Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-08-30
TRIALS FOR THE ABDUCTION OF MORGAN

Cdndnddgud, friday, Aug. 22, p. M.
The trial of tho indictment against Bruce,
Darrow and Turner, was resumed this morning
at eight O'Clock.
The people having rested, the defendants
counsel concluded not TO call any Witnesses
They moved that Bruce be discharged, OIL the
ground that the Court had not jurisdiction Of
the offence-that no act had been proved
against Bruce IN the county Of Ontario that
if he was concerned in the conspiracy to alb
duct Morgan, he acted in the county Of Niaga.
ra, and could only be tried in that county, and
not clsewhere--that the indictment charged n
conspiracy to kldnap Morgan from Canandai-
qua, IN tho county Of Ontaria, and transport
him TO foreign parts and places, and that the
prosecution had proved the abduction. and
therefore the conspiracy was merged in the
contamination of its object that there could
! not be an indictment for conspiracy TO do an
unlawful act, the act having been done; the
indictment must be for the act done, and not
for the conspiracy. Gen. Matthews and Mr..
Griffin argued it very ably for tho defendant,
Bruce. and Mr.. Whiting and .Mr. Butler argued
in opposition. The counsel for the people con-
tended that the indictment lay for the con
spiracv--that the overt acts Of abduction were
proved in aggravaton of tho oflence-that the
first Of the indictment was the combination or
onfederacy-thatthe conspiracy being formed
to commit n msdemeanor, the doctrine of
merger did not apply-that the acts of Bruce
in Niagara county being in furtherance Of the
objects Of the conspiracy he must be regarded
as principal in the conspiracy-that all the
cOnsprators might be tried in the county in
which the first overt act was done, to wit,
where Morgan was first unlawfuly subjected
to their power, and where the conspiracy must
have been formed.
The Court over-ruled the objection, and said
the cause must 20 TO the Jury.
The cause was summed up by Mr.. Adams,
for the defendant, (Bruce( aud by Mr.. Mosely
for the people, and was committed to the Jury
at O'Clock p. M. Tho Court advised the
Jury, that if from the evidence, thcy we're sat
isfed that Bruce acted in pursuance of con-
spiracy against Morgan, previously entered in
to, and to which he was party, they must find
a verdict Of guilty; and if they believed tha,
Bruce knew nothing of the conspiracy, but first
knew Of tho transportation Of Morgan when he
acted, then they would find him not guilty,
because his acts would amount TO an assault
and battery and false Imprisonment, in the
county of Niagara, for which me could not be
convicted in this county, under this Indictment,
which was Cor a conspiracy to kidnap. The
Cour. so advised tho Jury that they must be
satisfied that Morgan was in the carriage in
which, and on which Bruce rode, and that
Bruce knew il; and further, that Morgan was
in there against his will, and that Bruce knew
that also.
there was no testimony against Turner and
Darrow, and under the direction of tho Court,
and wa the full consent of the public prose-
cutors, they were ACQUITTED"
Saturday, A. NJ.
"Thc Jury returned a verdict Of GUILTY
against Bruce, at IL O'Clock last night.
The evidence proved Bruce to have rode
with the carriage in which Morgan was trans
ported from Molneaux's, on the Ridge road,
I6 miles east of Lewiston, and from thence to
Fort Niagara; all within ;he county Of Naga-
ra. Bruce procured the horses for the ex.
change at Molineaux s and the passengers who
came in the carriage from the east, were ex-
changed in back street into the carriage
which Bruce procured at Lewiston. Bruce
was at Molneaux's with the carriage al IL
O'Clock on the night Of the 9th September
He was at Lewiston at 2 o'clock same night,
| and started from Lewiston about that hour to-
| wards the Fort.
Morgan was proved to DO confined in the
! magazine on the morning Of the 14tb. One
witness heard voice Of man in the magl-
zine that morning at IL o'clock. No person
| lived IN or occupied any part o! the Fort at
that time. II had been closed since June, S26.
Giddings bad the key Of tho magazine on the
l4th of September The witness, who testified
to the voice in the magazine, went into the
yard Of the Fort with Giddings, and Giddings
went 10 the magazine, opened it. and the wit
ness heard tho noisc; thinking there was some-
thing wrong, he turned away from the Fort as
fast ns he could. He was a brother-in-law oI
Giddings, on a visit at the time, and is an in.
telgent young man, ofthe name Of John Jack
son, residing at Lockport.
II is remarkable that Bruce called no wit.
nesses to explain his conduct, or in any man.
ner TO exculpate himself"