The Sun. — London, England, 1841-10-26 00:00:00

MORNIN G- KIN POLYTECHNIC INSTITUTION. .. Mr. Bachhoffener delivered yesterday a lecture, with pic lllus trationt, on the Daguerrotyp e and on the Photogra• 'Process, in the theatre of this magnificent institution. e explained that the discovery of M. Dnguerre con ofsisted of the means of fixing permanently upon a plate silver, the image formed in the camera obscure. The sliver having been chemically cleaned and accurately Wished, !is placed over a vessel containing h ..._ Y sNur of which is diffused over its surface. The greatest iodine, the ;7 .7 and tact is necessary to secure the equal diffusion the /War over the whole surface, and in a 4 "aii . 0 t • zae quantity, as the least deficiency or ex- COSS W0111(1 frustrate the experiment. Thus pre placed plate is placed in the focus 7,7si'lihete it receives the light reflected from the ob of the 4.:!_ktfivhichihe image is required. But upon e " l 77 l ti the Plate no effect of the light upon it is per with- b e rS :, 40Yerer,,on being exposed in a close chain 7 1 6 ~iy 4.onitrY,faised to a state of vapour in a heat h ?f , ,Itreesahrenheit, the picture is formed. T a t fi t r according to the lecturer, is expensive . d e titilee ti" . b e t "dx• Beard, who is connected with the In portu ,-aas greatl, dshed the experst . ed the wholep ro ces s ra id and effects v i n 'e e , s t s h ' a a t n “ d rait ia • o P• This 4 Produced in less than half a minute. e llt664er r ai. otye -I,rin i-z ed e " Ph otographic z " and (unlike icrhf) the if Delian ,, e ~ Iveicu requires a clear sun- le fie, Pee oinia successfully by the aid sun-light), _tfuhe proun,...,°! o_AYhydrogen light. The principal i twiz-„7.ftr, 'vr,eT understood to be, that, after exposure of jodio.7e3 the plate is also exposed to the chloride he f ligiir zY. which, it -avquires increased sensibility to the opetioL,,,,_r• Bachhoffener went through the whole of l eft tra,!and ) 111, We instances produced portraits . in w ei ."._,.. 41 ,thirty seconds. The lecture and illustrations 1fi;94141, ..Seiafactory. and were much applaudedo.,. the to„ .','!4erwerds- witnessed an exemplification t ns mer.. 4 ,4 ;,.. L of p owder .:_i•vu submarine explosions, 1 41 4 1, of “ti.T galvanic electricity, are conducted... Two both by means the `di„,; O9 Z, L VIR3., sunk in the great reservoir, into which --6- eu descends, were blown up in a second. " •. c ,. ._____________ t; A..NATo RIUM. . . meeti ng 4f h 0, whi cl i , t th e members of this Society, the object Midi]] classes 6 Provid e a public institution in which the anceise tim e night receive medical relief and attend doh .Tarr`" 01 sickness, took place yesterday at the Lon -11 Alt a it r. / .. l = ) ' 11. isho psgaie-stret. . taken Tho rn w minutes past two o'clock, the chair was ad fore visible byas ChaPmant sci., who said it was deemed t 'frith t h e the Co mmittee that some person connec there-e .._ Mercantile interest should preside, and he h ti 4ccppte of A r eed s ing ! e office withpleasure. A Report of t e .. se nlitlZ ss t l, ll 4 B°6 be read to them ety would now . not an) was . although he (the Chai.rm _ . en. I ,Pa nt when it was prepared, had met with his ---, concurrence progressl)r• 3tita•Lr then read tho Report, which detailed the ,oft oe Society since it had been set on oot abou . t sier,a3itacrostn'inye. A.bout a year and a half ago, a Prove. sited to r mittee had been appointed, 'who were autho tiet, had ceetre su bscription s , and the plan of the institti- Tl 3 • been very fay ir hi received by the public. c I t . funds , ° 1 a Y s um they at -rat a nti . not having amounted to the th e in34,flp.ated, they had not thought it prudent to open the pre‘"attnri during the last winter. In the springont list osejltYear, a large addition to their subs?ripti d ba n k io " uLeen Made by many eminent mercantile a ot a nnual in in the City ; but while the number n ' , rh o 4 ,, al and life subscriber s was only 216, the . persons 144137c1:0 indirectly interested in the wasinstitutrn A zad in to 1,200 or 1,300. The sum originally to P° l l n'as 3,0001., and it was intended with iat pro r i di entire s accommodation for fifty patients, but the eoett,, sit subscribed did not amount to 1,5001., and .i d,_ s two 'u ti l incidental expenses, the balance at present in land Comma th i 21 81 If the meeting approved of the plan of 4 .. {1 .-_• atoekl t x te e , i t was proposed that sum to take vs 250/ souse, which was then to be let, for one . year st h as ', and to provide accommodation for 12 patients._ o th e ir, calculated if the Members availed themselves f exteW3c3Modation provided for that number to its fillies! s tris „, that ample funds (including the accruing sub to sa,,rions) would be obtained during the first year kale ;?1 11 the establishment on the same or even a larger kr. 4:ii 4 second year. 4 44, °l4l l C HAPmAN moved the first resolution, ob itoilidga that the question before them was whether they s et this benevolent undertaking afoot e ven upon of.Crrate and reduced scale. He thought, with a n tivi ts ' t t :/1 in hand, they were decidedly justified . i g rog h'3,tho public the advantages of an institution " e rien..:: e ."ad no doubt would be productive of the most 5t:',,,,1 results. was to the efisel:isa.rasi seconded the resolution, '41% 4( 1 , " That the Report now . read . be which ieceived and lath°, o f , and that the Provisional . Cop t mittee be b r 'led to open the institution forthwith._ before the tesoliattNorr wished to make a few r'emaristheinstitu tir4l,l°ll was put. The original object of 411 ih , benevolence, . 44 pure and he regretted that the n 4 1 4 t had been made upon the public had not t a b te _. Therlnded to to the extent they originally anticipated. d liiti;Btiluate at first made was for a sum o , een l su b b u! terib:iiere than one-third of that sum had b 1 object in view. Ztt a , i • The Society had a tho t ,Y , tu afford accommodation and medical relief to he in Partie s who-were able to afford to pay for it, but ilte, i 'st say, that many of the friends with whom he isyl;i''llfesred had not deemed P that art of the plan ad- Thee latter point, however, had not been suffi ,ces the i scussed, and they had been prematurely forced 1 44, Present proceeding in consequence o an apt:l:e : Is ol , - ° l-1 'that the building, which they deemed an about to Cate one for the purposes of the Society, was ted Witll'Pld• There were several other details con . n h ec re_ Isitati" Practical working of the institution which T h Much further deliberation. tl4 'eCitaiii3lAX begged to remind the speaker that t44l.°llllnittee which had been appointed t was e Ite;e4 Provisional one, and he feared very . much . la_ l ios s t. l ' iri ci , . ceting was not t . competent to discuss the sa b r , 4 Jects suggested by him. ,41iiattn'allorr would only detain the meeting a few ~`ally 11, lie thought unless the details of the -plan were ,''sd ,: t '' before the public, the medical profession as a o te Y 'mild itot 'oin 't Under these circumstance a s e , h he a I t P '4 it hi hl j • • 1 ,1 .% • . w c , 1 g y inju_teious to take a house. S i'r h,i.' (1, tri his opinion, be premature ; and no proof 41 ti oq - ' wisdom or capability of-managing such aninsi -..s .t,!atisfactorily. He would move as an amendment (1 .111 44 t the Committee do resume the consideration 14 a :h o tiet ai,ls of the institution before they proceed to Th e n ns e• '),tg-0,,z-Ineltdrnettt having been seconded by Mr. Wur.- „ 4 S',..' I OcatnEa begged to know whether the Report ttreed to just been read, to them, had been unanimously the'3s „.0 by the Committee. • Itkl , h, Nit' Sulg observed, that the Report merely stated .4 .iti 4 I t c 'a o,f the Society, and called upon the present tu kilt t 6 direct the Committee as to the steps they tt i , tak e. °ratri‘e. take thought it would be very advisable to i_Nsiri'hie, their proceedings even if the state of their :a4, vr,t'Lcins did not render ' it necessary, upon a smaller . . t i. 4 ' a lir.'" Meeting must be • aware that the institution l ets tc'vel one, and therefore . it would have many preju t4test, c tere ota , os' 134 th before it -I,:ginai grounds, he should certainly support 4 0 %I renalution. I° 4 knd himself; id the wholequestion between D . r. A . r tion s i m I, w • I h the details of the institu ,7sefellta`diihcnouniscibiser\eid.le_itnetrhe first instance, or whether w•:,,te, after the • F left to the management of a Com ca,,',e Pre hsed ~or institution had been, opened. They resent moment, be 134‘fPeo,buildialg u'lideeheisl°lll the(a)sttatljrahly fitted for their a ppt sl a r. : ee ;t v : s pa a l t k p re sent w a a y s ai n labl e , and was . about to be sold. 1 II said the great objection of Dr.. Arnott_ ; I , i ' l t! si l l t() au l.)e that the institution had not high patro it, t , tand Pport ; but for his part he would prefer . see .o44ill a th u Pon its own merits. Why should it be lost 4 . 1.9 1141 1 Y 7 „,Pald not start upon the large scale they a. .1 * e9l-ein Dl td? He did not think that so h ss / te ll , Of, ssio .a _e e Ilk ~aut i, v o ' l _ _ 11 ,1 . 1 the medical . one would attack them, - 4?.4te p u ' re ; at their proceedings, which were founded Is an ' to 'and most benevolent motives. h Ivhet INsOl4 said the Question before the meeting I.) h er th e • • • -s. IA h ned,—(Hear, th, • T he _ institution snou.,.. e ope ilistilettin, to did not pledge the Cotnmittee or *Oiler, ti.. t° take the house ; but whether, in the t fi h r a s a t A n ! stitit should commence with a smaller f, n! that ccntemplated. He fully agreed sum than Dr. fullybe t the paat,‘„before the institution was brought ro be l 'le, those details to which he had referred tt) soecsidered and arranged. ieatlvlti.hdrawtrlhisui_ther discussion the ARNoTT consented if t t 'OO4 as ,imeralnient, on addition .t , o , f the words Sni ts ,• hs t a • I cY may deem it expedient." . It -4 4aq iltl un so amended was then put, and carried ti t ;7; 00_ 3 ;,' re,""44iliakit",E3l/13 then moved a resolution, authorising essiktgeraea*”.o draw up rules and regulations for the I. s 'a k ee „_"4 the institution, to be submitted to a tai - e x t s ono i t 7 of the subscribers. . res ot i l he firma was seconded by Dr. A NoTT who sf ' c ttloa i n hy believed that the publication n o ' f_ the e '4 4 41 thss r ,„'",".t she would obtain for them the wh 1 of Ile te4,slll:nturis they had originally anticipated. ha s .f lu talts to ` i° , ll was then agreed to, as was also a vote I I bsi efb , 410 Co mmittee and to the Chairman, who W J returned thanks, the meeting separated. pari 0 0 4 pdt".."