The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-11
The Santa Fe Expedition---Triaio OF Morton
HarrIs and MoCnrmlck


the trial of Morton, Harris aud Mccormick con-
tanned in a letter from Jefferson City, dated on Sun
day morning last II may be relied on as correct.
JEFFERSON CITY, Sunday, Sept. %
Morton, Harris and Mccormick were put trial
Thursday evening, and il closed last night at nine
O'clock The Jury was first rate one, drawn prn-
clpay from Howard county, and was composed
mostly of old gentlemen. The testimony exhibited
about these facts Mason, one OF eight engaged IN
the murder OF Chavls (and who turned States evil
dence) swore, that last March, John Mcdaniel came
into Tie northwestern counties OF this State end pro-
posed to hm and the others 10 go TO Texas Join War
Ihed, march upon Santa Fe, ard TO lake all Mex-
cans prisoners they found out OF The territory OF the u
. tlhat no one was 10 be molested on our soil that
the company started from the neigbboIhood of indie.
pendence, The last oil March that they had proceed
ed about 10 miles, when they met a Mexican on
his was TO the United Sa,es-who was conveying
letters In to Col Stone, requesting him to send Cha
Wis mules aud provisions, 10 assist him get to the u
States. When he met them he was almost without
provisions, and IN starving condition that Nc
Daniel who had been elected captain OF the COM
pany al Hickory Grove, ordt red hun 10 be supplied
with provisions, and started him on his way to the
United States Both parties departed on their re-
8, ective journeys. Captain Mcdaniel had not pro-
ceeded tar, when he, or Brown, OF the men
gagged in the murder, insisted that this Mexican
should be brought back, as he might give such in.
formation IN the settlements as might induce the
U. ; Dragons TO follow them and break up the ex,
petition. This was opposed by Morton, Harris and
Mccormick, but he was brought back Mcdaniel
told Morton that he only wanted totake him On for
two or three days. so as TO get beyond the reach OF
the Dragons. When the two or three days had
elapsed, Morton approached Mcdaniel, and asked
him why he did not, according to promise, turn the
Mexican back. A quarrel ensued between them,
which ended by McDanel's saying llbe Cd
| id It am not the captain OF this company, and
my viii Is the law" Nothing OF any moment oc.
Cured then for five or six days After this time,
and when they had left the main track, and had ia
ken near cut, they came across the marks oil a
wagon, where they again struck the main Santa Fe
track The wagon had ipassed only short time
before. Mcdaniel prepared TO 90 In pursuit, and see
who they were, and, 1t Mexicans, to take them
and treat them they had treated the 1rst
Mexican. Their capture was opposed by Nor
ton, Harris and Mccormick Notwithstanding
| the Mexlcans were taken prisoners. When Nc
Daniel rode up TO them, he required Chavls TO sur
render himself a prisoner OF war to lie xas" he
politely bowed, and did so, and requeslad from Nc
Daniel receipt for his goods and fleets, IN the
name OF The Texan Government" and he made out
an inventory for Mcdaniel TO sign. 1t is not known
that Mcdaniel did sign it, That evening, when
nearly dark. Med opened box, and took the
money, which consisted OF gold and silver coin gold
aAd silver bullion, and purse containing 10 dou-
blooms; just three piece Tor each man. Searcy,
one OF the men engaged In the MURDER insisted that
| the three doubOops should be given TO these men,
Med assented to this, and all the men were called
| up, except Morton and Harris, who were on the
other side OF the creek, upon which they then were
encamped., When they received the money, Nc.
Daniel exclaimed In triumph, NOW boys, we are
| all in tor tive are all guilty alike"
Some time the next day, Mcdaniel made a pro-
position to Morton, TO make awaywith the SpnnlaIds
| Morton had, in the meantime, IN consequence OF
the conduct OF the Mechanics, determined to leave
the camp, and reurnto the U. States. Morton said
to him, Mcdaniel, sooner than the blood OF any OF
those Mexcans shall rest upon my gun, will die
upon these plains" This is the substance of Ma
sons testimony.
