The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-10-16

Smith who ket tavern there, and he says he went up
on the evening Of this transaction TO what is called
the "Cut" and up the Niagara riyer-that he was at
the entrance Of this "cut-that he was at the bea-
con-light-saw the boats passing into the "Cut and
then he thinks he recognised Mcleod among the par
" embarking in the boats-it was dark-but the wit
ness expressed the certainty Of his belief that he then
and there saw the prisoner. He says he went from
there Dayiss tavern, where portion of these per-
sons came, and there by q light which shone from
within the bar-room-or by a light out the stoop,
although he cannot remember any light hanging out
theIe-he processes to have there again Alexan-
der Mcleod.
He then says that the next morning gentlemen, be-
tween daylight and sunrise he heard of the men
in the tavern talking of Mcleod being wounded, and
was over on the opposite stooP-the witness looked
across he said and then thought he again recog nized
Mcleod He says he went to whether NC
Leod was wounded-he saw no one apparently
wounded and did not see him. He was then inquired
of in relation to the degree of certainty with which
he could say that the man whom ne saw was Mcleod
and he said in reply that "he saw a man whom ne
called Mcleod Another question was put 10 nlm'
and he then said 81 mean that am sure that 1t was
Mcleod as that he sits before me-"
That is, gentlemen, his testimony. he supml'e %
to long cross ex animation; and how far II went TO
shake your confidence in his statements, It Is your
province, gentlemen, to decide. There is, however,
one consideration on which will submit to you. IL
is this that when are to Judge OF the cred 20 DC
-
proper that you should observe his manner on the
stand the degree of intelligence which he exhibits
the amount of powers of observation and accuracy OF
recollection; and having done So you are to decide
whether his satisfy you that he II hones ana
on the whole whether his statements are oil such
character when taken all in all. that you can Iely up
on them and if not sufficient 10 satisfy you alto
gether you must decide in how far YOU should allow,
what degree Of confidence you must repose IN his
testimony, and that you will bestow on it, and no
more.
II is argued by the prisoners counsel that the de-
gree of daknes which prevailed then, and is testified
to was such as made it exceedingly rash for this wit
ness to pronounce confidently that he was able to
recognise Mcleod well there as here to day. 1t
also argued that he stands before you mpeached as
to his character for truth and veTacty And to sue
tain this impeachment witnesses have been called and
have appeared before you and testified that he lives
near the residence of this Witness and he says that he
heard him speaking on this subject think at some
former period, when subpenaed, and among other
things he said he knew nothing in reference to this
matter that could do Mcleod any harm or any good.
The statement which he makes of what he said is
somewhat qualified. Itis remarked on the other hand
that witnesses who are subpenaed frequently make
careless observations and that this person being poor
man, might wish to avoid attendance on this trial.
This very true that persons often make Careless re-
marks, and had Drown made such statement in pre-
of any who could have excused him from at
tending here then the plea OF counsel would have been
entitled to greater regard from you.
lin Truth the facts which he has here stated were
remembered by him at that time, then they were all
facts MATERIAL and he could not have said consistently
with TRUTH that he knew nothing of sufficient import
ance to harm or benefit the prisoner. This, gentle
men, is the extent of that individuals testimony. You
to take into your consideration and are to exer-
else your judgment in reference to the effect it may
have in detractng from your confidence in the evil
dence of Drown I may add that, in order to restore
your confidence in Drown, Bates was questioned, and
in reply stated that that individuals character for We
raciy had atterly improved-that formerly he had
been an Incorporate man but he was now reformed.
The next witness, gentlemen, is Isaac T. Carson
he is native of this State, carpenter by trade he
had been at Chippewa in prosecution of his business
he testifes that he at Macklins store on the az
ternoon ofthe 18th Of December 1887 that he there
saw Mogin, Usher, and the prisoner passing out of
Daviss that he also saw him next morning at sunrise
with others, on the "stoop;'' that he at lit
tie distance; that he could only his head and
shoulders that he was telling of his exploits, and say
ing that he had killed id Yankee; that he saw
him again two or three days afterwards; that he then
said he would like to be another such expedition,
and burn Buffalo.
This is analysis ofths witnesses testimony, which
is spread over several pages of my minutes. You will
recollect, gentlemen, this witness testimony on his
cross examination, and will judge how far that weak
ened the force of the statements made by him on his
nicer examination. There is one point however, that
demands your particular attention. This witness was
inquired of as to who else present when he heard
Mcleod fourishing and Boosting of his having lled
Il Yankee At first, the witness could not recolect
any one at last, he said he could name one Caswe
He was then asked whether he present at this
trial. and he said yes. He then asked when it
first occurred to him that he Caswe there that
morning, and he confessed that it that very mo-
ment. The Examination protracted, and in
the course of it, il that he had conversed with
Caswel late the morning Of the day which he
testified the stand before you that they talked of
the affair of the Caroline and that Caswell informed
him that he was there that morning 1t may be that
that was all true and that it really did not occur to
hat Gas WAS he moi he
ton was put to him. But you to judge of that.
The next witness is Charles Parkes, barkeeper at
Davis Tavern. He testlfes that the prisoner went
to bed at Davis tavern early in the day, and got up
between and 9 o'clock in the evening-that gen. |
tleman called for him and he went out-that half an
hour or three quarters of hour afterwards he saw
him between Davis and the Chippewa creek--that a
good many people were on the road-that Mcleod
went into one Of the boas-tha at about sunrise the
next morning he saw him at Davs--that he again |
saw him few days afterwards in the officers mess
room, and there heard him say that he had killed
ID Yankee--or something to that effect
At the close of his examination this witness was
asked whether he could say with considerable GER
tainty that he saw Mcleod at the "cut, and he said
he could-he was asked further and he said he had
doubt of the also states that was pretty dark
that highland testfes also to other things, on &C
count of which the COUNSEL for the prisoner contends
YOU should take his testimony with considerable grains
Of alowance-he testlies as to his knowledge OF Nc
Leod, and among other things, says that he once
went 10 see MIN In company Win apTotneI-lh-laW1
whom he accompanied as witness, in case his evil
dence necessary-that money was paid to Nc |
Leod-but although he went as a witness he cannot
recoect the amount of the money paid on the occa-
sion.
1t is also argued that this witness tells very extra
ordinary story 10 relation to the manner in which he
has been induced TO appear here-hat he started from
home to make certain purchases in Buffalo-hat he
suspected some one who accosted him on the way
with the design of arresting him his attend
ance as witness on this tIal-that he returned home
again set OUT and arrested in Buffalo before he
had time to transact any business-that further, he
was ignorant of the laws Of this State, and was SO
frightened by the alleged representations of Mr.. Haw-
ley that he Mr.. Ill., had power to enforce his attend
ance here, that he consented to come.
All this may may not be the truth. This witness
also testifes that he was solicited TO come here by
persons rejgiously opposed to bearing arms. Now,
gentlemen, have opinion to press on these mat
tiers You the sole judges of this testimony, and
with you leave it.
The next witness is Caswell-he whom Carson
spoke Of and he estes in substance that he also saw
Nc Leod that morning at Davis's tavean.