Ohio State journal (Columbus, Ohio : 1839 : Weekly), 1841-10-20

              Stale Journal. 1110 VOLUME XXXII. COLUMBUS, WEDNESDAY, OCTOBER 20, 1811. NUMBER 8. PUW.18IIED EVERY WEDNESDAY. . UV tllAm.KIt HCOTT, (PlMhhtr of the Luke, IfC., of Hit Vnilrd Statu.) Oi-fice corner of High and Town streets, Buttles' Duihtiiig. TERMS: Thkkk Doi.i.aks PF.n ANSUM, which may l)0 disi-hnrgL'd hy Ilk' uymi:iit of Two Dollars ami Fifty Cauls ill advance, ut the ollit'C. All letters oil business of the oflicc or containing remittances, must liu posl paid. O'Fo.stniaiitcrH are permitted by law u remit money lo pay subscription to newspapers. TRIAL OF ALEXANDER McLEOD. lit'ca Oyer und Terminer, October 4m, 1811. Before Judge Gridley, anil Judges Wltite, Kimball, anil Jones, of the County Court A part of the first day was consumed in the empan-nclling of tho Jury, and the preliminary opening by Mr. Hall, Uie Attorney General. The first witness called to the stand was Mr. Wells, tho owner of the Caroline, in whose testimony wo find a more detailed account of the dastardly attack upon that vessel, than wo have ever before seen. William Wells I resido near Buffalo ; was bom at Buffalo; am 33 years old. Owned the 8. U. Caroline; purchased Iter 1st Dec. 1837; she was lying m ship canal; fitted herottt, uindo trip to Schlosser; laid up there about (i o'clock, P. M., and made fast to the deck with chain cable; frame timber dock. After making fast, ate supper, set a watch about U o'clock and retired; it is usual to set watch on steamboats; Sylvnnus Staring was on tho wutch; woke about 12, as he was told, by hands coming on board who said their berths were occupied; directed them to be vacated; were occupied by strangers, who came on board to lodge; lay down again; before I fell asleep watch reported bonW approaching, tilled with men. CapL Appleby and I directed him to let no one come on board from the shore or river, and order thorn to rctnnin where they were. Watch stepped away; returned and said 4 or 5 boats with armed men were coining, and called us to " come on deck." Got out of my berth, pulled on part of my clothes and one boot, when I heard a noiso; the report of one or mora guns und feet on deck; hoard nothing said distinctly at that time; tlioro wns more firing; dressed complete, because I thought they wanted the boat and knew I could not prevent it, as they had possession of the deck;secnrod my pliers and started for the companion way. Before I reached the stairs, heard the order to " give no quarter to tho damned Yankees." Capt. Appohy was just ahead of mo asked liim what we should do; A. replied, I don't know, tried to go up stairs; A. placed one foot upon deck when some one on the cylinder took hold ot his collar and shoved him buck, saving they would kill him, which crowded me down stairs. 1 went back below, turned round to the right to p'ui the forward boiler, which was below deck, to make escape from forward hatch; while I stood looking, a man jumped down into fire room; 1 was standing aside of anil little back of front of boiler in the dark; he turned round, took poker, and commenced poking the fire, as I supposed, to get up steam to take oil' the boat; I stood till ho was busily engaged, then went bock to tho cabin stairs: I went up, intending to run out; ascended on hands and feet; I put my head up to the cabin door, which was open, brushed against tho calf of a man's leg standing on the stairs; was not yet at the top of the steps; thought he felt it, and sprang below; turned round nnd went forward again; run against some one, supposed to be one of the attacking party; he spoke; I knew his voice; did not name ono of his men in tho boat; passed each other he to the- cabin, and I to my first position near tho front of the boiler, looking for a chance to escape up the forward watch; man raised up from furnace, stepped in front of me and seized a man by tho collar wlio was concealed in the wing of the boat, and pulled him out to the light; asked who ho was, and what doing; ho said ho belonged to the boat; it was Durfee; knew him as he stepped aside, and learned his name to bo Durfee next morning; he pulled him along to hatch pump, telling him to follow on deck, or he would blow his brains nut; felt in Ins belt, but saw him draw nothing; I), followed; held on to D.'s collar, last step let go and 1). sprang on deck; intending when he saw mo to surrender, but when I), was on deck tlwilL'lit better not from what he saw I), trying to get on shore turned eyes to starboard river sidoof boat saw small hole 8 inches open, and thought ho would cot overboard and swim put head out, saw boat full of men under him. Went into oiler cabin, threw off overcoat to swim retired to lire-room, put head out of hole, and saw boat with men armed in it; ono standing in bow as if he had thrown painter of yawl on the steamboat near the bow, swinging round with the current, bow up stream, small boat on tho river side. Steomboat registered lotons, low Dowot yawl just tin der guards; could step from the boat to tho steamboat; steamboat about .toet long. I on Id not oscniM) re turned strain to cabin recollected one of tho stern cabin windows had been out a few dnys previous, and thought I could escape there went aft, got in the locker, worked at the window begun to loosen, and saw two boats made tost to tho steamboat, ono to each quarter, swinging with the current, and guard in each went into tho centre of tho cabin, to act according to circumstances; felt tho boat move, run upstairs to deck engine room felt her stick to wharl; door 0ien saw no ono standing wait for better opportunity; stepped back, heard noise at or near stern of the boat; whilst standing, heard man cast oil'; (iod damn, why don't you cast off from her w here rockets stepped out, saw no one, knew I had to go ashore at the forward gangway saw 3 men standing 12 or M feet ofT ac rots st irboard gangway, and determined lo surrender; went to first; had sword in hands; second ono boarding pike; third leaning on his sword; stepped to surrender to first; looked at him; ho looked away supposing I was ono of Ills party; passed tho third towards bow; .I..,-. ,.. -.-...,... I .I,,L I.. ..If nl,,.