New-York tribune., 1866-12-03

Toroxro Dec I'm the case of the Rev. Mr. McAia
s,p col. H. Lynch and other Fenious appealing for new
mails. Judgment given Yesterday afternoon ID
gard TO M McKcnzies application for srule eallns on
ne Attorney-Genera 10 show cause why new ulat M
bord not br had and the verdict Of the condemned SCI
e.je tnc Chief Justice delivered the following Judgment;
s b. Cf .tice observed that the indictment contained
lr,s eots the hrt Of which charged the prisoner VIII
u,rr come this country for me puIps.,o o S,
,ensf c Queen the second charged him with having VINE
I'M r,nai, incd himself with divers III disposed Ices ioI e
purpose of committing act of war ana tnlIv @ m 10 -
committed Of hostility Ihe hfsi oll,y.vn , h,n @ "
m erc was no legal evidence to prove that te prisoner Me
w zen of the United State, while there was diee
i shoW that h. British SUBJECT ana lhat 5Hc wv tJ
e the statements of te prisoner the only evidence e &o %
,n ihat point His Lorshp then referred al lengh 10 lne
NAV deprive himself OF the rights and privileges by certain
scts such person by carrying on trade m 9nolni T! ,
hsj been held 20 be an alien and is aeoliltu IRON f
In support Of this he referred TO the ease o % "sr
Phillips lOmcs reports Fil. lie had never n''iu "ii,
authority which would gi'e me HlsoD,r ,oson and
Ia saw Il have committed high treason S, glS,
therefore. cannot be tried for giolg ana @ ne e fb
that If any complications or dmcunes q,so e % I,,rscif
S0rsc the prisoner had adopted they cmanated nom Z
ll-ef sufficient 10 show that he was an Anol S baJ
Having disposed OF that objection the same reasons ~. o
"lroady assigned would Govern % m INJECTIONS resolve them
and the fourth nth sixth ana ,eenu @ t,t Ir ,rsner
selves into this thar u has not been shown lua' y H.
Wt, and Nh. Ghip then read the evidence given NJ the
t11 showing the prisoners connection win the i'HaI>
Icy,i, of v- still he Court had IL in evidence that they
here in military array and appeared ~ mlnali it h
III
Yrsone came over To hs country with the body OF fens
with knowledge of their intention The Court however
flai some evidence had been brought forward At the
trial to show wlnt the word Fenn meant u lhat nad nee,
shown There could hive been doubt the point hnt apart
aam this hoh DEE and dis learned brothers after careful ana
II bcatc consideration had come 10 tho concaN" hN luo
evidence was sufficient establish the fact lhcle was m
, ouud sci forth On the learned counsel which was that
The learned Judge who ed the case was wrong n ens % %
jury that the prisoner came over with the remains ol
G y. w. Min and o..sin in the ac and equally guilty Al
lac, 1rof
language Mr. Justice Wilson still be Was o opinion lal
was correct nw The last grounds which The prisoner
,pp for new Trial were three ahdai the first OF which
made by the prisoner on the ground 0i suils, l
oi the testmon, Of witness called Mihgm and nc acl
that he could prove that he was IN Buffalo az lhc Hc
that witness had sworn that he had been seen n Fort Lc IN
support Of ths on affidavit has been made uy Mr a- "a
of Buulo who deposes that be met the is'h, m
lie morning Of the let Of june between The holl, 'i oI
O'Clock, in Buffalo and had conversation WIZ Nm ~. ,io
stated that it was ms intention 10 go over ana Hu 10 b
wounded in Canuda and tlai With such luivh ne EZi Z m
prisoner list containing tle names oi d 5i5,,it
friends who with the expedition ana the oheT oudl'
ing 10 come over and testify that effect whenever called on
On the whole he Of opinion that nl the grounds mhen
the prisoners counsel for granting RUE 10 SNOW ST @ e
n and that ifi had been granted would merely nave oen
wasting lime and words 70 mo purpose as tue Coa Nouu ho'
r could arrive other conclusion than 20 refuse Tie rule
Justice agcy then delivered judgment III the case %
Queen agt Lynch having recaptuldted objections Ser'a
aI stated he perfectly COneuTed IN the views expressed
by the ChieJustice and having taken much care To su
u the different points involved and objections raised ne
hel come 10 the decision that no sumcent sIouhos h
been made out To the Court in granting the rule
uts Justice Morrison delivered Judgment IN the case oi me
OueeD az school and stated he perfectly coucuUcd with
The learned Chief Justice and Justice Hagery in the
course they had pursued He had no doubt OF the law on
1he subject. and must therefore refuse the rule Mr.
