The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-11-15
CANADA.
Fenlan Trials at Toronto OADan WheI-
an Tried, Convicted and Sentenced.


.haei idi 7--- HF
ToRoNTo, Nov. 14.-The Court re-
sumed its sittings this morning, Hon.
Justice John Wilson presiding. The
Sheriff having called over the jury
panel, His Lordship directed the pris-
oner. Dan. Whelan, in whose case Mr..
Mckenzie challenged the array of ju-
rors Yesterday, to be brought in
Mr.. MeKenzie--I would ask your
Lordship to allow me a few minutes
for consultation with the prisoner be-
fore the jury is sworn. 9a 81.
His Lordship--Well, let it be a
very short one.aH All yesterday was
wasted through your objections 3soo
Mr.. MeKenzie--I regret to hear
your Lordship express yourself so. l
cerity, and thought You would also
give me the same; although you may
view these objections trivial, with all
due respect to your opinion, | am con-
vinced, In law, that the challenge was
well founded. ne ID .aaal - 4 81
IL Mr.. Mckenzie, after having con 4
suited with his client. read aud putin
an affidavit, made by the prisoner,
setting forth. at length, the objection
made to the challenge yesterday, on
which he wished His Lordship to
quash { panel; in the event Of re-
fusing this, to quash the jury list, or
to grant him rule upon the Attorney
General of Upper Canada. to show
why this course should not be pur~
sued, or else to put off the trial. 90
Hon. j, III. Cameron, on the part
of the Crown, stated that there was
no fact alleged in the affidavit which
would warrant such course. sg.,,
His Lordship| decline the appli-
cation. ,soa e., te.,.,f.#f... 4
Mr.. Mckenzie then claimed, as the
prisoner was an alien, that he should
be tried bya jury. egIis
Hon. j. III. Cameron objected on
the ground that the prisoner had al
ready pleaded to the Indictment.
His Lord -hip--I think the prisoner
should not be excluded from that
right. Let precept be drawn up
and handed to the Sheriff to summon
as jurymen six citizens of the United
States.
Mr.. McKenzie-As this may take
some time, in order TO avoid unneces-
sary delay, after consultation with my
learned friend, have agreed to
waive my right. lac
quired the prisoners, Col. Lynch and
0'Neil, as witnesses for the defense,
His Lordship decided them to be
sent for. 6o
Mr., McNab opened the case for the
Crown in short address, and Col.
John Metcalf being sworn, said the
prisoner made the following state
ment at Port Colborne:
He said he was born in Jackson
County, State Of New York; that he.
lived a portion Of his time in Canada;
that he left for Cleveland years
ago, and left there for Buffalo on the
Both of May to go to Ireland, to lSbe
rate her; that he came over with sew
eral others to Fort Erie, in Canada,
but was wounded at Lime Ridge lie
said they retreated at Lime Ridge
because the officer in command had
given wrong orders; said there were
900 men engaged at Ridgeway under
command of Col. O'Neil. He stated
that the Fenians were obliged to re-
tire In consequence OF the heavy hre
from our troops. ~. rf-.-
Robert Bloss Lynch sworn-Am a
prisoner inf jail, under sentence of
death; my home is Louisville, KY;
was employed formerly in the army,
but latteTly in a commercial house
there as book keeper; while in the
army | wrote several letters for news
papers, but was not specially en-
ployed; was in Canada in the begin
ming Of June, as reporter for the
Louisville Courier; / was to report to
Mr.. James McDermott, Louisville,
who held the position of Assistant
Adintant General to the Fenian Bro
therhood for the State of Kentucky,
and was to revise letters and have
them published; was not armed; did
not come over in military capacltyi
| saw the prisoner in June last, when
he said he wanted to get back to the
American side; do not know whether
the prisoner is Fenian or not. Sew
eral afidavits as to character were
then put in.
Mr.. Mckenzie briefly addressed the
Jury ON behalf Of the prisoner, urging
i that he was brought over here when
under the influence OF drink, cOnse-
ouensly not responsible for his acts.
His Lordship having charged tie