The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-11-12
.,.,tv a.. can't. in siiyer and asked him

CT persons. law
whom l supposed to be Fenians, h'ei
Green tunics and others American uni,
forms, but most OF them had Civilians
clothes. =.
Geo. Grabson sworn-I live about
three miles from Fort Erie, little
north-west of the Henderson Road.
saw the prisoner on Friday, the LIST OF
lime. about 5 o'clock. / saw o person
near Priceiy who / supposed was the
prisoner. l vas going home and ne
rode past me furiously. / saw INN IN
the afternoon in q shoemaker's shop IN
front of my house, on horseback; weni
over to him, he was armed Win nhe
and fixed bayonet; such as the remains
carried. He asked me what l was.
said / was au EnSiishnan: lie said
they Lad come over to take the country
and the hated Saxon race Wa extinct
Prisoner smiled, and glanced ut the
,llry seat.) He asked me- for quarter
of n dollar. / told him that quarters
we're very scarce. He said, get II, IN
commanding tone-I want something
to drink. went and got il and gave
il to him. He then gave 1t to llttle
girl. He appeared to be under the IN IN,
Huence of liquor. He was not dressed
as he is now; he had q sort OF green
veil around his neck.
Cross examined by Mr.. Mckenzie
He demanded tho quarter alter ne saia
the Saxon rule was extinct.
William Miller sworn-l live hye
miles from Fort Erie. / was at Mr..
Pricely', farm OH the LIST of June last,
and saw the prisoner there four times
ON that day. He rode to the gate and
called me ont to get him sOmsthlng to
eat. He was armed with rifle and
bayopet. got him what he wanted
and he went away. About an hour at.
forwards Saw him again; he was still
on horseback; he got off his horse and
said to Mr.. Pricely: Give me two dol
lars, / want to 60 and treat myself. Mr..
Pricely gave him some money, out not
two dollars. He had some converse.
with him, in which he said they had
come over to take Canada, and then
were going to free Ireland. He return
ed ap,lip in about an hour and wanted
the rest of the money. There were a
great many Fenian stragglers about at
the time. They got some bread ana
meat: what the prisoner said was salts
factory.
Mr.. McKcnzie-I have not the least
poubt tit. Iaughter.)
Cross examined by MIR. FleIning-Al-
though he appeared under the influence
of liquor, he could sit on his horse very
well. His talk was not wild OF e1trav-
CANT. :,
Mr.. Mckenzie read and put in several
affidavits as to the prisoners previous
GOOD character. Mr.. Mckenzie then
proceeded to address the jury for the
defense, and in opening his remarks
that he had been forced into
the trial by the Crown counsel before
he was ready to proceed, inasmuch as
he had no witnesses in attendance. He
then continued to argue that although
the evidence WAS certainly OF strong
character against the prisoner, and pos
sibly might be construed by the jury as
exceedingly prejudicial, still there was
nothing to show that he came over here
for the purpose of leyying war against
Her Majesty. He certainly did come
here and acted in an exceedingly wrong
manner in plundering any British sub
ieet. He submitted that he did so
whilst laboring under the influence of
drink, scarcely knowing what he did ut
the time. Mr.. Mckenzie concluded by
stating that he did not offer any pallia-
ton for the prisoners conduct. He
thought it very outrageous, and if &C
Quilted of this charge the Crown would
no doubt try him for obtaining money
intimidation, which it was
plain that he had done; but he submit
ted that, taking into consideration his
youth, and that no evidence had been
shown of his intent to levy war on the
Queen, they should find him not guilty of
the present indictment, thus giving the
Crown an opportunity Of prosecuting
him for the offense, if he committed any,
of which he really was guilty.
His Lordship then charged the jury,
explaining to them the law under which
the prisoner was tried.
Mr.. McKenzie-I propose to take the
same objections to your Lordship's
charge as / did in Parry's case, with
these further objections:
lot. That your lordsiIip should not
have told the jury that the proof laid
on the prisoner 10 show his business III
Canada on that occasion.
I'd. That your lordship should not
have expressed yourselfim saying, "Can
there be any douDt that the prisoner
was at Lime Ridge or Fort Erie"
Sd. That your lordship should have
directed the jury that the prisoner was
riding on horseback between two and
five o'clock in the afternoon extorting
money from the people, which was
strong evidence to 20 before the jury
that his object was private plumber, and
not pablo war, and that it laid on tho
crown to show, by direct evidence, that
he WAS connected with the Fenians.
At ten minutes past two the jury re-
turned into court with verdict of
guilty.
Mr.. HarrisOn-I move, my lord, the
Judgment of the court npon the prisoner.
Mr.. Mckenzie moved the court in ar
rest of judgement, on the ground that
the offence charged was committed i'll
the county of Ireland, and could not,
under the statne, be tried in York, being
one of two counties united. His LORD
ship over-ruled the argument.
His NEUTRALITY-SUSPICIOUS., have you any
thing to say, why sentence should not
be passed on you.
Prisoner-I have only to say that
three witnesses who have sworn against
me, that I obtained the money from
them by threats, is false. and they have
periured themselves. l simply asked
the money in a friendly way.
The usual proclamation having been
made previous to the sentence being
passed, his lordship sentenced the pris-
oner to be hung on the 18th Of next
month.
From San Francisco.
SAN Francisco, November 10.-The
steamer Constitution, for Panama, sail
~.