The Sun. — London, England, 1841-10-25 00:00:00

VEN' IN G SU N AMERICAN NEWS TRIAL OF Ii'LEOD. LIVERPOOL, !":1:NDA1" - EVENING. By the George Washington, Captaiu Burrows, which has made a rapid passage of lei!, days from New York, we have received papers from that gay to the Bth instant. The ship arrived in ex- cellent trim, and has brought upward• of twenty passengers. The trial of 11 , PLeod had commenced at Utica on the 4th inst., as WILS expected. The Court was very crowded. but, proper precautions for the safe ty and security of the prisoner were directed by the Judge. The panel ofju rors was cal led over,and each was questioned, with a view to obtain men who had not prejudged tl►e question of the guilt or innocence of the prisoner----who I►ad no scruples Of conscience which wonl4l prevent their giving, a just verdict on the grounds of the national in terest being at stake, or of taking the life of one found guilty of the cri►nes the prisoner was charged with. These points settled, the At torne3--General fir the prosecution began his statement of the case ; the examination of wit nesses was then proceeded with. The connsel for ti►e prisoner .cross-questioned e ach w it ness . .:.rmrne of the evidence was of the most positive kind, to implicate M'Leod 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 Enrope, by the Acadia, arrived at New York on the 6th, but had not produced much change in commercial aff►eirs. The Cotton Market was steady. The businesi 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 ivere not many bills drawn ; 1091 was the closing price for the packet. The news front Canada is unimportant. (From 014- Neer York Herald of ()ct. 11.) MoxnAr, (h-r. 4, 1841 A few minutes past nine o'clock this morning, Judge ;ridlev 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. 'l'h, , 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 redects eredition tho.:e who conceived and carried out the arrangements and regulations of - the Court. There was no rushing for the settee hut. every one entered as though the Curt were parish church. No more were admitted than could be comfortably seated ; and, indeed, no more appeared desi rous to b. present. Persons at a distance, who are wrought tip to a feverish excitement on this subject, will be astonished at the apathy telt here ; but so it is. At fifteen minutes to ten o'elock the Crier opened the Court with the usual formality, and Mr. Wood, District Attorney for the 'county of Nia gara, applied to the Court tir an attachment against Theodore Stone, of Lockport. Sheriff of the county of Niagara, fur disobedience to a eubpccua :;erred upon . him on the •27til Idt to appear at this Court at Oyer and Terminer as a witness for the prosecution. Ti le 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 simple f;Atie of a Wile croak. His counsel s h oo k hi m cordially by the hand, and he gracefully returned the salutations of otthers. Ife 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. lfall. Attorney-General (with whom was associ ated, for the prosecution, Mr. .leukins, district-attorney for Oneida county; Mr. Wood. district-attorney for the county of Niagara; and. Mr. Seth C. Hawley, of But'. falo)-71 the Court please, 1 more on the cause, the people against Alexander • Wl.eod. Judge t a ; a idley—Are you ready, Mr. Spencer? Mr. Spence? (with whom were Mr. Bradley and Mr. :tardner)—We are ready. Judge Grialley- e -'l.'holl we wilt proceed with the case, and as the cl er k ea tts the names of the . jurorA, they will advance to be sworn. _ _ . Mr. 1:oot, the Clerk o. the Court, called the prisoner, who rose. and wa!: informed by the Clerk of hit right to challenge. • Charles I Curti, of Park mts the first juror called. Mr. Spencer (to the. Attorney-ljemeral)- 1)0 you pur pie to put any question generally :6) the Juruni? Mr. Ilall—Ve& ('r. the Juror) --Mr. Curtis, have you fornted or expressed any opinion a,;3 to the guilt or innocence of the prisoner? Mr. Curtis—l have not. Mr. nail—Have you any conscientious 5e."1 1 1) 1 e 66 on the stibieet of f it ing a verdict involriug life? :ifr. Curtis—No, sir. Judge Gridley—Let him be sworn. Mr. will ask, if the Court please, one further question. (To the .Juror)—Do you entertain an opinion founded on motives of public policy, or otherwise, that the prisoner ought to 1w 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 he done. have formed no opinion. ,trikes me, where a juror is in terrogatol in this formal way, if he answers that he has formed no opinion, and that he has 110 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 A llen, of Atigusts, anAwered properly, and was swore. John Mott, arother Juror, said he. felt 2i; if it was his duty to be governed by the evidence. • .Joseph CR111(1%1144 li - hiteslx - ;;;ngh, had conscienti ous scruples on the subject of capital punishments. Mr. Hall—You may stand aside. 410.1. Gridley—What are those scruples? Juror—l never felt willing to bring a man in guilty where the law pronoun,!es the punishment of death. Jud ge Gritiley—l think it is better you should stand asideSide ; b ut i t i s no portion of a Juror's business to hy, , to consfivuuwp, sfatate aiakes it cause Of challenge. if your Ilimollr The Juror was told to stand asW. Ashley I tills, farmer, or Kirkland, was next called. Mr. S p e ncer —Challeng e d. - 1 - he 'Juror was put aside. Elijah Brush. of Rolm., was next called, and the usual questions-were put to him on the subject of con scientions scruples. ciridtey said the question was a proper one when it was Mut•nitooit. It was not meant that a Juror s hould lee excused because he might feel pain' on return ing stieh a verdict, hut that it was matter of duty nut to return a verdict involvlng life by the law of the laud. Mr. !Tall--lloy-. do you answer ? 'Would you tied a verdict • aerOrdinr, to • the evidence, on the guilt or in nocence of the prisoner i n a capital indictment ? ;ertninly. juror-4. Mr. ![ail---1 swear the Juror. Royal Robbins of Marcy—lle said h e h a d f ormed no opinion further than he hoped th a t j ust i ce would be done. H e ihad not n adenpl , nsmind a.sto what justi ce was . Mr. Spetcel:7,lle may stand aside. Boswell ,i 1..• t nan of Paris, was ex cuse d , b eing too unwull to sit as . a juror Ira Pli n g E( " i ' r dt n a t j -1 . 