............, Woo d' 5 ,Q 0404 eoltvanvlNG.—The Metropolitan qth.,,Y4tds of I h ave just completed about 4,000 . or 14 . sais otai , • PaYenient t, by direction 114111'444, 01,ers of Woods and Forests. This is one of ~4 4( 1 th thee t_, , good success of the specimen at White ki,:-sfidsoco 06,,mPany have since determined to repay 1 oso e ptre steot i. ,` t,h! Government by increased exertions.. doss:ls, and ;,_ l ei Upon the Company's metallic sand b e " e r th at , ba.'lo, grooves in the wood are . cut much, t oss, 4 "cttco th ' hitherto been practised. It is much to st l ., one eori .at measures are not immediately taken to j t to bsosotl2l_,tl2d line of wood paving from Regent frolt3:, il4t_pi- 5d so as to test the wood pavement l ace ea t a h, rt l •cl j g o i n t3 . l its being as now, covered with mud I n'ti s of t s i ng stones and macadamised parts. The st aat fit th,422 Metropolitan Company has already kab o that t ir2 an aeceuion of business, and we under- Pat e rn: Th e y vY ar e likely to have another contract in illent aro u nd i.ave also laid down a piece of wood cattinle tittle ..t. George's Church, in the Borough. _ cat tle - t'll board , fro George' s Belfast, with seventy head of cart' s u ,,,`,_ ran on shore at low water, near Mfiry siffe4,ostatlee",:%ovening, under somewhat suspicious a cattle4,:t4 of t ,,,, ,7 drifted with the tide to about half ves nif ere got o". ? rbour, and when the tide left hut , the o 4 b Iva, , ut ‘,IIL, thirty living and forty dead. The fol se , e ll rust ltl_aaged any way previous to her hav ing, w"le drank°re. rhe vessel presented a disgrace for th l!e a two . n the and rioting the following morn diaerztoner crew were lodged in the lock-up t tlr Kik, 1 err61 1 , A ,.3; conduct. br - -"'e.. 1t..-:" l!tpression exists as to the see of li,atlle, a -,rtes in qua of El , gin of ‘Thich the diocesan, U t . _ ,5 prceinar!'..l: Ber man ofthe Duke of Wellin , ton, is i,till ' , mes a at iiit'‘;diglepsotsikinian ;" iso that the Tories hare cot AY. WOOLWICH_ —SAT UR ROYAL ARTILLERY. The Master-General, Sir George Murray, G.C.B. and G-.C.H., since his. appointment as Colonel of the Royal Regiment of Artillery, has secured the affection and unqualified approbation of the officers of the corps by the impartial and considerate manner in which he has bestowed his patronage as a regard for meritorious ser vices. When it was made known to the friends of Sir John May that he intended to retire from active life after the long period of 46 years' service in the Royal Artillery, and not in the Royal Engineers, as was inad vertently stated, an officer possessing the greatest influ ence and excellent testimonials, and nearly related to one of the members of the present Government, waited upon Sir George Murray with all these recommenda tions to solicit the office of Inpector of the Royal Car riage Department in the Arsenal at Woolwich. The reply of the Master-General deserves the highest com mendation, as he observed to the applicant, " In the event of Sir John May retiring from the office of Inspec tor of the Royal Carriage Department, there is a worthy and meritorious officer, Colonel Lacy, now at Wool wich, and he shall have the appointment." In the course of a few days afterwards, when Sir John May tendered his resignation, it was with equal surprise and pleasure that Colonel Lacy received a notification that he had been selected to fill the office, which he never antici pated, as he had made no application. Sir John May was present at Quatre Bras and Waterloo, and his deco rations are a medal and three clasps. The following is a correct statement of the advantages now offered to those willing to enter the Royal Navy : ADMIRALTY-OFFICE, SHEERNESS, OCT. 1841. " Petty officers, able and ordinary seamen, and stout landsmen about 20 years of age, accifttomed to small craft and boats, fit for general service, or joining any particular ship now in commission, will obtain the fol lowing advantages :—Clothing and bedding, if required, supplied to every man immediately upon entry. " Advance.—Two months' wages according to the rating paid to every man prior to sailing. Wages for petty officers from 455. to 525. ; able seamen, 345. ; ordinary, 26s ; and landsmen, 235. per month of 28 days, continued in sickness or in health, on leave of absence, when wrecked or captured, with out any deduction. " Monthly allowance-money paid to the crew at home or abroad, from 4s. to 20s. per month having reference to wages. " Allotment of pay to families while serving.—A man may allot half his wages to a wife, father, mother, child, or children, brother or sister, grandfather, grandmether, and mother-in-law, which will be paid monthly in any town in the kingdom where there is an Excise-office, or at the Customs. " Provisions.—A liberal allowance of the best qua lity : all are victualled alike, from an admiral to a boy. The daily allowance consists of 1-1-Ib. of bread, or 11b. of biscuit, ilb. of beef, with vegetables (salt beef and pork, peas, flour, and fruit, if at sea), a pint of grog, co coa, tea, sugar, vinegar, and oatmeal. " Tobacco issued to the crew at is. per lb. " Surgical assistance always at hand, and in case of accident or sickness rendering a man unfit for service, a liberal pension granted him for life or otherwise. " Prize Money.—The seamen's proportion consider ably increased by recent regulations. " Greenwich Hospital a comfortable retirement in old age, or for hurts, wounds, &c. " Pensions granted for twenty-one years' service, from ls. to 2s. 6d. per day, with a gratuity from 71. to 151., and a medal awarded for Long service, and good conduct.' " Greenwich school always open to the sons and daughters of seamen of the Royal Navy. " Shipwrights, calkers, sailmakers, blacksmiths, and other artificers, will always be readily received, and find petty officers' vacancies open for them. " The following is a list of the ships at present fitting end in commission at Sheerness and Chatham : " Camperdown, 104, Captain Sir H. L. 'Baker, Bart., C. 8., Sheerness. " Formidable, 84, Captain SirE. T. Troubridge, Bar:., C. 8., Sheerness. "Poictiers, 72, Captain W. H. Shiriff, Chatham. " Isis, 44, Capt. Sir J.Marshall,C.B.,K.C.H.,Chathare. " Ocean, 80, Captain Sir J. Hill, Knt., Sheerness. " Thalia, 42, Captain C. Hope, Chatham. " Volage, 26, Captain SirW. Dickson, Bart., Chatham. " Aigle, 24, Captain Lord G. Paget, Chatham. " Dido, 18, Captain the Hon. H. Keppel, Sheerness. "Serpent, 16, Commander C. H. Seale, Chatham. " Snake, 16, Commander the Hon. W. B. Devereux, Sheerness. " Harlequin, 16, Commander the Hon. G. F. Hastings, Chatham. " Speedy, 4, Lieutenant G. Beaufoy, Chatham." ORDNANCE CORPS AND REGIMENTS IN CANADA. The following concise account of the 'distribution of the Ordnance corps and the regiments of her Britannic Majesty at present serving in Canada will be perused with interest, and prove valuable for reference during the continued unsettled state of our relations with the United Stutes of America. The information may be re lied upon as correct, having been made up and trans mitted from North America on the 27th of September:— ROYAL ARTILLERY. - At Montreal Head-quarters—Colonel Campbell, com manding in Canada, Captain Kendall, Brigade-Major ; Lieutenant Townsend, Acting Adjutant, and Acting Quartermaster for the Canadas. Brevet Lieutenant-Colonel F. 3facbcan, commanding Royal Artillery in the district ; Captain Harrison, Lieu tenant Wright, who has the charge of the Rocket Bri gade, and Lieutenant F. Campbell, Acting-Adjutant and Quartermaster ; Captain Hill, who is second Captain of the company, is at Isle aux Noix. Captain Furneaux's company, which has the 9. pounder field battery, consists of, at present, Captain Turner, and Lieutenants F. Wodehouse and Paynter. Belonging to the district is Chambly, where there is a 6-pounder battery, under Captain Cater, with Captain Tomkyns, Lieutenants Hewgill and Fitzgerald ; this battery con sists only of three guns, and all the gunners ride upon horses, the same as the Horse Artillery, and this ap pears to be a great improvement, as their manoeuvres are so much quicker, and they can keep pace with the Cavalry. At Quebec.—Lieutenant-Colonel Kirby commanding. Major Armstrong's company, with Lieutenants Payne and Romer. Major Armstrong is Fire Master, and has charge of the laboratory. Major Dowse's company has a field battery with Lieutenants Browne and Nixon. Lieut. Browne is acting - Adjutant and Quartermaster. Kingston.—Lieutenant-Colonel Maclachlan command ing. Captain Otway's company has the field battery, with Lieutenants Aylmer and Devereux. Second-Cap tain Shepperd is at Anthertsburgh, waiting the arrival of Lieutenant H. Saville, who is to be stationed there. Colonel Colquhoun's company is also stationed with Captain Glasgow, and Lieutenants Airey and Saville (on passage out). Lieutenant Airey is Acting Adjutant and Quartermaster. Toronto.—Captain Storey, with field battery and Lieutenant Marrott only. Lieutenant Fisher is on his passage out to join the company. London.—Captain Dupuis and Lieutenant Mountain, with a 6-pound battery. The Royal Engineers are stationed as follows : Montreal, Head-quarters.—Colonel Oldfield, K.H., commanding in Canada ; Major Foster. Brigade-Major ; Lieutenant Bainbridge, Acting Adjutant. Captain Ho worth commands the district till the arrival of Major Thompson, and then the former will proceed to England. Lieutenants Moody and Vavasour are also at Montreal ; Lieutenants Nelson and Roberts at St. John's, and Lieu tenant Henderson at Isle aux Noix. At Quebec.—Major Cole commanding, with Lieute nants Westmacotte, Symonds, and Burnaby. At Tamisquota.—Lieutenant White. At Kingston.—Colonel Warde, Lieutenant Freeing, Acting Adjutant, and Lieutenant Grattan. At Toronto.—Captain Biscoe. At Cariglione—Captain Stchelin. As Lieutenant-Colonel Oldfield is about to proceed to England, Lieutenant-Colonel Warde will go to Montreal. ORDNANCE MEDICAL DEPARTMENT. Montreal.