The Sun. — 1841-10-26 (London, England)

UTICA, MONDAY, OCT. 4, 1841. A few minutes past nine o'clock this morning, Judge Gridley entered the Court, attended by the usual Common Pleas Judges, (who, however, take no part in this trial), and the counsel engaged in the case, followed by the bar generally. The Jurors were next admitted, and when they were seated, the witnesses were accommodated with seats. The spectators were afterwards admitted in a very orderly manner, which reflects credit:on those who conceived and carried out the arrangements and regulations of the Court. There was no rushing for the seats, but every one entered as though the Court were a parish church. No more were admitted than could be comfortably seated ; and, indeed, no more appeared desirous to be present. Persons at a, distance, who are wrought up to a feverish excitement on this subject, will be astonished at the apathy felt here ; but so it is. At fifteen minutes to ten o'clock the Crier opened the Court with the usual formality, and Mr. Wood, District Attorney for the county of Niagara, applied to the Court for an attachment against Theodore Stone, of Lockport, Sheriff of the county of Niagara, for disobedience to a subpoena served upon him on the 27th ult , to appear at this Court at Oyer and Terminer as a witness for the prosecution. The Court—Take the order.  A few minutes before ten o'clock the prisoner was brought into Court, and he walked deliberately to a seat within the bar near his counsel. He was dressed neatly in a suit of black, and was wrapped, as he entered, in the ample folds of a blue cloak. His counsel shook him cordially by the hand, and he gracefully returned the salutations of others. He is a man of gentlemanly bearing and demeanor, and he appeared respectful, but not embarrassed.  Judge Gridley—Mr. Hall, are you ready in this case? Mr. Hall, Attorney-General (with- whom was associated, for the prosecution, Mr. Jenkins, district-attorney for Oneida county; Mr. Wood, district-attorney for the county of Niagara; and Mr. Seth C. Hawley, of 'Buffalo)—lf the Court please, I move on the cause, the people against Alexander M'Leod. Judge Gridley—Are you ready, Mr. Spencer? Mr. Spencer (with whom were Mr. Bradley and Mr. Gardner)—We are ready. Judge Gridley—Then we will proceed with the case, and as the Clerk calls the names of the jurors, they will advance to be sworn.  Mr. Root, the Clerk of the Court, called the prisoner, who rose, and was informed by the Clerk of his right to challenge.  Charles 0. Curtis, of Paris, was the first juror called. Mr. Spencer (to the Attorney-General)—Do you purpose to put any question generally to the Jurors? Mr. Hall—Yes. (To the Juror)—Mr. Curtis, have you formed or expressed any opinion as to the guilt or innocence of the prisoner?  • Mr. Curtis—l have not. Mr. Hall—Have you any conscientious scruple's on the subject of giving a verdict involving life? Mr. Curtis—No, Sir.  Judge Gridley—Let him be sworn. Mr. Hall—l will ask, if the Court please, one further question. (To the Juror)—llo you entertain an opinion founded on motives of public policy, or otherwise, that the prisoner ought to be exonerated from punishment whether he participated in the burning of the Caroline and the murder of Durfee or not?  Mr. Spencer—That is a new question. Mr. Curtis—l feel desirous that justice should be done. I have formed no opinion.  Judge Gridley-2-n strikes me, where a juror is interrogated in this formal way, if lie answers that he has formed no opinion, and that he has no conscientious scruples on the subject of giving a verdict which may involve the life and death of the prisoner, the whole ground is covered.  - The Juror was then sworn. Edmund Allen, of Augusta, answered properly, and was sworn.  John Mott, another Juror, said he felt as if it was his duty to be governed by the evidence. Joseph Cauldwell, of Whitesborough, had conscientious scruples on the subject of capital punishments. Mr. Hall—You may stand aside.  Judge Gridley—What are those scruples? Juror—l never felt willing to bring a man in guilty where the law pronounces the punishment of death. Judge Gridley—l think it is better you should stand aside ; but it is no portion of a Juror's b usiness to look to consequences. Mr. Jenkins—The statute makes it cause of challenge, if your Honour please. The Juror was told to stand aside.