Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-10-15

sci on both sides declared themselves ready
to proceed in the trial. The Jury was en-
pannelled and sworn, few who woro called
being challenged or set aside.
Willis Hall, Esq, Attorney General,
ope ned the case on the part Of tho people as
follows:
G,u,lemen of the Jury-1 stand before you in ODE
dence to the law and IN the name OF the people Oh .e
State of New York, to make good before yoi the
charge of murder against Alexander Mcleod, the
prisoner at the bar The grand inquest under the So
lemuitv Of their oaths, have denounced the PRISONER
at the bar as gu ty of the blacklist in the catalogue
of crimes and il now dcvolves on Inc to place before
YOU the evidence of his guilt Gentlemen OF the jury,
il cannot be disguised that this trial has produced an
extraordinary excitement III the pnn'ic n'indi we See
il in the crowdng masses OF ANXIOUS ciiihons VINO
have collected witness the pro eedings OF tins day
Peri Gus ues are these paroxysnis OF popular agI
taon. For that,and to warn you against your danger,
] advert 10 this circumstance; they are summing
blocks III the way of your oahs, over which ndreds
have fallen Whatever then may be the eHtraneous
Causes which have produced this great popular excite
fnent il is TO you and not ling neither you nor
have any concern with them except to shut our cyes
and our ears and to close every avenue 10 cur minds
against them. fpossbIe, we sho Id suppose that we
are alone with the prisoner and his Witnesses we
should FORGET that there is around us any ear To hear
or ANY eve TO see save that alone Of the all seeing
God Of Justice. My duly gentlemen OF the Jury, Ike
yours, is as plain and easy to be dscerned as IT is
difficult 10 be performed. To array and present TO
YOU, to examine, and force and urge upon you test-
inony which hears against the life OF human beng Is
always painful duty.
But il, is duty as pcrempory and paramount as ii
e painful But gentlemen Of the jury, hank God, II
is not part Of my duty to attempt to blind, mslead or
deceive you. am not required to insist upon any
principle which do not believe TO be the law or uon
any evidence which do not believe to he true. The
task to which my oath binds me, is with ca m, re-
solu,e unshrnkng mind, 10 elicit the truth and place
it before yon The task in this trial. embarrassed BY
wha' round ns prcjudlced in many quarters by
unfounded and absurd rulols-prelitced IN NJ quar-
tiers by the fears the interests, and the passions
men, which II has eXcited-a task which overWhclm F
me with If the greatness OF my responsibility.
and the inadequacy my powers. and drives me re-,
upon your indulgence, and pray you not to let the
cause of Justice suffer for want Of power III the peoples
advocate IT. from base tear, or innate weakness,
do no, press the cause with the vigor essential to
the developcment of truth redouble your own VIII
lance lest truth be crushed by error On the other
hand if nv efforts 10 sustain my cause against the
powerful array of talent and cloqnencc which is en-
listed behalf Of the prisoner, shoh aop,ar c7p-
tious or ovcr-zeaous, set it down agalni me. Bn,
pray you let it not turn your hearts agans, the truth
and Justice Of the cause presented before Won
Gentlemen Of the Jury-Th' indictment which the
Grand Jury have found, and which . nnw presented
Tor vpur consideration and Investigation, charges
A,rXqndsr Mcleod with having murdered. on the
~ day of December, 1881, Amos Dnrfee. This
teen in number. The facts are presented in snch
rions forms in order to meet the testimony rs il vii
bs presented. The first count clnrges the prisoner
wiki having assaulted Amos Drrfse and with cuG
loaded with powder, AMI one lealen hnl"t, shot the
said Amos Durf'e, aud thereby cause his death.
