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

monNiNb: SUN

I cannot be mis-
takenas ha returned
afternoon: He
acre. Hu went away after breakfast. .
about the night. I saw him agai.
from Chippewa, about three o'clock in the
did not turn into our house. He went rigt..'t on to Nia..
gara. He was'on horseback, and had a can.lon ball in
his hand. It was said it was fired at him from Navy

Harriet Morrison examined by Mr. Spencer—l .gym
daughter of Mr. Marrison. I was at home in the win-
ter of 1837. I have known Mr. M'Leod since about
a year after we arrived in the country. I recollect hear—
ing of the affair of the Caroline the morning after it had
happened. I heard my father telling Mr. M'Leod in the
parlour ; a friend of my father's had told him at the
gate ;it was Colonel Cameron. I saw M'Leod the
night before. I drank tea with hitn about seven o'clock.
I retired that night betwixt nine and ten. He had not
retired before I did, I spent my evening in the same
room
with him. The whole family was there. I saw him
the next morning at breakfast. He left our house to go
to Chippewa at nine or ten o'clock.
Mr. Spencer here read the deposition of Duncan
Cameron, which stated that he was 61 years of age.
It corroborated the testimony of the Morrison family.

SIXTH DAY.
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 nate. -c of the transaction
out of which the trial has arisen. .He now wished the
Court to understand that the evidence was now offered,
though under the rule laid down it was excluded.
Jared Stocking, examined by Mr. Spenc,er—ln 1837
I was stationed at Chippewa. I commanded a de-
tachment of dragoons. I know Wm. Press. He lives
opposite to me when lam at home. I saw him at
Chippewa on the 29th December. I showed hien the
batteries. He dined with me. I knew Mr. 'lain-
cock as collector of Niagara. I have entered golds
with him as custom-house officer. He left Canada in
the summer of 1837. lam one of his creditors. He
went away, not being able to pay his debts.
Mr. Spencer 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 M'Leod.
REPLY TO THE DEFENCE.
The Attorney-General said, before we call wit-
nesses I will offersome documentary evidence. loffer first
the enrollment, and the licence of the boat in Buffalo.
Mr. Spencer—Let it be read, Sir.
The Attorney-General--I 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 Gridley—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 wore that
M‘Leorl slept at their house on the night of Jan. 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
he 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 also the identical time
when it was burned, that is when they were embarking
and debarking ; and that he was at Chippewa on the
morning afterwards, 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 rtlition 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—if 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, independent
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 been impeached.
The Attorney-General offered evidence to show that
Drown. had told to several persons the same story as he
had told here, and that he told it soon after the occur-
rence.

Judge Gridley—l overrule it.
William Defield, examined by the Attorney-Go:feral
—I reside at Queenston, district of Niagara, Upper
Canada ; I know Mr. and Mrs. Morrison ; I have not
been at their house more than three times ; 1 saw Mr.
Morrison on this side, at Lewiston, in 1840 ; I had
then some conversation with him ; he said to me, in
conversation at his own !loose, that he hoped the Ame-
rican authorities would get hold of Mr. M'Leod, 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 I\l' 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 pursuit of
them to Toronto ; I asked him when I saw him in
IS4O bow he could prove an alibi ; and he said that he
thought that Mr. M'Leod stopped at his place that
eight ; I asked him if be was sure of that—he said he
was not; but M'Leod was ore of her Majesty's subjects,
and must be protected at any risk.
Cross-examined by Mr. Spencer—l never aided the
Patriots directly. 1 was at Detroit when they crossed
from Prescott. I was on Navy Island when the Pa-
tricts were there. I was there eight days. M‘Kenzie
took me as a prisoner, ansi kept me till the evacuation.
He 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—l am a native of Canada.
Mr. Spencer—And no great friend to it, are 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. I halve known Lieutenant
Morrison for several years • his character for truth and
honesty is good.
Cross-examined by the Attorney-General-1 live in
Queenston. lam a native of Canada. lam not an
associate of Mr. Morrison, but I lave been in the habit
of doing business with him. He resides ou 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
M'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'Leod. 1 heard my brother say on his
death bed that M'Leod was not indebted to him. He
thought their accounts were balanced.
I have heara-
d,
By Mr. Spencer—l am a banker.
ever since that unfortunate exhibition at the e,xatriin
tion of Al‘ 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 informed the Jury that it was
necessary they should remain together over the Sab-
bath, disagreeable as that was, them not
and h e advised
only not to permit persons to anproach them and con-
verse on the subject of this trial,but not to read newt.
aper reports of the trial.

SE/TENTH DAY.
UTICA, OCT. 11.
The Court was opened this morning at fifteen
minutes to eight o'clock, and for the first time during
the trial, ladies attended,
rfor 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 Las ever been brought before
a Jury, which has involved interests reaching
far beyond individuals—which has endangered the
peace and repose of nations, is now brought to
a close. The testimony at all events is ended. After
the excitement which it has created in 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
now come to a close—to the prisoner for life or death
this testimony is ended—to a country whose 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 subject the prisoner is—
a nation which avows the act charged on the pri-