Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1841-11-02

hun IN company with brother-In-law, " HON
he accompanied as witness IN his evidence
cessary-thst money paid to McLeod-but although
he a witness, he recoect the amount of
the money paid on the occasion.
II also argued that this witness tells very extra
ordinary story relation the IN which he has
been induced appear here-that he started from home
to make purchases in Buffao-that he SUSPECTED
who accosted him the way with a design of
arresting him to his attendance a witness
this tal-that he returned home-again out and
arrested Buffalo before he had time TO transact any bust
ness-that further he ignorant Of the laws of this
State, and frightened by the alleged representations
of Mr. Hawley that he (Mr Ii had power enforce his
attendance here, that he consented come.
All this may may not be the truth This witness
also estes that he solicited ts here by persons
religously opposed to bearing Now, gentlemen,
have opinion to express these matters. You
the sole Judges of this testimony and with you leave It,
The witness is Caswe-he whom Carson spoke
Of and he teses in substance that lie also Mcleod
that morning at Davis's tavern.
Then comes Qunby-he is the witness from Pennsyl-
vania he tesies that he resided some two miles from
Chippewa that he there the 29th with load of
hay which he sold to the Government that he did not
get paid for it at the time OF the sale that he remained
I'LL evening and in the of the evening the
prisoner Davss tavern that he remained there from
till 10 O'Clock that he then started for home stopped
Petuss about mile of all night that he then turned back
and again In Chippewa between daylight and sun
that he back get payment for his hay the
Commissary's office; that he going there when he
5 Mcleod; that he him the ridge" and that
he there heard him boast of his exploits the Caroline
and heard him declare that there the blood of
kee OH his sleeve.
He is questioned then as to whether he expected to re-
payment for his hay that early hour and whether
there any persons the office, and he said there
that he wished be there good season but did
not get paid aud finally went home.
But gentlemen, 1t according to the testimony Of
Mr.. Lott of Louisville, Pa, that occasion this
Qumby with another person for the purpose max
ing affidavit berore Mr.. Lott who magls trale, and
that that gentleman refused take the affidavit because
Qumby unworthy of credit that he to ano,h-
magistrate by whom the affidavit taken and sent
Lott says that he resides Lottsye-that the reprta-
ton of the witness Guimby, while resident there
y bad that he not TO be believed oath and that
in informing the prisoners counsel of his character he
(Mr had no private motives OF revenge malice to
crafty. Now 1t is said and II is true that ordinarily
witness. nvadaie the TESTIMONY of another, should be
called from the neighborhOod But you the arbters
of the question, and in your hands leave It,
The evidence Of Seth Human, for whatever it worth
is before YOU When examined before he said Nc
Lood by him that morning he says
that he You will give this the credit you deem 1t
deserves.
Justice F. T. Stephens is then called and sworn. He
present the night question: and
that he three boats 60 out and return and he dis
tncy and positively that ne Mcleod iisem-
bark at the beacOn-Ight
That is statement which is not corroboraed by other
Witnesses and the contrary hostile the
of all other witnesses on both sides 1t cannot be true
He dismissed from the stand Without rossexamina
ton He has testified to a deliberate falseheod-a false
hood for which the paatng plea Of the probability of
mistake cannot be offered
Leonard Arson is the next witness. He swears that
he saw Mcleod the bar in Davss tavern that there
others there who took part III the expedition against
the Caroline. each Boosting to who had committed the
greatest crime that there he Mcleod draw his
pistol and declare that he had killed a ID Yankee,
and that pointed out the blood the stock of the PTS
tol.
This il is conended on the part Of the prisoner
improbable sory-that he could have the blood
on the pistol And other considerations have been sub
mitted you relation to the testimony of this ndvid
ual which it is unnecessary for to dwell upon
You the judges OF their weight and the attention which
should be given them.
These are believe the only witnesses belonging
the first of evidence against the prisoner That Is
these are the only witnesses who testify Of their own
knowledge o unaled with confessions, which
90 to connect Mcleod with this enterprise.
And the prisoners counsel contends that some OF these
witnesses have mpeached, and that others have APP
peared in very doubtful circumstances that the darkness
of the night good why very great conf
dence should placed the statements OF those testify
ing so positively that they recognized Mcleod with such
certainly and that what they have thus proved enough
to throw shade of suspicion TIE whole That Is
the view taken of it by the prisoners counsel
Whilst on the other hand the counsel for the prosecu
ton insist that il a of testimony which you must
believe and which believing cannot doubt the tact OF
the prisoners guilt 1t your province to crticse all
this and pass upon 1t.
The other branch of the evidence tbs. contained
the confessions of the prisoner and there principle
law applicable that description OF evidence, 10 which
the counsel the prisoner has directed your attention
that confessions are themselves the suspicious
kind of evidence easily fabricated = and difficult TO be
disproved-liabe be mistaken partially heard par
TALLY ACKNOWLEDGEMENT unless corroboated by other
timony the rule adopted by the elementary writers, and
sanctioned by the distinguished jursts is that they
are the unsafe description OF testimony
Nevertheless they competent to he weighed, Judged
Of and passed upon like all the other evidence the
therefore, gentlemen call your attention TO the evidence
of
Henry MYERS: and would admonsh you that rul,
y which YOU are TO test the declaration of
that YOU whether they are probabe-lke wha
in like circumstances would do.
The last that on occasion whilst he passed Mag
ara Falls he stopped tavern and saw Mcleod, with
number of othersthat Mcleod was accosed by name by
another of the paryhst he boased that he had killeC
one id Yankee or TebeI-snd that be compelled
the witness Treat" the party
You will Judge Of the credbiy OF this witnesss story
bu, there thing he said which has not been noticed
by any the counsel, and what may aid you IN pass
ing Judgment on his evidence-he said that be marked
the features of Mcleod WELL as he determined TO hin
in similar manner if he him this side OF th
n frontier.
. The next witness is Calvin Wilson. He Is the keep
er of ferry Youngstown, in Canada, and he say
that few days after the destruction Of the Caroline n
g went over to Canada into a house where was
!, person by the name of Rsyncock, Mcleod and other
whom he named had been actors in that transaction
o and that Mcleod said of the ID rebels got sho
e the wharf.
This witness has been smned a, last. and con
- fessed that though poor with family ne had CIV