The Sun. — London, England, 1841-10-30 00:00:00

EVENING SUN word more before I leave this subject ; for another opportunity may not occur to vindicate the course of our State. It is false that the authorities of New York have been delinquent in this matter, in refer ence to these transactions ; the authorities have done all they could. Governor Marcy issued his procla mation, he went personally, and it will be observed that the information of the acts of the insur gents arrived at Albany about the 16th of Decem ber, and there was but scarcely a week before this catastrophe occurred. I stand boldly here and say that New York has done her duty, and her whole duty in this case. Her Sheriffs, her District Attor neys, tied her officers have done their whole duty, and the very time the excitement took place, and was quieted, but for the foul and fatal deed, all would have gone off peacefully. There was no neglect of duty in the State. So far from this, there is no proper and just cause of complaint either against the Goverment of the United States or of this State for neglect of duty, or attempts to put down all interference on the part of our citizens. New gentlemen, I will leave the subject. Judge Gridley here intimated that the Coast would adjnurn until to-morrow morning. TUESDAY, OCT. 12, 1841. The Court re-assembled this morning at a quarter to eight o'clock, at which time many ladies were in attend ance, and the Court was completely filled in every part. As soon as the Jury had been called, and the Court had properly opened, the Attorney-General resumed his ad dress to t'se Jury in which he was interrupted last night. TEe Learned Gentleman closed his remarks at half-past twelve o'clock, having spoken since eight o'clock this morning, besides one hour last night, making in the whole five hours and a half. The Court then took a recess for dinner. At one o'clock the Court was again organized, and the _Court room became filled in every part ; the audience was much greater than at any other time during the trial, a great number of ladies forming a part of it. When the Jury had taken their seats, and silence and order were enforced in the Court, Judge Gridley proceeded to charge the Jury. He spoke as follows : Gentlemen of the Jury—l congratulate you on your at length arriving at the present stage of this long-pro tracted trial. After your patience having been drawn upon for six days in listening to the trial, and a day and a half in listening to the argument of Counsel, you have at last arrived at that period when you are called on to discharge the last and deeply solemn duty which devolves upon you. I congratulate you also upon the auspicious circumstances under which you approach the perform ance of this duty. We know, it is true, that a deep and pervading interest is felt in this case throughout the entire land. We are also aware that a portion of the public press has, from the commencement of this controversy, teemed with inflammatory and passionate articles. We have likewise heard of popular commotions in various parts of the country, and in particular in the county where the indictment against the prisoner was found. Still, though these disturbing influences may prevail elsewhere, we can at least say that they have not entered this solemn temple of justice. If the waves of excited popular feeling have swept along in other quar ters, they have not reached the portals of this building, consecrated as it is to the faithful administration of that justice to which the people and the prisoner alike appeal. During the proceedings here, it may also be remarked, we have seen attentive auditors in the persons of loyal subjects of Great Britain, who not long since were in arms in defence of their soil ; and, on the other hand, we had the presence of inure than one distinguished actor in the scenes of blood and suffering connected with the recent abortive attempt at revolution in the Canadian pro vinces. Yet although these individuals, as well as others, who have been present, must have been deeply inter. , sted auditors and spectators of what has occurred, not a sin gle murmur has been heard—not a single ebullition of ex cited feeling has escaped. All has been quietness and good order, and a signal proof has been given that here is a spot where justice can be purely administered, and that here, if no where else, the decision of an upright, intelligent, and honest jury, will be acknowledged sove reign and supreme. It is under these auspicious circum stances that I invite your attention, Gentlemen, to the questions connected with this great and important case. Allow me to offer a simple additional passing remark, and it is this—in order to appreciate properly the ques tions on which you are to pronounce your judgment, it will be necessary that you should keep your minds en tirely unembarrassed by the consideration of other mat ters which have in reality nothing whatever to do with the merits of the case. The counsel on one side and the other, as it was their duty and right, have presented such arguments,anddiscusscd such topics as they deemed I.kely to serve the interests of the parties whom they re present. But the tribunal which tries has also duties to perform altogether different from those incumbent on the advocates entrusted with the interests of those who are placed at its bar. The case of this prisoner, Gen tlemen, I may simply say, is to be tried like that of any other person indicted for the' same offence. The first question is, has any murder been committed ? And the second question is—is the prisoner at the bar guilty of that murder ? On the first question, Gentlemen, the Supreme Court of this State, as you have already learned during the pro g ress of the trial, has decided. Their authority is binding on you and me. We are sitting here to dispense justice in the Circuit, Court, and must be go verned by the decision of that superior tribunal which has sent down this issue to be tried here. That there is no longer an open question, but an adjudicated one, and with it you have no concern. The circumstances out of which the indictment originated are briefly these :—ln December, 1837, a body of Canadian re!ugees and Ame rican citizens occupied Navy Island, fortified themselves there, and opened a cannonade upon the Canadian main shore, where some 2,500 or 3,000 men were assembled to protect their territory. Aid was afforded to these occu pants of Navy Island by certain individuals in Buffalo ; and one William Wells, the owner of the steam-boat Caroline, for the purpose of promoting his own in terests, as he swears before you, had the steam-boat cut out from the ice when it lay in Buffalo creek, and on the morning of the 29th December, the fatal day, that boat made her first trip from Buffalo to Schlosser, touch ing at Navy Island ; and that after that, on the same day, she made two trips to Navy Island from Schlosser ; that it was instrumental in conveying armed men, arms, provisions, and one piece of ordnance to Navy Island. Further than this, it does not appear that the Caroline was instrumental in promoting the interests of the oc cupants of Navy Island. Now the Colonial Association in Canada saw fit to regard this boat as a portion of the armament of the insurgents, and resolved to destroy her. Sir Allem M'Nab, the Commander of the Provincial Forces at Chippewa, ordered volunteers to embark in boats, of which five reached the Caroline, and from them she was boarded, whilst her peaceful occupants were asleep in her berths, and with cutlasses, boarding pikes, and hre-arms, the attacking party chased the persons on board, wounding some, killing one, and whether other s experienced the same fate we know not—and then hav ing set fire to the boat, the attacking party sent her over the " Falls." This is a brief history of the transaction, so far as it is necessary for you to consider it for the purpose of understanding and disposing of this case. The acts I have described are held by the prisoner's counsel to have been excused in the individual performing them, " for the reason, first, because those acts were authorised —and secondly, because done in self defence ; and again, because the whole transaction has already become the subject of recognition between the two Governments, so as to deprive this Court of jurisdiction over the offence. These arguments have been laid before the Supreme Court, and that Court, after great research and de liberate consideration, pronounced that this act of the killing of Durfee, although performed in the prosecution of an enterprise like that I have already described, was murder ; and it follows then, Gentlemen, that all who were engaged in it are guilty of the same offence ; and it is not ne cessary that the arm of Nl`Leod should have struck the fatal blow to render him guilty. Enough that he was engaged with others in that enterprise. This question, vs then, is to be excluded from your consideration. It has, it is true, been dwelt on by C ounse l on both sides, in their opening addresses, and durinss the p3rooi,7rtehsastoift has trial. I refer to it, however, to infor m b ee n already adjudicated on and i s set at rest. Th i e a n . comes the question—the important question on which you are to pass—is Alexander M`Leod guilty of that The Counsel for the people have presented murder ? many witnesses before you, the tendency of whose tes timony has been to show that the prisoner is guilty ; and in order , G