Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1841-10-05


position. II Was in,Imaied some days since
tina, the Chief Justice might not feel able to
attend this Circuit. aud that Judge Cridley
would not undertake the trial at once, rs. not
expecting to Try IT, hc had no, prepaicd him
self, aud wished time 10 consult authorities on
the lmporian, points Of International as well
rs criminal law certain To arise.
Three Judges of the County Courts appear
ed on the bench with Judge Gndley. The
Court House was crowded, 10 good part, with
Witnesses and persons strongly interested IN
the tual
The usual formalities Of opening a term Of
Court, swearing IN the Jurors empnnneled, &c
having been completed, the FIST case called
was that of The People Of the State Of .iete
York vs.. .iierander McL,od indicted for the
Wliul Murder of Amos Durlee, al Fort Schlos-
scr, in the County Of Niagara, in December,
1897.
Mr.. WiHi, HdH, Attorney General respond.
ed on behalf Of the People He handed to the
Court list of witnesses summoned on behalf
Of the People, which was called over by the
cncr. A portion only answered to their
names.
The Court inquired when the case would
be ready for trial. The Attorney General re-
Piled that the case on behalf Of the People
vas ready no,e. lie moved that the trial pro-
coed.
Dir. J. "A. Spencer, OF Counsel for the pris-
oner, submitted his reasons for opposing the
motion. His associates Judge Gardner of
Rochester and Mr.. Bradley of Lockpor,,) were
both still absent in Canada coec ting ,estimo-
ny. He expected their return daily, but was
not ready to proceed without them. Uncx-
pectcd difficulties had been encountered in
the obtaining OF testimony. The witnesses
had since 1887 become scattered over all Brit
ish North America, from Lake st. Clair TO the
Gulf of st. Lawrence. Many OF them had
been found and their testimony taken, (of
which three large packages were produced in
Court y but others whose evidence was inn
portant had not yet responded. He could not
feel justified IN gong To trial IN this state OF
the case, and he moved that the trial be set
down for Monday next, October 4th) which
was the earliest day that he could feel certain
OF being ready.
Mr.. Hall felt bound to oppose so long a
postponenent. He would do nothing TO de-
prive the prisoner of fair trial but ample
time had been allowed for preparation. The
opposing counsel were well aware that the
trial came ON at thus time while great num-
Der of witnesses for he People had been at
from their homes, and were now in attendance.
They could not be detained here whole
week beyond the time necessarily employed
IN the trial but at great inconvenience aud
hardship TO them.
Judge Gridley reserved the question for the
present, but with the right to the Attorney
General to renew his motion on later day o.
this week, should he think proper to do so -
4 He then made a hripf "a nd onnrpnriote adde's,
to the Jurors empanncled, reminding them o
The great responsibility resting on them, o
their sworn duty to avoid all grounds of ba,
or prejudice on the question which a portion
OF them would be called to decide, to iepe
all attempts 10 influence them by rumors ant
indirect approaches as well as otherwise. III
directed them, should any attempt be made Sc
to approach one or more Of them, TO give in
formation to the Court. by whom the otienc,
would be promptly dealt with.
The case was then dropped and the Cour
proceeded TO the trial of civil causes
, | understand from the Attorney Genera
that he will feel IT his duty to call up the cas-
again on Thursday, if no good reason is offer
ed for further delay. Should The opposn
Counsel still insist on delay, without turthe
reason, he will probably be obliged to swea
of the cause--in which case it goes over I
: the next term, unless by special agreement
| think, however, 1t will he tried at this tern
and hope commenced this week. The war
Of preparation on the prisoners side is de
;, plorabe, every hours delay will tend ,
Il produce excitement, and give opportunities
prejudice the Jury.
have already heard enough to convince m
that there will be some hard swearing ar
most amazing contradictions OF evidence G
4 this trial. IL will be sworn point blank t
u persons who profess to have been engaged
,e the attack on the Caroline, not only that tn
a veritable Alexander cLeod was actively c.
r gagged IN that enterprise, but that he order,
T. man to fire at Durfee on the American shor
n AMI that, on the mans refusing, he Mac sci
"a ed N gun from the soldier, hands, and shot Du
et fee dead This is but an item; and the e,
Is dence will be equally positive and particul
e N the other side.
% We do not doubt there will be awfully Ina
a' swearing-but rigorous cross-e1aminati
'' cannot fail, we apprehend, TO expose II a
y" justice will rot, we trust, he slow 10 punish
n,
c" lFoodeH Legged B,gavlIIf.--hn individual ma
~ e Cah resident Of this city, eh here for Liverp