The Sun.
London, England, 1841-11-01 00:00:00

attailiellr*lt°r.ls:2); t 4
.............................„4.600.01.0..........-0.0.7---..... 6
, tie'
recognised M‘Leod with such certainty ; mei ,that 4 (Mr. Spencer here requested the Gotta to cl'ac-07,,,.0_,,b0. ;
which they have thus proved is enough to throw some . Jura that the, deposit.on--o
shade of suspicion on the whole. 'That is the view rated essentusa 1 PBut, G01.41'3 op i'
iy fly ; statement neApt4l.:•olfdic.lCCa
taken of it by the prisoner's Counsel. Whilst on the which his Honour du: fold-PWc?e(-e
ee,,,,,, in yCluru b el
other hand, the-Counsel for the prosecution insist that if, even after all, though ale.
Prisoner 1....7
it is a mass of testimony which you must believe, and Dion, have failed completely in proving an alibi, p 4 bete
which, believing, you cannot doubt the fact of the pri- have raised sufficient doubt as to Isis 'guilt, he is t saviaos
never , _
soner's guilt. It is your province to criticize all this the full benefit of that doubt.
_The law
helnaio:T °lc. 1)3 writ
and pass upon it. The other branch of the evidence between the living and the dead never consigns 11%
of
is that contained in the confessions of the prisoner ; divic'exal to the tomb without an overw d :In this 1 0
and there is a principle of law—applicable to that de- evidence to prove the guilt of the etee,ilse •
~,,ehien l 1111,5,,_
scription of evidence to which the Counsel for the pri- you are now to consider the
Aenveddeuncoew, Genttel rn;
soner has directed your attention—that confessions are briefly reviewed before you. „tains to
in themselves the most surprising kind of evidence, easily my task is performed. Your duty !en -en eeer be
fabricated, and difficult to be disproved, liable to be mis- and it is one of the most solemn trusts that,C:',ce? isonteci
taken, partially heard, partially remembered, and unless reposed in the citizen. You are to tabs tu
to N'vetet;''acalls
corroborated by other testimony, the rule adopted by the your deliberate consideration. You are
you I \T-- 'aitss
elementary writers, and sanctioned by the most distin- decide on every part and portion of it.ci
;wished jurists, is, that they are the most unsafe descrip- into exercise your best powers of jtl gment, le sgs'creede
our ears— .reldieg
tion of testimony. Nevertheless they are competent of rumours which may have reached yo
of
~__ ,
,ai
o.e
to be weighed, judged of, and passed upon like all less of every consideration, except that
`Andl°4, si.yr;
the other evidence in the case. I therefore, Gentle- principle of justice and impartiality.
men, call your attention to the evidence of Henry Myers, shall have come to your decision, and red "Ileivill
and I would admonish you that one rule by which you the truth lies, then, with an iniepen,dence t.,,,li't. eir
are to test the declarations of witnesses is, that you are honour you, and with the /Ale integ.nt)
mice yoi . „ea
that your ,c'ier.
to see whether they are probable—like what men in try expects you to exhibit, you will pr.euo wit 'err
like circumstances would do. He testifies that on one diet. And, then, I trust that all who have COne 1.02:
occasion, whilst lie was passing Niagara Falls, he stopped the trial—the ability with which it has le n
at a tavern and saw Al'Lleod with a number of others— and your patience in attending to it—will
be t'
all
~,tP
that M`Leod was accosted by name by another of the If the evidence will lead you to say that i
your
~ uotil
party—that he boasted that he had killed one d—d then, although your decision should wrap
e dice P:
Yankee, or rebel, and that he compelled the witness to in the flames of war, you will fearlessly
p, '"'' of pion /„or
" treat" the party. You will judge of the credibility of On the other hand, if he be innocent you willor
,s. br et
~_
this witness's story • but there is one thing he said which him so, regardless of threats or murmurs,
,00.,
~ jec?:
has not been noticed by any of the counsel, and which buke ; and may the God of truth enable_ ee ,rf,, AP'
may aid you in passing judgment on his evidence—he according to those principles of truth
.and (rill"
said that he marked the features of M`Leod well, as he are the foundations of 'the eternal Union. „, fout,
determined to use him in a similar manner if ever he got The Learned Judge concluded his charse,t, jJ.
him on this side of the frontier. The next witness is o'clock, having occupied two hours precisely.
afitr,r bet?!
