New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-17

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JURY-MR. M'KEszIB TO MOVE FoR NEW
TRIAL.
NJ TELEGRAPH TRIBUNE.
TORONTO Nov. ls.-The court opened OF 10 In Cher
Justice j. Wilson presiding. At TO- NJ Thomas Smith,
who arrested in this city for Sonspirng against the
throne Of Her Mscsty discharged his own reeog
nizsnes.
Mr.. McNabb informed his Lordshp that Eisr Burton
was stll confined in Jail, who arrested dunng the
time Of the raid and had been suspected Of beng
unate II evident that he in no way connected
with the Feniane. He had three times written to the
American Consul ard had twice him as TO having
this away, and this morning had called on MN
to he would not forward tho prisoner TO his home
he understood that the American Consul had no funds
Appropriate for such purpose, unless he paid 1t out OF
his own pocket.
His Lordship said would DO better to pay his fare to
the bridge.
Mr. MeNab said be would see the manager Of the Great
Western Railroad and obtain for prisoner pass to the
bridge as soon as possible.
The Grand Jury then entered court and handed ID the
following presentment:
Tho Grand jury Of our sovereign lady the queen lor sns
Delivery present that having been
notified by the Crown Counsel that their services would not pc
Court and Counsel their appreciation Of the kindness
and eemany courtesy extended the jury in the arduous
s% Sn s G aSoe to eSs % @ Separate
out expressing their admiration Of the manner IN when
Quoted the Of his LOrp the ChefJustee and the
SS Ey nas sef@ S az ILLEGAL and 9n
usthabe cmnaiy defend themselves against the charges
have taken advantage d them The jury would
hope that another invasion VIII never again DO
time fall into the hands Of justice viii be enabled TO advise
their brothers crime the other side Of the lines that punish
TO follow such attempts to hberate Ireland by in
cng upon Canada the curse which they would have US
believe they are trying TO remove from their native land Inc
In the Iaf petition being circulated this city
mending hogging a means 10 prevent crime 49,
conduct Of the Crown counsel and himself
in the they had adopted in reference TO the fenan trials
had with their appreciation No doubt might have been
better the learned Justice Draper had been the sitting Judge
on % important an OCCASION ent u e 10 DC hs 10y 90 30
his charge which shows the object that the different political
approaching and they wanted 20 the fenan vote
Such conduct the part Of nation At peace WIN u.s. TO say
that II the American eminent steps which
necessary under the Circumstances. me unfortunate
pursuing an honest ayocation the other side
Of the line. After thanking the grand jury
for aud and trouble they had taken IN
the Of the different brought before them be
discharged them from further duty HIS lordship then dis
hncc tie o his remarks he stated that lie perfectly
conncded In the different yedeis they lad brought IN Tho
The Court OF the Queens Bench meets on Monday
when Mr. Mckenzie intends 10 argue the case Of the con-
denned Fenan prisoners and present bis objections
against the charge the Jury by Judge Wilson, and the
move for a tria for the prisoners.
Sheriff Jarvis has asked for an increase Of the military
guard at The la. Ft6Is are entertained tbat an hcfb
VIII be made c release the prisoners confined there The
Queens Own have received orders hold themselves
readiness for duty the sound Of the alarm bell
SKw TRIAL FOR THB PRISONERS APPLIED FOR - sUs-
PECTED MEN RELEASED.
rELEeRlFn TO rHE TRIBUNE.
TORONTO, c. W., Nov. l6.-Mr Mckenzie, counsel for
tho Fenians purposes applying Monday to the Court OF
Queens Bench. or Common Pleas for trials for
Lynch, Hayden, savn, Whaen, and Quinn, the fepians
uudcr sentence Of death.
a police magistrate a few days ago under the hdbeas
corpus suspension have been reeased from custody
Mir Patterson theif counsel, prepared petition TO the
FRI, tive Imncil nd alan obtained afiidayis testying
10 Nsf r.s tsisty aud ntsnoa u s4tiins a. ~ -
gong into business These papers Mr. Patterson SAT-
mitied To the authorities here who considered them
sufficient and discharged the prisoners on their own fecog
nizances for 2 100 each, and one surety Of 500.
LITTER FROM THR BRITISH MINISTER TO Mr.. SEWARD
-Hg AWAITS DISTRACTIONS PROM HIS GOVERN
MEST.
WASHINGTON, Nov I6-The following letter from the
British Minister received to-day by the Secretary of
State:
sn Ihaye the acknowledge the receipt OF your
note u relating the sentences Of death passed
on Lynch and j. Mcmahon in Canada and stating
entertained by the Of the United States and the
various considerations OF law, policy aud humanity which
might be expected 10 arise in the course OF the trials Of the IN
du1s concerned In the raid committed Canada last
Spring Immediately the receipt OF that note transmitted
cow Of TO Her Mae.y's Government and await their
instructions before entering length upon the several
and Weghtv subjects contained In IT, The pursued by
lie Canadian Government In bringing these before the
regular tribunals Of justice thus securing TO the prisoners the
mn protection the Law affords to the accused and the readiness
show y them communicate all such documents 10 the Con
m the United States may throw light the justice Of
sentences an the regularity Of the proceedings viii
Trust satisfy the Government Of the United States that while
yndcaing the majesty OF the law the authorities do not con
duet the prosecutions In yindictye or harsh spirit
am moreover authorized TO state that the
whole question Of the disposal OF such OF the may
b. Convced been referred for decision Her Maestys
Go, ernmen wI certainly be animated by the desire
deal with 10 secure and harmony between the
populations living IN such immediate proximity and separated
\, long frontier easily trayersed have the honor To be-
With the highest consideration Sir your most ohedent aud
humble servant TEEpEElCh W. BRUCE
Tie Hon WM II. SEWARD &C. &c, &C.
SPEECH or THE HON. DARCY M'GEE AT MONTREAL
THE CONDEMNED FENIANS NOT TO BE EXECUTED
OF 1GLEGRAPH THE TRIBUNE
MONTREAL Nov. l6.-At an Irish concert, last night
Hon. D'Arcy McCiee, member Of the Government an
nounoed that the Fenans condemned at Toronto would
not be executed. This announcement received with
great cheering; but when Mr. MCGEE 20 say that
The Fenans well deserved 10 be hanged his Irish auditors
booted and Kissed and made difficult for him to so on
and fnish his speech