Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-10-15

counsel have enjoyed all the advantages whleh pefiecl
knowledge of the whole case, from beginning 10 eno'
could afford whilst we have oeen Kept Ill Pfoouho "
norance of theirs :
Yes had they enclosed the case III the hecntomos OF
Egypt it could not have been more regously concealed
,m our view None Of the new witnesses who are re-
lied on sustain the prosecution went before Tue uraha
jury There may be few exceptions, but believe
nv assertion Will be found correct And permit me
10 add that in my judgment if this case were urea
as often the changed, new witnesses couo "
found 10 prove the Gs strong as II mas nee"
presented on this trial. But the commissions nave
been returned and the evidence will be reao oeio y
With a great deal of pains and perseverance NY
respected colleague succeeded IN hndihs sumo "e"'
more or less, who were on board cue" " w '''
which formed the expedition asaihss ,"e s.;,:
.puaIve or so of our witnesses are ot this oescpo
E,s, m The mart of the defence we have Col. mcNao,
who proves the issuing of the orders 10 Cap'' De~'
the individual who had charge oil the cxpedton. eoi'
Nab states that the expedition, when planned, was
nroG,und secret unknown to any except himself and
On. mr. two confidential officers. The party co'ectea
nm the shore and board the boats ana theh tue
nnrnose of the expedition declared when The party
was on its way to accomplish its object
There Mr. Hall said he rested
MIR Spenccr-ls The understanding that no testimo-
nv excep in reply 10 US be brought forward for the
prosecution :: a Gail,
MIR. Spencer felt unwilling 10 open a. "a' az. 49,,
hour but the court, by reason OF The long lime 'he
trial had occupied, and was likely still TO occupy
messed the opening for the defence before adjournment
Mr. Spencer quarter past ), rose and conmehceu'
and was still speaking when the cars slai'ea TOT Tue
East
Wien the expedition returned, Col. McNab ordered
LET of all the men engaged in the expedition to be
made out, intending To bcsow upon them so'ne ''''N
of appreciation for their hardhood ana successiu' eo
duct Of the expedition. And here let me say "d,
however we NAV regard the transacuon the fr"fhc'a
Cnvernmen, Of Great Britain looked on that act us
oallon, achievement But whether they rlshtlniiy OF
wrongiully appreciated the undertaking. - Peip9"y
rent to u.s. To return, however; IN e i's's '"S
made out, the name oil McLeou, e''iet 1
Aurusus, does not appear
Col Me Nab also says that he was on the shore whcn
the expedition embarked, and tha ne ola not see NC
leod whom he knows most intimately theh every
boats crew were acquainted win each oher' anu 'ey
r.s,ec,velv testify that Mcleod was not among them;
M = as surely likely that the members OF every little
nartv will know each other This is in substance The
evidence which have taken on commission, ana lhnl
will be first laid before you IN our defence. lou WIZ
listen 10 that reading with attention. although 1t may
not be satisfactory as the evidence OF witnesses "h"
would be before you personally.
But we will also produce before you living witnesses
who will speak of what they know. By MI naini
ton we will show that the Reyncock OF whom " ilson
spoke as being present with Mcleod between ,he On
and 18th oil January, absent in Europe, and could
not possibly have been then present at the place ana on
the occasion described by Wilson
With respect to Lumby, we VIII snow you ud. d
short time ago letter received BY The Postmaster
here from a gentleman of responsibility IN Hart'h
county Pa who hearing of Lumhy sin,eniion to come
here as witness, and knowing his character "to'e
warning to his worthesSness ana act'h3 on ''s W.
formation, wrote to two worthy ci'izehS 'e', W."
have come here TO speak of Lumbys character. ms
Jumbv Won recollcct is the fellow Who sold his load oil
hay and went to get payment before daylight from Tie
Commssary.
