Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1841-10-15

eu, nor were any OF those who went on boaru tnat
hight armed. About 10 o'clock the watch wasset as
IS USUAL and the persons on board retired TO rcpose,
unsusliclous OF danger they were UNCONSCIOUS oil
wrong, About IL clock THE testimony may vary
rom half p' / TO O'clock the captain was nrous-
ed By the watch, who tod him that boats filled with
| men were coming on board. Soon noi,c OF tram
| ping and shouting was heard, and tho men, aroused
from their -umbers, rushed forth, with what aticies
of clothing were al hand They rushed for the com
panion way, tho gang way, and every avenue that
| nigh afford chance of escape for her llves-soIne
were So fortunate as TO oacapc-othcrs were met by
armed men,, who thrust at them with swords and
pixies, and though everey wounded, yet they escap-
cd. 1t Is but too probable Gentlemen of the Jury,
| that there were others who, alarmed at the sudden
onset ty the cries and shouts, by the firing OF psto
| and the cries of mo Quattcs" and apprehens,e Of
beng put to DEATH secrecd themselves around the
| boiler and other places, and came forth after Their
rut'a"ly assaiIants had left only to meet the rushing
of the flames, and listen with bewildering horror TO
| the roar of Niagara.
But, Gentlemen, those who had escaped from the
boat, had not thereby escaped from danger Some
who had escaped their ASSISTANTS on the deck, were
| pursued INTO the warehouse, which was searched
| with lights to ascertain-in the language Of them
seves-if some of the DID Yankees were not there"
| Amos Duree, whose sad fate is the immediate cause
OF your beng empanaclled was found on the wharf,
some tour rods from The boat, with bal shot through
ms head the gun pistol beng fired 50 near HIM,
nat the cap on his head was snged with the flame OF
the gun with which he was shot.--lle was doubtless
shnt at the spot and died Instantly of his wound 1t
VIII appear before you gentlemen, that the assailans
| who committed this bloody deed, were a band OF
| armed men, between 10 and go IN number who came
| from the Canada shore. 1t viii appear, thatit was
secret and volunteer expedition got up for the purpose
| OF destroying the Caroline.
At that time gentlemen Of the Jury, there was on
| the Canada shore an army of $500 men, who were
collected the occasion of the SEIZURE OF Navy Is
land by body Of insurgents. They were avowedly
Tor tine purpose OF repclIng any INVASION by the nsur-
gents. From this time 1t has been alleged, that it was
a transaction more of military than civil character
that bong SO organized II was not to be governed
by the rules which prevailed in courts of justice where
the civil and municipal law alone prevails. 1t right
gentlemen that your minds should be dlsembarrassed
from al questions OF that KIND and to that end pre-
sent TIN, case broadly in order that when the evidence
comes before you, You may see lis force ana peang
upon the case will therefore subm, to you the de-
cson of the Supreme Court of this State IN the case
gwen on a statement OF facts, submedby the afhua-
VT Of the prisoner himself decision gwen after an
able and learned argument by the counsel for the prs
oncr and after great deliberations which has gwen
great and honors to the judiciary of our state
After That decislon that eston IS entirely disposed
Of and the questions which it is your province to de-
eide are distinctly pointed out to YOU
Mr.. Hall then read the very able oriron of Judg
cowan, delNeroi before the Supreme Court in New
York, which has already been published.
Mr.. Hall then continued
Gsntemen-Lct me now call your attention to
what has been decided in the case. The Supreme
Court has decided IN the LIST place. that II not 10
hr governed by the Laws of var nor by the laws Of
Canada hut y our own civil laws. Therefore, the
gJ,s ion before contains nothing more than if one
nm had Killed another and was put upon his trial for
h murder. IL comes under the organlzance OF the
same laws under which oil 1--we Ii has been de-
ried, :Hi y, that order from the British Govern
mvnt can Justify, excuse or pa!a,c. Another point
| IS that in order excuse the act on the ground of
| self Defence de!aniIng the country 1t must hay,
been done 10 RESIST an Immediate dangerous and
| prra-iur ault.
| The offence was committed aarinst % laws alone
an! not ullnst the laws of any other country. Blood
has been shed upon soil, aud we are responsible
for II and M other peoples AM II lie cannot be pun
shed hore h. nnnpt be punished in Canada. He has
v.ola I'd M law If canada, no law of the United
States. Here and here alone the avenger Of blood
calls upon vou, If h. be proved guilty, 10 answer for
the blood shed with the blood OF the prisoner. TIE
Su Court proceeds the oath Of this prisoner,
a Stunning all the statements. 10 be true, and takes
! ground that Durcc was in arms AT Navy Island
against the Canadians This places the prisoner IN
the SINE su9linn sa /! Va! Rensselaer, or a"v other
| Pairu General had te-n killed instead of Durfre.
| But the testimony vi s,ie~ YOU that the man killed
had little connection with as yourselves. II will
be shown that he was in no wlae connected with the
insurgents but that he was there in pursuit of his
own lawful b siness.
The only question left for YOU decide is qies-
ton in fact was the prisoner on" ofthe aasaing par
~ N the destruction OF the Caroline, and killed Dur.
| feel To that sinr,c point you arc limod. The
questions OF law have been decided by Inc Supreme
Court which you AMI tbs Court and all If us are
boun to obey, and Il for you 10 bear in mind that
,hn t.t,,n,ry, tn any other MONT an nroying his
presence At he scene, is to be thrown aside as lend
! NO only to rnharrns. Won The question then IT,
7s ,bo nris,n.r an, of tho marty ho destroved Tho
Carolire1 On his nont we y,ilIeyon,ine n,,merou.
u;,nesscs s,,no If yhom cav th,t an,ongst those
Who wcr.nvn,y.v Of the expedition The mi oner has
| Jc,l,rai he was on. we viii show lin, preyious
IN ,hoxnnl;i;on the ur,s,u,r vas one of ,hase ms,
ac,iy,l ang,oc in ro,,inci INN That tho dov he,,s
he ,.s,;, ,o Rf,, In ascertain whether The Carone
wos co,nnu down 10 Schlos.er. Th,t he took +,
drn aud nc,;y, interest in The Hi, and that on ,hs,
vcrv nveninr he was .n,,oed cnljstng persons far
th.exncJiti,n That on scyerol occnsion, he cyhi, .
;tcd n sword and non,nD 10 blood mon H. said thar
,r,s he bt,oJof1 ii y,uE,s Orr witnesses
viii move ina, the, say him 20 with tho bon.s on
The ~ eJri,n and others TIM, ;hcv saw him on his
Erntprn fran IT,
| Sn.t is ,hc n,t,r. of ,hs testimony shaving Won
what nav, rho p,js,ncr took in the eypcdon Ia de-.
nov the Caroline in which Amo, purf,e met hs
d,,,h LiI,lr nov remains for me. In, 10 l,y down
few ei,nnl, nr1o,sj,one viii you will kec,, in vour
minds in ord.r tho, 70 NAV nr9prr'y iuJrc If the
,ynoh, Of evidence Eeyin now siripnci The c,sa of
all cy,r,n.ous and foreign law. We come 10 try !, by
oar nwn law ms il I'M. been administered since we
b,ycha'n S,,,. inlcpcndent of En- pianJ md as !,
is ,6n;ois,rrcd m Ensjanl.
| Fiery homicide i, nresuned 10 he mnlicious and