entlemen, tha t you may understand and appreciate this testimony, I shall briefly place it in re view before you. I shall divide it into two classes—the first branch embracing the direct and circumstantial evi dence other than that arising from confessions connect ing. the prisoner with this charge—the second class of evidence will consist entirely of confessions. The first witness, Gentlemen, who has testified before y ou , i s Gil man Appleby. He is the only witness who was on board the boat at the time of the attack. lie wa s t h e captain of the boat—he slept 'in the gentlemen's cabin-- he was awoke a little before midnight, as he thinks, by information that there were boats approaching; he arose, and, partially dressed, made his way up the stairs, till he found his farther progress arrested; he retreated, but again returned, and had opened the door about a foot, when it was violently pushed open by some one outside, who then made a plunge at bins with a sword, which glanced along two of his vest buttons and struck against the metal button of his panta loons ; he was considerably excited, but in that mo mentary glance he saw the features of the man thus attacking him, and his impression then was that the individual was Alexander M`Leod ; but with all com mendable rrudenc,i and caution—for which I honour him • —this witness says that amid the agitation of the mo , ment, and in that ha ty glance, which passed in the twinkling of an eye, he cannot say that it was Al`Leod ; he had once before seen the prisoner at Buffalo, and it struck him at the time that his appearance was similar to that of the individual who thrust at him, but it was Only one hurried glance, and he immediate) replied to the questi on o f C ounse l, w h en on th e s t a nd here, that he could not say that it was Alexander, M'Leod. The next witness is Samuel Drown. Ile resided at Chippewa, . and was en gage d i n ten di ng b ar f or one Smith, who kept a tavern there, and he says that he went up on the evening of this transaction to what was called the " Cut," s's /41 - 199 -t-"-uNtiapra river ; that he was at the entrance .9.1 1 .1 1 117 u that he was at the beacon light ; saw tk e - 12 4 .assing into the "Cut," and then he thinks • APl.eod amongst the party embarking in the re r;: . bog- ;'. i lt - Nits dark ; but the witness expressed the cer- Is" belief that he then and there saw the - qrd'isays he went from there to Davis's Tavern, avret.a_portion of these persons came , an d t h ere , b y a •• light:which shone from within the bar-room, or by a Qtif on the " stoop," although he c anno t remember tany light hanging out there, he professes to have seen then says that next then again Alexander M‘Leod.:He morning, Gentlemen, between daylight and sunrise, he heard some of the men in the tavern talking of M`Leod 's being wounded, and was over on the opposite " stoop; the witness looked across, he said, and then thought he again recognised M`Leod ; he says he I went over to see whether M'Leod was wounded ; he saw no one apparently wounded, and did not see M'Leod. He was then inquired of in relation to the degree of cer tainty with which he could say that the man whom he saw was M'Leod, and he said in reply that " he saw a man whom he called M'Leod." Another question was put to him, and he then said, " I mean that I am as sure it was M'Leod, as that he now sits before me." This is, Gentlemen, his testimony. He submitted to a long cross examination, and how far it went to shake your confi dence in his statements, it is your province, Gentlemen, to decide. There is, however, one consideration which I will submit to you ; it is this, that when you are to judge of the credit to be attached to the testimony of a witness, it is right and proper that you should observe his manner on the stand—the degree of intelligence which he exhibits, the amount of power of observation, and accuracy of recollection—and having done so, you are to decide whether his answers satisfy you that he is honest, and in the whole whether his statements are of such a character, when taken all in all, that you can I rely upoil them ; and if not sufficient to satisfy you al together, Y':on must decide in how far you should allow what degree of confidence you must repose in his testi mony,'affa that you will bestow on it, and no more. It is argued by the prisoner's Counsel that the degree of darkness which prevailed there, and as testified to, was such as niaile it exceedingly rash for this witness to pro nounce so confidently that he was able to recognise M'Leod as well there as here to-day. It is also argued that he stands before you impeached as to his character for truth and veracity, and to sustain this impeachment, witnesses have been called and have appeared before you. One Mr. Bates has testified that he lives near Canandaigua, near the residence of this witness , and he says that he heard him speaking on this subject, I think at some former period when subpeeaned ; and among other things he said he knew nothing in reference to this matter that could do M`Leod any harm or any good. The statement which he makes of what he said, is some what qualified. It is remarked on the other hand that witnesses who are subpeeaned, frequently make careless observations, and that this person being a poor man, might wish to avoid attendance on this trial. This is very true that persons often make careless remarks, and had Drown made such a statement in presence of any one who could have excused him from attending here, then the plea of Counsel could have been entitled to greater regard from you. If in truth, the facts which he has here stated, were remembered by him at that time, then they were all facts material, and he could not have said consistently with truth, that he knew no thing of sufficient importance to harm or benefit the prisoner. This, Gentlemen, is the extent of that in dividual's testimony. You are to take it into your con sideration, and are to exercise your judgment in refer ence to the effect it may have in detracting from your confidence in the evidence of Drown. I may add, that in order to restore your confidence in Drown, Bates was questioned, and in reply stated that that individual's character for veracity had latterly improved ; that formerly he had been an intem perate man, but was now reformed. The next wit ness, Gentlemen, is Isaac P. Corson. He is a native of this State, a carpenter by trade—he had been at Chippewa in prosecution of his business—he testifies that he was at Macklin's store on the after noon of the 29th of December, 1837 ; and he there saw Mozier, Usher, and the prisoner—that about nine o'clock, he saw the prisoner passing out of Davis's— that he also saw him next morning at sunrise with others on the " stoop"—that he was at some little aistance— that he could see only his head and shoulders—that he was telling of his exploits—and saying that he had killed a d—d Yankee—that he saw him again two or three days afterwards—that he then said he would like to be on another such expedition and burn Buffalo. This is an analysis of this witness's testimony, which is spread over several pages of my minutes. You will recollect, Gen tlemen, this witness's cross-examination, and will judge how far that weakened the force of the statements piade by him on his direct examination. There is, however, one point which demands your particular attention. This witness was inquired of as to who else were present when he heard M`Leod flourishing and boasting of having killed .a Yankee—at first the witness could not recollect any one—at length he said he could name one Caswell— he was then asked whether he was present at this trial, and he said yes—he was then asked when it first oc curred to him that he saw Caswell there, that morning, and he confessed that it was that very moment—the cross-examination was protracted, and in the course of it came out that he had conversed with Caswell as late as the morning of the day on which he testified on the stand before you— that they talked of the affair of the Caroline, and that Caswell informed him that he was there that morning. It may be that that was all tine, and that it really did not occur to him that Cassell was there till the moment that the question was put to him. But you are to judge of that. The next witness is Charles Parkes, bar-keeper at Davis's tavern—lie testifies that the prisoner went to bed at Davis's tavern early in the day, and got up be tween eight and nine o'clock in the evening—that a gen tleman called for him, and he went out—that half an hour or three quarters of an hour afterwards he saw him be tween Davis's and the Chippewa Creek—that a good many people were on the road—that M'Leod went into one of the boats—that at about sunrise next morning he saw him at Davis's—that he again saw him a few days afterwards in the officers' mess -room, and there heard him say that he had killed a d—d Yankee, or something like that. At the close of his examination this witness was asked whether he could say with consi derable icertainty say that he saw ll‘Leod at the " Cut," and he said he could ; he was Asked further, and said he had no doubt of it. lie also states that it was pretty dark that night, and testifies also to other things, on ac count of which the counsel for the prisoner contends you should take his testimony with considerable grains of allowance ; lie testifies as to his knowledge of M'Leod, and among other things says that he once