We will then show you, gentlemen, that Mcleod
was at Chippewa, in DAVIS tavern on tNe Gay VI we
th1f he or tO W.,
"a he was fatgued having been one OF the party VINO
rowed round Navy Island lie remained IN bed TIL
sundown, when he rose. We will then show you that
he went in company with MIR. William Press, heh Nv
ing at Niagara and keeping The "Hanton fionse,
in Hamilton, Canada, and in llis company Mcleod lett
Davis, tavern and rode to Stanford about five miles dis
tan in very bad state of the roads, where he got OUT
OF his wagon concluding that he would tarry over n5ht
with Captain John MORRISON retired BRUSH olieef III
Canada. .
lie left Chippewa in company with Mr.. Press alter
dark on that day. Well, he got out aud went into
Capt. Morrisons, and wc will show by that gentle
man evidence that Mcleod came to his house; ihat
they sat and conversed till about midnight that then
they retired TO bed that he Captain horrson) rose
early in The morning, as was his custom lhat MIS-
Morrison arose; and their son. little boy OF years OF
ore that the lad went down TO the gae III front OF the
house.
they passed and asked the lad to call his tather-tha
Captain Morrison went down and there found some
one whom dom now remember, with Colonel Ca
mernn who lives at Toi"n,o aud 20 al eiaeiy se"
tleman and is not able to be here. That these gentie
men asked Morrison if he had heard the news, and on
receiving his reply in the negative, they TOLD nun OF 'he
burning Of the Caroline, and gave hun as trophy
fragment Of the boatwhch they had iound IN an eduy
below the falls
Captain Morrison returned to the house and found
Mr. Mcleod at his toilet, and 10 him he told the intel
ligence he had just received. Mcleod wished TO go
immediately but was prevailed on by Mrs MORRISON
remain for breakfast; Mrs, MORRISON w,li snow
this. and also that Mr. McLeoos boots, which had
been wet, were placed at the kitchen lire, where they
remained all night, and in the morning were put on
dry by him. Mrs. Morrison also, stepdaugh;er, be-
lie.e of Mr.. Morrison is also here; she is an nteil-
gent lady, and will corroborale the testimony Of her re-
lations
To recur TO the testimony of Press to show that he
cannot be mistaken in the day. he says he vas at GIMP
pc W but once that winter He lived Niagara, where
he kept public house. and he says that he took III pas
sengers from his house that day; that their names are
on his books and the compensation he received from
them entered his cash book, under date OF The 2t
December But, further, he will tell you that he heard
of the destruction Of the Caroline on the next day,
about 10 ocock-thus fixing, beyond all CONTROVERSY
the day on which Mcleod in his company.
We then take Mcleod from Chippewa early in the
evening to Captain Munsons, where he passes the
night Then IN the morning he rode TO The Pavilion at
The Falls, and during that time we have no evidence
that saw bim-but al the Pavilion he fell in company
with person who is here-an officer OF the Provincial
Government, and from the Pavilion he rode with Nc
Leod to Chippewa conyersng about the destruction OF
the "Caroline, and they reached Chippewa ABOUT OF
10 o'clock and then rode up the Niagara river to where
Capt Usher lived gentleman who was murdered
n, his own door-and while their journey they were
fired on from Navy Island ball falling directly at
the edge of the river, which was handed TO Mcleod
when he was returning.
Shortly after leaving the Caroline, they met gentle
man who also is here-Mr. Mclean of New York, who
had spent the previous night at Chippewa aud in COM
pauy with another person residing down the Niagara
River towards tie Falls, where they met Mcleod,
whom MIR. Mclean well knew aud had seen in Buffalo
n few days before, when Mcleod was there
Now, gentlemen Of the Jury, this evidence Will be
laid before you, and question if it will be al all neces-
sury FOR you embarass your minds with The examna-
ton Of the prisoners question 10 whether murder
was committed by any one, but that on the contrary,
You will be reoced TO find that you can return yer.
dict that the prisoner not guilty because he bad no
participation in the matter. know il will rejoice your
hearts rs il will those Of all true American citizens,