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

MORNING SUN

the gentlemens' cabin came up partly through the engine
room. It was a narrow, crooked way, and different !
from the companion-way f 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 'Ave.
Cross-examined by Mr. Spencer--I saw Durfee 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 nothir, ; 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. I do 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' cabin. I did not
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 Durfee ; I had known him for a number
of years. I went down to the
_warehouse after the boat
was hauled off. rwent-'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, I 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 ray I should think it would be sharp
shooting to reach him with a shut 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 fur two or three days at a time. I was not
there when the party took possession of Navy Island,
which was about the I7th 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. Spenc-_,r assented, and the examination was resumed.
Witness—l sa,vf 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 taTern on that night, was discharged once by
Captain Keeler. He ran out in the road and 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 I)urfee 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 day, 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. The 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 ear, 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
tea rods below the warehouse. A line from where the
man stood to the men who were towing the boat, would
go twenty
the rods below where Durfee was•
Court—The boat was ten rods below the line
By
of the store-house, and fifteen or twenty rods out in the
stream.
A N —From the way in which the man fired
By Mr. 11-wie: eet ' rods below where Durfee was,
it must have gone try,.
Judge Gridley— I owYclo 'ou make that out
The witness, on reflection,_..) said the shot so fired, would
pass Durfee live or sixi rod
s•
Mr. Hawley —I remonstrated.r 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
week or so before the boat at Schlosser when Navy
Island was invaded. It was a
was burned. The invaders, I understood, went from
Grand Island. There was a good deal
eal of pa
re-passing after the island was invaded. The land
and
s
n where
my house stands is about level. At that time they were
carrying men and munitions of war to Navy Island daily.
and
There was a great assemblage at Schlosser daily and
9 •
niehtly Provisions were brought in on wage-cons
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,shoulder.
with a gun on his
The
gai l Attorney-Genera a •
nation• n objected to eross-exami-
The Court th h
be bro I oug t the nature of this expedition should
ug it out.
The Attorney.
was an General said he conceded that there
, .expedition and great excitement, but it had no-
tothing do rte•istltlnitohe ease here. Before another forum
Mr. Field's
might be necessary.
Mr. Spencer-117r concede that, it is all we require.
The Court hone the nature of the proceedings
should be made
Examination continUed—l saw beef and other provi-
sions carried over I
er or the Navy Islanders ; the burn
which I saw on thgeocna! raa round the hole where I sup •
posed the ball had
as a quarter ni
The hole was singed round,
about as big
a dollar. The cap was a snuff
colour knit or woollen eap();. it was a kind of plush. The
until the
body was not moved
turned over when I then saw next rnornin,g ; it was
twelve feet north, or-back I was about ten or
of e mita'n when he fired. He
fired rather at random. .
BY Mr. ll4wley—There weroctinilitia ordered out about
u
• my place. The militia were
ordered out until after
the burning of the Caroline.
here were marshals
sions and other there to preservether things bein -neutrality. when I spoke of provi-
g c
anted over to Navy Is/and

I alluded to the time both before and after the burning
of the Caroline. _ . _

.....
By the Court—The beef, hogs, flour, and cannons, that
went over, were some before the burning a.nd some after.
One cannon and flour went ever before; two cannons and
other things after.
By Mr. Spencer—One cannon went over about a week
before the burning. I was on the island then.

The Attorney-General protested against the prosecu-
tion of this inquiry further. It was admitted on the
part of the prosecution, and was not necessary to this
cause. _ _

The Court thought the main facts were material col-
laterally. It appeared there was a hostile force on Navy
Island, which was furnished with materials by the Caro-
line from this side, but he thought the minute details
were not necusary.
Mr. Spencer said the Attorney-General took wide
ground in his Opening, and if he expected to confine the
examination to the single fact that five boats came over,
he was mistaken.

Judge Gridley said if Mr. Spencer desired it, he would
take a note that minute evidence was offered on this
point and overruled, so that advantage could be taken of
it hereafter.

Mr. Spencer said at a future period of the trial he in-
tended to submit some questions to the Court respecting
the strength of the force on Navy Island, the batteries
there, &c.
The examination was then continued—There was a
military force on the Canada shore, and cannonading
from there and the island.

