Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-06-02

-. Isl ~ 'Iha t'o's WI w nlIlnn IL
the district Attorney, andAr. Spencer, the Spe.
ciai commissioner, produced the opinion of the St,-
premc Court, upon the case which had been reserved
Tor Their advice, on the trial of Eli Bruce, i'm which,
The objections to the jurisdiction of the General SEES.
sions OF Ontario, were ovcrrulcd, and that Court wa,
advised to render judgment against tho defendant
AT tue instance OF one ofthe counsel for the defan-
aaht, the motion for judgment was suspended. On
Wednesday morning the motion was made. The
special commissioner stated 20 the court his desire
10 produce u witness IN aggravation OF che punish
lnont OF Bruce; and called
Hiram b. Hopkins. who being sworn ,os,;Gad ,h,,
IN September 1895, Eli Bruce was Sheriff of the corn-
~ of Niagara, and that the witness was hi, Dcnn,.
ihey both resided IN the jaiiat Lockport. Some two
or three weeks before the abduction oS MORGAN. he
was informed by Bruce and others, that 4, wns il,
contemplation 10 remove Morgan from batavia. whore
nc then was, directly across the county, 10 Iew;s,o,
10 carry hun to Fort niagara, aud ultimately to put
nm on board u British man of war. On one partic.
lar night, six or eight days before Morgan was chr
rled from Batavia to Canandaigua, Bruce called tho
witness up, from his bed, and toldhim that he expec-
ed Morgan Immediately, and that witness must pro.
pare u cell IN the jail for his reception. A cell was
pointed out for that purpose. which was the most Sc
ctet ana retired III tho jail, aud which did not com
munlca,e WIN any other. The witness prepared
this cell accordingly; but Morgan did not arrive.
me witness was at the installation Of the Cbonter
Of Royal Arch Masons Mt Lewiston on the l3th of
september, and was then Informed that Morgan had
arrived; ana was confined in Fort Niagara; this was
generally known among the masons assembled ihsre-
In answer 10 cross-lnterroraiories by tho counscl
IOr me defendant, he stated TINT he had not disclosed
me facts To which he now testified until recent,y
when he had communicated them to Mr.. Spencer ne
L~ockport. That he had considered himself bound by
nus masonic Obligations, not to disclose them. un,l
ms own reflections had satisfied him that he had mn
night TO withhold them. That he hal been unh,p nv
until he had revealed il.
Inc counsel Tor Bruce then requested some DELAY
IN pronouncing the Judgment of the court. to enable
mem TO meet and explain the testimony thus given:
~ WHICH nnn Tho cpnrf nnCaI,l
any KIND, however, was produced on their part, in OK.
piahatlon, or IN relation TO the subject or the witness.
except what Eli Bruce himself swore as a witness on
the trial OF john Whitney Is James GhIs. bv whom h.
was produced, and which testimony is hereafter par
hcularly detailed. On Saturday night, after the trial
oil w hItney and ellis was concluded, the court pro-
ceeded to pass Judgment on Eli Bruce. After a most
powerful appeal to the feelings of Bruce. wh;c, moi
ted the hearts of all who heard IL, the Judpe apnour-
ced the sentence of the court to be, that You. Eli
bruce, be confined III close and secure custody. i'm the
common Jail of the county of Ontario. for tho form of
two years and four months"
On "Wednesday morning, the second day of the Sit
ting OF the court, Mr.. Spencer, the special Commits
sioner' moved the court that they should Immediately
proceed to the trial OF John Whitney. Gen. Mn
thews' one OF the counsel for the defendant, urred n
delay on the ground that his associate counsel. Mr..
'rihln, was absent in pursuit ofan important witness,
and was expected TO a rive in the course of the dav.
Mr.. Spencer commended that tins was no reason for
deiay, that there were sherltfs and constables enough.
&C The court, however, agreed to wait until after
noon, upon the assurance that an impoftant witness
Tor the defendant was then expected. In the mean
Vhile, n clVl cause was brought on for trial. which
occupied the court the whole of that day. Or Thurs
day morning, Mr.. Spencer renewed his motion for M,
immediate trial of John Whitney and James ellis.
An aifldayIt was now produced on the part of ellis,
Oh the materially of Il witness WHO had been subpo,-
haed the day before, and who was absent. and f,r-
Their delay was solicited. The special commissioners
immediately sent for the absent witness of the defen-
dent, and undertook to have him in court by Q O'Clock.
AT WDlCI time II was arFannpd tho tr,al ubo,lI go
inence, II the witness arrived. Another civil cause
interviewed, and it was not until about 3 O'Clock in the
afternoon OF the 2lst instant, that the drawing of the
jury commenced. Whitney was present. hut G;ll;e
was absent. a mass of testimony was introduced ~,
the part OF the people, which occupied the court and
jury the residue of The day, the 22d. On the morn
ing OF the 23d, the testimony on the part of the de-
tendants, was commenced and continued until dinner
time.
Among the witnesses produced by the defendants
was Eli Bruce, who testified, that on the evening Of
the i3th OF September, 1895, he was first apprised
tllat William Morgan was coming on from Cananda-
Rua, on the ridge road. He was told this. by Bur-
rage smith and another person then living at Lock-
port Some SIX or eight days previous to this, he had
oeen informed by u gentleman from Batavia, that
morgan was willing to 90 away from Miller, and the
"lthesS was requested 10 assist in his removal, which
he declined. He, however, had been requested nv
another person, TO prepare n cell for Morgan, in tho
jail at Lockport, III contemplation of Morgans being
carried directly across from Batavia to Lockport and
thence TO Niagara. Smith and the person who came
with him told witness that Morgan had come voiunta-
rlly, and was willing to 60 into Canada; they said
he had come peaceably, and wanted witness TO as
sist in getting him on. Witness declined at first.
but finally agreed to do so, and between o and
10 o'clock went to the house of Solomon c.
Wright, living on the ridge road three miles
north OF LockpOrt, where he found the car
rage and got into it. William Morgan, or q
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 a person of his &C
min ~ 4 N nnn ThaNn no. m -.
who did not belong to tire house; and on his way there,
he met some strangers on foot going towards Eock-
port. lie never saw Lawson, until he saw him here
IN jail lie did not sec Whitney, and did not know
him. He afterwards stated that he saw Whitney az
tho installation at Lewiston.
lie went in the carriage from Wfights to Lewis
ton, where another carriage and horses were procured;
the same passengers got into that carriage and drove
TO the ferry near the Fort. On their way they took
in another passenger. The testimony Of Corydon
Fox is perfectly correct. Witness did not see Nor