New-York tribune., 1841-05-19
y II z T RI [ n E.
In the supreme Court. TUESDAY May i'
CASE OF Mcleod.

CASE OF MCLEOD.
.aros brilliant display of cloquence and legal aoll-
w n The Supreme Court Room yesterday when the deoae
oo tho question of Alexander McIeOdS release on VIII o'
saJecs corpus came up The prisoner came INTO Coer'
at half pas, o'clock and ten precisely CAi7i Justice Nei-
so, and Judges Bronson and Cowan took their seats Inc
room was densely crowded with spectators.
M woon Junior Counsel for the People, read sundry
s,rnens relating TO the case first the enrolment OF the
,.anboat Caroline dated the Office OF James w Brown
Collector Of the port of Buffalo, Dec. ls 1881 she was
described a. steamboat of IS tons 75 feet long, belonging
70 William Wells of Buffalo He next presented License
from the same office bearing the same date, authorizing
,be said Wells to navigate the Niagara Rlver-his 'he
Court said it was not necessary to read.
lie then brought forward the original deposition oi VIZ
,an Appeby taken before Judge Bowen on 'he l<h oi
nc.n,bsr when Mcleod brought before that Magis-
,r,e m suit Of ha5eas corpus after eommIt'a se'S
firth that he had command Of the boat ON the hig o' e
oath when she was boarded by some 50 or 90 men "h'
came from ,he Canada shore in five or SIX rowboats 1here
vas firing both before and after the men came Sn board.
He was reused by the watch deck, and IN attempting TO
r,e mn from the cabin he met by sword-thrust
which SLIGHTLY wounded him but not severely lie s'"
,b man who made The thrust, and at that time and ever
afterwards believed him to have been Alexander Mcleod
lie had seen Mcleod before and was somewhat acquainted
NTH him; lie could not swear that II was the same lndi-
;d,I ,b,r ,rescnt in Court who made the tiirHst the
fo,, circumstance which prevented him from doing so was
That the one who assaed him the boat had more
flushed face than the prisoner Witness did not see Duriee
rn, after he was dead he saw him then lying upon the
Railroad track. shot through the head with bullet he
saw no one dead in the warehouse into which he ran
Mr. Wood then read the deposition of Samuel Anson,
taken at the same time with Appeby's He resides at
ocnor, and was at Chippewa the time of the burning
of tb, Caroline. He knew Mcleod, and saw him at a
,verp in Chippewa on the morning after the Caroline was
DESTROYED There were number of persons in the room,
dsnuing among themselves who had done the most work
N the Caroline affair Mcleod said q killed one id
Yankee and there : his blood AT the same time
showing hose-psto the breech OF which stained with
blood He had on sword with red sash witness do nj
know that Mcleod said anything further Witness is
carpenter and had known the prisoner Tor some SIN of e'
months do Mt know any of the other persons IN the room
at the timc he report any OF Their
They all seemed to argree that Mcleod had done the most
in the attack
The affidavit OF Norman Barnum, dated Dec 2l 1857,
,.leo before \. X Hall, Alderman OF the Fifth Ward et
Buffalo was then read He al the British encamp-
a
line nassng to and from Navy Island, which caused consd-
e,able excitement among the British troops An eNpea-
ton Was arravcd under command of Capt Moshcr 10 cap
,ure the Caroline. At night the boats set ot-weve In
number the lights OF the Caroline and il was
known tha, she at Schosser Beacons were lighted
on shore 10 Guide the boats on their return when they
came ashore NcIsod boased that his sword had drunk the
blood OF TWO men, lie has no doubt that NcNab knew Of
and approved the expedition
WILL, Hall then read tros page 2S0 OF Sir FrancIs
Bond Heads Narrative Two from his despatch 10
Lord lene TO show hait Francis could be believed,
the assaians actually upon the territory ci New
+, Yerk
Mr.. WooD thcn read Gov Marcys Special Message to
the Legislature dated Jan 2d 1885 with letter from Mr.
Rosers District Attorney for the County OF Erie, 10 GOV
Marcy dated Dee s. 1887 setting forth ths facts and cir
cumsances attending the destruction OF the Caroline Ii
enclosed an affidavit of Capt Appeby, stating that he left
Buhao N the Caroline on the morning OF December ~
fo chgosse having cleared between Buffalo and
the place While Black Rock ran up the American flag
"a yolsy of nluskey fred al the boat from the Cana
ID an shore bu, did damage. Landed passengers and
some articles of freight at Navy Island thence went to
Schlo ser made TWO trips the afternoon landing
passengers aud freight as before At P NJ moored at
the wharf at schlosscr.
HIS crew consisted in all of ten persons tcn;y-;hree
Others came on board and asked leave to stay for the night
as ,bey could get no lodgings the tavern All turned in'
about 10 o'clock About midnight was reused by the watch
On deck, who told him tha; boats were approaching Be
he could reach the deck the boat boarded by
go or 20 armed men, with cries Of Cd d-n the Yam
KEGS Kill them all-give shern quarter"
No resistance was made--all fled for their lives Alter
the boat loose he made dgent search but could
fad only t.veuty-one OF these who were board Be
leyes tha, twelve men were killed on board drowned in
going the falls Saw the beaconigh and heard the
cheers on the Canada side