J. C. Haggerty (examined by Mr. Hawley)—l reside
at Buffalo, and resided there in December, 1837. I was
on board the Caroline when the attack was made upon her.
I was in her when the watch called us. lam a sailor.
I sailed a vessel as master that year. I was only
a passenger on board the Caroline. I did not pay
anything, nor expect any pay. It is a custom among
sailor folks not to pay on any boat on which they may
travel, they are then called " dead heads," but they are
required to assist on a pinch ; William Kennedy was on
watch, and he put his head in the ladies' cabin, on deck,
and said a boat was coming ; we did not believe him at
first, and nobody got up ; he went away for about a
minute and then came back, kicked at the door. with an
oath, and said we had better get up, or we should be
burned up very soon ; two men then got up with me. I
went to the starboard stern gangway, next to the river,
abaft the wheel-house. I saw a boat full of men—ten
or twelve I should think. They were armed. One boat
had a man standing upon her. She stood with
her head up stream, as the steamboat did. I
and the two men stood at the rail next the river,
and three pistols were fired at us. One of the men
fell. Ido not know who he was. Mr. Leonard, one of
the two men, started and went into the cabin. I started
to the gangway on the larboard side to go ashore, but I
met men with swords and cutlasses, and could not get
ashore. They were getting out of a boat under the guard
of the steam-boat, and some of them were on the wharf,
and some of them were on the steam-boat. I went back
to the gangway, between the companion way and the
ladies' cabin, to get off at the fore-end of the boat.
\\Then I got to the starboard side, I saw a man lie there.
The men we ri then in the act of getting on deck. I went
forward, and when I got on the forecastle, I heard pistols
fired and clashing of swords. I imagined the parties
were fighting themselves, and I got a chance to go
ashore through the main building of the warehouse. I
saw Durfee three quarters of an hour after. He lay on
his face when I first saw him. The boats then had gone.
I had not been asleep when the attack was made. I had
not been aboard more than half an hour. I had been to
the Falls, and could get no lodgings. There were five
others with me. We went on board the boat to sleep,
and lay on mattrasses. I had a pocket-pistol which
was not loaded. I saw no other arms. I heard no fire-
arms discharged from on board before I went to the
gangways. I think there could not have been any pistols
discharged without my hearing them. I don't know that
I heard more than one man speak before I left the boat.
As I passed the dead or fallen man I heard one man say,
" Give it'em, God d—n 'em." When I got ashore I heard
them cursing among themselves.
Cross-examined by Mr. Spencer—There was a light
which hung in the gangway which led from the ladies'
to the gentlemen's cabin. I broke the lamp with a bolt.
Some one cried—" Put out the lights." There was a
light forward and also in the cabin. That light was on
the forecastle, and I believe it was put out too. The
ladies' cabin was on deck. The gentlemen's cabin was
below. I got ashore as soon as I could. The boats had
not got fast to the steam-boat. I saw five of them.
Durfee lay ten or twelve feet from the edge of the
wharf. His head was farther off. I did not help to get
the boat out at Buffalo. There was another boat came
down after the Caroline was destroyed. She was called
the Barcelona.