went to see him in . company with a brother-in-law, whom he accompanied as a witness in case his evidence would be necessary—that money was paid to M`Leod ; but that although he went as a witness, he cannot recollect the amount of the money paid on the occasion. It is also argued that this witness tells a very extraordinary story in relation to the manner in which he has been- induced to appear here ; that he started from home to make certain purchases in Buffalo ; that he suspected some one who accosted him •n the way with the design of arresting him to ensure his at tendance as a witness on this trial— that he returned home—again set out and was arrested in Buffalo before he had time to transact any business—that, further, he was ignorant of the laws of this State, and was so frightened by the alleged representations of Mr. Haw ley, that he (Mr. H.) had power to enforce his atten dance here, that he consented to come. All this may or may not be the truth. This witness also testifies that he was solicited to come here by persons religiously op posed to bearing arms. Now, Gentlemen, I have no opinion to express on these matters. You are the sole judges of this testimony, and with you I-leave it. The next witness is Caswell—he whom Corson spoke of, and he testifies in substance that he also saw M`Leod that morning at Davis's tavern. Then comes Quimby— he is the witness from Pennsylvania—he testifies that he resided some two miles from Chippewa—that he was there on the 29th with a load of hay, which he sold to the government—that he did not get paid for it at the time of the sale—that he remained till evening, and in the course of the evening saw the prisoner at Davis's tavern—that he remained there from nine till ten o'clock—that he then started for home—stopped at Pettis, about a mile off, all night—that he then turned back, and was again in Chippewa between day light and sunrise ; that he went back to get payment for his hay at the Commissary's Office ; that he was going there when he saw M'Leod • that he saw hi m on t h e " ridge," and that he there heard him boast of his ex ploits on the Caroline, and heard him declare that there was the blood of a Yankee on his sleeve. He is ques tioned then as to whether he expected to receive pay ment for his hay at that early hour, and whether there were any persons in the office, and he said there were not; that he wished to be there in good season, but did not, after all, get paid, and finally went home. But, Gentle men, it seems, according to the testimony of Mr. Lott, of Lottsville, Pa., that on one occasion this Quimby came with another person for the purpose of making an affida vit before Mr. Lott, who is a magistrate, and that that gentleman refused to take the affidavit, because Quimby was unworthy of credit; that he went to another magis trate, by whom the affidavit was taken and sent on. Lott says that he resides in Lottsville; that the repu tation of the witness, Quimby, while resident there, was very bad ; that he was not to be believed on oath; and that in informing the prisoner's counsel of his character, he (Mr. L.) had no private motives of ma lice or revenge to gratify. Now it is said, and it is true, that ordinarily a witness to invalidate the testi mony of another, should be called from the neighbour hood. But you are the arbiters of this question, and res e isot m in your hands I leave it. The evidence of Seth Hun man, for whatever it is worth, is also before you. When examined before, he said M`Leod was not seen by him that then caned now swears he was. You will give this th e cre di t you deem it deserves. Justice F. T. Ste vens andnight d htin question, sueresssrtnio.n,laniedtestthiafiteshtehsaatwhethwreaes present n beats go out and return, and he distinctly and and posi tively swea rs t h at he saw M`Leod disembark b the bea con light. Th a t i s a statement which is not contradicted by any other wit ness , and is, on h the statements of all th e - other witnesses tra e c s o se n so r h y, h ho o th s to sides. It cannot be true. He. was dismissed from the stand without cross-examination. lie has testified to what is a deliberate falsehood—a falsehood for which the he palli ating plea of the probability of mistake cannot of fered. Leonard Anson:is the next witness. H e swears that he saw M`Leod at the bar in Davis' tavern —that there were others there who took part in the expediti on against the Caroline, each boasting as to who had cons 'flitted the greatest crime—that there he saw M`Leod draw out his pistol, and declare that he had killed a d—d Yankee, and that he pointed out the blood on the stock of the pistol. This, it is contended on the part of the prisoner, is an improbable story—. that he could not have seen the blood on the pistol ; and other considerations have . been submitted to you in relation to the testimony of this individual which it is unnecessary for me to dwell upon now. You are the judges of their weight, and the atten tion which should be given them. These are, I believe, the only witnesses belonging to the first class of evi dence ; that is, these are the only witnesses, who testify of their own knowledge, as to facts unallied with confessions, which go to connect M'Lood with this enterprise. And the prisoner's ou nsel contend that some of these witnesses hare been impeached, and that others have appeared in very doubtful circumstances— that the. darkness of the night was a very good reason why no very great confidence should be placed in the statements of those testifying so positively that they recognised ISPLeod with such certainty ; and that which they have thus proved is enough to throw some shade of suspicion on the whole. That is the view taken of it by the prisoner's Counsel. Whilst on the other hand, the Counsel for the prosecution insist that it is a mass of testimony which you must believe, and which, believing, you cannot doubt the fact of the pri soner's guilt. It is your province to criticize all this and pass u p on it. Th e ot h er b ranc h o f the evidence is that contained in the confessions of the prisoner ; and there is a principle of law—applicable to that de scription of evidence to which the Counsel for the pri soner has directed your attention—that confessions are in themselves the most surprising kind of evidence, easily fabricated, and difficult to be disproved, liable to be mis taken, partially heard, partially remembered, and unless corroborated by other testimony, the rule adopted by the elementary writers, and sanctioned by the most distin guished jurists, is, that they are the most unsafe descrip tion of testimony. Nevertheless they are competent to be weighed, judged of, and passed upon like all the other evidence in the case. I therefore, Gentle men, call your attention to the evidence of Henry Myers, and I would admonish you that one rule by which you are to test the declarations of witnesses is, that you are to see whether they are probable—like what men in like circumstances would do, He testifies that on one occasion, whilst he was passing Niagara Falls, he stopped at a tavern and saw M'Lleod with a number of others— that M'Leod was accosted by name by another of the party—that he boasted that he had killed one d—d Yankee, or rebel, and that he compelled the witness to "treat" the party. You will judge of the credibility of this witness's story; but there is one thing he said which has not been noticed by any of the counsel, and which may aid you in passing judgment on his evidence—he said that he marked the features of M'Leod well, as he determined to use him in a similar manner if ever he got him on this side of the frontier. The next witness is Calvin Willson. He is the keeper of a ferry at Youngs town in Canada, and he says that a few days after the destruction of the Caroline he went over to Canada— went into a house where was a person of the name of Raincock, M'Leod, and others whom he named, who had been actors in that transaction, and that M'Leod said one of the d—d rebels got shot on the wharf. This witness has been cross-examined at length, and confessed that though a poor man with a family he had given 200 dollars to the "Patriot" cause, and de clined answering whether or not he had harboured the notorious Lett. To rebut his testimony, a re spectable inhabitant of the town of Niagara, named Hamilton, was produced, and testified that he well knew Raincock, and that that individual was absent in England at the time specified by Willson. The next witness worthy of notice is Timothy Wheaton. He was called by permission after the prosecution rested, the Attorney General supposing that there had been a reservation in favour of this witness. He deposes that about a year before he had gone from Whilby, Canada, where he lived, to Niagara—was near the ferry—saw M`Leod coming up from the water side, and the witness remarked to him that the sentinels had a hard time of it—that they then talked of the Navy Islanders—and about their number—that M`Leod said they never would heve the Caroline there again, and added that he was the second or third man who boarded her ; that then some person, a stranger to witness, interrupted the con versation by taking M'Leod off ; that he (the witness) turned from the ferry, recollecting he had not a pass, and went back to the town. Gentlemen, you are carefully to examine this evidence and decide according to your con scientious conviction of the truth as it really is. If you believe