11e.11' was 3worn. Al so Willi am Carpenter, ot ,, izkiohn Swann, jun., of Weston, did not answer. I w i s h to be excused on the ;round EilwAra S '" 6— H e y a inflicting capital pa that 1 have ilonbted t h ep * nishment. He was excused. was challenged. Luther Sheppard, of. rtica, answe red the questions Verona, Josiah Thurber, of tatisfactorilY put.. Mr. Ilan desired that he m i g ht s tand aside until the panel was exhausted. He he l rei •ed that it was common peremptory challenge. law right. although they had no Mr. Spencer—Von had no such right. , the r i g ht to put a juror Mr. Hall . argued that he had aside, u n til th e whole'panel was ex' h e osted, and then, if necessary, to call the same juror he could only be put aside on cause shown. Judge Gritiley- , -It is a qualified peremptory challen g e. Is th ere an o bj ect i on NIL Spencee.—l n ever h ear d o f such a right before. It is much more t h an a qua li f i e d cha ll enge , and they may thus ask th a t : to ; j urors may stand as id e, while the pri %o'er has the right to challenge lint O. Mr. H a ll said a decision had been made in a sintil 3 r the Vt) i the Unit e d a States Supreme Court, in rase c 'l need S tates r. Wilson and Porter, which was tried before Judge Baldw rities were quoted. in, of PennsylYania. Other autho- Mr. Silencer and Mr. Bradley replied, and The Court rat refused to acce d e to the Attorroy-Crene 's request, and th e j uror was sworn. Henry A ddington, of Paris, scruples, an d was pat aside. farmer, had religious Peter Slei g h t, ni Westmoreland, was sworn. Da n v He id 'rry Ila ti yter, f Kirkland, was challenged. ule, 1' Broomville - MK challenged. I Aslior Alltni, of Augusta , ,„,',„ s ' wnri ., ' eymour Carrier, of Stephen, was sworn. Amara Barnes Thomas Jonathan Nunan, ef Aintiville, was e h a ll enge d . I louse did not answer. Joseph Davis, of Reruser, was challenged. Joseph Seymour, of Westeim, was challenged. ilenry D. Babcock, of Marcy, was challenged. ~ Esech Allem, of Floyd, was sworn. Stephen Northrup of Marcy, w as excused, being ; too unwell to encounter this trial. levy Yale, of Auguata f Wag ehtnenva. Volner Elliott, of Kirkland, was sworn. The jury being now complete, Judge Gridley directed the Sheriff to provide lodgings, and places for them to take their meals, for the Jury, as it would be necessary to keep them together during the whole of the trial, and to provide them with accommoda- lions as near the Court as possible. The Sheriff promised that it should be done. The following is a list of the Jurors, with their ret,i- dences and occupations : JURY. Charles O'Curtis, farmer, Paris Edmund-Allen, physician, Augusta, John Mott, merchant, Sangerfield. Elijah Brush, merchant, Rome. Ira Byington, farmer, Camden. Wm. Carpenter, farmer, Kirkland. Isaiah Thurber, merchant, Utica. Peter Sleight, farmer, Westmoreland. Asher Allen, farmer, Augusta. Seymour Carrier, farmer, Steuben. Eseek Allen, farmer, Floyd. Velney Elliott, farmer, Kirkland. The Attorney-General then proceeded to state the case to the Jury, and he spoke as follows : Gentlemen of the Jury—l stand before 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'Leod, the prisoner at the bar. The grand inquest, upon the solemnity of their oaths, have denounced against-the prisoner at the bar the blackest in the catalogue of Crimes, and it now de volves upon me to place before you the evidence of his guilt. Gentlemen, it 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 danger — 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, 1 1 is as plain and as easy to be discerned as it is difficult to be performed. To array and present to yon, to examine and enforce and urge upon you, the testimony which bears as- a against the life of a human being, is always a painful duty. But, gentlemen, it is a duty as peremptory andparamount as it is painful. Thank God, it is no part of my duty to attempt to blind, deceive, or mislead you. I ani 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 throw myself upon your indulgence, and pray you not to let the cause of justice suffer on account of any deficiency on the part of tier 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 foundby the Grand Jury, and which is now presented for your con sideration and investigation, charges the prisoner at the bar, Alexander M'Leod, 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 indictment 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—and whose wives and children had been forced into the driving- snows of a Canadian winter, found no difficulty in telling- fhe tale of their dreadful sitfferitrgs—in eliciting the sympathies of our fellow-citizens. And it was but an easy and natural step, from sympathising with the sufferin g s of the refu gees, to sympathise also in their cause. And thus sti-, mulateil 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 hive looked upon it as a grievous fault. Gentlemen, it is no part of my case, nor is it my design, to vindicate the i ! ".nduet of the patriots or insurgents ; but it is not irre teeas2t to my case to state thus far, that those of our fel /o„„chkena who, without forming any military enter prise, or t:l'ganiaillg any body upon our own soil , single handed and a;. l .one, left our territory and united them selves with a foieign Power, have violated no law of our State, no law of the United States, no law of nations. They have done no wore 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 lore 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 ott Navy Island, that she was not in their. employment or in lily way connected with their operations. It will ap pear ,roni the testimony that the objects of the owners of the C a ,-cline 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 occupaticit was to navigate thdse waters were re lieved from their I.tbour, and this was a season of lei sure. Wittier 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 thousand went to the island—he 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 December, 1837, to tl19" er . . fie stopped at all the intermediate points, or , landingler places where boats had heretofore stopped. in the COUrSP At t er reaching Schlosser about two o'clock in the day, he . went from there to Navy Island ; he made two trips these articles 1 such articles of the ' afternoon, carry in; passengers and stress has been Laid 1 such as. were brought to him to be conveyed, and a s were itconveyed‘. by other ferry boats. Among appear there was a cannon. Much 1 upon this circumstance; and I, there fore, pause one mom that you mayltpewraeseiv e e nt w t h o at e f o o ni rt m e e an nt a - t e ll:co o l . t i h t, is so ki f n a d r nations are at war, should have. one of those articles