--Thomas Whitelaw, surgeon ; Charles Young, Assistant-Surgeon. Chambly.—C. F. Staunton, M.D., Assistant-Surgeon. Quebec.—B. G. Calder, M.D., Assistant-Surgeon. Kingston.—J. Mackintosh, M.D., Assistant-Surgeon. Toronto.—R. C. Elliot, Assistant-Surgeon. London.—W. H. Mackintosh, Assistant-Surgeon. STATIONS OF REGIMENTS IN CANADA. Quebec.—The Guards and Royal Artillery. Montreal.-7th Hussars, Royal Artillery, 23d, 74th, and 85th Regiments. Chambly.—Dragoon Guards, Royal Artillery, and 56th Regiment. St. John's.-71st Regiment. Sorrell or William Ifenry.—Head-quarters of the 68th Regiment, three companies, and one company at Three Rivers, and two companies at Madawaska disputed ter ritory. La Prairie.-7th Hussars ; bead-quarters of 70th Re giment, remaining part at Isle aux Noix. Kingston.—Royal Artillery, 14th and 83d Regiments, Toronto. -43d Regiment. London.-Ist Royals. Niagara.-9 3 d Regiment. Drummondville. -89th Regiment. St. Helen's Island.—Canadian Rifles. CAUISBROOK, ISLE OF WIGIIT. (FROM OUR OWN CORRESPONDENT.) The Tories are at their old trade. Place and pension, in spite of all that can be said to the contrary, is all they crave for, and the office of Governor and Captain of the Isle of Wight, and Governor of Carisbrook Castle, though condemned by all parties, is no sooner vacant by the death of James Edward Earl of Malmesbury (whom, • God bless him, we Carisbrook folks never saw), than this sinecure is filled up. and William Lord lleytesbury is gazetteil Governor !—the sire of our illustrious repre sentative. Shame, shame ! Electors of Newport, is there any mistake in this ? Can you be again deceived into supporting Tory Members to correct abuses and useless expenses, such as absent Governors ! Lady sweepers ! ! and under sweepers ! ! ! who do nothing but pocket the public money ? Mr. Wigrarn, Q.C. and M.P., the newly-ap pointed Vice-Chancellor, is son of the late Sir Robert Wigram, Bart., formerly Member for Wexford, and nephew of Nicholas Earl of Ely, and a relative of the Wellesley family by the marriage of Anne Loftus with Sir Henry Colley, before the change of name to Wellesley. BRISTOL SUGAR MARKET, OCT.. 22.-- The sugar-markets continue very brisk, and prices still in favour of the sellers. • The high rates of good descriptions cause more attention to be paid to inferior qualities, which have been tak en more readily. In Bristol the stock , both in quality and qu an tit y , i s so inferior to the wants of the trade that therhave lat e ly supp li e d t h emse l ves extens i v ely from other ports. We regret to say this necessity seems to increase yearly. Sir Thomas Freernantle returned to town yes terday from his seat in Buckinghamshire, and trans ( acted business at the Treasury. THE SUN, LONDON, TUESDAY, OCTOBER 26, 1841. . . Volney Elliott, of Kirkland, was sworn. The Jury being now complete an; j 3 u p a l g ac e e G s for rid iteljrendirected k thee their Sheriff meals,to p i ro ) r y ittee Jury, lodgings,as it would be necessary to keep them together during the whole of the trial, and to provide them with accommoda tions as near the Court as possible. . The Sheriff promised that it should be done. The following is a list of the Jurors, with their resi• dences and occupations :•-- Edmund Allen, physician, Jetty. , :“.4 iei - , .s i Charles O'Curtis, farmer, Paris. ',-, Pl l s r ea a tiea ß rh y s i i n lle g l iu t g o rh n bt , e,r f a , rmer, merchant, Augusta. a • John Mott, merchant, Sangerfield. .Elijah Brush, merchant, Rome. Wm. farmer,Carpenter, farmer, 11 1 7 c e i s r t i m il o an re d i . and. Asher Allen, farmer, Augusta. Seymour Carri er , farmer,Steuben. • Eseck Allen, farmer, Floyd. Volney Elliott, farmer, Kirkland. The Attorney-General then proceeded to state the case to the Jury, and he spoke as follows : Gentlemen of the Jury -_I s t an d b e f o re you in obe dience to the law, and in the name of the people of the State of New York, to make out before you the charge of murder against Alexander M'Lcod, the prisoner at the bar. The grand inquest, upon the solemnity of their oaths, have denohnced against the prisoner at the bar the blackest in the catalogue of crimes; and it now de wolves upon me to place fore you the evidence of his guilt. Gentlemen, i t cannot be disguised that this trial has produced an extraordinary excitement in the public mind. We have witnessed it in the crowding masses of anxious citizens who have collected here to witness the transaction of this day. We have witnessed •it in these paroxysms of public agitation ; and it ,is• for that reason that I feel called . upon to put you on your guard—to warn you of . your dangers--for these are stumbling. blocks in the way of your oaths, upon which hundreds have fallen. Whatever may have been the extraneous cause which has produced this exhibition of unusual popular excitement, it is one with which neither you nor I have properly anything to do, unless • to shut our eyes and our ears, to close up every avenue to our minds against them. If possible, we should for get that we are not here alone with the prisoner and his witnesses. We should forget that there is any ear to hear, or eye to see, save that alone of the all-seeing God of Justice. My duty, Gentlemen of the Jury, like yours, is as plain and as easy to be discerned as it is difficult to be performed. To array and present to you, to examine and enforce and urge upon you, the testimony which bears against the life of a human being, is always a painful duty. But; gentlemen, it is a duty as peremptory and paramount as it is painful. Thank God, it is no part of my duty to attempt to blind, deceive, or mislead you. I am not required to insist upon any principle which I do not believe to be true. The task to which my oath binds me, ; is nothing more nor less than with one unshrinking mind to illicit the truth and place it clearly before you— a task, in this case, embarrassed with all that we see around us, with prejudices in many quarters, with many unfounded and false rumours, with interests and passions of men, which it has excited—a task which overwhelms me with the sense of the greatness of my responsibility, and drives me with unfeigned humility to th row myse lf upon your indulgence, an pray you not to let the cause of justice suffer on account of any deficiency on the part of her humble advocate. If you shall see that through any bias, fear, or innate weakness, I do not press it as may be necessary for the development of truth, I pray you to redouble your own vigilance, that the truth may not escape you, and that you may not be overwhelmed with error. It; on the other hand, you shall perceive an effort to sustain my cause against proof, or in conse quence of the array of eloquence and talent enlisted for the prisoner, I should seem to be captious or over zea lous, place it against me. But let it not turn your hearts against the truth of the case which I present to you. Gentlemen of the Jury, the indictment found by the Grand Jury, and which is now presented for your con sideration and investigation, charges the prisoner at the bar, Alexander APLe6d, with having murdered, on the 29th day of December, 1837, Amos Durfee. This charge is presented in various forms or Counts—they are seven teen in number. They are presented in these various forms, in order to meet the testimony as it shall be pre sented. The Learned Gentleman here read the first count of the indictment, and the several counts he com mented upon, so far as they presented any thing dif fering from each other, and as they were given in . the Herald of Saturday. The substance of the indictm e nt is, that Durfee was killed and murdered by the hand of the prisoner at the bar, or by some other person with whom the prisoner was connected—aiding or assisting. To sustain this indictment, it will be proved before you, that upon or about the 28th day of December, 1837, a steamboat called the Caroline, a boat of some 30 or 40 tons burden, left the harbour of Buffalo for Schlosser, about 18 miles below Buffalo and two miles above Niagara Falls. This boat was manned by citizens enrolled at the Custom-house in Buffalo, according to the laws of the United States. She had a license from the Collector of the port of Buffalo, to ply between Buffalo and Schlosser. At that time, Gentlemen of the Jury, a band of some two or three hundred Canadian insurgents had taken pos session of Navy Island. They possessed it and claimed to hold it, under the name of the provisional govern ment of Upper Canada. There had been in Canada great excitement, and this excitement extended all along our borders. Efforts were made by the Canadian insurgents to enlist our citizens in their cause. The fugitive from the terrible massacres of St. Charles and St. Eustache, whose houses were burned and property destroyed—find whose wives'and children had been forced into the driving snows of a Canadian winter, found no difficulty in telling the tale of their dreadful sufferings—in eliciting the sympathies of our fellow-citizens. And it was bat an easy and natural step, from sympathising with the sufferings of the refu gees, to sympathise also in their cause. And thus sti mulated and excited, some of the more reckless young men joined the insurgents upon Navy Island. For this act Great Britain has bitterly complained, and in our own country many of our most judicious citizens have looked upon it as a grievous fault. Gentlemen, it is no part of my case, nor is it my design, to vindicate the conduct of the patriots or insurgents ; but it is not irre levant to my case t o s t ate thus far, that those of our fel low-citizens who, without forming any military enter prise, or organising any body upon our own soil, single handed and alone, left our territory and united them selves with a foreign Power, have violated no law of our State, no law of the United States, n o law of nations. They have done no more than has been done again and again by the people of every nation.' Your own re• collections of history will furnish your minds with hundreds of examples. The Swiss nation have, for hundreds of years, fed all the armies of Europe ; and who ever thought of holding them responsible for it. They did no more than Admiral Cochrane did