Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-10-20

ed, Judge GRrDLEr rose and delivered to the Jur
the following charge;
Gentlemen Of the Jury: | congratulate you o
you At length arriving ut the present stage OF thi
long protrIcIed trial. Alter your patience havin
been drawn upon for six days IN listening To IN
tril, and u day and n h,lfin hearing the argume nj
of counsel, you have at last arrived that pcrio,
where you are called on to discharge the last ant
deeply solemn duty which devoves upon you.
congratulate YOU also, upon the suspicious clrcum
stances under which you approach the Performance
of this duty.
We know, it is true, that deep and fcrvd into
rest IS felt IN this case throughout the entire land
We are also aware that a portion ot the publ,
press has, from the commencement OF this contro
vorsy tcemrd with ind immatory and passionat,
articles. We have likewise heard of popular com
motions IN various parts Of the county where the
indictment AGAINST the prisoner fnonJ Sdl
though these disturbing r 1ucnces may prevail else
where, an at least say that they have not en-.
tered the solemn temple of Justice. II the wave,
al excited popular IeSIuG have swept along in other
quarters hey nave reached the portals of this
building, conSCcroted It is TO the faithful admin.
istraion Of that justice To which the people and the
prisoner alike appeal.
During the proceedings here, it may also be re.
marked, we have attentive auditors IN the
persons of loyal subjects OF Great Britain who not
long since IN IN defence OF their soil; and
on the other hand, had the presence of more
than distinguished actor IN the scenes of blood
and suffering connected with the recent aboriIye
attempt at revolution IN the Canadian provinces,
vet these individuals, as well others no have
been present. mast have been deeply interested au .
ditors aud spectators Of what has occurred; not a
single muTmur has been hcard-not a single ebulli-
ton OF excited feeling has escaped. Al has been
qulctness and good order, and signal proof has
been given that here is a spot where Justice can be
purely administered anu that here, # nowhere else
the decision of nm upright, intelligent and honest
jury, will Toe acknow LEGGED sovereign and supreme
IL . under these ausplcious circumstances that
invite your attention, gentlemen, to the questions
connected with this great and important case.
Allow me TO offer a single additional passing re
mark, and II is this In order to appreciate proper
ly the questions which you are to pronounce
your Judgment, il will be necessary that you should
keep your minds entirely unembMrasscd by the
consideration OF other matters which have IN roai-
~ nothing whatever 10 10 with the merits OF the
clse
Tue counsel on one side and the other as il was
their duty and right, have presented such argu-
m,nls and discussed such topics as they deemed
Likely the interest OF the parties HON they
represent. But the tribunal winch tries has also
duties Perform altogether different from those in
cUmucnt on the advocates entrusted with the in
terests Of those no placed its bar The case
of this prisoner, gentlemen may simply s,yr is TO
be tried ike that Of any other person indicted for
the same offence.
The FIST question is, has any murder been COM
mi.Icdl aul the second question IS, is the prisoner al
the tar guilty ottaat murter2
On The iir.t question, gentlemen, the Supreme
Cour, OF ihis Sat, you have already lea med
dur ~ the progr. o.; me trial, have passed. Their
authority Is trd.gg on you and me. We are sit |
tiEs here 90 "a pr-s' stce IN the Circuit Court,
AMI must be governti Uy the decision Of that su-
peor ,rtbIua which hl, sent down this issue to be
tried here. That, then, is no longer open quCs-
ton, but ndjudcated one, and with It you have /
no cOncetn.
The circumstances out OF which this Indictment
originated briefly these: la December, 1887,
body OF Canadian refugees and American citz, ms |
occupied Navy ls.7pd-iurIlhgG themselves there,
and opened cannonnde upon the Canadian main /
- an Al
bed to protect thsr territory. Aid offered TO /
these occupants OF Navy Island Ivy certain iucyl /
dua's in Buffalo; and one William Wells, the own /
er OF tho steamboat Caroline, ior the purpose OF
promoting his own Interests, he swcars before
you, had the steamboat cut out hum the ice where
il Ivy IN Buffalo creek, aud on the morning OF the
% Of DecCmbeT-NC tItl. mo. uIng-tIAt boat
made her st trip from BatiIlo to Schusser, touch
ing al Navy Island; and that after that on the
sane day, she ''.dc two trips TO Navy Island
from Schlosssr-that It was instrumental IN carry.
ing armed men, arms, provisions, and one piece Ut
ordnance 10 Navy ls.H'd.
