much zeal. He would call upon the- jury to remember that this was not sense in which any man could be supposed to act without a motive. it would not be supposed that he (Dir

E) was actuated by any hope to in- ,

gratiate himself with' the“ Provincial Government—swim them, it was we known, he was in a 'state of political hostility. As a member of the popu-

lar branch. too, all this sympathies

were with the petiple‘, and the people

generally feel compassion for a party

accused. As to being actuated hrs

a spirit of professional competitor-

ship, he, called Goo to witness that such a feelingwas far distant from

his beart,aud that he should consider

bimeelfbaser then tlle__most disgust-

ing reptile that crawls the ground,

if he suffered the ’paltry idea of, a

professional victory. to enter his mind

on this solemn occasion. He had

enteredupon the performance ofthis

public duty. with a deep sense of its

responsibility: be bad humbly implor-

ed the aid oi that Great Being. the Eternal Judge. whose Spirit was even now, watching over this issue

of life and deathtand he would say

that be had felt a comfort and as.

stirance that his prayer was heardzi ' which placed him far above the

paltry rage of professional, compe-

titorship. lie calted upon the jury,

il’tbey detected anything in the man-

ner of his condgcting this case, which

savoured of undue severity. or ‘a

carelessness of the life of the un—

fortunate prisoner to frotvn him

down, and let him wither into nothing

before an expression of their just

censure. He said that be freely fore gave the iinputations which he could

not bur' feel to havebeen castupon him;

——he had known the opposing counsel

tin years, and grappled with him in

many a wordy war; and-although his

language might sometimes be harsh,

he believed his heart was good, and

that he would not deliberately impute

that, which he would resent having imputed to himself by-anothcr.

\Vith those remarks he would now call the attention of thejury to the evidence; and he was glad to perceive by the attention they had given to the case. that they must already un- derstand its most material points. The learned counsel for the. prisoner bad castimpurations on Mrs Alex- antler, the mother of the deceased, and sisier ofthe prisoner. No doubt he had been so instructed by the prisoner;and attempts had been made to nullify her testimony altogether, because, forsooth, the learned coun- sel detected 'what he called dis- crepancies in the statements she has made to different perso'ns when giving an account of the heart-reading transaction. The learned counsel had said that he was surprised at her testimony. lie (Mr E.) would de- clare that he too was surprised at it; not atits discrepancies, so called, btit at its wonderful correctness. Let the jury eon‘sider fora moment the peculilr position of Mrs Alexander. alter son, the stay of her age. lies mouldering in yonder grave-yard— hurried out of this state of existence by the hand of the prisonert—against that prisoner, her flesh and blood; her only brother, she, unhappy wo- man, is called upon to give evidence —-evidence that must hurry' him to en ignominious death. Will the learned counsel, as a father or a brother, have no mercy upon poor human nature; and will he persist in designating as discrepancies, those trivial and unimportant inaccuracies naturally resulting from iliisterrible event. But let not the statements ofthe learned counsel for the pri- M'IWI. nor yet any remarks of his (Vt Ede) become testimonials in favor of Mrs Alenander; let her conduct throughouto-let tier conduct

.— -

on this trial, be her witness. that she is formed of no ordinary clay. Few indeed there are who couldso calmly and so properly conduct themselves on such an occasion. While giving her evidence with a calm solemnity honorable to herself, and honorable to the early lessons ofduty and mo- rality learned by her in her native Scotland: the conflicting feelings of her mind seem to have pressed her into” a solidity which has enabled her thus to do her duty to Goo and her country. Heer B.) would ask the Jury to remember the insulting and degrading questions put to Mrs Alex‘ ander at the suggestion. of the pri- eoner. She was asked whether “she will not fall in for some property on the death ofthe prisoner?" conveying the insinuation that she is plotting 'thejudicial murder of the prisoner. for the sake ofsome thirty pieces of silver which she may inherit by that event. She remains unmoved. She is asked whether " she has not been indicted for perjury,” and whether “sheds not addicted to liquor.” She. gives to these degrading questions a calm denial. But when the question is put which reflects upon her un- fortunate son—when. she is asked “whether he was not the worse of liquor on the day of his death,” her feelings are awakened,and she tells the learned counsel, in atone of voice which could not be- forgotten. that “her son was never the worse of liquor.” Such is the witness: she, whose conduct throughout _hns een marked by a degree of forbearance. calmness; and propriety, almost eu- .perhuiiian. tler tale. was a simple one; and be (Mr E.) would now recapitulate it:—

