Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-10-14

ara ISIS, and he testified that Mcleod was at lhu
Hotel from ON Dec. 81, 1887. to Jams, Is3s.
Kew John Marsh, Mehodilt minister, residing
C9'PPowo, was then examined rs to the charoc
ter OF Samuel Drown. lie knew HIM in Canal,
and knew nothing against him.
i'att smith, OF LockpOrt, was then called an,
sworn. upon beng inc uired OF what he cNnecte,
to prove 10y tins witness the Attorney General in
formed the court that he intended to rebut the ties
umony given 10y the defendant, and sustain the ties
unony OF Drown, 10y showing, by the witness tn,
same facts which Drown had stated on his cAami
nation, and also that Mcleod was at Chippewa on
the night the boat was attacked.
IL was objected TO by Mr. Bradley Of counsel for IN,
defendant, who insisted that the prosecution havinp
rested, and tho defendant having finished his case
the peoples counsel would otter no testimony
excepting such as was strictly replicatory to that ot
the defendant. That no cumulative evidence could
be given IN this stage OF the case The COUNSEL
quoted Car. and Payne 29g, Cowcn and UII,,
notes al, as containing the doctrine upon the sub
lect. In reply the Attorney tncral remarked that
me counsel Tor the people had produced various
witnesses TO prove the charge. They had f,lIy
made out their case and rested. The prisoner now
produces testimony to show that he was at Morn.
sons and away from the scene Of action. We now
dese TO disprove the abb, shown. that he was not
at Morrson's, but that he was actually at Chime.
wa. Had We anticipated the ATTEMPT to establish Al,
hUoi, and brsughi forward all our witnesses to dis.
prove II, by accommodating mass Of testimony upon
tnis one Tact, which We had clearly established
should we not have been trilinc with the tim, Of
the Court The testimony offered is IN fact strict
~ repicdtory. IL is to rcbul the fact that IN, pr
Sonos was ut MoTrson's-,o show that It is impos.
siOle that he was there.
MI. Spencer rose 10 answer the Attorney Gene.
RAJ but the court interrupted him. DECLARING il nm.
hecesS'ry--ihat the doctrine, cs laid down in the
various cases upon the subject is, that in criminal
case, unless under very peculiar circumstances which
allow the luuSe the exercise OF discretionary now
or, the order Is 10 be Iisdiv adhered to- tL,t tho
prosecution having rested aud the prisoner replied
"u ''s'eu the prosecution can only offer testimony
10 reout the new facts shown by the defendant or 10
lmpelch hts testimony, and that no evidence NOT
strictly IN reply, can be received His Honor
therefore held that the counsel tor the people could
bring no more testimony TO show that tho prisoner
was At Chippewa, at the embaTkation or dsembar.
Aaion of the expedition, or that he was engaged in
1t.
The Attorney General then offered to prove that
the prisoner was at Chippewa on the nioht IN
! question. Tie remarked, that the counsel for the
people were taken 10y surprise, and that IL was inn
poEtSn Tor the great ends Of Justice and the ieycl.
| opment oi truth, that all the peoples evidence
should I've before the tribuna and he felt insured
tNa' II portion OF It were excluded and the pris-
phcT were thereby acquitted, the public mind would
remain unsatIshed OF his innocence. and the cause
/ OF public justice bc deeply affected The court,
however, declared that to admit the offer OF the Al
torhey Gsnera. would be papably to cyade the spir.
u o. the rule. And am | going, added Ju5ye
Griiley, To hear the argument addressed to mo
that the public may not feel satisfied with my ,!ccis.
lon-that u the prisoner should be acquitted under
my ruling OF the law, the public would not DO con-
| NlnceG That he Is lnnnocenu-l am sitting here IN
decide upon the rigid rules oiaw which are appIi.
saoe 10 the case, and IN the discharge OF that du-
! ~ have no right TO look at any consequences 10
Which severe and impaE;Ia. declaration Of them
may lead.
