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

.
and from them she was boarded, whilst her
peaceful occupants were asleep in her
berths, and with cutlasses, boarding pixies,
and firearms the attacking party chased the
persons on board, woundng some, killing
one and whether others experienced the
same fate we know not, and then having set
fire to the boat, the attacking party sent her
over the Falls"
This is brief history of the transaction
so far as it is necessary for you to consider
it for the purpose of understanding and dis
posing of this case. The acts have des-
cribed are held by the prisoners counsel to
have been excused in the individual per-
forming them for the reason, first, because
these acts were authorized, and secondly,
because done in self defence, and again be-
cause the whole transaction has already be-
come tine subject of negotiation between
the two governments, so as to deprive the
court of jurisdiction over the offence.
These arguments have been laid before
the Supreme Court, and that court, after
great research and deliberate consideration,
pronounced that this act of the killing of
Durfee, although performed in the prosecu-
ton of an enterprise like that have already
described, was murder, and it follows then,
gentlemen, that all who were engaged in it
are guilty of the same offence, and it is not
necessary that the arm of Mcleod should
have struck the fatal blow, to render him
guilty. Enough that he was engaged with
others in that enterprise. This question
then is to be excluded from your considera-
ton. 1t has it is true been dwelt on by
counsel on both sides in their opening adj
dresses, and during the progress of the trial.
| refer to it however to inform you that it
has been already adludicated on and is set
at rest.
Then comes the question, the important
question on which you are to pass--is Alex
ander Mcleod guilty of that murder! The
counsel for the people have presented many
witnesses before you, the tendency of
whose testimony has been to show that the
prisoner is guilty, and in order, gentlemen,
that you may understand and appreciate
this testimony, shall briefly place it re-
viewed before you. | shall divide it into
two classcs-the first branch embracing
the direct and circumstantial evidence 9TH
cr than that arising from confessions con-
Meeting the prisoner with this charge
the second class Of evidence will consist
entirely of confessions.
The first witness, gentleman, who has
testified before you is Gilman Applebv.-
He is the only witness who was on board of
the boat at the time of the attack. He was
the captain of the boat--he slept in the gen
tlcmen's cabin--hc was awake little be-
tore midnight, as he thinks by information
that there were boats approaching--he
arose and partially dressed, made his way
up stairs till he found his further progress
arrested-he returned, and again returned,
and had opened the door about foot when
it was violently pushed open by some one
outside, who then made plunge at him
with Il sword, which glanced along two of
the vest buttons and struck against the
metal button of his pantaloons.
He was considerably excited, but in that
momcntary glance he saw the features of
the man thus attacking him, and his impress
sion then was that the individual was Alex
ander Mcleod; but with all commcndable
prudence and caution--for which honor
him--this witness says that amid the agita-
ton of that moment, and in that hasty
glance which passed in the twinkling of an
eye, he cannot say that it was Mcleod. He
had once before seen the prisoner in Bulfa-
10, and it struck him at the time that his ap-
pearance was similar to the individual who
thrust at him. bu. it was only one hurried
glance, and he Immediately replied to the
question of counsel when on the stand here,
that he could not say that it was Alexander
Mcleod.
The next witness is Samuel Brown. He
resided at Chippewa, and was engaged in
tending bar for one Smith who kept 4 tav-
ern there, and he says he went up on the
evening of this transaction to what is call
cd the Cut" and up the Niagara river
that he was at the entrance Of this "cut"-
that he was at the ACKNOWLEDGEMENTS the
boats passing into the "Cut''-and then he
thinks he recognized Mcleod among the
party embarking in the boats-it was dark
but the witness expressed the certainty
of his belief that he then and there saw the
prisoner. He says he went from there to
Davis's tavern, where portion of these
persons came, and there by light which
Shone from within the bar-room--or by
Light out on the stoop, although he cannot
remember any light hanging out there--he
processes to have seen there again ACXan-
der Mcleod.
lie then says that the next morning, gentle
men, between daylight and SUNRISE he heard
some OF the men in the tavern talking Of Nc.
i.eod being wounded and was over on the Oppo.
site stoop--lhe witness looked across, he said
and then thought he again recognized Mcleod
lie says he went over to see whether Mcleod
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