in taking part with South America. They did no more than Lord Byron did who gave his life to aid the Greeks in break ing the chains of Turkish bondage. TheY did no more than La Fayette—the good, the glorious La Fayette— who in his love for human liberty crossed the Atlantic, and gave his life and princely fortune in the struggle of the patriots in our own revolution. Gentlemen, lam not deviating from the case further than is necessary to re move the odium under which the case labours, by having heaped upon it that which has heen unjustly thrown upon those who joined the insurgents. I wish to set be fore you distinctly that in this case it will appear in proof that the Caroline was not connected with the insurgents on Navy Island, that she was not in their employment or in any way connected with their operations. It will ap pear from the testimony that the objects of the owners of the Caroline was of a totally different character. This collection upon Navy Island had excited great curiosity, throughout the country. At this period of the year the lakes and canals were closed with ice. Those whose usual occupaticn was to navigate those waters were re lieved from their labour, and this was a season of lei sure. Winter had set in —the farmer and his sons and labourers were relieved from the cultivation of the soil, and had leisure to enjoy the fruits of their labour. It was about the time of the Christmas holidays. Large numbers of people were assembling at Schlosser, the nearest landing-place and port to Navy Island. Is it remarkable, that one of our countrymen, especially one of our eastern brethren, should see an opportunity of - gain under these circumstances ? This was the fact, and Mr. Wells saw in the circumstance of the ex citement and curiosity which were drawing thousands to Schlosser, of whom not one in a tholisand:went to the island—ho saw an opportunity of making gains by his little boat, which, was hardly larger than a ferry boat, and which was lying idle at Buffalo. With this, and no other motive than that of profit, he started from Buffalo on the 28th Dt;e6iniaer; , M/,.t0 Schlosser. He stopped at all the intermediate Points, , or; landing places where boats had heretofore stoi - TeLli f , After reaching Schlosser about two o'clock. in the &Ix . he went from there to Navy Island ; he made two tripi in the course of the afternoon, carrying passengers acid such articles as were brought to him to he , gonve - e d ) and' such as were conveyed by other ferry boats. Among these articles it will appear there was a cannon. Much stress has been laid upon this circumstance ; and I there fore, pause one moment to comment upon it So far that you may perceive what force an set of this, kind should have. It was one of those articles ivhicikwh e p . nations are at war, neutrals are prohibited' to eon; vPy, under pain of forfei ture if .taken. , A lf , a n9tro undertake to carry arms and ' , timiiiiions of war, the vessel and articles so c onveyed are , liabl e - t o forfeiture. But if a vessel c arr y ,s u c h articles to the des, tined point and land them, she cannot afterwards be held. liable. The moment the articles-are ilanded she is no longer liable to be seized or molested. • This, law applieS' upon the high seas, the common highway of all nations. In this portion of the territory it would . apply only in cases of seizure within the waters of Great. Britain, and it would not extend to them the right of comin g within our' own waters. It will , be observed that at t he same time that this vessel was passing between Navy Island and the American shore; a ferry-boat was passing- froni Black Rock to Waterloo on the Canadian shore daily , and hourly, carrying to Canada arms and munitions of war, and the Canadian army was fed at the same time from th e Ame rican shore. And Igo f urt h er and say—but Id o not i n this case say it with pride—it will be f oun d t h at Ameri can citizens were in the ranks o f the army embodied upon the Canadian side. But .when it i s b rought up against these people as a charger-that their i nterference was unjust and iniquitous, the charge seems to 'be un founded in fact. It seems as -a,toarse consiste n t w h en , citizens of a neutral power enlisted in the ranks tif - -flieir enemies; our Citizens shou ld bet equally read a•to enlist in your•ranks; --- Our relatiena are-such, that Ny e c aw inter fere neither oh One side nor tlr. .o:tlier. A fteishaviog per formed these trips, t his steare4hoat was Moored it Fort Schlosser. Be not deceived. There i s no fort there. The old fort iscovered with lu xuri ant corn -fields. Th ere is'also n o b u ilding, except a warehouse at the wh ar f, an d .7a, tavern about fifty rods from it, and scar ee l ) -, a house, except at the Falls, for a distance of two miles. At this tavern the hundreds who were flocking there, and were crowding and thronging this place in the evening, could not obtain lodgings, and came to the boq. : -The captain gave them liberty to l o dge - u p on the liOae, so filr as her accommodations extended. It will appear that some eighteen or twenty went to the boat, and took up lodgings. It will also appear that this boat was manned ; that she had no equipments of her own, nor had she on board any arms, nor were the men on board armed. Nor were those -who came on board to lodge that night armed. At ten o'clock, as will appear, the watch was set, and the inmates retired to their repose, unsuspicious of danger, as they were unconscious of wrong. But about twelve o'clock—the testimony may vary from half-past eleven until one o'clock—the captain was aroused by the watch who informed him that boats full of men were approaching, and that men were coming on board. Presently the noise of tramping and shouting was heard, and the men, aroused in this manner from their slumbers, hastily arose, and seizing whatever of their clothing was at hand they rushed for the compa nion-way, or gang-ways, to every avenue through which they might escape. Some were fortunate enough to es cape with their lives, others were met by armed men, and thrust at with swords and pikes, and severely wounded ; yet they were enabled to escape with their lives. It is but too probable that there were still others who, alarmed at the sudden onset, by the cries and shouts, the clashing of arms and firing of pistols, and cries of " no quarter," and apprehensive of being put to death, concealed themselves beneath and around the boiler and other places, and came forth after these ruffians had left the boat, only to meet the rushing flames, and to hear the roar of the Niagara. But ; Gen tlemen of the Jury, those who had escaped from the boat found that they had not thereby escaped from danger. Some who had escaped front the attack upon the deck of the vessel were pursued into the warehouse ; and the warehouse was searched with lights to ascertain, in the language of themselves, if some of the d—d Yankees were not concealed there. Amos Durfee, whole sad fate is the immediate cause of your being empannelled here, was found upon the wharf, some four rods distant from the boat, a ball having been shot through his head, enter- I ing the back part, and coming out in front. It had been so near that the cap upon his head was singed with fire from the gun. He had doubtless been shot on th e s p o t, an d died instantly with the wound. It will appear also that the assailants who had committed this bloody deed were Some of a band of armed men, between forty and sixty, who had come from the Canadian shore. It will appear before you that it was a secret and voluntary expedition, armed for the purpose of the destruction of the Caro line. At that time, Gentlemen of the Jury, there was on the Canada shore an army of some twenty-five hun dred men, nho had been collected there on the occasion of the seizure of Navy Island by the insurgents. They were there avowedly for the purpose of repelling any at- ' tempt at invasion which might be made by the insur gents. From these circumstances, it has been alleged that the transaction was one more of a military character than civil ; that it was a transaction of armed men, act ing- in an organised manner and to be governed by laws and rules which do not prevail in Courts of Justice. Gentlemen, it is but right that your minds should be perfectly disembarrassed ; I. therefore present the case to you broardly, that when the testimony is brought be fore you, you may see its bearing and application. I will submit the decision of the Supreme Court, given upon the facts in evidence, after able and eloquent argu ments on the part of the counsel for the prisoner —given after great deliberation—an opinion which is unanswered and unanswerable. In that opinion, all those questions which might embarrass you, under the ingenuity of Counsel, have been entirely dsposed of, an the real points which you arc to pass upon are distinctly pointed out to you. The Learned Gentleman read the opinion of Judge Cowen, recently made on the case brought before the Supreme Court of the State, by the prisoner some few months ago. With that able opinion the public are fami liar. Before the Learned Gentleman got through the whole— Judge Gridley reminded him that the hour of one o'clock had arrived, which time the Court had fixed to adjourn for dinner. - Officers were then sworn to attend tie jurors, and other officers to take charge of the prisoner, and the Judge charged the Jury (for whom accommodation was provided at the Temperance House), not to converse on the - subject of this trial, nor to allow other persons to approach and speak to them until they shall have re deemed 'their verdict. He also charged them to ab stain from spirituous liquors, except as a medicine, as they might thereby vitiate their verdict_ In a civil suit, a case had occurred in which the verdict was set aside for that reason. He then directed that the printed' arrangement for leaving the Court should be reversed, and accordingly the jurors left first, in charge of officers, then the prisoner aecompanied by the Sheriff, and Mr. Clark Robinson, the Marshal of the district ; next the bar and the reporters, followed by the Court and the audience. The prisoner proceeded through the public street, with his attendants, to Bagg's hotel, where dinner was provided for him, without exciting any curiosity, except of some eight or ten small boys. There were very few strangers present, and the, citizens of Utica apparently feel no interest in the case. At tivo o'clock the Court was again opened, and the same quiet and order prevailed, the Court being but partially filled. The names of the Jurors were called over, and The Attorney-General resumed and concluded the reading of Judge Cowen's opinion and decision. The Learned Gentleman resumed.—ln the first place, the Supreme Court of the State of New York had decided that this was not an act of war, that it was not to be governed by the laws of war, but of peace; -not by the laws of Canada nor the United States ; but by our own municipal laws. There is, therefore, no considera tion in the case, which would not be brought before you in any case, where an attack has been made and one of our citizens murdered. The law is precisely the same here as in our own municipal laws under which we all live, and act, and seek protection. There is no justification, nr exuase, or palliation. Another point is to excuse the act on account of its being done in a pressing and dan gerous assault.; I will add one suggestion ; it is this, that the offence which has been committed is an offence against our laws alone, and no other laws. Blood has been shed upon our soil, and we, the people of the State of New York, are held responsible, and no other people. If the prisoner is not punished here, he will be punished nowhere. Not in Canada. Not under the laws of the United States. He has violated no law of the United States. It is here, and here alone, that the avenger of blood calls upon you to answer as to the guilt or inno cence of the prisoner. I will make another suggestion. Throughout the Court proceeded to take facts which he states to be true. They presume that Durfee was one of the insurgents in arms against Canada upon Navy Hand. They have placed him in the same position as if he were one of the insurgents, or as they would have placed Van Rens selaer hiniself,had he been killed instead of Durfee. This you will perceive is a fallacy, and that the unhappy man who met his death there was as innocent as you are. He was there on his lawful business as you might have been, and had any other citizen been killed in that situation the facts would have been the same as in the case of the unfortunate Durfee. The only question which you have to decide is the simple fact, " Is the prisoner one of those who assailed the Caroline, and killed Durfee ?'"fo that single fact are you limited. The questions of law have been disposed of by the Supreme Court, by which decision you and this Court and all are bound. You must bear constantly in mind that the testimony which 1 bears to any other point except whether he was there or not is to be thrown from. your mind, as calculated to per plex and embarrass. The question then is, was the pri soner in that expedition ? Upon this point we shall examine numerous witnesses ; some of them will show that upon various occasions and in pre sence of those who were in it, the prisoner declared he was there. We will show that previous to this expedition, the prisoner was one of the most busy and active in getting up this expedition—that a few days pre vious he went to Buffalo for the purpose of seeing the boat, and if it were coining to Schlosser. He went round the island in various ways, and appeared to take a very active interest in the affair, and we shall show you that he was engaged in enlisting persons for the expedition. It will also appear before you that on several occasions he exhibited a pistol and a sword with blood upon them, and repeatedly pointed to the blood and said it was the blood of a d—d Yankee. Several witnesses will prove before you that they saw him enter the boat to go on that expedition—again, others saw him leave the boat on its return. Such, Gentlemen, is the nature of the evi dence which will be adduced on the part of the prosecu tion, to show what part the prisoner had in this expedi tion—the destruction of the Caroline,- in which Durfee met his death. Little now remains for me but to lay down some principles of law, that you may judge of the weight and application of evidence Which shall be given in before you. Having stripped the case 'of all extraneous law, and all foreign law, we are to try the case according to.. our law as it is administered in England, of the government of which the prisoner was a subject. The first thing is, that every murder is presumed to be maliciouS. It is for the accused to show that this was cause of excuse. When one man meets his death by the hand of another, it is presumed to be a murderous act, unless the other can show that it was done by authority of law, as in the case of a sheriff, or in necessary self defence, as when assailed by a robber, or some excuse or justification of this kind, to excuse the person whose hands are marked with the blood of the person whom he has slain. The second proposition, that malice is neces sary to constitute murder, confined to an intention 6o take the lire' of an individual, the malice prepense essential to constitute murder, consists in a foul design, under the dictates of a- . depraved, wicked, and malicious heart. It . 'is not' hecessary for you to say that' the. hands of the prisoner were the hands that slew Durfee. The- third proposition is : If an action be un lawful, and its deliberative intention is mischief, in discriminately, and death ensues, beside the original intent: it' will be murder, no matter . whether they in ! tended - to' kill when they left Canada, if they were bent on act of vihlany, and they must take the consequences. The feurth proposition—in order to convict the prisoner of murder, it is not necessary to prove that the fatal wound was given by his own hand ; if he was aiding and abetting, he is a principal in the felony. If several. persons set out together, or in small parties, as several boats starting from Canada upon one common design, be it for the purpose of murder, or for other felony, for the purpose of murdering Durfee or destroyingthtoe Caroline, or any other object, some being employed watch, some to prevent the escape of thoSe who are more ittimediately engaged—they are all, in the eye of the law, ;present at the act committed. These ar e th e pr i nci, :ples : admitted ; they are the known rules of law, and it is only for you to apply to thes e p r i nc i ples the :evidence which shall be adduced ; and if the 'evidence brings the prisoner within the province 'of the law, there is no alternative b ut to pro nounce the verdict which your oath s will require.- Befom you will ,be called upon to find a ve r di ct o f gu i lty, the following facts must be established:—First, that Dur fee was killed ; secondly, that: he was killed in the county of Niagara ; thirdly, that h e was killed by a pis tol or musket shot, or a wound of a, similar character; 0, of - course, that he was killed by the prisoner or oth ers . I connected with him, with whom he was acting, counsel ing, aiding, and abetting. If this act was done by him, or by the company, your verdict of guilty must follow. Gentlemen, I have endeavoured to place before you, in the most simple manner, the leadin?; features of this case, so far as they may be useful to you, and no further, in un derstanding and applying the evidence as presented to you. The interests that are committed to you are of inexpressible importance to the prisoner, whose life is in your hands ; to the people—for they have committed to you the vindication of the laws upon which all our lives depend. If the prisoner be proved guilty, and you find him innocent, you sap the foundations of government, by destroying the cenfidence of th e p eop l e i n t h e adminis tration of justice. Why is it that our ears are so often shocked with accounts of deeds of villainy and blood shed ? The assembling together of men without law or the form of a trial, and assuming to themselves the right to take the lives of offenders ? It is because Courts and Juries have failed to execute the laws. The people have lost confidence in the regular administration of jus tice. Gentlemen, this trial must necessarily be long, tedious, and painful. Let me urge upon you to arm your selves with patience, as you would consult . your own fu ture peace. This trial will be an epoch in your lives. You will. think of it at your firesides, upon your farms, by the wayside, in the long sleepless watches of the night, in the last dread hour of review, when your past lives rise up before you—as the dark and forgotten things are sud denly illuminated by light from eternity, this will stand out as one of your most important acts and greatest responsibilities. But if through fear, favour, or par tiality, or from any other weakness—if through an over looking of the law and testimony, which you are bound to observe by your solemn oaths—if by any assumption of that power to decide upon the expediency of a trial and conviction—a power which belongs to the executive alone and not the judiciary, if through vain and pre sumptuous attempts to overlook the cause and weigh the consequences—if from any or all of these causes you fail to vindicate the confidence which the law has re posed in you, you will then, at the last hour, bitterly but vainly regret it. Gentlemen, I have but one word to say ; it is, that throughout this trial, in every stage of it, you are to keep fixed before you, as if written in letters of fire, BE JUST, AND FEAR NOT. The first witness called was William Wells, who was examined by Mr. Woods. He said—l reside in Buffalo. I was born there. lam now thirty-five years old. In Decembei• of 1837, I was the owner of the steam-boat Caroline. When I bought her, she lay in the slip or ship canal at Buffalo. I fitted her up immediately, and on the 29th of December I ran her down to Schlosser. I lay up that night at "Schlosser about six o'clock, and made her fast by a chain cable. There is a frame dock there, made of timber. After supper I set a watch, and did what is usual on steamboats. I gave each man his duty, and retired to rest. Sylvanus Steering was on deck. About twelve o'clock I was awoke by the bands of the vessel, who complained