Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-11-06

OPINION as 10 tnelr CreulDlllty Wnen lney
say positively tina. Mcleod was not
amongst them. With this remark, leave
in your hands this portion of the prisoners
defence.
We come now to the proof of an alibi,
which, If sustained, can leave no doubt o.
the prisoners innocence, unless you can be
Iieve HIM gifted with ubiquily.
The first witness to prove this is William
Press. He AYERS that he conveyed the
prisoner and another person to Niagara on
the day of the destruction of the Caroline;
that he knows it to be that day from the
fact of having made an entry Of that trans
action in his cash book under that date
that he conveyed the prisoner in the eve
ming as far as Stamford on the way back to
Chppew a--that there prisoner alighted
from the wagon, and went to the house OF
Capt. John Morrison.
William Stocking was called and corrob-
GRATED the evidence Of Press, and both, |
may add, corroborated the statement OF
Hamilton respecting Reyncock's having
left for Europe before the commencement
Of the troubles in Canada.
The family Of Cap, Morrison and himself
swear positively as to McLeod's being there
on the night of the 29th Of December.
Captain Morrison states that he is enabled
to fix the day, from the circumstance that
his friend, Col. Cameron, called at his gate
early next morning, and informed him Of
the destruction of the Caroline, and gave
him fragment of her ruins, which he had
found in an eddy below the Falls-that he
told this to Mcleod, whom he found half
dressed in the parIor, where he had slept
during the night-that Mcleod was eectrl-
fed, and calling for his horse, proposed to
leave Immediately, but finally remained for
breakfast, after which he went on his way.
Then comes the witness Gikinson, that
he met Mcleod on the day after the des.
truction of the Caroline, on the road from
Stamfofd-that they rode up together to
opposite Navy Island, from which they
were fired on-that one of the balls was
picked up and handed to Mcleod, who car
ried it with hm-and Sears, you will recol-
lect, states that on this day he saw Mcleod
and another person riding along that way,
and that they were fired at from Navy Isl.
and. This testimony is corroborated by
that of Mr.. Mclean.
This is the aggregate Of the testimony,
gentlemen, on this part of the defence
The evidence of the Morrisons and the
declaration of Mcleod on his examination
have been submitted to you and criticised
by the Attorney General with great ability.
II he has satisfied you that the Morrisons
may have been mistaken as to dates, and
in particular in reference to this great e.
pooh, and that the other witnesses corrob-
Grating them may have also been mistaken,
then your confidence in this portion Of the
testimony vanishes. But if you decide on
ust grounds otherwise, then it should
think be deemed satisfactory in establishing
the innocence of the prisoner.
Mr.. Spencer then requested the Court
to charge the jury that the deposition of
Col. Cameron corroborated essentially the
statement of Capt. Morrison, which his
Honor did, and proceeded:
But gentlemen, if, even after all, though
the prisoner may in your opinion have fail
ed completed y in proving an abb, yet if he
has raised sufficient doubt as to his guilt, he
ought to have the full benefit of that doubt.
The law never divides between the living &
the dead-never consignes any individual
to the tomb without an overwhelming a.
mount Of evidence to prove the guilt of the
accused. In this spirit you are now to con-
slider the evidence which have fully re.
viewed before you.
And now, gentlemen, my task is per-
formed. Your duty remains to be done.
And it is one of the most solemn trusts that
can be reposet in the citizen. You are to
take this case into your deliberate consid-
Grafton. You are to weigh and decide on
every part and portion OF it. You are to
call into exercise your best powers of judg.
of rumors which may
have reached your ears-regardless of ev-
cry consideration except that of the guild
ing principle of justice and impartlalIty.
And when you shall have come to your
decision-and declared where the truth
lies, then, with an independence that will
honor you, and with the noble integrity that
your country expects you to exhibit, you
will pronounce your verdict. And then |
trust that all who have witnessed this trial
the ability with which it has been con-
ducted-and your patience in attending to
twill be satisfied.
If the evidence will lead you to say that
he is guilty, then, although your decision
should wrap your country in the flames OF
war, you will fearlessly pronunce it; on
the other hand if he be innocent you will
SO pronounce him, regardless of threats or
murmers or fear OF rebuke. and may the
God of truth enable you to decide accord
ing to those principles of truth and equity
which are the foundations Of the Eternal
Throne.
CONCLUSION.