The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-11-12

u
90 His Lordship-Arc you ready for
your trial, prisoner? z io t3afp
Yes, my Lord.
Mckenzie His case, my Lord viii
have to stand I'VE are not yet ready.
The prisoner was then removed.
The Queen Us. VIM Hayden--After
heightened argument between the
counsel Mr.. Harrison persisting that
the prisoner should be tried, Mr. Me
Kenzie submitted that he was enti-
tied TO further postponement. The
prisoner was directed to be brought in.
VIM. Hayden, the prisoner, is about
twenty-six years of age, with light
complexion, blue eyes, large ears, and
countenance which betokens that his
intellectual attainments are not of the
highest order
Z Mr. Mckenzie also moved to quash
the Indictment, and the prisoner, by
direction of his counsel, plead not
guilty. q gplJ haaol
The jury was then sworn
Mr. McKenzie--I would ask your
Lordship, as our defense relies on a
question: of identity to all of the pris-
Oners, to be placed out Of the dock,
the same, | believe, as was done in
McHenry's case. if ~ sal 4sn
Mr. Harrison-I happened to be
engaged in that case, and have no
recollection of IT,. M t13mlsd e8l
His Lordship--Ifyou can show me
any precedent, Mr.. Mckenzie, | am
willing to allow it TO be done. 1 must
say | have never heard of such a
course being pursued before.
Mr. McKenzie---I won't press the
matter, my Lord. 98laI
John Metcalf sworn--I am private
in the Queens Own, and was present
at the fight at Ridgeway, when the
Canadian volunteers were attacked at
Lime Ridge; saw several killed and
wounded there; in conversation with
me he told me that he was an Ameri-
can citizen; that he used to work on
steamboats, was a native OF Louisville,
KY; had no home, and came from
Buffalo. IS ssmu lTfl s af.
James Newbegin sworn--I live in
Fort Erie On the morning of the
1st of June, about daylight, j saw
four canal boats towed across Niagara
River by two tug boats. The canal
boats contained several hundred men,
the prisoner among them. He was
dressed in plain clothes, and had
green velvet around his neck, He
was armed with a rifle, and had q
cartridge box slung to belt around
his waist, He was riding, roam
horse, which / afterwards, learned be-
longed to the Niagara Railroad Com
pany at Buffalo. The prisoner spoke
TO 0ramer Presley and told him 10
give him the rest Of that money,
Presley pulled out his pocketbook
and said, : ] have very little money,
and gave him nearly all he had. The
prisoner then said, . O, no, you have
lots OF money" Presley then gave
him some fifty cents in silver, and
asked him If he would not keep the
boys away, when he said he would do
so. as he now had something to treat
them with. heard he made similar
demand on other persons.
Cross-examined-Some of the men
whom / supposed to be Fenians had
green tunics, and others American
uniforms. but most of them had civil /
ians' clothes.
William Miller-I live FIVE miles
from Fort Erie. was at Mr.. Presley's
farm oD the lst of June last, and saw
prisoner there four times on that day.
He rode up to the gate and called me
out to get something to eat; he was
armed with a rife and bayonet; got
him what he required, and he went
away; about an hour afterwards I saw
him here again; he was still on horse
back; got off his horse and said to 1
Mr.. Presley, Give me 81. want to
treat myself; i'1Mr Presley gave him
some money, but not two dollars; they
had some conversation with each
other, in which the prisoner said they
had come over to take Canada, and
were going to free Ireland; he return
ed again in about one hour and want
ed the rest of the money; there was a.
good many Fenian slragglers about at
the time; they got some bread and
meat which the prisoner said was
satisfactory. a44"
~ Mr.. KcKenzie-I have not the least
doubt of it, Laughter. QqI2o-
ii George Graham sworn-I live about
three miles from Fort Erie, little
north on the Anderson road; /
saw the prisoner ON Friday, the 1st of
June, about 3 o'clock ), / was going
home and he rode past me furiously;
| j saw him afterwards at shoe maker
shop IN front of my house on horse-
backY Invent over to him; he was
armed with a rife and fixed bayonet;
\ he asked me what l was, and repIi-
ed / was an Englishman; he said that
they had come over and taken the
country, and the hated Saxon rule,
was extinct; (prisdper smiled and
glanced at the jury) he asked me for
quarter of dollar ] told him that
quarters were very scarce; he said,
get it, in a commanding way, as he
wanted something to drink | went