The Sun.
London, England, 1841-10-30 00:00:00

THE SUN, LONDON, SATURDAY, OCTOBER 30, 184 i.

AMERICAN NEWS
TRIAL AND ACQUITTAL

OF MR. .111,LEOD.

REV EASE OF COLONEL GROGAN.

LIVERPOOL, FRIDAY NIGHT.

By the Acadia, Captain Rylie, which arrived
this night at Liverpool, we have received New
York papers to the 16th, and Halifax dates of
the 18th, whence she sailed on the evening
of that day. She brings the gratifying intelli-
gence of the acquittal of Mr. M'Leod ; the
trial lasted eight days, and the Jury without
hesitation returned a verdict of " NOT GUILTY."

Judge Gridley, in summing up, was very elo-
quent, and was entirely in favour of M'Leod.

The Montreal Herald states that Colonel Gro-
g:a-TA-lad been, released by order of his Excellency
Sir Richard Jackson, administrator of the Go-
vernment, on application of the United States'
authorities. He was handed over to an in-
spector of police, with directions to be safely
escorted to the province line. The excitement
caused by these unfortunate events was subsiding,
and a better feeling springing up on both sides
of the border.

Beyond the above there is little news of inter.
est, either from the United States or Canada.

Since our last advices no change has taken
place in the Money Market, the high rates of
Foreign exchange preventing the free operation
of the Market. The Exchange on England was'
91 to 10 prem.

THIRD DAY—CONTINUED.
UTICA, OCT. 6.
Henry Meyers (examined by the Attorney-General)—
I reside about four miles on this side Canandaigua. I
work on a farm. I have a family. I am a blacksmith
by trade. I have resided in Canada. lam a citizen
of the United States born. I went to Canada seven
years ago, and left there eight or ten clays after the Ca-
roline was burned. I have seen M'Leod twice before.
Saw him when I was moving out of Canada, at Niagara,
in Canada. It Was about a year before I left Canada
that I saw him at St. David's. When I saw him at Nia-
gara, I had stopped with my horses to bait them. It
was cold, and I went into the bar to warm myself.
There were fifty or sixty persons there, some of whom
had weapons, and some had not. When I was in the
tavern, there was a conversation as to who had shot
Durfee. Somebody spoke and said, " Who is the man?"
M'Leod spoke and said, "Here ho is; by God I'm the
oae." Then he pulled out a horseman's pistol, and said
" that's the pistol that shot him ;" he then put up his
pistol, and pulled out his sword, and said, " there's the
blood of the damned Yankees ;" there was blood on the
sword about five or six inches long. It was dried on.
I then went out of doors to the shed to feed my horses
with oats, and he and two or three others followed me
out. They asked me where I was moving tot I said to
Geneva. They asked me why, and I said my friends
all lived there, and my wife was not satisfied with Ca-
nada. Some of the company said I was a damned rebel,
and M'Leod said I was a damned Yankee, and should go
no further. They were under the shed sometime talk-
ing, and at last M'Leod said if I had a mind to treat the
company I might go on. I did so. I said I had no-
thing against either party. We went into the bar and
drank till it amounted to a dollar, which I paid, and was
then allowed to go. I have not, neither before nor since,
heard M'Leod say anything about it, nor do I know any
thing about the Caroline.
By the Attorney-General—l had never travelled
from Smithville before ; the country is not thickly set-
tled as in this country, and I took directions from others;
the person that I saw there was the prisoner ; I have no
doubt of it ; I took particular notice of him, for as he
used me in that way, I thought if ever I caught him on
this side, I would try and use him in the same way.
Calvin Wilson (examined by the Attorney General)—
I live in the town of Wilson, in the county of Niagara;
I have seen the prisoner at the bar, and am somewhat
acquainted with him ; I saw the prisoner somewhere
between the 4th and 15th January, 1838, at the house
of James Miller, a public-house in the village of
Niagara ; there was quite a number of people with
him ; I knew a young man of the name of Baincock
who was with him ; I saw Mr. Miller passing in and out;
I think John Mozier was there ; I supposed I saw a
young man named Meredith that I wanted to see, and a
man called Elmesley ; they were in a sitting room in the
public-house. Mr. Itaineoelc brought up the subject of
the destruction of the Caroline, and how many were
killed, murdered, or burnt ; this Mr. M'Leod than re-
plied he did not think there were more than three or
four ; he did not know but there might be five. One
thing he said he did know, that one "damned Yankee"
or " damned rebel " got shot on the wharf. Mozier did
not say any thing, if it was Mozier. I don't recollect
Elmesley saying anything. I believe lam sure the
prisoner said very near the words I have given. I hare
no doubt the prisoner is the man.
Cross-examined by Mr. Spencer —I had never spoken
to bP.l.eod, but I had seen him frequently, and knew him
very well. lam just as sure that I saw him there as I
am that I saw Itaincock, and as sure of ltaincock as of
M'Leod ; I am sure they were both there.
By Judge Gridley—Since that time I have given
means to aid in promoting an enterprise egainst Canada.
Judge Gridley informed the witness that such an en-
terprise was an offence against the laws of this State, and
if the witness thought his answer would tend to convict
him, he ;night decline to answer.
Witness—l decline to answer, then.
Sables Yates (examined by Mr. Woods)—l reside in
the west part of the town of Clarkston, Monroe County ;
I lived in Canada when the Caroline was destroyed,
s 7
about one hundred miles from Toronto, down the Lake.
I don't know that ever I saw M'Leod to know him but
once b
Niagara goal, Lockport,
Niagara fcrety
;. thatl
bwelaievt was last April. I could
not say that I had seen him before that. I have been
ooun
to Quecnston several times. I was there in the latter
part of the winter of 1839, for the first time. I cannot
say positively that I saw him. I was in the public-house
where there were persons taking something to drink.
One said this is something like the night after the burn.
ing of the Caroline ; another said yes, damn them, we
gave them " a lick," and I should like another job of the
same kind. I was told M'Leod was the person who made
that observation.

