Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-09-01

TRIALS FOR THE ABDUCTION OF MORGAN.
To the Editor Of the Argus, dated Canandagua, Fri
day, August %, o'clocs, +. n.
The trial Of the Indictment against Bruce,
Darrow sod Turner, was resumed this morn.
ing at 8 o'clock
The people having rested, the defendants
counsel concluded not TO call any witnesses
They moved that Bruce be discharged, on the
ground that this court had no jurisdiction Of the
offrnce-that no act had been proved against
Bruce in the county If Ontario--tha, if he was
concerned in the Conspiracy to abduct Morgan,
he acted in the county OF Niagara, and could
only be tried in that county and not elsewhere
that the indictment charged conspirac 10
kidnap Morgan from Csnandaigua, in the coun-
ty Ontario, and transport him 10 foreign parts
and places: and that the prosecution had prov>
ed the abduction, and therefore the conspiracy
was merged in the contamination OF Its object
that there could not be an indictment Tor a
conspiracy to do an unlawful act, the act hav-
ing been done; the indictment must be for the
act done and not for the conspiracy. General
Matthews and Mr.. Griffin argued it very ably
for the defendant, Bruce, and Mr.. Whiting and
Mr. Butler argued in opposition. The counsel
for the people commended that the indictment lay
for the conspiracy-that the overt acts OF ab-
duction were proved in aggraVa.ion OF The Of
fence-,hat the gist Of the indictment was the
combination or confederacy, that the conspira-
cy being formed 10 commit misdemeanour,
the doctrine Of merger did not apply-that the
acts of Bruce in Niagara county being in fur
therance Of the object ofthe conspiracy, he must
be regarded as principal in the conspiracy
that all the conspirators might be tried in the
county in which the first overt act was done, to
wit, where Morgan was first unlawfuly sub
jected to their power, and where the conspira.
cy must have been formed.
The court over>ruled the objection, and said
The cause must go TO the jury.
The cause was summed up by MIR. Adams,
for the defendant, Bruce and by Mr.. MoseIy
for the people and was committed to the Jury
at O'Clock, p. NJ. The court advised the jury
that if from the evidence they were satisfied
tina, Bruce acted in pursuance Of a conspiracy
against Morgan, previously entered into, and
to which he was parry, they must find YER
dict Of guilty; and if they believed that Bruce
knew nothing Of The conspiracy, but first knew
Of the transportation Of Morgan when he acted,
then they would find him not guilty, because
his acts would amount 10 an assault and battery
and false imprisonment in the county Of Mas
CARA, for which he could not be convicted in
this county. under this indictment, which was
for conspiracy 10 kdnap. The court also
advised The jury that they must be satisfied tina,
Morgan was in the carriage IN which and on
which Bruce rode and that Bruce knew il; and
further. that Morgan was there against his will
and that Bruce knew that also.
Giddirss having been rejected as a witness
there was no testimony against Turne and Oar
row, and under the direction Of the court, and
La c,ll of
they were acquitted.
Saturday, A. NJ.
The Jury returned verdict Of guilty against
Bruce, at IL O'Clock last night.
The evidence proved Bruce 10 have rode with
the carriage in which Morgan was transported
from Molineux's on the Bridge road, Is miles
cas-, Of Lewiston, to Lewiston, and from thence
10 Fort Niagara; all within the county Of Mia
CARA. Bruce procured the horses for the ex-
change al Molineux's, and procured hack and
horses at Lewiston; and the passengers who
came in the carriage from the east were ex-
changed in back street INFO the carriage
which Bruce procured at Lewiston. Bruce was
al Molineux's with the carriage a, IL o'clock
on the night Of the 18Th September He was
al Lewiston at 2 O'Clock same night, and starts
ed from Lewiston about that hour towards the
Fort.
Morgan was proved 10 be confined in the ma,
gazin. on the morning Of The l4h. One wit.
ness heard voice of man in the magazine
that morning at i o'clock: No person lived
in or occupied any part of the Fort at that time
1t has been closed since June, 1926. Giddings
had the key OF the magazine on the l4th of
September. The witness who testified TO the
voice in the magazine wen, into The YARD Of the
Fort with GiddIngs, and GIddings went to the
magazine, opened it, and the witness heard the
noise; thinking ina, there was something
wrong, he turned away from the magazine aud
walked of from the Fort as fast as ne could
He was bro,her-in-law Of Giddings, on visit
at the time and is an intelligent young man Of
the name Of John Jackson, residing at Lock-
port.
1t was remarkable that Bruce called no wit
nesses to explain his conduct, or in any man.
ner to excul2 pate himself.
LLoYp's COFFEE HoUsE.--This famous es-
adjustment bears the name Of man who, neal
a century ago, kept house of entertainment at
which the London merchants assembled in such