-.l hand on rail to step" on'd'ock and was seized by first of men; drown these; who are gone; covering of deck broken up; turned round, told him I did not belong to the ho it, on shore; started towards me when pistol fired behind them; they looked round, 1 jimicd oil' tho disk and got behind wheel-house; passed on to the rail-mad track; when I got to rail-rond saw a man lying on lower track, head toward water threo or four feet from tho edge of wharf; looked at him; ware house at upper end, g ililo end to river; boat close to ware house; tipper storv projected to edge of wharf, could step from door ol'uier story to deck of boot; water under ware house; bow projected nlmvo end ot tlis'k; rail-mad nn deck below ware house, threoor four feet from ware house; man lying on rail farthest from house; head to river and about opKito all gangway; passed on rail-mid track north of tavern; march from main-mad till further than inner edge of wharf; saw two men8 or ten rods from river, tivern little east of north from ware house about liO mils; kept hy Field; looked at moment; supposed they were guard; looked round to him; party ntn from boat; cost olf and towed into stream. Hunnnsed men worn after him; ske to them; well boys, how does it go; recognized tw o of1 his own men: John II. Smith; usked whore the rest of hands; asked for King; did not know; saw King coming; the mid; went to moot him; saw ho wns hurt. You are hurt ? Yes, they liavo rut mo nhnost to pieces. Asiisle.l him to the house. Could without recognizing a nun four or five rods; partly starlight Would h ivo to bo well acquainted with M'rsmi and dress. Did not see Durfee again till next morning; ho was then dead; lying on his bick, between inside track and ware house; arms crossed on hreast; brains blown out nnd scattered on tho ground; head shuttored to pieces; hall entered tit back of head, camo out near middle of liirhead; pnddlo of blood near him. Saw his cap nt tho house; was w h it is called a tillitle rap; found a hole just above the band behind, and another ahovo vizor, in front ; cap looked ns if singed behind; blood nnd brains covered a small space where his head lay before he was turned over on his back. Boat was ho irded. thinks, about I'l o'clock, but cannot si v. Don't know how many assailants, but thinks 40 or 50; were five yawl bouts ; carry nboul 8 or 10 men comfortably ; e tch man or watch on hoot wore not around, nor were llm men livlmn? nn board around. To his knowledgo nn arms belonging :o the boat. About 33 ! boat was taken off; ho was shot through the head ; I persona on tho boat The men who camo on board I saw nobody on tho dock before inysclf, ufter tho Care-had been left by cars. Field's tavern was full, and lino was token oil'; ono or two others went down about could not get supper or lodging, and received permission to lodge on board. Durfee did not belong to the boat ; was one of the lodgers. Schlosser is in town and county of Niagara, two miles down the fulls. Search was made next day lor the men on ooaru tne boat of whom eevon were missing; two of them prisoners ; tho seven never heard of. When King reached tho houso tound a lad cut lour inches on tho left, shoulder, another on left arm below elbow, as if received in warding ofT blow of sword. Others wounded. John Leonard received a blow on forehead, staving the same. Captain Harding received a blow cutting leather front of cap, and skin on forehead. The ohjoct in securing boat was to mako money. Boat made three trips that day started ot Buffalo landing, Black Rock Dam, Touawanda, Navy Island and Schlosser, and made two trips from Schlosser to Navy Island. Carried passengers both ways to the Island and back, and what freight offered to the Inland. Brought none back. Captain W. Appleby acted as Captain that day. Neither boat nor I had any connection with men or Navy Island. Think Durfee's not the same body I saw previous evening. It was not King. Heard 40 or 50 shots fired and clashing of swords. Men on boat had no swords to my knowledge. One party boarded at forward and ono at oft gangway. Were lights on board in lower cabin? There was light in companion way, but don't know if lamp was there thinks it would not have been lighted from any other place. Put out the lights after they were ooarueu, to prevent uieir coining in uie cauin. Spencer Cross ex. Light was immediately extin guished in companion way, if thero was one. Boat was of peculiar construction and a stranger could not well find his way down in the dark. Had but two hands on the boat, King and a black boy; found but one person killed Cannot name any person missing, and do not know those enquired for on tho boat Did not see Diirl'eo to know him till morning; saw no ither blood. D. seemed to have fallen and died on the spot ; is quite sure cap was scorched; knew whether cap was scorched or not. Lako Eric usually closes 15th December. Boat had been siezed for smuggling in summer. I bought her and furnished the money. Had been frozen in a week or so; was lying in shin canal cutout on25Ui or fifth December; no bond of indemnity given or written before starting, to his knowledge. It was talked of with inc. Understood one was to be given ; does not know for what object supposed to intlomnily owners in case ot accident to boat Understood it wns done nnd signed by some- was to be signed by 20 signed by 5. Loaded nt Buffalo. Don't know freight was put on board and put ashore by order of the Collector. Small stove and cask was put on board ; don't know what was in tho cask. About half a dozen persons including hands sailed from Buffalo; touched at Black Rock dam ; here got halliards for running up colors; dont know that I took ill freight Men came on board say half a dozen ; one man had a rifle. Were no armed men on board if they had arms they did not have them in their hands. Land freight and passengers on scow at the Island. Was. so occupied with lookingat the working of the machinery, Unit he did not notice much w hat was goingon. vv as not engineer myseit, nave not mado opplication for payment of boat to government; been examined as to the use of boat Expects to be paid by government Expected to run between Schlosser nnd Island as long as profitable miming up to the dam at night; this was the use to be made of the boat supposed she would not bo employed more than a week. Did not run up that night because one of tho engineers told him a piece of the machinery was gone, and it would not be safe to run her. Were my friends. I looked at the machinery from curiosity. Took to the Island a six pounder cannon. First trip from Schlosser. A horso, lumber, boards and straw. Don't know what intended for. Did not enquire. Some prevision, tlon't remember what kind. Tho't his boat would be employed a week, because, supposed the men would return to this side and disicrse. Did not understand they would cross to Canada. Was on Navy Island two or throe hours on the 2tith December; crossed from Schlosser