Mr. Spencor—l hope the Jury will have sense enough
to know that is not evidence,

Judge Gridley said he had heard much that was not
evidence, and lie regretted to hear it. Counsel should
avail themselves of the rules of evidence.
The witness was asked if he saw M'Leod there, and
he said he did not recollect. He did not appear to know
him at all.

Leonard Anson was called and examined by the
Attorney-General—l am 4 carpenter, and live at
Lockport; I was at Chippewa in December 1837, and
remember the expedition against the Caroline ; in
the night, the centinel in front of the house called
me up, and I saw the light of the Caroline burning.
I was sleeping at Smith's house. Early in the morning
I want over to Davis's, and saw a number of per-
sons in the bar-room, and among the company was Alr.
Ml•Leod. I knew M‘Leod, and had seen him frequently.
I have no doubt that he was there that morning. Ile
was standing by the side of the bar. I believe the lights
had been blown out. It was just at the break of day.
The room was full all round. It was a large room. Ile
had just been drinking, apparently. He had hold of a
glass, and had his hand on the counter. They were
all talking of the expedition they had been on that
night, and which had done the greatest crime. The
persons with him talked as if they had been on
the expedition. lie said " I have killed one damned
Yankee, and here is his blood," pulling out a pistol,
and exhibiting it. I don't recollect anything else
said by him. When he said he had killed a damned
Yankee, those that were there did not contradict
him, nor express surprise, as though that was the
first time they had heard of his being there. When
the sentinel called me he said, " They have cut out the
boat and set her on fire," -or words to that effect. I drove
Mr. Smith's team at that time. When the outbreak took
place, there was no work in my business, lam a native
of the United States, and was born in Albany county. I
now work at my business. I am employed by Judge
Porter's son.

