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

SIXTH DAY.

UTICA, OCT. 8.
The Court sat last night until near ten o'clock, and
Judge Gridley appeared to be as much disposed to con-
tinue sitting as he has been at any period of the trial ;
but the jurors exhibited symptoms of drowsiness, and
the appeal was irresistible. Oee juror had tied his
handkerchief about his head, and appeared to be en-
joying a sound sleep while the depositions were being
read ; others were resting their weary beads on the
front of the jury box, and altogether they looked more
like twelve convicts, broken down in mind and body,
under the dreadful sentence which dooms to an igno-
minious death, than a jury sitting to decide on the fate
of another. The Court accordingly was adjourned until
a quarter to eight this morning, at which time Judge
Gridley took his scat on the bench. He was, as usual,
the first man in Court, and with all the freshness of
joyous joeth : he never fails, nor does he betray any
fatigue under his arduous duties.
The depositions read are those of Sir Allan M' Nab,
John Harris, Edward Zealand and, Will'am S. Light.
The Court-room is almost destitute of spectators.
An incident occurred yesterday which created much
amusement. The " Patriot" General Sutherland is
here busily engaged in reporting the trial for a small
pamphlet. While thus engaged a stranger quietly took
up Sutherland's cloak, under the nose of one of the
officers, and walked with it out of Court. Suther-
land's consternation was ludicrous when he discovered
his loss ; and the vexation of the officer was visible
when he found a theft committed before his eyes; but
in his justification he said the man walked away with it
as though it belonged to him. There are many pick-
pockets in this neighbourhood.
The Counsel got through the depositions by one
o'clock, havaig read those of Sir Allan Al• Nab, John
Harris, Edward Zealand, William S. Light, John Gor-
don, Christopher Beer, Hamilton Robert O'Rwilly,
Captain M'Cormack, Frederick Cleverly, Thomas Hec-
tor, John I'. Batterbj, and Neil M'Gregor, and the
Court then took a recess for dinner. These witnesses
v.-cre distributed amongst the seven boats of the expe-
ditioa, and from each boat there was one or more of
them proved that M'Leod was not in the boat in which
the witness was seated.
William Press examined by Mr. Spencer—l now re-
side at Hamilton, in Canada. lam a tavern-keeper.
1 kept the Promenade House. 1 lived at the village
of Niagara from 1835 to the Ist of last July. 1 was
a tavern keeper there. I knew M`Lesd well at that
time. I made his acquaintance soon after I went to
reside at Niagara. 1 lived about 300 or 400 yards
from him. I recollect the troubles in Canada. I was
at Chippewa only once during those troubles. I was
there on the 29th of December. 1 left Chippewa the
evening of the 29th, a little after dark. I put my
horses in a place a little way from Davie's. Mr.
O'Keith rode down with me, and Mr. M`Leod rode
with me to Stamford. I mean the prisoner at the bet.
Stamford is about six miles from Chippewa. The
roads were very bad from Chippewa to the Falls. They
always are in wet weather. In the state in which the
roads were then it would take M'Leod an hour and a
half to ride down. M'Leod left me at Mr. Nlorrison's
gate. I knew Raincock, who has been spoken of,
very well. He left Canada before the troubles. I ex-
pect he has not been back since. Shortly after I re-
ceived a letter from him from New York. 1 have
heard of his being in England since, as a clerk on a
railroad. I was told by a person who saw him.
The proceedings of the Court were here interrupted
by a terrific hailstorm. The Court-room became almost
dark as night, and the rattling of the hail against the
windows, some of which were much broken by the hail,
overpowered the voice of the witness. 'l' he rain fell in
