The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1841-10-09
TRIAL OF ALEXANDER Mcleod
FOB TIE MURDER OF DURFEE

TRIAL OF ALEXANDER MCLEOD
FOB TIE MURDER OF DURFEE
We are indt bted to the New York Sul
tor an extra containing the proceedings G
the Court OF Oyer and Terminer, on the
trial OF Mcleod, at Utica, n. y, which
commenced on Monday.-We make the
following Clipper.
AT half past 8 O'Clock, his IIor or. Judge
Grldley, took his seat on the Bench, to-
gether with Judges White, HI mball and
Jones Of the County Court.
On behalf of the prosecution appeared
W. G. Hall, Esq. Attorney General, Tlmo.
thy Jenkins, Esq. District Attorney of this
county, the District Attorney of Niagara
CO., J. l.. Wood, Esq. and S. L. Hawley,
Esq. of Buffalo.
On the part of the prisoner appeared
Joshua c. Spencer, Esq. and c. Gardener,
and Alvin B. Bardley, Esqs. Of Lock-
port.
After the court, bar and jurors had takeu
their seats, the public generally were adj
m'tted TO the extent of the capacity Of the
room, (Which is greater than that of any
court room in your city,, and in doing
which remarkable degree of regularly
and order were preserved. Judge White
briefly stated to the auditory the necessity
of strictly preserving order and silence,
and no disposition was manifested by the
audience to disooey.
The Crier then opened the Circuit
Court and Court Of Oyer and Terminer
for Oneida County, and by direction of
Mr. Hall, Attorney General, called the
name of Theodore Stone, witness for the
prosecution, who not answering. Mr.. Hall
moved an attachment against him, which
was forthwith issued.
The prisoner, Mcleod, was then brought
in, and placed by thu side of his counsel.
His appearance indicated man who had
! lived well, and felt much at ease.
Mr. Hall then called on the trial of Nc
Lcod, and the counsel for the prisoner
expressing their readiness to proceed, the
prisoner was arraigncd and informed of
his right to challenge The clerk then
proceeded TO call the jury.
After numerous challenge, SC, the fol-
lowin jury wfs formed:
Charles O. Curtis, of Paris.
Edmund Allen, Of Augusta.
John Mott, of Sangerlied.
Elisha Brush'a of Rome.
Iron Byington, of Camden.
VIM. Carpenter, of Kirkland.
Isaiah Thurber, of Utiaa.
Peter Teurber, of Westmoreland.
Asher Allen, of Augusta.
Seymour Carrier, of Steuben.
Eseek Allen, of Floyd.
Nolney Elliot, Of Kirkland,
The residue of the petit jurors were
discharged till s O'Clock on Friday |
night.
Mr. Hall, attorney general, then pro-
ceeded to open the case for the prosecu-
ton. He commenced by expressing
briefly but feelingly the delicacy OF his
situation, and the duty which had now
devolved upon him and the Jury. He
next reverted to the great excitement
which pervaded the public mind from
one extremity of the Union to the other,
in relation to the important tlal upon
which they had now entered, and the evil
dence of which was before the eyes Of
the jury, in the living masses which
thronged and surrounded the court house.
To this excitement it was the duty of the
Jury and himself to close their eyes, to
know it not, and to eschew its influence.
Their duty was plain. 1t was to elicit
the truth, to be governed by truth alone,
and to keep their minds and their judy
ments free from all extraneous influences,
prejudices and fears. Truth was his on
ly pursuit; and if from innate weakness
he fell short of the full performance of his
duty, he pray ed the jury to redouble their
own vigilance, and elicit truth throughthe
channels presented TO them, in all cases in
which he might be deemed remiss.
MIR. Hall then read to the jury the
greater part of the Indictment fround a
galnst the prisoner, al the Niagara circuit,
for the shooting and killing OF Amos Dur
fee, on the 30th December, 1897, There
were agreat number of counts in the i'll
dictment, some charging tn murder to
have been done with a gun-some with
pistols-some charged the murder upon
the prisoner, and others upon sundry
other individual S, named and unknown
the prisoner being pr sent and aid ing and
assisting therein. In these several counts
was included every species OF murder or
killing known to the statute; and these {
Mr. Hall briefly glanced over to the
jury.
TO sustain this Indictment, Mr.. Hall I
stated it would be proved before the jury
that on or about the 25th December, 1897, /
the steamboat Caroline, boat of some '
30 CT 40 tons burder, left Buffalo for
Schlosser The boat was manned by CT