Cress-examined by Mr. Spencer—l have no connec-
tion with the people on this lido who are acting
against Canada. I have the feeling, but I suppose it
is only such as any American citizen would feel.
The morning I first heard M`Leod was taken I was at
Lockport, and than for the first time I told what I
knew about it. I went to Lewiston that same night.
I told it to Philo Smith just as Ido now. lie was than
living at Lockport. 110 is the man who kept the tavern
at Chippewa in 1837. Philo Smith testified in this mat-
ter. We had not talked it over at all. I went over to
Davis's the morning I have mentioned, out of curiosity,
the same as anybody would have done. I believe I spoke
to no one. They were talking about the expedition, but
I cannot tell what was said more than I have mentioned.
I saw the blood on the breech of the pistol.
Mr. Spencer then proceeded to open Elbe case for the
defence, and was speaking when our messenger left.
In opening the defence of the prisoner, Mr. Spencer
spoke as follows

- - . -
GENTLEMEN OF THE JURT—I need scarcely say, that
this is a case of no ordinary character and importance.
It is the first of the kind you have ever tried, or in all
probability will be again called on to investigate ! A
solemn duty has devolved upon you, and I have not the
smallest doubt that it will be fully and faithfully dis-
charged. The defence which we intend to make is two-
fold, and I will place it before you in its double aspect
g
thus early, in order that the Court may be prepared to
direct our conductin of the case.as it may
think proper.
' In the first place, then, we will inquire whether any mur-
der has been committed at all; and secondly, whether, if
that question be answered in the affirmative,
Alexander APLeod was ono of the murderers.
We shall in the first place, after a few more facts shall
have been made to appear in evidence before you, insist
that there can be no such offence as that of murder
proved as growing out of the destruction of the steam-
boat Caroline. And here allow me to say, that in the
whole course of my reading—limited I admit it has been
—I never knew of a similar case. It is now for the first
time that we see an individual acting under the authority
and by the order of the Government whose subject he
was, having been put on trial for obeying those orders.

