New-York tribune., 1841-10-08
THE MCLEOD CASE.


tion. II So it IS probable tha, the defence VIII De
closed this week Tadsed, there Is some promise
,bar ,he prosecution viii close their testimony cary
,bjs evening. the Judge a write. al hall past ..
-,yiBs notice that he shall call evening sessions
,,,,;l ,be ,ria i. disposed OF. which he hopes VIII
~ BIZ Saturday. Ga no account, II It eend pos
.iblc be helped. he hiss said. would he have the
rial 90 over Sunday next. The Attorney General,
, ,,o,oa,t or TWO prior TO this. also gave notice
ina, he should close with MS witnesses 10 uor'o"
forenoon. The evening session, II i now hoped
will dispose OF all OF them. An sttseh"en' has
hoo, .enr our for number who had not come IN
and one or two witnesses for the prosecution II
ba, been said. have r,ade their escape. Among
,b,n have heard OF one who said he entered the
boa, with Mcleod st Chippewa Creek upos the
night Of the ooh of December. This witness also
further testified that he saw Mcleod climb up the
nil. o.. the Csrolne-tha, h. asked him to IRE al
Dnrfee when Durfee was on the whart-'na' ne
The intended witness. declining to do 80, Mcleod
took the gun from his hand and deliberately shot
Durtee down. This man made HI escape some
da,. since. and the Sheriff, have heard returned
from o.wego this morning with information that
he could no, lind HIM The testimony elected to-
iav Won viii .ee. is very important. The most ma
,erial witness save one declined TO the i'm
portant Observation-Disclosures he aided 10 'et on foot
an expedition again<, Duriee whether he knew
BENJAMIN Lett whether he dii secreie him or
mott All would have been proved upon him. il, j.
said. and much more, il he mad answered. But
ayain. himself of the privilege OF not giving tes-
t,nony which would convict him a violating the
laws of the State and the Country. he declines to
answer.
Another witness for the prosecution swear'
strongly as to the prisoners participation in the
decd of blood and murder connected with the de-
.,ructiou OF the Caroline This was Parks, and
this morning man. who Processes TO know much
more. comes forward and nuiiites all the testi-
mony of Parks by giving state OF facts altogether
iiieren, connected with the parties aad boats en-
Gagged in the Decentralization. tbs hour Of twelve
to-day was the darkest one for the prisoner since
the commencement: Of the prosecution. This even
ing the signs of acqrittal are much more favorable
as the tacr OF his presence on board the Caro-
line is not yer proved or attempted TO be proved
and as his participation in fact is matter OF great
doubt, ard cu,anglcd by the greatest and, in one
or TWO instances. the most absurd contradiction; of
his boastiug that he was on board thc Caroline.
there Is not so much doubt and in the minds Of
many not any doubt But the witnesses testi-
mony is in a grea, measure impcached, from the
fact that they who remember Mcleod in word
and person 50 distinctly. seem to remember no
body else or any thing else connected with the
Caroline.
During the sitting to-day there has been some
spirited sparring between the Attorney General,
Mr.. Hall, and the Distric, Attorney, Mr.. Spencer
The former fought ,kiI.fully and fairly to resist
certain evidence. He argued that it was inmate
rial; this had no effect with the Judge and opPos'
ing counsel; that it was irrelevant, and this had
no effect; that it was nadmisslble, and this had
none whatever. Once, twice aud thrice it wa
contended that the District Attorney was seeking
evidence tor another forup,--ior use elsewhere
FOR his purposes as an officer of the General Gov
ernment.
Mr. Spencer repecd the insinuation in rh'
twinkling of an eye seek, said he, to bring
forth only that testimony which Is Legitimate an,
applicable to the case before US / am but coun
sci OF the prisoner upon trial for his lie. | an
here in no other capacity. The insinuation, there
FORE, thnt seek testimony Tor other purposes Is nm
called for and unwarranled lbelieye that the prs,
on, l.. innocent Of tue charge alleged against him
anl before the end of this trial has come his nno-
cence wiil be proved to ihe world When, there
fore witne-se, are summoned here hostile to him
hostile 10 the country of which he j. q citizen, eli
listed in movement. against him, wishing his con
yiction for this one purpose that may graiy that
other worst OF feelings. the desire TO see two
countries al war-when ! sec and know this,
should be recreant to my own duty not TO expose .
such . witness the one upon the stand and such
witness A. wilson who was examined this morning.
The Attorney General briefly reioined and the
questioning w5.s continued.
The important witnes. sworn thi. evening Is Leon
ard AMOR, Of the Falls HI states that he heard
Mcleod boast at Chippewa On the 29,h Of De-
eember. that he had killed ID Yankee
and saw lin hold aP a sword. rae handle Of which
was bloody. He was with party, all 6f WHOM
were Boosting OF The shedding Of blood. This
witness is upon the stand a. close
J7 After the false charges low shutting AID ma
lgnant aspersion, Of the tender foI the Jonathan,
that print ean hereafter entirely monopolize the
discussion touching murder articles. We content