North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-20
AMERICAN JUSTICE.
Ito Be continued. J
TRnL on CASE ANp MAoKENzIr.

TRIAL OF CASE AHp MAoKENzIE.
The government or its officers had Sc.
lected two political viciims-lhey had de-
lermined iha. these two should be tried
that they should be convicied-that they
should be punished. Alas, that they should
have rcs0fted u diahonorabIe means 10 ef.
feet their purpose!
The trials were al C~anandaipua; the
defendants a young Canadian gentleman
named Case, whose parents had named
him after George Washington, and my
self.
On the FIRST day, Case, who had never
before been arroigued, saii he was not rea-
dix. The Judges told him he mast be ready.
He asked tin next court, but SO earnest
were they TO offer up their victim, that it
was with difficulty he obtained "a hours 10
prepare; although dozens Ct other indici-
ments stood on record Of expeditions com
manded by a. b. and c. D., all Of whom,
heing Americans, were kept in the back
ground, aud sent home without trial, but
This unfortunate exile, having been pro-
scribed in Canada had been coaxed OUT of
$50 by some persons who said they were
preparing 70 assist the Canadians; and for
this oaeuce, and there was no other. he
was forced 10 trial, with only " hours
consultation with a strange lawver, 10
whom he paid $40, and not only fined bur
also sent twelve months 10 a Jail!
When bis Jury came in with a verdict
their names were called, and one Of them
stood up in court and said that "he sub
niitted 10 the verdict but il was ne, his
opinion-that he had been compelled TO do
So" and burst into tears. The verdict
was recorded. Case then asked that he
might be confined with me in one Jail, and
was roughly refused.
had been thrice called on TO prepare
for trial. Twice had | attended at Alba
ny, but the last time was just on the eve of
an important general election OF congress
men, state legislators, &c, and the Judges
explained the law one way while the pro-
scouting officer read il another, so my trial
was PIT of. This time they were ready.
The jurors were strangers TO me. had
been advised that some Of them were plac-
ed on the panel with the intent that |
be convicted, right or wrong; nor
did subsequent proceedings in court show
the contrary. /
] asked permission 10 object to some off
but the Judges refused, although
was nc lack of jurors, unless | would
give such reasons for each challenge as
would be valid and satisfactory 10 their
Rather than run the risk of max
ng any Of these strangers still more mimi
al 10 me, | sat down.
At the close Of The trial, | again object
d TO the jurors, stating that they had been
partially and Illegally drawn
he Sheriff OF the County and Others gave
ne the particulars-lhe court listened 10
nv objections, and ordered me Otto prison.
Since that time | have submitted the
acts TO able lawyers who assure me that
he whole proceedings were disgracefuI 10
he country, but, say they" Such as YOU
ound Judge Thompson you will find his
brethren at Washington, & although YOU
al means sufficient to bring the whole
ase before them the chances are a hundred
o one that you would gain nothing bv an
ppeal. He will be sustained" Such is
he boasted justice OF {" the Geeest country
m earth w
Foreigners are deceived ia Judging off
his country BY reading its constitution.
Which Is a beautiful theory, bat tbs prac-
ice is very deceptive, as ! find TO my cost.
The constitution guarantees II every bodyI
fair trial by jufy.-Maeken-ie's Gazette.