This is indeed a remarkable occurrence almost at the end
of the first half of the 19th century? As the Counsel of
Alexander M'Leed, then, I shall have occasion to contend
that there can be no such thing as murder charged
against any of the persons who formed the expedition
sent to destroy the Caroline. And let me here add, that
the question as to whether that act was a justifiable.pro-
cedure or not on the part of the British Provincial Go-
vernment cannot be entertained by you. The facts,
Gentlemen, to be adduced will show that this party
which made the attack upon the Caroline, consisted of
the crew of seven boats—six of them containing eight
persons, and ono contained nine—and which were made
up of British provincial soldiers then on duty at Chip-
pewa ; that Colonel M'Nab ordered the expedition ;
that he acted under the authority of Sir Francis Bond
Head, the Provincial Governor, who directed them to
seek out and destroy the Caroline, which he then be-
lieved to be in the employment of the party on Navy
Island, who had there raised the standard of revolt, for-
tified their camp, and opened their batteries on the
Canadian shore. When this party was thus circum-
stanced, and at a season of the year when navigation by
any other vessel was extremely perilous, that boat
came down for the express purpose of being employed
by the occupants of Navy Island, and in their
service that boat was from day to day engaged.
The boat was then as liable to destruction at Schlosser
as if she had been moored at' Navy Island, so far as
respected individual responsibility. Indeed, it was now
proved that Schlosser was the very rendezvous of the
party of the invaders of the Island, or of those who
were continually carried over to the Island. Wo shall
contend, Then, that the boat, while at Schlosser, was
there for as hostile purposes as if at Navy Island, and
that the British authorities were therefore as much
justified in destroying her there as if she had been at
the latter place ; and I ask every American citizen if he
would have regarded the destruction of the boat at Navy
Island as an offence ? Might not the Island have been
justifiably invaded, and the persons on it taken pri-
soners and slaughtered, without the persons so in-
vading it being chargeable with the crime of murder,
or any other offence against the laws whatever ?
, Whether the insurgents on the Island were right
or wrong, is wholly immaterial. Whether the Bri-
tish Government had been tyrannical, and had driven
these people to desperation, is wholly immaterial. The
Canadian subjects of Great Britain had seen fit to revolt,
and with O. aid of American citizens had made open
war in Canirda, and whether they were right or wrong,
it was a war, and all the rights and immunities that be-
longed to those engaged in war, pertained to then]. We
will show to you, Gentlemen, that the Government
of the United States took this view of the case—that
they took cognizance of this offence, and demanded
reparation from the Government of Great Britain,
and that at a later day the British Government acknow-
ledged the responsibility of that act, and declared that it
was dons in obedience to the British Provincial Govern-
ment, and justified it as a necessary act for the protection
of the subjects of Great Britain, then living in Canada.
The Federal Government, then under the constitution,
had taken full cognizance of the whole matter, embrac-
ing not only the invasion of our territory, but also the
destruction of the steam-boat, the property of one of our
citizens, and the taking away of the life of another. All,
all those considerations were presented to the notice of
Great Britain, and our Government mindful of the na-
.tion's rights, and ready to vindicate them, had demanded
full and entire satisfaction for the injury which our coun-
try has received. But the individual who formed part
of that public force of Great Britain, stands excused as
he always must, from all the consequences of his action
under those orders. As an individual offender he is not
answerable to any tribunal. Passing from this, I will
now take up another branch of the case, on w !Lich I am
well persuaded the intelligent Judge who presides here,
and myself, will have no difference of opinion, whatever
may be our respective views of the other features of the
case, and thus unfold more deeply interesting ques-
tions of constitutional right, and that is the point as
to whether M'Leod had anything to do with this tran-
saction or not. lam willing, and I intend to call
your attention more minutely to the evi-
dence sustaining that ground of defence, than that per-
taining to the other position which we have assumed ;
because that evidence sustaining the latter is not in any
degree susceptible o; dispute. Every word of evidence
given on the part of the prosecution has gone to estab-
lish our case, and what is yet to come will only confirm
what has been shown already. But the point to which
I call you now is, that Alexander M'Leod had no more
to do with the destruction of the Caroline, or with the
killing of Durfee, than either of you, Gentlemen of the
Jury. Not any more. And I speak with knowledge of
the facts, and will satisfy you that what I have now said
is fully and literally true. I confess that I ani somewhat
surprised by the results of this trial which we hare yet
seen. I anticipated much greater strength on the part
of the prosecution. I ant here to defend a man whose
life is as dear to him as yours is to you, and to whom
yon are bound to give a fair trial—a patient hearing—
and a faithful and impartial verdict, just as much as it
he were an American citizen. I ask no favour at your
hands, because he is a foreigner. We expect nothing
whatever from your hands, on account of the difficulty
" in which your verdict may place the Governments of
the two countries. We ask only that you will listen to
the evidence, cautiously weigh it, and then pronounce
whether Alexander M'Leod is a murderer or not. First,
on the part of the defence we have Col. M'Nab, who proves
the issuing of the orders to Captain Drew, the individual
who had charge of the expedition. Col. A.P.Nab states
that the expedition, when planned, was a profound
secret, unknown to any except himself end one or two
confidential officers. The party collected on the shore,
and went on board the boats, and then the purpose of
the expedition was declared when the party_ was on
its way to accomptibh its object. When the • expedi-
tion returned, Colonel Nl.‘tiab ordered a list of all the
men engaged in the expedition to be made out, in-
tending to bestow upon them some mark of appro-
bation for their hardihood and successful conduct of the
expedition. In the lists thus made out, the name of Al iLeod,
either Alexander nor Angus, does not appear. Col. M'Nab
also says that he was on the shore when the expedition
embarked, and that he did not see M•Leod, whom he
knew most intimately. Then every boat's crew were
acquainted with each other, and they respectively testify
that M'Leod was not among them. This is in substance
the evidence which we have taken on commission, and
that will be first laid before you in our defence. You
will listen to that reading with attention, although it
may not be so satisfactory as the evidence of witnesses
who would be before you personally. Bat we will also
produce before you living witnesses, who will speak of
what they know.
At the close of the Learned Gentleman's remarks, the
Court was adjourned until Thursday morning, at fifteen
minutes to eight o'clock.

FO URT fl DAY.
UTICA, OCT. 7.
The Court re-assembled this morning at 15 minutes
before eight o'clock.
The first witness called upon was Alex. C. Hamilton,
Esq., who was examined by Mr. Spencer, to contradict
one of the witnesses for the prosecution, who &prised
to a conversation between him and Riincock and
Nl‘Leod, after the affair of the Caroline. I reside at
Niagara, in Canada. Raincock, the person spoken of
by one of the witneases yesterday, had left Canada in
November, 1837. I was married in January of that
year, and went to England. I returned in November,
and Raincock bad left then. [ had been on habits of
intimacy with him, and I think he could not have been
there without my knowledge. I understood he had
gone to England. The Canadian outbreak occurred
after I returned.

