The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-16

1
| Of the term
Passing from this there is this other consideration
which must strike you IN the outset IT, when Alex
ander Mcleod sued out this commission, and directed
| the commissioners 10 examine persons who had been
in each Of the boats and if in truth he had been pre-
sent there HIMSELF be must be bold man indeed
Because he must have supposed that the commission
ers would either have taken only those who could not
see In the dark whether be there not, that
the men would have been corrupt TO swear false
" 10 extrcate him from the punishment Of his crime
But this is further evidence than is portion
OF the history Of the Transaction and with these views
you are to take up the testimony and ascertain after
solemn inquiry how much credit you should give these
| witnesses.
1t is undoubtedly true gentlemen, that Sears cannot
say, with any degree of certainty that Mcleod was
not on board the expedition It is equally true that
McNab cannot say So although he superintendent the
smbarkallon Of the persons engaged in the enterprise
None but the Allseeing eye could penetrate the dark
ness that shrouded those there associated But,
Then, there lare one or two gentlemen, from among
inmates OF each particular boat who have been exam
| med. Some of them knew Mcleod well before that
time--otheIs became acquainted with him afterwards
some talked with and recognised all their associates
and they all testified that Mcleod was not amongst
them on that night.
Now, gentlemen, il is proper that you should apply
the rule distinguishing between positive and negative
testimony. II is true that where one man swears he
DID see another at any particular spot and period It Is
more satisfactory than when he only say that the
other was not there. But you will take into consider
alton the which would lead you TO believe that
the crews Teach Of the boats have we'll known
each other, and so form correct opinion as to their
credbility when they say positively that Mcleod
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 of the prisoners inno-
cence unless you believe him gifted with ubiquy.
The first witness to piove this is William Press
lie AYERS that he conveyed the prisoner and another
person to Niagara the day the destruction of the
Caroline; that he knows il TO I've that day from the
TACT OF having made an entry of that transaction in
his cash book under that dalethat he conveyed the
prisoner IN the evening as far Stamford lh6way
back to Chppewa-that there prisoner alghted from
the wagon, and went to the house of Capt John Nor
rson.
evidence Of Press and both, may add corroborated
the statement OF Hamilton respecting Reyncocks hav
ing left for Europe before the commencement Of the
troubles in Canada
The family Of Capt Morrison and himself swear |
positively as to McLeods being there on the night Of
the 10Th of December. Captain Morrison states that
ne is enabled 10 fix the day, from the circumstance
that his friend, Col Cameron called 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 eddy below the Falls-that
he told this to Mcleod, whom he found half dressed in
the parlor, where he had sep, during the nghtthat
Mcleod was electrified, 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 Gilkinson that he met Nc |
Leot on the day after the destruction of The Caroline
on the road from Stamfordhat they rode up together
to opposite Navy Island, from which they were fred
on-that one of the balls picked up and handed
to Mcleod, who carried it with him--and Sears you
VIII recoilect, states that on this day he Mcleod
and another person riding along that way, and that
they fired at from Navy Island This testimony |
is corrobora,ed by that of Mr.. Mclean.
This is the aggregate of the testimony, gentlemen,
on this part of the defence The evidence OF the Nor
risons and the declaration of Mcleod on his ex ANNA
ton have been submitted you and criticised by the
Attorney General with great ability. 1.-The has salts
fed you that the Morrisons may have been mistaken
as to dates and in particular in reference to this great
epoch and that the other witnesses corroborang them
may have also been mistaken, then your confidence
IN this portion of the testimony vanishes. But if you
decide on just grounds otherwise then it should l
think be deemed satisfactory in establishing the nno
cence of the prisoner.
Mr.. Spencer then requested the Court to charge |
the jury that the deposition of Col. Cameron coro-
boraled essentially the statement of Capt Morrison
which his Honor did, and proceeded j
But gentlemen, If, even after all, though the prison.
er may your opinion have failed completely in prov
ing an dib yet II he has raised sufficient doubt to
his guilt he is to have the full benefit Of that doubt
The law never divides between the living and the |
dead-never cohsigns any individual to the tomb |
without an overwhelming amount of evidence to prove
the guilt of the accused In this spirit you now
to consider the evidence which have fully reviewed |
before you.
And now gentlemen, my task is porformed. Your |
duty remains to DO done. And it is one of the most |
solemn trusts that can be reposed in the citizen. You
to take this into your deliberate consideration
You are to weigh and decide every part and por |
ton of it. Y GU to call into exercise your best
powers of ACKNOWLEDGEMENTS of rumors which may |
have reached your ears-regardless of every consde
ration except that Of the guiding principle Of justice
and impartlaity.
And when you shall have come to your decision
and declared where the truth lies then with an indie
pendence that will honor you and with the noble in
egrty 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 II has been conductedan your patience IN at
tending to twill be satisfied.
If the evidence will lead you to say that he is gull
ty, then, although your decision should wrap your
country in the flames of war you will fearlessly pro-
nounce it on the other hani it he be innocent you
will pronounce him, regardless of threats muir
nuns or tear Of rebuke and may the God of truth EN-
able you decide according those principles of truth
and equity which the foundations OF the Eternal
Throne.
CONCLUSION.
At about oclsck P. M his Honor concluded, and
the case was then given to the Jury, who retired I'M
der charge OF the Constables, whilst the Court pro-
ceeded TO the despatch of o. her business.
In twenty minutes the Jury returned to the Court
House.
Have you agreed upon verdict, gentlemen of the
jury 7" asked the clerk
We have replied the Foreman
What say you, gentleman do you find Alexander
Mcleod guilty or not guilty 2"
mot GUILTY.
All was hushed and quiet-no excitement visible
any VIII re The prisoners keen grey eyes frightened
up somewhat and taking his ha, and cloak, he slowly
retired with his counsel.
JAMES PHALEN g. co. Managers Office,
en-. y ~.
Nos. 3S sc 50, a Prize of So 500 was sold on
Th,.. IA I, Il. T.ab. D. I