The counsel for the people then offered 70 prove
10y the witness that the witness Drown had told the
same story which he here testified TO- long pre-
vious TO the trial, oS corrobrat.on Of his ,ssmo-
| NY. The evidence was objected 10 and exc Ided
| The counse. then offered to prove by the vtness
/ that he was walked ~ Down, and went win
MN 10 the points where Drown, in his direct exam,
hatIon, had declared they went, and thus by infer
cncc corrooraic his testimony. This was 6oh,c-
&C 10 aud excluded as being incOnlrctent SO far il
should be cumulative testimony on the main ques-
ton, and !mmateral far rs o. only went 10 urovr
That Down tod the truth in relation TO matters no,
| ~ question or material 10 the issue.
The witness then testified that the boats returned
from the expedition between twelve end one o.
CLOCK, and his impression there were but three
boats. lie saw one other boat fall below the mouth
OF the Chippewa. The witness saw u great many
people on the road between the point of emblrLa
tlon and the bridge, and observed no difficulty in
passing without the counersIgn. lie had IT, but he
thinks he forgot IT,.
questions:
Isl. Do you know any place where Mcleod ,oas
mol between o'clock and sunrise on the morning
the Caroline was burned
2d. DO you know ghat Mcleod was not at Lieut..
stTuctOn OF the Caroline
The Court. shai. ins,ruc, the witness tina, # he
knows McLecd was not q: hou sons for the rsa-
son that he was at Chippewa rs testified TO sy lbs
other witnesses, then he may NOT answer the gues-
tons. Il he knows he was not foc the reason tl,t
he was somewhere else, he may. The witness did
not answer.
The witness was then asked as to whether he
saw Mcleod during tina; day, and he testified tho;
he saw him between 10 aud II O'Clock in the fore.
noon. lie was going on foot from Davis tavern 10
The bridge over The Chippewa creek.
John Z; DAVIS, the keeper ofthe tavern was then
Called his testimony was no. material tOany Doin,
IN the case. lie the boats returning before thew
landed, and went home and went 10 bed
Ph..o Smith, the Tavern-keepsr, with whom
Drown lived, simply stated that Down was i'm his
employment, and that he eft on account Of some
difficulty with the soldiers who were a5ou, to mob
him.
James NJ Dyke Of Niagara, testified tina, he saw,
McL.c0i at Stanford on The day .Ea Patriots evac.
va'Ga Navy Island. twas IN tie forenoon and
NeLepu was hicA.ng Hs horse 10 his Wagon ut a
small house which the witness then s.ppossd yy1,
Captain LIEUT. MUrrisou's, gul which he now,
knows was rot, but was near them on the oano.
ste SIDE OF the road. lie wen; from Chippewa to
Niagara on the morning ct'er the Caroline was
burned but is sure he did not meet the prisoner
then.
Upon his cross. examination, the witness testified
mat lie had great many times stated that he slw
Mcleod o. MorGsOu's on the morn.ny afcr tho
burning Of tie Caroline. A,the time Mel cod vas
arrested, and when he heard that he declared he
stayed al MoWls1n's that night it occurred 10 the
witness that he saw him haTuessIng his horse in
Stamford, and he confused the time 10 his mind with
the time when the news IT tho evacuation Of Navy
Island reached him, and said tina; he saw him
there tha, morning. II be had been called upon 70
testify then, he should have sworn TO o.. lie verify
believed b fora long time, un, the facts occurred
TO him, md he is now sure his present impressions
are correct.
Timothy Wheaton, witness who was absent AZ
the time the prosecution rested, was permitted 10
testify ln chIel. lie testified 20 HcLcod's decIara
ton. That he was the second man who boarded
the Caroline. ]! was made az NHgar, sn tie fan
Of l-5-. The witness De ongcd 10 a Patriot lodge.
and has appearance and examination DID nor add
much weigh, TO the case on the part OF the peop.c
The reason Of the witnesses absence 10 the Time he
was called was, that he earned tina, two Of Lg &c.
qualn'arccs had been arrested 10 Chcnung county.
for stealing, and carried through this city 10 H,rk-
mer, fer examination, and he had gone 10 Hcrkimel
10 see them.
The above is DOWN % O'clock. When I left
Court u was expected that ~ other witnesses wou d
he CE mined.
u------------s--s
From tho raHJua. Iu.II-onscr
MNRrLAED ELECTION.