Cross-examined by the Attorney-General—Raincock
s a deputy-collector of Customs. I don't know whe-
ther Raincock was a Patriot or a Royalist. The out-
break trek place after he had lelt.
The following will be found to contain the main and
most important facts proved by the witnesses examined
under the Commission in Canada, to which the Learned
Gentleman alluded in his opening speech :
The testimony of Sir Allan M'Nab was taken at
Kingston, in Canada, on the 18th of September, 1841,
before James E. Small and James Harvey, Esqs.,
Commissioners—Joseph Center, Esq., being present
and approving for the people, and Hiram Gardner,
Esq., for the accused. He said—l am a barrister.
I reside at Dundwin, in the Gore District, in the
Province of Canada, about forty-five miles from
the town of Niagara. I know a body of militia
was assembled at Chippewa in the month of Decem-
ber, 1837, and January, 1838, to the number of be-
tween two thousand and three thousand, to repel an
expected invasion from rebels and American brigands
assembled on Navy Island, and on the American shore,
near Schlosser. They were ordered out by the Lieu-
tenant-Governor of Upper Canada, Sir Francis Bond
Head, for the purpose aforesaid. I was the officer in
actual command of the forces then and there assembled.
Sir F. B. Head was at Chippewa more than once dur-
ing the months named. Of the force assembled there
by his directions I assumed the command by his order,
directed to mo as Colonel of the 3d regiment of Gore
Militia. 'lle Governor-General of the two provinces
was not at Chippewa at the time mentioned. ido
remember the last time the steam-boat Caroline came
down previous to her destruction. From the infor-
mation I received, I had every reason to believe
that she came down for the express purpose of assist-
ing the rebels and brigands on Navy Island with
arms, men, ammunition, provisions, stores, &c.
To ascertain this fact, I sent two officers with in-
structions to watch the movements of the boat, to
note the same, and report to me ; they reported they
saw her land a cannon, (a six or nine pounder), cove•
ral men aimed and equipped as soldiers, and that she
had dropped her anchor on the east side of Navy
Island ; on the information I had previously received
from highly respectable persons in Buffalo, together
with the report of these gentlemen, I determined to
destroy her that night ; I entrusted the command of the
expedition, for the purposes aforesaid, to Captain A.
Drew, Royal Navy ; seven boats were equipped, and
left the Canadian shore ; I do not recolset the number
of men in each boat ; Captain Drew held the rank of
Commander of her Majesty's Royal Navy. I ordered
the expedition, and first communicated it to Captain
Andrew Drew, on the beach, where the men embarked,
a short time previous to their embarkation. Captain
Drew was ordered to take and destroy the Caroline
wherever he could find her. I gave the order as
officer in command of the forces assembled for
the purposes aforesaid. They embarked at the
mouth of the Chippewa river. I was there when
they embarked, and when the boats shoved eft,
I had been there about a quarter of an hour.
I noticed most of the persons going into the