Henry Emmons examined by Mr. Jenkins—l lived at
Schlosser when the Caroline was destroyed. I was
awoke by a noise in the house, and an alarm that the
boat was attacked. I got down into the road leading to
the Falls. I heard a loud noise : there was hallooing
and guns were fired. I could not hear what was said so
as to understand it. I remained there till the boat was
got loose and set fire to ; she was towed off fifteen or
twenty rods from the wharf, and ten rods down the
stream. They left her, gave three cheers, and rowed up
towards the wharf. We thought they were coming to
burn the warehouse, but they did riot. When they had
gone we went down with a light, and found Durfee. He
was eight or ten feet from the boat, in a direction from
the gangway, on the railroad which runs to the edge of
the wharf. I saw his cap. It is called a Canadian cap.
It is of a dark colour. There was not a great deal of
blood there. There was one gun fired from the road.
I was two or three rods from where the man stood who
fired. He fired in the direction of the steam-boat Caro-
line. The man was thirty or forty rods from the ware-
, house. The shot could not have gone within seven or
eight rods of the warehouse. I saw no arms there more
than this gun.
Cross-examined by Mr. Spencer—There was a Capt.
Lawton, who formerly ran a steam-boat, who had two
pistols. I was looking at the Caroline ; and the man
who fired went two or three rods from me. The steam-
boat was then burning. I was looking at the man with
the gun. There was a remark made, that if we had
arms we could kill some of them without much danger.
That attracted my attention to the man who fired.
John Hatter, examined by Mr. Hawley—l live in
Niagara county. I was at Mn Field's, at Schlosser, on
the night the Caroline was destroyed. The gun was
leaded with powder merely, and was fired to alarm the
company that boarded the Caroline. I did not fire it.
I think there was no other gun fired from the house.
By the Attorney-General—l was on board the Caro-
line that night, and I did not notice that she was armed.
I was aboard about eleven o'clock at night.
Cross-examined by Mr. Spencer—l lived at that time
at Lockport. I happened to be at Schlosser. Out of
curiosity mostly, there were many there at that time. I
had not been to bed. I had been to the Falls with some
gentlemen who requested me to walk down with them.
We returned about eleven o'clock. The distance from
Field's is about three miles ; I had no particular business
there, and went to Field's to get lodgings ; there was no
chance to get any there, and I went to the boat, but the
berths were full, and I returned to Field's; the gun was
loaded in the kitchen ; a man brought it from another
room, and Mrs. Field brought the powder ; I stood about
two feet from the man who loaded it ; I might have drank
some that night ; it is very natural for a man to drink a
little, but I was sober ; I think I stated the next day that
the gun was only loaded with powder; the man who fired the
gun loaded it, but Icannot tell who he was. I stated it to se-
veral persons at the Falls, that the gun was only loaded
with powder, and I stated it to-day to Mr. Emmons. I
saw the gun fired. It was fired about four rods from
Field's house, towards the warehouse. I have stated all
I know about it, and I cannot say whether it would not
have answered the same purpose if it had been fired at
the house, if loaded only with powder.
By Mr. Hawley—l was subpoenaed above a week ago,
to give evidence on this trial.
By Mr. Spencer—l don't know that I was told what I
was subpoenaed here fur. Nothing was said to me about
the firing of this gun, nor have I mentioned it from the
time of the occurrence to this"day.
Joshua A. Smith re-examined by Mr. Hawley—l
reside in Buffalo, and did in December, 1838. I
follow steamboating and engineering. I was on
board the Caroline at the commencement of the at-
tack. I was in the ladies' cabin when the alarm was
given ; I had not been asleep but had just laid down on
a row of mattrasses, and the alarm was a boat or boats
were coming ; I thought it was a false alarm to get us
out of our berths that others might get them. In about
a minute after they came again in a good deal of alarm,
and said there were boats coining filled with armed men;
we then got out; I went to the starboard gangway and
looked over; there was a considerable rumpus; I went
afttl and saw people getting on board from a small boat on
l
river side. There was a gun fired, and some one fell
bayt the m
my
side who apparently came from forward aft. I
,thought
he fell from a shot. I was somewhat frightened
Nlvaswennottacrosst,hneorboat and went aft, not
very slow.
etnEte
g aarrldmdo,were an • of the men
to my knowledge. I think armedaauflt
was one. When lerw
the there were no fire-arms dis-
charged until aft
fd tandhe not
ststhensteam-bolt,
aemol.hbteho
4i
ont t
ht
eh there
sailants' boats under
Cross-examined by Mr. Sp emnocru,' er:--I wept onboard the
boat at Black Rock dam the -
been down before that winter t n„oefore. I had not
not know whether the perscei retoreY recollection. I do
sailants or of the perso'2,s on fell was one of the as-
deal of clashing. board. There was a good
By Mr. Fawley—I was one
that occasion. of the '•dead heads" on
-.lames H. King, examined by the Attorn e y -General—
In December, 1837, I resided in Buffalo. I
of the Caroline steamboat. I was on boardw
theon mate 2
of December, 1837. I remember the attack madeon her
that night; I retired to the ladies cabin about 8 o'clock,
and was asleep when the alarm i was
given ; I was awoke
by the firing of guns and a noise on deck. I got up, put
on my boots and hat, threw my overcoat on my arm, and
went out, but armed men shoved me back to the back
part of the cabin, where they made me lie down on the
mattrasses, and they beat me and stamped upon me ;
they beat me with swords and cut and mangled me
a good deal ; they asked me where I came from, and
a good deal ; they cut my arm as I "fended" off the
blow with it ; there were fire or six struck me ; the
place was not high enough for them to use their swords
much, and my coat saved my arm some. There was noise
and confusion, and low talking. As I was lying on the
mattrasses, after I was wounded, one man came in and
said, " roll over you damned Yankee son of a bitch, and
give me those mattresses." I rolled over, and he threw
the mattrasses through the window. They took a large
corn-basket, set the lamp in it, and put the cross-bars
from the window upon it and set fire to them, which
drove us out. As I lay there one said, " what shall we
do with this man—kill him ?" " No," said the other,
" take him prisoner." A man then came in who was an
officer, and said, " oh, we want no prisoners ; he's
we
pr
ale. etty nleamadrly e
t • d
dead, lethim go ashore." I was then
ld very
ov,•e the sentry, but be Rou not

THE SUN, LO

et me pass. The officer sent a man to pass me. I
did not get a very good sight of that officer. I do
not know that I could recognize him. I have not seen
any man that I supposed might be that man since.
I went ashore. I staggered along the railroad
track, and my friends met me. Mr. Wells, I believe,
was one—and they took me into the house. I had
a serious wound on the left arm, and other very serious
cuts. I was not aware of arms being on board that
night, nor armed men.
Cross-examined by Mr. Spencer—l was in the ladies'
cabin. There was a light burning in it all that time.
All the others escaped when I was in the cabin, as I
have mentioned. Ido not know that the basket was
the only fire made on board. All mattresses and the
bedding were thrown out of the cabin window. I should
think there were twenty of the attacking party in the
ladies' cabin. I went on shore. The boat had moved
then from her moorings. I did not see any one go ashore
after me. There was a little boy in the cabin, and I have
the impression he was there when I left. He was twelve
or fourteen years of age. I helped to get the boat out of
Buffalo Creek.

By the Attorney-General—l was not acquainted with
the prisoner at the bar previous to that time.
It was now one o'clock, and the Court took a recess fur
dinner. The Jurors, the prisoner, the bar and the re-
porters, the Court, and the audience retired in the usual
order, one class retaining their seats until the other had
retired. Never was a Court so well regulated.

AFTERNOON SESSION.

