The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-10-19

we let MIN go along?" lie replied, eyes, il he
viii ireat;" told them belonged to neither party
bat was willing to treat; the other then said
"Come, Sandy Mcleod, let's go in and take
drink" don't know what Sandy means; never
heard The word used before since; in the house
l only knew him as the man had at st. Da-
vid's; then heard him called ''McLeod;' it was
horse pistol that he pulled out, when he made
use of the expressions; the sword was straight not
very wide; he wore il by his side; only saw one
pistol, did not see any blood on it; have never
before been examined on this subject
toloin WILSON sworn-I live in Wilson Niagara
county, N. Y; am somewhat acquainted with
Mcleod; know him by sight, I kept ferry across
tho Niagara river at Youngstown-the lowest on
the river, in 1873; the ferry leads TO the town
ofNiagara, U. c.; recolect seeing The prisoner
between the 9Th aud the 18th of January 1883;
saw him at public house in Niagara; quite mum
Der were with him. knew one or two of them;
John Mosher, Mr. Raincot, MIR. Meredith, and a
man called EImsey, all can recolloct, they
wero IN the sitting room the subject of the Caro-
line was brought up by Raincot's asking how ina.
ny were killed, &c; Mcleod replied, ale thought
not more than were klled--there might
have been 5; one thing he did knoao--one id
Yankee got shot on the aoharf." He said something
further, but cannot recoect the words; have
no doubt that the now before me was the one
who used that expression.
| Cross examination II have taken an interest in
! the patriot movements; since the destruction of
the Caroline, have assisted the Canadian refu-
gees, by giving them what little l had to spare;
can exactly state TO what amount--at a rough
guess, should say $500; have entertained some Of
them at my house; have furnished means 10 aid
an invasion of Canadaj decline answering wheth
er have entered into any concert with others to
get up military expedition against Canada; l de-
cline answering whether am a member of any 81
! cret society
o'clock, p.
| Elijah E. Elmer, sworn. l reside at Buffalo; /
| recollect the steamboat Caroline on Board of
her at SchIosser; not being able to get accommo.
dations the tavern, went board TO see if
| they would let lodge there they said they
could not tell then whether the boat would remain
! there all night; went down into the cabin and
through the boat; saw no arms or preparations for
resistance; l asked some one on board how they
| expected to de end themselves f attacked? lie an
swered ii only ferry boat, and was not allow
ed TO carry arms; had fully examined to see if a.
ny arms were board; there were none; was
then U. s. Dep. Marshal; saw some men during
! the day with rifles in their hands; l asked them
1890 '"'''
Canada had been charged to take notice of any
violation Of the law; that might have been my OBJ.
ject in nccosting these men; they said they were
''going huntng;' great many deputy narsbals
had heen appointed about that time to guard again
any infracuons Of the laws.
Cross Examned-Don't til ink Navy Island was |
very good hunting ground abou, that time; think
l saw only three men with rifles only knew Van
Rensselaer, by repute; understood he Am. |
ericap; believes Gen. Sutherland was there; | did |
not go over to the Island; don't know whether |
Mackenzie there or not; knew OF arms having !
been taken from Buffalo; was with the sheriff
when he reook them from the patriots at Black |
Rock; know only by hcarsay what afterwards be-
came of them
There follows the testimony Of half dozen per-
sons re-iterating mainly the the preceding,
which closed on the part ofthe prosecutionl
Mr. Spencer, then opened in behalf of tho pris-
oner, and addressed the jury as follows:
Gentlemen of the Jury The defence which we
intend make Is twofold, and will tpace it be.
fore you in its double aspect thus early in order
that the Court may be prepared TO direct conduct
the case as it may think proper In the first place
then will enquire whether any murder has
been committed at all, and secondly whether. if
that question be answered in the affirmative whelh
er Alexander Mcleod is OF the murderers.
We shall in the first place, after a few more facts
shall have been made to appear in evidence before
you, insist that there can be no such offence "a
that Of murder proved as growing out of this de-
strucon of the steamboat Caroline.
The facts, gentlemen, to be adduced will show |
that this party which made the attack upon the |
Caroline consisted Of the Of seven boats-six
of them containing eight persons and one contain
ing 8, and which made up Of British Provin-
cial soldiers then on duty at Chippewa British |
naval officers then on duty at Chippewa-that Col.
McNab ordered the expedtion-that he acted un-
der the authority of Sir Francis Head, the ProvIn-
cial Governor, who directed them to seek and
destroy the Caroline which he then believed to be
in the employment of the party on Navy Island,
who had there raised the standard OF revolt fortified
their camp, and opened their batteries ON the Cana
dian shore When this party thus circumstanc I