in sail boat; saw about 250 men ; 10 or 1 1 pieces cannon ; saw none at Schlosser; some on the Island were pointed towards the Canada shore; don't know whether there had been firing cither way. Understood Van Rensselaer was in command. Don't know who paid freight; don 't mean to say he charged regular fieight: received 8 or 10 dollars for freight and passengers. Don't remember any items charged or paid either for freight or p:tssage, except ono dollar from a stranger. Taverns ubout Schlosser and tho Falls were full don't know I saw any arms on shore don't remember anv firing on Navy Island that morning. Understood, before he left Bullaln, there had been firing between Navy Island and Canada. Did intend tonin boat to favor men on Navy Island. Saw nn the Island, two or three days before took down the boat, Van Rensselaer, with whom conversed about coming down with boat Thev requested it; no agreement They said I could inatto money out of it Was not referred to an Executive committee at DulTaln; knew from hearsay thero was such a committeo to aid tho Navy lslunders ; committee of 13 ; don't know who they were. Understood Dr. Johnson ono. Conversed W illi riielis about boat Hid not pay lor boat being cut out ; many persons helied ; cut out 150 or '.200 feet Would not have cut out the boat but for this particular service, or other services as profitable as this. Host about a fortnight undergoing nirn. Cost $100 Think I furnished the money, Mr. Swantnn says ho thinks lie paid it and I am very positive I furnished it. Purchased 1st December, and commenced repairing immediately. Dili not repair for this sor-vico ; intended to run her to Cattaraugus Creek, to bo ahovo tho ice when tlio Inko broko up in tho spring. Boat cost 800 of John P. Murray, bill of salo in his name lumlc the bargain with P. ll. Rankin. Meeting nt liulf.ilo theatre sympathising with Canadians. .M.icrvonzio ul l un ula spoke. Hon I know whether j there was a procession or martial music. Under 10 object of the islanders was to free Canada, ilcrstood that they intended to invade Canada. Attorney (icnorol Am not connected in any way openly or secretly with the Islanders. Understood tho running of the boat would accommodate tho islanders and teoplc in Buffalo, and denied having anything to do with bond. Went in gixsl faith and only fur gain. Hole in back of enn, sound in front triangular. Don't know of his own knowledgo that the committee of 13 existed. Don't know whether I invited tho engineers to go, they always go on the lake by courtesy and 1 asked no questions. Spencer Did not lake cannon balls from W's. fur-naco. Don't ktmow they were taken. Cask was a quarter cask. Dili not hike boiler iron punching, Collector toldime I could enrry any thing-arms and ammunition ns freight if I would run the risk of being tu-ken in the llritish waters, without violating a U. S. law. Don't recollect taking a cask of boiler punchings from Jiluck rock. Adjourned to a quarter before 8 to-morrow morning, fYrilrriei Emmcint was next culled nnd sworn for tho prosecution. I reside at Buffalo, and did so in De- comber, 1817 On the night tho t aniline was destroy- cu, 1 w as lodging nt an inn at a rhloswcr. 1 he mop in court is a correct map of the localities ubout the wharf at Schlosser. Horner's Island is about 20 mils from tho wharf. When tho attack was made on the Caroline I was in bed, but got up. To tho court. Tim wharf at Schlosser is near 70 feet long, up an I down the river. Tho warehouse occupies 30 or 40 feet of tho water side of the wharf, leaving about 35 feet of the wharf unoccupied. Tho wharf extended K) or 70 fool into tho river from tho river shore. Tho front lower story of (ho warehouse was ojien, so ns to leave the dis k clear. The upxr part of the warehouse covered the dock. Tlio railroad track, which extended from the main track to the end of tlio dis-k, below the warehouse, leaving a track of five or six feet wide between it and the warehouse. Direct resumed. I was first uroused from sleep by some one who came upstairs and said Uie boat w'as attacked; I got up and went down into tho warehouse; I was unarmed t I had been acquainted with Amos Durfee a number ot years; I saw bun lying dead on I tho railroad track, on the same night, ofter the stoom. the samo time ; I saw Durfee's cap lying near him ; I iw lus corpse at Buffalo afterwards, at the houso ot William Baldv. where it was laid out fur interment: I saw no wotinil about him except that on Uie head ; on the evening before the Caroline was destroyed, I was on board of her; went on board with Durfee; I saw nothing like arms or armed people on board ; in r leld s public houso, during Uie attack on the Caroline, we feared an attack upon the house, and looked for arms, but all we could find was one musket; after the row bouts cast off from the Caroline, in the stream, they passed below Horner's Island, and made direct for Chippewa. James II. King, was next sworn nnd deposed, that he resided in UulFalo in 18.17; was tho matoof tlio Caroline; was on board when she was attacked ; re collects tho attack ; retired to Uie cabin about 8 o'clock in the evening was awoke by Uio firing of a gun put on his coat and durted out was met hy the Canadians who were armed drove witness back struck him with swords the cubin was about six feet high they " banged " within considerable, and osked a great many questions which they gave him no chance to an swer they cut his arm more than ono struck at w it ness ; there were ft or o. 1 he lowness ot the ceiling prevented them from using their swords much, and witness used a blanket as a shield Uiere was a great climbing of arms no shouting. They said when they came in " Roll over, you d d Yonkeo son of a b h, and give us Uieso mattrasses!" and then they threw out the bedding. They took a largo basket and put a lamp into it, und some sticks, and setall on fire. Previous to witness' going out of the cabin, one of them said to the others, "What will we do with this fellow?" Kill him, said another. " No. Take him prisoner, said a third. Ono of the officers then said Wo don't wnnt prisoners, lot him go ashore." Witness wns at this tune standing up near a door and felt very weak. Witness, on Uio officer's sieaking, went towards tho gangway, but the sentry wouldn't let witness pass ; witness then told tho officer, who ordered the sentry to pass witness. The officer was a pretty stout-built man, obnut witness' height (5 feet 8 inches ;) couldn't recollect very particularly the officer's appear ance, as witness telt very weak. Witness then stag-gored ashore. None