, She and the deceased were sitting together in their house on Sunday morning the 29th June last. The house consists ofbiit one room—being a new house. not yet divided 05'; on

title west end, within three or four feet

of the South “'est angle, is the door. 0n the south side, four or five feet from the same angle, is a window. About H or l‘.’ o‘clock, thedeceased and his mother were disturbed hy_a visit from the ~prisoner, who soon after his nrrival‘began to irritate and annoy the deceased, by imperti- nently and insultineg accusing him 0f being guilty of meanness the even- ing previous, in not producing more Ruin to a oral-ling party ofthe neigh- bour!.wbo had' visited Alexander’s house, Mrs Alexander tells you that these insult were continued by the prisonerube deceased merely begging of himto try and be quiet an the Sab- bath day. lit-.(Mr B.) would freely admit that such insult might terminate in a scuffle; end, he would ask, what man is there who would not have en- ileaVored to rid his house of such an offensive intruder. Possibly the de- ceased might have threatened to pu- nish him;there is in evidence ofthat fact, but Mrs Alexander states that she said to the deceased, “ don’t strike him; it is better to tie him and put him in the cellar."

She states further that she left the house by the door on the. west end, leaving the deceased and the prison- er,whom by this time she supposed to be quieted—shat the went in a north- easterly direction by their usual route towards the road. and that this was also the route towards the prison- ers house. That when she had reach- ed the gate and was only the breadth of the road from the prisoner’s house she looked back and perceived that he had left Alexander's house and was walking towards his own: -that

wishing to avoid him, she walked a- long the road; that she had reached a point on the road where a fence which runs east and west about 100

roed.wbsn she perceived the prisoner

6

feet in fraut of the home strikes the’

returning rapidly from his house with a gun in his hand. That she then turned off the road and went west by the cross fence until she came to a style which she afterwards pointed out to Mr. McNeil,and which he tells you is 19! feet fro'm Alexander‘s house, and from which, it being on a rising ground, the door on the west end can be plainly seen to open through the window near the south west angle. That from that style ‘ she saw the prisoner come from the north east round the -'south west an- gle ofthe house to‘ the window and smash it with his gun. That through the window she saw the deceased o- pen the door, eud coming round the

rl

south west angle passthe prisoner 'six'

. or eight feet, who was still standing

at the window; that she saw no scuf- fle and heard no loud words,although she heard the glass breaking. That the prisoner faced about towards the deeeased;—-tbat the gun was fired— that smoke and terror prevented her from seeing more;-— that she rushed towards the spot--that the prisoner had fled—that she found the. deceas- ed bleeding eopiously, lying on the ground on his side and elbow; that when she reached him he said, “Me- ~ther, he has done for me now;" that seeing fresh blood on his month. she said. “ Sandy, has the shot struck you in the mouthz” that he replied— “ No. that is where he struck me af- ter I fell, see there," pointing to the wound above the navel. That she was thus alone with her wounded son; that she screamed for assistance --that the neighbours came—that,

l Mr. Moodie,Mr. Taylorw'ierarboiir

and others cams—that they carried the wounded man inside the house-,— thet they laid him on a pallet, where, .within an hour and a half, he breathe ed his last. The other witnesses,tlie neighbours,whosurrounded the dying iman‘, and, who. especially Messrs. F Barlfur the elder, and the younger. poiu ed his way'to that world where win and suffering are no more, give. a circumstantial account of his conduct during the short interval hetween re- ceiving his death-wound. and his death. Gentlemen. he died like a man, and what is better like a Chris- tianzperfectly conscious of the near approach ofdesth, he betrayed no sign offear; without uttering. a Pom- plaint, be calmly describes the blows he received after he fell. In the midst of his own sufferings, be en- deavours to comfort his mother aotl sister, who stand weeping at his side. He prays-he falters; his Christian neighbours cheer him tip, and tell him that short prayers have been often efficacious. They mention the thief on the cross; with his dyng breath he quotes one of the Paraphrases in reply, and saysthat— While the lamp holds out to burn. The greatest sinner may return; And he dies, praying for. and forgiv- ing the man who killed him. it appeared to him (Mr- E.) that Alexander Alexander had been train- ed iip in the way he should go; that. had he been permitted to live to be old, he. would not have departed from it. Cut off suddenly at thirty~iii the flower of his age, he dies com- forted and sustained by that beauti- ful Parephrase, which proliably,iii the morning of his days, he was taught to lisp as his infant prayer. lle (Mr.