which, when pain of ,netlp.als are prohibited to con , vey, under undertake to carry a forfeiture it' taken. If a neutral so a c n o d nve forfeiture.t he . i. essel Butat i f a articles ticles vessel : conveyed it a i r o e ns lia o b f le war to , des tined point and land them, she tiecrnot afterwards be held longer liable to be ..seized or molested. tarede Mantled she is no upon the high seas, the common highwayThi-3 law applies In this portion of the territory itol( of all nations. cases of seizure within the waters of Greatu apply oaly in .Britain, and it would not extend to them the right of co within our i o T en•waters. It will be observed that at it t il h 6 e r a that this vessel was passing between Navy Island sni and etime American shore , a ferr y -boat was passing from Blackthe }l o ck to Waterloo on the Canadian shore daily and hourly, c arrying to Canada arms and munitions of war, and the Canadian army was fed at the same time from the Amp rican shore. And Igo further and say—but Ido not in this case say it with pride—it will be found that Ameri can citizens were .in the ranks of the army embodied upon ' the Canadian side. But whe n it is brou ght up against these people as a charge that e s thei reems intoterf heerenun ce -Was unjust and iniquitous, e charg founded in fact. It seems as a course consistent when citizens of a neutral power enlisted in the ranks of their enemies, our citizens should be equally ready to enlist in your ranks. Our relations are such, that we can inter fere neither on one side nor the other. After having per formed these trips, this steam - boa t was m oored at Fort Schlosser.• Be not deceived. There is no fort there. The old fort is covered with luxuriant corn-fields. There is also no building, except a warehouse at the wharf, and a tavern about fifty rods from it, and scarcely a house, except at the F a lls, for a distance of two miles . . At this tavern the hundreds who were flocking there and were crowding and thronging t this place in the owning, could THE SUN, LONDON, NiONDAY, OCTOBER 25. 1841. not obtain lodgings, and came to the boat. The captain r gave theta liberty to lodge upon the boat, so far 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 intnates 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 intbrmed 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 ottiers 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 from 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, whose sad fate is the immediate cause of you: being emparnelled here, was found upon the wharf, some four rods distant from the boat, a ball having been shot through his head, enter 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 emn. He had doubtless been shot on the spot, and 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, who 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 s dsposed of, and the real points which you are 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 faini. 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 the 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 two o'clock the Court was again opened, and the same quiet and order prevailed, the Court being but i, partially filled. The names of the Jurors were called over, and The Attorney-General resumed anti concluded the reading of Judge rowen'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 bur own municipal laws. There is; therefore, no considera tion in the case, which would not be brought before you 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, or excuse, or palliation. Another point is to excuse the act on account of its being done in a pressing and din 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 Dnrfee was one of the insurgents in arms against Canada upon Navy Island. 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 himself 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, Ile was there on his lawful business as you might have been, anti 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 wit° assailed the Caroline, and killed Durfee ?" To that Dingle 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 congantly in mind that the testimony which 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 anti 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 coming 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 tl—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 elefence, 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 to take the life 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 necessary 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 villany, and they must take the consequences. The fourth 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 ; it' he was aiding and abetting, he is a principal in the felony. le several the ' ' persons set out together, or in small parties, as several boats s t art i ng f rom C ana da upon one common design, he it for th e p urpose o f mu rder, or for other felony, for urpose o f murdering urfee or destroyine. the Caroline, or any ,other object, some being employed to tch, some to prevent the escape of those who are more immediately engaged-- s tliey are all, in the eye of the law, present at th e ac t comm i tte d. These are th e princi evidence h rims th e is es admitted ; they are the known rules of law, and it is only for you to apply to these principles the evidence w hi ch s h all be adduce d ; an d i f the rings hprisoner alternative w•ith in butthe to p Prbvin r c o e of the law, there nOunce the verdi ict which your oaths will require. Before you will be the followi facts must b e es t a bli s h e d : —First, that Dur fee Vas killed se enndlY, that; he was killed in the county of Niagara ; thirdly, that, he was killed by • a pis tol or musket shot, or a wound of a similar character; and, of come, that'he was killed by the prisoners or others connected With him, with whom he was acting,-counsel ing, aiding, and abetting: If this act was done or by the company, your verdict of guilty mist' follow. Gentlemen, I have endeavoured to place before you, in the most simple manner, the leading features of this case, so far as they may be iisefril to you, and no further, in un-, derstanding and applying the evidence ,s presented to gou. 