torrents, .the lightning flashed, and the thunder rolled
for some time after, and ruin fell through the ceiling of
the Court-room in copious showers. When the storm
subsided, the examination was resumed.
John Morrison, examined by Mr. Spencer, I live
at Stamford in Upper Canada. I have lived there six
years. I removed from Toronto. I arrived in this
country from Europe in June, 1835. I know Alex,
ander M'Leod, perfectly. I made his acquaintance
in 1836. I had seen him occasionally from that time.
I heard of the destruction of the Caroline on the morn-
ing of the 30th December 1837, about eight o'clock.
My boy told me that Colonel Cameron, late of the re-
giment that I belonged to, wanted to see me at the
gate. I went to the gate and saw him, and lie asked
me if I bad heard the news ? I asked hint what it was ?
He told me a party had cut out the Caroline, and
brought her and sent her over the Falls. He said it
was done the night before. I then said to him, your
friend, M‘Leod, is in our house, won't you come up
and see him ? He begged to be excused, as lie was in
a great hurry. M`Lcod was then in my cottage. Ile
came there at half-past seven the night before, and
slept in our parlour. He drank tea there that night.
Ile Wok his breakfast in the same room that he slept
in at my cottage. M‘Leoti and myself' retired to bed
about half-past twelve o'clock. It was pretty near the
" wee hour," at all events. Mr. Alelaeod was an
old acquaintance. He was not used as a stranger,
and I left him in the evening with the family. About
half past tine, or from that to ten, we sat down and had
a tumbler of toddy. He had not left his room that
morning when I saw Colonel Cameron. When 1 re-
turned
to the cottage from Colonel Cameron, I said,
"M'Leod, what do you think has happened ?" I then
told him Colonel Cameron had just told me, that a
patty had gone last night and cut out the Caroline,
and sent her over the Fads. He said, " You don't say
so." I said I understood it was so. M'Leod said,
I would to God I had been there."
Margaret Morrison, examined by Mr. Spencer—l
am the wife of Lieut. Morrison, who has just Oven his
evidence ; I have known M`Leod six years ; 1 heard of
the destruction of the steamboat Caroline ; I heard it in
the morning ; I heard the boat had been destroyed the
night before ; Col. Cameron, of Toronto, brought the
intelligence ; he brought part of the boat ; I saw the
small piece that Mr. Morrison cut off; Mr. M'Leod was
then in our parlour ; he came there the night before
about 7 o'clock I think ; he took tea ,there that night ;
he remained all night ; Mr. Morrison would not allow
him to go away that night ; Mr. Morrison and Mr.
M'Leod sat up to past 12 o'clock ; I was in the room
with them sometimes ; they were taking a glass of toddy
together ; I was the last to go to bed ; but Mr. M'Leod
slept in the parlour on a" stretcher," that is, a bed that
closes up and stretches out when required for use ;
Mr. M'Leod's boots were taken from the parlour
and put before the kitchen fire a good deal before
bed-time. The next morning they were in the same
place. At night they were wet, but the next morning
they were dry. Mr. M`Leod did not leave our house
that night after be came in the evening. He could not
have lett without my knowledge. He could not have
gone without coming for his boots, and he could not
have gut them without my knowledge. I slept in a lit-
tle room just off the kitchen, and I was kept awake by
a sick child. There was also a watch-dog there.
By the Court—l saw Mr. M'Leod after Mr. Morri-
son went to bed. It was past twelve o'clock, or near one.
By Mr. Spencer—l saw him again about eight o'clock
the next morning. I had been up about an hour. He
was in the parlour when Colonel Cameron came along.
Mr. Morrison came up and told Mr. M'Leod what had
taken place. I think Mr. M'Leod wished he had been

