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

further progress arresied-he retreated
ard had opened the door about foot when violent
" pushed open by outside who then made a
plunge at him with sword, which glanced along
the vest buttons aud struck against the metal button Of his
panta'sons.
He considerably excited, bet in that nomentary
glance he the features Of the thus attacking him
and his impression then that the individual Al
exander Mcleod but with all commcndabe prudence and
caution-ior which honor him-this witness SAYS that
amid he agitation OF that moment ard in that hesty glance
which passed in the twinklng OF eve he cannot say
that IT Mcleod He had once before the prison
in Buffalo, and IT struck him the time that his APP
pearance similar the individual who thrust him.
but only one hurried glance and he immediately
piled to the question Of counsel when the stand here
that he could say that it Alexander Mcleod.
The next witness is Samuel Drown He resided at
Chippewa, and was engaged in tending bar for Smith
who kept there, and he says he up the
evening of the transaction to what is called the Cut
and up the Niagara rver-hat he the OF
this ''cut-that he at the gh-saw the boats
passing into the "Cu-and then he thinks he recognized
Mcleod among the party embarkng in the boas-it
dak-hut the witness expressed the certainty of his be-
lief that he then and there the prisoner He says he
went from there to Davss tavern where of these
persons and there from light which shpnc IN the
bar by light the stoop although he cannot
remember any light hanging out there-he processes
have there again Alexander Mcleod.
He then says that the morning, gentlemen, be-
tween daylight and sunrise heard some Of the men in
the opposite slOOp-the witness looked across, he
sad and thought he again recognized Mcleod. He
he went whether Mcleod wounded-he
apparently wounded, and did him. He
then inquired of in relation the degree of certainty
with which he could say that the whom he was
McLeod-and he said in reply that ''he whom
he called Mcleod. Another question put to him,
aud he then said Il mean to say that that it
Mcleod, that he now sits before me-"
That Is, gentlemen, his testimony. He submitted to
long xamnaton and how ar went TO shake your
confidence in his statements, il your province gentle
men, to decide There Is, however, one consideration
which will submit to you. Ii is this that when you
are TO Judge of the credit be attached the testimony
of witness, right and proper that you should OBJ
his the stand the degree of intelligence
which he exhibits the amount Of powers of observation
and accuracy of recolecion and having done So you
decide whether his satisfy you that he hon
est and the whole whether his Of such
character when taken all in ALL that you rely upon
them and If not sufficient TO satisfy YOU altogether YOU
decide It how far you should allow, what degree OF
confidence you repose his testimony aud that you
will bestOw II, and no more.
1t argued by the prisoners counsel that the degree OF
darkness which prevailed them and testified such
made exceedingly rash for this witness pronounce
confidently that he able recognize Mcleod
well there here day 1t also argued that he stands
before YOU mpeached his character for truth and
racty. And sustain this impeachment witnesses have
been called and have appeared before you and testified that
he lives the esid of the witness and he he
heard him speaking this subject think at some former
period when subpGnaed and among other things he SAID
he knew nothing M reference To this matter that could do
Mcleod any harm any good.
The statement which he makes Of what he said is
what qualified Ii is remarked the other hand that
who subpGnaed frequently make careless OBJ
servatOns. and that this person being poor man.
might wish avoid attendance that trial This Is
that persons often make careless remarks and had
Drown made such statement presence of any who
could excused him from attending here then the plea
Of counsel would have been entitled greater regard from
you
II in truth the facts ~hch he has stated remem-
bered by him at that time, when they all facts mate
rial and he could have said, consistently with truth
that he knew nothing of sufficient importance 10 harm
benefit the prisoner This gentlemen. is the extent o
that individuals testimony You take it into con-
seraOn and exercise your judgment in reference
10 the effect 1t NAV have in deIactng from your conf
dence the evidence of Drown. add that IN order
to restore your confidence Drswn Bates questioned
and i'm reply stated that that individuals character for
had attery improved-that formerly he had been
an incorporate man but he was now reformed.
The next witness gentlemen, Is Isaac 7. CaTson-ht
is Of this State. carpenter by trade he had
been Chippewa in prosecution OF his business he tes
titles that he Maclns the afternoon Of the
29ih of December ls37 that he there Mogin. Ush-
er and the prisoner passing of Dav:s that he also
him next morning at sunrise with others, the
"stoop that he at some little distance that he could
only see his head and shoulders that he telling
exploits, and tnat ne mad Killed ID ankee
that he him again three days afterwards that
he then sail he would se to he another such exped
ton, and burn Buffalo.
This is an analysis of this Witness testimony, which
is spread several pages of my minut 5. You wi
recoect gentlemen this witnesses testimony, on his cross
examination and will Judge how far that weakened th'
force of the made by hun his examl
nation There point however, that demands you
particular attention This witness enquired OF as Il
who else present when he heard Mcleod lourshn
L.. I.I .,,La fret I'll
witness could recoIlect any at last he sand b.
could name Caswell.
He was then asked whether he present at this tri
al and he said yes. He then asked when II first &c
CURED TO him that he Caswell there that morning
and he confessed that IT was that very moment In
crosse animation prOaced and IN the course OF II
il that he had conTersed with Caswel as late
the morning of the day which he testified on the STAN
before YOU that they talked OF the affair OF the Caroln
and that CaswelI informed him that he there that morn
ing may be that that all true, and that It reall
did not occur him that Csswell there till the cues
ton was put to him. But you are To judge OF that
The witness Charles Parker, barkeePer at Da'
ISIS Tavern. He testles that The prisoner went to bed
bed at Davlss Tavern early In the day. and got up Dc
tween and O'Clock in the evening-that gentena
called for him and went out-that half hour thre
quarters OF an hour afterwards he him between Da'
ISIS and the Chippewa creek-that good many Peop
the rosd-that Mcleod went into ofthe boa
that about sunrise the next morHng he saw him
Davis shat he again him few days afterwards
the officers room, and there heard him say that
had killed a id Ysnkee-or something TO that effect
At the close of his examination this witness aske
whether he could say with considerable certainty that
saw Mcleod at the cut and he said he could-he WI
asked further and he said be had doubt of ithe ais
states that pretty dark that highland ieshes ais
other things, account of which the counsel for n
prisoner contends you should take his testimony with
siderable grains Of ao~snoe-he tssifes to has know