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

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 was
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.
IDienyr6fet Lafy.e,eainedaxtes
'scorched,
I did not see other, marks of blood besides that where
thate
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'Slitseiee. -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 there ?" 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