this evidence, notwithstanding some objections to it, and notwithstanding, some deductions which are to be made ; if you believe that it does after all present to you an amount of evidence which is sufficient to call up the prisoner to answer, then you are to take into consideration the defence opened before you. And it is undeniable that in looking at this mass of evidence there is much of it that appears questionable, and much of it remains that is not powerfully attacked and that does bear very hard on the question of the prisoner's guilt. But passing from this you are then to look at the prisoner's side, because it is the right of every man put on trial here to present his witnesses, have them examined, and if he succeed in establishing the de fence, to have the full benefit of it. That defence, Gen tlemen, is what is called an alibi. It is, in other words, that he had no part or lot—no sort of participation in this enterprise. And this, after the disposal of the first qu'estion already passed upon, is the only other ground of defence that exists. And in my judgment, no degree of suspicion should attach to it as an original defence, because it is, as I have just said, the only defence that remains for the prisoner at the bar. If he were, in truth, upon the expedition, then is he guilty, and so you mnst pronounce him. But, Gentlemen, if he was at that time five, six, or seven miles distant—if he had no participa• don in that enterprise, then the same great principles of justice require that you should pronounce him innocent. The evidence sustaining this defence consists of the de positions of individuals avowedly participating in the expedition ; and, secondly, of the oral testimony of several individuals showing, or tending to show. that M'Leod was during the execution of this enter prise at a distant spot, in another town. First, then, with regard to the evidence of the commissions. The prisoner's Counsel is right in telling you that evidence taken in this way is, and should be, less satisfactory than that given personally before you. But so far as the de positions themselves go to describe the individuals testi fying, you may derive some information respecting the standing and character of these individuals. Some of them are lawyers—some of them mariners—and some of them officers in her Majesty's service ; and by their description, they should all be men of character and re sponsibility. It has been said that this commission was a "roving commission ;" that witnesses were examined whose names had not been returned; but there was in the spirit of liberality, and by consent, a stipulation made that more witnesses than those named might be examined. It was also hinted that some suspicion should attach to those depositions, from the manner in which they had been made up. [The learned Judge here described the man ner in which the commissions were executed, and showed that no suspicion could properly rest upon them. He then proceeded.] The Attorney-General has criticised the testimony of these deponents with great minuteness, and equally great ability. He has pointed out where the witnesses have contradicted each other, or the truth. For instance, some saying that resistance was made on board the boat, whereas it has been shown that there was no resistance. If the witnesses swore so, knowing that they were swearing falsely, that will of course detract from their credibility. But Wells himself testifies that he overheard the sounds of fighting, and that in the dark ness or the night and in the confusion of the melee, they all taking a part, had mistaken each other for the occu pants of the boat, and that they fought together. If that were true, then it would not follow that in testifying as to resistance encountered on board the boat they were not false in the corrupt sense of the term. Passing from this, there is this other consideration which must strike you in the outset. If, when Alexander M'Leod sued out this commission, and directed the Commissioners to ex amine persons who had been in each of the boats, and if in truth he had been present there himself, he must be a bold man, indeed ; because he must have supposed, that the Commissioners would either have taken only those who could not see in the dark, whether he was there or no, or that the men would have been so corrupt as to swear falsely, to extricate him from the punishment of his crime. But this is no further evidence than as it is a portion of the history of the transaction ; and with these views you are to take up the testimony, and ascer tain, after solemn inquiry, how much credit you should give these witnesses. It is undoubtedly true, Gentle men, that Sears cannot say, with any degree of certain ty, that M'Leod was not on board the expedition. It is equally true, that M'Nab cannot say so, although he su perintended the embarkation of the persons engaged in the enterprise. None but the All-seeing eye could pene trate the darkness that shrouded those there associated. But then there are one or two gentlemen from among the inmates of each particular boat, who have' een exa mined. Some of them knew M'Leod well before that time ; others became acquainted with him afterwards ; some talked with and recognised all their associates and they all testified that M'Leod was not amongst them on that night. Now, Gentlemen, it is proper that you should apply the rule distinguishing be tween positive and negative testimony. It is true that where one man swears he did see another at any parti cular spot and period, it is more satisfactory than when he can only say that the other was not there. But you will take into consideration the reasons which would lead you to believe that the crews of each of the boats must have well known each other, and so pass a correct opinion as to their credibility when they say positively that M'Leod was not amongst them. With this re mark, I leave in your hands this portion of the prisoner's defence. We come now to the proof of an alibi, which if sustained, can leave no doubt of the prisoner's inno cence, unless you can believe him gifted with übiquity. The first witness to prove this is William Press. He swears that he conveyed the prisoner and another person to Niagara on the day of the destruction of the Caroline; that he knows it to be that day from the fact of having made an entry of the transaction in his cash book under that date ; that he conveyed time prisoner in the evening as far as Stamford, on the way back to Chippewa ; that there prisoner alighted from the waggon, and went to the house of Captain John Morrison. William Stickney was called, and corroborated the evidence of Press, and both, I may add, corroborate the statement of Hamilton respecting Raincock's having left for Europe before the commencement of the troubles in Canada. The family of Capt. Morrison and himself swear positively to M'Leod's being there on the night of Dec. 29 ; Capt. Morrison states that he is enabled to fix the day from the circum stance that his friend Colonel Cameron called at his gate early next morning, and informed him of the de struction of the Caroline, and gave him a fragment of the rains which he had found in an eddy below the Falls — that he told this to M'Leod, whom he found half dressed iu the parlour where he had slept during the night— that M'Leod was electrified, and, calling for his horse, purposed to leave immediately, but finally remained for breakfast, after which he went on his way. Then comes the witness Gilkinson—that he met M`Leod on the day after the destruction of the Caroline, on the road from Stamford—that they rode up together to opposite Navy Island, from which they were fired on ; that one of the balls was picked up and handed to M`Leod, who carried it with him ; and Sears, you will recollect, states that on this day he saw M'Leod and another person riding along that way, and that they were fired on from Navy Island. This testimony is also corroborated by that of Mr. M'Lean. This is the aggregate of the testimony, r Gentlemen, on the part of the defence. The evidence of the Morrisons, and tho decla rations of M'Leod on hi s exam i na ti on , have been sub mitted to you, and criticised by the Attorney-General with great ability. If he has satisfied you that the Mor risons may have been mistaken as to dates, and in par ticular, in reference to this great epoch •, and that the other witnesses confronting them, may have also been mistaken, then your confidence in this portion of the testimony vanishes. But if you decide on just grounds, otherwise, then it should, I think, be deemed satisfac tory in establishing the innocence of the prisoner. (Mr. Spencer here requested the Court to charge the Jury that the deposition of Colonel Cameron corrobo rated essentially the statement of Captain Morrison ; which his Honour did and proceeded.) But, Gentlemen, if, even after all, though the . prisoner may, in your opi nion, have failed completely in proving an alibi, yet if ho have raised sufficient doubt as to his guilt, he is to have the full benefit of that doubt. The law never divides between the living and the dead—never consigns an in dividual to the tomb without an overwhelming amount of evidence to prove the guilt of the accused. :In this spirit you are now to consider the evidence which I have brifly reviewed before you. And now, Gentlemen, my task is performed. Your duty remains to be done, and it is one of the most solemn trusts that can ever