Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1829-06-02

llme the following abstract viii in some measure
satlsfy the intense curiosity of the public
:, on tuesday morning, the 10Th inst. Mr.: whitjuo
'ne District Attorney, andMr. Spencer the Spe
ciai commissioners, produced the opinion of the ST.
pfeme Court, upon the which had been reserved
It teir ADVICE on the trial Of Eli Bruce, in which
oDIectons to the jurisdiction of the General Ses
so'is OF ontario, were overrued and that Court WIS
auVised TO render Judgment against the defendant.
"a. circumstance OF one of the counsel for the tcfen-
Gant, the motion for Judgment was s,,snepded -,
w ednesday morning the motion was made pho
special commissioner stated to the court his desire
10 produce witness in aggravation Of the punish
inent OF Bruce; and called
hiram b. Hopkins who beipo sworn s.est;fod ,h.
IN september 1896, Eli Bruce was Sheriff of thecoun
~ o Niagara, and that the witness was his Deputy
hGy ooth resided in the jailat Lockpor Some two
or three weeks before the abduction Of Mrsoan In,
was Informed by Bruce and others that !, u,ns =;
contemplation to remove Morgan from Batavia where
nc then was directly across the county TO Tew;ston
carry MN to Fort Niagara, and ultimately to put
MN on board a British man of war; On one marie
lar night, six eight days before Morgan was car
ried from Batavia TO Canandaigua Bruce called tho
witness up, from his bed, and toldhim taat he expec
gan immediately and that witness must pre-
pure cell In the jail for his reception cell wss
pointed out tor that purpose which was the most Sc
cre' and 'etired in the jail and which did not com
mumcate with any ether. The witness prepared
tins cell accordingly; but Morgan did not arrive
The witness at the installation of the Cbanter
OF Royal Arch Masons at Lewiston on the 18th of
september and was then informed that MORAN had
arrived, and was confined in Fort Niagara; this was
Senerahy known among the masons assembled there
In answer to cross-interrogator by the counsel
Tor the defendant, he stated that he had ,ot DISCLOSED
the facts to which he now testified until recentIv
When he had communicated them to Mr.. Spencer NJ
hockport. That he bad considered himself bound hv
ms masonic obligations, not to disclose them until
his own reflections had satisfied him that he had NO
right to withhold them. That he had been unhappv
ever since the occurrence and found no peace of mimi
until he had revealed it.
The counsel tor Bruce then requested some delav
IN pronouncing the Judgment of the court to enable
them to meet and explain the testimony thus uiyen.
10 winch request the court acceded No Testimony nj
any klnd however was produced on their part i'm ex.
pianation or in relation to the subject or the witness
except what Eli Bruce himself swore as witness ON
the trial OF John Whitney s. James Gis bv whom b
was produced and which testimony is hereafter mar
ticuary detailed. On Saturday night after the trial
OF " hitney and ellis was concluded the court me-
ceeded to pass Judgment on Eli Bruce. After most
powerful appeal 10 the feelings of Bruce which moi
tea the hearts OF all who heard it, the Judge announ
ced the sentence of the court to be- that eeYou Eli
Bruce be confined in close and secure custody in the
common Jail of the county of Ontario for the ferr
two years and four months" -
On w Wednesday morning, the second day of the sir-
ting OF the court, Mr. Spencer the special ComuTis
soner' moved the court, that they should Immediately
proceed to the trial of John Whitney Gen. Ma.
thews one of the counsel for the defendant urncd /,
dciay on the ground that his associate counsel Mr.
riiHn WINS absent IN pursuit of an important vtneEs
ana was expected to arrive in the course of the dav
Mr. Spencer contended that this was no reason fSr
ociay mat there were shers and constables enoueh
&C. The court, however, agreed to wait until after
noon upon the assurance that important witness
Tor tle defendant then expected In the moan
while, civil cause was broupbt on FIR trial r,h;at
occupied the court the whole cf that day. On Thurs
nay morning, Nh. Spencer renewed his motion f,r ~,
amnied,ste trial OF John Whitney and james ellis
AN an'daVit was produced on the part of ellis
OF the aterrahty of witness who had been subno,
haed the day before, and who was absent and fur
sner aGiay was solicited. The special commissioners
immediately sent for the absent witness of the defn
dant and Undertook to have him in conrt hv o,coct
at winch time 1t was arranged the trial should com.
nsence, II the witness arrived. Another civil cpusa
lntervened and 1t was not until about O'Clock in tire
AFTERNOON OF the 2ls instant, that the drawing Of tl
jury commenced Whitney was present bnt G;Ilis
was absent A mass of testimony was introduced on
the part OF the people, which occupied the court and
jury the residue of the day, the 22d. On the morn
ing ofthe 23d, the testimony the part of the de-
PENDANTS, was commenced and continued until dinner
time.
Among the witnesses produced by the defendants
was Fill Bruce, who testified, that on the evening of
the 18th Of September, 1885, he was first appTised
that William Morgan coming on from Canapda-
lgua, on me ridge road. He was told this bv Rur
rage smith and another person then living at Lock-
port. Some six eight days previous to this he had
been informed by gentleman from Batavia, that
Morgan was willing to 60 away from Miller and the
witness was requested to assist in his renewal which
ne declined He, however, had been requested by
another person, to prepare cell for Morgan in the
jail at lockport IN contemplation of Morgan's being
carried directly from Batavia to Lockport and
thence to niagara. Smith and the person w he. came
with him told witness that Morgan had come voupta-
rlly, and was willing to go into Canada; they said
he had come peaceably, and wanted witness to as
slst in getting him on. Witness declined at FIRST,
but finally agreed to do so, and between and
10 o'clock went to the house of Solomon c.
Wright, living the ridge road three miles
north of Lockport, where he found the car
rage and got into it. William Morgan, or a
person called Morgan, was in it, one Hague
who IS now dead, and himself, and no others were
in the carriage. 1t was driven BY person of bis ar
quaintance There were several persons at Wright's
who did not belong to the house; and ON his way thorc
he met some strangers on foot going towards Rock
port., He never saw Lawson, until he saw him here
in jail. He did not see Whitney, and did not know
MIN. He afterwards stated that he INltro.,