New-York tribune., 1841-10-12
TRIAL OF ALEX. MCLEOD.
Reported for the Tr.buae.
s.,. Day-CIose Of the Testimony.

fine CagolIae; the witness oeia5 called 10 prove
THAT Drown testities correctly that Mcleod ~;
al DAVIS : at g o'clock oi the night % ihe burning
Of The Caroline, so that h cannot hav@ been al
Mr. Morrison's-Mr Spencer objected The
Prosecution have rested lher case and have no"
nor!1h to eive cumulative evidence Respond
ri that the evidence offered Is but incidentally
clmslatlye, and mainly Intended 10 rebui teS''-
mory 10. the Defence impeaching browns state
ment Defence showed authorities SUSTAINING
iheir objection The Attorney General respond
I'd with great earnestneSs and force, coaiending
thar the cases cited are not IN point and ihst the
testimony now offered issrIctly rebuiing, VIZ TO
show that Mcleod, being al Chippewa late on
the evening Of the 2qth could not have been ~
Lieut. Morrson's as testified for the defence
All the evidence hitherto offered to show Nc
Teod in Chippewa that night is strictly rebattlng
to the allegation that he was esewherc-to Wit,
=, RIorrison's Mr ms followed with clear
ness and efficiency on the same side. After
reading long note OF Justice Cowen on the
General subject, few remarks by Mr.. Spencer,
Justice Grdley, in long opinion, ruled ont the
testimony. Messrs Hall and jenkins still insist
ed on their right to examine Mr.. Smith to
tain the story of Drown. Ruled that the evidence
offered must refer directly to the credbIty OF the
witness
Termination resumed Witness is brother OF
the Smith who kept Smiths Tavern at Chippewa; !;
boarded with him on the night OF the 2slh was
called up by him OF the night of the 29th Mr..
Spencer objected TO the attempt to show that
brown had told witness substantially the story
hr has told here about the burning Of the Caro-
line and McLeod's agency in it. Mr.. Hall re-
ped at some length Justice Gridey stated the
points in difference, and called on Judge Denio
for his opinion upon them Judge d. decided
that evidence of the declarations of Drown was
ipadmssible. The offer to show that part of
Browns story was true by Smith, was oyerruled
by the Court Witness saw the boats they
returned from the burning of the Caroline; WAS
at the b.dcOn-lire thinks 1t was between II and
Io'cock three boats came up together, pos
siby four: thinks one fell below and came INTO
The mouth of the Creek persons were contlnu-
.ly passing and repasSlng from the village 10 the
fire some gave the counterslgn, some did not; !;
citizens were not allowed TO pass without; had
no difficulty or interruption IN gong 10 The fire;
had the countersign, but THINKS he had forgotten
or did not give it
Question By M H.H-Have YOU any means
Of knowing tina, Mcleod was not at Lieut.. Nor
rson's between - and that night
IObecled to by Mr.. Spencer, as already ruled
out Mr. Hall insisted with eloquence and power.
Justice Gridley ruled that II the witness could an
swer that he knew the fac, required IN any other
way than by knowing that he was at Chippewa,
he might answer
The Court here took recess for one hour
2o'clocr P. NJ
Fermentation res,tmc5 - Saw the men dlsem-
harl, from the boats after the destruction OF the
Caroline; they came up 10 Davis's and stopped
few minutes before the door; then went away; ;
Inot allowed 10 speak oi seeing Mcleod there
Mr.. Hall next attempted to show by hun tha, ne
saw Mcleod at Chippewa at o'clock the next
morning, being the tlmc hc Is alleged 10 have
been at Morrison's, objected to and o'erruled as
before Mr. Hall proposed tins question, p" DO
you know any place where Mcleod was ho' Al
the timr in question lOhected TO ana over
ruled as before Exception ,aken.l
liy IaR-'' Do yon know that Mcleod was
MOI ,i Norrison's m Stamford at ; o'clock IN the
morniao after the Caroline was destroyed
lOhlected 10 and ruled out rs beiorSl
V,. RqN-" Did Won see Mcleod in ChiPPe
wa at 10 % clock ,ha, morning p Moved |
,biul, did between 10 and | |, going on foot from
D.,.is's tavern north to cross the bridge saw mm
,nere ihc ueNtday also
C,osaesqminfl Lives in Lockpori; lived Ia
Canada in 1887 was sued ang put M lail at Ma
gat. confident rot 10y Mcleod II might have
been mis- brother: believes II the 2Sth that he
saw Mcleod pass the bridge; thinks the Caroline
was DESTROYED ON Friday night. and this was Sat
urlav; had heard Mcleod was wounded IN the at
lair. and so looked at him. j. not member OF amy
secret society has not contributed any thing TO
itce Canada
.Isils c. Dacis, (,worn( Resides in Chppe-
wa; keeps Davis, tavern; did 80 IN Oct. 1881
bunvs McLeod he usually stopped at my h7uS''
1Rc. YlR; Did you see Mcleod Al sunrise the
nornipa after the Caroline Was DESTROYED krLed
out. and exception taken. heured l" o'I ''''
pre-,li8r ni.ht between - ana /; the expedition
returned about -; was al tue ocacon'1Fe u"''' '''e
hoar- f,,n,. ia ,.ht on their roturn. asd commcac
ed barr,bins went directly home soon 10 bed +;
il.rc v7s o,.i,e a noise IN the hgr-roon' did mol
60 IN there did no, see Capt Sears that night; f;
saw Mcleod: he wen; 10 bed a, ny house oe'weeh
. aud o'clock T. NJ, and got up at . OF y l" li''
evening; Went oil toward Niasata
Pinto Smith, (sworn.) Was al Chippewa ihe
nieh, OF the affair, and unt ; the next morning :
[o5iecOons 10 gong on about McLeod.l hnowS
Samuel Drown; never heard his reputation ioE
Truth and ycracity questioned u on thus tFlal
CroSy-crGmined by llr Spencer Did Drown
run away from Canada ;" No, sir, not exactly ;
he wrnr away on account Of a mob or some thing.
To III. HqR-He was my bar-keeper quar-
rel larose in the bar-room; the soldiers cane upon
hi.n hy hol To fly fer safety
Timothy W,aton, (called) totecrion made
to The INTRODUCTION OF new testimony, as not
loprer allowable. Mr. Hal insisted that IN resi-
mo The prosecution he reserved the right to ex-
omioe M. witnesses not then in town. Resisted
but The mare finally decided that witnesses
should he examined he was then called. bn'
could not be found
Juno N Dyte, (sworn) Resides at N'as2Fa
Fails, L. c. Knows Mcleod saw h'In the DAY
after the Patriots left Navy Island a; Siamioto'
harness;ng horse before wagon in'nNS Il " ~aS
opposite Is Lieut.. Morrson's 'oId MN '''' l a.
rots had left the Island.