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


have been more vigilanty concealed from ou
view.
None of the new witnesses who are relied on Il
sustain the prosecution went before the Grand Jury
here may be a few exceptions, but believe my as
seTtlon will be found 10 be correct And permit me IL
add that, in my judgment, if this case were tried as
often as the moon changed, new witnesses could be
found TO prove the case strong as II has been now
presented on this trial. But the commissions have
been returned and the evidence will be read befoie
you. With a great deal of pains and perseverance,
my respected colleague succeeded in finding some men,
more less, who we've on board each OF the boats
which formed the expedition against the Caroline.
Twelve of witnesses are of this description.
First on the part of the defence, we have Colonel
McNabb, who proves he issuing Of the orders to
Captain Drew the individual who had charge of the
ex petition. Colonel McNabb states that the exp edi-
ton, when planned, was profound secret, unknown
to any except himself and two confidential Off.
The party collected on the shore, and went on
board the boats and then the purpose Of the expedition
declared, when the party was on its way to accom-
pish its object
When the expedition returned, Col. McNabb order
ed list OF all the Engaged in the expedition TO be
made out, intending to beslow upon them some mark
of appreciation for their hardihood and successful
duct of the expedition. And here let me say, that
however may regard this transaction, the Provn-
cial Government of Great Btain looked on that
gallant achievement But whether they rightfuy or
wrongfuly appreciated the undertaking perfectly in
different to US.
To return, however, in the list thus made out the
name OF McLeod-either Alexander or Angus-does
not appear Col. Nc Nabb also says that he
the shore when the xpedon embarked, and that he
did not see Mcleod, whom he knew most intimately.
Then every boats crew was acquainted with each
other, and they respectively testify that Mcleod was
not among them. And il was surely likely that the
members of every little party would know each other.
This is in substance the evidence which have ia
ken commission, and that will be first laid before
you in our defence. You will listen to that reading
with attention, although it may not be satisfactory
the evidence of witnesses who would be before you
personally.
But will also produce before you living witness
tho will speak of what they know. BY MIR. Ha-
rton we will show that the Rayuock of whom Will
spoke as being present with Mcleod, between the
9th and 18th January, was absent in Europe, and
could not possibly have been present at the place and
on the occasion described by Wilson. With respect
to Quimby, We will show you that short time ago
letter was received by the postmaster here, from
gentleman of responsibility in Warren county, Penn
sylvania, who hearing Of Quimbys intention to come
here as witness, and knowing his character, wrote
warning as to his worthessness and acting on the
information, wrote 10 two worthy citizens there rho
have come here to speak Of Quimby chaiac ibis
Quimby you recolect is the fellow who sold his load
OF hay and went to get payment before daylight from
the commissary.
We will then show you, gentlemen, that Mcleod
was at Chippewa in Davis tavern, the day of the
destruction of the Caroline-that he to bed
", az was having Deen one OF party
who rode round Navy Island. He remained in bed
till sun down, when he We will then show
you that he went in company with Mr. William
Press, then living at Niagara, and was keeping the
Hamilton House" in Hamilton, Canada, and in his
company Mcleod left Davis tavern and rode to STAN
ford, about five miles distance in very bad state OF
the road, where he got out of his wagon concluding
that he would tarry night with Capt John Har-
rison, retired British officer in Canada. He left
Chippewa in company with Mr.. Press after dark on
tha Iax all hn, "a NJ.
risons, and we will show by that genemans evidence
that Mcleod came to his house-that they sat and
conversed till about midnight-that then they retired
to bed-that he (Capt. Morrison) early in the
morning as was his cusom-that Mrs. Morrison
arose-and their son, little boy Of Is years of age
that the lad went down to the gate in front of the
house-that he saw there two gentlemen, who stopped
they passed, and asked the lad to call his father
that Capt. Morrison went down. and there found some
one whom don't remember, with Col. Came
ron, who lives at Toronto, and is elderly gentle
man. and is not able to he here-that these gentlemen
asked Morrison if he had heard the news and re-
celving his reply in the negative they told him of the
burning Of the Caroline, and gave him trophy a
fragment OF the boat which they had found in the ed
dy below the Falls.
l. Capt. Morrison returned to the house and found
Mr. Nc Leod at his toilet, and to him he told the in
teligence he had just received. Mcleod wished to
60 lmme ia ely but was prevailed on by Mrs. Morri
son TO remain for breaktasl-Mrs Morrison will show
this, and also that MIR. McLeods boots, which had
been wet placed at the kitchen fire, where they
remained all night and in he morning were put on
dry by him. Miss Morrison Also a step daughter
believe, OF Mrs. Morrison is also here. She is in
telgent lady, and she will corroboIate the testimony
| of her relat> es.
10 recur to the testimony of Press to show that he
cannot be mistaken in the day, he says he was at
Chippewa but once that winter. He lived at Maya
ra, where he kept pubic house, and he says that
| he took two passengers from his house that day
that their names n his books, and the compensa-
ton he received from them entered his cash book,
under date of 29.h December. But further, e will
tell you that he heard of the destruction of the Caro-
| Inc on the next day about 10 o'clock-thus fxng,
beyond all controversy, the day on which Mcleod
was in the company.
We thus take Mcleod from Chippewa early in the
evening to Capt. MorIson's where he passes the
night. Then IN the morning he rode to the Pavilion
at the Falls, and during that time we have no evil
d-nce that any hm-but at the Pavilion h.
fell In company with person who is htre-an office
of the Provincial Goyerpment-and from the Pavil
ion he rode with Mcleod to Chippewa, conversins
about the destruction of the Caroline" and they
reached Chippewa about 9 or 10 o'clock, and het
rode up the Niagara river to where Capt Usher ivet
the e n,leman who was murdered at his own door
and while on their journey, they fired on from
Navy Island one ball falling directly at the edge o
the river, which was handed to Mcleod when he wa
returning.
Shortly after leaving the Pavilion, they met gen
teman, who is also here-Mr' Mclean of New Yor
who had spent the previous night at Chippewa, an
in company with another person riding down tn
Niagara river towards the Falls when they met Nj
/ Nc Leod, whom Mr.. Mclean well know and had see
in Buffalo few days before, when Mr. Mcleod wa
ASA ued here.
+ Now, gentlemen of the Jury, this evidence will b
laid before you, and question if it will be at all
cessary for you to embarrass your minds with the e1
animation Of the previous question, to whethe
murder was committed by any one but that on tn
contrary, you will be Iejoiced find that you can
turn verdict that the prisoner was not guilty, be
cause he had no participation in the matter. | kno'
it will rejoice your heart it will those of all
American citizens, that Mcleod is innocent of tn
offence
And here, gentleman, let me ask you, if this ev
dence which have described be true, what will 20
think ofthe testimony you have heard2 Will it nj
be found Uncomfortable from beginning to end2 Mu
il not then be admitted that these men must eitht
have invented these stories, or been mised by heae
maginations7 Our witnesses are surrounded by darl
ness-their observation not limited to a single dea
momentary view at the dawn Of day. or in the gloor