Berry, who had been introduced on the part of
the Government on the trial Of Profontaine, and
who was introduced on behalf OF the defence ,swore
that the reason Morton received the five hundred
dollars which were counted out to him by McDan-
lei the morning he lett, was, because, IN a confer
| ence between him and Berry, Morton said 1t was
better TO do than to have bloody collision win
Mcdaniel and his party that they, feared they
would be murdered 1t they reiused-lhat Mcdaniel
had said they must all be implicated In the affair
| 1t was proven that Mcdaniel counted out to each
one $5OS, including the doubloons, and that they
received and parted with it, but uEder such circum-
stances induce the belief that they were in du-
ress Throughout all the testimony, Mcdaniel was
proven TO be arbitrary, tyrannlca aud remcrseess.
ALI the testimony introduced by the def ndants
as to their characters, which they proved to have
been excellent.
Yesterday morning Thomas II. Holt, Esq of
your city, commenced his address TO the Jury on be-
halt OF the accused. AS you are aware, Mr.. II. IS
young, and has been but little time at the bar
de evidently much embarrassed by the respon-
sbiliy and novelty of his position, though his SELF
possession did not at all desert him, and his eye
| beameda consciousness that he equal 10 the
| occasion. HI had pronounced but few sentences,
| when every thing like embarrassment disappeared.
and he continued for about two uours IN strain OF
| hrlng and touching eit quence, that nave never
heard surpassed. Throughout The delivery OF the en-
tire speech, the attention OF the audience was en-
| chained in almost hreahless silence, and very ire
quenty all present, Including as well the large audi
ence OF ladies' and gentlemen, as the Judge, the Jury
and the Bar, were melted to tears. Mr.. Holrs
effort is spoken of by his fellow members
| of the Bar, and indeed by all who heard it, in
terms of the highest commentators; and IN" friends
of that young gentleman In your city and elsewhere,
may rest assured that Il may well add much to their
confidence of bis attaining that elevation IN his
profession which, from their knowledge oil MS char-
acter and talents, they have hoped and predicted ne
would reach.
Mr.. Vaughn of Kentucky followed Mr.. Holt, on
the part of The defence. did not hear him, but he
is said to have made very handsome effort.
Mr. Crockett, OF your city, closed tor the defence,
in spec ch of about two hours. He made strong,
lucid and oglca argument, which was listed to with
the utmost attention end interest, and fully sustain
ed the high reputation which had preceded that gem
| tleman here.
The District Attorney, Mr.. Blair, then addressed
the Jury on the part OF the prosecution, In very
sensible speech; after which, Judge Wells gave some
| instructions TO the Jury, rather untavoraole TO the
accused, and the Jury retired. The result ", OF
course doubtful, but there Is strong belief here that
the prisoners will he acquitted.
The Era of the 18th mas the following additional
particulars;
| The steamboat Iatan arrived from the Missouri
| river to-day at IL o'clock. She had on board the
two M'Daniels, and five others concerned in the
| robbery and murder Of Cbavis, on the Western
1 nroTleS. lney nave Deen 1cindUueu ~ sblc CitJ,
| for confinement, until the meeiiog of the Circuit
Court in Apr NEXT in this CT v, when all the partiee
| not yet convicted will be put upon trial
Prciontaine was OF the number OF prisoners
| broueht hither He wassentenced we learn, 10 the
payment of $1,000 fine and twelve months imprieon.
mept in the Couaty jail that being the csient OF
| punishment awarded by the law 10 cases OF this
kind. At his request, he was sentenced 10 De I'M
prisoned IN the ST. Louis County jail.
| The Jury in the case Of Morton, Mccormick and
Harris, could not agree, and they were discharged
To nInv md That MI
were tor the acquitta, and three for the conviction
OF the defendants; and it is further said, that all,
previous 10 the discharge of the Judge, had made up
their minds INF favor OF acqulttal The trial OF these
young men will have to be zone into anew at the
April term Of the Court Harris admitted to
ha il BY Indge Wells in the sum OF 5000; Morton Is