At two o'clock Judge Gridley took his seat on the
bench, and the trial proceeded.
Gilman Appleby, examined by Mr. Woods—l reside
in Buffalo, and have lived there more than six years. I
was on board the Caroline when she was attacked. I
took charge of her at the request of the owner, Mr.
Wells. I went to bed on board of her that night.
I was awoke about fifteen or twenty minutes after
twelve. I was alarmed by one of the watch. He came
to the companion way, and said there were armed boats
approaching. I was in a berth in the lower or gentle-
man's cabin. I got up as soon as I could. I got my boots
on and my vest. I had my pantaloons on. I went to the
companion way, with my coat on my arm. The compa-
nion was in a very narrow passage. One side, next to
the engine, was not sealed up. The stairs are winding
and very narrow. I attempted to ascend the stairs.
Captain Harding, and, perhaps, some others, was a-head
of me. A scuffle took place between him and some one
on deck, and the door was closed, perhaps by the scuf-
fling, and shut me in. I remained on the stairs two or
three minutes, and heard such expressions as " show the
damned Yankees," or " the damned Yankee rebels, no
quarter." There was a firing and scuffling. It was one
general noise and confusion. I again got to the door,
and had got it open about a foot ; a man sprang at it
and said " down," and the door was shut in a twink-
ling, and struck at me with a sword which cut
my vest. It went down to my pantaloons, and struck
a metallic button, which turned the sword off. I
sallied back, and went below. There were a number be-
hind ire. I had the lights in the cabin blown out, for I
expected they would come to search for us when they
had done all they wanted on deck. I recollected that I
could get through the engine to the deck, and I crept
through to the upper, or promenade deck. There was
no one on the upper deck, but there was considerable
noise on the main deck. I got from the deck to the
warehouse. I hung on to it some minutes. When there
I heard one say " God damn them, what has become of
the six-pounder that was there before night ?" In a
very few minutes I heard some one say from
near the warehouse door, " Bring a light, God
damn them, we may find some of the damned Yankees
here." There was no floor nor anything but sleepers. As
they searched there I thought I was discovered, and
I jumped from where I stood into the water. I went down
and was rather strangled. As I came up some one
struck me on the back. I got under the pier, and after-
wards crept out, and made the best of my way to the
tavern. I thought at the time I was struck with an
oar or a boarditig-pike. Saw the man who gave me the
blow with the sword. There was a globe lamp hung at
the head of the companion-way. It hung just so that
a man could clear it as he got up. I then supposed that
man to be the prisoner, Alexander M'Leod. I had had
an introduction to him at the Eagle Tavern in Buffalo
a week or ten days before. I thought then I knew
him. I was examined the day after this transaction
at Schlosser, before a Magistrate. My attention was
called to this subject the next day, and I told
every one I supposed it to be Mr. M'Leod, but it was
done very quick, and I might possibly have been
mistaken about it. I went to Field's tavern. I after-
ward's saw Durfee lying on his face, dead. I saw where
he was wounded; the ball passed through his head from
behind, and came out in front. The brains were blown
out. There were blood and brains where he lay. I did
not go down there again that night. I believe there
were ten of the crew, and twenty-three others on board
the Caroline that night; none of them were armed; I
beard the report of a gun immediately after the alarm
was given, and before I got out I heard the report of
other guns; some five or six I should think, but there
was a great noise. There was a boy on board called
Little Billy. He had been with me in the Constitution
on the lake, as a kind of second porter. He was twelve
or fourteen years of age. I have never seen nor heard
of him since.

Cross. examined by Mr. Spencer—We lay at Navy
Island when I last saw the boy. There was another boy
on board of the name of Luke Walker ; he was on board
when we lay up for the night. It was said he was taken
to Canada. I have seen him since. Mr. Wells spoke to
me about running the boat. I was to run from Buffalo
to Schlosser. I volunteered to go until the next morning
if he could get nobody else, and I could return by rail-
road. I had had enough of it in the summer. We did
not take much from Buffalo to Schlosser. When I went
below there was a lamp in front of the ladies' cabin, in
the passage way, and one forward. The one in front of
the ladies' cabin was a globe or single lamp. It hangs
overhead above the companion way to the gentlemen's
cabin. ‘I pushed the door open- about a foot. Outside
the door there was not much light. I had not disco-
vered anybody before 1 opened the door. It was jerked
open quick, and at the same instant a sword was thrust
at me. I shrunk back pretty quick, and got into the
cabin as soon as I could. The transaction was done in
a-twinkling. I did not mark the features of the man at
that time. It was only a supposition of mine. Ido not
now say it was M.Leod.
Samuel Brown examined by Mr. Woods—l reside at
Canandaigua, Ontario county. I have resided in Canada.
I resided at Chippewa in December, 1837. I recol-
lect the time the Caroline was destroyed. I was at-
tending bar for Mr. Philo S. Smith. I know Mr.
M`Leod. I knew him in December, 1837, arid then
had known him three years. I lived one year in St.
Catherine's and two years in Chippewa. M`Leod then
lived at Niagara, distant about twelve miles. I saw
him sometimes once a week—sometimes once a month.
He was Deputy-Sheriff of that district, and I have
seen him attending Courts. I saw him when I re-
sided at Chippewa. I attended two or three of the
Courts, and saw him at Queenston. I saw Mr.
M`Leod at Chippewa. On the evening that the Ca-
roline was destroyed I saw him once. It was after
the Caroline was burned, and where the rails were burn-
ing. They have a canal cut from the Niagara river to
the Chippewa Creek. It is called " the cut," and it is
about forty rods long. The Niagara river empties into
the cut. There were many rails burning there. I
should think, judging from the fences afterwards, there
were over a thousand rails burned there that night.
I went there from curiosity. Platt Smith was with
me. There were people there keeping up the fires.
I saw two er three of the boats come into the cut
from towards Schlosser. They went up Chippewa
creek, and I followed them. There is a tow-path be-
iween the road and the Canal. There is a highway
there. From the centre of the road to the Chip-
pewa creek it may be two or three rods. There is
a road running along the Niagara River, and when
it got to where the river empties itself, it runs up
to the village. It diverges from the cut. The boats
landed
,just below the steam mill on the Chippewa Creek.
Three boats landed there. When the men disembarked
I was near to them; There were ten or twelve men in a
boat. I should say M`Leod was one of them. I was
eight or ten feet from the boat. I saw them all get out
of the boat. I stood about ten feet from them. Mr.
Smith was with me when I came up the canal, I said I
would go and see who was in those boats, and I ran to
the spot. The men who came from the boats went to
Mr. Davis's tavern, which was distant ten or t..% elve rods.
They were talking about the Caroline. There were
other persons came to the boats, but I asked no questions.
When they got to Davis's tavern, some said, " Let's- go
in and take something to drink." There was light in the
house, and the door was opened two or three times. The
man was there that I call M.Leod, and I don't think I am
mistaken about it. I was within eight or ten feet of
him when they made a halt at Davis's tavern. He
stood about ten feet from the stoop. Persons talked with
him. There was a good deal said, and many questions
asked. lam as sure that it was M.Leod as that he is
now sitting before me. He then went into Davis's.
Some of them said our bar tender is here (meaning me),
we will go over to Smith's. Five of them went with
me. From daylight to sunrise the next morning some
one came in and said M‘Leod was standing on the steps.
The man that said that M`Leod was on the steps said
that AP.Leod was wounded last night at the burning of
the Caroline. I said he was mistaken, for I saw him
last night and he was not wounded. Two or three said
he was wounded. I think it was Peter Smith that spoke
to me about M`Leod being wounded. It was spoken of
by several. I went over to see if M`Leod had his arm
slung up, but did not see him. I asked Davies bar
tender if M`Leod was there, and he said he was some-
where about. When I looked out M`Leod stood on
Davis's stoop, near the hall-door. That might have
been four or five rods from where I stood. M.Leod had
a belt round him, and a sword at his side when he gut
from the boat.

Cross-examined by Mr. Spencer—l am about forty-
seven years of age. I went from, Canandaigua to go to
Canada. I left there the Ist of September, eight years
ago.' I left to go there to make money. I did
in not run
away. I did not go away for debt or anything dis-
honest. I returned to Canandaigua April, 1838. I
am a farmer. I know Mr. David C. Bates and Mr.
Phineas Bates. I went into the baking business at St.
Catherine's. From there I went to Chippewa. I built
i
me a house there, and some part of the time I was u the
lumbering business, and some part of the time I was
carrying
passengers from the steam-boats ; I only staid
with Smith in the bar six weeks • I commencect there
at the time they began on the Island ; Platt Smith re-
turned with me that night, and a couple of sailors that I
did not know. Captain Miller also I believe ; we started
together from the front of Davis's,' the sailors were of
the party that came from the boats ; I asked them
their names, but they gave me no other answer than that
Colonel Clark would pay their board ; they boarded
there two or three days before, and one day after the
affair of the Caroline ; the sailors had belts and boarding
pikes. I saw men down at the boats. I saw them down
at the boats, I knew them. In front of Davis's they

DON, TUESDAY, OCTOBER 26, 1841.