Mckenzie then moved for leave 10 appeal TO tue Chet
Justice and said the Court anticipated such notion and
having refused the rule they did not consider and would
le warranted In granting the application.
Chief Justice Richards delivered judgment IN the Court
or common Pleas in the Of the Queen 0et Sevn 10
grant the rule a,s the grounds as those urged
ly the other judges.
To
DARCY M'GEE.
IFLEoR,rH TO THr rRiBrSL ,. 49,. f.. -.
MoNTRFAL- Dee "A force of volunteers has been Or
Hered 10 Swoesburch during the Feuan tnas; part Of
them from Montreal and the remainder are detached from
'hc Bcdfo2 Battalion, winch now numbers Il companies
An Of the local companies warned 70 be m readiness
for service. Col. Wosith commands the forces.
DAIRY McGec IN recent speech, referring to the con
vtfed Fenaus said: These deserve death but the
Rr OF the times is opposed 70 capital punishment where
any other punishment reach the case, and IN these
eases hope il may be found possible ~ tem1teT justice
with mercy.
AERrvAL OF FrS1Ay PRISONERS At swEETsErEG-
THE TRIAL TO TAKE PLACE TO-DAY.
~ rELreaarH II
SwEETSDrRG c. f., Dec. 2-Ihe Fenian prisoners who
were captured during the raid on the Mssisquoi frontier
IN june last arrived here this afternoon 10 be red al
special term at the Court Of Queens Bench for the Dis
tc Of Bedford which opens tomorrow, Judge johnson
presiding They left Montreal this morning by special
1ran at O'Clock ln charge OF Mr. Paycte. Governor OF
The Montreal Ja, and escort OF 30 good police armed
with Spencer rifles, under command OF Col Ematnecr.
furnished by the Montreal ROYALS aud Light Infantry,
commanded by Major Kenneth Campbell; Judge johnson
Mr. f. n. Ramsay. who viii conduct The teDl0n for
1he Crown; Col. Osborn Smith, who win command the
force stationed a Sweetsburg during the als; and num-
Der Of other official gentlemen, ci, and military. At
Granty The party were joined by party Of local yolnn
zceTs.
At West Sheford station teams were in waiting to cou-
yey the party and their baggage 20 Sweeisbug where al
arrived safely al O clock. crowd Of 200 ucrst
who hsd assembled m the village TO see the prisoners az
rive conducted itself with the utmost dccOrum making
no demonstration Of any kind The prisoners IL in NUM-
Der, handcuhed IN pars, four being in wagon to-
gether under charge Of armed policemen.
With two OF three exceptions they all Young lads
aveugng about ~ years OF age. They comfortably
dressed IN suits Of clothes, with comfortable oven.
coats sc, with which the Canadian Government had
ordered them De provided when captured they for
The most part wetchfdy clad portion Of the expense
however borne by fund.- paid through the hands Of
Mr.. Devhn their COUNSEL iOr the same purpose Their
names as follows:
George Crawford james RearlCn Thomas smith George
Frederick Howard Edward Ggon Fenton Holmes Charles
McGOwan Thomas Powers Edgar Rogers. Cornelius Owens
Terrence Mcdonald Gutaye Morrill, Michncl Crovlcv Fd
Napl Cnrr0l Daniel CObun and Thomas Madden.
At the entrance % the SwectsbuTg jail Mr.. Pavctte
transferred them from his custody 10 that Of the sheriff Of
Bedford District
The court opens at 10 tomorrow.
MessTs. Ramsay Buchanan aud LanclOt engaged as
counsel FOR the prosecution.
Mr.. Barney Deylin II Is understood, will arrive tOmOT
row 20 appear as counsel for the defense.
The Court will probably be engaged with case Of nur
der aud o1e two Of larceny until the Grand Jury decide
on the bills with reference 10 the Fenian prisoners
Several local companies Of volunteer horse arrived in the
course Of the evening.
FEHIAN ACTIVITY IN KENTUCKY.
rELFGRiPB TRIBUNE
LOUISVILLE Dec The Fcnans have been very ac-
tive In this city during the last week. We look for some
decisive movement soon.