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 .f government, by destroying the confidence of the peeple in the adminis tration of justice. Why isit 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 tures peace. This trial will he 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 hut 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. I am now thirty-flare years old. In December 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 herup immediately, and en 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. Sylvarius Steering was on deck. About twelve o'clock I was awoke by the hands of the vessel, who complained that their berths were oc cupied: The hands had been to Niagara Falls, and when they returned, they wished t. 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 he 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 &ell, and I secured my papers and little e&cts 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 ot'aer 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 dowu into the fire-room, he turned rotind, 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 oft: 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. He used rough language to the Man, and asked it lie belonged to the boat. The man was Amos Durfee, he said he belonged to the boat. The man told Darfee to follow him, or lie would blow his brains out. He said follow me, you damned son of a bitch, or I will blow'yoiir brains out. Be 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. 1 made several attempts to escape from the boat, but I saw men in boats, with swords, pistols, and boarding-pikes. They were attached to nay boat, and were swinging round in the stream. My boat was 46 tons, and was about 75 feet long. I heard cornmand,given to cast her off. The words were cast her off—where's the rockets?" I intended to sin , render, and went on deck, from whence I ultimately got ashore;having passed my men, who appeared to be on guard. l got on the track of the railroad, and saw a man 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 there. I saw he was hurt. He said, " 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 requested 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 in the 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 ; there 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 the house, I found a severe wound on the shoulder, and another on the arm ; his clothes were full of blood down to the heels. I do not recollect he had other wounds that amounted to anything. The gash on the shoulder must have been three or nearly four inches. The other was as long, if not longer. It was so bad I could not look at it. were others wounded. John Leonard received a blow on the forehead. There was a large lump -there. Steering had a blow on the forehead. Harding had a severe cut through the' front piece of lea ther of his cap, down to skull. My object in running my boat was to make money out of it by carrying passengers and freight, as she had always done, between Buffalo anti Canada. I made three trips on the 28th of December ; first, from Buffalo to .Blackrock Dam, Tonawanta, touching at Navy Island, and from there to Schlosser. t made two other trips between Navy Island sind - Schlosser that day. I carried passengers and what freight was offered. I carried passengers both ways, but brought no freight from the island. Captain Appleby acted for me that day, but the papers were in my name. 1 do not'know that my boat had any more connection with the Naty Islanders than with the people of any other place. I did not belong to them, nor had they any own ership in the boat. When I came off the boat, I saw a man lying on the deck. I do not know that it was Durfee. Ile - 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, and also the clattering of swords. I am not aware that any men 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 had a light hanging in the cabin andanotlier sitting. It w as usual to nave one in the companion way. That there was a light I know, but I cannot say there was a lamp. It was light enoug,h to see to go up. After the men boarded we put out the lights to avoid their getting into the cabin. Unless a man was acquainted with the com panion way 'he Would not get in readily. It was made different froth others. Cross-examined by Mr. Spencer—l do not recollect that there was a light there when I struck my head against the man's leg-. When I started from Buffalo, had.lost tryo hands that I had a right to call upon ; Kinge.my brother-in-law, and a black man who acted as engineer. Captain Appleby acted as Captain, as I was unacquainted with the business. I had followed the lake in a schooner. I only heard of one dead man there, , I have heard the names . of others inquired for. I D ie n y r 6 fet Lafy.e,eainedaxtes 'scorched, I did not see other, marks of blood besides that where that e hwee 'either what saw oratilat nlitdtm% know that I mentioned that wlerVhsjewaingel .hefoice. - qhe navigation usually 'Closes _ the .middre o December, The boat had laiif~ll jell 'T'Sli tseiee . - She was sima for smuggling goods into the United States. I and Mr. Sdfanton were to purchase her, but I had paid for her, and took the bill of sale. There was an understanding that Mi. Scranton should purchase half of her the next summer ; she had been frozen in about a week, and we cut her (,ut 'on the 27th or 28th. Before I went down I did not 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. r 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 understood five had 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 Buffislo. I next touched at Black Rock. I got some stores for the boat, and halyards to run the colours up. There %Va.; 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 et eugiueer, 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 ba 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 know 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. 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 I 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 know 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 IWO: 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 I). 