Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1841-10-06
From the New York Tribune.
The Case Of Mcleod.
Editorial Correspondence.
UTIcA, Monday, S

this State was to-day opened in the Conr,
House-Justice GRIDLEY oflhis city presidu.
in the absence of Chief Justice Nelson, .de,ain.
ed at home (Coopersiown) by protracted indis.
position II was intimaied s0me days since
that the Chief Justice might not feel able To al.
tend this Circuit, and that Judge Gridley would
not undertake the trial at once, as, not expect
ing 10 try it, he had not prepared himself and
wished time TO consult authorities OF the s,.
porlant points of international as well as crimi-
nal law certain TO arise.
Three Judges Of the County Courts appeared
on the Bench with Judge Gridley The Court
House was crowded, in good part with witness
es and persons strongly interested IN the trial
The usual lormalilies of opening term Of
Court, swearing in the Jurors empanneled, &;c
having been completed, The first case called was
that OF Tie People of the State of Neo York ~
Alexander Mcleod indicted for the Wilful Nur-
der of Amos Durfee, al Fort Schlosser, in th,
County of Niagara, in December. 1897.
Mr.. Willis Hall, Attorney General, respond
ed on behalf of the People He handed To the
Court list of witnesses summoned OH behalf
of the People, which was called over by the
crer portion only answered to ;heir names
The Court inquired when The case would ba
ready for trial The Attorney General replied
that the case on behalf of the People was ready
noD He moved that the trial proceed
Mr. j. A. Spencer, of Counsel for the prison
er, submitted his reasons for opposing the mo-
rion His associates Judge Garlner of Ro-
chester and Mr.. Bradley of Lockport,) were
both still absent in Canada collecting testimony.
He expected their return daily, but was not
ready to proceed without them. Unexpected
difficulties had been encountered in the obtain
ing of testimony. The Witnesses had since
1887 become scattered over all British North
America, from Lake ST. Clair 10 the Gulf of ST.
Lawrence Many Of them had been found and
their testimony taken. (of which three large
packages were produced in Court;) but others
whose evidence was important had not yet re-
sponded He could not feel justified in going
to trial in this state Of the case, and he moved
that the trial be set down for Monday next, Toe
tober 4lh,) which was the earliest day that he
could feel certain of being ready.
Mr.. Hall felt bound 10 oppose so long post
ponemeni. He would do nothing TO deprive
the prisoner cf fair trial; but ample time had
been allowed for preparation. The opposing
counsel were well aware that the trial came on
a, this time; while great number Of witnesses
for the People had been at much expense sum-
moned great distance from their homes, and
were now in attendance. They could not be
detained here whole week beyond The time
necessarily employed in the trial but al great
Inconvenience and hardship to them.
! Judge Gridley reserved the question for the
present, but with the right TO the Attorney Gen.
eral 10 renew his motion on later day Of this
week should he think proper to DO so. He
then made brief and appropriate address to
the jurors empanheIed, reminding them OF the
great responsibility resting on them, Of their
sworn duty to avoid all grounds Of bias or pre-
judice on the question which portion OF them
would be called on TO decide, 10 repel all at
tempis to influence them by rumors and ind-
rect approaches as we'll as otherwise He di-
rected them, should any attempt be made so TO
approach one or more of them, to give nforma.
lion to The Court, by whom the offence would
be promptly dealt with.
The case was then dropped, and the CorEi
proceeded TO the trial of civil causes.
| understand from the Attorney General that
he will feel it his duty 10 call up the case again
on Thursday if no good reason is offered for
further delay. Should The opposing Counsel
still insist on delay without further reason, be
will probably be obliged TO swear off the cause
in which case II goes over 10 the next ieEhl
unless by special agreement. | think, howev-
er, it will be tried at this term, and hope CON-
menced this week. The want of preparation
on the prisoners side is deplorable, as every
hours delay will tend TO produce excitement,
and give opportunities to prejudice the jury.
have already heard enough TO convince mo
that there will be some hard swearing and most
amazing contradictions of evidence on this trial
1t will be sworn point blank by persons who
profess 10 have been engaged in the attack on
the Caroline, not only tina. this vertable Alex
ander Mcleod was actively engaged in that en-
terprise, but that he ordered a man TO fire at
Durfee on the American shore, and that, on the
man refusing, he (Mac) seized the gun from the
soldiers hands, and shot Dnrfce dead This IS
but an item; and the evidence will be equally
positive and particular on the other side.
; | shall hardly have any thing new to write
on this subject before Thursday evening. You
will hear from me next at the Agricultural Con-
venlion. H. G,