Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-10-15

they could sec any thing of the Caroline They did
not discover her. tut in the afternoon he saw her run
ming between Scblosser and Navy island. Beng
some what unwell he went 10 bed, got up about seven
in the evening, ind rode Capt Morrison :, where he
spent The night
The ne <, morning he was told BY Capt Morrison that
Col Cameron had Jus informed him that the caroline
was burned the preceding night. lie slept alone a.
Morrsons lie had never told any person lie was d
the burning of the Caroline nor did he ever e1n'u'' "
any person pistol with blood on H. The next docu
ment was the testimony Of Mrs MORRISON, sinilar IN
substance the evidence she gave iasl evening any,
addition, tina. her daughter Ellen had ,Sca wan NC
Leod, hut was never married 10 nm. 9'e "aS' nov"
ever, married afterwards to another map.
The ne 1t document the evidence oil iieien MOT
rison, who testified that Mcleod was al her iathet
house on the night the Caroline was hufned, and she
heard her father tell him next morning :" 'de olsh.hs
of the Caroline He wac told OF y IN 'e paf'o oeo,e
he was wholly dressed lie left the house about ~
o clock A NJ. Nc Leod slept there On Sh'slihas hisn
and had frequently slept there
MIR Hall then proposed TO put IN evidence the ndic
men, arans, several of the Witnesses tor the defence
a, in the burning Of the Caroline; but the
| court denied such evidence inadnlssble
Mr. Hall then proposed to read the deposition OF hus
.el inos taken under commission, which The Counsel
for the prisoner had declined I" read
Mr. Spencer objected, but the Court admitted it, and
il was read
| Rev John Marsh, who testified as oiio~s-l am
minister Of the Gospel, OF the Methodist persuasion;
was acquainted with the witness, Samuel Drown, Tor
years, in Canada and never heard aught against MS
character nor any thing to discredt his veracity
i Cross amined-l was intimately acquainted WIN
Drown and for year, while Down lived at St. Ca
tlarlnes, IN the habit of daily intercourse win
hun. lie was IN the employ of my brother ana myseH
part of the time. heard his character ques'
toned
Had and for The
secut,nn | reside in I.ockport In December, le''',
| was III Canada-at Chippewa the most Of the time.
ecol!eci the Of the burning OF the caro-
line.
Mr. Spencer interrupted the witness, and inquired
of Counsel what they intended 10 prove BY tins wit
ness;
Mr. llawlev required, that he intended By this wit
ness TO bu, the evidence The part oi Inc de
fence the ai'ti and I" prove that on the h9h "
the burning of tie Caroline, Mcleod was al Sh'pPe.
wa and mol al Mor7isons Also, tn sustain the witness
Drown, whose testimony had been attempted to m
peach. :
Nj. Spencer denied the right Of The prosecution al
Ter RESTING its testimony otter accumuave evidence
and IN tins poiot an argument of considerable length
ensued IN which the counsel for The prisoner quoted
from 24th Common Law Reports, Rex rs i'idrelh "a
Wendell, ..5, 81 Darlington and Paine, 40; and Is,
do 2i9 and Mr.. Haw."y tor the osscut'on read
from Cowan and Hill, 10, several pages III which
various authorities were quoted, sustaining The f'sh o.
The prosecution 10 the evidence proposed
IN, result, VAS dec sion Of The Court against &C
hitting the testimony proposed.
Saturdau half past - oelock.
The Cour, remarked that IN reply 10 argument Of
lered by the last speaker the Court must say That II was
bound 10 exclude and had excluded, all consideration
what impression is decisions might MAKE IN az"
portion of the public mind The Court vas 70 DECIDE
according 10 law and wholly Irrespective u the OPT
non of ans The Coc,l was sorry that any such
Imputaons IS those now advcrtd and 'ePuG:ated had
been mlGc.