be reposed in the citizen. You are to take the case into your deliberate .consideration. You are to weigh and decide on every part,and portion of it. You are to call into exercise your„best powers of judgment, regardless of rumours which may have reached your ears—regard less of every consideration, except that of the guiding principle of justice and impartiality. And when you shall have come to your decision, and declared where the truth lies, then, with an independence that will honour you, and With the noble integrity that your coun try expects you to exhibit, you will pronounce your ver dict. And, 'then, I trust that all who have witnessed the trial—the ability with which it has been conducted, and your patience in attending to it—will be satisfied. If the-evidence will lead you to say that he is guilty, then, although your decision should wrap your country in the flames of war, you will fearlessly pronounce it. On the other hand, if he be innocent you will pronounce, him so, regardless of threats or murmurs, or fear of re buke ; and may the God of truth enable you to decide according to those principles of truth and equity, which are the foundations of the eternal Union. The Learned Judge concluded his charge at four o'clock, having occupied two hours precisely. The Jury then retired in the charge of an officer, and after being absent about thirty minutes, returned into Court, having agreed upon their verdict. Mr. Root, the Clerk of the Court, having called over their names, inquired, " Gentlemen of the Jury, have you agreed upon your verdict ?" Mr. Thurber, the Foreman—We have. Mr. Root—How say you ; do you find Alexander M‘Leod, the prisoner at the bar, guilty or not guilty ? Mr. Thurber—NOT GUILTY. Mr. Root recorded the verdict, and then said, Gentle men of the Jury, hearken to your verdict as the Court hath recorded it ; you say that he is not guilty, and so you say all. Tho Jurors nodded assent. 'When the Jurors rt-pirned with their verdict there were very few persons remaining in Court, and there was no exhibition of feeling from any quarter, except with the prisoner's . CounSel, who apparently felt relieved from the great repoiisibility under which they had been placed, and satisfaction with the result of their labours. M'Leod left the Court in company with his Counsel and several Canadian gentlemen, his personal friends, and proceeded to l3agg's Hotel, but not again to the safo keeping of the Sheriff. He took tea with the same gen tlemen at the public table, and now created more in terest than when his life and the peace of two great na tions were dependent on the, judgment of twelve Oneida Jurors. It was 'understood that the Jury were each prepared with their verdict on leaving the Jury box, and their absence froni the Court for thirty minutes was not occasioned by a Single doubt of what their duty required them to do. EIS MAJESTY the EMPEROR of AUSTRIA, His MAJESTY the EMPEROR of RUSSIA, His MAJESTY the KING of PRUSSIA, having AUTHORISED and GUARANTEED several DIS TRIBUTIONS of MONEY DIVIDENDS, which (though they are NO LOTTERIES) offer many possibilities of obtain. ing LARGE FORTUNES, HEINE BROTHERS, at HAMBURGH sod ,Itt LUBECK, ire now SELLING ORIGINAL BONDS for the said DIS- T RIBU TION S. Persons desirous to purchase for the Next Distributions :stay receive, PREVIO US to giving any orders, the PRO SPECTUS and PARTICULARS, upon eddressing a line to HEINE BROTHERS. The NEXT AUSTRIAN DISTRIBUTION contains DI VIDENDS of 4:25,000 £6OO £llO.. £7O 5,000 400 100 60 1,500 200 90 50 1,000 150 80 Sterling. 800 120 HEINE BROTHERS having remitted during a short time .5,0001.,18,0001., 9,000/, 5,0001., 3,600/., &c. &c. &c., to London ; 3,6001., 800/., and 7Q01., to Edinburgh ; 3,6001. to Dublin ; 3,6001. to Beverley; 3,6001. to Halifax (Yorkshire); 1,2001. to Portleaven Harbour ; 9001., 700/. and 6001. to Li verpool ; 900/. to Newcastle-upon-Tyne ; 900/. to Hull ; 9001. and 600/. to Manchester ; 7001. to East Retford (Not tinghamshire); 600/. to Bideford ; 6001. to Cork ; 6001. to Bradford ; they shall feel glad to remit many Dividends of the next Distribution to England, Ireland, and Scotland. Direct for Prospectus and Particulars, without delay, either to HEINE BROTHERS, at HAMBURGH, or to HEINE BROTHERS, at LUBECK. COMMERCIAL NEWS. NEW YORK MONEY MARKET, OCT. 14.—There was very little done in Stocks at the Board to-day, and prices did pot materially vary. Delaware and Hudson im proved ; Mohawk declined ; Indiana Bonds de clined There were sales of 2,000 sovereigns at $4 85c., a decline of I from the sales made yesterday. At Boston sales of stocks were made yesterday as fol lows $4,000 Boston City 5 per cent. Stock, payable 1855, par, $1,500 do. do. do. do, payable 1846, 4p. ct. adv. $5,000 Mass. State 5 per ct. stock, papable in 1857, 971 pct. The rates of sterling exchange have not materially changed since the last packet day. The price for prime bills is 10 per cent. and francs have improved to sf. 15c., but the amount transmitted by the Boston steamer, the bags for which close' at 3 o'clock to-morrow (Friday), will not be large. There was seine drawing of specie from the Debtors, Banks to-day for remittance, and the amount shipped will not be far from 500,000 dollars. The Wellington has on board for London 208,000 dollars. This is a mere trifle, however, and will in no wise inconvenience the banks, which are overflowing with specie , and must continue so to be, while the specie' of the whole union is driven here by the irredeemable currency of the South and West. The peo ple of those sections continue to prefer the depreciated paper of frudulently insolvent banks to the currency of the Constitution. The consequence is, that new York hav ing a superfluity of specie, it goes to Europe, because it is more in demand there than in those States where the community reject it in favour of Bank rags ; at the same time they complain of what they call high rates of exchange. Nearly 50.000 dollars arrived here yesterday from New Orleans, where the people tolerate the shin plasters. The Bank of New York hss declared a dividend of four per cent. for the last six mouths, payable Nov. 1. RATE OF SALES AT THE STOCK EXCHANGE. $2,000 Water Stook, 1870 3,000 Kentucky Bonds 1,700 Indiana 1). Bonds .. 75 Shares Delaware and Hudson ...s 15 104 , 1 30 Ditto Mechanics' Banking Association 16 Ditto American Exchange Bank 50 Ditto United States' Bank 100 Ditto Vicksburgh Bank 16 Ditto Mohawk Railroad 50 Ditto Paterson Railroad 125 Ditto New Jersey Railroad 25 Ditto Canton Company s6O 28i 200 Ditto Harlem Railroad nw 151,- 50 Ditto Low* Island 52 20 Ditto Auburn and Rochdale s 104 2,000 Sovereigns .... SECOND BOARD. 890 Shares Long Island . 52 t ; - Harlem 350 Ditto .ari . 20 Ditto Manhattan Bank 35 Ditto Delaware and Hudson 50 Ditto Paterson MONEY and COMMERCIAL NEWS CITY, TWELVE O'CLOCK. - - LIVERPOOL COTTON MA REET, OCT 29.—The Cotton mar ket has been without animation throughout the week, and the middle and lower qualities of American are id. lower ; in point of fact, prices to-day are the same as they were this day fort night. Egyptians are stationary, at:last week's quotations; but Brazils are rather, easier to buy. Surat is without change. Sea Islands also. 1,000 Surat are announced for auction on Friday next. There have been taken on speculation 1,600 American, and 150 Surat, and for exportation 600 Surat. LIVERPOOL SHARE MARKET, OCT. 29.—We have only two transactions to notice. Grand Junction Half Shares, 95i; London and South Western Consolidated Shares, 261. MANCHESTER STOCK EXCHANGE, OCT. 29. Our Market to-day has been very quiet, and the demand for Shares but limited; the only transaction reported is in North Midland Half Shares, 324. ROYAL SURREY THEATRE. UNDER THE MANAGEMENT OF MR. DAVIDGE - AND MR. WILLIS JONES. Wonderful Novelty ! Two Equestrian Spectacles in one Even ing. " Blenheim" at Half-price, and more New Scenes in the Circle. THIS EVENING, OCT. 30, Will be presented the gorgeous Equestrian Spectacle, entitled CHARLEMAGNE ; THE STEED OF CHIVALRY ! introducing Mr. Ducrow's magnificent Stud of Forty Horses, Mealy-trained Palfrey a, Fairy Pomp. Equestrian Troop, and Companies of both Theatres. After which, NEW SCENES IN THE CIRCLE, in the Largest Arena in the World, in which Madame Ducrow, Sig nor Hillier, the Great American Rider, the British Horseman, Signor Felix Carlo, and the First Artistes in Europe will appear. To conclude with THE BATTLE OF BLENHEIM ; OR, THE HORSE OF THE DISINHERITED • embracing all the Military Exploits of the Great Duke of ? Marlborough, Grand Reviews, Battles, and Glorious Victories. THE FUNDS. The favourable news from the United States, brought by the Acadia steamer, has caused a considerable improvement in the British Stock Market. Consols for the Account, which left off last evening at 88 to ;I. opened this morning 883 I, and are now quoted at 884 3, and for Money, 88% 3. In the Foreign Market, with the exception of a slight im provement in Speriish Stock, there is no alteration to notice. Spanish are n0w120 5 /g 3 ; Passive, 4g 3 ; Deferred, 103 1 / 2 ; Portuguese Five per Cents., 293 3 ; Ditto Three per Cents., 173 to 18*; Bra* . ilian, 55 57 ; Colombian, 19 to h. In the Share Market there is nothing doing, and the prices remain the same 'as yesterday. Great Western are marked 10 1 / a to 11 1 ,4 premium. London and Brighton, 313 3 per share, .and London and Blackwall, 8 to 83. PRICES OF SHARES THIS DAY AT ONE. RAILWAYS. Paid. Per Share. Great Western Ditto Fifths London and Brighton London and Birmingham ... 