s boats; I stood within ten or twelve feet of most of the
boats as the men went on board ; and while they
were preparing I was walking about among them,
which afforded me the means of knowing who em-
barked. I know Alexander APLeod, late Deputy
Sheriff of the Niagara disteiet. I did not see him
when the boats shoved off to destroy the Casoline ; he
was not in my presence this evening. I made a return
to the Lieutenant• Governor of Upper Canada, of the
officers and men who destroyed the Caroline. lam
sure the name of Alexander M'Leod was not among
them, because he was not one of the party ; therefore
his name could not have been in any return made by
me. I was not in command when the forces took pos-
session of Navy Island. Captain Drew is now at
Woodstock in the Brock district of this province.
Shepherd M'Cormick, Esq., of the township of,Lon-
don, in the district of London, Canada, aged 49 years,
being examined on the part and behalf of the defendant
(M'Leod) says !—" The first time 1 ever saw Alexander
M'Lcod was on the night of the 28th of December,
1837, when he was introduced to me by Captain
Graham. I never saw him until the time before men-
tioned. I was in Chippewa at the time of the destruc-
tion of the Caroline, and for some days prior to it. The
persons who went to destroy Vie Caroline embarked at
the mouth of the Chippewa River. I think they were
standing there about half an hour before they em-
barked. I was getting the boats ready. I took the
list of the names, and went round to get volunteers by
direction of Captain Drew, as I was second in com-
mand. When the boats went to destroy the Caroline
Ido not know where Alexander M'Leod was. I did
not take down his name, and am positive he was not of
the party. I was the second man on board the Caro-
line on the night of her destruction, and in different
parts of her. I was wounded and put into one of the
boats before the other assailants left the Caro.
line. I did not see Alexander M'Leod among the
assailants, and am positive he was not one of them.
Alexander M'Leod called on me shortly after the de-
struction of the Caroline, and expressed his regret that
he had not heard of the expedition, as he would have
accompanied it ; further than this I know of nothing
more that may tend to the advantage of the " said
Alexander 111'Leod." To :the cross-interrogations he
says, " I am a Lieutenant in the Royal Navy ; I was
third in command of the naval brigade at Chippewa,
under Captain Drew, until Captain Graham left, when
I was second in command. I neither commanded nor
was attached to any vessel. On the night of the 28th
December, 1837, Alexander M'Leod accompanied me
in a boat around Navy Island. I did not again see
him until after the destruction of the Caroline. I ne-
ver conversed with him, nor did I ever hear him con-
verse with any persoo on the subject of the Caroline
previous to her destruction.
John Harris, of the town of London, in the Dis-
trict of London, Canada, aged sixty years, being ex-
amiuined on the part and, behalf of the defendant
(Alexander M'Leod) says :—I have no personal ac-
acquaintance with Alexander 111'Leod ; I am not cer-
tain that I ever spoke to him in my life. I kneW him
by sight not for a longer period than a week. I recol-
lect the destruction of the Caroline. 1 was in Chip-
pewa about that time, and about a week or ten days
before she was destroyed. Those who went to destroy
the Caroline embarked at the mouth of the Chippewa
Creek, in the district of Niagara. The men were in
the boats half an hour before they started. They
were ordered into the boats as they arrived. I was
amongst them engaged under Captain Drew, engaged
in manning the boats. Iha 1 every opportunity that
an officer has of seeing and noticing those engaged in an
expedition under his command. I saw the Caroline
on the night of her destruction. I was one of the
boarding-party. 1 boarded her abaft the wheel house ;
went forward to the forecastle hatchway, and was after-
wards in her cabin. I went on at the same time as the
other assailants. 1 believe I was the last person who
left her. Alexander M'Leod was not with the assail-
ants, and had nothing to do with the destruction of the
vessel. 1 know of no other matter or thing, nor can I
say any thing touching the matters in question in this
cause, that may tend to the benefit or advantage of the
said Alexander M'Leod, besides what I have been in-
terrogated unto. All I can say is, lam positive Alex-
ander M'Lcod was not in the boats, as I was actively
employed as aid-de-camp to Captan Drew, in superin-
tending the manning of the boats.
Angus M'Leod, of the township of Kingston, in the
Midland District, aged twenty-seven years, being
swore. and examined on behalf of the defendant, says—
Ido know Alexander M'Leod. He is my brother.
I have known him since he came to this country, ex-
cept when he paid a visit to our family in Scotland. He
came to this country in 1831, since which time I have
known him intimwely as my brother. Ido recollect
the time of the destruction of the Caroline. I was at
Chippewa at that time. I went to Chippewa the day
previous to the destruction of the Caroline, in company
with my brother, Alexander M'Leod. I was not con-
cerned in the expedition, and cEtl not know of it untl
they bad started. I do not know when the expedition
embarked and pushed off from the Canada shore. To-
wards the evening of that day I saw Alexander M`Leod
on horseback. As I think, he told me he was going
on horseback to Stamford, distant about three and a half
or four miles, and I have no doubt he left Chippewa
that evening for Stamford. Ho was not in my pre.
sence front the time that he was on horseback as I
have before stated, until the next morning ; I was not
on the teach when the boats started, and did not go in
any boat from Canada to Schlosser upon that occasion ;
the nearest I was to the Caroline on the night of her
destruction was at the bank of the Chippewa Creek,
being distant two and a half miles from Schlosser ; with
regard to the presence or absence of Alexander M'Leod
during the attack upon the Caroline, I can say nothing
more than what I have already stated ; 1 have reason
to believe I saw the men who were engaged in her de-
struction, as I saw them land from the boats that came
to the Canada shore Irons that direction, after I saw the
boat on fire ; I did not sec Alexander M'Leod among
them, and I believe he was not among them. I did not
think of looking for him, knowing where he had gone.
Ido not know Sir Allan M'Nab by sight. 1 do not
know where he was when the expedition started, nor do
I know who commanded the expedition, or by whose
command the expedition was undertaken. I saw Alex-
ander M•Leod about nine o'clock in the mornins after
the destruction of the Caroline, either in Stamford or
on his way from Stamford to Chippewa. This was the
first time I saw him after we had parted the evening
before in Chippewa, when I either saw bins on horse-
back, or when he stated he was going on horseback to
Stamford.

