New-York tribune., 1841-10-06

boiler. we're only driven from their hiding places
~ sheets OF spreading fame to hear the rush Of
the roaring waters. as the fated boa, rapidly aP-
preached the awful 7crge OF the mighty Cataract!
In this bloody assault, Amos Durfee met his
death on the soil OF OFT State. 4 ball from a gun
or pistol aimed =, MS head passed lhreush and
out Of MS brain. causing an instant destruction Of
life. And so near hin was the murderous weapon
ia the hand Of his destroyer that his cap snged
BY the discharge.
Mr Hall now proceeded TO read 4; length from
the Opinion OF the Supreme Court OF this State
DENYING the application Of Mcleod FOR Habeas
Corpus .nd rernanding him ior trial. This Opinion
We need not rccapitulate. Il sustains fully the
right to try Mcleod. declares the attack on the
Caroline unjusfable in every point OF view and in
violation OF the Law OF Nations The authorities
cited in that Opinion nearly all quoted By
the Attorney General as completely sustaining the
grounds or which this prosecution Is based The
hour of O'Clock having arrived. the Court took
recess of one hour. aeeLocx. NJ
The Attorney General resumed and concluded
his quotations from the Opinion of the Supreme
Courr, as pronounced by MIR. Justice Cowan.
This portion of the Opinion maintains that the
orders Of sovereign ere limited by his territory
including that which he has wre.ted from nation
with which he Is at war, and can have no effect
whatever within the Jurisdiction Of government
with which he is at peace. Charles X. ordered
the assassination OF the Huguenots within MS own
dorninions. but if he had chosen TO order the
killing OF those in England also. his ernissaries
would have been liable 10 punishment as muir
derers. and not even Queen Elizabeth could have
taken lucul out OF the hands of the law. In many
cases, the instrument becomes liable without by
any means absolvng hi- principal. Thus Vai;e
saws that sovereigns officer attempting to recruit
soldiers in foreign country may be hung for 80
doing, and war declared against his master also.
The defence set up that the British Government
had adopted McLeods act cannot be admitted.
Adop, it, and our whole frontier might at any time
be deluged in blood by force claiming immunity
under the approval of the British Government,
and alleging necessity in Vaccinations on our
side to fomen, insurrccton and oyerturn the Cana
sian Government. The Courts Of this State can
recognize no authority on our soil no, proceeding
from our own Governments. Mr.. Hall proceeded;
Gentlemen of the Jury Ie, me call your atten-
ton to the points which have been decided by iae
Supreme Court
/. That there was no existing in this case,
and no rights of wal existing which can be urgedin
behalf of the prisoner The case j. precisely as
though any other person had been indicted for Z
murder at any other time and place;
>. That no order or command from foreign
sovereign can excuse a crime like that charged in
this Indictment:
3. That no pretence OF necessity or sei-dcfence
can be Sc! up unless it be shown that the prisoner
was himself danger of his life from the deceased
and had rotreated fur he could.
will make one more suggestion, which does
not come ont SO prominently i'll the opinioa Of the
Court where it was not necessary. Ii this murder
Is not punishable by our laws, ii is punishable by
none. An act committed on our soil cannot be
punished by Canada or the British Government. 1t
finds It's rctribusion here nowhere
will ranke one farther suggestion. The ST.
preme Court throughout adopted as true the pre-
else state of facts asserted by McLaods Counsel
that the murdered Durfee was one Of the Patriots
they have considered it Us though Van Rensselaer,
lad been killed within our jurisdiction instead Of
Dugiee Such was not the fact The unhappy
man was not a; all connected with the Patriots
no more than either of you, had You chanced to be
a, Schlosser on the night of the assault.
Mr.. Hall here recapitulated the facts establish
ing the gull, of Mcleod.
Having thus cleared this case OF the irrelevant
matter, the foreign law which * sought TO be
thrown around it, proceed to state the law Of our
avn country defining the crime OF Murder 1t Is
not necessary to show malice in the accused. The
Law presumes malice in the act OF unlawful killing
unless the contrary be satisfactorily proved. Above
all it is not necessary TO prove malice against the
par.on killed. Murder consists in aneyi design TO
Aill-a reckless, bloody inient-whch may have
no distinct reference to the individual killed
Neither is it necessary to prove the immediate
presence of the accused at the place where the
murder was committed if ne be one Of party en-
saging in 4 ielonous eaterprize and death ensue
ne IS murderer, although he may have been 'et 10
watch only Mr.. Hall defined the crime of nlur
der by many other examples and proceeded
Gentlemen Of the Jury, incxPressbly important
are the Interests committed to your keeping. On
the one hand the life of the prisoner rests wthyou
Oa the ether the People have committed to you the
sacred trust OF upholdinsthe integrity of the laws.