90 Ditto Thirds North Midland Ditto New COURSE OF EXCHAD Amsterdam CF. 12 7i Ditto, at sight Rotterdam .........2 U l2 8 Antwerp l2 6i Hamburgh M. B. 13 13i Altona Paris, 3 days' sight Ditto, 3 months 25 80 Marseilles Bourdeaux 25 85 Frankfort on Blaine... 1501 Petersburgh, 3Us ... 37i Berlin... 7 4GE—(YESTERDAY). Gibraltar Leghorn .. (Genoa . 25 85 Milan Venice 47 (j"Naples Palermo, per oz 1181 Lisbon l Oporto s2i ;Rio Janeiro 27 !Bahia Buenos Ayres New York, 21 days sight Obi Vienna, effec. fl 3 IV. 956 Trieste, ditto 9 58 Madrid ... I Philadelphia 46 PRICES OF BULLION, FEB, OZ Portugal Gold Coin £3 17 5 Cadiz Bilbao 36 Foreign - Gold, bars 3 17 9 New Doubloons 0 0 0 Barcelona New Dollars 0 4 103 Seville ... 36 ;liver in Bars... 0 41 HALF PAST ONE. There has been but little doing in the Stock Markets since the early part of the morning, without any material variation. Consols for Money are 883 and for the Account, 88g ; Three per Cents. Reduced, Ni ; Bank Stock, 1646 ; India Stock, 2443 f ; and India Bonds, par to 2 prem. Spanish Active Stock, 203 i; Passive, 4 ; Dutch Two and•a-llalf per Cents., 51i ; Portuguese Five per Cents., 293 ; Ditto Three per Cents., nothing done ; Mexican, 25 In the Share Market the only business doing is in Brighton Railway Shares, which were last quoted at 35 per share. Lon don and South Western, 52, and North Midland, New, 321/2. QUARTER TO TWO. Consols, money, 88% ;1; Account, 88%; Mexican, 25 1 4 ; Spanish, 20% %. QUARTER TO THREE. Everything looks cheerful in the City on account of tin pleasing news from America, and the produce and mercantile markets are expected to assume a very different appearance next week to that which has characterised them for some time past. It is to be hoped we may yet have an increase of ac tivity in the manufacturtng districts, so as to alleviate the dis tress of the operatives. CRIMINAL COURT (THIS DAY) Richard Eustuce, and Mary Ann Hazard, were triec. for the murder of William Hazard, the husband of tin female prisoner,, at Deptford, on the 15th of Septembe► last. All the particulars have already appeared in The Sun. After a lengthened investigation, the Judge de clared there was no evidence against the prisoners, and the Jury accordingly returned a verdict of " Not guilty." BRIGHTON RAILWAY.- -Inqui ri e s LW — . . -Inquines having been made respecting the course taken by the Board of Directors of the London and Brighton Railway Com pany, consequently upon the conviction of Beadle, one of the guards of the Company, by the Croydon Magis trates, we are authorised to state that at the first meeting of the Directors after the conviction, he was dis missed the service of the Company. LONDON: SATURDAY, OCTOBER 30, 1841. The trial of NPLEon by the State of New York is over at last. It commenced on the 4th inst. at Utica, and closed on the 14th, when the prisoner was acquitted. The great length at which we have given the report:of the proceedings pre vents us from making any comment upon them. Ef we overlook the important fact that the Court assumed a jurisdiction in this case which it most certainly did not possess—viz., the right to try M'LEon at all; we must admit that its proceedings throughout were dignified, decorous, and. impartial. The defence was exceedingly yell conducted ; and in Mr. SPENCER, the pri goner had an advocate who would do credit to the bar of any country. A doubt, it appears, prevails in some quarters whether the Gem - eminent will pay the fraudulent Exchequer bills put into circulation, or whether the holders of those bills will have to bear the !oss. In the case of ROBERT ASLETT, the Judges 'geld that " the Exchequer bills were valid, for they were issued under authority of Govern ment, and the holder had a claim on the justice )f the Government for payment." That was the )pinion of the Judges in answer to a doubt raised, wcause those bills had been signed with the !ame of Lord GRENVILLE, by a person not le sally authorised, and so far, therefore, as the NEW NOVEL by THE AUTHOR of " COUSIN GEOFFREY." Just ready, in Three Vols., post octavo, THE MATCH-MAKER, By the Author of " Cousin Geoffrey," " The Marrying Man," &e. Henry Colburn, Publisher, 13, GrealMarlborough-street. NEW VOLUME OF COLBURN'S STANDARD. NOVELISTS. On the let of November, witk the Magazines, HOOK'S GURNEY MARRIED, A SEQUEL to " GILBERT GURNEY." Complete in 1 vol., with 2 Illustrations, price only 6s. bound. Henry Colburn, Publisher, 13, Great Marlborough-street. EDITED BY THOMAS HOOD, ESQ. THE NOVEMBER NUMBER OF COL BUR N'S NEW MONTHLY MAGAZINE AND HUMORIST, Edited by THOMAS HOOD, Esq., Contains the following interesting Articles : The Happiest Man in England, a Sketch on the Road, by the Editor. The Advantages of belonging to a Club ; or, what pay I Six Guineas a ,ear for ? Exemplified by Extracts from the Diary of Hector Boreall, Esq„ a Member of the Pangrow leon Club, by John Poole, Esq. Graduates and Under-graduates ; or, The _Proctor's Note Rook, by the Author of " Peter Priggins." No. 2. The History of Lady Fleshington Free Liver. Jacques Cocast, the Hunchback Philosopher, by Douglas Jer rold, Esq. A Visit to the Birth Place of David Wilkie. A French Pic Nic. PHINEAS QUIDDY; • Or, Sheer Industry. By John Poole, Esq., Author of " Paul Pt y." Chapter Xl.—More Sheer Industry—The Agonies of Com pwition. Chapter Xll.—Our hero takes a lodger—A New View of Sheer Industry opened—A Digression touching the prevalent habit of Smoking. Chapter XIII.—An Ingenious Expedient for lending Money to great Advantage. Bajazet Gag; or, the Manager in Search of a Star, by Doug las Jerrold, Esq. A Strange Passage in the Life of Charles Welford, Esq. Drawing-room Amusements. Charles Chesterfield, the Youth of Genius, by Mrs. Trollope. Concluded. With an Illustration by Phiz. Henry Colburn, Publisher, 13, Great Marlborough-street. THEATRE ROYAL,_COVENT GARDEN. UsIDEICtieIIIAiIAGEMEisTT of MADAME VESTRIS, THIS EVENING, OCT. 30, Will be repeated, Colley Cibber's Comedy of SHE WOULD AND SHE WOULD NOT.—Don Manuel, Mr. W. Farren ; Don Philip, Mr. Cooper ; Don Octavio, Mr. Walter Lacy ; Trapanti, Mr. Harley; Hyppolyta, Mrs. Nisbett ; Flora, Mrs. Walter Lacy ; Rosara, Miss Cooper; Viletta, Mrs. Orger. To conclude with, compressed into Three Acts, the Comedy of WHAT WILL THE WORLD SAY ?—Hon. Chas. Nor wold, Mr. J. Vining ; Mr. Pye Hilary, Mr. C. Mathews ; Mr. Warner, Mr. Bartley ; Captain Scrope Tarradiddle, ;Mr. W. Farren ; Lady Norwold, Mrs. Glover ; Marian Mayley, Mrs. W. Lacy ; M►ss De Vere, Miss Cooper ; Tattle, Mrs. Orger ; Mrs. Tarradiddle, Mrs. Humby. Doors to te epened at half-past Six—the performances to commence at Seven. Dress Boxes, 7e. ; Second Price, 3s. 6d.; First and Second Circles, ss. ; Second Price, 2s. 6d. ; Pit, 35.; Second Price. 23.; Gallery is. Tickets and places for the Boxes to be taken of Mr. Grogan at the Box-office, from Ten till Four, where Season Tickets may be had upon application. Private Boxes to be had so!ely of Mr. Andrews, bookseller, 67 . New Bond-street. On Monday, The Midsummer Night's Dream, with Popping the Question; and Hans of Iceland. ROYAL VICTORIA THEATRE. UNDER THE DIRECTION OF MR. OSBALDISTON. Unprecedented and splendid Novelty, Variety, and Attraction, and first week of another New Domestic Drama of most in tense interest. THIS EVENING, OCT. 30, Will be performed an interesting DOmestie Drama, called SIMON LEE; OR, THE MURDER OF THE FIVE FIELDS COPSE. Simon Lee, Mr. E. F. Saville; Walter Hatherleigh, Mr. Dale ; Japhet Jones, Mr. Gardner ; Dicky Ding, Mr. Paul; Grace, Miss Vincent, the acknowledged Heroine of Domestic Drama. After which, a New Domestic Drama, entitled KATTY O'SHIEL, the FOLLOWER of the FAMILY. O'Dwyer, Mr. Dale ; Augustus, Mr. Seaman ; Guyton Gray, Mr. James ; and Katty O'Shiel, Miss Vincent. To conclude with THE FLOATING BEACON ; or, the NORWEGIAN WRECKERS. Jack Junk, Mr. E. F. Sa ville; Marriette, Mrs. Lee ; Christine, Mrs. Howard. Boxes, 23.—Pit, Is.—Grallery, 6d. Half-price to the Boxes only, at Half-past Eight. THE RAILWAY SUN. NOTICE.—A New Edition of the RAILWAY SUN is in preparation, and will be PUB LISHED in the course of NEXT WEEK. E CHINA SUN, AND THE PARLIAMENTARY SUN, ARE STILL ON SALE, PRICE SIXPENCE EACH. Sun Office, Oct. 30, 1841. TO CORRESPONDENTS. " A Subscriber, Norwich," is informed that the limita tion days apply only to newspapers sent out of the country. These must be posted within seven days after publication. We are obliged to another Norwich correspondent for his communication, which will be attended to on Monday. THE WEATHER.—Noox, OCTOBER 30. ROYAL GALLERY OF SCIENCE, ADELAIDE-STREET. Thermometer.. 47 1 Highest 47 I Lowest Barometer 29.76.—Wind N.E.—Freezing Point 22 Deg. HIGH WATER Al' LONDON BRIDGE 'lO-MORROW M ming 5 minutes after 2 Evening 23 minutes after 2. 4 3m itrWi.N> , , , orf#, sirr- , N& z 0/ 1 4." 