving commission" — that wiinesio* were ex-
aiaiiie 1 whose namea bad not been returned —
But mere was in the spirit of liberality, and by
consent, a supulaiion made that more witnesses
than thoae named m git be eiomii.ed. It was al-
so hinted that some suspicion should attach lo
these (Jeposiiiuns from iho manner in whch they
had been made up. [The learned judge here de-
scribed the manner in which tne commissions
were executed, and ahowed that no autptcion
could properly reat uponthem He the • proceed-
ed.] ^^e Attorney General haa noi iced the tes-
timony of ihoke deponents with sreat minuteness,
and equally great ability. He has pointed out
where the witnesses have contradicted each oth-
er or the truth. Fol instance, some saying that
resistance was made on board the board, whereas
it his been shown that there was no resistiince.
If the witneskes swore so knowing that thev were
swearing falsely, that will of course detract from
their credibility. But Wells himself t-stifiea that
he heard overhead the sounds of fighting, and
ttiitt in the darkness of the nigtit and contusion of
the mdee, the attacking party had mistaken each
other lor the occupants of the boat, and that they
fought together. If that were true, then it would
not follow that in testifying as to resistance en-
countered on board the boat, they were not false
in the corrupt sense of the term.

Paskingfrom this, there is this other considera-
tion, which must strike you in ihe outset. If
when Alexander McLeod sued out this commis-
sion, and dire(?ted the commissioners to examine
persons wbo had been in each of the boats, and
if in truth he had been present there himself, he
must be a bold man indeed. Because he must
have supposed that the commissioners would ei-
ther have laken only those who could not see in
the dark whether he «vas there or not, or that the
mon would have been so corrupt as to swear
falsely to extricate him from the punishment of
his crime. But thia ia no further evidence than
as it is a poitioo of tlM hiitmry of the transaction.

and with th«M views yov we to ttk* up the tMti>
m'Miy Kiid atceruin, mfter ■oloran incpiiry, how
much cr«dttyiiii ittould give IbMn wiiii«mm.

It in lUKloiiStcitly true, K«niloin«n, Unit H^wrt
rnnnol »»y with »ny (l«Kre«) of <«rc«iiity, lint Mc-
!.eud w»« not <iti himrti tli« Dtixnlilion. 1( In ri|iial>
ly triio thatM' NhI) caniuii u*y m«, altlioiiR'i It" tu-
pitritiieiiitcd tim eiiiburkatiori of the peraoiii «ii|{«-
giid in the r nurpriw. Norm b-it the Allicpm«
oyi< could |)«ii«irnte th« (iarkiiew ttiat iihruud«d
ihoM lUere HMo«iaiod. JJut, then, tht-re am oni»
or two i|eiit|im«n, frcin among innrntea uf each
piirtivular lioal. wtio have hf cu eiamined. Home
ufthem knew McLoimI well before that time— oth-
ers became nrqiinintcd with him nfiorwarda — «ome
tnikad with hiu! recogi i««>d all their eaioi'latoa—
and thoy nil toauliedtlutMc/^od wainutaniongiit
thrm «.(i tliot night. Now, gentlemen, it ii proper
thai you tihnuld Hpply the riilu diiitingui«huig be*
twefln iMiiiUve nud iiogaiivo tcaliraony. ll iatiue
that where one man bwi'iim he did aee another at
any pur(ic>ilfir tijotund period, it ii more natiufac-
tory than when ho ran only aay that tho other
was not there, But you will take into comidera-
tion ihereaaona which would letd you to believe
that the now* of Okch ol the boata must have well
known «actt other, and no form a correct opinion
■IK to thfir credibility when th»y aay poiitivoly
that Mc Lend wan not amongtt them With thia
remark, I leave in your haada tliia portion of the
priioner'a defence.

We come n )w t» the proof of an alSn, which if
■nstained, ci»ii leave no doubt of the priionor'a
innocence, unleaa you caa believe him gifted
with ubiquity.

Thefira witneia to prove th'a it William Preaa.
Heavarathat he conveyed the priioner and ano-
ther person to Niagara un the day of the ileitruo-
tion of the Caroline — that he knowa it to be that
day from the fact of having made an entry of the
U^naaction in hii caah boJk under that date— that
he conveyed ttie prisoner in the evening aa far oa
Btamfotdon the way back to Chippewa— i hat
there prixiner alighted from the wsgun, and went
to the houae of Capt. John Morriaon.

Wi ham bturking was called and corroborated
thp evidence of Preva, and both, I may add, corro-
borate the atatement of Hamilton respecting
Reyncock'a having left fat Europe before the
commeoceroent ol the troubles in Canada.

The famdy of Captain Morrison and himself
swear positively as to McLeod's being there on
the night of the 2'Jih Dec. Captain Morrison
states that he is enabled to fit the day from the
circumstance that his friend, Col. Cameron, called
at his gate early next morning, and informed him
of the destruction of the Catoiine, end gave him
a fragmebt of her ruins, which he had fuund in
an eddy below the Falls— that he tol'l this to Mo
L(od, whom hefbtind half dreased in the parlor,
where he had slept . during the night— that Mc-
Ltodwas electrified, and calling lor his hurte,
promoted to leave immediately, but finally re-
mained fur breakfast— after which he went on hi*
way.

'I'hen oonoes the witness Gilkinson, that be met
MrLeod uQ the day after the oesiruction of the
Taoline, on the road from Stamford— that .they
] lO Up ti^ether to opposite Navy Island, from
which they were fired on— that one of the balls
waa p uked up and handed to McLeud, who car-
ried It with him— and Seara, yon will reooilecr,
ataiea that on thia day he aaw McLeod and aootb-
>>r person iidiii|; along that way, and that they
.ware fiied at Jipm JHavy Ulipnd. x Vo» teatiBumy

is also eeneborated by tkat of Mr Mnl^asa.

Tills is the aggregate of the (asUmonv, gentW-
men, on thia part of the defence. The evidf nre
of I h'> Morrisons and tite dtolaration of Mrl^erai
on h s exniamaiion have been submiitrd to you
ni d criiiinMed iiy the Attorney (>«n«ral with gre^^t
iihilny. If he has saiiiili«M| you id^t ih* Mnrri-
sons may have been mistakim as to dates, and in
particular in reference to thia great em ch, and
ilint iho other wiineises corroborating them may
hnve aiNO been mistiiken, tiii-n your confidenne in
this portion of the testimony vanishes. Hut if
you decide on just grounds otherwise, then it
klioutd 1 think be decin< d satitfacbiry in astab-
litfiing thH innocence of the prisoner.

(Mr Hpencerthen requested the (^'nurt to charge
thn jury that the deptmiiion of Col. Cameron cor-
ri'bwraird esseniinlly the statement of ('aptaiia
M rriion, whi'h his Honor did and proceeded :]

Kut gentlemen, if even after all, though the pri-
soner may inynnr opinion have failed comrdetely
in proving an aUn, yet if he have raised sufficient
doubt aa to his guilt, he is to have the full benefit
of that doubt. The law never divides between the
living aitd the deed— never consians any iiidivi
dual to th<^ tomb without an overvmelming amount
of evident e to prove the guilt of the aroused. In
this spirit you nre now to consider the evidence
which I have fully reviewed before you. *

And now gentJomon, my task is porfomed.
Your duty remains to bo done. And It it one of
the most snlemn trusts that can bo repoicd in tho
cit'zon. Ynn aro to tak<4 this case into your deli-
berate conoidorstion. You nre to woigK and de-
cide on overy part and portion of it. Vne are to
c(^l into exercise your bert powers of judgment-
regardless of rumors which may have reached your
ears — regardless of evory consider ition except
that of tho giiidnit principle of iuitice and iropa»>
linlity. And when you nliall fiavo ccmetoyonr
derision — nnd dodared where the truth lira, then,
with an indepondonro that will honor tou, and
with the nnblo integrity that your country expects
you to exhibit, you will pronounce your veid'ot.
And tben I trust that all who have witnessed this
trial — the ability with which it haa been conduct-
ed— arid your patience in attending to it — will be
Bstisfled.

If the evidence will lead you to say that he is
gui ty then, although your derision should wrap
your couLtry in the flames of war, you will fear-
fcs-ly pronounce it— ont he other hand if he be
in ocent you will so pronounce him, regard ess
of thretts or murmurs or tear of rebuke — and may
the G d of truth enable you to domde according
to thfiso principles of truth and equity which are
tha found iiions of the E emal Throne.
CONCLUSION.

At about four o'clock, F. M., his Honor conclu-
ded, and the case was then given to the Jury, who
retired under charge of the Constables, whilst tha
Court proceeded to the despatch of other busi-
ness.

In twenty minutes the Jnry returned to the
Court. House.

"Have. you agreed upon a verdict,' Gentlemen
of the Jury ? ' akked the Ckrk.

" We have," replied the I'oreman.

" What say you, gentlemen, do TOU find Alw-
ander McLeod gui Itv or not guilty 7'

"NOT GUILTY."

All was hushed and quiet— no excitement visi-
ble any where. The pruoner's keen |[rey eyea
brightened np somewhat, and taking his fantaod
ckNi^ke slvwly retired with bit eoiuuML

MB.

nv, gantl*-
i« cvidf lie*
III McL«n4i
tlr<l lu you
I with Rfflit
ih" Morri-
it«f, «ikI in
•p< rh, nni
\ ih«m m«y
mfldencff in
«M Rut if
''w», th«n it
y in «tub>

irttochHrg*
iiiicnm cor-

of (''apttin
co»d«<i :]
•iigli tbfl pri-

ciimrlctely
)(i •ufficiflnt

full benefit
Miween lh«
any indivl
ning amount
iccuaed. In
he evidence

BU. ■

porfomeil.
it !■ one of
putod in tho
o your deli*
igli and de-

yoa are to
judgment—
ciichod your
ition eicept
a and iropw>
rente to your
th lira, then,
u>r «ou, and
iritry expecta
^our vetd'ot.
ritneiBod this
sea conduct-
o it— will be

ay that he ia
should wrap
ou will fear*
land if he be
a, regard eaa
ke — and may
de according
ty which are-
me.

[onor conclu*
the Jury, who
ki, whilatthe
}f other buai-

urned to the

t, Gentlemen

fon find Alex*

(oitement viai*
ten grey eyee
iglua Mtend
UmL