Pawtucket Herald, And Independent Inquirer

Trials for the Abduction of Morgan.

Canandaigua, Friday, Aug. 22. P. M.

The trial of the indictment against
Bruce, Darrow and Turner, was resumed
this morning at eight o'clock.

The people having rested, the defendant's
counsel concluded not to call any
witnesses. They moved that Bruce be
discharged, on the ground that the Court
had not jurisdiction of the offence-that
no act had been proved against Bruce in
the county of Ontario that if he was
concerned in the conspiracy to abduct
Morgan, he acted in the county of Niagara,
and could only be tried in that
county, and not elsewhere--that the indictment
charged a conspiracy to kidnap
Morgan from Canandaigua, in the
county of Ontario, and transport him to
foreign parts and places, and that the
prosecution had proved the abduction,
and therefore the conspiracy was merged
in the consummation
of its object--
that there could not be an indictment for
a conspiracy to do an unlawful act, the
act having been done; the indictment
must be for the act done, and not
for the conspiracy. Gen. Matthews and
Mr. Griffin argued it very ably for the
defendant, Bruce, and Mr. Whiting and
Mr. Butler argued in opposition. The
counsel for the people contended that
the indictment lay for the conspiracy--
that the overt acts of abduction were
proved in aggravation of the offence--
that the first of the indictment was the
combination or confederacy--that the
conspiracy being formed to commit a
misdemeanor, the doctrine of merger did
not apply-that the acts of Bruce in Niagara
county being in furtherance of the
objects of the conspiracy he must be regarded
as a principal in the conspiracy-
that all the conspirators might be tried in
the county in which the first overt act
was done, to wit, where Morgan was
first unlawfully subjected to their power
and where the conspiracy must have
been formed.

The Court over-ruled the objection,
and said the cause must go to the Jury.

The cause was summed up by Mr.
Adams, for the defendant, (Bruce) and
by Mr. Mosely for the people, and was
committed to the Jury at 8 o'clock P.
M. The Court advised the Jury; that
if from the evidence, they were satisfied
that Bruce acted in pursuance of a conspiracy
against Morgan, previously entered
into, and to which he was a party,
they must find a verdict of guilty; and if
they believed that Bruce knew nothing
of the conspiracy, but first knew of the
transportation of Morgan when he acted,
then they would find him not guilty, because
his acts would amount to an assault
and battery and false imprisonment
in the county of Niagara, for which he
could not be convicted in this county,
under this indictment, which was for a
conspiracy to kidnap. The Court also
advised the Jury that they must be satisfied
that Morgan was in the carriage
in which, and on which Bruce rode, and
that Bruce knew it; that further, Morgan
was in there against his will, and
that Bruce knew that also.

Giddings having been rejected as a
witness, there was no testimony against
Turner and Darrow, and under the direction
of the Court, and with the full
consent of the public prosecutors, they
were ACQUITTED.

SATURDAY, 7 A. M.

The Jury returned a verdict of
GUILTY against Bruce, at 12 o'clock
last night.

The evidence proved Bruce to have
rode with the carriage in which Morgan
was transported from Molineaux's,
on
the Ridge road, 16 miles east of Lewiston,
and from thence to Fort Niagara;
all within the county of Niagara. Bruce
procured the horses for the exchange at
Molineaux's, and the passengers who
came in the carriage from the east, were
exchanged in a back street into the carriage.
Bruce was at Molineaux's with
the carriage at 12 o'clock on the night
of the 13th September. He was at Lewiston
at 2 o'clock same night, and started
from Lewiston about that hour towards
the Fort.

the magazine on the morning of the 14th.

Morgan was proved to be confined in
One witness heard a voice of a man in
the magazine that morning at 11 o'clock.

Fort at that time. It had been closed
No person lived in or occupied the
since June, 1826. Giddings had the key
of the magazine on the 14th of September.
The witness, who testified to the
voice in the magazine, went into the yard
of the Fort with Giddings, and Giddings
went to the magazine, opened it, and the
witness heard the noise ; thinking there
was something wrong, he turned away
from the Fort as fast as he could. He
was a brother-in-law of
visit at the time, and is an intelligent young
man, of the name of Jackson, residing at
Lockport.

It is remarkable that Bruce called no
witnesses to explain his conduct, or in
any manner to exculpate himself.