Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1841-10-16

politically I have taken part in the Canadian :
troubles. Crhc witness says that hc dill soc the
rcm1ius OF battery the lsLtnd towards the Can.
ada shore. tie position ofwhch showed ,hu slme-
body had been there WIN well understood emcr- /,
goucyl cannot say whether the batteries were
standing the afternoon took the walk with MIR
Presse; the upper ohc was.
To Mr. SPcnccr-Cul. McNaL's quarters were
bat or 10 rC-ls inOm Dayi, tavern Opposite in the
same square
o. the evening nf the 26:h. Col. NcNab sent to
me Tor arms and | furnished ihem. The corps !
Commanded has been organised 3 % 10 wears
Mr.. Spencer hero rusc and sand. thrt the Court
having concluded the testimony iir,, prnVn,ed on
the opening at the deience-that of a ualinnl char.
actor-ahd therefore confined the Testimony upon
tho o'hcr branch at the deience 20 wi; the absence
ut Mrl.""l from participating ia the destruction q {
tie Caroline The counsel for the defrnc. had noN
brought before the cour, and jtry all ia evidence
they had 10 offer ia that behalf and now closed
their testimony and rested.
PROSECUTION RESUMED.
Mr. Hall here oil rel ia testimony the cnr,ucnt
and license under whirh the irulIne ran, both dn-
ted 1t cemhcr S37 lie then Offered 90 real
the statement ml e 10y the prisoner: formally. hoforc
Justice Bell. signed by hun. ~ the pIrscnre &c his
counsel MIR Bradley, duly authenticated by ihc Jus.
tea.
NJ objection being male. the statement was
read IL was IN substance IhII hc went with Capt
Graham round Navy Island 10 lopk out for the Car.
uliue, un the aiiernoon OF the 2Sh OF December
1887. Then hr returned To Davis's tavern wcut To
bed, and remained there Iill or 5 O'Clock ~ the
evening.
ThaI he role t. Capt M,rrison's lhlt evening
stopped there that night, went To bel about
O'clock. and uned there tall aztec breakfast next
/ morning. Before he left, Capt. NJ ,rrs,a came 10
him ia the house. aud informed hi'n that 6 j. Cam
croH had called AMI tod hun thai they had des
| Iroycd a Steamboat the previous u ght At the
Pavilion Hotel he uyer,pk n person whom Ice
named. who informed him of the particulars Of the
destruction Of the CIr,lme. lie then role To
/ Chippewa. arriving there between and 10 \
/ NJ
Mr. Hall then rc,d the testimony Of Capt NJ ,rri-
son, and hs son Archibald taken bv Jus,irr Bell.
/ IN behalf OF Mcleod, dat Il ll.h Nv 1910, a.
/ Lew iStnn.
: Mr. H. then read the ies,in,ncy taken before
Justice Bowen. Of Niagara cuuAIy, regularly au-
/ theniicaicd. The dates of these documents were
/ he l7ih and Il IA Dee. 1910. The first docum nj
was the examination Of the prisoner, stating that
the evening preceding the Christmas before the
burng of the Caroline. he BufiIlo. and there
learned that the Caroline was fitted To run To Chip
] pewa.
| The next day he returned Ia Chippewa and on
arriving at the Pavilion Hotel at Niagara Falls, hc
was there told the same Thing. On arriving nj Chip
pcwa he informed Col McNlb what hc had heard
On the morning Of the 2Sih. lac and Capt Grlh1m
IN boat with eht sIilDFs. went round Navy
Island 10 see Il They could any hng of the Car
one. They dad not discuV or her, but ia the after
nom he saw her running between Sahlosser and
Navy Island Baing somewhat unwcli he went to
bed Il up about seven ia the evening. AID rode tu
Capt Norrsrns. where lac spent the night.
! The next morning hc was told by Capt. Morrison
that Col Cameron lild just informed him that the
! Caroline was burned tho preceding night. lie slept
ali 4
hc was at the burning of the Caroline. nor did lac
ever exhibit 10 any persoN pistol with hlond IL.
The next document was the testimony of Mrs. Nor
rison similar ~ substance the evidence she gave
last evening; and in addition that her dmglIicr
Ellen had lived with Mcleod. bat WIS never mar.
red ." him. She was, however, hurried afterwards
to another man.
The next document the evidence OF Helen
Morrison. who testified that Mcleod was al her
ilhcrs house 90 the night ia" Caroline burned.
1nd she heard her iafhcr tell him next morning Of
iIc burning OF the Carrliur. lie WAS told nfit ia
The Parinr before he whn'ly Dire scd. lie Icfi
/ the house about 10 urlock. \. NJ Mcleod sI.p;
there ou Christmas night and had frequently slept
4 there.
] II. Tall thcn proposed 10 put in evidence two
indictments against several nf The witnesses flr
the defence participants in tho bnrning of thc
CaTolinr; hul the Court denied such evidence a,
/ inudmisslbic.
deposition
Of Rrssel lnsis. taken under commission which
/ the Counsel Er the prisoner had declined /
read
Mo. Spencer objected. bu, the Court admitted 1t
aud was read.
Mr.. Hall then called 10 the stand
] Rev. john Mtrsh. who testified as G,IIows-I nu
/ a minister at the Gospel of the McihUdist pcTsua
sioni WAS acquainted with the Wines, $ unuc
Drown, i"r 4 year, IA Canada. aud never hear
ansht against his character, nor any thing to di.
credit lars vcmcity.
Cr''ss-cNamlncd-T was intimately nc1narnie
with Drown, and for year. while Drown wed q
ST Cuihrincs was ~ the habit Of daily incrconrs
with ham. lie was IN the cmploy Of nv bruihcr an
myself part Of the Time. never heard his charace
questioned.
Plat Smirh wus then called and sworn for IN,
prosecution ] reside IN Lockpor. In December
1887, was in Cnnnda-at Chippewa the INST q
The time. recOeCt the occurrence ofthe bumin
Of the Caroline.
: Mr.. Spencer interrupted the witness, and inquir
ell Of Counsel what they intended 10 prove by lhi
D witinessl
Mr. Hawlcy replied that he intended nv ihi
witness ~ rcbut the evidence given ON the part d
the defence as to the aiJi aud 10 provo that on L
night Of he burning Of q Caroline. Mcleod wa
! at Chippewa aud not nj MOrrsDn's Also 90 sustain
the witness Drown, whose testimony IL had bee
attempted 10 impcach
Mr. SPENCER denied the right Of the prosecution
alter resting It's testimony, 20 offer accumuaIivc cyi
dence. and On tins point argument Of considcra
7 bic length ensucd, ~ which the counsel for IN,
, prisoner quoted from 2ih Common Law reports
Rex ~. llIldrch 22i Wendell. 225; 81 Caring
, ton and Paine, as; aud / Il do q o; and Mr.
llnwley iof the prosecution, read from Cowan an,
HILL 735, several pages, IN which varipus auihori
ties were quoted, sustaining the right Of the prose
cuiion 10 the evidence proposed
The result was decision Of the Court ngains
admitting the testimony propoSed
Mr. Hall roso AMI was ad,Ircssipo tl,e C,u,, i,
relation 10 the dccisiOn AZ the moment We we
Obliged 10 dispatch our Eypress.