Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-11-10

mo AhSdAOCAdhOu, Has ISSCNCO P1ioCo3
as his proportion of the reward offered for
the arrest of Jno. Wilkes Booth, he being
one Of the troopers joined in the capture 8.
Mr.. Mckenzie: / also make the same
motion in these cases. The prisoners then
seyerally plead not guilty.
q. Bernard Dunn was next arTaigned. He
Is tall powerful looking man, betwee
forty and fifty years of age, and like the
preceding prisoners plead not guilty.
Mr.. Mckenzie made similar motion in
this case.
Patrick Donohue is man apparently be-
tween twenty-five and thirty years of age,
with dark eyes, moustache and hair, and
appeared to be the most respectable looking
ofthe lot He was neatly dressed in suit
of black, and when placed in the dock,
stated that ne was anxious to have his trial
proceeded with as soon as possible. To the
Indictment he plead not guilty, and his
trial, by consent of the counsel, was fixed
for the 18th inst.
Mr.. Mckenzie also moved to quash the
indictment in this case, on the same grounds
as in the previous cases.
/ Fred Fry, Swiss, next appeared at the
bar. He is a small man, with most repul-
sive features. He stated that he had served
in the British and United States army.
DIR. Mckenzie: This case is very hard.
l think we will be ready about the middle
| of next week. also in this case make the
same motion asregards the indictment being
bad in law.
VIM. Bakerwas the next prisoner placed
| in dock. The same plea was put in by the
counsel, and the defendant pleaded not
guilty, and stated that he was not ready for
trial. A lengthy discussion took place be-
tween the learned counsel, Mr.. Mckenzie,
for prisoner, desiring to postpone the trial,
without, as the Crown alledged, having any
reasonable cause for doing so.
! Mr.. McGrath: In this case which was
tried yesterday, and resulted in a verdict of
not guilty, after the rendering of which a
new indictment was preferred against the
| prisoner.
Hon. J. II. Cameron desired a jury
to be empanneled at once. Mr.. Mick re-
fused delay until tomorrow. Mr.. Came
ron, l will join issue upon the plea, my lord,
but must object to the postponement. The
plea is dilatory one, and there is no reason
why the matter cannot be at once decided;
unless there is an affidavit put in l cannot
consent. Mr.. Mick stated that he required
time to consider the question, and after some
discussion, it was agreed that the issue raised
| in McGraths case should be tried on Monday.
James Burk, James Spalding, and Mr.. Orr,
were then placed in the dock, and having
been arraigned, pleaded not guilty, and
stated they were not ready for trial. Mr..
Mckenzie in their cases made a similar mo-
ton to quash the indictments.
The Queen VS.. Dan'l Diamand. This
prisoner was next placed in the dock. Some
time was occupied in empannelling jury.
Gyenty jurors being challenged by the
prisoners counsel. Mr.. McKabe, in open
ing the case for the Crown, observed that
the Indictment in this case charged the pris-
oner as an An erican citizen and was framed
similar to the others that had been prepared.
The prisoner was arrested on Saturday the
I'd of June, at place called Trenchmen's
| Greek, with six barrelled revolver in his
possession, and from the suspicious account
he had given of himself the Crown had
deemed it their duty to indict him as there
were number of witnesses he would pro-
coed to call the evidence.
John Metcalf sworn.-I was present al
the fight of Ridgeway and saw Ensign Nc
Cochran shoot Then the prisoner made the
following statement, which 1 took down al
the time. He said he was an American
citizen and native of Ireland; that he was
a Roman Catholic, and worked with ped
lar. That they usually lived in Philadel
phia, and left there for Pittsburg. That he
was in Buffalo six or seven weeks before the
raid. That he came over into Canada OF
the LIST of June. That he returned to Buff
falo the same night, and crossed over agar
on Saturday when he was arrested.
Reuben Mazier sworn.-On Saturday
morning by direction of Capt King l arrest
ed the prisoner about four miles from For
Erie, on the bank of the Niagara river.
asked him ifhe had any arms. He replied
he had not. then searched him, when he
told me he had revolver and put his hanC
in his pocket and drew it out. l took it from
him. 1t was six-barreled revolver, loaded
but not capped.
Cross examined by Mr. Mckenzie Wher
| arrested him he said he was no Fenian.
Thos Sumersly sworn: belong to the
Welland Battery and was present with sew
eral others when the prisoner was arrested
as we were going down the river some on'
cried out "Fenial." Capt, King then or
dered US to arrest him; he said he was nc
Fenian, but refused to state where he came
from; there was some cartridges taken from
him by one Higgins.
| nelson higgins SWOTu. OOIIObpIdleu lLlt
evidence of the preceding witness.
Elan Upper sworn: Objected to by Mr.
Mckenzie on the ground that the witnesses
name was not on the back of the indictment
The Fenians arrived in Fort Erie on the Is
of June. Mr. Mckenzie here objected that
so far there was no evidence that the Pris
oner was a Fenian. His Lordship over
ruled the objection. Examination continued
they asked provisions for 1000 men, bu
there was not as many as that; they LANDED
at the lower ferry and from thence marched
to the village; some of them stayed on thu
brow of the hill and the remainder were or
Front street searching for provisions
Cross examined by Mr.. Fleming 1t is
custom in the States to carry revolvers.
Japh Newbeggin sworn: The Fenian
were arrested on Edwin Hutches farm abou
four miles below Fort Erie.
= This closed the case for the Crown.
The following witnesses were called io
the defense:
Japh Coon sworn: Ireside in Buffalo, ant
am Superintendent Of the Buffalo Iron an,
Nail Company. The prisoner was in on
employ for about a month before the raid a
a peddler. He was a transitory hand. Oh
the I'd of June heard that he was in Cana
/ ia. w LCu Win uS AiC bOAC q bOOA NAeAAeAN
ter. am an Englishman, and have residet
in the States since 1880. In times of ex
element it is customary to carry revolvers
At the time Of the raid good many peOpl
went over to Canada out of curiosity.
Cross-examined.-I employ between tw
and three hundred hands. The factory
quite close to where the Fenians embarked
Margaret Sweeney was then sworn:
reside at Black Rock; know the prisoner
|, he boarded at my house; he was there o.
Friday the 1st of June, l remember the da
by the boys making such fuss looking a
the company going into Canada; my sol
called the prisoner up in the morning.
generally go to bed early, but the boys dom
Cross-examined by Mr.. MeWade: TIL
Fenians were beyond the river when l 60
up; 1 saw nothing of the prisoner after
! ward; he was of a good character, and a
good boy as ever was in that house.