that their berths were oc cupied. The hands had been to Niagara Falls, and when they returned, they wished to have their berths. I told the strangers who occupied them, that the condition on which they were permitted to occupy them was, that they would be given up when the hands returned. Those persons were strangers to me, and had come on board for lodgings for the night. Afterwards some one put his head into the cabin and said a boat was coming, with men in it. I do not know who informed me, nor whether it was to inform me alone. Captain Appleby and myself directed him not to let any one come on board, but to see who they were. He stepped from the companion way, and then said there were four or five boats full of armed men coming, and be called to me to come on deck. I got out of my berth and was dressing, and I heard a terrible uproar, and men on board; I heard the report of one or more pistols or guns, and the noise of feet on deck. There was much hallooing and noise ; I stood by the side of my berth until I was dressed; I made up my mind that they wanted the boat, and that that was all the harm they would do; I knew they had possession of the deck, and I secured my papers and little effects in the berth, and started for the companion way. Before I could get on deck I heard orders given to give no quarter, but to kill the d—d Yankees, or words to that effect. I asked Captain Appleby what we should do ? He said he did not know ; we must do as well as we could. I did not get on deck. Captain Ap pleby got level with the deck, and got one foot out ; some one standing on the cylinder, holding on to the piston rod, hauled him in and told him they would kill him if he went out, that crowded me down stairs again. There then appeared to be two parties on deck, one coming from the bow and the other from the stern, and they commenced fighting ; instead of going into the cabin I passed to the forward end of the boat, to make my escape by the forward hatch. I expected to effect my escape by a ladder which the firemen used to go up and down. I stood with my hand on the boiler. The hatch was immediately over a portion of the boiler. A man sprang down into the fire-room, he turned round, got hold of the poker, and commenced working at the fire. I imagined that they were going to get up the steam and take the boat off. I stood there until I saw him busily engaged, so that I dared not make a noise. I think he did not see me at all. I went back to the cabin, with the intention of running out. I got on the stairs, and when I got to the top to thrust my head out to see if the coast was clear, my head brushed the calf of a man's leg. I sprang down again on the cabin floor. The cabin door was open at that time. A man came against me—it was one of my own men. I then got to my old position, and while I was standing there the man at the furnace raised himself up in front, and I supposed he was coming to take me. He stepped right in front of me, and to the left hand, and seized somebody by the boilers, four or five feet from me, and hauled him out. It was in the shallow part of the boat, where a man could not stand upright. Ile used rough language to the man, and asked it he belonged to the boat. The man was Amos Durfee, he said he belonged to the boat. The man told Durfee to follow hiw, or he would blow hi s b ra i ns out . He said follow me, y ou damned son of a bitch, or I will blow your brains out. He kept jerking Durfee, who made no resistance. I went out on deck, and I saw Durfee spring on Deck. I saw them clinched, Durfee apparently try ing to get on shore. I made several attempts to escape from the boat, but I saw men in boats, with swords, pistols, and boarding-pikes. They were a tt ac h e d to my boat, and were swinging round in — .the stream. My boat was 46 tons, and was about 75 feet long. I heard command given to cast her off: The words were " cast her off—where's the rockets?" I intended to sur. render, and went on deck; 'from whence I ultimately got ashore, having passed my men, who appeared to be on guard. I got on the track of the railroad, and saw a mun lying there. The railroad runs from Niagara to Schlosser wharf, to carry passengers. There is a ware house which stands flush with the dock, and covers about half of it. The railroad was on the dock. It is a single track from the main line, which runs from Niagara to Buffalo. The tavern there is Field's Ta vern. I saw King, my brother-in-law, before I got the re . I saw he was hurt. H e sa id, " they have cut me almost to pieces." The next morning I saw Durfee lying dead on the railroad track, with his arms crossed on his breast, and his brains blown out. His cap was scorched. When I got to the tavern, I was told there was a man dead, but I did not see him until morning. He appeared to have been killed by a ball. There was quite a puddle of blood there. I afterwards saw a cap which I think I had seen him wear ; it was singed. When I saw him he lay with his head from the boat. It must have been between twelve and one o'clock when the assault was made on my boat. I was told by Captain Appleby there were thirty-three lodging there that night. I cannot state how many hands. We counted ten when we made up the hands. There were twenty-three there that came to lodge. I understood they had stood there till they could not get up by the cars, and they reques t e d ac commodation. I told them as many might take accommodation as could find it, and the rest might stand up. I cannot tell how Durfee got there ; he was not one of my hands ; I do not know but he stood watch. He was one of the strangers ; he took supper with us, and staid on the boat.- Schlosser is about two miles above Niagara Falls. It is town and county of Niagara. There was search and inquiry made for the men that were on board after -the boat was attacked. I found six or eight short ; thore were more counted among the missing at the time, but we heard that two were taken prisoners to the other side. Seven have never been heard of On King, when we got to' he hduse, I found a severe wound on the shoulder, and another on the arm ; his clothes were f u ll of blood' down to th e heels. I clo not recollect he had other wounds that amounted to anything. The gash on the shoulder must have been three ornearly fourinches. The other was as long, if not longer. It was so bad I could not look at it. There were others wounded. John Leonard received a blow on the forehead. There was a large- lump there. Stearing had a blow on the forehead. Harding had a severe cut through the front piece of lea ther of his cap, down to his skull. My_ object in running my boat was to make money out of it by carrying passengers snd freight, as she had always done, between Buffalo and Canada. I made three trips on the 28th of December; first, from Buffalo to Blaekrock Dam, Tonawanta, touching at Navy Island, and from there to Sc h losser.m I hat d ade two other trip s b etween Navy Island and Schlosser tay. I carried passengers and what p assen gers nd.ca bo t t a h in w A ay p s p , le b b u y t .t f l ro c m arri t e h d e isla freight t w n as a o f ff r e e r i ed h acted for me that day, but the papers were l3 in my nam e . I do not know that. my boat had any more connection with the Navy Islanders than with the people of any other place. I did not belong to them, nor had they any own ership in the bo a t. W hen I came off the boat, I saw a man lying on the deck. I do not know that it was Durfee. He lay some ten or twelve feet from where Durfee lay. It was not 'King, for he stood holding on by the warehouse. I should think I heard forty or fifty . shots, an d a l so the clattering of swords. lam not aware that any plea on my boat had swords. I should think part of the men boarded my boat for ward,'and the other at the aft gangway. I think we bad a light hanging in the cabin andanother sitting. It was usual to nave one in the companion way. That there was a light I know_, but I c anno t sa y there was a lamp. It was light enough to see to go up. After the to was com panion men boarded we put out the lights to avoid their getting the cabin.' Unless a man acquainted with the panion wa y h e would not get in readily. It was made different from others. Cross-examined by Mr. Spencer — I do not recollec t that there was a light there w hen I t st t • uck my head against the m an ' s l e g. When I stayed from Buffalo , I had lost t wo h an d s th a t I had a a right to call upon ; King, my brother-in-law, and black man who acted acted' as Captain, as I as engineer. Captain Appleby. usiness: I had followed was unacquainted with the the lake in a schooner. I only h ea rd of one dead man heard the names of others inquired for. there. I have I did not see other marks of blood besides that where. Durfee about. . I be d some that were . ther from what I saw Durfee lay, an scorched, et lieve Durfee's cap was_osift know that I mention e d th at or what I heard. I d d before. The navigation usually when I was examine December. The boat - the middle of.had closes in She was seized for smuggling l a in idle all summer. AMERICAN NEWS TRIAL OF M‘LEOD. LIVERPOOL, SUNDAY EVENING. By the George Washington, Captain Burrows, which has made a rapid passage of 161 days from New York, we have received papers from that city to the Bth instant. The ship arrived in.:ex cellent trim, and has brought upwards of twenty passengers. The trial of M‘Leod had commenced at Utica on the 4th inst., as was expected. The Court was very crowded, but proper precautions for the safety and security of the prisoner were directed by the Judge. The panel of jurors was called over,and each was questioned, with o view to obtain men who had not prejudged the question of the guilt or innocence of the prisoner—who had no scruples of conscience which would prevent their giving a just verdict on the grounds of the national in terest IKAng at stake, or of taking the life of one ',found guilty of the crimes the prisoner was charged with. These points settled, the At torney-General for the prosecution began his statement of the case ; the examination of wit s nesses was then proceeded with. Tile counsel for the prisoner cross-questioned each witness. Some of the evidence was of the most positive kind, to implicate 11PLeod in a participation