Calvin Willson. lleeis the keeper of a ferry at I-bungs- then retired in the charge of an oi.S.eer, Court,
town in Canada, and he says that a few days after the absent about thirty minutes, returned,
destruction of the Caroline he went over to Canada— agreed upon their verdict. ce ri'
• called .00
went into a house where was a person of the name Mr. Root, the Clerk of the Court, harie,e‘q,_ have'
of Raincock, M'Leod, and others whom he named, their names, inquired, " Gentlemen of the Jiiris .
who had been actors in that transaction, and that agreed upon your verdict ?"
M`Leod said one of the d—d rebels got hot on the Mr. Thurber, the Foreman—We have. inii
find files ?
wharf. This witness has been cross-examined at length, Mr. Root—How say you ;do you gi till'
and confessed that though a poor man with a family he M‘Lood, the prisoner at the bar, guilty or not
intaao I -st rtil'
had given 200 dollars to the " Patriot"' cause, and de- Mr. ThurberL-NOT GUILTY. B
eetle
dined answering whether or not he had harboured Mr. Root recorded the verdict, and then said, ( lesesel
the notorious Lett. To rebut his testimony, a re: men of the Jury, hearken to your verdict
tlee, as otid f
spectable inhabitant of the town of Niagara, named hath recorded it ; you say he is not gull Y
Hamilton, was produced, and testified that he well you say all.
knew Raincock, and that that individual was The Jurors nodded assent. tliati
absent in England at the time specified by Willson. When the Jurors returned with their verdict 05
and the. *0 ~a
The next witness worthy of notice is Timothy Wheaton. were very few persons remaining in Court,
x__.„, V':
He was called by permission after the prosecution rested, no exhibition of feeling from any quarter, _.cc,s7l:, OR
the Attorney General supposing that there had been a the prisoner's Counsel, who apparently felt ere
.li;.,
reservation in favour of this witness. He deposes that the great reponsibility under which they, had.kl 11 Y A
about a year before he had gone' from Whilby, Canada, and satisfaction with the result of their labour a-5, 0 ..iie.
where ho lived, to Niagara—was near the ferry—saw M`Leod left the Court in company with ble, p:e 0:5;
M`Leod coming up from the water side, and the witness and several Canadian gentlemen, his persou
,33 they 07,
remarked to him that the sentinels had a hard time of and proceeded to Bagg's Hotel, but not again l'inue :,„
it—that they then talked of the Navy Islanders—and keeping of the Sheriff. He took tea with the!' eeire P,
about their number—that M`Leod said they never would tlemen at the public table, and now created )"_,,,0t tl,
have the Caroline there again, and added that he was terest than when his life and the peace of two,v.g_ veil
the second or third man who boarded her ; that then tions were dependent on the judgment of Wet, e__ e sits
some person, a stranger to witness, interrupted tile con- Jurors. It was understood that the Jury
~(,07,
venation by taking M‘Leod off ; that he (the witness) prepared with their verdict on leaving the unt_ ,
turned from the ferry, recollecting he had not a pass, and their absence from the Court for thirty minutes
..."e ,
went back to the town. Gentlemen, you are carefully to occasioned by a single doubt of what their duty '
examine this evidence and decide according to your esa- them to do.
scientious conviction of the truth as it really is. If you 00
COMMERCIAL NEWS. ,her i.d
believe this evidence, notwithstanding some objections
NEW YORK MONEY MARKET, OCT, 14.----)".. A
to it, and notwithstanding some deductions which are ane
very little done in Stocks at the Board to-dq; do ,
to be made ; if you believe that it does after all present
to you an amount of evidence which is sufficient to call did . not materially vary. Delaware and lin ,i 5
tip the prisoner to answer, then you are to take into proved i ; Mohawk declined I- ; Indiana 33°,
severe:etc
consideration the defence opened before you. And it is (dined 4 There were sales of 2,000
$4 85c -,-*a decline of i from the sales made tics as.
