Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-10-20

nat hm sure that II was Mcleod aS chat he no,
sits before me.n
That Is, gentlemen, his testimony. lie submit,
ted to long cross examination; md how far 1t wer
10 shake your confidence IN his statements, il
your province, gentlemen, To decide. There L
however, ono consideration which | will submit L
a you. IL Is thIs, that when you Judge oi IA
credit u bc attached to the testimony nj wines
lis right anu proper that you should observe M
manner on the stand, the degree OF inIelligcnc
which he exhibits; the amount Of powers ofubscrVe
ton and accuracy OF rccoi ecuon; aud havin: don
Y SO, you ere 10 decide whether ms answers sa,
iFty you that he Is honest, and on the whole whe h
et his statements are OF such a character, when "a
Ken all IN nll that you rely upon them; At no
snleent to satisfy you altogether, you mus, de-,d
IN how Tar YOU should allow hat degree of conf
dence you mus repoSe IN his ,estimon v, and tina
you viii bcsow on ~, and no more.
III u argued 10y The prisoners counsel that the dc
gree OF darkness which prevailed then, and is ties
uhed 10, was such as made II exceedingly rash 10
ths witness To pronounce 50 confidently that he wa
able 10 recognise Mcleod rs well there MS here to
day. IL Is also argued that he stands before yo,
impeached rs TO hls character ~ truth and vcrici
". And to sustain Ihs impeachment witnessc
have been called and nave appeared before YOU "a nd
tcsthcd that lac lives the re- lcucc OF this Wit
ness, and he says that he he,rd him speaking o.
TINS SUBJECT think at some former period, whti
suoT"naed; and among other things he said HI
hne. nohns IN reference TO this matter that coulC
10 mcleod aHy harm or any good.
| The statement which he makes of what he said
IS somewhat qualified. Ii Is remarked on the othe
hhnd that witnesses who are sub an,ed treq uently
make careless observations; ana that this person
! being poo man, might wish 20 avoid nttcndnnc,
on this trial THIS is very true that persons ofrer
make Careless rcmotks aud had Drow made such
statement IN presence OF any one who could hav,
excused him from attending here, then the plea o
eounse. would have been enutled TO greater resatu
from you.
It. IN truth, the facts which he has here stated
were remembered 10y him at that time ihen they
were all facts material, and he could not have said
consistently with truth, that he knew nothing ol
suthclent importance 10 harm or benefit he prison.
eT' This, gentlemen, is the extent oG that indlvi.
duaI's testimony. You TO take Il into your
consideration, and are to exercise yoar Judgment IN
reference to the Ciiec, II may have m detractins
| from your confidence IN the evidence Of Down.
may hod int, m order 10 restore your conf Iencr
IN Drown, Bates was questioned and IN renly sta
TED that that individuals character for veracity lad
IaUety improved, that formerly he had been an IN
temperate mar, bn, was now reformed.
p, The mex, witness, gentlemen Is Isaac p Corson.
Tie Is native of this State, aud a clrpenter by
trade. lie had been at Chippewa in prosecution
"l ms business. lie teslihes that he was at Mack
ln store on the afternoon of the % OF D.csmaer
1887; that nc there saw Mos.n, Usher, and the pr-
soneT, passing GU; OF Daviss; that he also saw him
next morrinE NJ sunrise, with others on the
"stooP;" thai he was a. some l,lle distance: th,t
he could see only his head and shoulders; that he
was tetIns OF his exp.oEs, and saying that he h.d
XII cd ID Yankee; that be saw hirr again two
or thFee Gays afterwards; that he then said would
Buffalo.
THIS IS an analysis Of this witnesses testimony.
when IS spread over several pages OF my minutes
You Wi. recolcc', gentlemen, ihis WITNESSES rcslr-
mony on hrs cross NINA Iun and will Judge now
Tar nat Weakened Inc turc- of the statements made
oy Tim on las nicer exam Lauou There IS one
point, however, that demands your particular q,
'eh'oh' lhis witness ~as no IIred OF to who
else were present when he heard Mcleod flourish
ing and ooaSiIng ui having 81 led Gankee. A,
hrst the witness could not rrcocc; any one; at asst
he SAID he could name one Ciswcil.
lie was hen asked whether ne was present n
ms tia, and he said yes. lie was then HSket
when u hrsI occurred TO him that he saw CsSweu
there Inst morning, and he confessed that u was
that very moment lhe cross. examination was
pro'rnced, and, In the OF i IL came uutth,t
nc had Cunyers.d " IN Caswel o. late as the morn
ing Of that day on when lie tes'Ifi.d o. rhr stand
before YOU ,h't they IA ket o. the .Is the Caro-
me, ana that Ca,wcl informed him that he wa,
there that morning. /, may 1e that that was a
rue, and that ~ really d not occur 20 him that
Caswe. vas there, u.i The moment the question was
put TO HIM. Blu; you arc to judge Of that
Tie mex, witness IS Charles Parles, Jlrkee9er
al D.v.ss Tavern, lie testIfes that the prisoner
went 10 bet a, ID .vIs's I.ylru cary 90 The dly
and got up between 5 aod . o'clock IN the evsnrn.:
that "a gentleman called Tor him and he wen, out.
