The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-10-05
MoLEOD,S TRIAL

on our part.-EIpTesS
MoLEOD'S TRIAL
This trial was postponed from last to this week,
and may have commenced yesterday, but il isquite
probable il will not till the middle Of the week.
The delay is the part of the prisoners counsel,
who have all their evidence in readiness -
II is said that they have numerous dispositions 10
prove an ahi--that he at another place at the
time Of tho outrage. Against him are witnesses
ready The swear that they saw him kill Durfee-
We shall probably have something further another
week, part of tho trial if it came on yesterday
We extract the following from the Correspon>
dence of the New York Trbrne.
THE CASE OF MCLEOD.
UTICA, Monday, September 81.
The Circuit Court for the Fifth Circuit of this
State was to-day opened in the Court House-Jus-
tIce GRIpLEY of this city presiding, in the absence
of CHIEF Justice Nelson, detained at home Cooper
town) by protracted indisposun 1t was numat
ed some days since that the Chief Justice might
not feel able to attend this Circuit, and that Judge
Gridley would not undertake the trial at once, as
not expecting 10 try it, he had not prepared him
self, and wished time consult authorities on the
important points Of inorna tonal as we'll as crimi
nal law certain to arise.
Three Judges Of the County Courts appeared Oh
the Bench 18th Judge GridIey. The Court House
was crowded, in good part with witnesses and per
sons strongly interested in the trial
The usual formalities Of opening term of Court
swearing in The Jurors empanneled, &c. having
been completed, the first case called was that of
The People Of the State Of .Neao York vs. .4ie1Gn-
der Mcleod indicted for the Wilfu Murder Of A
mos Durfee, at Fort Schlossar, in tho County of
Niagara, in December, 1897.
Mr., WSttis Hall, attorney General, responded
behalf of the People. He handed TO the Court
| list of witnesses summoned on behalf Of the People
which was called over by the cricr. potion on
Iy answered to their names.
| The Court inquired when the case would be
ready for trial. The Attorney General replied
| that The case on behalf of the People was ready
noao He moved that the trial proceed.
Mr.. J. "A. Spencer of Counsel for the prisoner,
submitted his reasons for opposing the motion. His
associates Judge Gardner OF Rochester and MIR
Bradley of Lockport) were both still absent IN
Canada collecting testimony. He expected their
return daily, but was not ready 10 proceed without
them. Unexpected difficulties had been encoun
tered in obtaining of testimony The witnesses
had since 1887 become scattered over all British
North America, from Lake st Clair TO the Gulf of
ST. Lawrence Many of them had been found and
their testimony taken, (of which three large pack
ages were produced in Court;) but others whose
evidence was important had not yet responded.
He could not feel justified in going trial in this
state of the case and he moved that the trial be set
down for Monday next, October 4th) which was
the earles, day that he could feel certain of being
ready.
Mr. Hail felt bound to oppose long pos,ponemen,.
He would do nothing 10 deprive the prisoner Of a
fair trial. but ample time had been allowed for pre-
paration The opposing counsel were well aware
1 that the trial came this timc while great
number of witnesses for the People had been at
much expense, summoned q great distance from
| their homes, and were now in attendance. They
could not be detained here whole week eyond
the time necessarily employed in the trial but AT
great Inconvenience and hardship TO them.
Judge GriUey reserved the question Cor the pres
ent, but with the right to the Attorney General to
renew his motion a later day of this week should
he think proper TO do He then made a brief
and appropriate address to The jurors empanneIsd
reminding them of the great responsibility resting
| on them, of their sworn duty to avoid all grounds
| of bias prejudice the question which por
| ton ofthem would be called 10 decide, to repel all
. attempts to influence them by rumors and Indirect
approaches we'll otherwise He directed
( them, should any attempt he made appro acb
one or more of them, TO give information To the
Court, by whom the offence would be promptly
d cit with.
The case was then dropped, and the Court pro
ceeded 10 the trial OF civil causes.
B"The St Louis Bulletin of the 18th ult speaks
in the following spirit of the condemnation of
three aboltonisis in that vicinity
Triat at Polmyra-the .46oLitionists sentenced to
the Penitentia,y far t,ceioe gears The three abo