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 Island ; 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—l 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 Darfee 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 atitute for grape shot. The collector did not refuse to let me go out. He said I might do what I did 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 DAY. (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 night., He was brought into Court this morning at a quarter to eight o'clock, at which time Judge Gridley took his seat. There were not a dozen spectators present at the open ing of the Court. Daniel J. Stewart was the first witness called this morn ing. He was examined by Mr. Hawley. I reside in Buf falo..l 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 camp 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 bard 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 it is twenty rods. • I told Captain Kennedy he had better call them up from below—from a little cabin. The boats that I saw, I think were floating down stream ; they did not use their oars, I think. Captain Kennedy called them in the cabin. There was a man who came on deck just before. His name was Nichols, and he hailed them. He asked " Who comes th ere ?" The an swer was "friends." They appeared to spring • on their oars then, as if they found they were discovered. When Nichols hailed, the first boat was not more than three or fonr rods from the bow of the boat ; one boat ran down towards the stern of the steam-boat. I ran aft for the purpose of seeing who they were , and when I got - there the officer of the first boat had got on deck. He got over the rail a little aft of the gangway. By the time I had got up to him he had got his sword drawn, and threw himself in an attitude as if he was going to strike me. He then ordered his men on deck. I then discovered several armed men' in the act of getting on board. I then went into the ladies' cabin, to give the alarm there. The officer stood near the ladies' cabin. I am not sailor enough to know whether I went star board or larboard side. It was the river-side of the boat. I found in the cabin they had been alarmed, and were getting up. I then came out of the cabin and went on shore. I was not armed. The cabin of which I have been speaking was on deck. I fired no arms that night. Neither Kennedy nor Nichols were armed, nor did they, to my knowledge, discharge any fire-arms. I did not see that any of the crew or passengers who lodged there had arms. I have no know ledge of arms on board. I saw no resistance nor prepa rations for resistance. When I was set to watch I did not expect attack from any quarter. It is customary to set 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 gut of the cabin, and was going towards the shore, I heard the officer say, " Guard the gangways—show the damned rebels no quarter." I dont know that the officer was in uniform, but he had.a sword, and assumed the command. The companion-way from the gentlemens' cabin came up partly through the engine roam. It was a narrow, crooked way, and different from the companion-way of boats generally. I believe there were only two discharges of fire-arms before I left the boat. I heard several after, and considerable clash ing of swords. There was no firing from shore. Cross-examined by Mr. Spencer—T saw Durlee in the course of the afternoon, when we were running from Navy Island to Schlosser. I don't know that he went down from Buffalo. I had never known him up to that time. He told me he was a stage-driver in Buffalo. That was my first trip down. I considered if there was any thing to do on board I was to do it. I was not em ployed as a hand. It is customary for boatmen to ride on • any boat for nothing ; but if they are asked to do anything, to do it. I had been a boatman for two years. I went to see what was going on, more than anything else. There were very few on board, seven or eight, perhaps, from Buffalo. We took from Buffalo some.bar- rels. We took some provisions on board at Buffalo. We went to Schlosser. and took on board some things for the island ; straw, a quarter of beef, a cannon, and • boards. A good many men crossed over, perhaps fifteen or twenty. Ido not recollect that any were armed. There might have been. In the course of the afternoon I saw one or two muskets in the ladies'icabin. I did net go on the island. There were a good many men at Schlosser, and a considerable stir. I heard some one say the cannon we took was a six-pounder. I heard the evening before that this boat was going down. I still reside in Buffalo. lam not yet a boatman. Frederick W. Emmons, examined by Mr. Hawley— I reside at Buffalo. I was at the inn at Schlosser the night the Caroline was destroyed, The small island in front is called Corner's Island. It is 30 rods from the Schlosser wharf. When the attack was made on the Ca roline I was in bed at the house. By Judge Gridley—The wharf up and down the river is perhaps seventy five feet ; the warehouse occupied thirty cr forty feet of the upper part of the dock, so that it left about thirty-five feet of docking below the warehouse. The dock extended into the river. The lower front of the warehouse was open to enable boats to load and unload ; the upper part was closed ; the floor of the docking constituted the warehouse ; the railroad track was below the warehouse ; there were five or six feet between the railroad and the warehouse ; the floor ing of this docking had holes in it to the water ; there is very little business there, and it is not kept in good repair. By Mr. Hawley—l was roused from bed by some one who said the boat was attacked. We sallied out, and I went partly down to the warehouse. I was not armed. I knew Amos Durfe ; I had known him for a number of years. I went down to the warehouse after the boat was hauled off. I went down in ten or fifteen minutes after. The row-boats were in sight. I found Durfee on the railroad, twelve or fourteen feet from the river. He was on the dock, between the rails of the railroad. His head lay from the river. I turned him over and recog nised him. There were two or three others with me, and we had a light. He seemed to be dead. I left im mediately after, and went to Buffalo. On examining Durfee,l saw he was shot in the back part of his head. I think Capt. Appleby was with me, and Capt. Haggerty. I think Durfee's cap lay near him. I saw the body of Durfee afterwards, in Buffalo; he was laid out at Baldy's. Where Durfee lay I should think it would be sharp shooting to reach him with a shot from the tavern. I went on board the Caroline, after she was tied up that night, with Durfee. I did not see any arms on board the Caroline. Field, who keeps the public-house, is my bro ther-in-law, and lam much at home there. During the time the boat was attacked, we feared the house would be attacked also, and we looked for arms, but could only find one musket about the premises. When the row-boats cast off from the Caroline, they went in the direction of Coroner's Island and Chippewa. The planks of the floor of the