The Court re-assembled at the usual hour.
Mr. Spencer informed the Court that he had many
witnesses in attendance that-he intended to produce,
to show more extensively the nature of 'the transaction
out of which the trial has arisen. He -now wished the
Court to understand that the evideuee was now offered,
though under the rule laid down it was excluded.
Jared Stocking, examined by Mr. Spencer—ln 1837
I was stationed at Chippewa. I commanded a de-
tachment of dragoons. I know Wm. Press. He lives
opposite to me when I -am at home. I saw him at
Chippewa on the 29th December. I showed him the
batteries. He dined with me. I knew Mr. Rain-
cock as collector of Niagara. I have entered goods
with him as custom-house officer. He left Canaa in
the summer of 1837. lam one of his creditors. He
went away, not being able to pay Isis debts.
Mr. Spcncar then rose and said, this Court having
felt it its duty to, exclude the evidence which we pro-
posed offering at the commencement of the trial,
founded on national law, it, of course, leaves but a
single question of fact to be investigated in this trial ;
and that is, whether in truth M'Leod was one of
the party who attacked and destroyed the Caroline.
To this point, therefore, we have directed our attention,
and produced all the evidence in, our power to bear
on it ; and it consequently -closes the defence on
which we rely for the acquittal of 11.'Leod.
REPLY TO THE DEFENCE.
The Attorney-General said, before` we call. wit-
nesses I will offer some documentary evidence. I offer first
the enrollment, and the licence of the boat in Buffalo.
Mr. Spencer—Let it be read, Sir. r
The Attorney-General—l will now also, if the Court
please, read the statement of the prisoner. It is the
statement of the prisoner, made before Mr. Justice
Bell, when he was informed of his rights.
Judge Gridicy—ls it properly authenticated?
Attorney-General—Yes, Sir.
Mr. Jenkins—And it conflicts with'the statement of
some of the prisoner's witnesses.
The Attorney-General then read the deposition of
Russell Inglis, bar-keeper at the North American
Hotel, Toronto, Upper Canada, in which he swore that
Alexander M'Leod came to the North American Hotel,
Toronto, on December 31, 1837, and remained there
until January 3, 1838. This was offered to conflict
with and discredit the Morrison family, who swore that
INl'Lewl slept at their house on the night of Jun. 2.
Rev. John Marsh, examined by the Attorney-Gene-
ral—l am acquainted with Sanders Drown. I have
been acquainted with him in Canada about four years.
I am a Minister of the Gospel, of the Methodist Epis-
copal denomination. I have no reason to believe that
be is not worthy of credit under oath. I lived at Chip-
pewa during the whole time he did.
Mr. Jenkins—We offer to show that the prisoner
was not at Mr. Morrison's, by showing that he was at
Chippewa the 29th of December, at night, and was
there the next morning, and alio the identical time
when it was burned, that is when they were embarking
and debarking ; and that he was at Chippewa on the
morning of erwards, before sunrise, and from that time
to ten o'clock. I wish to put that as a distinct offer,
and I apprehend it does not come within the rule, so
as to be excluded.
Judge Gridley—l have a single remark to make,
not assigning any further reason for the decision made ;
but in rilation to the judgment made, I am sorry to
hear an argument that the decision will not be satisfac-
tory to the public.
The Attorney-General—lf the Court refers to my
remarks, I beg to say I did not intend anything of
that kind.
Judge Gridley—Sitting here, as I do, indeeendent
of all public opinion, on a question of law, as I regard
it conscientiously, 1 can entertain no motive whatever;
whether the decision will address itself to the feelings
good or ill of others. I have in this very cause excluded
from those depositions every portion which was not
responsive, because I felt myself rigidly bound to de-
cide according to my own notion of law. I felt that I
had no right in a capital case to enlarge the rules of
evidence,.as they existed. I mean this decision to stand,
to exclude the evidence offered, but not in any way in
support of Drown, who may have bean impeached.
The Attorney-General offered evidence to show that
Drown had told to several persons the same story as he
d told here, and that Lie told it soon after the occur-