mat mai dn hour NJ three Ia,r, %; an bugr after
wards uc ~ nIm between DayIs's unl 'hc Chip
ur"' creek; 'u'. good many p.or'u were % 90,
road; and McLeoI wCut iu.o one OF the oo4ts; that
No about sunrise the next morning he saw uiut 40
D'vis's; that %" again saw L.,n u Nv days a.tcr.
wards Iu lUs officers mtsS-ro1m, and ther, heard.
INN say that A. md l..cd d id Yankee, or some
thing 20 tEHt effect.
the use of u.s examination this witness was
asked whether be could say with considerable Ger
aln,y that lie saw Mcleod al the "C4t." and he
sad ne could; he was asked further, ami he 10 he
EaG no doubt ui - lac a.sp states th,t DO was pretty
dark thlt night, and les'.hes also TO o,her things
on account oi which the counsel FOR the prisoner
contends you should take he testimony with con-
siderable grains oil allowance; lie tcsagJ rs 20 n.s
know edge OF Mcleod, and among other things
says that he once went TO see him Iu company with
a oroiber-in.ihw whom he accompanied as a witness
IN case ms evidence were necessary that money was
paid 20 Mcleod; out although he went as a wItres,
he cannot Iccnl ect the amount Of the money paid
on the occasion.
Il Is also argued that this witness tells very ex.
taotdinaTy story Ia relation 10 the manner IN which
he has been induced TO appear here; that he stored
!som home TO make certain purchases III 3 fFIIu;
mat A9 suspected some one who aCc1s. cd him on
he way with the design OF aTFesiiEg him 10 ensure
us a't.HtAurs as witness on this tfII that he re.
turned hoU'j again set our and arrested n BIl-
H.o before Ee had lime 10 o. ct any bus mess.
,aat, tlrhsr, be WIS ignorant OF the Jaws OF this
STATE, aud vas 50 frightened ny Tie alleged repre-
sensations o. Mr. HIw.oy, that he lMr II had
power 70 enforce hs attendance, here, that he con
senieI 10 come.
a th,S may or m1y no, bc the truth. This Wit.
ness also tesu6cf lh1t he vas so cited 10 come
here by persons &C. IsIcu-Iy opposed 10 bearing
arms. Now gentlemen, Have no opinion TO q
pres on these matters. You are the sole Judges
OF tins testimony, aud with you'll leave IL.
The next witness is Clswer, no whom Cors7n
spoke OF, and be t.s,lhss 10 Substance that he also
saw Mcleod that Morning a, Dtvs'5 tavern.
Then comes DUMMY. lie Is the witness from
Pennsylvania. Tie tss,lfes h1, he resided some Two
miles irom Chippewa; dat he was there on the
2y.n with load OF hay, which he sold to the Gov
crnmen'i that he did not get psd for u ol the time
Of iac sale; that he remained 'Il evening and
in the c"ur-c otiHc evening saw ih. prisoner % D.
W. tavern; thIthe renamed there from fIIi 10
o'clock; Tat he then STATED for home; stopped a, Pc
tus's about nile of 1' night; that he then turned
buck, and WIS again DO Chippewa between tayIgH.
and sunrise that he wen. Uacil 90 yet plvurB. for
his n'yut lhe C0mmssI,y's ofhca; tho, us wa gong
there wien be 5Iw Mcleod; tina, he saw Lnl OIL The
"nrdgr,' md that he there heard him boost Of LI.
exploits on O. e Caroline, and heard LIm Grlarc that
there was lie pi9nI Of Yuukc= on bis sleeve.
he Is gu. STONED 'ben4s 20 whether he exgcciad
20 receive payment for h.s hay ar thlt early hour,
and whether there were any parsons DO the al s.
there 10 20 seasons JJ. I'D not, uleralI, get pafr.
and finally .ui home.
Bot, gentlemen, 10 seems, according 20 the test.
mony o. AIr Lott, Of Louisville, Peunsy.vani that
on one occasion Ibis Qum.y CAME with 4r5.bs,
person. ipr tha purpose OF making am affidavit be-.
lore Ms Lott, who Is O magistrate, and that grr
N.m8r refused 20 take lIs aff"lyr, became. VI
AUImUy W.. unworthy Of cro.I'; That boz won, 10
another m'c1'r7ta " whom 'bc aihI5vl was To-