Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1841-11-02

Ledger It brief sums up the yOlGmlnous testimony.
CHARGE.
GESTLEzEN oT TIM JuRT
congratulate you your length arriving at the
stage Of this long proraced tria After your pa
.ence having been drawn upon for days in listen
ing to the trial. and day and half IN hearing to
the arguments Of counsel you have at last arrived at
that period where you called on TO discharge the
last and deeply solemn duty which devoves upon you.
congratulate YOU, also upon the auspicIous ccumsen-
under ch approach the performance OF this du-
".
We know is true. that deep and fervid interest is
felt in this throughout the entire land we are also
aware that portion OF the public press has from the COM
nencement of this controversy eemtd with infammaory
and pas,ionate articles We have likewise heard of pop
uar connections IN various parts OF the country where the
Indictment against the prisoner found Su though
those disturbing influences may prevail elsewhere
Al least that they have entered the solemn temple
Of Justice 1.-THE Of excited popular feeling have
swept along other quarters they have not reached the
portals Of this building consecraed Is To the faithful
OF that justice TO which the people and the
prisoner alike appeal
During the proceedings here IL also be remarked
we have attentive auditors in the persons loyal
subjects Of Great Britain, who long since
IN defence Of their SOIL and the other hand, had
the presence OF than distinguished the
scenes Of blood and suffering connected with
abortive attempt revolution IN the Canadian Provinces
vet these individuals well others who have been pre-
sent have been deeply interested auditors and spec
heard-not single ebuItion Of excited feeling has escaP
ed
All has been quietness and good order, and signal
proof has gwen that here the spot where justice
can be purely administered and that here # where
else the decision upright, intelligent and honest u
~ will be acknowledged sovereign and supreme IL Is
der these suspicious circumstances that invite yon, gen
temen the questions connected with the great and I'M
pOrtant
Allow me to offer a single additional passing remark
and that this order appreciate properly the ques-
tons on which you pronounce your judgment, It will be
necessary you should keep your minds entirely
embarrassed by the consideration Of other matters which
have in reality nothing whatever do with the merits of
the
The counsel on one side and the other it their
,lniy and right have presented such arguments and dis
cussed such topics they deemed likely the
teress of the parties whom they represent But the tbu
nal which tries has also duties perform, altogether diff
erent from those incumbent the advocates entrusted
with the interests of those who placed at Its bar The
case Of this prisoner gentlemen, may simply say Is To
he tried like that OF any other person indicted for the
offence.
The first question is has any murder been committed
and the second question isis the prisoner at the bar gull
" al that murder
On the first question gentlemen the Supreme Court Of
this State as YOU have already learned during the pro-
gress Of the trial. have passed Their authority Is bind
ing on YOU and We sitting here To dispense
,ice In the Circuit Court and must be governed by the
decision of that superior tribunal which has sent down
this issue he tried here. That then Is no longer an OPP
question. but audcated one and with YOU have
concern.
The circumstances out Of which this Indictment origin
atcs are briefly these In December 1887 body of Ca
madam refugees and American citizens occupied Navy Is
land-fsrted themselves there and opesed canuonade
upon the Canadian main shore where $500 5000
men were assembled to protect their territory. AID was
offered To these occupants of Navy Island by certain nd-
vdu,ls IN Buffalo aud William Wells, the of
the steamboat Caroline for the purpose Of promoting bis
own interests he before had the steamboat
en-, from the ice in Buffalo Creek. and the
morning of the Goth of December-the fataI-tha boat
made her first trip from Buffalo SchcsseT touching
NAVY Island; aud that after that, tie day she
made two Trips 10 NAVY Island from SchlosseT-hat
was instrumental in carrying armed men-arms-rrovI-
.ions-and one piece of ordnance to Navy sland.
Farther than this does appear that the Caroline
was instrumental IN promoting the interests OF the occu-
pants OF Navy Island. Now the colonial authorities OF
Canada saw fit regard this boat portion of the ar
nament the insurgents, and resolved To destroy her
~, Allan McNah the commander of the Provincial for
ces at Chippewa ordered volunteers to embark IN boats, OF
which five reached the Caroline, and from them she was
boarded whilst her peaceful occupants were asleep IN their
births and with cutss>es, boarding pixies and firearms
the attacked party chased the persons board woundng
killing and whether Others experienced the same
fate we know then having set hre TO the boat the
attacking party sent her over the Fails
This the history Of the transaction so lar as
= necessary for Won 10 consider for the purpose OF un-
Outstanding and disposing of this The acts have
described held by the prisoners counsel to have been
excused the individual performing the lOI the Ieasoh
first because these authorized, and secondly
because done in sedrence and again because the whole
transaction has already become the subject oil negotiation
between the two governments, 10 deprive the court
OF jurisdiction the offence.
These arguments have been laid before the Supreme
Court and that court after great research and deliberate
consideration pronounced that this act of toe killing OF
Durfee although performed in the prosecution OF an en-
erprise like that have already described was murder
and IL follows then gentlemen, that all who were engag
ed In IL are guilty of offence, and Is not neces
.ay that the Mcleod should have stuck the fata
blow to render him guilty. Enough that he was engag
ed with others in that enterprise. This question then
To be excluded from consideration 1t has II IS true
been dvet on by the both sides IN their open
ing addresses and during the progress of the uia re
fer To IL however inform that 1t has already beer
sdjudIcated on and Is set at rest
Then comes the question. the important question or
which Won are 10 pass-Is Alexander Mcleod guilty o
murder The counsel for the people have presented
MANY witnesses before you the tendency of whose esti
mony has been show that the prisoner guilty and
order gentlemen, that understand anu approea"
this testimony, shall briefly place reviewed before you
shall divide into two casses-the hTst oranch emofaC
ing the direct and circumstantia evidence other thar
that arising from confessions connecting the prisoner viii
this charge-the second class Of evidence will consist en-
trelv Of confsssi
The first witness, who has testified before you Gi
man Appleby. He is the only witness who on boar
the boat the time Of the attack he the captain
the host-he slept in the genilemen's cabin-he wa
awake little before midnight, he thinks BY information
tina, there bos,s approaehinghe and partial