Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-10-20
right, and the attention which should be given

: WCNngI
to the FIRST class OF evidence against the pri,onei
That Is, these are the only witnesses who testify
'heir Own knowlcdgea as To facts. untitled with con
LESSONS, which 30 To connect Mcleod with tins en-
tcrpriSc.
And the prisoners counsel contends that soma n
these Witnesses have been upeoched and that other
have Appeared m very doubtful Circumstance: a.
the d"knrss OF the night was good reason why ~
very great confidence should Dc placed IL the state
nentS ot those tCsuynS 50 pOsitIyciy that they n.
cnGnIsej Mcleod with such cert,inty and tb,, yvb,
they have thus proved is enough TO throw som,
shade OF suspicion on the whole. That is the view
taken OF II toy ;he prisoners counsel.
NhilS on the other hand. tho counsel for the pro
Secution insist that u Is mass of ties imopy wbiel
| you must believe, ard winch believing, YOU can.
not DOUBT the Tact OF the prisoners guilt. IL is you
p'oyince To c,iucsc all this, aud To pass upon IL
Ihe other erhnch Of the CIV dence is that contain.
cd IN the confessions OF the prisoners and there is
/ principle o, law applicable to that descripion al
evidence, to which the counsel for the missioner b,,
directed your aenuOn; that confessions are IN then,
selves the most suspicious kind of evdcnce-easiIy
'IoHCa'ei ana diiheut TO lie diSproye5 liable to be
mi>iaken, partially heard, partially rems inferred:
anu unless couohoratcd 10y other testimony the
RUE adopted 10y the elementary writers, and sane
TONED NY the most distinguished lurs,s u.s. that hey
are the most unsafe dcscrip ton OF testimony.
Nevertheless, they are competent to bc we-hrd
Judged OF, and passed upon like all the o,her cvi-
deuce IN the case. therefore, ceutiemcn call your
attention 10 the evidence Of
Henry Myers; and would admonish YOU tina,
one rule 10y which you are to test the dec aratiuns
OF the witnesses that you are To see whether they
are pTooab.e-ilke what men IN like circumstances
would do.
The last is, tina, on one occasion, willis, he WAS
passing Niagara Fails, he stopped at a tavern and
saw Mcleod, with number OF Others. that Nc
Leoi was NccoSted 10y name by another of the par
"; that he 0cascd that he had KILLED one ID
Yankee or rehe; and that he compelled the witness
to "uent' the parry.
You will judge the crcdibly OF this witnesses
story; but there one thing lie SAID winch has nnt
been noticed toy any OF the counsel. ans what NAV
ala you IN passing Judgment ON hls eyidcnce-be
SAID mat lie ked the textures OF Mcleod well as
TIC determined 10 uss HIM IN similar manner # ever
ne 20; HIM on tins side OF Ihc frontier
The next witness Is CALVIN Wilson. lie is the
Keeper o. ferry n Youngstown, IN Canada, and
ne SAYS, that few days after the destruction OF IN,
Caroline nc wen, over To Canida-went into a house
%heIe was person 10y the nimg OF Rcyncock Nc.
Lrod, and others whom he named, who had been
actors m that Transaction, AMI that Mel. cod sail
one OF the Il - reUeS got shot on the wharf
ms witness has been cross examined at last:
nnd confessed ,hnt, though pOor m.n With a FAM.
", he mad given $500 10 the "patru" cause and
ltcintd Answering whether or not he had har bored
The notorious Lcu. To reuuS- his testimony n re-.
sntcta0.e mhaUUart OF the town of Niagara named
t'mi.'on, was produced, auu testified that ne well
Ahe" Ksy"cocN, AMI IhIt that individual was ab.
sent ~ England a; the time specified oy wilson
heal1n. lie WAS called 10y permission alter pr,,-
stcuron rested, the Attorney General suppos,ns
that there hau been reservation IN favor of tais
mess lie ierc>eS ihaf, about year before he
nau gone from NnUoy, Canada, where he lived IN
Mag ira, was near the ferry, saw Mcleod cumrn,
up from the water SIDE, and the witness remarked
&" Nun that ne Seuunes had q hard time Oft: tbat
they ,hcu talked Of the Navy + anirrs and l,oyr
,N,Ir numn-r, that NJ, Lsoi said they ucvef would
nave Tie Caroline there again, anG added that he
vas the Styo. q or uIut man who boarded her and
'hen some person, stranger 10 witness interrurt.
ei The conversation by taking Mcleod II; IN Il h..
me "lnessl turned from the ferry, recorct ng he
aad not pass, and went back To the town
Geni.emen, you ate carefully To examine this evil I
lence, ana u'cIie according TO your Conscientious
CONVICTION OF The truth Il really IS lfyou believe
ms evidence, notwithstanding some oOI cti,ns 10 H.
lhu mol" outstanding sumG dttuc IONS which are 10
ne made; yOu believe JuaJ % does, after ALL pre.