asked me if I was going home ; the first day they came •
there they gave me their pistols, cutlasses, and blankets.
They were there two nights before the affair of the
Caroline ; they wore their cutlasses in their belts ; they
had their blankets rolled up ; they called for their cut-
lasses and pistols the evening they came, after supper.
They took them and walked out. I saw them again the
next morning. Mr. Platt Smith laid them away for them
the next morning in the same place where I had put
them the day before. They remained till evening again.
The sailors then called for the arms, but not for the
blankets. The sailors lay up stairs part of the day. I
saw them at their meals. The night the Caroline was
burned, they took their arms again, and said, "We'll take
something to drink, we shall never see you again." The
fire where the gaols were burned was a little above thi
head of the cut. I thought there were but two boats at
first, for they went pretty quick, but when I came up, I
saw there were three. It was as late as three o'clock
when they landed. I was not absent above three-quar-
ters of an hour from Smith's. I was absent to see the
boat burn. I was not in bed for six, weeks. It was a
busy time, and I slept on the counter. I went up to
where the big light was to see the Caroline burn. I
could see it from the house, but there was not so good
a view there. Some thought they saw them on tilt
boat, but I did not. I thought they were trees that
intercepted our view. I only know Mr. M'Leod and
the two sailors that landed from those boats. It was
a cloudy night. I should think there was a moon, but
I did not see it shine. It was a dark night, but I think
I should know a man ten feet off. I (lid not speak
to the sailors. I did rot think it was my business to
meddle with other people's business. They spoke to me
first. Ido not recollect seeing any other light than that
at Davis's tavern. I went up within twelve or fifteen
feet of the stoop. M`Leod stood up to the stoop. His.
side face was towards me. Folks were talking with him.
M‘Leod was asked the question how many were on board
the Caroline. He said there were a good many. He
was asked if any of his own party were hurt, and he
said there was only one armed man on the Caroline,
and he stood sentry. I don't know how many lights
there were in the bar. APLerid stood between me and
the light. I cannot tell whether there Was a light out-
side Davis's bar or not. There was a lamp hung out
there sometimes on dark nights. I knew IPLeod by his
voice, and also by the light. The light by which I saw
M'Leod was inside the tavern. I cannot say whether it
was a lamp, a candle, or fire-light. I only saw a light
shine through the window, and I stood ten or twelve feet
from him. I cannot say how the prosecutor knew that I knew
this. I was subpcened last winter to go to Lockport. I
don't know but I told this story to Mr. David C. Bates.
I don't know that I ever told it to Mr. Wheeler, post-
master of Canandaigua. Many people have asked me
questions about it. When I was lumbering, I was some-
time with Mr. Walker, and sometime with Platt Smith.
After I went home with the sailors that night I laid up
their arms. I saw the sailors again the next day. They
told me they were going to board on a schooner. They
called for their blankets, and said they were going on a
schooner. I saw one after and asked him where he " put
up," and he said "on the schooner." I never
held any conservation with M'Leod. I had seen
him at the court-room, and at Niagara, and St.
Catherines, and Chippewa ; I have " passed the time
of day " with him, but never held any conversation
with him. I knew his face best that night. I was
satisfied I knew him. I knew nothing about the Caro-
line. I knew an expedition was got up one night to go
round the island. I was not accustomed to run about
that time of night, but I then suspected they were
going on the island. I knew nothing of the burning of
the Caroline until I saw her on fire going down the
river. I did not know that the expedition was for that
purpose until they landed from the boat. I heard in the
evening that there was an expedition on foot. The
sailors asked me if they could get in in the night if they
came back. I told them they would find me up. I ran
down to see who were in the boats that I might see
these were the sailors there, that I might go home and
let them in. I saw the sailors there, but I did not speak
to them. I did not know anybody there until they got
out of the boats. They stayed to pick up their implements
at the boats about two minutes, and about three minutes
at Davis's.

Isaac P. Corson, examined by Mr. Woods—l reside
at Niagara Falls. I have been there about three years
—since September, 1838. I am a builder. I lived in
Chippewa from 1833 to 1837-8. I was a master builder
there. I remember the time the Caroline was destroyed.
I saw a light, but lam not certain that I saw her. My
house was about a quarter of a mile from Chippewa. I
was in the village that afternoon and evening. I know
Alexander IPLeod. I knew him in 1833, and from that
time on attending Court ; I saw him the day previous to
the destruction of the Caroline at Mr. Macklem's store;
I also saw him at Davis's ; he was in the back part of
the store ; Captains Drew, ➢lozier, and Usher, and
others were with him ; I thought they were taking
liquor ; glasses were spread around ; I remained but
a minute or so ; the man who kept the store wished
me to retire—they had some private business ; his
name was Call, I think ; I saw M'Leod again about
nine o'clock in the evening at Davis' tavern ; he came
out at the bar-room door as I went in. I did not see
that he was armed. A man went out behind him, but
whether in company or not I cannot say. I saw him
again the next morning, between daylight and sunrise,
at the stoop of Davis's Steam-boat Hotel ; there was a
crowd around him. He was telling some of the exploits
on board' the Caroline, and what the performance had
been. He was saying he guessed they would not want
to see him there again. He had killed one damned
Yankee or two. There were many around, and I was
listening to one or another bragging of what they had
done in the expedition with him. None of them dis-
puted M'Leod nor said he lied. I might have seen him
that day again. I saw him a day or two after that
coming up from the north side of the Creek to Kirk-
patrick's. He had a spy glass. He had been looking
over at Schlosser ; there was a gathering there. He
talked of the gathering at Schlosser,- and said the Yan-
kees were a set of cheats, robbers, and thieves, and he
should like to be on such another expedition as the Ca-
roline, and cut out and burn Buffalo.