1 "' etZtf.:l Vht bills issued by Mr. SMITH were illegally signed, that opinion would appear decisive of the ques tion that the Government should pay the bills. In Mr. ASLETT'S case, however, there was no question as to the bills having been issued by the authority of Government. They were so is sued, and it was because they were so issued that the Judges held them to be valid. The reverse is at present the case. The bills issued by Mr. SMITH were issued without, or in defiance of, the authority of Government ; and so far as the case of ASLETT is concerned, the opinion of the Judges would appear to warrant the Government in denying its responsibility. But some other and more important considera tions occur to us. Exchequer bills bear a re semblance to bank-notes, and the credit of the Government will be gone if it do not pay even the forgeries upon it. We apprehend the indict ment would run as in the case of a forgery of a bank-note, with intent to defraud the issuer of the bill or note, and, if so, we do not see how the individual or body authorising such an in dictment, can in reason object to pay the forged document. It will be quite impossible, by any kind of contrivance, to prevent Exchequer bills from being forged; and therefore it is indispen sible, in order to keep those documents in circu lation, that the Government should recognise the general principle of paying forged Exchequer bills put into circulation without its authority. In the present case, there are some peculiari ties which must be attended to. Mr. SMITH is supposed to have had confederates, and it seems certain that parties have taken the false Ex chequer bills, in deposit, and for loans, under very suspicious circumstances. Of course it would be manifestly unjust that either class of these wrongdoers should be able to recover any losses they may have sustained of the Govern ment. But wherever parties have, in an honest straightforward manner, in the ordinary way of business, become the possessors of these fraudu lent Exchequer bills, they should be paid as if the bills were genuine. In this case, it appears to us, that, subservient to the general principle of the Government responsibility, the payment, or non-payment, will mainly rest on the total ab sense, or not, of all suspicion as to the mode and manner of acquiring possession. When the officers of the Exchequer are in doubt as to their own signatures, when the fraudulent bills were printed on the Government paper with the Government types, and were such complete fac-similes of the genuine bills that the only means of detecting the fraud was that two bills bore the same number, or by com paring the bills with the counterfoils in the Ex chequer from which they were cut, neither of which tests could any individual apply, for it is stated that the forged bills always corresponded in ❑umber with bills which were known to be lodged in the vaults of the Bank and never came into circulation; when these bills were issued by a servant of the Government, like the clerk of a banker paying notes he had forged of his employer's over that employer's counter, and that servant was the person who would vouch, if any question arose, as to their genuineness—when all these circumstances are taken into considera tion, it seems to us that any person receiving those fraudulent bills in the ordinary way of bu siness, cannot, in reason, lie expected to incur a shilling loss by their being forgeries. On the whole, we are of opinion that Government ought to acknowledge its responsibility, accompanying that with an avowed determination to sift to the utmost the means by which the parties possess ing the bills came into possession, and only dis puting the payment when those means are open to suspicion. We must now make one remark on the Bank of England. Much is said about the loose man ner in which the business of the Exchequer Bill office is conducted, which certainly is as bad as possible, and it has been suggested that this business should be transferred to the Bank. But is this corporation free from blame ? It is said that 60,0001. of the fraudulent Exchequer bills have been received by the Bank in pay ment of the loan. It is also said that these fraudulent hills were doubles of bills in the possession of the Bank. Surely such a body should have, as in fact it has, a list of all the bills in its possession ; and surely there can be no excuse, with such a list in its possession, for the carelessness of its officers in taking bills which a comparison of the numbers of their own bills must have shown were liable to suspicion. According to the statement no other body or in dividual but the Bank had the means of as certaining the forgery, for the genuine doubles of the counterfeit bills were said to be in its possession. If it be true that it accepted 60,0001. worth of forged bills as a subscription to Mr. GOULBURN'S loan, the Bank of England, on the principle of not having used due diligence in the exercise of its business ought to suffer the loss. At any rate, we see in that sufficient evidence of carelessness to make us decide that the Bank of England ought not to have the business of issu ing Exchequer bills transferred to it. Report says that Mr. SMITH has carried on his fraudulent transactions for some years, and he must have had great confidence in the careless ness of the Bank, which, on coming into posses sion at any time of one of his bills could have de tected a fraud, to have kept so long at his work. If the practice have been continued for years, very strong evidence will be required to prove that the Bank has not been excessively careless in its mode of managing business. The discovery of Mr. SMITH'S fraud comes very opportunely, we think, in relation to a question which is now of great public interest. If we have a national bank, what can possibly screen us against forgery to as great, or a greater, ex tent than has been practised by Mr. Smut? In genuity, sharpened by cupidity—by an inces sant desire—will always overmaster ingenuity only encouraged by the cold dictates of duty, with a regularly paid salary. Forgery, there fore, would be practised, and might be prac tised, as in the case of Mr. SMITH, on a most exorbitant scale. The consequences of such a forgery of national bank paper in general circu lation, may be imagined by the vast confusion which the discovery of Mr.' SMITH'S fraud has caused amongst all the holders of Exchequer bills, who, in fact, are all the banks and all the moneyed classes in the kingdom. A forgery of private bank paper could neither be so exten sive nor so easy as a forgery of national bank paper, and certainly not so disastrous. The dis covery of Mr. SMITH'S fraud, therefore, has come opportunely to make the possibility of forging national bank notes to a great extent a most important consideration in the proposed plan of having one national establishment to issue all the promises to pay on demand which are put into circulation throughout the whole empire. We see by an advertisement in another part of The Sun that the forty-seventh anniversary of the acquittal of HARDY, TOOKE, and THELWALL, will be celebrated by a public dinner on the sth instant. That is an occasion which should be seized by all those who prize the liberty of the subject, to testify their devotion to the good cause, which was assailed in the person of those patriots. We live, we acknowledge with great pleasure, in happier times, and are no longer sub ject to those virulent prosecutions by which Toryism in its more truculent days sought, and sought in vain, to subdue the spirit of liberty. It is now far less fierce, and far more cunning. It seeks to attain the same object by bland devi ces. It fetters our hands and our feet, and " flogs us in the belly," for our own benefit. A s it cannot openly play the tyrant, it enacts the part of a parent, and curbs and chastises the infant people, or drills them into obedience, out of pure love and kindness. It is all calmness and "mature consideration." It rebukes our childish impa tience for more liberty and more food, and tells us with parental authority that we shall thrive all tire better by-and-bye, for now being restrained and starved. It has no other object, it assures us in the sweetest tones, than to protect the na- EVENING SUN ....••••••••....OMMOMNI!mm...." 0 tion. Though we are not much terrifie d by tb of the serpent, it is more dangerous this the ferocity of the lion and quite as much all energy is now required to overcome Toryism ll6 when it roared much louder fortv-sevea year ago, and was more openly ravenous than at pr i° e ' sent. We trust, therefore, that all those aq yet prize civil liberty, and think it as mach en dangered from the present combination of re" creant Whigs and smirking Tories, as it w ag from a similar combination, when those patriots were exposed to persecution, will profit by the, opportunity to testify their devotion to the goo d cause, and strengthen its adherents. No Chtil.rii man is announced, but we hope some per son be appointed who will do honour to the occ9bi°ll. In another part of !The Sun will be found a letter from that untiring opponent of the sliding scale, Earl FITZWILLIAM, making it quite that the duty on foreign corn rises, and is hig h ' not because corn is abundant, w hich is what the law-maker professes, but because it is bad. The more wheat there is sold, which is small ia t he grain, damp, and mouldy, fit only for hog' s meat' the higher rises the•duty, and the more grill' gently is good foreign corn kept out of th e cowl" try. They must be wise law-makers wh o coac h that; and we thank Earl FITZWILLIAM very Ole foV making their wisdom so apparent. The Paris Journals of Thursday_ have 811 reached us. What interesting• - news they br - will be found in our Foreign Summary. How THE POOR ARE BURIED BY THE 1 3 000 10 CHURCH.