warehouse lay loose. It was not used a great deal. Cress-examined by Mr. Spencer—l resided at Buffalo at that time. I was then at Schlosser only for the night. I assisted my brother-in-law in the inn. I was there frequently for two or three days at a time. I was not there when the party took possession of Navy Island, which was about the 17th or 18th of December. From that time to the 29th, I cannot say how many days I spent there. I was there three days at a time. There were arrivals from Buffalo, with what I cannot say. They crossed over to the island. The Attorney-General thought the Counsel was tra velling too far in his cross-examinations, when he in quired what other boats carried. Judge Gridley said it was desirable to be as brief as possible, and to ask no more than was necessary to give the jury the history of the transaction. Mr. Spencer assented, and the examination was resumed. Witness—l saw a piece of ordnance go over in a scow boat, and I saw armed men go over. I was on the island the day the Caroline was destroyed. The musket found at Field's tavern on that night, was discharged once by Captain Keeler. He ran out in the road an fired it off. I did not see which way the gun was pointed. After the Caroline was turned loose she grounded, and remained so until she turned near the water's edge. The stream there is five and a half knots. The current on the Canada side is six, and on the American side about five knots. By a Juror—l saw Durfee after the gun was fired from the house. By Judge Gridley—The gun was fired while they were casting the Caroline loose. By Mr. Spencer—l helped to get the Caroline out at Buffalo from the ice. I do not recollect how many were engaged in cutting her out. I supposed she was to run between Buffalo and Schlosser with passengers. There was a good deal of excitement passing there. I was going down to my brother's that evening or the next clay, and that was the reason I assisted. I was not engaged by any one. I did not go to the boat, but by the railroad, which ran twice a day both ways. I have seen times when the railway could not take all the pas sengers. The cars ran near Field's tavern. I supposed the boat was to carry passengers. I did not know that she was going to Navy Island, nor that she was to pro mote the interests of the Navy Islanders. By Mr. Jenkins—The man who fired the gun was three or four rods below the main railroad track. By Mr. Hawley—The railroad employs horse power. There have been two boats on the last season, and there is one now ; there was a horse express at the time from Schlosser to Buffalo ; the people who went there went there from curiosity ; there were all sorts of people there ; Mr. Field was out of health, and I staid two or three days at a time to help him. By Mr. Spencer—He had a great run of custom then. The express, I suppose, was for the press. An invasion of the island was expected from Canada, and they wanted to get information. I did not understand that there was to be an invasion of Canada from the island. They were not strong enough. The express ran from the time the Navy Islanders took possession of the island until the Caroline was destroyed, once a day, I believe. The Attorney-General again objected to this mode of cross-examination. The Court intimated again that the examination should be brief, but as the subject alluded to was part of the examination in chief, and a part of the history of the drama, it was admissible. Mr. Spencer said he had finished, but nevertheless he should insist upon having out the whole truth of the matter. James Field examined by Mr. Hawley—l live at Schlosser, and lived there in December, 1837. I kept the public-house there. I recollect the night of the destruc tion of the Caroline. I got up. I saw Durfee about one o'clock that morning. He was lying on the wharf dead. He lay with his head from the water, partly on his .face. I saw the wound. He apeared to have a ball shot through his head. It appeared to have gone in at the back, and come out in front. Tha orifice was small behind, and bursted out in front. I should suppose he fell where he lay. He lay about four feet on the dock from the water. There was blood near where he lay. There was not a great deal of blood; but some night have run through the plank. I saw his cap. It lay partly off from his right car, by his head. The perforations in that were the same as in his head ; one behind and one before. I thought the cap was singed. I kept it a year. The singe was at the back, about the small hole. Finally, I gave the cap to a man who called himself his brother. I was not on board of the Caroline that day or night. The people in my house that night were not armed. There was one gun in the house, and that was all. That gun was fired. The man who fired it stood about ten rods from the house. He fired south, or towards the river. He fired at the men who were taking the boat off. The boat was then in the stream, but she had not got to the foot of the island by thirty rods. They were about ten rods below the warehouse. A line from where the man stood to the men who were towing the boat, would go twenty rods below where Durfee was. By the Court—The boat was ten rods below the line of the store-house, and fifteen or twenty rods out in tho stream. By Mr. Hawley—From the way in which the man fired it must have gone twenty rods below where Durfee was. Judge Gridley—How do you make that out ? The witness, on reflection, said the shot so fired, would pass Durfee five or six rods. By Mr. Hawley—l remonstrated with the man for firing the gun. I said it might aggravate them, so that they might come to the house. By Mr. Spencer—l lived at Schlosser when Navy Island was invaded. It was a. week or so before the boat was burned. The invaders, I, understriod, went from Grand Island. There was a good deal of passing and re-passing after the island was invaded. The land where my house stands is about level. At that time they were carrying men and munitions of war to Navy Island daily. There was a great assemblage at Schlosser daily and nightly. Provisions were brought in on waggons and railroad cars. There were a good many pieces of artil lery taken over. I cannot tell how many. I had as much business as I could attend to, and I saw only three. I saw a man go over occasionally, with a gun en his shoulder. _ _ The Attorney-General again objected to cross-exami nation. The Court thought the nature of this expedition should be brought out. The Attorney-General said he conceded that there was an expedition