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

MORNING SUN

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Scranton should purchase half of her the next summer ;
she had been frozen in about a week, and we cut her out
on the 27th or 28th. Before I went down I did nut take
a bond of indemnity, but there was such conversation
I don't know whether it was between anybody that had,
the right to give and take one. I did not know that one
was written ; I do not know that I fully understood I
was to have a bond of indemnity if I went down the
river. I understood that a bond of indemnity was to be
given, but I never had any intention to take it. I sup-
pose it was to indemnify the owners for damage
attending the getting of her out at that late
season ; I don't know of my own knowledge
that a bond was drawn up and signed by se-
veral citizens of Buffalo. I understood it was partly
signed. I think twenty were to sign. I understood five
hail signed. The most I learned about it was when the
United States district attorney was there inquiring about.
it. Ido not know that freight was put on board at Buf-
falo, which the collector required to be put on shore
again. I recollect a small cask of heavy articles being
put on board. That was not a very profitable load.
There were not half a dozen persons went on board from
Buffalo. - I next touched at Black Rock. I got some
stores for the boat, and halyards to run the colours
up. There was a man on board with a rifle, but I
do not know when he came on board. I cannot tell
what freight we took on board at Black Rock down. We
took some men on board ; I was attending to the boat,
and do not know how many ; I don't think
there was a dozen, or any armed men on
board. They might have had pistols. If they had
arms, they did not have them in their hands ; they were
not armed like fighting men. I put the men and
freight on a scow at the island ; I did not notice
particularly ; I was busy with the machinery ; I am •
not an engineer, but I was seeing it work. I have made
application to the Government of the United States for
payment for this boat. The Government sent its proper
officer to inquire what business the boat was engaged in.
I do not understand that she will not be paid for if she
was engaged in the Navy Island affair, but the contrary.
I understand she will be paid for. I did not suppose the
boat would be employed above a week, and perhaps not
more than three or four days. I should have run her up
that night, but an engineer told me there was something
wrong. There were several engineers on board. When
I bought the boat, I got them to go down and tell me
what she was worth. Among the freight from
Schlosser was a six-pounder cannon on two wheels.
Ido not know where the cannon came from. All that
were there helped to get it on board. I took a horse over
also from Schlosser. I took some straw. I did not in-
quire what it was for. There was some lumber. There
might have been five hundred or one thousand feet of
boards. There were potatoes and other articles. There
were some muskets. Ido not knot how many. There
might have been ten or fifteen. There might have been
one hundred. There were some articles of provisions.
There were potatoes, turnips, and things of that kind.
I expected that the boat would not be employed more
than a week, as I expected they would be off the island
in that time. I expected they would be off on this side,
and not on the other. I was on the island on the 26th
of December for three or four hours. I went from
Schlosser in a sail boat; there were then about 250 men
there. I saw ten or eleven pieces of cannon. I did not see
any at Schlosser then. The cannon were on wheels, some
pointed towards the British side and some this way. Ido
not know that there had been firing there. Van Rensselaer
was there in command. The people who paid my freight
were strangers to me. I do not pretend to say I made
a regular charge that day, there was so much bustle.
I received eight or ten dollars; for passengers I intended
to charge a quarter a trip; I do not think I received any-
thing for the freight of the cannon. I heard a good deal
of firing there; I think there had heen some before I
went down. After the destruction of the boat, I
saw them throwing the shells from the Canada
shore to Navy Island. Ido not know but I ran the boat
in such a way as would benefit the Navy Island people.
I saw Van Rensslaer, Mr. Chapin, and Mr. Flagg, on the
Island. I had conversed with them before about coming
down. They requested me to come down. Ido not re-
collect what was said about my compensation for it. I
believe they said 1 could make money out of it—there
was a Committee, called the "Committee of Thirteen,"
in Buffalo; it was an Executive Committee to aid the
Navy Islanders. I have understood Dr. Johnson was
one. Mr. Phelps acted as Commissary, I believe. Phelps
was one that I conversed with about going down with
the boat. I did not pay all the expenses of cutting the
boat out of the ice. Ido not knew who had the manage-
ment. Every one broke a piece of ice, just as they liked. •
I think she was about a fortnight undergoing repairs. I
think they cost about $lOO. I think I furnished the
money. Ido not recollect. I will not speak positively
about it. Mr. Scranton told me he furnished the money,
but I think he was mistaken ; when I commenced re-
pairing, I did not intend to use her in the Navy Island
service ; I thought of running her up to Cattaraugus
Creek, so as to be ready for the spring. I paid 800 dol-
lars for her at a private sale. The bill of sale is from
John D. Macy ; I bought her on the Ist • and she was
cut out on the 26th ; I talked about her with Barker, the
collector, but the bill of sale was from J. D. Macy ; I
understood there was one building on Navy 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--I am not
connected with those insurgents either secretly or openly.
I understood the running of the boat would favour those
on the island and also Buffalo. Persons in Buffalo had
friends on the island, and I was urged to run the boat. •
I went on my own responsibility and in good faith. The
boat was a new thing to me. I thought more of it than •
any other piece of property of equal value I ever owned.
I had much satisfaction in looking at her. The hole in
the cap of Durfee was round and such as would be made
by a ball. I have no more opportunity of knowing the
" Committee of Thirteen" than from hearsay, though I
presume I know every one of them.
By Mr. Spencer—l did not take some cannon ball
from Wilkinson's furnace. What was in the cask I do
not know. I did not take boiler iron punches as a sub-
stitute for grape shot. The collector did not refuse to
let me go out. He said I might do what I (lid without
violating any law. He said I might run to Navy Island
and carry arms and ammunition, but I must not arm my
vessel, and that I ran risk while I was in British water. •

