Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1841-08-04

McLEoD.--The opinions of tie Judges OF the Su-
preme Court of the State OF New York in The case
OF Mcleod are given in the Journal Of Commerce,
occupying upwards OF seven columns OF that pa
per. Their great length necessarily excludes them
from our columns. This IS the conclusion
At our hands the prisoner had right to require
ar answer upon the facts presented by his papers,
whether in law he can properly DE holden to tn
al We have had no choice but 20 examine and
pronounce upon the legal character OF those facts
IN order 20 satisfy ourselves OF the bearing they
might have on ia, novel and important question
submitted. The examination has ed TO the con-
cuslon that We have no power 10 discharge the
prisoner.
He must therefore. be remanded to take his til
al in the ordinary forms OF law.
DECISION IN THE CASE OF Mcleod.
TUE PRISONER NOT DrscHAReHD---We publish
to-daN from the n. y. American, the decision OF
the Supreme Court OF this State, sitting at Utica,
in Ire case of Alexander Mcleod, indicted for the
murder OF Amos Durfee, At Schlosscr in this State,
IN connexion with the burning Of the Caroline.
The prisoner had applied Tor a discharge, first. on
the ground that he did not participate in the aleg-
cd offence, and was not present al its commission;
and secondly, that IT presen, and acting, it IN
the necessary defence and protection OF hi- coun-
try against a reasonable Instruction, OF which,
Duiiee was ac'ng IN aid at The ume.
The Court through Judge Cowen, decided
against the application. For The grounds OF this
decision. che reader - referred to the document
isei. The effect OF ihis decision VIII be- TO cause
the prisoner TO be lFied Oh The Indictment, by a
Jury, unless he case IN its present form should
be appealed The Court OF Errors, [,he State Sen
ate. az we have understood it wOuh be, IN The
event OF a decision like the present by The Su-
preme Court OF n York and, should The Court o.
Errors affirm tie presen. decision, that then tie
case would he carried up to the Supreme Court o
the United States.
The Court did no, consider it their province un-
der the present application, to examine the ques
ton OF the prisoners guilt or innocence, beyond
the dispositions or proofs upon which he was com
mitied. The dispositions heretofore taken IN Tia,
cause being thus cut off, there no means OF in
curry left 10 Us Oh tnls motion, by which We car
say whether the charge would probably be mili
gated the trial tn q very doubtful case OF man
slaughter or 10 a homicide IN defence, or whelhc
all participation might be disproved by showing
clear alibI +"
We had hoped that this irritating question woul,
be finally disposed OF at the present time. IN fac
weexpecied as much. But we are no LAWYERS aud
cannot say but the Court have decided correctly
There are still TWO Courts to review the decision
should the prisoner elect, and If either OF then
reverse II, The case VIII not 20 10 a Jury. If. how
ever, II should inaliy 20 to Jury, there is COOS
reason TO expect an acquItiai; as 1t seems now /,
be universally understood that Mcleod did not &C
company The expedition winch destroyed the Car
oline.
The Decision was delivered at Utica on Mon
day iorcnoon and was brought by express 10 Al
bany by Lacy, oi the Albany Daily Advertiser office
,"ho lea Utica IN an extra locomotive soon aiie
II ocicck NJ, and arrived at Albany in season 10
the : O'Clock c4at Tor his city. 1t reached the OF
flee OF the American early on Tuesday morning.
=. S.--Thc Albany DAILY Advertiser OF yesler
day says,--"We learn from ~. li'i'yer, Of The n
\. Deputy Sheriis who arrived nom Utca TIM
morning, thai Nc cod remains tor the p:es"h ~
the Gu t)dy OF The Sheriff Of Oneida county. VIVA
further course OF proceedings Will be- taken is no
yet determined. Mcleod, We learn, Is anxlou L
go 10 a jury forthwith, should he determine upon
This course, tic application Tor wit OF error o.
The Iudgmen: OF the Supreme Court, a. iniende,