The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-10-16


that in the darkness ofthe night and confusion Of The
melee the attacking party had mistaken each other Tor
the occupants Of the boat, and that they fought To-
getheI. II that true, then II would not ioilow
that IN testifying as to resistance encountered Oh
board the boat they not false in the corrupt sense
OF the term
Passing from this there is this other consideration
which must strike you in the outset. IT, when Alex
ander Mcleod sued this commission and directed
the commissioners 10 examine persons who had been
In each Of the boats and if in truth he had been pre-
sent there himself, he must be bold man indeed
Because he must have supposed that the commission
ers would either have taken only those who could not
see In the dark whether he was there or not or mat
the men would have been corrupt as to swear faise
y to extrcate him from the punishment of his crime
But this is further evidence than as portion
OF the history Of the transaction and with these views
you are to take up the testimony and ascertain after
solemn inquiry, how much credit you should give these
witnesses.
is undoubtedly true, gentlemen that Sears cannot
say, with any degree of certainty, that Mcleod was
not on board the expedition. 1t is equally true that
McNab cannot say SO, although he superntended the
embarkaon of the persons engaged in the enterprise
None but the All seeing eye could penetrate the dark
ness that shrouded those there associated. But,
them there Iare one or two gentlemen, from among
inmates of each particular boat, who have been exam
ined. Some of them knew Mcleod well before that
time-otheIs became acquainted with him afterwards
some talked with and recognised all their associates
and they all testified that Mcleod was not amongst
them on that night.
Now, gentlemen il is proper that you should apply
the rule distinguishing between positive and negative
testimony. 1t is true that where man swears he
did see another at any particular spot and period,
more satisfactory than when he only say that the
other not there. But you will take into consider
alton the reasons which would lead you to believe that
the crews of each Of the boats must have we'll known
each other, and form correct opinion to their
credibility when they say positively that Mcleod was
not amongst them. With this remark lleave in your
hands this portion of the prisoners defence.
We come now to the proof of an alib which, if
sustained can leave doubt of the prisoners inno-
cence, unless you can believe him gifted with ubiquy
The first witness to Prove this is William Press
He AYERS that he conveyed the prisoner and another
person to Niagara the day the destruction Of the
Caroline that he knows il to I've that day from the
fact of having made entry of that transaction in
his cash book under that datethat he conveyed the
prisoner in the evening far Stanford the way
back to Chippewa-that there prisoner alighed from
the wagon and went to the house of Capt John Nor
rson.
William Stocking was called and corroborated the
evidence of Press, and both, may add corroborated
the statement ofHamiton respecting Reyncock's hav
ing left for Europe before the commencement Of the
troubles in Canada.
The family of Capt. Morrison and himself swear
positively as to McLeods being there the night Of
the 18th of December. Captain Morrison states that
he is enabled to fix the day, from the circumstance
that his friend Col Cameron, called at his gate early
the Caroline, and gave him fragment of her ruins
which he had found in eddy below the Falls-that
he told this to Mcleod whom he found half dressed in
the Paror, where he had slept during the nght-that
Mcleod was electrified, and calling for his horse
proposed to leave Immediately, but finally remained
for breakfast, after which he went on his way.
Then comes the witness Gllkinson that he met Nc
Leod on the day after the destruction of The Caroline
on the road from Stamford-that they rode up together
to opposite Navy Island from which they were fred
hat nnft hn hall nHnI., n.loI
to Mcleod, who carried it with him-and Sears, you
will recollect states that this day he Mcleod
and another person riding along that way, and that
they were fired at from Navy Island. This testimony
is corroborated by that of Mr.. Mclean.
This is the aggregate of the testimony, gentlemen,
this part of the defence. The evidence ofthe Nor
risons and the declaration of Mcleod his e1amina
ton have been submitted you and criticised by the
Attorney General with great ability Ifhe has salts
fed you that the Morrisons may have been mistaken
as to dates, and in particular in reference to this great
epoch and that the other witnesses corroborang them
may have also been mistaken, then your confidence
in this portion of the testimony vanishes But if you
decide on just grounds otherwise then it should
think be deemed satisfactory in establishing the nno
cence of the prisoner.
Mr.. Spencer then requested the Court to charge
the jury that the deposition of Col. Cameron colro-
borated essentially the statement of Capt. Morrison,
which his Honor did, and proceeded
But gentlemen, if even after ALL though the prison.
ing aib yet if he has raised sufficient doubt to
his guilt he is to have the full benefit of that doubt
The law never divides between the living and the
dead-never consigns any individual to the tomb
the guilt of the accused In this spirit you are
to consider the evidence which have fully reviewed
before you.
And now, gentlemen my task is porformed Your
duty remains to be done. And it is of the most
solemn trusts that be reposed in the citizen. You
rtelih erat
You are to weigh and decide every part and por-
ton of it. You to call into exercise your best
powers of judgment-regardIes of rumors which may
have reached your ears-regardess of every consde-
ration except that of the guiding principle of Justice
and mpartiality.
And when you shall have come to your decision
and declared where the truth lies then with an indie
pendence that will honor you and with the noble in
tegry that your country expects y"u to exhibit you
will pronounce your verdict. And then trust that
all who have witnessed this trial-the ability with
which il has been conducted-and your patience IN at
tending to twill be satisfied.
If the evidence will lead you 10 say that he is gull
ty, them although your decision should wrap your
country In the flames of you will fearessly pro-
nounce 1t the other hand if he be innocent you
will SO pronounce him, regardless of threats or muir
murs or fear of rebuke, and may the God of truth
able you decide according to those principles of truth
and equity which are the foundations of the Eternal
Throne.
CONCLUSION.
AT about o'clock, P. M his Honor concluded, and
the case was then given to the Jury, who retired
der charge of the Constabes, willis, the Court pro-
ceeded to the despatch Of olher business
In twenty minutes the Jury returned to the Court
House.
Have you agreed upon a verdict, gentlemen of the
jury2" asked the clerk.
I'VE have" replied the Foreman.
What say you, gentleman, do you find Alexander
Mcleod guilty not guilty 7"
NOT GUILTY"
All was hushed and quiet-no excitement visible
any whare. The prisoners keen grey eyes frightened
up somewhat and taking his hat and cloak, he slowly
retired with his counsel
JAMES PHALEN & co. Managers Office,
Corner Of 9Th street and Pennsyludnia Avenue.