.....
By the Attorney-General—l knew what would be
wanted on Navy bland, and that was why I consulted
the collector.

The Court now adjourned, (being a quarter past six)
and the jury, prisoner, court, reporters, and others, re-
tired, in the order in which they took a recess for dinner.

SECOND DA .Y. .
(From the New York Herald, Oct. 7) •
Utica, Tuesday Morning, Oct. 5, 1841.
At the adjournment of the Court last night M`Leod
was conveyed by the Sheriff to Bagg's Hotel, where ac-
commodation was provided for him for the night. He
broughtwas into Court this morning at a quarter to
g
o'clock,
at which time Judge Gridley took his seat.
There e•ere not a dozen spectators present at the open-
ing of the Court.
DanielJ. Stewart was the first witness called this morn-
ing. He was examined by Mr. Hawley. I reside in Buf-
falo. I resided there in December, 1837. I was on board
the Caroline at Schlosser. I left Buffalo in her about
eight o'clock in the morning, touched at the island,
and then proceeded to Schlosser, where I arrived about
two o'clock. We made two trips to the island after- wards the same day. We tied up at the wharf about six
o'clock. The boat lay with her bows up stream, moored
to the wharf. I was called on watch at twelve o'clock.
About half an hour after I and Captain Kennedy came
on watch, we discovered boats nearing us. My first im-
pression was they were Indians, the woods making a considerable shade on the water, it was Lard to tell what
they were filled with. I mean the wooden buildings.
Some of these boats were opposite our bows, but off. in
the stream a little when I saw them ; they were inside
of the small island, which lies eight or ten rods from the
dock. It may be more ; I merely guess ; perhaps
twenty rods. I told Captain Kennedy ho 440.1
The boats
them up from below—from a little cabin.
they did
that I saw, I think were floating down Call
stream
__lied
not use their oars, I think. Captain KennedylZ on
them in the cabin. There was a men _ whohe hailed
deck just before. His name was Nichols, scud
The an-
them. He asked " Who comes there
to
spring on
cover was "friendS." They appeared they
, were discovered
their oars then, as if they f°l-910-,i .as nut more tboaant
When Nichols hailed, the first boat
the
boat ;
one'
ran
three or four rods from the o._
bar the steain-boatiid
when ran down towards the sternw
who
they
were
at
on deck.
aft for the purpose of
ofsee the first boat had g. 0..
B the
I got there the officer
aft of the ga?glNa
over
the rail a little
had Lrot Ins sword . drawn,
He got
him he if he was going to
time I had got up to
attitude as
deck. I then
and threw himself in an , ,_:,. men on .
then ordered his men
the act of getting on
strike me. He
men ti! ,
cabin, to '• d several armed.
to the ladies gil e the
discovered
then went in
stood near the ladies' cabin.
board. I
~, officer
Th- to know whether I went star-
alarm there.
sailor enough
was the river-side of the
lam not Sa dside. It
board or larboard had
in the cabin they been alarmed,
bboat. I found ___ u .
I then came out of the
were getting p
I was not armed. The
and
t on shore.
cabin and
went
have been speaking was oh deck. I
cabin of
thatwhicill night. Neither Kennedy nor Nichols
fired no arms
were armed, nor
did they, to my knowledge, discharge
any firo-
arms.
I did not see :that any of the crew
or
passengers art o lodged there had arms. I have no 1
know-
ledge of arms on board. I•saw no resistance nora.
for resistance. When I was set to watch I prep_
rations 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 out of the cabin,- end was going
towards the shore, I heard the officer say, " Guard the
gangways—show the damned rebels no quarter." • I dont
know thatthe officer was in uniform, but he had a sword,
1 `and assumed the
command, The companion-way from