The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-27

Crosses Svunadrbe Forty seventh arrived in the VII
wi .ort Erie on Sunday morning anou. a aiao re-
seen Re prsoner al Major Caniss the Garrison
rosrA Fort Ere; boy Told Major DAWSON OF the
F1fty -seventb that there wounded man AZ the
Mouse Major Dawson ordered for men Of our company
70 go and examine the house, we 10 no TWO men ID we
loft OF the barn. two women I'D CauA nouse aiu tnere
we're No Fenans the house. and than the prisoner was
Cross examined by Mr. Csmeron-I was on'y in the
house = few moments: did not hear Captain Mc"urrick
saw ANYTHING 10 the prisoner tho prisoner denied having
anything 70 with the Fenians we found belt and
some other articles clothing belonging TO the Thir
teenth regiment OF Hamilton in neighboring house,
| found an overcosi belonging 10 the thirteenth
To Mr. Harrison-I saw the prisoner In tho Jail.
| John Metcalf sworn-I was in Rideway with the
Qeenis Own; the Queens Own and volunteers were
tackled by Fenians; the volunteers in uniform;
| saw a shot by my side the shot from the
Fenians saw the prisoner before until him
in ial he made no threats expressed hopes; he
from Buffalo, and that he United States
citizen that when he landed Fort Erie the Fcnians
TO Rdgeway act chaplain for them and that he was
about a half mile from the battlefield, and that he
attended to the wants Of the led that he had heard
the confession of five wounded FeDians who had died
Saturdays he said there several Fenians killed in
the woods but did not say the number he said that
there were four Fenans killed at Fort Erie and that
Colonel Bailey had received three balls in the br asst ;
when the prisoner arrested he told there
list Of the Fenisn company found on him, which we
wanted: there wore some pistol shot Of his and
some Sugs that he had picked up a. Rid9ewSy; soma
waters anconsecraed and some oil in small bottle, and
that no had not arms and was No Fenian.
The next witness was William Crump-I live in
Toronto; havs seen the prisoner al The bar before;
he mid he with the Fenians TO dress thor
wounds and asked me Il recognized him.
Cross examsned.-I think that was about all; went
in to see II could recognize HIM and TO benefit my
country, and 70 satisfy my curiosity; am loyal man
positively swear tha. never went there by any legal
advice for either the plaintiff the defence in this
believe did MT go there on the word Of gentleman
TO serve my country but only for curiosity.
BY Mr.. Cam rOn--If you don't answer / will not be
able TO get Crump from you
Wtness-rhat is my name; belonged to tho church
Of England; got statement from the other reverend
gentleman; when passed through the ward I was
afraid unless the turnkey with me- don't know
turkeys name, point blank don't know went thera
was the last words ever spoke; went there out OF
| curiosity
The court and Judge at the conclusion Of this witness
examination ware in roars OF laughter.
Several other witnesses were examined but their testi
mony Is mainly covered by that given above.
ARGUMENT N. c. DEFENcE.
The defence having no evidence TO offer, Mr.. N. c.
Cameron here addressed the jury in the following Ian
guaRe:-
GENTLEMEN OF THE JuRY-My learned friend Mr. Har-
rison. has told you, on opening the case that the
divers other persons who entered the province TO levy
war against her Majesty Mr. c. then proceeded read
the first count of the indictment which the prisoner
was arragned, and read clause from Vic chapter 15
In relation to tho indictment He then proceeded
state II am not aware, gentlemen that any Of you
FORE be opposed the Catholic religion you may
followers Of it, You bound consider the circum-
man unworthy of belief. Gentlemen Of the jury-I am
one OF those who don't hold any prejudice against
who differs from me in r'lsious belief; for in this
province We have religion and follow It, briefly
giving to all citizens the right to worship God 1t may
suit their belief You must be satisfied that the prisoner
came 70 administer TO the spiritual wants Of those peo
pie IN his capacity Of divine minister. He did not
come IL is true with the rife at his shoulder for it would
be against his humanity and bis religion to do So Tho
arst witness brought forward fur the Crown says
that the prisoner was seen with . valise at + It
n Will tho I.auc
want them. ! presume that the valse that the
prisoner himself had did not contain ammuni-
minister Of the Gospel administering to thor spiritual
wants. We found him there, accord ng to'the Crown
at the Fenian camp each time without arms We have
the two Mr. Newbigeins' testimony that they saw him
xitho any arms We have !. apparently by their evil
and was not seen till Sunday, whom he at the
house Of Major Cantz, attending the wounded Gen.