- -
Cross-examined by Mr. Spencer_l saw M`Leod when
he was taken up at the Niagara Falls. It was last fall,
but I cannot say what month. I think it was December.
He was taken up for this murder. I understood there
was an examination, but I was not present. I was there
in the evening, at the Eagle Hotel, when he was there. I
was told Squire Bradner issued the process. He was sent
to Lockport then, as I was told. Ido not know whether
he was discharged by Squire Bradner or committed, but
I was told he was sent for to Lockport. When I came
up there I was told he was under a warrant, and was to be
examined the next morning. I did not appear against
him as a witness, nor did I tell anybody that night what
I knew about this matter. I appeared before the Grand
Jury against him, at Lockport, after that, three or four
months after. I don't think he was discharged before
Squire Bradner. I heard that M'Leod had a hearing on
habeas corpus there, and was discharged and went home.
I appeared against him before the Grand Jury in Febru-
ary. I was at the Falls when he was arrested at Lewis-
ton. He was there under arrest three or four, perhaps
five days. I did not go down. I was not subpoenaed.
I did not tell anybody what I knew. I did
not want to have any trouble about it. I did not tell
anybody until I was taken into Court, no more than
what I had told on the other side of the river before I
moved over. I moved in September, 1838. I had told
there what lie had said about the Caroline. I recollect
him being examined before Squire Bell. It was the same
fall as he was discharged under habeas corpus. I heard of
his examination before Judge Bowen. I did not attend
either examination. I kept it to myself on this side.
The Captain Usher that I saw was the Captain Usher
that was murdered at his own door. I only knew Cap-
tain Drew and Captain Mozier by sight. It was the
28th or 29th of December that I saw them. I only knew
it was that time from the almanacs. I was doing a heavy
business, and I kept my books, and put down the dates
usually at the foot of my bills. I was engaged three or
four weeks making out my bills, off and on. lam well
convinced it was the latter end of December that I saw
them at Macklem's. It was the day previous to the de-
struction of the Caroline I saw the fire on the opposite
shore: I lived in the Tillage of the Chippewa. I was in
at Macklem's frequently. I have seen 11`.Leod at Davis's
frequently. I saw him there at nine o'clock that night. I
had heard a whisper about two or three o'clock that day,
that the troops or volunteers that they were getting up were
going round the island or to cut out the Caroline that night.
I don't know that M`Lad is one of the troop, but he
was among them some time- I did not know one in a
hundred that came out of Davis's that day, nor do I
know in particular why I noticed AP.Lued then. I did
not speak to him. He went towards Macklem's store,
and he went off toward the cut. It was as late as nine
o'clock. The next morning I was within four or five
' feet of him. I did not speak with him. There were a
great many flocking round him. The people that were
round him were principally strangers. I think Mr. Wil-
liam Caswell was there, but I urn not certain. Mr. Cas-
well is here as a witness. It first struck me this mo-
ment that Caswell was there. We have talked some
little about it. Caswell told me he was subpoenaed as
a witness. I think we have talked about seeing M'Leod
that morning.
By the Court—I cannot say which spoke of seeing
M'Leod that morning first. I think I did. I think he
said he saw M'Leod the next morning after the burning
of the Caroline.
By Mr. Spencer—l think Caswell told me M'Leod
bragged about being in the boats. We did not fix what
he said and the time together.
Mr. Hall objected to the witness being asked what
another witness had said.
Judge Gridley thought it was proper. The witness
had said that it never occurred to him till this moment
that witness was there, and he also said that Caswell
and he had talked on the subject before, and that Cas-
well told him he was there. The examination was
proper to ascertain whether the witness was mistaken,
or alluded to some other time.
By Mr. Spencer—Caswell resides in Buffalo':
By Mr. Woods---;Chippewa was filled with troops and
other people. There were 2,000 there. Many were
quartered at Davis's.
By the Attorney-General—Recently, after the affair,
I told several at Chippewa what I bad heard and seen.
By Mr. Spencer--I told John G. Davis, who keeps the
hotel. Mr. Davis is here as a witness.
It being now six o'clock the Court adjourned until
fifteen minutes to eig,rht o'clock next morning, and the
jurors and others retired with their usual order and re-
gularity. The prisoner was re-conveyed to Bagg's hotel,
where he is kept in the custody of the Sheriff. The pri-
soner sat throughout the day with bis counsel much at
his ease, notwithstanding the strong testimony of some
of the witnesses against him.

THIRD DAY.
(From the Second Edition of the New York Herald of

October 7.)
We received in time for our last edition the report of
the third day's trial of M'Leod up to one o'clock, the
hour for the •apses to leave Utica. The testimony is

Erect and positive to the fact of the prisoner's partici-
pation in the Caroline affair.
UTICA, WEDNESDAY, OCT. 6.

