Lincoln telegraph. [volume] (Bath, Me.) 1836-1846, 1841-10-14

pared to prove by the assert ions of the prisoner
that he was present at the destruction ofthe Car
olne and the murder of Durfee that he W 10 bu
silly engaged in enlsting people to go upon
the expedition against the Caroline /; and that,
after the outrage, he exhibited a pistol and
sword stained with blood-whch blood, he boast
ed was i" the blood of id Yankee" or
words to that effect; together with other corrob-
Grating circumstances.
lie then explained to the Jury the laws rela-
ting to murder; and if they deemed the testi-
mony sufficient to bring the prisoner within the
provision of that law, upon them their oaths i'm
posed the duty of rendering their verdict accord
ingly. He then proceeded to call his witnesses
A summary Of the evidence called by him is as
follows
That the steamboat Caroline was an American
vessel, belonging to William Wells, of Buffalo,
an American citizen, and manned by citizens
of the U. States-was duly enrolled,' and was Ii
censed to run between Buffalo and Schosser,
touching al the intermediate places on both shores
That the object Of the owner, as testified to by
him, " was to make money, carrying passengers
and freight, and the accommodation of the pub
lie That neither he bis boat had any thing
to do with the Navy Islanders or the Canadian
insurgents whatever. That it was ar e experiment.
he took up in good faith, uninAuenced by any
other considerations than his own pecuniary ben
eft That on the evening of the 10Th of Deem
Der 1887 she arrived at Schlosser, and was made
fast to pile at The end of the dock That Mt OF
about II o'clock on the night named, she at
tackled by four or FIVE boats, filled with armed
men, which appeared to be two parties, one Of
which gained the bow of the boat and the other
the stern. That upon gaining the deck, the as
sailants discharged their firearms upon the crew
and passengers, under orders to give
quarters, TO kill the id Yankees" or words
to that effect That during this attack, Amos,
Durtee was killed having been shot by mus
ket ball through his head, from front to rear,
coming out about the middle of his forehead. -
That he was found about o'clock at night on
the wharf, lying there dead with his head
from the water and his feet toward it, lying part
ly on his face That the attacking party cut the
boat off from the wharf, sci fire to her, took her
in tow and carried her into the stream. That at
the house of a Mr.. Davis IN Chippewa, in De-
cember, 1887, Mcleod was heard to say by Leon
ard Arson, at the same time pulling out pistol,
" | killed one id Yankee and here is the blood
of him. The blood us;on the back of the pis-
to, fonr five inches.
The above is a brief outline of the tcstmonw
presented by the prosecuting officer, and upon
which he announced that he should here rest the
case for the present.
The defence was then opened by Mr.. Spencer,
and before going into the testimony, he stated,
that two points were essential first to be cstab
lished, viz in the first place whether any nun
der had been committed at all and secondly
whether, if that question be answered in the af.
frmative, Alexander Mcleod was one of the
murderers. He said that with all Difference TO
the opinion of the Supreme Court, that whether
it be the sound law Of the case or not, he fet
bound TO conduct this case on the broad grounds
of what he considered the true principles of ths
law, as applicable to it.
He insisted, that there can be no such offence
as that Of murder proved growing out of the
destruction Of the Caroline. That the purity
which made the attack were ordered upon the
expedition by Col. McNabb, who acted under the
authority of Sir Francis Bond Had, the Provin- ,
cal Governor. That the British Government
acknowledged the responsibility of that act, and
declared that it was done in obedience to the
British Provincial Government, and justified 1t
as necessary act for the protection Of the sub
iects of G.. Britain then living in Canada. That
our Government, mindful Of the nations rights,
and ready to vindicate them, had demanded full
and entire satisfaction for the injury which our
country had received. But the individual who
formed part Of that public force Of G.. Britain,
stands excused as he always must from all the
consequences of his action under their orders
As an individual offender he is not amenable to
any tribunal.
He then took up another branch of the case.
and said, that he should satisfy the jury THAT
Alexander Mcleod had more to do with the
destruction of the Caroline, or with the killing
of Durfee than either of you, gentlemen of the
Jury" The learned counsel then proceeded
with the defence. The subioined is a summary
From the deposition OF Sir Allan McNabb, 1t
appears that he was in actual command of body
of militia assembled at Chippewa III the month of
December 1887, and January 1888. This force
assembled there by the directions Of Sir +. b.
Head, to repel an expected invasion from rebels
assembled on Navy Island and on the American