of the wounds received by wit ness were serious niero cuts. Cross-examined by Spencer. Thero was a lamp in the ladies' cabin where witness was ; it had been burn ing all the tune; all the other inmates of the cabin had escaped w hen the occurrences described by w itness took place; seven or eight of the !iinttras.scs were taken nnd thrown out at the cabin window; thero were about twenty of the attacking pirty in the cabin ; w hen witness passed the sentry lie w as not met hy any person ; tho boat was then cast off, but had not left the dock w hen witness got ashore. AFTERNOON SESION. Oilman Appleby examined. I reside nt Buffalo, and have done so for six years. I recollect the destruction of the Caroline, and was on hoard at that time; I had taken charge of her from Buffalo to Schlosser, ot the request of Air. Wells, who owned Uie boat ; I went to bed on board of her that night, and went to sleop ; I was awoke at twelve or a little nfter, by an alarm of one of the watch on deck, who came to Uie cabin door and said, "get up all ot you, there is a lot of boats coming;" I was in a berth in the lower cabin the gentlemen's cubin ; 1 dont know who it was gave the alarm ; I at once got up as soon as I could, and put on mv boots and vest;! had gone to bed with my pants on; while I was ptittin on my boots, &r there was groat con fusion below, among those in the cabin : I then went to the companion way with my coat on my arm (here described Uie situation and arrangement of the companion way and that part of the boat) the companion stairs ore so small Unit only one man can get along at n time: the stairs tire winding and very narrow, and hind aft towards the stern of the boat ; I attempted to get up stairs but Captain Harding and ierlias some others, had got ahead ot me, and 1 attempted to follow bun up; as he got the door open and stepped on deck, a scullle commenced between him and some one on deck, and Uio door was at once shut and shut me in. I remained there perhaps 2 or '1 minutes, and the scullle was going on during that time ; I heard an expression, "Shew tho d d Yankee no qu irter," and ''fire, fire" but whether it was meant to tire tho boat I cannot Bay; before tint, there had been shooting, hut at Uiat time there appeared to be the cutting and slashing of cut lasses; Uio movements of Uie men on deck canted the boat she was so small ; thero was a general noise and confusion on deck ; as soon as tho noise by Uie door had ceased, 1 opened the door, and had got it os ned a little way, about a foot or so, when a man sprang ut the door, opened it very quickly, and w ith a sword thrust at me, saying, "down, down," and the disir was shut m nn instant It was done in the twinkling ot an eye. I had my vest cut hy the sword. Tho cut went downwards, and glanced off ut a metallic button, doing me no bodily uiiiry. I then fell immediately back, and went below in Uie cabin and had Uio lamps blown out . I did Uiis because 1 supposed that after Uicy hod mil thrn' nil deck Uiev would come down and search the cabin, and I thought we stood a better chance in tho dark. 1 Uien recolletcd that I could get Uirongh tho engine room on tho upper deck, ami I went into the littlo pantry at tho sido which led to it, and crept up through the machinery on to the upper dcck,(tho promenade deck,) and Uiere was not a soul Uiere then ; not a man was in sight lut I heard considerable noise below on the main deck, great contusion, hut I can't recol lect any thing said ; Uie promenado deck was about even with Uio warehouse, and at that place, on tho cor ner of the building, Uiere were two boards on, and I crept in to hide myself, and hung on to tho girt or string piece; while there I liearil a man any, "(iod d n em, winds become 01 mat six pounder that wos Uiere befuro night" In few moments sonio one stsjke saving, "fetch the light hero, we mny find sninu d d Yankee here;" and in a moment some four or fivo camo with lights, and as I did not lee safe there, I sprang into the river between Uie string pieces, (there being no noon) I came up in the water, and as I camo up sonio one struck me on the backaiiiil as I found my self drifting, I swain up under Uie Railroad and so worked along till 1 got on to Uie land, nnd then 1 made Uio best of my way to the tavern ; I did not go on the Railroad as I saw K'rsous there, but waded along tho inursli; 1 can't say what I was struck with, nor did I seo the man who struck mo; I think, however, it was a boarding pike, or something of that kind. I saw tho man that struck me with the sword ns I stood on the companion stairs. There was a light in Uio gang way, just at tho head of the companion stairs, so Uiat f could see his face. Tho light was perhaps two or three feet from Uie door ficii tnppoxti it ict Jilrxander Mrlsml. I had been introduced to him about a week before at Uie Eagle Tavern in llull'ilo, and knew his apiiearanee. I was examined the day ufter this at Schlosser by a magistrate, ond my attention wus culled to the person w ho struck nie, anil I told every ono that asked me, that I supposed it was Mc leod, but it was done very quick, and 1 might possi til V be mistaken. I went to Field's, nnd in five or ten minutes went to tho hank nnd watched Uie boat burning ; I saw Durfee laying on the nil road track, on his face, near Uie warehouse; I saw his wound and examined him somewhat and saw where the ball passed through his head ; his can was off his head, lying near, there was some blood and brains where he Iny on (lie wharf, which hud cr icks in it so that the blond could run oil'; I did not mil him over; there were nbout 33 men on board the Caroline that night; 10 wore crew, and 23 others, and to my knowledge none of them were armed ; when I heard tho first shot I was below : the report of the gun ap peared to romo forward, ond I heard it before 1 came out of the cabin; tho shot apparently raino from Uio starboard side; 1 hoard several other reports ', some apinmred to be on hoard; I heard a number of shots there was n boy railed Liltle Billy, 10 or II .