Judge Gridley took his seat this morning at fifteen
minutes to eight o'clock, at which time there were but
a few officers, lawyers, and reporters, and not a single
spectator present. The prisoner was brought in soon
afterwards. The Jury were a few minutes later, and
then about a dozen witnesses and idlers took possession
of the spectator's seat.
Charles Parke was the first witness called (examined
:)3, Mr. Wood)—I reside in the Niagara district in
Canada. lam a native of Canada. I was raised on
Chippewa Creek. I was there when the Caroline was
lestroyed. I was attending bar for Mr. Davis. I was
here rising three months, commencing about the 10th
or 15th of December, on the day on which they first dis-
covered people on the island. I have known Mr. M'Leod
the greatest portion of the time—he has held the office of
Deputy Sheriff of the Niagara district. I saw him at
Chippewa in the afternoon of the day previous to the
night on which the Caroline was destroyed. I saw him
pretty much that day, and almost every day for that mat-
ter. I saw him that day. He went to bed at Mr. Davis's
pretty early—before dark, I saw him again after dark.
gentleman came aryl asked for M'Leod, and he was
shown where lie was. Mr. M'Lcod got up. It was be-
tween eight and ten o'clock. He came down into the
bar-room, and I think he said to Mr. Davis, if his
brother should come, to say he had gone to Nia-
gara. I saw him after he had left the house that night
at between Mr. Davis's and Chippewa-cut. It was,
perhaps, three quarters of an hour after. There were
a good many people along the road. Whether you
could consider them in his company or not .I cannot
say. He went to some boats tied up at the side of
the river. There were from one hundred to two hun-
dred people there—one hundred at all events. He
proceeded up the Niagara river with the boats. I think
he got into one of them. He went, I should think, three
quarters of a mile up the river with the boats. They
had got out of the boats again, and towed the boats
up the river to the point of embarkation nearly
opposite the lower end of Navy Island. The
current is stiff, and they towed the boats to
;et them up earlier. They shoved off from shore, and
steered across the river as far as I could see. I remained
there an hour, and then returned to Mr. Davis's and
went to bed. I left Mr. Johnson, the bar tender with
me, up. I have understood he is in Detroit. I have
not seen him since the fall of 1838. I saw M'Leod
again next morning, about sunrise, or a little after,
or a little before. I saw him in the village of Chip-
pewa, either in front of Mr. Davis's house, or in the
square. There were a great many people stirring at
that time. There were none very close to him. I
do not recollect hearing him say anything. If I recollect
right M'Leod had a sword by his side. I believe I saw
him again during that day—l think not a great while
after, standing on Mr. Davis's platform or stoop. I
don't recollect how often I saw him. I have
seen him very often since that day. He was about
Chippewa a good deal that winter. lie was often in
the officers' mess-room. I think I have heard him say
something about the destruction of the Caroline. It
was two or three days after. I think it was in the mess-
room where the officers dined. Captain Stennet was
one that was there, and Major Cockle of the dragoons.
There were four or five of them. He said he had killed
a Yankee, or something to that purport. They were
conversing in reference to the Caroline. I speak with
considerable certainty when I say that M'Lcod got into
the boat opposite the lower part of the Navy Island. I
have no doubt of it.

Cross-examined by Mr. Spencer—When I am at home
I live now in the township of Mamfleet, seventeen or
eighteen miles up the Chippewa creck ; I am farming and
have a family ; I cannot exactly say I own the farm ; it
would be a lengthy story to say how I hold it ; I hold it
with the other heirs of my father—my brothers and sisters;
my age is 29. I attended bar for Mr. Davis something
like three months and a half; it was a busy time there ;
there was a man named Johnson attended bar there. He
was there before I came. Mr. Davis attended some-
times. The regular number that belonged to the officer's
mess was six or eight. There was Captain William
Stennett, Lieutenant Caldwell, Captain Lackey, Mr.
Cockle, who had some office in the Dragoons, whether
Major or Captain I cannot say. I don't recollect the
names of the others. There were other guests about the
house. There was a great deal of business doing.
(The witness was under examination when the ex-
press left.)

FEELING ON THE BORDER.—Several meetings have
been held in Vermont, along the line, respecting the re-
cent abduction of Grogan. Strong resolutions were
passed unanimously at Burlington and Alburgh. They
were firm, decided, yet calm and moderate. As an in-
stance of their firmness, and of the feeling of the people
in that region, we give one of the resolutions adopted at
the Burlington meeting :
"Resolved—lf this outrage shall be justified (by the
BritiSh) it will be an affront to the nation ; and to the
nation we confide the keeping of its honour and the pro-
tection of its citizens, hereby pledging ourselves to a
hearty co-operation, and guaranteeing that fifty thousand
green mountain boys, good and true, shall be ready for the
crisis."

We subjoin the most interesting miscellaneous extracts
from the papers, and also the latest commercial news :
(Correspondence of the Courier and Enquirer.)
CASE OF 3PLEOI).
" 'UTICA, SEPT. 30.

" I have just been told by a member of the citizens'
guard (ten of whom are on duty every night at Whites-
borough, where APl.cod is confined), that the Sheriff
has ordered them to have thirty men fully armed and
equipped every day during the trial. The same person
informs me that in this county alone there are upwards
of 400 Hunters,' who are gradually centering towards
this place.
" It is rumoured that Captain Appleby, who com-
manded the Caroline when she was destroyed, has de-
clined attending as a witness on the trial of 11PLeod.
" We learn from the Army and Navy Chronicle, that
Commodore Thomas Ap Catesby Jones was appointed on
the 23d ult. to the command of the United States squad-
ron in the Pacific Ocean, and will hoist his broad pennant
on board the frigate United States at Norfolk."
The Savannah I?epublican of the 27th ult., gives a
long catalogue of the destruction of crops, mills, bridges,
and various descriptions of property, occasioned by the
recent freshet, which extended throughout the State. At
Columbus several bridges, mills, and mill dams were
swept away. At Forsyth it rained from Wednesday
night to Thursday afternoon without intermission. The
water-courses were swollen to an extraordinary height
and nearly all the bridges destroyed. At 'Washington
(Wilks county) the storm was more violent than ever
known before ; bridges were carried off, and scarcely a
mill remains uninjured. The fields have been swept of
whatever grew upon them, and the cotton has everywhere
been so much injured as to be entirely worthless.
(From the New York Morning Herald of Oct. 7.)
HORRID ACCIDENT ON THE WESTERN