The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1841-10-12
Trial of WI H. G q d
COURT OF OYER AND 'rERMINER OF ON
EiDA COUNTY.

look us seat on The bench together with Judge
White, Kimba, and Jones of the County Court.
| On behalf of the prosecution appeared w. q
Hall, Attorney General, Timothy Jenkins, District
Attorney, j. l. Wood, Dist. Att. of Niagara coun
ty, and S. L. Hawey, of Buffalo.
On the part of the prisoner appeared Joshua C.
Spencer, Esq. and G. Gardner, and A. Z. Bradley
Esqrs. of Lockporl.
| Alter the court bar and Jurors had taken theii
seats, the public generally were admitted to the
extent of the capacity of the room The prisoner
M Leod, was then brought in, and placed by the
side Of his counsel. His appearance indicated a
man who had lived well and felt much at ease.
| Mr. Hall then called on the trial Of NJ 'Leod and
the counsel for the prisoner expressing their readi
ness to proceed, the prisoner arragned and i'm
formed of his rigb. of challenge, when, after some
time, l2 men were agreed upon, and sworn
MIR Hall, attorney general, then proceeded to o.
pen the case for prosecution. He commenced by
expressing briefly but feelingly the delicacy of his
situation and the duty which now devolved upon
him &, the jury. He next reverted to the great ex-
element which pervaded the public mind from
one extremity of the Union TO the other in relation
to the important trial upon which they had now
entered, and the evidence of which was before the
eyes Of the jury in the living masses which throDg
ed and surrounded the Court house. To this ex.
citement i, was the duty Of the jury and himself TO
close their eyes, to know moi, and TO eschew It's
influence.
Their duty was plain. II was to elicit the truth
to be governed by the truth alone, and to keep
their minds and their judgements free from all ex-
traneous influences, prejudices or tears. Truth
was his only pursuit; and if from mate weakness
no fell short Of the full performances Of his duty he
prayed the jury to redouble their own vigilance,
and elicit truth through the channels presented to
them, in oil cases in which be might be deemed re
miss,
Mr. Hall then read to the jury the grearer part of
the indictment found against the prisoner, at tho
Niagara circuit for the shooting and killing of A
mos Durfes, on the 30th December, 1887. There
was a great number Of counts in the indictment,
some charging the murder 20 have been committed
with gun-sone with pistol; come charged the
murder upon the prisoner, and others upon sundry
other individuals, named and unknown, The prison
er being present and aiding and assisting therein.
To sustain the indictment, Ear Hall stated, it
would be proved before the jury that on or about
the 25th of December 1887, tho Steamboat Caro-.
line, boat of some 30or40 tons burden, left BufFa.
10 for Scholosser. The Boat was manned by ci.i-
zens Of the Uaited States, duly enrolled at
the Custom House, end was licensed to be.
tween Buffalo and Scholosser.
AT that time a band of Canadian insurgents three
or four hundred 10 number, had taken possession
of Navy Island and held il in the name of the Brit
sh Government. A great effort also making,
at the same time to enlist the feelings of cit
this eide of the lines, in behalf of the suf
ferng people who had been driven by their hard
ships end suferings; and the wives and children
who had been thrust from their homes in the mids,
of Siberian winter, found difficulty in enlist
ing among portion of our citizens, especially a.
mong the young, the sympathy their deplorabie sit
uation naturally drew forth
But with tho band Navy Island the Caroline
had no connection, and it would be made TO appear
before the jury that she not at all in their en-
ploy.
AFTERFooN SESSION
Mr. Hall called the attention of the Jury so
much Of the passed upon by the Su.
preme Courts decision-to wit: that the killing of
Durfee was not committed under the laws of war,
but came wholly under the civil laws ofthis coun-
try; that is not the result of any previous or
der OF the British governments; and that il is to the
tribunals Of this country, and those tribunals
lone this murderer was responsible.
He also vindcated the murdered Durfee from
! the imputation of having been an insurgent, and
in aims against Canada. Durfee ho would show
was in no way connected with the insurgents, and
wholly innocent ofany participation in the insur.
recton of that day.
The law point, continued MIR Hall, has been
disposed ofby the Supreme Court and all that was
left for this jury to pass upon, that presented
IN the ndctment-was the prisoner guilty or limo
cent of participation in the murder of Durfee? To
sustain the indictment, he was prepared to prove
by the assertions of the prisoner that he was pres
ent at the destruction OF the Caroline and the muir.
der of Duree; that he was about Navy Island and
Scholler Immediately preceding those events;
that he was busily engaged enlisting people to go
on the expedition against the Caroline; that he was
at Schlosser enquirng at what time the Caroline
would be there; and that after the outrage he ex-
hibed sword and pistol stained with blood
which blood he hoasted was'the blood OF a damned
Yankee'-or words to that effect; together with
| other corroborating circumstances.
Mr. Hall then explained to the jury the laws no
! lating to murder; and iftney deemed The testmo
ny sufficient tc bring the prisoner within the pur