New-York tribune., 1841-10-09

shall have no difference OF opinion, Whatever may
be OUT respective views OF the other features OF the
case, and this tenold deeply interesting ques
ton OF constitutional rlght-and that Is the point
to whether Mcleod had any thing 10 do with this
transaction or not. am willing, and | intend 10
call your attention more minutel: 10 the evidences
susta ning thai ground of defence than that per-
tanning TO the o,her position which we have
suu,ed. Because that evidence sustaining the lat
ter Is not in any degree susceptible OF dispute.
Every word Of evidence given On the par, OF the
prosecgtion has gone 70 establish OUT case, asd
what is vet TO come viii only comprise wha, has
call vou now i, that Alexander Mcleod had no
more 10 do with the destruction OF the Caroline or
with the killing of Dur:ee than either OF you gen
tlernen OF the Jury. Not any moro. And speak
,,ith knowledge o; the facts, and vii satisfy you
that whet have now said Is fully and literally true
confess that I All somewhat surprised by the
results OF the trial which wc have seen. antiei-
pated slucn greater strength on the part OF the
prosecution will sa, to the Attorney General
IL am honored with MS audieace-I viii say TO
his associate that | am astonished at the feeble
ness OF their cause. conducted as II has been with
such an a1ray OF talent. Withaut making any eX-
treyagant prrtensions TO that sort Of skill in mat
ters OF this kind Yet would venture fcaressly 10
enter on the argument on the evidence, q, 1t
Is before you, without the slightest dread OF YER
dict against my client. But am not a: liberty 10
play al hap hazard IN such case a ,:s. ! have
here 10 defend a naa whose life Is as dear 10 him
as yours Is to YOU. and to whom you are bound TO
r;ye & fair trial, patien; bearing, and iaiinlu !
and impartial verdict, is,t a much as II he were
an American citizen. ask no favor at your haads
because Is foreigner. We expect nothing what
ever from your hlads account Of the difficulty
in which rour verdict may place the Governments
of the Two countries We ask oaiy that YOU will!
listen to the evidence cautiously weigh il, and
then pronounce whether Alexande! Mcleod Is a
murderer or not.
First then, we will lay before you Of
evidence taken by commission under the order of
the Supreme Court, and which, singular as II l.,
have been attended 20 in the execution by gsnte
rncn on both sides. And here let ne remark, that
the opposite counsel have cuioyrd all the advan-
tages which perfect knowledge OF our whole
case, from beginning TO end, could afford. whist
we haze been kept in profound ignorance OF them; ;
YES, had they enclosed their case in the hccatomoi
of Egypt i, could not haye been more vgiently con-
ccaled from our view. None OF the new witnesses
who are relied on TO sgstan the prosecution went
before the Grand Jury. There may De lew excep-
be correct And, permit ne to add, that in my
judgement If this case was tried as often as the
moon changed, new witnesses could be found TO
prove the case as strong As it has been now pre-
.en,ed on this trial. But the commissions have
been returned, and the evidence will be read be-
fore YOU. With great deal OF pains and per-c-
verance, my respected colleague succeeded in
finding some men, more or less, who were on
board each of the boats which formed the expc.
dition against the Caroline Twelve or so OF our
witnesses are of this description. First, on the
part of the defence We have Colonel McNab,
w.Ie proves the issuing of the orders TO Captain
Drew the individual who had charge Of the eXpc
dition Col. McNah states that the expedition
when planned was profound secret. unknown to
any except himself and Two confidential
officers. rhc party collected the shore and
went on board the boats, and then the purpose OF
the expedition was declared, when the party was
on their way to accomplish its object.
When the expedition returned, Col McNab or
dercd list of ali the men engaged in the e1pedi-
ton TO be made out, intending TO besow upon them
some mark OF appreciation for their hardwood and
successful conduct Of the expedition. And here
let me say, that however We may regard this trans
action the Provincial Government OF Great Britain
looked on that as gallant achievement But
whether they rightfully or wrongfully appreciated
the undertaking is perfectly indifferent TO Us. To
return however: in the list thus made out the name
of McLcod-ci,hcr Alexander or Angus-,iOcs not
appear Col. McNab also says that he was on the
shore when the expedition embarked. aud that he
did not see Mcleod, whom he knew most Intimate
t.. Then every boats crew was acquainted with
each other, and they respectively testify that Nc
Leod was not among them. And it was surely
likely that the members of every little party wouId
know each other This is in substance the evi-
dencc which we have taken on commission, and
that will be first laid before you in our defence
You will listen to that reading with attention. al
though it may be satisfactory rs the eYi-
dence of witnesses nho would be before you per-
sonaly.
But we will also produce before you living Wit
ncsses, who will speak of what you know. To II
Mr. Hamilton we will shcw that the R1ynock OF
whom Wilson spoke as being present with Mcleod
between the 9TH and 18th of January, was absent
in Europe, and could not possibly have been pre-
sent at the place and the occasion described
by VIII. on. With respect to Quimby, wc viii
show that short time ago a letter vas received
by the postmaster here, from u gentleman OF re-
speciality. Of Warren CO., Pa, who, hearing OF
tQuimby's intention 10 come here rs a witness, a1d
knowing MS character, wrote warning as to hIs
worthle, and acting on the Information
wrote TO TWO worthy citizens there, who have come
here to speak OF Qlmby's character. This Qlimby
YOU recocct Is the fellow who sold his load of bay
and went to get payment before daylight from the
cemmi,sury.
We will then show you, gentlemen, that Nc
Leod was at Chippewa, in Davis tavern, Oh the
day OF the destruction Of the Caroline-that he
wen; to bed early a, he was fatgucd, having been
ona oi Marry Ivb mn rod, round Nav, slaat
He remained in bed till sun down. when he rose
We will then show you that he wen; in company
with Mr.. William Press, then living at Niagara,
and was keeping the Hamilton House in Ham
iltou, Canada, and in his company Mcleod left
Dayis's tavern and rsdc to Steintord. about fye
miles distance, in very bad state of the road,
.,.l..- - -. . ~. ...-. H..