IS u hsnS. the
evidence that captain McMurray has testified 20. He
SAID the prisoner had said he there to administer
10 the wounded. and Fenians in the house Mr.
Potter said In his evidence that the prisoner said there
ments not to be relied on, as he says tire
prisoner said 80 and So without youching for the
fact The prisoner stands here, It matters not
whether as United States British subject
and he Ia supposed 70 be innocent until found gu lty
There is $ atement made BY the prisoner that he
he says he was compelled by those to give up his
journey and remain with tn You have got to deter
statement
that the Catholic throws great weight their clergy
mems words when dying. Yet there is no exception to
show that statement s untrue. You remember The ev.
dence Of Mr. Crump. What man OF common sense will
give bis evdence any credcnce and especially TO
be given him by you. Remember the prisoners state
ments to Mr.. Crump as he stated i to YOU DO
you think that the prisoner would have told Mr.
Crump that no came here TO dress the wounds Of
Fen Ss "ln ysa n know s E1ow ,so
prisoners own decaration,. and know he
has stated that no was his way Montreal That is
cfufA n Inf nhu Alan ra1
your attention to the words OF worthy and honored
Judge 1t better that hundred guilty prisoners
he'd Gentlemen Of the jury, he has made this dscla
ration tina, has been produced against him. You have
on way 20 Monrea ssrousn Fort Erie, where those
evil disposed persons were camped The counsel then
read the second count OF tho Indie ment in which Is
stated that tho prisoner associated with Fenians
which the learned ntlennnn took exceptions In the
thru count the only evidence hnd Ia that he
the "a OF june attending the wounded ~ minister
They say no was In the company Of the Fenans Mr.
New saws he was down In tho camp several
and spoke General ONeil II no was placed In
thai box you say engaged in levying war on
her Msestys domnionsf Mr. Mill,gan says he trested
the Fensns and drank With them Is that q reason
We must think that tho prisoner Ia guilty Of making
On our lady the Queenp II under ordinary circum-
stances the prisoner was CHARGED with murder would
you bring u In home against him for the evidence2
appeal TO you u the prisoner At the bar is pre-
pared take tho life any man or OF attacking any Of
Of every reasonable doubt that may arse say that
you must consider the amount OF doubts and am very
well asare that his lordship will ask you give the
prisoner tho bencn Of any doubts that you may have
There may be truth In the evidence but you have any
evidence which think Is doubtful give the prisoner
the benefit OF the doubt.
fENARks or rHg FOR THE rRo~xrurrov
Hon j. z. Cameron then arose, at fifteen minutes
TO four and fad tho prisoner at the bar could
fou I'D more eioqu mt advocAt tho members Of
the bar than The one no has The prisoner IL mistaken
when he thinks he the Province 70 levy war
against her Macs II he entered the Province with.
out arms W mud him Administering those who fred
the Ms that wounded tho subject. OF her Majesty The
law " too wiss-too much surrounded by her State
guards-o let a clause 20 that would permit
this. II h. came into this country with the in
tention OF aiding those who came here to levy
war on our citizens, then he II much guilty a.
those wbp shot npUn ci,izens nj Ridgway. We
dont acknowledge that this prisoner liz a citizen
81 Great Britain, he states lie In from tho United
states. aud no himself admits that ne was citizen OF
the United States, which have proved TO your entire
satl-iact on. leave tho your minds, and with