Evidence of P. Clevely, Esq.—The first time I
ever saw Alexander M'Leod was on the evening of the
28th of December, 1837, when he was preparing to
accompany Captain Graham round Navy Island ; he
remained during the greater part of the night at our
quarters ; I was present when he embarked and when
he returned, but have not seen him since ; I perfectly
recollect the time of the destruction of the Caroline;
I was at Chippewa about that time ; I had been there
three day.; when it took place; the persons who went
to destroy the Caroline embarked at the Chippewa
river, near •ti mouth ; they were standing on the bank
about halt an hour before starting; I was there during
the time, and saw most of the men embark ; when the
persons who went to destroy the Caroline embarked I
do not know where the said Alexander M'Leod was.
Ile was not in the boat with me. I have never seen
' the said Alexander M'Leod since the morning of the
29th of December, 1837, when he returned from the
expedition round Navy Island with Captain Graham.
When the boat pushed off to destroy the Caroline I
weet in the boat commanded by Lieutenant Beere,
of the Royal Navy. I saw all the persons in
the boat, I went in from Canada to Schlosser.
Alexander M'Leod was not one of them. I
did not see him on my way from the Canada shore to
Schlosser. I was on board of the Caroline on the
night of her destruction, and went into most parts of
her. I boarded her at the same time as the other as-
sailants, and left her about the same time they did. I
did not see the said Al.!xander M'Leod among the as-
sailants, neither do I believe that he was one of them.

I saw all the men who composed the expedition. Alex,
M'Leod was not one of them.

In answer to the cross-interrogatories, he said—l re-
side in th 3 town of London, in the district of London,
and province of Canada, and I havo resided there be-
tween six and seven years. lam a native of England,
anti a barrister-at-law.

Edward Zealand, of the town of Hamilton, in the
Gore District and Province of Canada, mariner, aged
45 years, deposed as follows :—I do know Alexander
M'Leod, and have known him since about January or
February, 1838. I was not acquainted with him in
December, 1837. I knew his person by sight in De-
cember, 1837, but did not know his name was M'Leod
until 1838. I think him a native of Scotland and a
British subject. Ido recollect the destruction of the
Caroline. I was in Chippewa at that time and had been
there from about the 25th December, 1837. The ex-
pedition embarked from the Chippewa Creek. I think
those who embarked were engaged in the preparations
on the beach for about an hour before starting. I was,
among the ethers, assisting in the preparations during
that tittle. I bad no opportunity of noticing those who
went except the persons in the boat in which 1 went.
I do not know where Alexander M'Leod was at
the time mentioned ie the interrogatory ; I know he
was not in the boat in which I was ; I went on the ex-
pedition in a boat commanded by Captain Drew ; I
saw all the persons in the boat I went in from Canada
to Schlosser. Alexander M'Leod was not one of them,
and I did not see him on my way from Canada to
Schlosser. I did see the Caroline on the night of her
destruction. I was on board of her, aft in tlle cabin,
and on the larboard side of the deck. I got on board
of the Caroline about the same time with the other
assailants. I left her nearly the last. I did not see
Alexander M'Leod among the assailants, and I do not
believe he was one of them. There was a dead man
lying on the dock at Schlosser, but he was not conveyed
there. The man referred to met his death during the
attack upon the Caroline, but I do not know whether
lie received the shot on the Caroline, or on the dock.
I think the shot which struck him proceeded from the