The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-16


Mr.. Hall continued his remarks Tuesday morn
ing and at the conclusion the Court adjourned I'll az
ternoon, to hear the Judges charge.
TUESDAY, 2o'elock.
Asitwas known that Judge Gridley would charge
the Jury this afternoon, the Court house was crowded
with anxious auditors, large proportion Of them be-
inp ladies' who presented ample display of beauty
and intelligence many of them being fair enough 10
excite one sigh when reflected that IN all prcbohl
ily we would again look on Their lovely faces
At few minutes after two O'Clock Judge GTdlty
rose and delivered the following
CHARGE
Gentlemen Of the jury
congratulate you on your at length arriving at The
present stage of this long potIacied trial. After yuur
patience having been drawn upon Tor SIX days N la
tenng 10 the trial and day and half IN hearing II
the arguments Of counsel you have at last arrived
that Period where you called on to discharge the
last and deeply solemn duty which desoses upon you
congratulate you, also upon the auspciaus cifcun-
stances under which you approach the performance Of
this duty.
We know, it is true, that deep and feryid interest
is felt in this throughout the entire land also
aware that portion of the public press has from the
CONNIE ofths controversy teelsed with lnflm-
matory and passionate articles We have likewise
heard Of popular connections in various parts Of the
county where the indictment against the prisoner
found Slill though these disturbing Influences may
not entered the solemn temple OF justice II tie
waves Of excited popular feeling have swept along
her quarters they have not reached the portals ot
this building consecrated it is TO the faithful admin
stration OF that ustice TO which the people and the
prisoner alike appeal.
During the proceedings here it may also be remark
ed have attentive auditors IN the persons Of
loyal subjects of Great Britain, who not long since
were in in defence of their so and, the other
hand, had the presence Of more than one dIstin
guished actor in the scenes OF blood and suffering
nected with the recent abotiye attempt at revolution
in the Canadian Provinces; yet these individuals,
well others who have been present, must have been
deeply interested auditors and spectators ct what has
occurred, a single muTmur has been heard-nUt
single ebuton Of excited feeling has escaped,
All has been quiet and good order, and sigma
proof has been given that here spot where justice
can be purely administered, and that here # no
where else, the decision Of an upright intelligent and
honest jury will be acknowledged sovereign and ~
preme. Ii is under these suspicious circumstance
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 appr cate properly
the questions which you 10 pronounce your
judgment, il will be necessary that you should Keep
your minds entirely unembarrassed by the considers
lion Of other matters which have in reality nothing
whatever to do with the merits of the case.
The counsel on side and the other, as II was
their duty and right, have presented such arguments
and discussed such topics they deemed likely 10
serve the Of the parties whom they repeset
But the tribunal which tries has also duties TO PERFORM
altogether different from those incumbent on the All
vocates entrusted with the interests OF those who are
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 ad the second question isis prisoner at the bar
guilty of that murder 7
On the first question: gentlemen, the Supreme Court
of this State you have already learned during the
progress Of the trial. have passed Their authority
is binding on you and me- We are sitting here To
dispense justice in the Circuit Court and be 90
verned by the decision of that superior tribunal which
has sent down this issue to be tried here. That then
is no longer open question, but adudicaled one
and with it you have no concern.
The circumstances out of which this Indictment
originates briefly these In December, l>21
body Of Canadian refugees and American citizens a.
cupied Navy lsand-fortifed themselves there and
opened cannonade upon the Canadian main shore
where $500 or 5000 men were assembled to pro-
tect their territory. Aid offered to these
pants of Navy Island by certain individuals in Buff
fao and one William Wells, the Of the
boat Caroline, for the purpose Of promoting his
interests he swears before you, had the steamboat
cut out from the ice where it lay in Buffalo Creek
and on the morning Of the Goth of Decenber-the
faial-that boat made her first trip from Buffalo To
Schosser touching at Navy Island; and that after
that the same day, she made two trips TO Navy
Island from Schlosser--that it was instrumental in
carrying armed men--arms-- provsions-ando one piece
of ordnance to Navy Island
FARMER tnhn TINS IL does appear that the Caro-
line was instrumental in promoting the interests Of
the occupants of Navy Island Now the colonial au-
thorities 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 commandtro u
the Provincial forces Chippewa ordered volunteers
to embark in boats of which five reached the Caro-
line and from them she boarded whilst her peace
full occupants were asleep in her berihs, and with cut
lasses boarding pixies and firearms the attacked party
chased the persons on board, woundng some, killing
one and whether others experienced the same fate
know not and then having set fire 10 the boat the al
lacking party sent her the Falls"
This is brief history of the transaction so far as
is necessary for you to consider for the purpose Of
understanding and disposng 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 autho-
rzed, and secondly because done in sefdefence and
again because the whole transaction has already be-
come the subject of negotiation between the two CO.
vernmens, so 10 deprive the court of jurisdiction
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 Durre although performed the prosecu-
ton OF enterprise like that have already dcscr b.
ed, was murder, and il follows then gentlemen, that
all who Were engaged in IL are guilty Of the same OF
fence, and II Is no, necessary that the Of NJ, Lc,d
should have struck the fatal blow, 10 render bin gu
ty. Enough that he was engaged with other. N that
enterprise. This question then Is 10 I've excluded
your consider alton. II has it is true been dwe}t on
by counsel on both sides in their opening addresses
and during the progress of the trial refer 10 Il
however To inform you that II has been already adlu
Dictated on and Is set at rest
Then comes the question, the impatient question
on which you are To pass-is Alexander Alclcod
guilty of that murder The counsel Tor the people
have presented many witnesses before you, The I'm
dency of whose testimony has been 10 show that tie
prisoner il guilty and il order, gentlemen that tru
may understand and appreciate this testimony -hllt
briefly place II reviewed before you. shalt dWlEr