(ears old I don't know where he is now; he was a kind of so conil porter, ond has been with me before. The last lime I ever saw or heard of him since was on tho last trill to Navy Island. Cross examined The last I saw of Uio hoy I Uiink was at Navy Island, while we lay Uiere. There was another boy on hoard named Walker, and I siipmwi I saw him get oft' in tho boat It was siid Luko Walker wns taken lo Cnn tda. I was engaged to run Uio boat bv Mr. Wells, for no specified Ume. Mv en gagement was to take Uie boat to Schlosser, and 1 was to return Uie next day. I had no idea of remaining ; there beyond Uie next day. Wo did not take much ( down troin liuttalo, nor a great deal Irom Schlosser. tne Caroline, i neir pikes were men up stairs, ana There was a bull's eye lamp hanging in the compon- , their pistols and cutlasses in Uie bar. - The next morion way, and one hung in the gangway on deck, and I ning they asked for their blankets, and said they were iiuk mere was one in uio iorwaru part oi uio Doau 'he lamp in the companion way was a signal lamp, ! which could not be seen from Uie lower cabia It , hangs over head, just at the entrance of Uie door, i The door was closed to, after Capt Hurding went out, and I pushed it open a little in two or three minutes, ( ut 1 did not discover anything until it was pulled wide . open suddenly, and shut again as quick. The sword was thrust at uie the instant tho door was pulled open- as quick as it could be done. I did not mark the fea tures ot tho man whotlirust it at me distinctly. This is what I referred to when I said in my direct examination it was done in Uie twinkling of an eye. I do not now say it was Alexander McLeod. Samuel Brown I resido at Conanduigua. Ontario county, New York; resided in Canada, ut Chippewa, in December, ln.it j I remember when tlio Caroline was destroyed ; I wns tending bar for Plulo S. Smith ; Know Alexander McLeod ; knew linn in 1837. ond three years prior to that time; I lived ot St Catharines one year saw Mr. McLeod there nnd at Niusraro. St Catharines is 12 miles from Niagara; saw Aid once week or month habitually. Ho was deputy sheriff of Niagara; have seen him nt court; saw him two or iour times ut Chippewa. Chippewa is 15 or 20 miles mm ISiiigura. Did not sec McJjcnd ut Chippewa the day before tho burning of the Caroline; saw him tho evening of that day, once it was after tho C. was on fire, ot Uio beacon light at Uie head of Uie cut from the lagara river into Chippewa creek, i tic cut is a anal about 40 rods long. Beacon light was burning nt the head of the cut on the upper side that is up the river from the mouth of the cut There was a Inrge pile of rails burning suppose one thousand rails, from Uie appcarunco of the fences next day. I saw bouts returning; went to tho tire from curiosity. Piatt Smith's uien went with mo ; there wore some men there keeping up the fire. 1 remained a short tune saw two or threo boats returning. They come in at the cut and run up the creek. 1 follow ed the boats ; there is a tow path between road and canal. The road runs down Uie river to Chippewa, turns and descends to tho reek, and Uien goes up to tho village ; it is two or ireerods Iroin w here the cut enters the iSiugnra. J he bonts landed below the river on Chippewa creek, about vs rods lrom the head ot tlio cut up to the creek ; they landed close to the river. I here were three boats. 1 as nt their side. There were 10 or 12 men in a boat. McLeod was one, I should say ; I was 8 or 10 feet from the boat ; Baw all get out ot the boats ; was 10 feet from McLeod when he got out Smith was with mo. hoy walked 10 or 12 rods to Davis' tavern in the vil-igo. I was in company with them. They were talk- of tlio destruction of tlio boat Others came lown where Uiev landed. All stoptiod outside Uie house ; some one said let us go in and take a drink ; I Uiink there wns a lamp outside; there wus a light in- ide ; the door was opened and shut I saw Mcl ,eod thero. Don't think I am mistaken ; was within 8 or 10 feet of him at Davis' tavern; I heard him sgieak; did not talk with him. I am at lure that I mic him there tu lam thiil I note tee him titling before me. I went from there to SmiUi's. Did not go in nt Davis'. Some ono said "our bar-keeper is wiui lis, let us go home." ivc men went with me; do not know where the rest went ; some to Davis . Saw McLeod the next morning between day-light and sunrise. A man came in the bar-room and said McLeod was standing on the teiis of Davis' tavern; that he wns wounded. I said le was mistaken, for I saw him last evening and he was not wounded. Question hy Court. Who mentioned to you Uiat Md.ood w os wounded ? Answer. Peter Smith was the first ono. I went across the mad to sec if ho was wounded. Saw him across the street Did not see him when I got to the house. 1 asked Johnson, tho bar keeper, if Mcljcod wasthere. llcsatd he wns somewhere about did not see him. When 1 stepped to the door to seo McLeod, he w ns standing on Uie stoop not far from Uio all door. Ho wns 5 or ti rods Iroin smith s house, inironallv across the street McLeod wore a sword w hen he got out of the boat Cross-examined bv Mr. Spencer. I am 47 years old. Moved fromCannndaigiiato Canada 8 years airo 1st September last Returned to Canandnigiia in April, If.Hs. Am a tanner, l.ivo near David Hates and C. B ites. Live 5 miles from P. B. I was a baker at St Catharines, Had a family. Moved from St Catharines to Chippewa. Lived a year at St. CaUiarines. Tended bar six weeks at Chippewa. Piatt Smith's brother returned to the house with inc. There were three sailors at the house. Captain Miller came Did not aee Miller till at Davis'. 1 asked Uio names of the sailors, I received no answer. They boarded two or three days at Smith's ; Col. Clark wan to pay for their board ; they left Uie next morning after Uie destruction ot tlio Caroline. I ho sailors bud on round blue jackets, were armed with pistols, a cutlass and boarding piko. I saw them nt the boat, and did not speak to them until I saw them at Davis' tavern. Sever heard thein call each otlicr by their names. They did not stay about the house during the day. They came wilh two blankets, one pistol each nnd a cutlass, which I took charge of nfter supper, until they called for them. They hnd a belt and cuthss on, and the four blankets w ere rolled up together. They camo Uiere one or two days before the Caroline was destroyed. They called for their cutlasses and pistols Uie samo evening Uie boat was destroyed. They took them in their hands, but did not put them on. I saw thetn again the next morning, when Piatt Smith took their anus. They remained there from morning till evening, w hen they culled for their anus, but not their eveillllir, wiu-n uu v cuiiru lor lie ir iirnin, imh inn uieir blankets the second night They spent part of that day upstairs on the bed, and I only saw them at their meals. Did not see them oiler they called for Uieir anus. That evening they left at 8 o'clock. I can't say thev put on their belts. V .1 . rt r 1 J 1 saw uiem nguin oner tue i. urounc wns ouriieu. did not siienk to them did not see the boats