The Portland daily press., 1866-11-09
THE FENIANs.
another Prisoner. Sentenced
II to be Hung.
1He Sentence Of Lynch and Nc
M0h0n to be COnsanacted. "a ?

Jonn Stevens, one of the Fenian prisoners.
was Iound guilty to-day and sentenced to be
hanged on the 18th Of December.
TORONTO, G. W., Nov. 8.
Ine Leader of to-day editorially says the in
dlcatlols in the case of the condemned Feni-
ans, look towards leniency N#
{ Inc Globe has q dispatch from Montreal,
saying, It is understood that the Government
az the late Cabinet meeting resolved to COM
mute tne sentence of Lynch and McMahan.
Tnree men named Bell, Flanagan and
Welies, confined in the Old Jail since June
aSt, on the charge of Fenianism, have been
releases rom custody, the Grand Jury having
ignored the bills against them. ,y-.r
Ine excitement over the Fenian trials is di-
minishing. The court opened this morning at
the usual hour. Patrick O'Neil was the first
prisoner placed in the dock Mr.. Mckenzie
Delore the prisoner pleaded, moved that the
inaiotment be qnashed on the ground of mis-
mltted IN the County of Willard and there
tore could not be tried in the County of York,
wnlcn was one of the two Counties united
mr.. n q Harrison contended that his learned
iriead had placed wrong construction on the
interpretation of the clause and that as to the
second ground, his Lordship had overruled
that decision in an application of the same ma
ture Yesterday. A lengthy legal argument
mere took pace between the counsel. Mr. Nc
kenzle-.l would ask your Lordship to allow
me until tomorrow to consider which course
should adopt in this case, whether shall enter
demurrer or allow the prisoner to plead over
y. I'll. Cameron-Better be careful how YOU de-
mur. In the case of the Queen vs. Sweetser
which IS reported and which I defended for
the prisoner, it was held by the learned judg-
es that unless the demurrer had been success
fq!, the sentence would have been carried out
His L0rdship-Very well. have no objec-
tion. The prisoner was then removed Pat
rick Magrath was placed in the dock Mr..
the Crown. ~
After an examination of few witnesses his
Lordship addressed the jury, explaining that
the evidence showed the prisoner to be a Brit
1sh subject; he could not, therefore, be tried as
az present indicted. Hs therefore dictated the
jury to return verdict of acquittal.
Mr.. Mckenzie then submitted that as q Brit
ish subject he should not be tried twice for the
same offence, and should therefore be discharg-
ed.
Mr. r. A. Harrison said the Crown has firth
ier evidence that the prisoner, if he is tried
again, will not be tried as an American citizen,
The Court adjourned until 10 A NJ, to-mor-
row.
1t is Mr.. NICK Kenze's intention to take the fol-
lowing on]ections TO all the indictments pre-
ferred against the Fenian prisoners vet 1urtried
containing double counts, and be will advise
the prisoner to plead plea Of d1frqj0is aco,Iit:
FIRST, Tn the the grounds of misjoinder of
Courts, that he is charged as an American citi-
zen; second, That he is charged as British
oupJeel, anu tua1 ne Is charged with what.
amounts to high treason; third, man cannot
be citizen of a foreign State and British sub
tJect at the same time; there cannot be two
distinct offences in the same Indictment; that
it appears on the face of the indictment that
the offences charged thereinagainst the prison-
Ier were committed in the County of Willard,
and the Indictment, therefore, could not be le-
gally preferred against him 6l ssls .5'5t@ 4
The Grand Jury entered the Court to-day
and brought bills against the following Feniai,
prisoners: John Hughes, Patrick Donahue, Jas.
Burke, James Spaulding, VIM Orr, Patrick
Heating, William Baker, Barney Dunn and
Fred Frey.
Two cases of rifles addressed to an unknown
person, were seized and detained by the tau-
thorities for instructions from the Governor.