New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-08
THE FENIAN TRIALS.
FURTHER EXAMINATION or PRISOEERs-oSE OF THE
QUEENS OWN" on THE sTAED-AEorHRR FBNIAN

QUEENS OWN" on THE sTAED-ASoTHRR FBNIAN
SENTENCED TO DEATH
TELEGRAPH
TORONTO, Nov. The Fenian trials were resumed
to-day before Mr. Justice Wilson. The Hon. j. H. Cam
eron K. A. Harrison and I. McNabb appeared for the
Crown, and K. Mckenzie &C, and j. Fleming repre-
sented the American Government.
William Hayden was first placed in the dock. The
prisoner was indicted on the 18th of October and his ta
fixed for the 3st by his own counsel that day his
trial was postponed till to-day.
HIS LoRDsHIr-Are you ready TO proceed in this case,
Mr.. Mckenzie.
Mr. McK.-Two Of our witnesses have not yet arrived,
my Lord, but may be here in the OF the day In
the mean time, willing that SleVns case DO pro
ceeded with
John Slovin was then brought in. The prisoner was
deaf in consequence Of which he permitted to take ms
place within the Enclosure kept for counsel He had no
counsel specially retained The jury panel having been
called his counsel instructed the prisoner that he has
right challenge any of the names he may hear called On
the Jury about to try him.
Mir Campbell CLERK Of the Court having explained this
10 the prisoner said My Lord he does not intend to
challenge any, jury having been sworn"
Mr. r. A. HARRISON In short address, opened the case
for the Crown and having explained the different counts
of the Indictment said he would not delay the jury but
proceed to call the Crown witnesses from whose evidence
il would be for them to judge with what intent the prso-
nCr came into the country.
John Metcalf being sworn testified follows a pri.
vnte OF Queens own; the battle of RidgcWay
employed at the old Jail know the prisoner he made
statement to and gave him caution that anything he
stated would be given in evidence against HIM he told that
belonged New York that he glider by trade and
Roman Catholic by religion that he camc from Honeyeye to Bur
that Thursday the 3lt Of May he over from
Buffalo Fort Erie that he arrested saturday between
hehou of0 and Il o'clock in harm that he was asleep AZ le
time Of his and that he unaware what part Of au
ada he in at the time that man Of the name OF John
Hughes crossed with him. and that man whom nc u
not know paid their passage over he sara ne Formerly pon
Tossexamined by Mr Mckenzie not father coniessor
to these prisoners am turnkey in the jail eohsae as
doing duty when around aud TOOK me atcme OF
prisoners much if shoudered my rne got 10 oe 10
do so the prisoner Is very aehl' -, H., i,o hoo,r Eo-
Erie about mile from NeWbiggln farm on Satuuay morn
ing about o'clock the prisoner alone IN IOht OF my
he carried ride with ba{one be was made present o.
H. asked him where he had been, and he replied he had
been Fcnans but that he had LETT them on the town
Tense until tho main body bad passed and then returned
sI1mi9S o. ON 1[ Hsd about milo below nv Pacc
think he said he Fenian he told me that he was hard
he was afraid he would be shot by their pickles well
Joseph Ncwbggin and e1nmnedl saw the prisoner
wa. asleep at the time Fenan rife and boyonct there
the reason know that the rife was tenan one Is that u hod
bright barrel and nodded in steel different ron that
william Milcr sworn-I was on Mr. Stocswcrs farm the
rifle there MIR Stockwcl handed rife to Capt King which
said the prisones cannot SAY whether the prisoner
Lieut. Schoded sworn and ezamined-f officer in the
Wcand Battery ana saw ihe piiscc On ,e s os % W.
9d Of june when the woand Field Battery was attacked
Mr. Mckenzie objected 10 this evidence on the ground that
the prisoner responsible for anything that Is done after
TX. A
but merely show the intent Of tho mnin body who
cane qy S.R the eI %G3f the oh Objection june
EXAMINATION CONTINUED.
The Fenans attacked the Wcnnd Battery numbered -
Cent King Fergus Schofed Bradley Robert Thomi,
and John Harrison wounded on that occasion
Mr. r. A. Harson-Ihat is The case lOT the OTOWh my
Sir Mckenzie then raised objection. to the ndic
ment much the those raised In Barry and with the
exception the last which that the statute under which
the prisoner tried passed subsequent 70 the eommh'a
OF the act with which the prisoner was charged 49,,
John Hughes was thon examined for the defense, es
follows
know the prisoner working together Of Honcyeye
until the 2d OF May when finding could get no work We
went to Buffalo walked the whole way went there 90
Nav the works belonging to Taylor Conveys they
aro and glider Sevn aerward came out with
gave SeYn g. aud went aud got something 20 eat we
serWsrd walking in the street when whose name
wanted work 10 which replied yes he then said
ss he TSas s some and men u 10 60 Railroad SSf S did
give answer Al once. but said we would con.
order to go over Erie the ferry boat
and the foreman who told ms We could go TO work N the
morning asked him where would get board sud he
sent up with TO Smiths tavern Seyin had some
money left and after having several drinks went 70 bed at
that time there no tsk about anyone coming 70 fo I'M
got up clock the morning for the purpose oil gong
work and while waiting for breakfast ot OF men came N
and up everything IN the place when went 20 go ot
with and bayonet stopped me and soon amer NOR
armed up they then marched the road they kept
the house wanted to go TO work 70 when
they replied don't bother now We have oiher matters 70
think o than and your foTenan
(ross.examned By Mr. Cameron arrested by both
parties in the ferry boat got over between
and O'Clock Thursday evening and the foreman
tried 10 see the superintendent but he out had not
pistol neither did walk through pond OF water 10 AVOID
arrest any party he that which Is false
was arrested on Saturday morning Steven had no rhe with
him when he parted with Friday went 20 the ferry
in order get back but the captain refused 20 let me
do 40 unless him have heard plenty
about the lrishnan but never
Fenian organization The witness then asked
Nv Lord would know the Grand Jury bring
In true bill against whether the Crown will have witnesses
bough here 10 show that slept Smith that night have
no means doing myself and have been kept i've months
In TAIL without knowing for what His l0rdsip replied mat
snv require that IN Canan shall be
brought here without It's costing yOu anything.
James Andrews reside IN Buffalo, WOIk az Thy
lor Buffalo have known the prisoner for some
on the NAV obtain work did not require any one az
that time asked him n he fcnan at the time and he
said Mo- scOtchman by birth, and have resided iof
fifteen years IN the States
Jane smith sworn Am wife OF j. Smith who keeps tavern
~ Fort Erie evening Of the 3st the prisoner and
Hughes their house lad supper and went TO bed next
morning and surrounded the house they
had heard Seyn nnd Hughes they not fe
uians-that they came 10 work on the road.
This closed the evidence for the defense Mr. Meken-
ze addressed the jury behalf Of the prisoners in long
and able speech Hon. D. II. Cameron replied behalf
of the Crown The Judge summed up reviewing evidence
for and against the prisoner. The jury retired bringing in
verdict of guilty. The prisoner then sentenced TO
be hanged on the 18th Of December.
CANADA.