Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-10-19

d.yc,opme. &c ,rat.i--thc establishment "i tue .hto
cence Of McLeod-and the securing Fe'd'c' ~ az
cui,,a shat now propose 10 iespass on you! patience,
ma ,n,, to you suca considerations as seem !" ps
worthy o. 5ens reflected Oh D. y"a-snch Is inr case
calls :r-such a. the pr: aas t.sht 10 d-liahd-
and such ~ oar State and cema'n County MAY fFa
s1a.slF expect.
..As itos occasion, gentlemen, u remark in opening
r, c,s aud - the cr:enc. ha- fully disclosed II
. one d. greater Importance than any other ever brought
s,r5e lmef;caa a.' ior 5tsi ir'ai Involving Tue
l. q. an individual 81! tunes %! s@!!ecn, iaeFtsi
10 ag aker the dee PEI! emotions oi The human iedf
5u; We mus, CONSIDER tbs tfal - involving other m
,ercsts lyIac beyond the l,e or death OF Alexander
NJ cod aal I.,ch need cal be referred 10 to a:aSe
deep e,otjuns e:cy American heart thai :hsoss III az
American 5":e:n
.Ca yon gen.l,nen after al that Is 10 Re sad ly
counsel .hl have been uttered. and after the delivery
III IN. Honor ctarc will d. yolye these great aat res
n7nsi5.e duties Ga you rests finally tIe Whole I's
ton and YOU alone will lie country look tor pro-
per disposal OF IT, Your duty, until you come 10 final
ie;.r.n.ltion that II ptiirn and attentive Lcaiihg
of fort rightly 10 Understand al! ,i!ai cab be sad
aud particularly appreciate all that Ray Lave been
proved Patience III! attention are your h:st cu'ifs
and afterwards careful, del beaie, anxl"ls conse'en
tous Considerable, ii what has brsn submitted 10 yoo
and .:cr vu shall hare retired ."r delberdton iieh
q IL come ;s time when the full OF tile great res
possibility Of your position ..ii dero.re upon yen.
lie was proceeding with the examination oi tie 'rs
,nony y hen the Court adjourned Tor dinner IN ''e
{ evening, SIR 5 concluded his speech
MIR jenkins THEN rose behalf oil TIE P'nseeu'""'
and concluded in the II ght. Ia the course Of his Pc
rora,ion he "sevefely anin.advefec upon the lshua
j ton ,!rnwn into aIs argument ~ us ieafhe" up
roa. Mr. Spencer( for iir iniiinicatinn OF Inc i"!
that verdict Of guilty frin '''e''' ""'''
.n,vc ~ cct;n,ry IN IA sangu:narv war win ufea
,,,.., Ti,t ,n..nuaticn aud the intimidation II was
n.a NJ l. produce the learned speaker assured ih' f;
/ . y.os .lsir Gu;;--a duty rendered 'ncam1tL. upon
,c,n - .!.ef oa:iS as iros' - 'r'F hoh'f a. A,
49,, ri;.zens ana rs tl:er national pride aud sense q
! Iona, is,icc-to throw % the Withstand 10 be 90
vcroeG IN tie ai,ng Of Their verdict, hy no extra
nso, consitr ra,icn and be Influenced h no ccns-
.,aon NJ, expressed in The oath They had taken 10
r.rde, verdict i'll accordance With liz testimony, AND
;panerce,! h: the iestinGn; alone. THIS duty they
owed 10 Their coan,fy-;hey had 10 their coLa
j T.: u pe.!onli-and i the. country ti:y must ea'e
! the consequences, lie they wha; they may
.From ihs.e remarks, Mr. Jenkins passed on 10 the
cons pra:,on Of the testimony acduc,d III behalf oi the
misunderstanding out lis discrepancies, and arguing
upon hat ,r deemed contra d'ctoy portions us M
| cung7 ues, ami lis aiiacies From the restrictions
which are placed upon Tie mode Of taking testimony
br commission, he showed that, under the commissions
taken oul Tor taking tic documentary evidence IN Ca
nada produced upon this iai, that the prosecution Il
bored un.rr great disadvantage, and lha aGi The Ec
cessary formation % the incTr'gatcfss, here, u was
within tie power Of the witness Ia withhold much, very
much of the III. osait matter that personal eAatai
n7,ion On the wli:ess stand would compel 10
disclose Mr. jenkins concluded his speech lev
n,nn,es pas, ! O'Clock, having spoken three hours
Notwithstanding the late Eour The Attorney General
M. Hall. need tie closing speech III this
lie spoke abou. one hour hen liz Court adjourned
TGesJay, Or,cLer II.
