Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-11-06

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ed 10 receive payment for his hay at that early
hour, and whether there were any persons in the
Office, and he said there was not that he wished
to be there in good season; but did moi after all
get paid, and finally went home.
But, gentlemen, it seems according TO the ties.
timony Of Mr. Lott, Of Louisville, Pa, that on
one occasion this Qumby came with another
person for the purpose Of making an affidavit
before Mr.. Lott, who is a magistrate, and that
that gentleman refused to take the affidavit, be-
cause Mr.. Qumby was unworthy Of credit; that
he went to another magistrate by whom the affi-
davt was taken and sent on.
Lott says he resides in Lottsville---that the
reputation Of the witness Qumby, while resident
there, was very bad; that he was not TO be be.
leved on oath; and that in informing the pris.
oner's counsel Of his character he (Mr. b. had
no private motives Of revenge or malice to graf
ify. Now it is said, and it is true, that ordina-
rily witness, 10 invadate the testimony Of
another, should be called from the neighborhood
But you are the arbiters Of this question, and
in your hands leave it.
The evidence of Seth Human, for whatever
it is worth, is also before you. When exam.
ned before he said Mcleod was not seen by
him that morning-he now says that he was.
Justice F. 7. Stephens is then called and
sworn. He testfes that he was present on the
night in question, and that he saw three boats
60 out and retuIn--and he distinctly and posi-.
lively swears that he saw Mcleod disembark
at the beaconlght
That is statement which is not corroborated
) by other witnesses, and is on the contrary hostile
TO the statements OF all the other witnesses on both
. I, ba Iio al
from the stand without cross examination. He
hood for which the palliating plea of the proba.
bility Of mistake cannot be offered
Leonard Arson is the next witness. He
swears that he saw Mcleod OF the bar in Da.
Wis tavern; that thare were others there who tool,
part in the expedition against the Caroline, each
Boosting as to who had committed the greatest
crime; that there he saw Mcleod draw out his
pistol and declare that he had killed id
Yankee, ard that he pointed out the blood on
the stock Of the pistol.
This, it is contended on the part Of the pris-
oner is an improbable story-that he could not
have seen the blood on the pistol. And other
considerations have been submitted to you in re-
lation to the testimony OF this individual which
it is unnecessary for me TO dwell upon now.
ton which should be given them.
These are believe the only witnesses belong.
ing TO the first class OF evidence against the pris.
oner. That is, these are the only witnesses who
testify Of their own knowledge as to facts unal.
lied with confessions, which go to connect
Mcleod with this enterprise.
!, And the prisoners counsel contends that some
of these witnesses have been impeached, and
bo, -, ,b,r
t cumstances; that the darkness OF the night was
good reason why no very great confidence
should be placed in the statements Of those testi.
flying so positively that they recognised Mcleod
with such certainty, and that what they have thus
proved is enough to throw some shade Of suspi-
con on the whole. This is the view taken OF
it by the prisoners counsel.
Whilst on the other hand the counsel for the
prosecution insist that it is mass of testimony
which you must believe, and which believing
1t is your province 10 criticise all this and pass
upon it.
The other branch of the evidence is that con.
tanned in the confessions Of the prisoner; and
there is principle of law applicable to that
the prisoner has directed your attention; that con-
kind OF evdence-easiIy Northumberland diff
cult to be dsproved- to be mis,aken--
partially heard--pnrtaly remembered
unless corroboraed by other testimony, the rule
adopted by the elementary writers, and sane.
toned by the most distinguished uriss, is, that
they are the most unsafe description OF testi-
mony.
Nevertheless, they are competent to be weigh.
ed, Judged Of, and passed upon like all the other
evidence in the case. | therefore, gentlemen,
call your attention to the evidence OF
Henry Myers: and would admonish you that
one rule by which you are to test the declaration
OF witnesses is, that you are 10 see whether they
are probahle-like what men in like circumslan.
ces would do.
The last is that on one occasion whilst he
passed Niagara Falls he stopped at tavern
and saw Mcleod with a number Of others-hat
t Mcleod was accosed by name by another oil
the party-.that he boosted that he had killed one
5 ID Yankee, or rebel, and that he compelled
the witness to "lreat" the party.
+, You will Judge Of the credibilty OF this wit.
ness story, but there is one thing he said which
has not been noticed by any of the counsel, and
what may aid you in passing judgment on his evi.
/ deEce-he said that he marked the features OF
I Mcleod WE'LL as he determined to use him in a
5 similar manner if ever he got him on this side
Of the frontier.
!, The next witness is Calvin Wilson. He
) is the keeper of ferry at Youngstown, in
Canada, and he says. that a few DAYS after
the destruction OF the Caroline he went
over to Canada--w ent into a house where
p was a person By The name of Raynock,
Mel nnd and others whOm he named WIN