Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-10-16
TRIAL OF M'LEOD.

c,,c,,, C,ur, of Oneida county, New York, was
orpapized for the trial Of Alexander MLcod, fo
the murder Of Amos DIrfee. After considerable
difficulty in empannelling the jury, aud the pett
Jurors being discharged until Friday, Mr.. Hall, AT
torney Genera, then roceeded to open the case o'
the prosecution He commencedb BY abiding brIe
fy ,bni lcengy TO the delicacy Of his situation,
of the duty whcl, had devo!ved upon him
and the Jury. He next advcrtcd TO the great e X
citement which pervaded the public mind from
one extremity Of the Union to The other, in rela
ton to the important trial upon which they bad
now entered. and the evidence Of which was be
fore the eyes OF the j.ry, 10 the living masses
which tbronged and surrounded the Courthouse
To this excitement il the duty of the jury
and himself to close their eyes, to know 1t not
and TO eschew its influence.
Their duty plain. 1t to elicit the
truth, to be governed by truth alone, and 10 keep
their minds and their judgments free tsom all ex-
traneous influences, pre- Judces or fears. Truth
the only pursuit: and If, from innate weak-
ness, he fell short of the fail performance of his
duty. he prayed the jury TO redouble their own
vigilance, and solicit truth through the channels
presented to them, in all cases IN which he might
be deemed remiss.
Mr.. Hall then read to The jury the greater part
Of tine Indictment found agaIns. the prisoner, at
the Niagara Circuit, for The shooting and o XII
ling Amos Durfee, on the 3Oh December, 1887.
There were Il great number OF counts III the III
dciment, some charging The murder To have
been done with gun, some with a pistol, some
charging The murder upon the prisoner. and 9th
upon sundry other ndividua!s, named and IN
known, the prisoner being present and aiding and
assisting therein. In these several counts was IN
cluded every species OF murder or killing known
10 the statutes; and those Mr.. Hall briefly
glanced over TO the jury
To sustain this indictment, Mr.. Hall stated 1t
would he proved before The jury that, on or about
the 2Sth December, 1887, the steamboat Caro>
iine boat Of some 80 or 40 tons 5urihen, left
Buffalo for Schlnsser. The boat manned by
citizens of the United States, was duly enrolled
at the Custom House, and was licensed TO run be-
teen ButiiIo and Schosser
AT that time a band of Canadian insurgents
three or four hundred in number, had taken pos
session Of Navy Island, and held ii in the name
Of the British goverunen'. A great effort nioo
making at the sametine, To euls st The feelings of
ctizens, this side of The lines, in behalf of
The people who had been driven there by their
hardshIps and sufierings, and for their wives and
children, who had been thrust from their houses
and homes IN the midst Of a Siberian winter,
found no difficulty in ensting among portion of
citizens, especially among the young, the
sympathy their depiorable situation naturally
drew forth.
But with the Band on Navy Island, the Caro-
line had no come ctiou; and ii would be made TO
appear before the jury tina, she was not at all IN
their EMPLOY.
In his recapitulation Of some Of the border
scenes, of the times preceding the destruction
of the Caroline, and Of that outrage, MIR. Hail
displayed an intimate know ledge of the progress
of those events, and drew vi,I aud eloquent pic
lures of the sutferngs of inhabitants on both
sides of the line. and among those who stood a.
loot from the raging quarrel rs we'll as those who
were Immediately involved in it, and of the out
RACES, massacres, EARNINGS and destruction OF
property which accompanied ~.
Mr.. Hall then reverted 10 the manner of the
origin of this case, and the well known history
Of It's progress from court TO court, mp 10 its PEE
sen,ation here for the decision of n petit jury of
Oneida county. In this reorganization, Mr.. Hall
introduced the decision of the Supreme Court
upon he motion for the discharge Of Mcleod,
greed IN New York last summer. When he had
proceeded about half through this decision. the
court, at O'Clock, adjourned for hour to dine,
Afternoon Ssssion-At half past 2, p. m, the
court had come together, and order become restor
ed when MIR. Hall resumed the reading of the de-
cision Of the Supreme Court. Upon coucludinp
Mr.. Hall called the attention of The Jury 10 so
much OF the case as was passed upon by the Su-
p-emo Court decision. TO wit: that the killing of
Dur!ec was not committed under the laws of wa r.
but came wholly under the civil law Of this coun-
try; that 1t was not the result of any previous
order of the BRUSH government: and that il - 10
the tribunals of this country, and to those trlbu-
nals alone, his murder was responsible.
He also indicated the murdered Dnrfee from
the inputation OF having been insurgent. and
IN arms against Canady. Dlrtee he would show
was IN no way connected with the insurgents
and wholly innocent of any participation in the
Instructions of that day
The law points, Mr.. Hall continued had been
disposed of BY the Supreme Court, and all ina
was left for this jury 10 pass upon was that pre-
scented IN the IndIctment-was the prisoner Quill =
or innocent of participation in The murder Of Dur
fee. To sustain the Indictment. he was prepared
20 prove the assertions of the prisoner that he
was present at the destruction of the Caroline
and the murder of ID lrfee; that he was busily en-
engaged enstine people TO 60 upon the expedi
ton against the Caroline; that he was Schlos
ser enIuirng at what time the Caroline woult
be there; and that, after the outrage. he exhibit