Alexandria Gazette

CASE OF McLEOD.

Owing to the commission that was issued to take testimony in Canada, not having been returned, the case will not come on, probably till the close of this week,—both parties professing to desire, and, no doubt, actually desiring, a fair and impartial trial.

Before the Court proceeded to the civil cases on the calendar, the presiding Judge addressed the Jurors thus :—N. Y. Amer.

Gentlemen : It was my intention, had not the counsel suggested it, to charge the Jurors, that as some of them will have to try a most important indictment, and one which has created great excitement through the entire State it is possible that the Jurors may have heard and spoken much upon the subject It is nevertheless desirable that they should hear or know as little as possible in relation to it before they are empanneled to try the cause, in order that they should then know it from the mouths of the witnesses, and enter upon the case without having formed any previous opinion or predilection, and hence the necessity of their not conversing with any person whatsoever in relation to the facts of this case. They should enter into no conversation, or hear no suggestion from one side or the other. It is true, that if any man approaches a juror with the view or intention of influencing his mind, his doing so is highly criminal, and the man who so acts is subject to indictment, and if any person attempts to suggest to a juror facts or circumstances: or in any way tamper with him, it is the duty of such juror to inform the Court or District Attorney of it, and communicate the nature of such suggestions or attempts to bias or influence him in the discharge of his duties. It is proper for many reasons, some of which must be evident to the jury, to avoid all conversation on the subject; in order that, in the beautiful language of the law, they may stand indifferent as they stand unsworn. And any attempt to create influence of any kind on the mind of a juror, should be immediately noticed, and the District Attorney informed of it. I trust, however, that no such attempt will be made.

A letter from Utica says:—”I understand from the Attorney General that he will feel it his duty to call up the case again on Thursday, if no good reason is offered for further delay. Should the opposing Counsel still insist on delay, without further reason, he will probably be obliged to swear off the cause—in which case it goes over to the next term, unless by special agreement. I think, however, it will be tried at this term, and I hope commenced this week. The want of preparation on the prisoner's side is deplorable, as every hour's delay will tend to produce excitement, and give opportunities to prejudice the jury.

I have already heard enough to convince me that there will be some hard swearing and most amazing contradictions of evidence on this trial. It will be sworn point blank by persons who profess to have been engaged in the attack on the Caroline, not only that this veritable Alexander McLeod was actively engaged in that enterprise, but that he ordered a man to fire at Durfee on the American shore. and that, on the man refusing, he seized the gun from the soldier's hands, and shot Durfee dead! This is but an item; and the evidence will be equally positive and particular on the other side.”

We do not doubt there will be awfully hard swearing—but rigorous cross-examination cannot fail, we apprehend, to expose it, and justice will not, we trust, be slow to punish it.