Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-10-27

I cumulative testimony ana tile poIbl Was afsgtH
on both sides
The Attorney Genera offered 10 prove by this
witness The same facts winch had been p.o by
| Drown, a witness the par, Of the People
Mr. Bradley o. lected To this testimony as being
cumulative merely, and that II could not lie Ie-
iceised after The sIdence on the part o! The de-
! PENDANT had been gwen.
/ The Attorney General IN reply. said that the
Testimony offered rebaiing tesiimeny as well
as cumuiaiIve-c ontradictIng The proof as II The
ai,ti and The courts IN this Stale had never heid
To The slrictuess Of The rule ldi down IN The In.
ellsh hooks The testimony offered Is t" a COLA
ierai fact. witness ~ entirely Inconsistent WIN
the facts attempted be established by the tCsii
mony Of The defence.
/ Mr. Spencer SAID IN sustaining this Of jcclon
we may property advert II tie proceedings ia
Ibis cause. We apriiscd the party Of our otJec-
ton before the People rested II
The Judge interrupted Nh. Spencer, and deer
dcd, after piiulatng the authorities. HAT the
evidence could not he recei, ed. The rule, he
remarked. had been literally more sirictly nd
Ihered to England. The testimony tfered was
very material for the prosecutions IN order To con
meet Mcleod with tic destruction OF :he Caro-
line. l. is very important To show that the parry
embarked from Chippewa. and diseinharked nj
the same place. Down, The witness sworn. s,n'
les ,hat he saw Mcleod disemhaTk and also al
D4sis's cru, the next morning: and he sw ears
iha, Plan Snlih with hiut. The witness "
red. In order to rehnt the dtit nGants c,I-
hence II rs proposed 10 show by Smtth the s;ta.,"
facts which Drnxn swnre 10. Tna evidence l.
! rcci To sapp ri The charge an HE par; 81 the
, people and - ,nadmiSsIh!r tar tho that u
belongs thnt par, o. iho case which aust tc
proved the FIRST instance on the part OF the
pres scuiIon-lhc learned Jadge at considerable
4 length continued las remarks.
Tbe Attorney General remarked that il this
= testimony was excluded II would not be sat!Siac
tory the Public
! The Judge regretted such remark lie said
ne should decide the law IA he believed Ii to he,
without regard IN the opinion of others; md III
h 9 he should exclude Tie r''i,''oo n'ssed
The Attorney General then offered TO prove by
j, witness what Drown. before the arrest Of Ne
Ieod and immediately after the burning of the
, Caroline, made statements similar TO the enc h
= has sworn to-
y MIR. Spencer OF iee;ed to this-citing IS Wen
:, dell. 80 Roth IS Hacklcy--and read The opinion
: OF Justice Bronson that case, hich was
: I>tmi!ar question: who decided that the ties tnun5
4, could not be received. except under special ca
!, eu,nstauces which did not exist IN The case lie
- tore the court.
;" The Attorney General endeayorcd 10 show
hat his olitr was within the exceptions, bu
u Judge Grldiey excluded tho evidence, us coming
!, within the decision IN Wendell.
{. Af,er this decision the examination proceeded
Witness knows Down. Was called up h.
. Dawn on The +" shi ~" raroi,ne was DESTROYED
= (lIere another ct jecion 10 the question pro
: The Attorney General then offered to show, D,
he same witness. that Mcleod Cnippc
ga i, ) o'ctock IN HE morning, At breakfast.
!, Judge Grdlev coded that, ths fact hae
. been gwen IN evidence the part Of the People
! 70 sustain tho prosecution, they could not nos
= give this evidence i, comes within the authoTi.
+ tc- rs lad down IL Cpwen and Hills notes.
= The Attorney General then proposed 10 asl
& his question: DO yol know here II sLcod wa:
not between O'Clock and Iuriso on the tno-
Ina, # ne 40 IA I1eeCr4ftpr. 1887 -
Al JUDGE CridlcY rcInnrkcd that this in sub
e stance The same question, and could not be re
n eek Cd.
;, = The Attorney General then proposed to ask
=, Do wa know that n, Leod not at Morrison,
: o'giack in the morning after the destruction
Of the Cas,Iine?'
:, The Judge remarked that if the witness was
10 prove that Mcleod was at Chippewa Mt thai
Il tille II the same question IN substance, and
. The rule could not be cvaded by any such Ingeni
. ous device.
Examination resumed The charac or of Drown
IL good for ycracttS: the boats as ihfy re
turned from the burnIrg OF The Caroline: he was
; + NJ The beacon lights: thinks IL was between IL
A ami O'Clock hen The boats came up; tire
came % / cetter It ui1gh, he four; one fell bell "
= ,ho ca, and came IN afterward; he tho bnnl
= c4ll below and heard that II came mp: here was
,r difficulty IN ners"ns passing at The Tine from
: the village t. tho heac"n ghf. aud others from
hnvc came dow n VII gers cenld pass hy saying
.hcnce they came he had the countrrstgn. bun
. n does not rec collect whether ne used it.
S w the party GENE III, and they dispersed IN
a few minutes. They stopped IN trent 81 ID .,I-'>
, hnn<c. and spoke Of the boats; some IT them ak
. % whether thev should 90 III or watt HHitl th'
other boats caiae up. Whir witness remained
= the other boat did come mp Saw the prisoner
cross the bridge within an hour at ten; he Wa
. gong from MS tavern. Stys he was gong
II !own he ritcr; he going III a direction from
. he quarters Of McN,b. Stw him the next day
: near The gnard house three quarters Of fnIic a
hove the village, not far from IL O'Clock; be pass
ed up the river horseback with one or tat
: more.
Cross-erd77;nca by ifr. Spenccr.-ln 1887 he
4 lived Canada; he often saw hlcLe"d: " hIie a
! Chippe.a he. witness. sold draft for $500 OF
;. Albany, which came back Protested, and he was