The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-10-16
From the Public Ledger.
MoLEOD's TRIAL.
CIRCUIT COURT AND OYER AND TEL
MINER OF ONEIDA COUNTY

CIRCUIT COURT AND OYER AND TER.
MINER OF ONEIDA COUNTY.
Mr. Hall continued his remarks on Tuesday morn
ing, and at the conclusion the Court adjourned till af
ternoon, to hear the Judges charge.
TUESDAY, 2o'clock
As twas known that Judge Gridley would charge
the jury this afternoon, the Court house was crowded
with anxious auditors large proportion of them be-
ing ladies', who presented ample display of beauty
and intelligence, many of them being fair enough 10
excite one sigh when reflected that in all probable
ity we would never again look their lovely faces
Alta few minutes after two o'clock Judge Gridley
rose and delivered the following
CHARGE.
Gentlemen of the Jury:
congratulate you your at length arriving at the
present stage of this long proacted trial After your
patience having been drawn upon for six days in lis
tenng 10 the trial, and day and half in hearing to
the arguments of counsel you have at last arrived at
that period where you called on TO discharge the
last and deeply solemn duty which deyoIves upon you
congratulate you, Also upon the suspicious circum
stances under which you approach the performance of
this duty.
We know, it is true, that deep and fervid interest
is felt in this throughout the entire and we are also
that portion of the public press has from the
commencement ofthis controversy teemed with indam-
matory and passionate articles We have likewise
heard of popular connections in various parts of the
county where the Indictment against the prisoner was
found Siill though these disturbing influences may
prevail elsewhere, at least say that they have
not entered the solemn temple of justice. If the
waves of excited popular feeling have swept along
in other quarters they have not reached the portals of
this building consecraed h to the faithful admin
straton of that justice to which the people and the
prisoner alike appeal.
During the proceedings here il may also be remark
ed we have attentive auditors in the persons of
loyal subjects of Great Britain who not long since
in in defence of their SOIL and the other
hand we had the presence of more than one dstn
guished in the of blood and suffering
nected with the recent aboitve attempt revolution
in the Canadian Provinces; yet these individuals,
well others who have been present, must have been
deeply interested auditors and spectators of what has
occurred not single murmur has been heard not a
single ebuition of excited feeling has escaped.
All has been quietness and good order, and sigma
proof has been given that here is spot where justice
can be purely administered, and that here, if no
where else the decision of an upright intelligent and
honest jury will be acknowledged sovereign and
preme. 1t is under these suspicious circumstances
that invite you, gentlemen to the questions connect
ed with this great and important case.
Allow me to offer single additional passing
mark and it is this in order to appreciate properly
the questions on which you are to pronounce your
judgment il will be necessary that you should keep
your minds entirely unembarrassed by the consdera-
ton of other matters which have in reality nothing
whatever to do with the merits Of the
The counsel on side and the other, as it was
their duty and right have presented such arguments
and discussed such topics as they deemed likely to
the interests of the parties whom they represent
But the tribunal which tries has also duties to perfoIm
altogether different from those incumbent on the adj
entrusted with the interests of those who
placed at Its bar The of this prisoner, gentle
men, may simply say, is to be tried like that of any
other person indicted for the same offence.
The first question is, has any murder been commit
ted and the second question isis prisoner at the bar
guilty of that murder 7
On the first question: gentlemen, the Supreme Court
progress Of the trial. have passed Their mhory
10 binding you and me- We are sitting here to
dispense justice in the Circuit Court and be go
verned by the decision of that superior tribunal which
has sent down this issue to be tried here. That then
is longer open question, but an adudicated one,
and with it you have no concern.
The circumstances out of which this indictment
originates briefly these: In December, 1887,
body Of Canadian refugees and American citizens oc
cupied Navy Island fortified themselves there and
opened cannonade upon the Canadian main Shore
where some $500 or 5000 men assembled to pro-
tect their territory Aid offered to these occu-
falo and William Wells, the owner of the steam
boat Caroline, for the purpose of promoting his own
interests he before you, had the steamboat
cut out from the ice where it lay in Buffalo Creek
and on the morning of the 10th of December-the
fatal-that boat made her first trip from Buffalo to
Schlosser, touching at Navy Island; and that after
that the same day, she made two trips to Navy
Island from Schosser-that it was instrumental in
carrying armed men-arms-. provslons--and one piece
of ordnance to Navy Island
Farther than this it does not appear that the Caro-
line instrumental in promoting the interests of
the occupants of Navy Island. Now the colonial au-
thortes in Canada saw fit to regard this boat por
ton of the armament of the insurgents and resolved
10 destroy her. Sir Allan McNabb the commander Of
the Provincial forces at Chippewa ordered volunteers
to embark in boats, of which five reached the Caro-
ne and from them she was boarded whilst her peace
full occupants asleep in her berths, and with cut
hoard lin mix md fFaa he ckad
chased the persons board, wounding some killing
and whether others experienced the same fate
know not, and then having set fire to the boat the at
lacking party sent her the Gals"
This is brief history of the transaction so far
is necessary for you to consider for the purpose of
understanding and disposing of this The acts
have described held by the prisoners counsel to
have been excused in the individual performing them
for the reason, first, because these acts were autho
rzed and secondly because done in selfdefence and
again because the whole transaction has already be-
come the subject of negotiation between the two GO
vernments, to deprive the court OF jurisdiction
over the offence.
These arguments have been laid before the Supreme
Court and that court, after great research and deibe
rate consideration, pronounced that this act OF the
killing of Durfee although pei formed in the prosecu
ton Of an enterprise like that have already descrb-
ed was murder and il follows then, gentlemen, that
all who engaged in it are guilty of the same of
fence, and it is not necessary that the of Mcleod
should have struck the fatal blow, to render him gull
ty Enough that he was engaged with others in that
enterprise This question then is to be excluded from
your consider alton. 1t has it is true been dwet on
by counsel on both sides in their opening addresses
and during the progress of the trial. 1 refer to it
however to inform you that it has been already adju-
dictated and is set at rest
Then comes the question, the important question
which you are TO pass-is Alexander Mcleod
guilty of that murder? The counsel for the people
have presented many witnesses before you, the ten
dency of whose testimony has been to show that the
prisoner is guilty. and in order, gentlemen that you
may understand and appreciate this testimony shall
briefly place il reviewed before you. shall divide
it into two cassesthe first branch embracing the d.
and circumstantia evidence other than that ars
ing from confessions connecting the prisoner with this
charge-he second class Of evidence will consist
tirely of confessions.
The first witness, gentlemen, who has testified be-
fore you is Gilman Appleby He is the only witness
who board Of the boat at the time of the at
tack He was the CAPTAIN of the boat-he slp in the