The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-10-16

OF
on The evening Of this transaction TO what is called
the "Cut, and up the Niagara river--that he AT
the entrance Of this "cuth-that he at the bea-
con-light-saw the boats passing into the "Cut"-and
then he thinks he recognised Mcleod among the par
" embarkinE in the boats-it was dark-but the wit
expressed the certainty of his belief that he then
and there saw the prisoner. He says he went from
there TO Davss tavern, where portion Of these per-
sons came, and there by light which shone from
within the bar-room--or by a light out the stoop,
although he cannot remember any light hanging out
there-he Processes TO have there again Alexan-
der Mcleod.
He then SAYS that the next morning, gentlemen, be-
tween daylight and sunrise he heard some Of the men
in the tavern talking Of Mcleod being wounded, and
was over the opposite stoop-the witness looked
across he said and then thought he again recognized
Mcleod. He says he went over TO see whether NC
Leod was wounded-he saw no one apparently
wounded and did not see him. He was then inquired
of in relation TO the degree of certainty with which
he could say that the man whom he saw was Mcleod
and he said in reply that he saw man whom he
called Mcleod. Another question was put TO him,
and he then said 81 mean that am that it
Mcleod AZ that he now sits before me-
That is gentlemen, his testimony. He submitted
10 a long cross animation; and how far II went to
shake your confidence in his statements, il Is your
proyince gentlemen, to decide. There is, however
one consideration which will submit to you. Ii
is this that when YOU are TO Judge OF the credit to be
attached TO the testnony.of witness, 1t Is right and
proper that you should observe his manner on the
stand; the degree Of intelligence which he exhibits;
the amount of powers Of observation and accuracy of
recollection; and having done SO, you are to decide
whether his satisfy you that he is honest, and
on the whole whether his statements Of such
character when taken all in ALL that you rely up
on them and if not sufficient TO satisfy you alto
Cether you must decide in how far you should allow,
what degree of confidence you must repose In his
testimony, and that you will bestow on II, and no
more.
Ii is argued by the prisoners counsel that the de-
gree of darkness which prevailed them and is testified
to such made it exceedingly rash for this wit
ness to pronounce confidently that he able to
recognise Mcleod as we'll there here TO day. 1t
is also argued that he stands before you lmpeached as
to his character Tor truth and veracity And to sue
tain this impeachment witnesses have been called and
have Appeared before you and testified that ne lives
near the residence Of this Witness and he says that he
heard him speaking this subject think at some
former period when subp9naed, and among other
things he said he knew nothing in reference TO this
matter that could do Mcleod any harm any good.
The statement which he makes of what he said Is
somew hat qualified II is remarked the other hand
that witnesses who subpGnaed frequently make
careless and that this person being apoor
man, might wish TO avoid attendance on this trial
This is very true that persons often make careless re-
marks and had Drown made such statement in pre-
sence Of any who could have excused him from at
tending here then the plea OF counsel would have been
entitled to greater regard from you
lin 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 new nothing of sufficient import
ance to harm benefit the prisoner This, gentle
men, is the extent of that individuals testimony You
are take into your consideration, and are to exer-
else your judgment in reference to the effect u may
have in detractng from your confidence IN the EVIL
dence of Drown. may add that, in order to restore
your confidence in Drown, Bates was questioned and
in reply stated that that individuals character for We
raclty had laterly improved-that formerly he had
been incorporate man but he was now reformed
The next witness, gentlemen, Is Isaac T. Carson
he a native of this State, carpenter by trade he
had been at Chippewa in prosecution of his business
he tesfes that he at Mackln's store on the at
ternoon othe 29th of December, 1887 that he there
saw Mogin Usher, and the prisoner passing out OF
Daviss that he also him next morning at sunrise
with others on the " stoop y that he at some lit
tie distances that he could see only his head and
shoulders; that he telling of his exploits, and say
ing that he had killed 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 an analysis ofthis witness testimony, which
is spread several pages of my minutes You will
recoect gentlemen this witnesses testimony on his
cross examination, and will judge how far that weak
ened the force of the statements made by him on his
nicer examination There is one point however, that
demands your particular attention. This witness was
inquired of as to who else were present when he heard
Mcleod fourshng and Boosting of his having killed
Yankee. At first, the witness could not recoect
any one; at last, he said he could name one Caswell
He then asked whether he was present at this
trial, and he said yes. he was then asked when 1t
first occurred 10 him that he saw Caswell there that
morning, and he confessed that it was that very mo-
ment The Examination was protracted and in
the cou rse of It, out that he had conversed with
Caswel late as the morning OF the day on which ne
testified on the stand before you that they talked Of
the affair of the Caroline, and that Caswe informed
him that he was there that morning. Il may be that
that was all true and that it really did not
him that Caswel there, till the moment the ques
ton put to him. But you are to Judge OF that.
The next witness is Charles Parkes barkeeper at |
Davis Tavern. He testlfes that the prisoner went
TO bed at Davis tavern early in the day, and got up
between 8 and 9 o'clock in the evening-that gen.
tleman called for him and he went out-that half an
hour or three quarters of hour afterwards he saw
him between Davis and the Chippewa creek--that a
good many people were on the road-that Mcleod
into OF the boats-that at about sunrise the
next morning he saw him at Davs'--that he again
saw him few days afterwards in the officers mess
room and there heard him say that he had killed a
id Yankee--or something TO that effect
At the close of his examination this witness was
asked whether he could say with considerable
tainy that he saw Mcleod at the "cut, and he said
he caud--he was asked further and he said he had
no doubt Of the also states that 1t was pretty dark
that nj nh-and testiiies also To other things,
count of which the counsel for the prisoner contends
YOU should take his testimony with considerable grains
Of aIlowance-he testifes az 10 his knowledge OF Nc
Leod and among other things, says that he once
went to see him in company with brother-in-law,
whom he accompanied witness, In case his evil
dence was necessary-that money was paid to Nc |
Leud-but although he went as a witness, he cannot
recollecl the amount of the money paid on the occa
sion.
is also argued that this witness tells very extra
ordinary story in relation TO the manner in which he
has been induced 10 appear hee-that he started from
home to make certain purchases IN Bufao--that he
suspected some one who accosted him on the way
with design of arestng him ensure his attend
ance as a witness this uial-that he returned home
-apain set out and arrested il Buffalo before he
had time TO transact any busness-that further, he
was ignorant OF the laws OF this State, and was so
frightened by The alleged representations of Mr. Haw-
L., ID h., M n had nowpr To en- force his nd