Furihe. than TINS 1t does not appear that the
Caroline was instrumental IN promoting the interests
of tine occupants of Navy Island. Now, the coonil
authurltse m Canada cav m to regard this boat as
portion OF the armament OF the insurgents, and
Teso we'd To destroy her. Sir Allen McNab, the com
manicr Of the provincial forces at ChIppewa, order.
cd volunteers to embark in boats, of which five
reached the Caroline, and from them she was board
ed, whilst her peaceful occupants were asleep is
firearms, the attacking purity chased the persons on
board, wound'ng some, killing one, and whether
Others experienced the same fate we know not; and
then, having set FIRE TO the boat the attacking party
sent her over the falls.
This IS brief history OF the transaction, so
fr as 1t Is necessary for you consider for the
purpose of understanding and disposng Of this case.
The acts | have Described are held by the prisoners
cou sci have been excused IN the ndlvi1ual per
forming them, for the reason, FIRST because these
rcis were author Zed; and secondly, because done
IN Scl!-deftRce; and, again, because the whole
transaction has already become the subject ul ne.o
tia'iDn between the Two Governments, so as TO de-
puve this court OF jurisdiction over the fence.
These arguments have been laid before the Su-
preme COuU, and that court, after great research
and deliberate consideration pronounced that lh's
nc, OF the killing Of Dufies, although performed IN
the prosecution O! an enterprise ike that have al
ready described, was murder; and 10 follows then,
z ntemtn, that all who we're engaged mi, are gull
ty Of the oeucei aud j. is not necessary that
the urm OF Mcleod should have struck the fatal
blow 10 render him guilty. Enough that he was
engaged with others m that enterprise. THIS cues
ton, then, to be excluded from your consIdorn
ton. j; mas, II Is true, been dwelt on by counsel
on both sides, IN their opening addresses and during
the progress OF the r!,i. refer 20 IL however 10
inform you that II has been already adjudiea,ed On,
and IS sci at rest.
Then comes the questionable important qpes
ton, on which you are TO pIss-Is Alexander Nc.
ICyd guilty Of that murdcri The counsel for the
People have vrcssntC many witnesses tCiore you,
the tendency Of whose testimony has been 20 show
that the prisoner Is guilty; and In order, gentlemen,
that YOU may Understand and appreciate tins ies,-
mony, / shall briefly place !t reviewed before you.
1 sh,Il divide u into two clsses-thC FIRST branch
embracing the direct aud circumstance. evidence,
other than hit sing r ON confessions co0uCcgins
the prisoner with ths charge, the second class Of
evidence will consist entirely Of confessions.
The first witness, gentlemen, who has testified
Irfo-r you is Gilman AppIoby. lie IS the only
witness who wasun board OF the boat at the time Ol
attack be WIS tie Captain OF the bost-hc slept
IN the gentleman c1Uin-hs was awokc a lutte be.
fore midnight, os be thinks, by information that
there were boats upp. O,chmg; ho arose JnI par.
italy dressed, made ms way up the stars u.i be
found his further progrc.g arrested, Le returned,
bot again returned, AID had opened The door about
"a foot when % was violently pushed open by some
ono outside who then nude plunge az him with
gvo,d, which glanced along two Of his vest but.
tons ond struck against the metal button OF hls
piunloons.
lie was considerably excited, but in that monen-
tarv glance he saw the features Of he man thus
attacking him, and bis impression then was that
the individual was Alexander Mcleod; bot wi 10
all crmmeudlble prudence and cluiIo1-ipr whsn
honor hiu-lhs witness sny8 th1f, amid the lgi-
talu Of hist moment ami M tuut hasty 'ancs which
t,a.gt I'D tho twinklug Of nm eye, he crnnot say
80 was Mel. eod. ile he'd once before seen the
missioner in B ,fTllo, and D. struck him 40 The time
that his appearance was similar to the Individual
WHO thrust nc him, but II WIS only one hurried
.,r-rrr aod he Immediately replI.d 10 the question