The second count states the same facts as the first,
but states that II was done with PISTOL instead of
gun. The third count states that Il was committed by
John Mosier, and that Alexander Mcleod was pre-
sent and aiding. Mr.. Hall then proce .ded to emu
mara,c the various counts Of the Indictment the sub
sanca Of which, and all he thnrGes s. he s1id mat
Amos Durfcr, citizen Of the United States and Of
TINS State, while in the county of Niagara, in this
State, was killed by the prisoner at the hnr or By
somo persons with W HON he was nearly or inmo-
dattly connected and assisting. To sustain this in
dctment it will be prove before you that on abo
the 2s,h of December, 1897, an American nhoa,
callei the Caroline, boa of about 30 or 40 tons,
left the harbor If Buffalo for .Schosser, about Il
miles below Bnifio Falls, and two miles above
niagara Falls The boat was manned by American
citizens regularly enrolled at the Custnm-h house of
Buffalo, according to the laws of the United States,
and had regular license from the Collector of that
port to ply between Buffalo and Schlosscr. At that
time gentlemen of the Jury some 2 or 3 Canadian
insurgents had taken possession of Navy Island,
which they possessed and claimed, and held in The
name Of the provlncwi Government of Upper Canada
There had been great excitement IN Canada and this
excitement extended all along The border. Efforts
were made by the CANADIAN INSURGENTS 10 enlist oar
citizens in their cause. The mgl,lvcs from the ter
rible massacre of ST. Charles and St. Eus,arhc
whose houses had been burned and their property
destrovel wives AMI children drivan into the
of n Canadian winter, found no diicu ty when tel
ling the tales Of their direiu SUFFERING in cns'inr the
feelings and symp1,hes of frontier ciiz"ns. And
it was easy and natural step from being svm-
p,hisers with the sufferers, TO syinpalhise with their
cause. An thu suuln cd, som" OF the more reck-
lass Of young men joined orr insurgents on Navy
land
Great Ri ain has complained Of this act and many
Of our m'sl litrions iz,1s have looked upon It as
great fsh |, is no part OF nv case design to
vndicatc the patriots insurgents but II may not he
rrelevantto tate thus far that our citizens who, with
on forming themselves into any military body on our
own il hu, single hl1!- and alone loft terri
tory and united themselves with foreign power nv
dong % they violated no law Of this STATE or Of the
United States the law of nations. They have done
no more, gentlemen of the jury, than has been done
by every nation an tnc face OF the earth.
Your own recJllec'ions o. history vi give YOU M
merous examples. The Swiss served in every army
of Europe, and who ever complained OF that even
thought of holding them responsible. When Lord
Cochran assisted the $ at,s of South America or
Lord Byron by devoting his life and fortune to aid
the Greeks in their struggles for liberty from Turkish
BONDAGE, did any person ever c'nipaln of 1t or pre-
tend thai by such acts they violated any law Of ma
tons. Nor did any country COMPLAIN when the
great, good and glorious LAFAYETTE devote his life
his love of liberty, and gave his prlncey fortune and
himself to assist the patriots of our own soil.
II will appear from testimony, that the objects Of
the owner of the Caroline were totally of different
character. The collection OF people at Navy Island
had excited great curiosity. Al that time of the year
men who navigated them were relieved from their
labors. Winter set in, and the farmers and Ia
borers were released from their toll II was al The
time OF the Christmas holydays and they had conere
gated at Schlosser, which was the nearest point tc
Navy Island. Was it extraordinary thar one of oul
eounrymcn, and especially one of our Eastern bre
,hren should see object Of enterprise in the rir
cum tanccs which then existed in his nelghborhood
Such was the fact. Mr.. Wells saw thata great curl
osity was drawing persons TO Navy Island, not on,
of whom were connected with the insurgents on tina
place, and Mr.. Wells saw an opportunity of making
gain by his boat which was then lying idle and IN
profitable at Buffalo. With this idea, and intending
no offence against God or man, he started from Buf
falo Schlosser He stopped nj the in'ermedia,
landings Of Grand Island, Navy Island aud Schlos
ser. After reaching Schosser about O'Clock h
crossed to Navy Island, made two trips thar after
noon carrying passengers and uch o'hcr articles n
might be carried on hoard any other ferry boa, maxim
this passage. |, will appear that among the article
on board the Caroline was cannon. Much sres
has been aud probably will be laid upon tn 3 in In
course # this trial, and now pause o comment OF
that in order that YOU may see what feeble bearin
an act Of IN $ kind should have on the case. 1t wa
an article which the vessels of nations who not
wnr are forbid to carry undor penalty Of forieur,
II al lC.l il tatyap il,