Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-11-06

IL 10 ulSuOu W bhS ptlSOuCi COuuSbl lildt tliC
degree Of darkness which prevailed then, and is
testified to was such as made it exceedingly rash
for this witness TO pronounce so confidently that
he was able to recognize Mcleod as well there
as here 10 day. 1t is also argued that he stands
before you impeached as TO his character for
truth and veracty. And to sustain this impeach.
ment witnesses have been called and have ap.
peared before you and testified that he lives near
the residence Of this witness, and he says that
he heard him speaking on this subject think
at some former period, when subpgnaed, and
among other things he said he knew nothing in
reference TO this matter that could do Mcleod
any harm or any good.
The statement which he makes of what he
said is somewhat qualified. 1t is remarked on
the other hand that witnesses who are subpopnaed
frequently make careless observations, and that
this person being poor man, might wish to
avoid attendance on this trial This is very true
that persons often make careless remarks, and
had B rown made such statement in presence
Of any one who could have excused him from
attending here, then the plea OF counsel would
have been entitled to greater regard from you
Ii in truth the facts which he has here stated
were remembered by him at that time, then they
were all facts material, and he could not have
said, consistently with truth, that he knew noth.
ing oil sufficient Importance TO harm or benefit
the prisoner. This, gentlemen, is the extent Of
that individuals testimony. You are to take il
into your consideration, and are to exercise your
judgment in reference to the effect il may have
in detracting from your confidence in the evi.
dence OF Brown. | may add that, in order to
restore your confidence in B rown Bates wa:
questioned, and in reply stated that that individuals
character for veracity had latterly improved
that formerly he had been an Incorporate man.
but he was now reformed
The next witness, gentlemen, is Isaac P. Car
son-he is a native OF this State, carpenter by
trade; he had been at Chippewa in prosecution
OF his business; he testifes that he was at Mack.
Inns store on the afternoon OF the 10Th of De.
cember, 1887; that he there saw Mogin, Usher,
and the prisoner passing out OF Davs's; that he
also saw him next morning al sunrise with others,
on the "stoop;" that he was at some little dist.
ance; that he could see only his head and should.
ers; that he was telling Of his exploits, and say.
ing that he had killed a ID Yankee; that he
saw him again two or three days afterwards
that he then said he would like to be on another
such expedition, and burn Buffalo.
This is an analysis Of this witnesses testimony,
which is spread over several pages Of my min
utes. You will recolIeCt, gentlemen, this wit.
ness testimony, Oh his cross examination, and
will Judge how far that weakened the force oil
the statements made By him on his nicer exam
nation. There is one point, however, that de-
mands your particular attention. This witness
was inquired OF as TO who else were present
when he heard Mcleod hourshing and Boosting
of his having killed Yankee. At first, the
witness could not recollect any one; at last, he
said he could name one Caswel.
He was then asked whether he was present a
this trial, and he said yes. He was then asked
when it first occurred to him that he saw Gas
well there that morning, and he confessed that
it was that very moment. The crossexamina-
ton was protracted, and in the course Of it, it
came out that he had conversed with Caswell as
late as the morning Of the day on which he ties.
titled on the stand before you; that they talked
OF the affair Of the Caroline, and that Caswell
informed HIM that he was there that morning.
1t may be that that all true, and that it really
did not occur to him that Caswell was there, till
the moment the question was put to him. But
you are to Judge Of that.
The next witness is Charles Parkes, barkeeper
at DAVIS Tavern. He testfes that the prisoner
went to bed at Davis tavern early 10 the dav,
and got up between and o'clock in the even.
ng-that a gentleman called for him and he
went out-that half an hour or three quarters oil
an hour afterwards he saw him between Davis
and the Chippewa creek-that good many
people were on the road-that Mcleod went into
one OF the boats--lhat at about sunrise the next
morning he saw him at Davis that he again
saw him few days afterwards in the officers
| 81 IL Il. Ill
killed a id Yankee-or something to that er
feet
At the close Of his examination this witnes:
was asked whether he could say with considera
bic certainty that he saw Mcleod at the "cut,
and he said he could-he was asked further and
he said he had no doubt Of the also states that
it was pretty dark that highland testifes also
to other things, on account of which the counse
for the prisoner contends you should take his les
timOny with considerable grains Of allowance
he testifes as to his knowledge Of Mcleod
and among other things, says that he once wen
to see him in company with brotheriH.law
whom he accompanied as witness, in case hi
evidence was necessary-that money was paiC
TO McI.eod-but although he went as witness
he cannot recollect the amount Of the money
paid on the occasion.
1t is also argued that this witness tells a very
extraordinary story in relation to the manner ir
which he has been induced to appear here-tha
he started from home 10 make certain purchase.
in Bufalo-that he suspected some one who &C.
costed him on the way with the design of arreslins
him to ensure his attendance as a witness on thi.
trial--lhat he returned home-again set out, anc
was arrested in Buffalo before he had time tc
transact any busness-that further he was igno
rant OF the laws Of this State, and was so fright
ened by the alleged representations Of Mr