The examination Of Smith now proceeded wih
Knew Drown assisting his twtinc.sQ brother
whsn Drown vas with lim, Vas called np by Drown N
the midnight OF tie bnrn'ng al the Caroline he
Attorney Ge neral then proposed 10 prove by THIS "lt'
ness ,at he with Drown, &c, 50 az TO establish
lie truth OF Browns testimony MIR. Spencer object
3D. and cited from I'D Wendels the decision 81 tie
Superior Court Oh similar question. Mr.. tiall re-
,lird He held tina, whatever threw light the truth
i, and yctacity If the witness Drown was evidence
The Court Then you abandon The point as 70 Drown
. declaration Mr. Hall.-les at present, bat not
hereafter The Court excluded the evidence
eros, examined resumed-NrYer heard anything
arains, Browns veraciy -hesId the testimony Of Cap
tain Sear.--w., the beacon light betweeen u and
oclock-there might have been four boats tia, came
IN together but thinks there were only hree-one icl
brow the cut and might have went INTO the mouth oil
the Chippewa crcck-he did not see II come 'n-peF-
continually passing aad rspas'ig along lhe
shore-scrae gave the c0un.e!si-n, ana GOOD many
I'D not found difficulty gong 10 the beacon light
had the coun,erssn, t forgo: Hb.fore ne sot 10 Tie
Sentaeis-thls occurred about one O'Clock
Can Won say whether, from anything you know, that
Alexander Mcleod could no, have been a, Mr. MORT
-An'a Stamford Ina, night between and clock
that morning:
Mr.. Spencer objected.
Mr. Hall Was as,onisaed that tat stage Of The trial
rigorous role had been INSISTED after such lLe-
raliy had been tested all along favor OF the PR
soner. lie trusted the Court would al decide that
the question proper.
The Court had a.fa! Excluded .utiicien ground,
questions gong 10 elicit the answer now s"neht-tb's
evidence was IN chief and reply, and OF course
was inadmissblr The Court then put The question
thus-If you state tina; Mcleod was not there for
any other than that he was at Chippewa, you
may answer-f not, you cannot answer The Court
, then adjourned FOR dinner.
, Saturday, , o'cioch p. "
The examination Of Plat Satin vas continued by
Mr. Hall, who asked the witness ii any delay had &C
, CURED al the disem tarhaton
mir. Spencer objected
Mr.. HALL only intend Impending the evidence OF
, Sears.
I Mr.. Spencer-Go on then
, Witnes.-There was delay only Of very few mi
nutes afterwards fell in with this patty: they stopped
Davis house, and asked II they should
vail for the others they did not wait witness was
there as long they stood there: whilst witness was
there the party from the other boats did not mp
Mr.. Hall then desired 10 ascertain from the witness
where the prisoner vas in the morning.
Mr. Hall would ask-Dd you the prisoner as
late as 10 o'clock at Chippewa, any other place.
{ The Court denied tina, this question might be put, as
none of the evidence fixed the tine of McLeods arr
val at Chippewa, nor where lie al 10 o'clock.
, The witness then replied that he did, about lC
O'Clock, see Mcleod go from DAVIS the bridge
down the Chippewa; there NIGH, have becn one per
son with Mcleod; he gong from the quarters o
Col McNab; saw him on the Sunday following; then
saw him very the guardhouse three quarters OF
mile above: i, was about eleven; did not know who
were with Mcleod: cannot say whether 1t Was Mr.
! 4, cd
l-one of the persons spoken Of as being McNa5-
j, was not he; stranger to witnesshe rode on
a white horse.
John c. Davis was then sworn, and deposed that he
resides at Chippewa-is the proprietor Of 'Dayls Ia
ve,n' there-was there when the Caroline was burnt
recolI-cts that tme-was then home-recoliects dis
nctly the transaction-knCw the prisoner at the ba
he usually stopped at witness house when IN Chip
pewa
Sir. Hall then proposed 10 ask the wItness-"D'd