undeniable that in looking at this mass of evidence At Boston sales of stocks were made yeestercnte
there is much of it that appears questionable, and much ,
Jews . ~5,
of it remains that is not powerfully attacked and that
$4,000 Boston City 5 per cent. Stock, payable l°
l t,I
does bear very hard on the question of the prisoner's
$1,500 do. do. do. do, payable 1846, e:P•ei-a
guilt. But passing from this you are then to look
,$5,000 Mass. State 5 per et. steck,papable in 1607, riptiVis
at the prisoner's side, because it is the right of every
The rates of sterling exchange have not 00 e4OO,
man put on trial here to present his witnesses, have
changed since the last packet day.
them examined, and if he succeed in establishing the de-
bills is 10 per cent. and francs have improveci to 51. li e bh,
fence, to have the full benefit of it. That defence, Gen- the amount transmitted by the Boston steamer, to ill
tlemen, is what is called an alibi. It is, in other words,
! for which close at 3 o'clock to morrow (FridaY)e. cal 0.1
that he had no part or lot—no sort of participation in this
be large. There was some drawing of specie 0' 00,0
enterprise. And this, after the disposal of the first
Debtors, Banks to-day for remittance, and the e' ~
question already passed upon, is the wily other ground The price folr rc,b4
of defence that exists. And in my judgment, no degree shipped will not be far from 500,000 dollarsd, 011'
Wellington has on board for London 208,000,,,e
of suspicion should attach to it as an original defence,
This is a mere trifle, however, and will in .11'0. il
because it is, as I have just said, the only defence that
inconvenience the banks, which are overflowlib ~,
remains for the prisoner at the bar. If he were, in truth,
specie, and must continue so to be, '''' b; ''',,
upon the expedition, then is he guilty, and so you mnst
specie of the whole Union is driven hereos ,n
pronounce him. But, Gentlemen, if he was at that time
irredeemable currency of the South and West. re :i•w",-
five, six, or seven miles distant—if he had no participa
Lion in that enterprise, then the same great principles of ple of those sections continue to prefer the delr)re, id
a paper of frudulently insolvent banks to the cases 00
justice require that you should pronounce him innocent.
The evidence sustaining this defence consists of the de- he Constitution. The consequence is, that newo,
positions of individuals avowedly participating. in the ing a superfluity of specie, it goes to Europe, raecee
expedition ; and, secondly, of the oral testimony of is more in demand there than in those States u
community reject it in favour of Bank rag
1. oss -,,
several individuals showing, or tending to show.
same time they complain of what they cell big , 0
that M`Leod was during the execution of this enter-
• exchange. Nearly 50.000 dollars arrived here Yee;
prise at a distant spot, in another town. First, then,
from New Orleans, where the people tolerate 0
with regard to the evidence of the commissions. The lasters. e a, d
prisoner's Counsel is right in telling you that evidence
P The Bank of New York hss declared a dividend ea
taken in this way is, and should be, less satisfactory than
per cent. for the last six months, payable Noy,. .14• Air
that given personally before you. But so far as the de-
RATE OF SALES AT THE STOCK EX•t-s
..
positions themselves go to describe the individuals testi- $2,000 Water Stock, 1870..................................
fying, you may derive some information respecting the 3,000 Kentucky Bonds
standing and character of these individuals. Some of 1,700 Indiana I). Bonds ..... . ............................
them are lawyers—some of them mariners— and some of 75 Shares Delaware and Hudson .. -. .... .. ... -..:
them officers in her Majesty's service ; and by their 30 Ditto Mechanics' Banking Association •
.. ,
description, they should all be men of character and re- 16 Ditto American Exchange Bank •••"••••'•
sponsibility. it has been said that this commission was 50 Ditto United States' Bank ........... - ...
a "roving commission ;" that witnesses were examined 100 Ditto Vicksburgh Bank .............. .. . !!f.,,,fr.