until they cntne into the Cut. I siw three bouts ; there wns no light near them; they were about filly mils from the beacon light It was then about 3 u'clock, A. M. I was absent from Smith's half orUiree quarters of an hour. I had been sitting up; did not go to bed. I , went to seo the boat burning; tiws being in tho way, I could not so well seo it from Smith's house. Fmin Smith's house to the beacon is seventy or eighty rods. I saw no men in the boat Saw none whom I knew but McLeod and the boarders at Smith's house. There might liavo been thirty came on shore from the bo its ; they took Uieir things out of Uie boats, and w alked up i the mad. Might have been nearer Ui in eight feet to Mcl .end. 1 Uiink thero was a moon, but I did not see it shining, it was pn-tiy dark and cloudy. I should call it a dark night I think 1 could tell a man at ten feet off. I did not speak to Uio sailors ; it was not my business. Fmm the landing to Davis' house is 10 or I5mds. There wns alight in Davis' bar-room. iBaw no other light 1 did not go in : I was twelve or fif teen feet from Uio sloop, in front of Uio bar-room. McUnmI was then near the stoom ten or twelve leet from me; his side faro towards me t he wns bilking to some ono who asked how many wero nn board the Caroline. lie aiid a good many. There was only ono armed man nn board, anil ho stood as sentrv. I was 10 or 12 feet from the stoop; the stoop wns I, or eight feet wide. There were two windows on this sido of that mom ; Uiere was one light in the room, but I cannot tell in what part uf it. McLeod was between ino and tho stoop; I cannot recollect w hether thero was a light or not outside Uie door ; I cannot swear there was a light that night; there was no I imp post Davis iistiilly kept out a lamp on dark nights; 1 have seen it several times. Mi'ljood stood sideways between me nnd the light in the tavern; I did not sec a l imp, candle or fire, but Uio light shone thmugli the window, nnd MoLenil was between me and Uio window, ten or twelvo feet fmm mo ; I don't know how tho prosecutor knew what I know about tliisoccurrcnc j; I was siibpo'na'd Inst winter to go to lockport ; I don't know hut I may have told Mr. Bates tho mine story that I now toll; I knew Mr. Wheeler the P. M. at Canvul igua; I don't recollect having talked to him about it or to Mr. Phinens Bates; I don't know Mr. Thomas Hall; I know Mr. lireen-leaf, but don't know Uiat I have ever told him ; I have been subpoenaed twice, but did not go to Lockport ; I saw Uio sailors the next morning after Uie burning of going on uoara ui a ecnuuner ui iouu. i uuni kuuw where these sailors are now. I meant to be un- derstood that I knew McLeod then, as I know him now I have never held any conversation with him. I have seen him at Niagara village, at St CaUiarines and at Chippewa, but I never transacted any business with mm. 1 tnougnt i Knew DicLeoas voice ana nis face also. I am satisfied that I know him. I did not seo Uie boats until Uiey came into the cut I did not j know Unit Uie Caroline was lying at Schlosser that I night until she was fired. I saw her on fire and then I woke some of the folks in Uie house and told them. : I had heard of an expedition going out Uiat night about 8 o'clock, and the next I hcird of it was when 1 saw the Caroline burning. When I went down to tho cut, although I knew the sailors, and went down to Bee if any of Uiem wanted to get into Uie house, yet I did not speak to them until they spoke to me. I remained at the landing about ten minutes, and stayed nt Davis' about Uiree minutes. Isaac P. Corson examined I reside at Niagara Fulls; I have been there about three years; I went there in September, 1838; am a master builder, ond lived in Chippewa in 1833, and from that to 1838; I remember when Uie Curoline was destroyed; I saw a light at that side of the river, I wus in the village of Chippewa the afternoon and evening of the night Uio Ciiioline was burned; I knew Alexander McLeod in 1H33 and 1831, and from that time on; I saw him at Chippewa previous to Uie destruction of tho Caroline; I saw him at Macklin's storo that afternoon about 3 or 4 o'clock; he was in the back part of Uie store; several persons were wiUi him; Cnpt Drew, Mozier, Usher nnd others; I thought they were taking liquor, as they had glasses spread around; I remained there a very short time; the man that kept Uie store wished me to go out as they had private business; I think the man's name was Call; I then went out; I saw Mc Leod again, about nine o'clock in the evening, ot Davis' tavern; he came out of the bar-room just as I was going in; he was not armed, ns far as 1 noticed; there was a man with him; I don't know who he was; I saw McLeod atrain next morning betw een duy-light and sunrise in Uio shop of -Mr. Davis, of the Steamboat Hotel; I did not see if he was armed; there was a crowd about him, and he was telling about his exploits on the stcuinboit Caroline; he was telling what the perfonimnco had been in her, there was a great number of persons around him; ho was telling that thev would not want to see him overlherc again, os he h ui killed one damned Yankee or two, ond had put them nut of the way. There were so many uround liim, I could not hear nil he said; some of those around him wore also ho isting ubout being in the expedition with him. None of them disputed what McLeod said, or said he lied, or ony thing of Unit kind; 1 don't recollect seein" hnn nfter-wur.ls, that day; I saw him a day or two alter, coming up from the north side of the creek; he had a spj -;lass looking over towards Schlosser, ho came up to Kirk-pa trick's stoop, ond began to tell what a disturbance Uie Yankees were making nt Schlosser, ond Uiat they were a damned set of cheats, robbers and Uiicvos, and that ho would like to he on such another expedition, to cut out and burn Hufl'ilo. It was ncomtnon spv-glass he hail in his hand; nt least I took it to he so. Cross examined. 