New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-12-06

''''A TORONTO, Friday, Dec. 9, 1853.
The Court Martial at Montreal for the trial OF GER
tain urivates for having committed breach OF dIsci-
pine b. firing off their muskets among the people
during he GayazZi riots on the YIN june mas come 20
ID dead lock. In the early commencement OF It's SIT
tnqs lie Court put one McCulog trial for br ach
of discipline of the kind mentioned. The prisoner
counsel in his application for writ OF habtas corpus,
set up a remarkable plea and one that would under
most circumstances be likely to result the reverse OF
beneficial to bis client He contended that the ohense
for which McCullOg was put on trial was not faliy
stated that the ofonse charged was only the lngre-
dent of another and greater crime, murder, cosnzaOe
solely by the civil Courts; and that the smaller o1ense
could not be detached from the greater and tired by
Court Martial. The lOcth article OF war makes all
crimes not capital cogHizable by Courts Martial in The
army The shooting in this case must be murder, aai
therefore not cOgnizable in any other than the cill
tribunals. This singular plea for the counsel OF
the prisoner TO set up, as it did In elect charge
lin with higher crime than that tor which he
was arraiened before the Court Martial. The Civil
Court held that the plea OF the prisoner was
not cogrizable by Court Martial and that ne
could not be remanded to take his trial before
that tribunal; and even II he were renamed, the
judge held that higher military MISUNDERSTANDING
probably 10 the commander OF the iOrces-would step
in and the proceeding The Coast decided that
the causes Of detention were not sucent and 10 ais
charge the prisoner from military custody But was
the prisoner discharged altogether Not at all. lie
was however, allowed to 60 on his own personal re-
cognzance seeing that no citizen had denounced him
TO the prosecuting officers of the Crown, who do not
deem it their duty to play the part of constable
Tie Court Martial met again, but only to doubt its
own authority The prisoner Mitchell, now before
the Court had been indicted before the Grand Jury
October last for murder, and although the Court Mar
al did consider this barring his trial for breach
of discipline under the 1O5th article OF war, &c bad
doubts about the proprety of proceeding seeing that
another prisoner had been taken from il a writ OF
baJeas corpus The officers forming the Court there
fore resolved to submit the point jurisdiction to the
commander of the forces, who in the absence OF any
regularly appointed Governor, happens also to be Gov
ernor. General Ii is in his military capacity that the
case is referred to him for decision.
The Canadian Steam Navigation Company are get
ting built feet Of steamers, which are expected TO
make the passage, on an average from quebec 10 LF
e1poOl in eight days. Whether that expedition
will be realized time must determine. The COmpanys
contract binds them to make the passage in thirteen
DAYS and so far they have generally taken good deal
loneer-Once nearly twice as long. The first vessel
built expressly for the line has lately been launched
She is called the Ottawa. Her power will soon be
tested as she is TO be dispatched the ocean to
Port nd Tie proprietor of the Cunard steamers are,
according to report 10 start line to run 10 Portland
by way competition If this be true 1t is probable
that il will prove the first step toward free trade in
ocean steam navigation Beyond all doubt, the ten
dency of things in England is to get rid OF paying
bonuses TO steam navigation companies soon as it
can be conveniently done. Two other vessels for
the Canadian line will be launched in March next,
One of them is to be called the Canada which will
ate some little confusion the Cunard line already
owns an Atlantic steamer of that name.
A tea service has been presented to DR.. Mcdonald,
of Montreal BY the officers of the garrison, for the at
tention and skill he manifested in dOctoring the wound
ed men on the fatal 9th June.
The ice in the ST. Lawrence has arrested some YES
sells on the way to Upper Canada. The bark Mount
Washington the Water Lilly, and some Others, are re-
ported ashore at Rviere du Loup, and the schooner
John Parker from Montreal for Halifax, is sunk near
three Rivers l.. c.