\hs_w_if, yratiyal .. .......... ;ffif
.....................

whose names hf.a bqou returnpa
spu it Os bberality, 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 of 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 shuded those there associated.
But then there are ono or two gentlemen from among
the inmates of each particniar boat, who have been 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 the 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
ruins which he had found in an eddy below the Falls—
that he told this to M Leod, whom he found half dressed
in 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 Nary
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'Lcod 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, Gentlemen, on the part of the defence.
The evidence of the Morrisons, and the decla-
rations of M'Leod on his examination, 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.

16 ITIN till'eirdirffaiTiVaa .. •• • ..... s6°°
125 Ditto New Jersey Railroad .............. . 5,:
j'
..
25 Ditto Canton Company . ................ s
.;),'r..;
200 Ditto Harlem Railroad ... :: .................. ,
50 Ditto Long Island .................... .....- jof,
20 Ditto Auburn and Rochdale. .............. -.......... 4o#
....•
2,000 Sovereigns
.. . 0
SECOND BOARD.
890 Shares Long Island ...................... . ....... ..- 16
__ .......... .... ....... r,,. b°
350 Ditto Harlem
2305 Ditto
Ditto
11DleainahwaatrteananBaanituds:n.........................
.... : ...... :• 1
50 Ditto Paterson .... ...... ... ..................
UNIVERSITYINTELLIGENCI- 00,
OXFORD, OCT. 29.—This day a Congregation err, 4/,
for granting degrees &c., when the following were coul of Ir
Doctor in Civil Law—Rev.' S. H. Russell Bish°l7' Ali
gow, St. John's College. of C°"sl
Bachelors in Divinity—Rev. C. Balston, Fellow
0f C erP
Christi College ; Rev. J. G. Overton, FelloW
Christi College. (Creeitl
Wasters of Arts—E. H. Woodall, Exeter Colle,qlclorsolo
Compounder) ; Rev. Thos. Shadforth, Fellow ofte. 11'
College ; Rev. T. Crossfield, of Queen's College ; ,Vaii. 6,
Barnes, of Queen's College ; Hord, St. Dlary '-'• . '•,,.;
Bachelors of Arts—E. Moore, Brasennose Colleg'&„il ti,
Bentley, Brasennose College; F. Barrows, Wad„,han.icvlet, Ay...oi
A. Peache, Wadham College ; F. Pretyman, xag wittc"
loge ; Rev. SelNyn, Bishop of New Zealand, a".. ot
' e5O
eundem. • lectOr
, tli
The Professor of Geometry will. commence b's
his hou,e, on onday, Nov. 1, at two o'clock.'
The ClinicalM Professor will begin a course of lectures'
Radcliffe Infirmary, Nor. 2, at eleven o'clock.

Ot

.... _
ptio•
The _beautiful beautiful and much-admired 111
noite 'O,
Tring Park, Herts, built by Charles 11. for his fae;aplet,fisr
Gwynne, is undergoing the most substantial and e resell'i,ttst
pair, with a view to its being let for a term--tb Poo s
sessor being a minor. King Charles's bed and
pieces of furniture are still remaining.
---
$3
V
A, , 0..
SILVER TEA SERVICES.—A. 13.,... srnhill. rtbo
and Sons, Manufacturing Silversmith, N.. 14, '-''' ices ("Ili!
don, opposite the Bank of England, submit the EC. 30
following SILVER TEA and COFFEE SEllYt the e.,,,,il
Cottage. Pattern is plain, standing on shell Jee" T s
he '-i4e
coffee-pots with a flower ornament on the lids. vs
Pattern is richly embossed with flowers and scrolls'
of either is new and elegant : 05°. I 0 '
COTTAGE PATTERN. I xisa's TA oto
£,S. t....:' 7 •
Strong Silver Tea-p0t.....12 0 Strong Silser Tselissel. b 1
' Ditto Sugar Basin 616 Ditto 9,11t521,015 1
Ditto Milk Ewer. 410 Ditto '-'„,,pot>4
Ditto Coffee-pot. 15 0 Ditto kdgi... - 40 I'
• ....—,—... . .; 04
... ... -,..,
...
