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

VEN' IN G SUN

AMERICAN NEWS

TRIAL OF Ii'LEOD.

LIVERPOOL, !":1:NDA1" -EVENING.
By the George Washington, Captaiu Burrows,
which has made a rapid passage of lei!, days from
New York, we have received papers from that

gay to the Bth instant. The ship arrived in ex-

cellent trim, and has brought upward• of twenty

passengers.
The trial of 11,PLeod had commenced at Utica
on the 4th inst., as WILS expected. The Court was

very crowded. but, proper precautions for the safe ty

and security of the prisoner were directed by the
Judge. The panel ofju rors was cal led over,and each
was questioned, with a view to obtain men who
had not prejudged tl►e question of the guilt or
innocence of the prisoner----who I►ad no scruples
Of conscience which wonl4l prevent their giving,
a just verdict on the grounds of the national in-
terest being at stake, or of taking the life of one
found guilty of the cri►nes the prisoner was
charged with. These points settled, the At-
torne3--General fir the prosecution began his
statement of the case ; the examination of wit-
nesses was then proceeded with. The connsel
for ti►e prisoner .cross-questioned each witness.
.:.rmrne of the evidence was of the most positive
kind, to implicate M'Leod in a participation in
the attack on the Caroline. The witnesses swore
to his identity, and to his having, in concert with
others, commanded and executed the attack.
There had been a dreadful collision on the
Western Railway, between two trains travelling
in opposite directions coming in contact at full
speed. The concussion was dreadful, and some
lives and many limbs were sacrificed.
The news from Enrope, by the Acadia, arrived
at New York on the 6th, but had not produced
much change in commercial aff►eirs. The Cotton
Market was steady. The businesi in dry goods
was of moderate amount, somewhat retarded by
the variance of the domestic exchanges ; the
Flour Market declining, the Acadia having taken
out news of the. lowest point on our graduated
scale on Wheat having been attained.
The rate of Exchange continued high, but
there ivere not many bills drawn ; 1091 was the
closing price for the packet.

The news front Canada is unimportant.
(From 014- Neer York Herald of ()ct. 11.)
MoxnAr, (h-r. 4, 1841

A few minutes past nine o'clock this morning, Judge
;ridlev entered the Court, attended by the usual Com-
mon Pleas Judges, (who, however, take no part in this
trial), and the counsel engaged in the case, followed by-
the bar generally. 'l'h,, Jurors were next admitted, and
when they were seated, the witnesses were accommo-
dated with seats. The spectators were afterwards ad-
mitted in a very orderly manner, which redects eredition
tho.:e who conceived and carried out the arrangements
and regulations of-the Court. There was no rushing for
the settee hut. every one entered as though the Curt were
parish church. No more were admitted than could be
comfortably seated ; and, indeed, no more appeared desi-
rous to b. present. Persons at a distance, who are
wrought tip to a feverish excitement on this subject, will
be astonished at the apathy telt here ; but so it is.
At fifteen minutes to ten o'elock the Crier opened the
Court with the usual formality, and
Mr. Wood, District Attorney for the 'county of Nia-
gara, applied to the Court tir an attachment against
Theodore Stone, of Lockport. Sheriff of the county of
Niagara, fur disobedience to a eubpccua :;erred upon .him
on the •27til Idt to appear at this Court at Oyer and
Terminer as a witness for the prosecution.
Tile Court—Take the order. •
A few minutes before ten o'clock the prisoner was
brought into Court, and he walked deliberately to a seat
within the bar near his counsel. He was dressed neatly
in a suit of black, and was wrapped, as he entered, in the
simple f;Atie of a Wile croak. His counsel shook him
cordially by the hand, and he gracefully returned the
salutations of otthers. Ife is a man of gentlemanly bear-
ing and demeanor, and he appeared respectful. but not
embarrassed.
Judge Gridley—Mr. Hall, are you ready in this case?
Mr. lfall. Attorney-General (with whom was associ-
ated, for the prosecution, Mr. .leukins, district-attorney
for Oneida county; Mr. Wood. district-attorney for the
county of Niagara; and. Mr. Seth C. Hawley, of But'.
falo)-71 the Court please, 1 more on the cause, the
people against Alexander • Wl.eod.
Judge ta;aidley—Are you ready, Mr. Spencer?
Mr. Spence? (with whom were Mr. Bradley and Mr.
:tardner)—We are ready.
Judge Grialley-e-'l.'holl we wilt proceed with the case,
and as the clerk eatts the names of the
.jurorA, they will
advance to be sworn. _ _ .

Mr. 1:oot, the Clerk o. the Court, called the prisoner,
who rose. and wa!: informed by the Clerk of hit right to
challenge. •
Charles I Curti, of Park mts the first juror called.
Mr. Spencer (to the. Attorney-ljemeral)-1)0 you pur-
pie to put any question generally :6) the Juruni?
Mr. Ilall—Ve& ('r. the Juror)--Mr. Curtis, have
you fornted or expressed any opinion a,;3 to the guilt or
innocence of the prisoner?
Mr. Curtis—l have not.
Mr. nail—Have you any conscientious 5e."111)1e66
on
the stibieet of fit ing a verdict involriug life?
:ifr. Curtis—No, sir.