cused of any attempt to create an ex- citementagainst the unfortunate pri- soner,by anything he had said. The

been called upon by the learned counsel for the defence, to give no ' lit tohlrs Alexiinder's testimony. proofofthie homicide, in that ca. would depend on the statements .by the deceased. Those state- weultl out be legal evidence

E) trusted that he should not be ac- .

Jury would remember that they had i

unless made in extremit —a I point of death—when everyy hope": this world is gone—when every mo. tivc to falsehood is silenced. and the mind is induced by the most power. ful consideration to speak the truth A situation so solemn and so awful ii considered by the law creating an obligation equal to that which is in. posed by an oath administered in Court. Thejury would therefore is. the propriety of his (Mr. End’s) shewing them, as near as possible the state of body and mind ofthe do: ceased; and it would not be proper to ask them to believe his statement. unless they were satisfied that the do. ceased felt that all of this world was' over with him

He(j\'lr. E) would now salt their attention to the gun, by which the wound was inflicted, and to the de- scription/of the wound. as given by DoctorGordon. it had been insisted upon that the gun‘ had gone effect-i. denta‘lly—in a scuffle between the deceased and. the prisoner. Mrs. Alexander tells you she saw no scuf. as. But supposing there had been,he [Mr, E] would ask, by whom was it' commenced? did not the prisoner leave Alexander's house, and go de- liberately to his own, and return to the unfortunate window, and break it ' with his gun, provoking the deceased who was peaceably inside the house? He would ask what was a man to do in such it use of invasion ofbii cas- tle? was he to fly? the poor deceased could hide himselfin no private room, for the house was a shell without par- titions. He[Mr. B.) would tell them that a man should not fly in such a use; that his duty was to deform his castle as moderately as possible, yet firmly and effectually. Alexander 0-

pened the door, and came out to do ,7 so, and he was instantly slain by the ‘ aggressor. It'this,he would ask,rnust l: be deemed an accident, merely be- , cause ofits barbarity antl atrocity, u how willthe. learned counsel for the 1 prisoner get over the subsequent blows gives to to the deceased “ after be m fell;” given too with a force so great (1,; and a malice so diabolical, as to . knock out one of the canine teeth and Ti to cut a piece from the lip ofthe dc- ' ceased; given too with this very gun. (Mr. End here entered intosmineis ils- .- scription of the manner in which the woesd ii. appeared to be inflictediind also recepitelatsd lie. at some length. the evidence ofthe Coreiiw l upon this point] The learned gentlssiss is resumed— ‘ l He would put it to the jury who 01 ther they did not believe that the d y ceased was shot, standing: and who Jr. tlier, after this description 0f 1P 3, pound and its direction. the desert [5 tion given ofit by the learned c000" wt for the prisoner could be correct lot The learned counsel for the pm?” had taken up the gun. and describe Y ' an imaginary scuflle. and had ll" The; the gun. as men nothing for I 1" till would naturally hold it; in whit- tar; ‘ position be [Mr contended ll} ' its discharge would not inflict! P0“ .h blank wound, it would, he “"1: ' ' it inevitably diagonal to the square ' be: the body. [Here Mr End tool! .9 ills the gun, and placed it toward! l” at: selfin aposition in whichits duel!" in‘ would produce the wound descrlb . .1 He would ask the jury whell’“ up was possible that the decent!d ' ":P" likely so to have voluntarily PM :3: himself before the muzzle 0 "u , ' in the bands of a math oglllewrw' .ltstil assiunnto tern ero t e . 'lt itcho was in the pact of break“! b that windows. and ofwhom he lift": " Mr Moodie the witness kn" ' - ' proved, that he had "5': | and declared he would be the " tit-l hit“. lle [Mr E ] would make M , "u observation. He felt Obii‘cd” ' in,“

:l Court and Jnryl‘er the patient! l'

’31