Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1841-10-14
Trial Of Alexander Mcleod.
CouKr OF OYER AND TERMiNgR, at Utica
Oct. 4, 1871.
Before Judge GHIDLry. Of the Circuit Court
und Judges Wars, KiMBALL JOsEs,
of the County Court.

and Judges WHrs, K,MsALLaLd JoSEs,
Of the County Court.
The Court met ai 9o'clock, and the Coun.
srl on both sides declared themselves ready
To proceed in the trial. The Jury was em
pancllcd und sworn, few who were called
being challenged or set aside.
Willis Hall, Esq, Attorney General, open
I'd The case Oh the part OF The people.
Alter examining the several counts IN the
indictment, aud explaining The leading tea.
iurcs of the case. aud reading the opinioD OF
Judge Cowan delivered before the Supreme
Court in New York, he then called the niten.
ton OF the jury to wha, had been decided IN
the case asd proceeded as follows
"'rhe only question left for you 10 decide
is q question of fact. was the prisoner one OF
the assailing party in the destruction OF the
Caroline. and killed Dnrfce? To that single
point you are limited. The questions of law
have been decided by the Supreme Court.
which you and this court aud al! of Us are
bound To obey, and it is for You TO bear IN
mind that the testimony as to any other poln'
than proving his presence at the scene, ls to
be thrown aside as tending only to cn'barrass
you. The question then II, was the prisoner
one Of the party who destroyed The Caroline!
On this point we will examine numerous
Witnesses, some Of whom say that amongst
those who were uvowcdy oi the expedition
the prisoner has declared he VAS one. We
will show that previous to the expedition the
prisoner was one Of those most actively en-
gagged in getting i, up. That the day before
he wen, To Buffalo To ascertain whether the
Caroline was coming down TO Schosser.-
That he took deep aud active interest 10 the
affair and that on that very evening he was cn.
gagged enlisting persons for the expedition
! That on several occasions he exhibited u
sword. and pointing TO blood upan it, said
that 0as The btood Of q ID lunk~. Our
Witnesses will prove that they saw him go
with the boats Dn the expedition, aud others
that they saw him on his return from it.
Such is the nature Of the testimony show.
ing you what part the prisoner took in the
expedition to destroy the Caroline, in which
Amos Duriee met his death. Little now re.
mains for me, but TO lay down few SIMPLE
propositions, which you will keep IN your
minds in order iha, you may properly Judge
Of The weight of evidence. Having now
stripped the case Of oil exiraneous and for.
cign law, we come to try it by our own law,
as il has been administered since we have
been u State independent of England, and
as it is administered IN England"
The Attorney General then quoted and
cxplulned tho principles and rules Of law
which must govern this case, and said
"Thcy are principles well established; il is
only for you to apply these principles OF law,
and il the evidence brings the prisoner with.
in the full view Of the law, you mus, find him
guilty. Before you find him guilty, you mus,
be satisfied of The facts; lst, that Amos Dur
fee was killed. I'd, that lie was killed in Nj.
agara county. Sd, by pistol or musket shot.
.or a weapon Of similar character. lih that
he was killed by the prisoner. 9Th, or that
he was killed by those he was knowingly
aiding or abc,iing. II either Of these fact.
are cs,ablnhed, your verdict mus, be one OF
guilty"
After The Attorney General had concluded,
he then proceeded to call his Witnesses.
Mr.. William Wells, owner ofthe steamer
Caroline, was sworn, und testified to the cir
cumstances Of the destruction Of the vessel
by party Of armed men, who boarded her as
she WAS lying ot the wharf nt Schlosscr from
four or hve bon,s, and to the death OF Amos
Durfce. Witness had been asleep on board,
was below in the cabin when the boat was
boarded by the nssailan,s,. and had some diff
fcul.y in making his escape. lie was qnes'
toned also ms to the service in which The
boa, had been employed.
On Tuesday the evidence on the part OF
the prosecution was continued. Eight wit.
ncsses were examined with reference to the
circumstances Of the attack, five Of whom
were on board the boat at the time, and the
others at the tavern in Schlosser. The facts
as elected by this testimony were much the
same as those which have heretofore been
before the public; there are but few new par
,iculars. Capt. APpleby, the commanders OF
the boat, is the only one OF these witnesses
who makes any attempt to identify Mcleod
as present. Ills evidence on this point, Al
reported for the Albany Journal, is this:
II | saw the man who made a thrust at mt
with u sword on board the boat a lamp wn'
| hanging two or three feet from the door n
Il that time supposed The man 10 be .ucLcod
H | had been introduced Ia him u few day.
\ previous at the Eagle tavern, in Buffalo;
was examined before u magistrate al Schlos
| ser, The day after the affair; my attention wn'
| particularly drawn To this point; then said
/ though, it was Mcleod, but IT was all don,
so quick, that could no, be certain.
H On the cross examination he added:
II Al the same instant The thrust was made q
Il me, drew back TO avoid the blow; all wa'
| done and the door shut almost in a moment
| did not distinctly mark the features OF ih'
man; do not now say II wns Mcleod.
lie received no injury from the swort
Il lie tcs,ifes farther that since the night %
II the attack he has never seen or heard of |
boy called Little Billy" who had been OF
board the bca,; but on tie cross .cxan'inaiiol
Il il npprcrcd tina, he had not seen hun sine
he boat last left Navy Island.
II These Witnesses agree III stating tha
there was but one gun discharged from tn
II american side that that was discharged aiic
the boats had left the shore in such dlrcc
ton that Durfcc could not have bcon njnrc,
by it. One witness indeed, teslIlics Iircctl,
that he saw The gun loaded, ard that Their