rence.
Judge Gridley—l overrule it.
William DAL.Id, examined by the Attorney-Go tare.
—I reside at Queenston, district of ,Niagare, Upper
Canada ; I know Mr. and Mrs. Morrison ;,I have not
been et their house more than three times ; 1
.saw Mr.
Morrison on this side, at Lewiston, in 1840,; 1 had
then some conversation with him ; he said to. me, in
conversation at his own house, that be hoped the Ame-
rican authorities would get hold of Mr. 111?Leed, and
try him for his participation in the burning of the Caro-
line ; that was in September, 1839 ; about that time
they were relating to me that Nl' Leod had seduced a
daughter of Mr. Morrison's from her husband, and
that Mr. Taylor, the husband, who was a wealthy mer-
chant from the Southern States, was gone in persuit of
them to Toronto ; I asked him when I saw him in
1840 how be could prove an alibi ; and he said that,:he
thought that Mr. M•Leod stopped at his place, thaf:.
night ; I asked him if be was sure of that—he said 130
wts not; but M'Leod was one of her Majesty's subjects,
and must be protected at any risk.
Cross-examined by Mr. Spencer—l never aided the
Patriots directly. I was at Detroit when they crossed
from Prescott. I was on Navy Island :Than the Pa-
tricts were there. I was there eight days. M'Kenzie
took me as a prisoner, and kept me till the evacuation.
Ile kept me at their head quarters. General Van
Rensselaer was quartered there. I was permitted to
go out sometimes by the permission of the officers. I
saw the men on parade, and counted 344 rank and file,
besides the guards. lam a school teacher.
By the Attorney-General--I am a native of Canada.
Mr. Spencer—And no great friend-to it, arc you?
Witness—Not particularly.
Mr. Joseph Hamilton was called to prove that De-
field was not worthy of belief, and that Captain Mor-
rison was. I have known Defield since he was a boy.
He has the reputation of being a quick, smart boy, but
his reputation is not good. 1 have known Lieutenant
Morrison for severar years • his character for truth and
honesty is good.
Cross-examined by the Attorney-General—l live in
Queenston. lam a native of Canada. lam not an
associate of Mr. Morrison, htit' I lave been in the habit
of doing business with him. He resides on his income.
The business we do together is the sale to me of bills of
exchange for his pay. He resides about four miles from
me. Defield was a serjeant of a company in Canada,
and he deserted and went over to Navy Island. I
am not aware of any civil prosecution hanging over
I\l‘Leod ; I have heard of one.:l know nothing about
my brother's threatening to remove the prisoner from
the office of Deputy Sheriff. I had the greatest confi-
dence in M'Leotl. 1 heard my brother .say on ,his
deathbed that M'Leod was not indebted to him, lie
thought their accounts were balanced.
By Mr. Spencer—l am a hanker. I I)are heard,
ever since"that unfortunate exhibition al the examina-
tion of M'Leod, a year ago, of Mr. Morrison's being
perfectly abstemious.
At 20 minutes to eight-o'clock the,evidence on both
sides was 'understood to be closed.
Judge Gridley then ieformed,the Jury that it was
necessary they should remain tegether, over the Sab-
bath, disagreeable as that was, and he advised them not
only not to permit persons ,to approach. them and con-
verse on the subject.of this trial, but not to read news-
paper reports of the trial. • :•'
•

SEVENTH DAY.
• UTICA, OCT. 11.
Tho Court was open;:d this morning at fifteen
minutes to eight o'clock, and for the first time during
the trial, ladies attended, for whom seats were reserved
behind the Jury box. ' The Jury all answered to their
names, and the summing,up of Counsel was com-
menced by
Mr. Bradley, who spoke as follows :
May it please the Court, Gentlemen of the Jury—
This cause which has probably to a greater extent
than any other which has ever been brought before
i4L ,pow
ended. brought to
After
h
a Jury, which has involved,interests reaching
far beyond individuals—vvhich. has, endangered the
tapeceexcitement peace and
andT
h er
e tpeosstei
whichin -oofinty has
n aa tts
°allv-Onts
s ' created io this country, ex-
tending through a year, giving origin not only to popu-
lar tumult, but giving rise to exciting debates in the
Legislature, and angry debates between nations, it has
cow come to a close--to the prisoner for life or death
this testimony is ended
—to a country Whosb peace it en-
dangers, whose interests it involves, whose frontier may
be desolated by adverse armies and navies, which may
be called forth for honour or disgrace, it is ended.
To another nation, whose sO.leot the prisoner is—
a nation which avows tliJ•act- charged on the pri-

1.

~,ts 14: