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TRIAL C TH Athftll ley took h JudgM Wl Court. 0(i b«hi H«'l, B»<1 AiM>rney' SSeih L r •nthe 8pen<*«r, ley, E-qi Attor il ■enta, th« eitent of «r than in doing and oidi stated to p>eaervii w«8 mar Tiie C Court •>* •lid bv < . ceded t) fi»r ihe I moved 1 forlKwit The Mid pU peeranc ielt roui Mr. I and the reediiic and ini then pi nailed ' and hi oounac follow Mr. opinio oner 7 Wit Mr. ptes t aadd< TRIAL "i OF ALEXANDER M'LEOD, rOR THK IF 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— 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 th«tm#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, aniberian 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 n the doring I heir v In conclUki jury a fuUaniJ dMvolviitg upm««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 cl 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>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)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 |'■ 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-imin4 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»tr, 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<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 Ii««ii I 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« 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«.d luo, aayir^ "liollo, «lo vu b«liM'(( ui ilin boat 7" I nn«Wf r«ir«. '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> hlni 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— hl», hill littU litilv fri'iK^ii 'rotn It. I tii> 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- )-*<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-|Hiunin. 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>is 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«ri ■ •I III* hu«l. I •till (ltd •*<# |liirr«« III! I a«w )mii 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 iiif tliit nlitrf. WlMi 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 ri« larlMwrd guard, and ariiii>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 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 poae4te 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|tpi>- A b^wl iuil ml •(iii»»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 •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 «taanibh« 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 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 iln-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 har a vary li lie- h ui a fcxii— a man aprang at the itiia 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 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- hni« oio atriK-k htm on Iha hnck, and h« then worked hia way along till he goi nihore, antve ihe blow wnh a aworil in Ihe otbin— thera ww« a lamp at the h(iiiard— 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 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 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'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- 11 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 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. Cinmin«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 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 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 i tl ts htm tine* the nl|iit ■(•t«-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 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 IS 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, aiii' 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. Stes 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>tth 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 r u •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— 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 tu 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'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 ackiiowlevidnaia 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>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*ltiinri 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 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< 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,»ii11ect 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[ii8 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'd. 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 H 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', 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 IT 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 dl-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" fi 18 «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, «ii(Ml ntiout ttiii ('troliria, niid IVl 'I,mi(l Hiahvit hw had h«Knthrin; anw IVIo I'* ^^>*' 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- > 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 buuil 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>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 («ii««r hwr* roM And itM, th«t th« <'oiirt hrf> '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 «d with M L«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 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< pr 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 II !l 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 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«ln you nimrtilon tha point aa Ui Drown'* •leolara'iotif. Mr. Hall.— Yaa, at pratant, but not h«ro up together, but thinka thtra wcrii only tuntoraign,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 71 ti 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>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 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«^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 Canaer8 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) *, 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 »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 sniilied 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)i >i Hfiiiw niivili I'j • fill* |ifn«»ti»r'» h»'i>i r«i|»»«l oa by ^'t^rir ll«milii«n i» '(i«« cimiiihioii Willi 'h" it •ofT'ioml |>nrty I" ('aiitiU Ity Mr. >t|M>ti iif- I Kill pr#*i<'rl. IHorMt'in hii« )i«*ii p^rfvily ii^bor »iii<* li« WM« «t |#«»i«i'>n «•• 4»l(nr>*~ li" wa* iiii))ii«'«i»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«# > •»«'iit>oii uf Um < !«iinnimi«»ioii«'r« — was puitwiit at *h* mkiiiK of lliirr n' «iviili'iirf> -ha wok |irufnpl*nrr>~( iirrw>nt on t\w b«n *tiii««l hy i\ forinrr witno«ii- no 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 "ril 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 prMpn-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 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 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)i|»r, aad an lit« •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 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* 33 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 *, l^«' iha/ •hiM'lil h« 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'i'ii«' (t Mho hwvi' •{•'Voi»f1 tiii'li MMmiitim to hM I'd** •■ Mi'r (liiy rt i|iiirti(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 i(K«, grn Iciimii nftliii jury, llinl villi will hn •|i'kr«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<< u> >>o- roniA nri|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 nni|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«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 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 rvvN 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 >d ih«t wutd III ila l*||iiana o anf •! • 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 - 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 rui. |iii|#-^oii« inn ni m )>«iopli> — kit < rfPd km I do nut ahnnk from »«y>nK ihii >ha iol« al*n to invulvn ihraai • •nii irta m a ii|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 thci»i)'; and aa ii infm- bfr of the hiir nnd nil American c tispn, he pro- tpatod nK'iilij the rekiilt ot° tll 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«eecution, 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 «;-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 rr 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 reg89 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 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, pf 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 * 16 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 vih«^)r v\i(iiekei aitAiriiti ir<« wit- iicubH Drown mill Qminhv, viai meir pr> 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'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-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< 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 » 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 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> prc» cii UH heahh to venture it in ih-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 priiry, 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. Tiiii the learned counieiol the priio.ier i< i iii){ ih«' r cilie day's lis 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 '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 M 26 aoijticioui cironmoUncea that I invite voar atton* «ioD, gf iitlonien, to tlit> qiieiiiona connaotaa witb thii((r«iat nn 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>^ S9 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*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'ikere 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 » » 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 firgiiieen 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 «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>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>'libFratefalaehd— 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 n n 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,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 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«**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< 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 ^•riee, 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. H H If 3t 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 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 irttochHrg* iiiicnm cor- of (''apttin co»d« 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