.en' TO you an amount of evidence which Is So II
sent TO call up lie PRISONER ans gyer tou YOU arc
10 '-AH lh.o consideration the defence up,ned before
'ol. And MS uudeUIaule thar, IN looking a, this
mass oi evidence, there is much that upptlts qre,
son .oic, and much OF u remains that IS mn. p,y-r
l.y attacked, aud that does cor very IA d ON the
question OF The prisoners suIt. Bu,, p,,su. from
us, you are thea 10 nuk 81 the prisoner, side be.
cause II Is the right Of every man put on ,rl here
- eseni rs vi urSses, have them examined and If
benefit oft.
That defence, gent emen, IS whit is cllIei an
iNi u Dis, 900 other words that he htd no pat or
10, no >or, OF participation, in this enterprise And
MS amer Zoe 4IsppsA. o. The frs, question already
p'>'ei upon is Tie Uu.v her ground id fence that
exists. And In my ilcsmen. no te-r,e of srspi.
on should attach % o. as an original defence he.
cause D. is as just sui, the ony defence mat re-.
mains tor The prisoner 90 'he uas. 10 he were IN
'flih upon inai expedition tho IS h- guilty. and
SD YOU most pronounce TIM Blu, gentlemen, If he
Wa al That lime FIVE, or x, or seven nIas ri,,ant-
% Doe H'a no PARTICIPATION u ghgt eu'sf puse-lEcu the
same great principles Of justice require that Won
81 -u.d pronounce him :nuoccn'.
he evidence sustaining tits defence consists OF
the deposlucrs of individuals ayowtdy p,rt.cIpa.
ting Tie Expedition; and secondly fine Oral les.
L'Wony OF s. q. individuals, showing or teu1in, .
10 snow that Mcleod was, during the execution OF
ms enterprise, az distant spoi-in auo. her town.
First, then, with regard 10 The ev dence OF the
Commissions. The prisoners counsel is ri.ht IN
telling you 'hat evidence taken IN this way S, and
Should te less satisfactory than thar gwen person.
any before you But 50 far as the de positions
themselves 20 10 describe the individuals tcsulyinr.
You may ces're some Information respecting the
80 udIus aru cH rrlClur of those individuals Some /
Of them are lawyers, some OF them manners and
some officers ~ Her MaIsfy's service; and by their
descriptions hey should all be men Of character and
responsibility.
IL has ne~n said that this commission was uruv
lnc commission that witnesses were examined
whose Games bad not been returned. But there
Whs' DO the sput OF Usrai'y and 10y consent "a ST..
pH.alOn made tb1t more witnesses than those nam
ed might be examined. II was also limited t0at
some suspicion should attach 10 these d-p1.itons
from the manner in wh ch they had been made no,
! iHe earned Judge here de crbel the manner IN .
winch the commissions were executed apd showed /
that no su-p'c.Ou could properly rest upon ,rem.-
IL then proceeded The Attorney General has
noticed the testimony ui these dgpouen', with great
mnuien"sS and equally great ability. He mas point.
ed out where Tie witnesses have cOn,iaIc'ei each !
oihcr or the truth. For instance, some saving that
resistance Vas made on board the bout whereas II /
mas been shown hat there was TO f,sIsfarcc fl
the witnesses swOrs 50 knowing thlt they ,ycr,
swearing falsely, that Will OF course rctrrr l-gri
their crediDuty. Bot Wells himself fe,tIfss tr,t
he heard overhead the sounds of fghi1g. and that
90 ihc darkness Of the night and confusion of the me-
Tee, the a''acEng purity mad mistaken each her for
Tue occupants Of the boat, and that they fought 10.
gcher. u that were true then J.. would no, follow
mat DO tesriying as 10 resistance encountered On
BOARD ne boat, they were not false 90 the corrupt
sense Oi the term.
Passing from this. there is this other cor,ide,,
ton when must strike you IN ihc Ousct. IiwEen
Alexander Mcleod sued out this comm. .srgr gnd
directed Tue commissioners 20 examine p.r.lrs vim
hfd been 10 each Of the boats, and DE- n truth he had
been present. there hIu-c.t, he must be a bold man.
In0lci; because he must have supp1sed tb,t the
commissioners would either have rasru orIy fhoss
why could n,i se, In tHe dark whsilsrbe wastIers
or n0', or that 'Ee men would have been % cDfrun,
as osweC' falsely o. * ricste him from the punish.
m7rt Of ns crime. Buf this Is no further syIi,nre
than Es b. IS portion Of tbc history rrtbc trfn.,r-
700, nhI win these views you are % take up tie
testimony and ascertain, after Solemn inqu.ry. nDyy
much credit gov should give these witnesses.
j. B uuIUuu. ci y true, gsntcna0. that Sfars
rfiuu' Say. with lry decree of Certainly thar NJ