and great excitement, but it had no thin,,, to do with the case here. Before another forum Mr. Field's testimony might be necessary. Mr. Spencer—lf you concede that, it is all we require. The Court thought the nature of the proceedings should be made known. , — Examination continued—l saw beef and other provi sions carried .over for the Navy Islanders ;• the burn which I saw on the cap was round the hole where I sup posed the ball had gone in.. The hole was singed round, about as big as a quarter of a dollar. The cap was a snuff colour knit or woollen cap; it was a kind of plush. The body was not moved until the neat morning ; it was turned over when I then saw it. I was about tea or twelve feet north or back of the man when he fired. Ile fired rather at random. By Mr. Hawley-- There were militia ordered out about my place. The militia were not ordered out until after the burning of the Caroline. There were marshals there to preserve neutrality. When I spoke of provi sions and other things being carried over to Nary Island EVENING of the Caroline. I alluded to the time both before and ,after the burning that By the Court—The beef, hogs, flour, and cannons, , went or, er, were some before the burning, nd some after' One cannon and flour went over before; to c annoes before B):\ t i l l ie . other things after. O l n w e n c s a o nr t n ho w The Attorney-General protested against the pen tion of this inquiry further. It was admitted on ta . part of the prosecution, and was not necessary to this cause. c• I 01- i t s ' ? a t ti o dTh The Court thought the main facts svere inateria Nall laterally. It appeared there was a hostile force the linesla n d fromwhich th is side, f e u , r b n o i s t h h e de withthought lll a t etirilea minute b i i Y u t t b e e d` j e r-- 1 ,„ were net necessary. wide Mr. Spencer said the Attorhey -General took the eaibLout a vieceult. ground, in his opening, and if he expected to eonfi n e , e e, examination to the single fact that five boats cone v he way mistaken. oela Judge Gridley said if Mr. Spencer desire d it, be Iv. d es take a note that minute evidence was offered on o f point and overruled, so that advantage co uld beta k° it hereafter. ' ein - Mr. Spencer said at a future period of the tria l e ecene the strength of the force on Navy Island, tended to submit some questions to the Court rest' • there, &c. eets * The examination was then continued.---111ere diog military force on the Canada shore, and canto ns from there and the island. • T resid e J. C. Haggerty (examined by Mr. Tlawley)--e wei at Buffalo, and resided there in December, 1837' on board the Caroline when the attack was made til )() ; ea. the batterie I was in her when the watch called us. I a nt O nly I sailed a vessel as master that year. 1., w3- ot pal a passenger on board the Caroline. I did trot anything, nor expect any pay. It is a custom may sailor folks not to pay on any boat on which thfY„ are travel, they are then called " deed. heads," but oa required to assist on a pinch ; William liennedl "s e ek, watch, and he put his head in the ladies' cabin, P a lo 0 and said a boat was coming ; we did not believe b o at 0 first, and nobody got up he went away for , eh s 0 minute and then came back, kicked at the door, ta l be oath, and said we had better et we Sit g. up, or e, burned up very soon ; two men - then got up waleriver,- went to the starboardgangway, stern next to th teo abaft the wheel-house. I saw a boat f u ll of in e rl o st or twelve I should think. The were armed• iffiessidl had a man standing upon yher. She i stood d. her head up stream, as the steamboat river, and the two men stood at the rail ne xt Me ° and three pistols were fired at us. One of th*lte•of fell. Ido not know who he was. Mr. Leonard,' ,°,tertel to the gangway' on the larboard side to g () a3h ore, _ t g et the two men, started and went into the cabin. but met men with swords and cutlasses, and could not ashore. They were getting out of a boat under theobig, of the steam-boat, and some of them were en,„ t h ,, e n t 190 A and some of them were on the steam-boat.. a n dw -- tio to the gangway, between the companion way beet ladies' cabin, to get off at the fore -end of the thes e When I got to the starboard side, I saw a nean,, lie s eel!! The men were then in the act of getting on decibe l n eve' forward, and when I got on the forecastle, bearerosei fired and clashing of swords.' I iraagined th e P to go were fighting themselves, and I got a elltft e oi ee• of ashore through the main building of the war ' i saw Durfee three quarters of an hour. after. 'e h dg eee,; his face when I first saw him. The boats then I had not been asleep when the attack was be et t ° not been aboard more than half an hour. Iha Were 6Ve the Falls, and could get no lodgiege. There see, others with me. We went on -board the boat t° was not loaded. I saw no other arms. and lay on mattresses. I had a pocket-l'ist°,l 0 6re' I heart' n o th arms discharged from on board before I n ary t pist' /5 t gangways. 1 think there could nochaie been ; tee' discharged without my hearing 'them. I dee't,lti'e` the pet' I heard more than one man speak before I lets en s'' ) ' As I passed the dead or fallen man heard ter n11' 1110 1 " " Give it'em; God d—n 'em." W hen g ot aeh (ite them cursing among themselves. Cross-examined by Mr. Spencer—There wsis, which hung in the gaugway which led from , t 7, e s tw i t to the gentlemen's cabin. I broke the lamp wi t ; was Some one cried—" rut out the lights." Ther-was light forward and also in the cabin. That ligh t 'P e the forecastle, and I believe it was put out lin ladies' cabin was on deck. Th e gent i e wee's r tt below. 1 got ashore as seen as 1."(:•ould. not pur got e l f a a y s t tento tohre twelvesteam-boat.from m ell i l h e e I t l geg _ U ip tt e eto. tint wharf. His head was farther off. I did pet the boat out at Buffalo. Th e re was anothei cal° down after the Caroline was destroyed. sbe a at the Barcelona. e live a s Henry Emmons examined by Mr. Jenkin s 's I ' h e Schlosser when the Caroline was defitr°l%; that to by a noise in the house, and an a'a'"ieecliae boat was attacked. I got clown into the road ij ooei'f i the Falls. I heard a loud noise : there wa s is said and guns were fired. I could not hear wl,il t , t h w' h r eel:of as to understand it. I remained there ate-, e got louse and set fire to ; she was towed °,-;: do tP twenty rods from the wharf and ten r°' - `) r ove", t o stream. They left her, gave three cheers , ti rh. d it towards the wharf. We -thought they Aver.