1 was not present at the arrest of McLeod; I siw him when he was taken uput Niagara Falls, last fill; I could not say what month; it was in October or December, but I can't tell exactly; ho was tiken up for destroying Uie Caroline, ns I understood; I un lotstood thero was nn examination of bun, but I was not at it; he was at the Eagle Hotel; Squire Brad-ner, I wus told, issued the process against liim; I was told ho wns sent to Lockport; I don't recollect having been asked if it was McLeod; I came there late in Uie evening; I knew that he was to be examined the next morning; I did nor npponr against him as a witness, nor tell nny body Uiat night what I knew about Uie matter; I saw a good many persons there whom I knew. I apK'nrd against MrljOod before the grand Jury. It w os after 1 saw him at tho Falls, Ui it 1 appeared before the grand Jury perhaps threo or four monUis after. I don't Uiink he wos discharged by Squire Brad-ner. I can't siy I saw him go toI.ockpnrt, but heard he was discharged on a h tbrat rorpnt, and was let go. Tho first time I appeared against linn was in February, ot Iickpnrt I was told ho was arrested on Uie Niagara river nftnr being discharged at Lockport; I was not there; it was the same fill Ui it ho was discharged Uiat ho was under arrest at Lockport 4 or 5 days; I did not go there, nor mention to any one what I knew, because I did not want to have any trouble about it; I did not mention to any ono, what I knew nbout it until I wns taken to court, except what 1 said on the otlicr side of Uie river before I moved over on this side in September, 1838. I wns told of McLeod's examination before Squire Bell the s uno fall, 1 believe I heard of his examination before Squiie Bowie. I did not go to cither of those places, for the same reason I have already given. 1 mentioned it to no one, as I recollect at tliis side of the river, until I was supanacd. I was acquainted w ith Capt. Usher, hut did not know much of Mozier or Drew. Capt Ushor was Uie person who was murdered at his ow n door. It was the 28th or 2!Hh of Decembor, or about tint time, I saw McLeod with them at Merkliu's store. I Uien lived on Uie other sido of the river. I liavo no means of knowing tho time I saw Uiem Uiere, except from posting my books about thnt time; when making my bills, I date them underneath; I was three or four weeks employed in making out bills, on" and on. It was Uie afternoon and evening of Uio night tho Caroline was destroyed, I saw .McLeod ut Macklin's store. I know it w s on that evening. I lived in the village of Chippewa, and : , i.t- , , , Mw"' ",oro l'"t every day ' I r-..,, ,,!.. ..i ;., ; u, nii .... . - ,..., .,. ,H , v..,, ...... WM .... particular day without my bonks; Uiev weie in tne b:rk i p irt of Uie store; it was about four o'clock I noticed Cap. Drew and Uiose in tlio store whom I know, and there were others I did not know. 1 recolhct it because I hoard a whisper that day, that they were going to cut out Uie Caroline, or go mund the island. I heard that afternoon they wore getting up vnhinioori to go, I can't mY ' was thai which m ikes me pirticularlv ,Cme.nber it. I saw lots of men at Davis' that night I could mention a dozen neiirhbors I saw that night at Davis.' I did not speak to Mcl .cod that night when ho came out of Davis'. When he cameoiit ho walked towards Uie cut It was about II o'clock, or very near it I wns close to him next mo. ning, within 4 or 5 feet I did not 8eik to hint. There was several pors ms Hocking round him. Tho evening before Unit I met him coming out of Davis' w hen I w as going in. I di I nut stop, but walked right in nnd he passed out I came out in a few minutes. I just saw him turn from Uio corner of the door. When I saw him next morn ing there was Mr. WilliomCaswellainongst Ihojowho were around him; there were twenty or more persons around him; I am not positive tint ('nswell w.n there; I understand Caswell is here os a witness; it stnirkme only Uiis moment that Caswell was there, ond never before. I have not sixiken to hiin nn Uie subject since he came here; he told me since he came here that he was subpoenaed here. There wns something said between us about the cause, but nothing of what occurred the morning I saw McLeod. ( nswell ond Itilked about being hero as witnesses, but I can't say positively that we spoke nbout seeing Mi-Lend that morning; I think 1 did speak of it, nnd I thin:, lie s u-i na saw nun in tho mo-ning after the Cnrolino wns bnmed. Mr. Caswell siid he saw McLeod lint morning, but per-hms he did not sec linn nt the time I saw him. Cas well said Mdind bragged ot being on noar l tne boat when alio wns cut out Wo did not fix iiou tho samo tinm Ui it wo both saw him that morning, but it was nearly the samo tinio. I can't any positively I saw Caswell that niotning with Mi-Lend, but it at ikes me that 1 did. I can't tell nny one else I saw there; they were all strangers to me. Caswell lives in Uuthilo. Direct examined Thero wero at tint time a great many people nt Chippewa, soldiers, sailors nn I others; perhaps some 2000 people, most of whom were stran- fers to me; some of Uiem quartered ot Davis'. I don't now as I ever saw Drew, Mozier and Mclood nt Macklin's but once. Immediately nfter tho affair of the Cam-line. I spoke about it to several persons on Uie oUier sido of Uio river. Cross examined I told Mr. Frsdorick Smith, and Air. Davis, who keens the hotel, and other. T co't re. collect Mr. Davis is hero as a witness. The Court Uien adjourned. THIRD DAY. Judge Gridley presiding. On the orjenins- of Uie Court Uiis morninT. Mr. Tiia. trict Attorney W ood, for Uie prosecution, called to Uie stand Chirles Parke, who being sworn, testified I am a native of Canada, and was raised at Chippe wa. I was tending bar for Mr. Davis, in Uiat place, at Uie time of Uie destruction of the Caroline. I had been with Air. Davis 3 or 4 monUis. It was first dis covered Uiat any one was on Navy Island on a Sun day, i Know tne prisoner, McLeod, have known nun a greater portion of Uie time he held Uie office of Deputy Sheriff of Niagara District During Uie of-ternoon preceding Uie destruction of Uie Caroline, I saw him at Chippewa. I saw him a number of times during Uiat day, and toward Uio close of Uie day, I saw him also after dark. A gentleman came in and inquired for him between 8 and 10 o'clock in Uie eve. ning, and he wus shown to .McLeod's chamber he having retired to bed. McLeod irot un. dressed him self, camo down into the barroom, and told Air. Davit that it his, AlcLeod s, broUicr inquired tor him, to say to him that he had gone to Niagara. About half or Uiree quartern of an hour after that, I saw him again, between Davis' and the Chippewa Cut There were a number of people about and near him, but wheUier they were his company or not I cannot Bay. After that I saw him, and some hundred more, hy tlio side of some boats on the bank of Uio river. Some got into the boats, but afterwards they got out, and towed Uie boats about Uiree qui -tens of a mile, wheie they en-b irked on board the boats, and shoved olf from the shore. Thoy Bteered actoss the river, but I do not know where Uiey went The bo-its were towed up empty on account of Uie cur. ent This occupied about on hour, an! then