—One day last week, a person, on whose ve il , city we can rely, went into a church - yard , St. Or; Wood, attracted there by a few persons assenlb,e;ii Presently one coffin was brought out of the c hurch , a second, then a third, and then a fourth, ands oon c all, nine coffins—six of children, and three of golvll k p e l , sons—which were placed in one truck. Speedily tsP„, followed a few persons without an t m of mouruinge'n decorum—in truth, a ragged pauper mob—and, t i e cl came the parson. The truck was immediately T oo Off to a distant part of the church-yard, a"" ," ) , e 0 one hole were the nine bodies cast. The pars° s hurried through the burial service, our informant say reading only a part or it ; but, perhaps, that is e t fi e s take, and then earth was throWn in, and the ni ne "71 lea were hidden. As they were placed in this hole is girl, pointing to one of the little coffins, said " therefore'l° our's, mother." There was a mother present, d and a sister; to note the way in which the Chur ch 1 1 '0 the parish treated their child and sister, will now learn with some indignation, we weer', bow t he Church and Parish shoot the poor into a hole, lll l ,i e r earth in bulk. Our informant, one of the btu:awn-a classes, was indignant at the unseemly exhibition,, declared that she would submit to any strait whil e to be spared such an indignity when dead. There Istbe; while the pu doubt great distress and no little mortality among crue , poor, but this scene reminds us of the time of the pl* ii 3 O As there is no plague now, however, we cannot bet an apology for this conduct by the poor man's Chore fol. CRIME IN THE AGRICULTURAL COUNTIES.---T he .,- , lowing pargraph is going the round. Of the Tory P e r i t ies, " In Berkshire, as in most of the agricultural CO 4III OO there has been a great decrease of crime of lat e ' this number of prisoners in Reading gaol, in October ( jo t year is 138, whilst in the corresponding qua rter ° veri year there were 209, and of this' number but small proportion could read and write, and fully one-ttrae could not read at all." Whether this paragraph be i rov e or not, the object of the persons who publish it is tc', a slur on the morality of the Manufacturin, (bs",:,rs, The landlords first reduce the labouring manaset.,u'eity, by their iniquitous enactments, to the deepest I),T ii i is and then set their scribes to calumniate them• a part of their abominable system of decrying ife rs, factures. Let them do justice to the manufsett' u-e let them allow the manufacturing labourers the free of their honest industry, and to enjoy their oiceirt.js perty, and they will be more moral than the isnw° themselves. TILE MARKLTS-THIS DA Y ' NEWGATE AND LEADENHALL• ta' trs'-16 There was a moderate supply of Beef 'and Mutton, $ was dull and prices lower.. For Veal and Pork ther e good demand, and prices were fully maintained. Bee's k S 4l to 3s 10d; Mutton, 3s to 4s ; Veal, 33 8d to 4s 8 d; r o , r to 55 2d per stone of 81b. Poultry and Game were ra ' n i b, olr rate supply and demand, and former rates were ge ne tained. Eggs at previous rates. WHITECHAPEL MARKET. e ve, Pork was the only meat, that maintained its pric e ' thing else was cheaper. Beef 3s. 10d. ; Mutton 49.; 150 4s. 10d. ; Pork ss. Ed. ; Lamb 4s. 411. Clover, 31 . to 51. Meadow Hay, 2/. to 41. 105. ; Straw, U. 1 Is. to 11. 159. TEA MARKET. Od e ' The market was inactive, and few purchases %TO° Company's Congou Is. lOid. cash. SPIRIT MARKET. n jencY' Rum dull of sale, and prices had a downwar d te, ,rice 9 Proof Leewards Is 10d. brandy dull of sale , an d 1 barely supported. LOW TA MARKET. A fair demand, and p L rices steady; at 475. on the sP° L an 3 465 9d. for delivery, uWOOLp to the end of the year. MARKET. The market is dull, and prices barely support for ei thtf English or Foreign. METAL MAR pe KET. A Spatter dull of sale, at 103. r ton. Iron an d '- the decline. LLOYD'S IPPING—(THIS LOMDON, OCT. 30.—Wind this' day at noon N. RAMSGATE, OCT. 29.—Arrd. Gratitude, Brixham , Thir with loss of main boom. Sld. J ung y row .Maria, S t " mas; Maria, Madeira; Severn, Canaries.' Riv e ! DEAL, OCT. 29.—Wind NIE., fresh....-Arrd. fr om t " - sye and sld. Caleb Angus, South Australia; Royal Georg y ' er ar+; ney ; Diana, Bombay ; Premier, Bahia ; Camillus, I) ,,e' a b e rio e Vere and Hector, Jamaica ; Calder, Rarbadoes • L' a perae' Green, St. Kitts ; Bonne Mere, Berbice ; rara ; Cresar, Sierra Leone. . (5. 1 , LIVERPOOL, OCT. 2111.—Wind, N.—Arrd. ~•; Boston, left 16th inst. ; Mazeppa. Sd. Sarah ilm e ,4 0 10 0 ; St. Vir.eent, St. Vin, ent ; Charles Hamertorn, St. Falkland, Halifax; Princess, Newfoundland; Mary Car- St. John's, N.B. ; Nestor, Cape de Verde. Flo ra, DOVER, OCT. 28.—Sd., eoreas, St. Thorns;; Porto Rico. Olll. PORTSMOUTH, OCT. 29.—Wind N.E., strong ail - ag —Sailed Lord Eldon, Bombay - India, Surinam. PENZANCE, OCT. 28.—ArrdLouisa, Swansea, Rouellionat The Shamrock, Plymouth, to Gloucester, put iniQ th s pier last night, with pumps choked, having struaktis," Welloe Shoal, and must discharge. The Mark, Br et ' got don to Liverpool, and the Gibson, Cardiff to Alton t contact this morning off the Lizard, during a ga le a lies ' The latter sunk ; only the master saved. The former in PLY here with trifling damage. . O" MOUTH, OCT. 28.—Wind, N.N.W.—Arrd S e , oder , Baker, River Gambia ; Ulrica Deffe, Valparaiso ; Pltl Regulus and Andromache, L ondon ' for Port Philip ' Og Jane, ditto for Lima, with loss of main -yard. strl v i FALMOUTH, OCT. 28.—Wind N.E. to .N.o• t breezes and squally._Arrd. Lady Colebrook, St. Jo i n c ost Brunswick, with loss of bowsprit, &c., having beeo2:, 2 .d, with the Australia, from Liverpool to ditto, en I " w ith 1 1 Briar Island. 'f he Phantom, Leigh, for Port Phial'', so bir of topmasts, rigging, &c., in a squall 26th inst. Si d * Cape Coast Castle ; Pluto (steamer), Madeira. a yeon e ' BRISTOL, OCT. 29.—Sld Thus Worthinton , for ' Sie r dor l l, * • KINGSTON.—Arrived the Horatio Mirtin; hoot see Coax, OCT. 27.—Sailed, Lord Lambton and Marl London. FATAL ACCIDENT.—We regret to --- alt e . 00 o th a melancl.o'y accident took place at e Crewe Stfistiloger, the Grand Junction Line on Thursday. I" P as sraP e s while attempting to alight from the train on t he . P , 841 fell down head foremost on the rail, and a effri a 'g e b P s OP iPt* over the back of his neck, and killed him t _ ii attO On searching his papers, a card was found with th e Mr. Thomas Lowe, solicitor, liamptwich. TO lO. SILVERTLATED CORNER ; C• r i t ; T. COX SAVORY, Manufactu r i ng Silversmith , P•• L bw' • hill, London (Seven doors from Gracechurch-street)j, scoot the prices of the following patterns of strongly Pla te lields for Dishes, with silver handles and edges, and silver "1" engraving the crest or coat of arms : 0 The Gadroon Pattern. £ lO 10 Four Strongly Plated Corner Dishes and. o vers... Four Extra Strongly Plated Corner Dishes and . 0 1a Covers .................. ............................. The Flower Pattern. Four Extra Strongly Plated Corner Dishes and 13 lc i o Covers .................................................. . t N.B. The covers are made with moveable hand' e9 ,:ualed '- they form extra dishes. Drawings of the abov e for any part of Great Britain cr Ireland, postage free. aO~ C. J. 'DENT begs to acquaint his ;evi*be the Public that he has just had the honour of r e " - subjoined letter from the Admiralty :-- (Copy.) " Admiralty, tgth Septem ba .% " ai her Ma , i r e s st ir y -- ; T G l o ie ve a r n n n m u e a n l ttlaialvoifnichrnionvo,mteertrnerisnafta(rths u'-reco"P to idol you that d a et bhtyrhoemni cr hronometers s s h a C i Commissioners of the Admiral tY "' t oe lowin respectively, viz. : Dent, No. 1,571 55 guineas ptsthheavveardionLepterdicemsespetocri j u e r d ch ag asi o t OP" Their Lordships having - been plea - s . ed, Dent, No. 1,606... 41 gnines s Dent, No. 5,621 (Po - Cite; .. '• • pror superior performance of 1,571, to assign ti it a increased price to that usually given. " I am, Sir, your most obedient servant,_.„,her. " F. BEA UFORT, Hydrorr hie cte-, t : oTo Mr. Dent, Chronometer Maker,•B2, Strandii . A iro g rd " e in r c ro V o r ta t l i g Out of ISO Chronometers, hy various Makers , of t i ,l the late trial by order of their Lordships, the .s above three, with two selected for the Niger ExPe% has I s others, enables Mr. Dent to affirm that he belieVes o . __ for t _ year supplied their Lordships with more Chronometotilera use of the Royal Navy than have been furnished t td any other Maker. It affords Mr. Dent additional pleasure to their Lordships' high recommendation he owes re„er having made a Gold Chronometer, presented to tl to pedition by his Royal Highness Prince Albert. iirat aleb , 0 Dent's Lectures on Chronometers, Clocks, and 7,.. e0 5etl be obtained at 82, Strand, price one shilling, but 1 11 " , customers gratuitously. • es 4 ' Present price of Two-day Chronotnete N state. th:; 11 , - 0 - or ,01, --------- DIED. Ad 72. On tho 22d inst. , at Herne - hill , Mrs. Holland, ag te ,so f Mr• On the 22d inst. , Mariania Car oline, eldest daughr ''' G. Jennigs, Sial.square. On the n '22d i n s t ., Margaret Kerr, wife of W• Kerr, 1,04 seller and stationer, Duke-street, Manchester-square. On the 2 3 d inst., Mrs. E. Herrman, of Camden-toss'a• 0 1 •••••••••.••••••••....... Ail 0 t - ----- -.--"'.- 1/0 13. • London: Printed and Published by MURDO c odr No. 112, Strand, at The Sun Office, Die. 112, ~I. the county o Middlesex, Saturday, October 30, Iv' 1 - • ~,~;,- THE SUN, LONDON, SATURDAY, OCT , BER 30, 1841. ~N.~