in the attack on the Caroline. The witnesses swore to his identity, and to his having, in concert with others, commanded and executed the attack. There had been a dreadful collision on the Western Railway, between two trains travelling in opposite directions coming in contact at full speed. The concussion was dreadful, and some lives and many limbs were sacrificed. The news from Europe, by the Acadia, arrived at New York on the 6th, hut had not produced much change in commercial affairs. The Cotton Market was steady. The husinesz in dry goods was of moderate amount, somewhat retarded by the variance of the domestic exchanges ; the Flour Market declining, the Acadia having taken out news of the lowest point on our graduated scale on Wheat having been attained. The rate of Exchange continued high, but there were not many bills drawn ; 1091 was the closing price for the packet. The news from Canada is unimportant. (From the New Yorh Herald of Oct. G.) UTICA, MONDAY, OCT. 4, 1841. A few minutes past nine o'clock this morning, Judge Gridley entered the Court, attended by the usual Com mon Pleas Judges, (who, however, take no part in this trial), and the counsel engaged in the case, followed by the bar generally. The Jurors were next admitted, and when they were seated, the witnesses were accommo dated with seats. The spectators were afterwards ad mitted in a very orderly manner, which reflects credit:on those who conceived and carried out the arrangements and regulations of the Court. There was no rushing for the seats, but every one entered as though the Court were a parish church. No more were admitted than could be comfortably seated ; and, indeed, no more appeared desi rous to be present. Persons at a, distance, who are wrought up to a feverish excitement on this subject, will be astonished at the apathy felt here ; but so it is. At fifteen minutes to ten o'clock the Crier opened the Court with the usual formality, and Mr. Wood, District Attorney for the county of Nia gara, applied to the Court for an attachment against Theodore Stone, of Lockport, Sheriff of the county of Niagara, for disobedience to a subpoena served upon him on the 27th ult , to appear at this Court at Oyer and Terminer as a witness for the prosecution. The Court—Take the order. A few minutes before ten o'clock the prisoner was brought into Court, and he walked deliberately to a seat within the bar near his counsel. He was dressed neatly in a suit of black, and was wrapped, as he entered, in the ample folds of a blue cloak. His counsel shook him cordially by the hand, and he gracefully returned the salutations of others. He is a man of gentlemanly bear ing and demeanor, and he appeared respectful, but not embarrassed. Judge Gridley—Mr. Hall, are you ready in this case? Mr. Hall, Attorney-General (with - whom was associ ated, for the prosecution, Mr. Jenkins, district-attorney for Oneida county; Mr. Wood, district -attorney for the county of Niagara; and Mr. Seth C. Hawley, of 'Buf falo)—lf the Court please, I move on the cause, the people against Alexander M'Leod. Judge Gridley—Are you ready, Mr. Spencer? Mr. Spencer (with whom were Mr. Bradley and Mr. Gardner)—We are ready. Judge Gridley—Then we will proceed with the case, and as the Clerk calls the names of the jurors, they will advance to be sworn. Mr. Root, the Clerk of the Court, called the prisoner, who rose, and was informed by the Clerk of his right to challenge. Charles 0. Curtis, of Paris, was the first juror called. Mr. Spencer (to the Attorney-General)—Do you pur pose to put any question generally to the Jurors? Mr. Hall—Yes. (To the Juror)—Mr. Curtis, have you formed or expressed any opinion as to the guilt or innocence of the prisoner? • Mr. Curtis—l have not. Mr. Hall—Have you any conscientious scruple's on the subject of giving a verdict involving life? Mr. Curtis—No, Sir. Judge Gridley—Let him be sworn. Mr. Hall—l will ask, if the Court please, one further question. (To the Juror)—llo you entertain an opinion founded on motives of public policy, or otherwise, that the prisoner ought to be exonerated from punishment whether he participated in the burning of the Caroline and the murder of Durfee or not? Mr. Spencer—That is a new question. Mr. Curtis—l feel desirous that justice should be done. I have formed no opinion. Judge Gridley-2-n strikes me, where a juror is in terrogated in this formal way, if lie answers that he has formed no opinion, and that he has no conscientious scruples on the subject of giving a verdict which may involve the life and death of the prisoner, the whole ground is covered. - The Juror was then sworn. Edmund Allen, of Augusta, answered properly, and was sworn. John Mott, another Juror, said he felt as if it was his duty to be governed by the evidence. Joseph Cauldwell, of Whitesborough, had conscienti ous scruples on the subject of capital punishments. Mr. Hall—You may stand aside. Judge Gridley—What are those scruples? Juror—l never felt willing to bring a man in guilty where the law pronounces the punishment of death. Judge Gridley—l think it is better you should stand aside ; but it is no portion of a Juror's b usiness to look to consequences. Mr. Jenkins—The statute makes it cause of challenge, if your Honour please. The Juror was told to stand aside. Ashley Hills, farmer, of Kirkland, was next called. Mr. Spencer—Challenged. The Juror was put aside. Elijah Brush, of Rome, was next called, and the usual questions were put to him on the subject_ .. of con scientious scruples. Judge Gridley said the question was a proper one when it was understood. It was not meant that a Juror should be excused because he might feel pain on return ing such a verdict, but that it was matter of duty not to return a verdict involving life by the law of the land. Mr. Hall—How do you answer ? Would you find a verdict according to the evidence, on the guilt or in nocence of the - prisoner in a capital indictment ? Juror—Certainly. Mr. Hall—l swear the Juror. Royal Robbins of Marcy—He said ha had formed no opinion further than he hoped that justice would be done. Hethad not made up his mind as to what justice was. Mr. Spencer.—He may stand aside. Roswell T. Eastman, of Paris, was excused, being too unwell to sit as a juror. Ira Byington, of Camden, was sworn. Also William Carpenter, of Kirkland. John Swann, jun., of Weston, did not answer. _ _ Edward Scoville—l wish to be excused on the ground that I have doubted the policy of inflicting capital pu nishment. He was excused. Luther Shephard, of Verona, was challenged. Josiah Thurber, of Utica, answered the questions put Satisfactorily. Mr. Hall desired that he might stand aside until the panel was exhausted. He believed that it was common law right, although they had no peremptory challenge. Mr. Spencer—You have no such right. Mr. Hall argued that he had the right to put a juror aside, until the whole panel was exhausted, and then, if necessary, to call the same juror —he could only be put aside on cause shown. Judge Gridley—lt is a qualified peremptory challenge. Is there an objection 2 Mr. Spencer—l never heard of such a right before. It is much more than a qualified challenge, and they may thus ask that 36 jurors may stand aside, while the pri soner has the right to challenge but 20. Mr. Hall said a decision had been made in a similar case in the United States Supreme Court, in a case of the United States v. Wilson and Porter, which was tried before Judge Baldwin, of Pennsylvania. Other autho rities were quoted._ Mr. Spencer and Mr. Bradley r e pli e d , and The Court refused to accede to th e A ttorney- Gene ralH'sernergyneAstd, d a i n n d gt t o h n e , ju o r r orpwarasis,farmer, farm had r e ligious sworn. scruples, and was put aside. Peter Sleight, of Westmoreland, was sworn. Henry Hayter, of Kirkland, was challenged, David Tuttle, of Broomville, was challenged. Asher Allen, of Augusta, was sworn. Seymour Carrier, of Stephen, was sworn. Atnasa Barnes did not answer. Thomas Nunan, of Amsville, was challenged. Jonathan House did not answer. Joseph f Remser, was ch a ll enge d . Joseph Davis,pa Seymour, yis of Westeim, was challenged. Henry D. Babcock, of Marcy, was challenged. Esech Allen, of Floyd, was sworn. Stephen Northrup, of Marcy, was excused, being too unwell to encounter this trial. L ev y Yale, of Augusta, was challenged. MORNING SUN goodsbtoi llpioir ef i h n s aa t o sl ee t . h her, eTe l.T h, ne butir t e e d was a t s a h f a e das paid :f e d o r sr M. : T a h r n e . dr S i n c ag r n a d n t to o ioa n ot7r w At e ih r r e 7 Scranton should purchase half of her the next summer ; she had been frozen in about a week, and we cut her out on the 27th or 28th. Before I went down I did nut take a bond of indemnity, but there was such conversation I don't know whether it was between anybody that had , the right to give and take one. I did not know that one was written ; I do not know that I fully understood I was to have a bond of indemnity if I went down the river. I understood that a bond of indemnity was to be given, but I never had any intention to take it. I sup pose it was to indemnify the owners for damage attending the getting of her out at that late season ; I don't know of my own knowledge that a bond was drawn up and signed by se veral citizens of Buffalo. I understood it was partly signed. I think twenty were to sign. I understo o d fi ve hail signed. The most I learned about it was when the United States district attorney was there inquiring about. it. Ido not know that freight was put on board at Buf falo, which the collector required to be put on shore again. I recollect a small cask of heavy articles being put on board. That was not a very profitable load. There were not half a dozen persons went on board from Buffalo. - I next touched at Black Rock. I got some stores for the boat, and halyards to run the colours up. There was a man on board with a rifle, but I do not know when he came on board. I cannot tell what freight we took on board at Black Rock down. We took some men on board ; I was attending to the boat, and do not know how many ; I don't think there was a dozen, or any armed men on board. They might have had pistols. If they had arms, they did not have them in their hands ; they were not armed like fighting