Nh Hall at lie opening Of the Court resumed and
continued his rciaarks lie relied with great conf.
aencc upon ine acts al Mcleod p.lor 10 The day on
!..c lac Caro-" deslro; ed. ms trip 10 Bufao,
his return Chippewa, and The information gwen By
tic vicinity Navy lsaGd in search ct her, and part
cnlarly ia- private meeting with Drew and others III
Macans store on the evening Of the 9Th, as sworn
10 liz Corson were circumstances, winch he con,enfeG
v;;h rrca; ability and eloqacnc" went la, very lar !"
show the probability d Nci.eod's connection with the
i Caroline aim.
I IL then proceeded % comment upon The evidence
II nose vino lad testified positively and coa'"ray 10
&c ccc participation III the destruction 81 the caro-
line. lie pointed out Tie strong points ' their tesii'
nopv and con;ended that il was morally impossible
tina; these witnesses could have made up Their story
and sworn is truth, there sas no foundation "T
H. lie also lad erea, si:eSs upon Tie hoas's made q
efficient times by Mcleod, particularly those made IN
the presence n; men vino cJnrsseGly wee pariicipa
. H." affair. "hcn lie did 50, vas Is i ever!
these .p: had testified before ihr Jury On iiis
OCCASION S.c situations we're n"t usually selected by
.cic radocas-no. could sLc siorious boast
ilss y aat!r II such places, "ithont meeting ~" o.
rec; ard pointed. contradiction. The Jury must there
fore convinced that Mcleod told the truth when ke
,hts recuGntcd his exploits.
Having gone through y It'll several witnesses on the
part oi the p.osecut;o he closed this part oil his argu
:ne:.i by saying that all his experience ne hac ne
yer known prosecution 50 clearly and uneguv"cal!y
made out o.a,s. the prisoner, was tie ca" ~ TINS
instance lie CONTESTED tia, !c snrp5.s' q, tat -
sac peculiar tia. s they lad been ai.r 10 i:'id
such difvc and positive evidence .. the gut u t:e
prisoner.
IL t,en proceeded - comment upon the defence SCI
~ N his cause Il what IS technically called IN
aji-an this species Of defence has been described ~
pun upon the word, a-iie-by. II IS universally
Icrrd the books and amongst the profession, as
the weakest kind Of defence. 1t - called lie common
rcsor, n -lons and wei does deserve its appraion
II enables Inc ielon 10 choose hs own tre-h's own
place and his witnesses, and almost always an
.hing would Le 10, that the prisoner required
WIS the species OF defence and The hardest 10
rebuff II was therefore, always to be regarded by
courts and jarics with great suspicion
He then commented at considerable length and mn
nutcncss upon the testimony taken upon commission
lie particularly referred that Of Sir Allan McNab
.Who said the At,ornc :. General, this SIR Allan
McN4b II appears that be was lawyer IN Caiada-
Ina, he was Captain general Of the $3.50 or 3tco men
collected at Chippewa 70 guard her Majesty d''n-
Mons agan st the handful Of patriots on Navy Island
During the .c or six weeks lie in cormand at
Tia, place the only act Of cGi:ary va"r performed
b. him. The planning o. this same tas'ardiy cxp",
d,on asanst the steamboat Caroline. Tor i''s, and
his alone, did hc receive the ionors ot khghnoou III
ancient hncs u was customary ~ 'c -"
knights emb!azon upon their cres, some emblem oi
the deed Of daring aud vaior for which they received
their knigiihnod What would hc the appropriate en-
bcm for Nc Nab 10 emblazon upcn ms crest: Nothing
) more appropriate thaa the bloody knife and blaz.ng
torch Of the midnight assassin, can be conceived =
IL, that stand forth as his emblem rnd let INN hold i
forth 10 tie gaze Of the whole world Again, 1t was
customary for knights, IN o!en tme IN swear-and It
was sacred oath-Ig their knch,hood J., sand The
learned gentleman, could not divcst my mind Of The
INN u :C lest
that he was swearing .fsr lis knghihocd :
lie then Glsscc;ed McNabs deposition in detail
He pointed out the various contradictions which II en-
braced, and maintained with mech iurce, that such
swearing by vhoitsae vas wholly unworthy OF heiei
aud ought 10 have weigh, The minds OF Tie jnry
The remarks he applied with great force 10 the
testimony Of all who mad sworn that they "ere on the
expedition lie reminded the jury that every one OF
these swore with perfect impunity. NJ sword Of
Justice hung Their heads. ACCOMPLISHMENT Tor their
..nir l.raLS I've inr