I returned borne tinl went to bed, leaving up Mr. Johnson, who was also a b lr-tendor in the house. I have not seen ilr. Johnson lately, but un-derstind he is at Detroit The next I saw of McLeod, was about sunrise U e next morning, when I saw him on Uie aqua: e in fioir. of Mr. Davis' homo. There wus a number of people not far f.o:n him, hut none very near him, nor to 1 know Uiat any ono wo in his company. If I tcco.'lect right, on the previous evening he wore a sword by his side. I did not hear him s iy anv thing. I saw him agvin not long afterwards, in the fo;enoon, while I v. ls standing on Air. Davis' stoop. Al'ieiwaids I was in the hibit of seeing him fiequently almost every day. A number of officers boarded there. I h-ivo heard him siy something about Uie destiuction of the Caroline. A few days after, a number of them were conversing about it Captain Stonnett was ono, Major Cochran, of Dragoons, onotiier, and four or five more ; nnd Mc-IjPo 1 said, in purport, that ho h id killed a Yankee. Their conversation was in reference to tho Caioline. I can speak quite positive about McLeod's getting into the noat Cross examined by Mr. Spencer. Lives about 17 miles from Chippewa, township of Nane's Creek j ha a farm and a family; can't exactly say he owns Uie fann ; it wns his fuUiei's estate, and he holds in com mon wiUi the other Heirs ; is .'.I years of age ; tended bar about three and a half monJis for Air. Davis; it was a very busy time ; a man named Johnson was there before witness come ; don't recollect Uie nu.nher of the guests ex tctly ; probably six or eight formed Uie mess; can tell Uie names of some; there were Captain Stonnett, Lieut Caldwell, Captain Lockie, Mr. Cochran in the Dragoons ; can't remember Uie names of the others; Uiere were a g;eat many occasional guests; can't tell w hat guests were Uiere Uie day before or after Uie bin ning of the Caioline; can tell several in the square Uie day before, he then saw Mr. Bowie, Air. Urown, ott.cers ot the Artillery ; doesn t recollect what Uiey were doing ; more than he could say what led him to take notice of these persons. w nere was .McLeod when he was boasting f In the mess loom. Where was the mess room? Over Uie bar, up stairs. What day was it ? A day or two after. What did you hear any other one tiiy? Well, Uiey were talking. Wliat anout ? Can't Say cx-ctly. Can yoa not tell what they s.siiLas well as what Mc Leod said;r Well, it was something about th it. Which one was it? Can't tell they talked all togeUier. How long were you in? Porhaps fivo minutes per-hips more. Can you not be more precise ? No I didn't keen a time-piece. What did you go in for? I was culled in. W hat lor ? To bring in beer or li quor. Did you hear any tiling else auid ? Can't re. collect any tlnng else. v here weie you on Uie even. ing oi uie zeui r as to uatos i can I siy. w nat day was the Caroline burnt? Don't know the date. When did you go out after Uiat, Uien ? Nowhere. Why ? Uecauso I had no business. When after Ui it did you le ive Uie house for any length of time ? Can't recollect particularly I suppose it must have been a month after. Did business keep you so confined? Yes. Was Uie 2!lUi a busy day ? Every d ly was. Was it a datk night? Not very light nor very dark. Was Uiere moonlight ? I think not What hour did you go out Uiat evening? Could not tell Uie time there was no time-piece in the homo. You s od ten o'clock ? Perhaps it was perhaps later. Why did you go out ? renin on lnvitat.on ot a liieni. Who? Peter B. Nollis. Whoio did he invite you? Up tho liver to see Uio Camlino burnt Where docs Xellis live? ho is moved to For'y-mile Cieek. Did you see Uie Caroline destroyed? No but I saw her on fire. Inlecd how long did you stand on tho shore after Uie boats leti? till, I stuicd about tor an hour. W ho returned with you ? No'iody. When did von co to bed ? C m't tell we had no timepiece. Can't you guess ? Possibly it was tn-e-ve o'clock. Did you see tie Ino before you left ? Not long. Where were you then ? I was It alt w.ij home. How long did veil look at U.e fire? Not lone. Three in: nii.es? le'h.ii so I was tned befo e lit it Was it noiiy or stil.? Quite itill Uio wind wis c ilnu Xu none? Non- that I recollect 1 id joiiknow whit the fue was? Yes, ind Mr. Nellis llinu-htUie sime. He returned wilh youthen? Yes.sof.ir is the bo.icon lis,- lit. Whowrs w'Ui you besides .Nellis, going up "te nvor ? C.ip'.uin Nellis i cousin of tho others. Who invited Iho.u? Don't know. There wero no others ? None tint I considered in my company. Can you tell any otheia who wore stioll'.ng up? Ciin'l be pirticul r. Had yi u miy difficulty in pissing? I hid to give the coun- ieisigiu What was it.' "iTiciv I think. Who j ive you it ? Air. Nellis. Wus it roing up or down ? (ioing up. I low did you go down? I uve no cnim. ters.gn then. Did vou see iho sentinel Uie i? Yes, the suno that InileA me befoie. Did Joti ail give Uie countersign? Yes, he challenged u. What did vou ? " A Friend." What then? He demanded 'the .ountersign nnd I gave it. Did you know the soldier ? Yes Robe.t Miller. Can you i'ive ar.y other reason why you didn't wait to seetli-it Pre? Well I wa.m't very particularly desirous to know any thing about it If so, why did you leave your business to gonp to sea it ? Oh f the house wasn't very ftill then there was no ono thc.o scirceiy. You remember tint? Yes. How many boats were th -re when Uiey tinned? I don't r Tol oct w hether they nil went up the river-there wero eight boa's altogether, llow? By Und. All of then? Y os. Any li(;ht about Uu boats? No. In which boat did Mcltood. go aboard ? Cn't say he went in them nt all. ,vlm else tiers did you know ? I saw Uiree or four. Who? The Attorney ticnerni uere interposed. Ho thought it hard Unit after striking out such questions from his interrogntories, the counsel for tho prisoner should go the length of asking such questions of his (Uio Attor ney (icnernrs) wnnrsi. The Court. 1 he only ouiect enn be tn test the ae. curiry and integrity of Uie witness, and in that eaae such questions nre proper. The Attorney Ceneral only wished Uie tamo ru'.e applied in his favor. Who did you see then in tho boats? Oh, I knew one M icdonild. Know his ahristisn name? No. What else? I don't know, llow near were vou to Uie boat? Very close, How near to McLeod? Five or ten feet Did you spcik to him? No. Did you hear him speak ? Yes, Whit did he say? Some, thing nboul getting into the boats. You didn't speak lo any of the party ? No. llow tniny persons wont into tlio boat? I don't understand you. llow many (Set bun page.)