Judge Gridley—Let him be sworn.
Mr. will ask, if the Court please, one further
question. (To the .Juror)—Do you entertain an opinion
founded on motives of public policy, or otherwise, that
the prisoner ought to 1w exonerated from punishment
whether he participated in the- burning.; of the Caroline
and the murder of Durfee or not?

Mr. Spencer—That is a new question.
Mr. Curtis—l feel desirous that justice should he done.
have formed no opinion.
,trikes me, where a juror is in-
terrogatol in this formal way, if he answers that he has
formed no opinion, and that he has 110 conscientious
scruples on the subject of giving a verdict which may
involve the life and death of the prisoner, the whole
ground is covered.
.The Juror was then sworn. •
Edmund A llen, of Atigusts, anAwered properly, and
was swore.

John Mott, arother Juror, said he. felt 2i; if it was his
duty to be governed by the evidence. •

.Joseph CR111(1%1144 li-hiteslx-;;;ngh, had conscienti-
ous scruples on the subject of capital punishments.
Mr. Hall—You may stand aside.

410.1. Gridley—What are those scruples? Juror—l
never felt willing to bring a man in guilty where the
law pronoun,!es the punishment of death.
Judge Gritiley—l think it is better you should standasideSide ; but it is no portion of a Juror's business to hy, ,
to consfivuuwp,
sfatate aiakes it cause Of challenge.
if your Ilimollr
The Juror was told to stand asW.
Ashley I tills, farmer, or Kirkland, was next called.
Mr. Spencer—Challenged. -
1-he 'Juror was put aside.
Elijah Brush. of Rolm., was next called, and the
usual questions-were put to him on the subject of con-
scientions scruples.
ciridtey said the question was a proper one
when it was Mut•nitooit. It was not meant that a Juror
should lee excused because he might feel pain' on return-
ing stieh a verdict, hut that it was matter of duty nut to
return a verdict involvlng life by the law of the laud.
Mr. !Tall--lloy-. do you answer ? 'Would you tied
a verdict • aerOrdinr, to • the evidence, on the guilt or in-
nocence of the prisoner in a capital indictment ?
;ertninly.
juror-4.
Mr. ![ail---1 swear the Juror.
Royal Robbins of Marcy—lle said he had formed no
opinion further than he hoped that justice would be
done.
Heihad not n adenpl,nsmind a.sto what justice was.
Mr. Spetcel:7,lle may stand aside.
Boswell ,i 1..•
t nan of Paris, was excused, being too
unwull to sit as .
a juror
Ira PlingE("i' rdtnatj-1. 11e.11' was 3worn. Also William
Carpenter, ot,, izkiohn Swann, jun., of Weston,
did not answer.
I wish to be excused on the ;round
EilwAra S'"6—Hey a inflicting capital pa-
that 1 have ilonbted thep*
nishment.

He was excused.
was challenged.
Luther Sheppard,
of.
rtica, answered the questions
Verona,
Josiah Thurber, of
tatisfactorilY put..
Mr. Ilan desired that he might stand aside until the
panel was exhausted. He he l
rei
•ed that it was common
peremptory challenge.
law right. although they
had no
Mr. Spencer—Von had no such right. , the right to put a juror
Mr. Hall
.argued that he had
aside, until the whole'panel was ex'
heosted, and then, if
necessary, to call the same juror he could only be put
aside on cause shown.
Judge Gritiley-,-It is a
qualified peremptory challenge.
Is there an objection
NIL Spencee.—l never heard of such a right before. It
is much more than a qualified challenge,
and they may
thus ask that :to; jurors may stand aside, while the pri-
%o'er has the right to challenge lint O.
Mr. Hall said a decision had been made in a sintil3r
the Vt)
i the United a States Supreme Court, in rase c'l
need States r. Wilson and Porter, which was tried
before Judge Baldw
rities were quoted. in, of PennsylYania. Other autho-
Mr. Silencer and Mr. Bradley replied, and The Court
rat refused to accede to the Attorroy-Crene-
's request, and the juror was sworn.
Henry Addington, of Paris,
scruples, and was
pat aside. farmer, had religious
Peter Sleight, ni Westmoreland, was sworn.
Danv
He
id 'rry Ila
ti yter, f Kirkland, was challenged.
ule, 1' Broomville -MK challenged. I
Aslior Alltni, of Augusta
, ,„,',„ s'wnri., '
eymour Carrier, of Stephen, was sworn.
Amara Barnes
Thomas
Jonathan Nunan, ef Aintiville, was ehallenged.
I louse did not answer.
Joseph Davis, of Reruser, was challenged.
Joseph Seymour, of Westeim, was challenged.
ilenry D. Babcock, of Marcy, was challenged.
~ Esech Allem, of Floyd, was sworn.
Stephen Northrup of Marcy, was excused, being ;too
unwell to encounter this trial.
levy Yale, of Auguataf Wag ehtnenva.