The national Republican., 1866-12-22
The Fenian Trials.

SwKzrsBURa, December 2l.-The court
met at ten o'clock. Thomas Madden was
again placed at the bar.
Mr.. Ramsay addressed the jury for the
prosecution, and answered first the state
ments Of the counsel for the defence as to
the exclusion Of Catholics from the jury;
the courts holding the trials in Bedford dis.
trict instead Of Montreal and the alleged er
post facto character of the legislation under
which the trials took place. ...
The only points in the defence, be said,
which were any answer to the accusation
were four:
First. That there was no evidence affecting
the prisoner before the 9th. He replied that
the Grown were only prosecuting for what
took place on the 9th. Ha
Second. That the prisoner could not be
bringing them there, because the Fenians
were retreating. He replied that 1t was
enough that, no matter what day they en-
tered, they were still in the Province on the
9th.
Third. That sewell had no right to FIRE on
the prisoner without demanding first his sur
render.
He replied that when the country was over.
run by armed invaders and Sewell encoun-
tered party Of them, he was not bound to
stop and parley before firing
Fourth. That 1t had not been proved that
the prisoner was British subject.
The Judge then charged the Jury. The
jury he said had to determine, first, whether
there was foreign invasion or not; secondly,
If there was such an invasion, was the pris.
oner found among the party Of the invaders,
and were his intentions innocent or not? II
they believed that he was at Ecel's house on
the 9th, having common design with those
men, they must find him guilty If they had
any reasonable doubt on the subject he must
be acquitted.
The jury retired at 1890 to consider their
verdict.
Thomas Smith was then placed in the
dock, charged, as an American citizen, with
being and continuing in arms, on the 9th Of
June, against her Majesty in Lower Canada
A jury was empannelled for his trial.
Interesting from the Rio Grande.
BROWNSVILLE, December l9, via New Or.
leans December 2l.-General II. Clay Davis
of Rio Grande city, accidentally killed him
self, on the night Of the 9Th inst, while on
rancho. Davis was in company with several
army officers. They were moving on q
rough road, when the ambulance struck o
stump and turned over. In the fall the
Generals gun discharged itself, the contents
lodging in his hip and abdomen. He lived
but few hours after.
A movement on foot to present General
Sedgwick with q testimonial for his interfer-
ence on the other side ofthe river was dropped
at his own request
Cortinas, with five hundred men, and Co.
males, with three hundred, left Matamoras on
the evening Of the 18th for Monterey, with o
view of taking part in the campaign in the
interior.
Escobedo and his staff left suddenly on the
18th, as it was supposed, to enable Minister
Campbell to profit by his escort to Monterey
to meet Juarez.
The Minister and Mr.. Plum, the Secretary
Of Legation, are still here.
| LATEST.
1t was rumored that Escobedo had re.
ceived intelligence that Cortinas and Canales
had pronounced on the road against Juarez
Government, and in favor Of 0rtega.
Yesterdays courier brought intelligence
that Cortinas and Canales had attacked Es.
cobedo fifty miles from Matamoras, and cap.
tured himself and staff