Complete
$
£35 6 Complete ...
° ,ers.io'i.ils,
A variety of upwards of fifty Tea and Coffe*,
~verl 4,:0t.s
be seen in the Show-rooms, where may be selecte“ pa.°'o,oll°
of Silver requisite for the sideboard or plate .chest. ticles, ",Al'
of prices, illustrated with sketches of the varioul I,ll„dans' opts
and forwarded postage free to any part of the k'"" °pi'
dov, ~
B. SAVORY and SONS, Ne. , Cornhill, Lon
the Bank of England. Sici
-,:. •le nas )0
C. J. DENT begs to acquaint his rcreeiviol
the Public that he has just bad the honour of
r
subjoined letter from the Admiralty :-- 154/.:el
(CM.) terober, of
" Admiralty, 29th SoP he use c 0'
" Sir—The annual trial of chronometers for t'l so re f: 'm
Majesty's Government Having now terminatedLity to 01'
mended by my Lords Commissioners of the 5d831;;&59 "lb"
you that their Lordships have directed me toped igaio.
lowing chronometers at the various prices nsecul
respectively, viz. :--: • ets
lient, No. 1,571 55 fill!''eas
Dent, No. 1,606........40 gaTies,§ thi
" Their Lordships having been ples.sed,,io al'
Dent, No. 5,621 (pocket ) 3O g`dll- 'to 02:ros;i1
errovertio
superior performance of 1,571, to assign to it a P
increased price to that usually given. rant, ber,
" I am, Sir, your most obedient 0,,,e ArograP
"F. BEAUFORT, Pt."'d.ri ea to
" To Mr. Dent, Chronometer Maker, 82, oftStr7subjee lio,
Out of 80 Chronometers, by various Makers'„bsice se
the late trial by order of their Lordships, the ;„,e`' ditioP' 000
above three, with two selected for the Niger 'sr he "9 tb.
others, enables Mr. Dent to affirm that he believities_,eri-fool; bi
year supplied their Lordships with mere Cbronfei
e'to the-
we of the Royal Navy than have been furois" ~ 00,
any other Maker. , - '
,fate tbst
,oaei. eg
It affords Mr. Dent additional pleasure to the lio''-$0
to their Lordships' high recommendation he °liestbe Niger,
to
having made a Gold Chronometer, presenteicl t°
b,'
pedition by his Royal Highness Prince Albeft• d lArto ea to
Dent's Lectures on Chronometers, Clocks, att nresesst
be obtained at 82, Strand, price one shilling, b =
ig'
customers gratuitously. 40 ag—
w
Present price of Two-day Chronometers,

BIRTH. n-59" r•
an'tQa and
the the 25th ult., at 16, Wyndharn-place,.,„; a
the lady of John Balfour Atkinson, Esq., of Bon
the lAtter still-born.

DIE-----D. ,severe 11141
On Friday, the 29th alt., after a few day's
th e goy
ti
Mary, the beloved wife of Professor Sewell, of
terinary College. abed '2' 'fr.
On ihe 22d ult., at Herne-bill, Mrs. Holland, ag f
hter °-
On the 22d ult., Mariania Caroline, eldest daug-
Or. Jennings, Spital.square.
On the 22d ult., Margaret Kerr, wife of N. l'irr'l.°4'.
seller and stationer, Duke-street, Mnehester-squAtn,
On the 23d ult., Mrs. E. Henznan, of Caraden-tow ,
A 01
- --- y 001"" ilt
London: Printed and Published by MURDO,. strieif
No. 112, Strand, at The Sun Office, No. into'.
the county of Middlesex, Menai, Novineber 1/

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