Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-10-15

mony which you are bound to observe, by the SOL
emny of your oath, by any unwatrantsd ~ Jump
ton You attempt to decide upon the expectancy OF
| tins trial or conviction the consideration Of which
belongs to the ExecutNe,-iiby any vain piesuinp'
| ton you attempt TO weigh the consequences, which
belong to god alone if from any or all Of these causes
you find false verdict at that last dread hour, you
| VIII bitterly bit voiny regre, IT.
| lhave but one more word to say TO you. IL Is 10
connre you during the whole of this trial at the be-
ginning to the end and every stage of it, TO keep be-
lore you az il written in letters of fire. the WORDS
| "Be Just and fear not"
We give the above opening speech, as
reported for the Journal of Commerce.
The public prose proceeded to call his
Witnesses Mr. William Wells, owner Of
the steamer Caroline, was sworn, and testi-
fled to the circumstances of the destruction
of the vessel by a party of armed men, who
boarded her a, she was lying at the wharf at
.Schlosser, from four or five boats, and to the
death Of Amos Dnrfec. Witness had been
asleep on board, was below in the cabin
when the boat was boarded by the assailants
and had some difficulty in making his escape
lie was questioned also as to the service in
which the boat had been employed.
On Tuesday the evidence on the part of
the prosecution was continued. Eight wit
ncsses we're examined with reference to the
circumstances Of the attack, five of whom
were on board the boat at the time, and the
others at.the tavern at iSchlosser. The facts
as elected by this testimony we're much the
same as those which have heretofore been
before the public: there are but few new
particulars. Capt. Appleby, the comman-
der of tho boat, is the only one of these wit
nesses who makes any attempt to identify
Mcleod as present. His evidence on this
point, as reported for the albany Journal, is
this
| saw the man who made thrust at me with q
sword on board the boat; lamp was hanging two
or three feet from the door at that time 1 supposed
the man to be Mcleod; | had been introduced to him
a few days previous at the Eagle Tavern, III Buffalo
was examined before masstrateat Schosser the
day after theaalr my attention was particularly
drawn TO this point then said thought is twas Nc.
Lcod but II was all done so quick that could be
certain.
On the Characterization he added
At the same instant the thrust was made at me- /
drew back TO avoid the blow all was done and the
door shut almost IN moment | did moi distinctly
mari the features Of the man | do not now say it
was Mcleod
He received no injury from the sword
thrust alluded to. lie testifies farther, that
since the night of the attack he has never
seen or heard of boy called "Little Billy"
who had been on board the boat but on
the cross-examnalion it appeared that he
had not seen him since the boat last left Ma
Wy Island.
These witnesses agree in stating that there
was but one gun fired from the American side
that that was discharged after the boats had
left the shore in such direction that Durfee
could no, have been injured by it. One
witness indeed, teslfes directly that no saw
the gun loaded, and that there was no ball in
| it.
Two other witnesses were examined who
were on the Canada side at the time of the
attack. These witnesses we're introduced,
to show that Mcleod went with the boats.
That part of!he testimony Of Drown, the
first Of them, which bears on this point, is in
these words:
Samuel Dro,-n, sworn--I know Mcleod, had
known him three years prior to 1887; first knew him
at ST. Cathsrines; lie lived at Niagara II miles + ;
| used TO him very frequen ly he deputy
sheriff saw him act in that capacity at the courts
saw hin very often when lived al Chippewa Isaac
him at Chippewa The day and er,ning prior 10 the
burning Of he Caroline saw him the night after the
Caroline was on fire. After the return of the boats
from the destruction of the Caroline, ! was close by
| the men when they dseinbarked should think there
were 10 or - in each boat ] should say 1SIesG
,eas one Of t,,m; was about 10 feet from the boat
and from Mcleod when he got out the men went
| up to Davis's tavern in the village; | wen, along
with them they were talking with others about the
destruction of the Caroline they stopped III front of
the tavern eieve there were lamps lii in front of
the house and others in The house, Then san Mcleod
again Il Was hen within eight or ten feet Of him +;
he God about ten feel from the door; | heard him
| talking TO the ISLANDERS by lam sure that il uds
lELeod as lam that he non sits betoreme.
On the cross examination witness stated
that the night was dark and there was no
light near when the boats landed.
The other witness, Corson, was at the
tavern after the men had gone up from the
landing. lie says
Insxt saw Nc Leod about 9 in the evening AT
Daviss tavern ; he was coming out OF the bar room
az | went up: did mt observe as he was armed one
lnnn went out wi h him again saw him next morn
ing about sunrise on Davis's sioop; quite crowd
| was around him he stood the platform tel inc
what was done on the Caroline he said "he guessed
thru ,rould not lcant to him there again re,y
soon he had put ono id Yankee out gfhe ndy =
| can't reccoect any other particular expression
pei sons in the crowd around him were also Boosting
| of having been in the expedition with Mcleod nc
one here disputed Mcleod, or said he lied
After the examination of this witness the court adj
,ourned till Wednesday morning.
We have not room for the testimony in detail
SECOND DAY.
Tho Maui Nnrk Sun Extra pIveS ia the