New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-09-29
THE CASE OF MCLEOD.
Editorial Correspondence.
UTICA, Monday, s,

The Circuit Court Tor the fltta Circuit vi tHls
State was to-day opened in the Court House-Jus-
tce GRIDLEY Of this city presiding, in the absence
ofChief Justice Nelson detained at home (CooPers-
town. BY rrotracted ndisposition. 1t was intma-
ted some days since that the Chief Justice might
not feel able to attend this Circuit and that Judge
Gridley would not undertake the trial at once as,
not expecting to try it, he had not prepared him
self and wished tirpe TO consult authorities the
important points Of international as well as crini-
nal law certain to arise.
Three Judges ofthe County Courts appeared on
the Bench with Judge Gridley The Court House
was crowded, in good part with witnesses and per-
sons strongly Interested in The trial.
The usual formaitios of opening term of Court,
swearing lin the Jurors empanncled, &c. having
been completed, tho first called was that of
The People Of tie State Of Nec- York VS.. hier-
0nder Mcleod, indicted for the Wilful Murder of
Amos Durfes, at Fort SchIosser, in the County of
Niagara, in December, 1887.
Mr. Wills Hall, Attorne Gesera responded
on behalf of the People. He handed TO the Court
a list of witnesses summoned behalf Of the Pco-
pie, which called over by the crier. por-
ton only answered to their names.
The Court inquired when the case would be rea-
dy for trial. The Attorney General replied that
the case on behalf of the People was ready nO'o.
He moved that the trial proceed.
Mr. J. A. Spencer of Counsel for the prisoner,
submitted his reasons for opposing the motion.
His associates Judge Gardner of Rochester and
Mr.. Bradley of Lockport,) were both still absent
IN Canada collecting testimony. He expected
their return daily but was not ready to proceed
without them. Unexpected difficulties had been
encountered in the obtaining of testimony. The
witnesses had since 1887 become scattered over
all British North America, from Lake St. Clair to
the Gulf of ST. Lawrence Many of them had been
found and their testimony taken, (of which three
large packages were produced in Court J but 9th
ers whose evidence was important had not yet re-
sponded He could not feel justified in going TO
trial in this state of the case, and he moved tina,
the trial be set down for Monday next, October
4lh,) which the earliest day that he could feel
certain Of being ready.
Mr.. Hall felt bound to oppose so long post
pouemen,. He would do nothing to deprive tho
prisoner of fair trial but ample time had been al
lowed for preparation. The opposing counsel were
well aware that the trial came on at this time;
while great number Of witnesses for the People
had been at much expense summoned 4 great dis
lance from their hsmes and were now in attend
l i l,r. vIola
week beyond the time necessarily employed in the
trial but Mt great inconvenience and hardship to
them.
Judge Gridley reserved the question for the
present, but with the right to the Attorney Gene
raj to renew his motion later day of this week
should he think proper to do SO. He then made
q brief and appropriate address, to the Jurors en-
pannced, reminding them OF the great response
blity resting on them. of their duty avoi
all grounds of bias or prejudice on the question
which portion of them would be called to decide
30 repel all attempts to influence them by ramors
and indirect approaches well as otherwise. He
directed them, should any attempt be made SO to
approach one or more of thensto give information
to the Court, BY whom the ofieacc would be prompt
ly dealt with.
The case then dropped, and the Court pro
ceeded to the trial of civil causes.
understand from the Attorney General tina, he
will feel it his duty to call up the case again or
Thursday If no good reason is offered for further
delay, Should the opposing Counsel s,ill inss; or
delay, without further reason, he will probably be
obliged TO swear OF the cause-in which case il
goes over to the term unless BY special agree
Inent. think, however i, will be tried at thi:
term, and l hope commenced thi. week. This
want of preparation on The prisoners side is de-
plorable, as every hours delay will tend to pro
duce excitement, and give opportunities to preju
dice the jury.
have already heard enough TO convince m,
that there will be some hard swearing and mos
amazing contradictions of evidence on this trial
Il will be swsrn point blank by persons vino pro
fess to have been engaged in the attack on the Car
oline, no, only that ,hi, veritah!e Alexander Nc
Leod was actively engaged in tina; enterprise, bi
thar he ordered man to fire at DuFiec on IN
American shore, and that, on the man refusing, a
(Mac) seized the gan from, the soldiers hands
and shot Durjes aesd This is bu; an item
and the evidence viii be equally positive and par
ticular on the other side.
shall hardly have any thing nSw 10 write OF
this subjec, before Thursday evening. You vii
bear from me next u, The Agricultural Conventjo on
H. G.