% they ' 1 jle burn the warehouse, but they did not. W r b.„% e fee.„o gone we went down with a light, and fou nd i r- e f was eight or ten feet from the boat, in a dir e ite edg .t e v the gangway, on the railroad which runs t 0 r l a dian the wharf. 1 saw his cap.' It is called 3 t cl e 7 i seb It is of a dark colour. There was not ag' a do r - o blood there. There was one gun fired fro' s - to ut l ;`,'.,, i, I was two or three rods from where them a' t b - o at , fired. He fired in the direction of the steam - t be r or line. The man was thirty or forty rods frotn so ee oo house. The shot could not have gone witlitnthese eight rods of the warehouse. I saw no :t rees - Ge t ' than this gun. • , r 5 a tw o Cross-examined by Mr. Spencer--Tbere bade, Lawton, who formerly ran a steam-boat,. eye d the - 0 , pistols. I was looking at the Carolin e ; 31 , 1 0 0 5 1° ,0 who fired went two or three rods from Ine neat ha d boat was then burnin.-. I was looking at "' e l 0 ,er , _the. gun. , There was a remark made, that I v aor , arms we could kill some of them without a itie fi e ed• „ ie That attracted my attention to the manl eh° live ca John Hatter, examined by Mr. Ilawlee hiosselfo,os Niagara county. I was at Mr. "Field's , g al e the night the Caroline was destroyed- e" : "to e. allee loaded with powder merely, and was fir e e - ,, i d pot e • company that boarded the Caroline. I v,,„ I think there was no other gun fired froln ed' By. the Attorney- General—l was on line that night, and I did not notice that sh e olg I was aboard about eleven o'clock 'at night• t theist of beat wo Cross-examined by Mr. Spencer --I J ived - l' er• at Lockport. -I happened to be curiosity mostly, there were many there a t i t i, a ivitl' t s ,ece i " had not been to bed. I had been to the Fa' ,etli fe eta gentlemen who requested me to walk clow:too ittee We returned about eleven o'clock. Th° ch jar 1)115 e s a ° Field's is about three miles ; I had no partieatbeee t there, and went to Field's to get lodging s ' b o et , e l° chance to get any there, and I went to the te f ol°, o er berths were full, and I returned to Field's; 4 1 , 3 0%0 1 loaded in the kitchen ; a man brought it il ot oodS re ol t room, and Mrs. Field brought the powder,;i t bore, is e two feet from the man who loaded rni fLi at Schlosci- t • tito_.ooo a t some that night ;it is very natural for a ; e st e el t ea little, but I was sober ; I think I-stated - Jo' t o °' the gun was only loaded with powder; the nr stat ed 1 pe del gun loaded it, but Icannot tell who he leas. 0 0 1 1 05 . veral persons at the Falls, that the,gun pool ° fre'r l with powder, and I stated it to-day. to 1 ‘',.' 1% , s ro s t - e d,o l t saw the gun fired. It was fired abtia t • st a ia. Field's house, towards the warehouse- e ` e ",".it oareo - know about it, and I cannot say wh e e t "i b e en , have answered the same purpose if i t .4t'ar *he house, if loaded only with povvder• ob ' - * t By Mr. Hawley—l was subpoenaed W ha toia I,OtlJO By M to giver. evi Spencer— n I don'tdence o this triaknow that 11. to _ e ole o , was subpoenaed here for. Nothing was sai d it f t° f the firing of this gun, nor have I mentione time of the occurrence to this day. A fr• 5 a1 36 ,. Joshua A. Smith re-exaMined by 1 9- . g .°ll her, t' 'wide in Buffalo, and • did in Deeet ti— •e • follow steamboating and engineerieg•ent o f t o ti ,11 ; board the Caroline at the commeneeni the 0 1 °00 ° , 3 tack. I was in the ladies' cabin when b o o given ; I had not been asleep but had ins'boat Cl get a row of mattresses, and the alarm wa s a l oe 1 0 ab ° ol , were coming ; I thought it was a out of our berths that others noi;ht false ft get the-'• a i ,9„ a minute after they came again in a gr e eth ' 1 5 4 1 °i d and said there were boats coraing.Olieu gave. Iv i o ft we then got out; I went to the starnoal wo es: bo at, e il looked over; there was a considerable r_ o at' 00 e aft and saw people getting on board frotn es eo! A the river side. There was a gin fire d, sq fore r iiiit el p l ot by my side, who apparently came frottl•wbotr oil, thought he fell from a shot. I was 50n 0 .4 wen! t be at the time. I went across the .boat a" ttn y 0; rie s Lef e very slow. I was not armed, nor we re e , firete 0 0 , to ray knowledge. I think there NN n . d ere- li ' en tbij i t he ,charged until after the a larm, a— t ee , o ne t , , the was one. When I went aft I did riot tee, one fi rCVot sailants' boats under the guard of the et 00 he ee e Cross-examined do b e fore . •0. es' boat at Black Rock dam the m orning Pe ll° f r eef . one o g 0 been down before that winter to my by Mr. Spencer---1 w en ' ' 1 I fell f `e,; s o was ~ of not know whether the person wb° sailants or of the persons on board• b e-d deal of clashing , • e dead „1/ gr James H. King y , — emt l in va in se:eb Y o f the er t e By Mr. Ilawle I t eet h that occasion. Attorne,. the the I vto then ` ) b et In December, 1837, I resided in nutft",°: ar d, on cie on oc if, of the Caroline steamboat. I wad ? o h', 110 s O'C I , O I‘C of December, 1837. I remember the et' _ bo ut a e that night; I retired to the ladies' cabin a . / w es a , p 1 'yen - e ot and was asleep when the alarm was gi „ J . it ui, e s on my boots and hat, threw my oversiet:. % LI; to t 1 oe, s ; by the firing of guns and a noes o` taY t ee ° L ei went out, but armed men shoved l ie ie' ti l r o a le to s part of the cabin, where they made, lnstored e te' le mattrasies, and they beat rue and to o 01.4 0 ),.. t he they beat me with swords and en: 1 ca me e ett a good deal ; they asked me whet io e a good deal ; they cut my arm es !. .. ste lice , , t , blow with it ; there were five ore e: 1 %,„ thel o o vot, place was not high enough for th much, and ley coat saved wee; 1.? 0 , ; i d and confusion, and low talking. . 1 3 s__ c"` o itco i : ir e , f / , mattresses, after I was wouncled,.o-o*.of ee. 1 0 ! said, ‘, 4 roll over you damned Y a ntee i .e o „,,e, e ‘ : be ' give see those reattraeses.' reltfe T hee by es o , , , h iell the mattresses thro ell the e , the „fe, frOM the window upon it and sct;.3t,, ) til‘, ll ,„ corn-basket, set the lamp in it, 41 tl ' 6 lo l ll %er , drove u.s nut. As I lay there 0tie?,10",,,,,,' a id . 1 v 115 0 7 (10 ith this man—kill him ?" ~,ti' in ; . o d " take him prisoner. A rut they pc , 4:1 1 • tll officer, and said, -" oh, see e ,ll O l ee. he jiv wo o pretty nearly dead, let him go asi °" l , o t weak. I made towards the seal? tv e th, h e , lvt, „al