men. I put the men and freight on a scow at the island ; I did not notice particularly ; I was busy with the machinery ; I am • not an engineer, but I was seeing it work. I have made application to the Government of the United States for payment for this boat. The Government sent its proper officer to inquire what business the boat was engaged in. I do not understand that she will not be paid for if she was engaged in the Navy Island affair, but the contrary. I understand she will be paid for. I did not suppose the boat would be employed above a week, and perhaps not more than three or four days. I should have run her up that night, but an engineer told me there was something wrong. There were several engineers on board. When I bought the boat, I got them to go down and tell me what she was worth. Among the freight from Schlosser was a six-pounder cannon on two wheels. Ido not know where the cannon came from. All that were there helped to get it on board. I took a horse over also from Schlosser. I took some straw. I did not in quire what it was for. There was some lumber. There might have been five hundred or one thousand feet of boards. There were potatoes and other articles. There were some muskets. Ido not knot how many. There might have been ten or fifteen. There might have been one hundred. There were some articles of provisions. There were potatoes, turnips, and things of that kind. I expected that the boat would not be employed more than a week, as I expected they would be off the island in that time. I expected they would be off on this side, and not on the other. I was on the island on the 26th of December for three or four hours. I went from Schlosser in a sail boat; there were then about 250 men there. I saw ten or eleven pieces of cannon. I did not see any at Schlosser then. The cannon were on wheels, some pointed towards the British side and some this way. Ido not know that there had been firing there. Van Rensselaer was there in command. The people who paid my freight were strangers to me. I do not pretend to say I made a regular charge that day, there was so much bustle. I received eight or ten dollars; for passengers I intended to charge a quarter a trip; I do not think I received any thing for the freight of the cannon. I heard a good deal of firing there; I think there had heen some before I went down. After the destruction of the boat, I saw them throwing the shells from the Canada shore to Navy Island. Ido not know but I ran the boat in such a way as would benefit the Navy Island people. I saw Van Rensslaer, Mr. Chapin, and Mr. Flagg, on the Island. I had conversed with them before about coming down. They requested me to come down. Ido not re collect what was said about my compensation for it. I believe they said 1 could make money out of it—there was a Committee, called the "Committee of Thirteen," in Buffalo; it was an Executive Committee to aid the Navy Islanders. I have understood Dr. Johnson was one. Mr. Phelps acted as Commissary, I believe. Phelps was one that I conversed with about going down with the boat. I did not pay all the expenses of cutting the boat out of the ice. Ido not knew who had the manage ment. Every one broke a piece of ice, just as they liked. • I think she was about a fortnight undergoing repairs. I think they cost about $lOO. I think I furnished the money. Ido not recollect. I will not speak positively about it. Mr. Scranton told me he furnished the money, but I think he was mistaken ; when I commenced re pairing, I did not intend to use her in the Navy Island service ; I thought of running her up to Cattaraugus Creek, so as to be ready for the spring. I paid 800 dol lars for her at a private sale. The bill of sale is from John D. Macy ; I bought her on the Ist • and she was cut out on the 26th ; I talked about her with Barker, the collector, but the bill of sale was from J. D. Macy ; I understood there was one building on Navy I s l a nd ; it is a British Island ; there was a meeting at the theatre in Buffalo, which I attended. I know very little about it. The declared object of the meeting was to assist the Navy Islanders. Mr. M'Kenzie, who had come from Canada, addressed the meeting. People were invited to join them. A procession was formed, and marched with martial music. I cannot tell how a large body marched off. I understood the object of the Navy Islanders was to free Canada. They took possession of it as their own, and the talk was they intended to make a descent on Ca nada when they got strong enough. Re-examined by the Attorney-General--I am not connected with those insurgents either secretly or openly. I understood the running of the boat would favour those on the island and also Buffalo. Persons in Buffalo had friends on the island, and I was urged to run the boat. • I went on my own responsibility and in good faith. The boat was a new thing to me. I thought more of it than • any other piece of property of equal value I ever owned. I had much satisfaction in looking at her. The hole in the cap of Durfee was round and such as would be made by a ball. I have no more opportunity of knowing the " Committee of Thirteen" than from hearsay, though I presume I know every one of them. By Mr. Spencer—l did not take some cannon ball from Wilkinson's furnace. What was in the cask I do not know. I did not take boiler iron punches as a sub stitute for grape shot. The collector did not refuse to let me go out. He said I might do what I (lid without violating any law. He said I might run to Navy Island and carry arms and ammunition, but I must not arm my vessel, and that I ran risk while I was in British water. • ..... By the Attorney-General—l knew what would be wanted on Navy bland, and that was why I consulted the collector. The Court now adjourned, (being a quarter past six) and the jury, prisoner, court, reporters, and others, re tired, in the order in which they took a recess for dinner. SECOND DA .Y. . (From the New York Herald, Oct. 7) • Utica, Tuesday Morning, Oct. 5, 1841. At the adjournment of the Court last night M`Leod was conveyed by the Sheriff to Bagg's Hotel, where ac commodation was provided for him for the ni g ht. H e broughtwas into Court this morning at a quarter to g o'clock, at which time Judge Gridl e y t oo k hi s seat. There e•ere not a dozen spectators present at the open ing of the Court. DanielJ. Stewart was the first witness called this morn ing. He was examined by Mr. Hawley. I reside in Buf falo. I resided there in December, 1837. I was on board the Caroline at Schlosser. I left Buffalo in her about eight o'clock in the morning, touched at the island, and then proceeded to Schlosser, where I arrived about two o'clock. We made two trips to the island after- wards the same day. We tied up at the wharf about six o'clock. The boat lay with her bows up stream, moored to the wharf. I was called on watch at twelve o'clock. About half an hour after I and Captain Kennedy came on watch, we discovered boats nearing us. My first im pression was they were Indians, the woods making a considerable shade on the water, it was Lard to tell what they were filled with. I mean the wooden buildings. Some of these boats were opposite our bows, but off . in the stream a little when I saw them ; they were inside of the small island, which lies eight or ten rods from the dock. It may be more ; I merely guess ; perhaps twenty rods. I told Captain Kennedy ho 440.1 The boats them up from below —from a little cabin. they did that I saw, I think were floating down Call stream __ lied not use their oars, I think. Captain KennedylZ on them in the cabin. There was a men _ who he h a iled deck just before. His name was Nichols, scud The an them. He asked " Who comes there to spr i ng on cover was "friendS." They appeared t hey , w ere discovered their oars then, as if they f°l- 9 1 0 - ,i . as nut more t bo a a n t When Nichols hailed, the first boat the boat ; one ' ran three or four rods from the o . _ b ar the steain-boatiid when ran down towards the stern w who they were a t on deck. aft for the purpose of of see the first boat had g . 0 .. B the I got there the officer aft of the ga? glNa over the rail a little had L r o t Ins sword . drawn, He got him he if he was going to time I had got up to attitude as deck. I then and threw himself in an , ,_:,. men on . then ordered his men the act of getting on strike me. He men ti! , cabin, to '• d several armed. to the ladies gil e the discovered then went in stood near the ladies' cabin. board. I ~, officer T h- to know whether I went star alarm there. sailor enough was the river-side of the lam not Sa d s id e . It board or larboard had in the cabin they been alarmed, bboat. I foun d ___ u . I then came out of the were g etting p I was not armed. The and t on shore. cabin and went have been speaking was oh deck. I cabin of that whici l l night. Neither Kennedy nor Nichols fired no arms were armed, nor did they, to my knowledg e , discharge any firo - a rms. I did not see :that any of th e crew or p a ssengers art o lodged there had arms. I h ave no 1 know ledge of arms on board. I•saw no resistance nora. for resistance. When I was set t o watch I prep_ rations did no t expect attack from any quarter. It i s customary to se t watch on steam-boats. ' When I first saw these men I did not discover that they were armed. I only disco vered it when I went aft. When I went aft none of them - had boarded forward ; they might have boarded both at the same time. There was considerable confusion. When I came out of the ladies' cabin I heard the discharge of fire-arms. The ladies' cabin was over the hull of the stern. part, leaving a passage round it. I saw Durfee dead the next morning about eight o'clock. I saw him the evening before. I discovered four or five boats approach ing. I went up above the main railroad, and saw . the boat burn. I saw she was towed aft into the stream by row boats. After the boats got out of the sight of the steamer, which was on fire, I did not see which way they went. When I came out of the cabin, - end was going towards the shore, I heard the officer say, " Guard the gangways—show the damned rebels no quarter." • I dont know thatthe officer was in uniform, but he had a sword, 1 `and assumed the command, The companion-way from ~~-