New-York tribune., 1841-10-12

IN. Patriots: came very near oeihg iHii ''' ''-
..t..... who bore sway there, came back
= ch;,,e,ya and with others rowed round Mar
-; es,y IN tie morning of the 29.h in search
= he caroline-1id not see her, but wa, fred on
rom the Island went back to Chippewa; and
.leo, two or three hsurt i The afternoon. So
much is undlsputed The witnesses for ih- prose
cution % On IL stale tina, he ,-as seen il private
conference With Drew, Usher, and other British
officer, at Chippewa q, 3 CT O'Clock in the alter
noou (a5out which time the destruction o; the
Caroline was doubtless planned came OF OF
Davis +, tavern at 9 ocloca, about winch time the
men were mustered va. imPertec,ly recognised
by Capt, Appeby among the assaianis on ihe Car
oline was seen to land from Of the boats after
the destruction mad been accomplished was followed
up 70 sayis'. tavern where he stood >ome time be
fore the door talking of the affair was seen again
at sunrise next morning and soon after BY NO OF
three, whose attention was attracted 10 hin by 4
current report tina, he had been wounded in the
attack, which hi. appearance. confirmed; that he
va. then heard to boast of ms participation in the
affair. and that he has since boosted variou, VIII,
nes.e. who testified on ,h- trial OF having Killed
one ID Yankee &c. &c. Til, /. -ub-iau-
,ialy the case for tie prosecution.
For the 1eence-aside from The objection that
the Destruction was an act Of public force, obe ad
Indicated in the forum OF nations, and that no
murder can have been committed therein-a plea
overrIled by the Judgement oithe Supreme Court-
it Is given in evidence that Mcleod was not in or
near Chippewa at the time the affair took place :;
that he eiJ that evening at o'clock for Niagara
went out TO Lieut. Morrison, at Stamford, six
miles distant took tea there abou; eight; sat with
the family ill 10, ard with Lieut.. Morrison I'LL
after II; rose at nour and not dressed when
Col Cameron came along and told Of the ourning
of the steamboat; went away about o'clock ;
was met on hi, way to Chippewa near Niagara
Falls about 10 a. NJ. by Judge Mclean and Dr.
Foo:e, who had come down from Buffalo TO mp
pewa the previous evening, and had when there
vainly inquired for Mcleod both then and in the
morning; was fired at in passing Navy Island and
reached Chippewa about II, returning that after
noon by Stamford to Niagara. mot the Falls
Such, with some impeachment of the witnesses for
the prosecution, is the case or the defence.
Nov we have no, a doubt that Mcleod i, crwill
be acquitted; we believe tina, the Morrisons have
meant to testify truly; we have not doubt that
mary of the witnesses for the prosecution commit
ted perjury, and would have sworn ANY thing to
convict Mcleod and embroil Us in war with
England-and vet the abb raises many difficulties
in our mind. How strange that so active parti-
san Us Mcleod, who had Just been round Navy
Island on II ookou, for the Caroline-who must
have known that expedition on foot to de-
.,roy her-should star, off a, o'clock of a dark
night over heavy road to Stamford, stay there
through the even;ful night without any visible mo-
tive, and start back for Chippewa next morning
1t seems marvellous to us. The current hypothesis
tina, he was on terms of special intimacy with Lieut..
Morrison's oldest dasghter is entirely unsupported
by facts. That daughter was then young girl,
was married to another man nearly TWO years after
ward, was deserted by him, and aiterward became
the paramour of Mcleod Nothing like This ex-
is,cd in 1887 OF could have existed in her father,
house.
And now word respecting the character and
conduc, Of this trial, whlch has already excited
very general remark That the defence Of Me
Ieod has been thorough and mastery none will
doubt who are acquainted with the industry and
vigilance OF the junior counsel. who have nearly
employed the summer in getting it up, and the dis
legal ability acuteness and forensic
power of Mr.. J. A. Spencer. Nor do We believe
tina, any one who attended the trial-we will not
spesk for others--could be less than satisfied with
the ability, energy and eloquence with which the
prosecution WAS sustained We do not regret that
Judge Grdley ruled throughout very strongly and
obviously in favor of the prisoner. See report 81
our frs, page.) That prisoner was strange
as,ong us, exposed TO strong National prejudices
on every side, on trial for wha, is grave offence
in the eve Of our law, but which, II committed in
obedience 10 his lawful Supcriors and in warding
of the footsteps of invasion from The soil of hi,
country, can hardly be regarded as implying moral
culpability. We rejoice, therefore, tina; he re-
ceived n more than fair. favorable trial, and thar
the result is almo,; necessarily his acquittal. e
But the conduct OF leading advocates thi,
trial is deserving OF severe apprehension. While
between the TWO District Attorneys on the owe
hand and the junior counsel for the defence OF the
ether all perfectly courteous, The conflicts O
Mr.. Spencer with Mcssrs. Hail and Hawley eyince,i
al acrimony and passion which, As between Dis
tric, Attorney OF the United States ard admitted
leader of the bar on one side and the Attorney
CiernraI nj, lie S,n,c ON he O, nor rannnt DE ,n.