M'LEOD ON HIS OWN BEHALF.

New Zealand Herald and Auckland Gazette, Volume I, Issue 46, 26 January 1842, Page 4

M'LEOD ON HIS OWN BEHALF.

The following letter addressed to the Editor of the Scottish Journal, will be read with interest, as it contains some important statements connected with the M'Leod affair from the pen of M‘Leod himself:—

Dear Sir —My attention has been often called to several false allegations relating to me that have become part of the history of the M'Leod case ; one, that I had boasted at Sockport that I was at the burning of the Caroline , and was the actual murderer of Durfee, and that the indictment has been found and ulterior proceedings predicated on said boast.

The absurdity of the allegation was so apparent, I thought it unworthy of notice. Even a Lockport Jury would not indict a man upon any such assertion.

I never said I was at the destruction of the boat or any thing of the sort; nor does any witness against me say that he ever heard that I said such a thing till after they had heard I was arrested. I was indicted at Lockport a few days after the burning of the boat along with several others, and I am the only person that was directly sworn to on that occasion, as having been recognised at the boat, Adiich can be seen by reference to the evidencetaken before the grand jury in January 1838, in the Secretary of State’s office at Washington.

I was arrested on the 24th day of September last. Kept two days and nights a prisoner, as a felon, for that indictment. I applied to a Judge on a writ of habeas corpus, and an examination held in Lockport on 26ih September, I was discharged, as there was a mistake in the indictment, the Christian name being Angus in the place of Alexander M'Leod. I then said to Mr. Woods, the prosecuting attorney, before the Judge and a number of people : “ Sir I believe this indictment was intended for me, and although I am now discharged in consequence of the mismoner, yet, as I have business of importance to me in this and the adjoining country to settle, I am anxious to refute the charge of murdsr and arson that has been brought against me by the patriots, of which lam in no way guilty—and if you or they will bring an indictment to maturity against me at; your Court next month, and write to me the day of trial, I will attend with my witnesses,and clearly prove that I had no participation in the destruction of the Caroline. 1

The Circuit Court at Lockport passed over, and having received no notice, I thought that I might fairly return to settle my business without further molestation.

I was two days and nights publicly at Buffalo. I remained one night at the Eagle Tavern at the Falls, and came, on the 12th November to Lewiston—was just about to cross to Canada when I was arrested by a constable with a crowd at his heels. 1 then found Major General Handy, of the patriot army, and all his staff, and a large muster of patriots, were assembled against me. The in-' vestigation continued until the 18th, when I was committed. There was no lack of evidence against me, and they could have had as much more to order as they required. I proved an alibi certainly, but that was no use. Seeing the hands I got into, I was determined to use every means to get free. I was brought up again on the 12th of December, before a writ of habeas corpus, and the examination continued until the 21st of December. I again proved an alibi, but it would not do. However the judge, with the cunsent of the patriots, consented to admit me to bail, myself in 5000 dollars and two sureties in 5000 dollars. After great trouble I found bail, which was perfected, but the patriots had altered ther minds. They surrounded me with fixed bayonets, placed a twelve pounder in front of my cell—threatened my bail with death —took the judge out of his bed at midnight in a bitter cold night, and marched him in slow time to their assembly at the point of the bayonet: they had a band of music at the gaol door, playing the“ Rogues’ March,” “ Yankee Doodle,” &c. The patriot meeting declared their session permanent till my bail gave me up, which was done by one of them only, the other refusing to succumbe to the threats of this self-constituted body. This assembly which at one time amounted to 200 men broke up, after having spent eighteen hours in speehifying, firing of cannon, small arms, &c., &c.

On the 6th of February the Grand Jury found a true bill, and as one of them told me upon very stro n&prima facie evidence. This Jury appeared decent looking men —they investigated the case three days, examined about twenty witnesses out of some hundreds, that had been subpoened f or the people. It is long since I incurred the dislike of the patriots, and severely have they punished me, far more than the public are aware of. On the 13th of Dec., 1837., the Executive Committee and Provisional Government of the state of Upper Canada were organised in Buffalo. On that day a printed handbill was published, offering a reward for my apprehension, and dispersed along the frontier—notwithstanding I went to Buffalo on the 24th of December, 1337;

was mobed that night—next morning Pierce A. Barker, Esq., mayor and collector, called on me with a number of magistrates and others. Conversing on the war then raging on the frontier, I remonstrated on the impropriety of the people of Buffalo organising armed bodies of men. making cannon ball, fitting out steam-boats and other acts of war against Canada, and pointed out to him that the Caroline was then loading with arms and munitions of war for the belligerents on Navy Island ; and as certain as she did carry to them such articles, an attempt would be made by the Canadians to destroy her whereever she might be found. Mr. Barker said he would not grant a port clearance to any vessel to leave Buffalo harbour until arms &c., were discharged. The Caroline had, therefore to put her arms on shore again to be sent to Scholosser by land. There, by the oath of her owner on my trial, she took on board a cannon, a number of armed men, muskets, and bayonets, &c., and conveyed them to the patriots on Navy Island. During the time I was in conversation with the mayor and magistrates of Buffalo, about 10 o’clock on Christmas morning, 1837, a person of the name of Bull, a patriot, came into the room with a bag of feathers in his hand, and requested my presence outside to get tarred and feathered. I soon afterwards went outside and found about 100 people collected < in- front« of the inn with a tar-barrel ready.

I hinted to the mayor the ‘necessity I thought of keeping a few of the arms in Buffalo, instead of sending them all to Navy Island, for, as they had entered so fiercely into the war against Canada, they might naturally expect an unpleasant visit Sv. me night, from men who were goaded on to madness, by warlike preparations to destroy them and their families in defiance of solemn treaties of law and justice. Buffalo harbour with its 30 steam-boats and 150 schooners was then, as now, within ten minutes sail of the Canada shore. The hint was kindly taken at the time, and a pity guard of some 100 men organized that day to guard their property from patriots and others. It was my duty and my interest to prevent an invasion of Canada. I was then Under-Sheriff of the Niagara District which fronts for 80 miles on the state of New York. I had 80,000 dollars worth of property in my charge seized on executions, for which I and my securities were liable. There are many other matters which called forth patriotic virulence against me which I rpay yet make public. I am yours, &c. Alexander M'Leod.