Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-11-05

salu, u am chaplaln; ana we were al
we'd to 90 on.
Cross-examined: All he said to the SEN
try was, II am chaplain"
Thos. Newbiggins, brother of the last
prisoner, swOre similar evidence to the last
witness.
Thos. Mollesworth sworn: Heard pris-
oncr say he was reporter for the New York
Herald.
DR.. Kimson sworn: Am Receiver Of
Fort Erie. Saw him Saturday before the
fight; he was afterwards brought before
me and ordered him arrested.
Col. Dennis sworn: Saw prisoner when
he WAS brought on board the tug Robb as
Fenlan prisoner. He told me he was not
n Fenian, but a clergyman of the Church
Of England. Hearing that there was
fighting lie came over to administer COM
fort to the wounded and dying. | px-
pressed surprise at his answer, stating that
did not see what use he or any English
clergyman would be among such Tuliians;
II they profe. sed any religion they were
Roman Catholics. lie repl ed that in such
eases he approached them as Roman
Catholic priest.
Cross-examined: From the appearance
Of the prisoner | was under the impression
that he was suffering from the effects of
severe spree.
For the defense, Mr.. M. G. Cameron called
DR.. Fuller, Of Syracuse.
He stated he was Il medical practitioner.
Had known the prisoner eince May, 1865.
Prisoner, in February, 1865, was Rector of
Trinity Church; considerei his character
decidedly anti-Fenian. Prisoners charac-
ter was good in other respects only he
drank little too much whiksy.
Mr.. j. Ii. Cameron-l must object to any
evidence being given OF prisoners sentl-
ments.
ii s Lordship-Decdedly so.
Rev. DR.. Cox sworn: Am Bishop Of
the Epi.copal Church of New York; know
tile prisoner; am under the impression he
went to Buffalo in answer to verbal order
| OF mine. ! regret to say he had rendered
himself subject to dismissal from church
by reason OF intemperance. On the Both of
May saw prisoner in Buffalo; gave him 4
letter from Bishop Potter, and advised him
to send in his resignation, as his connection
with the church would no longer continue.
Rev. Mr.. Greenham sworn: Am rector
of Fort Erie. On Tuesday evening pre-
ceding the Fenian raid met the prisoner; he
told me he thought of applying for a mis-
sion In Canada; next met him Wednesday
morning, but he had so dissipated all APP
pearance turned away. The morning Of
the lst again saw him he was talking to
some villagers, who he was inviting to
take up arms against the Fenians; said his
Scotch blood could not stand it.
A Z. Cook, of Brooklyn, Mich, sworn :
Saw prisoner at Buffalo in the evening and
at twelve o'clock ut night on the 3lst of
May. From his conversation would not
have judged him to be Fenian.
Mr.. Whitney, proprietor of the Mansion
House, Buffalo, called: Prisoner arrived at
his place on the 3lst of May; entered his
| ma IN no nis isto nd VI
ing left early without paying his bill.
Rev. Mr.. Hill sworn: Am acquainted
with the hand writing of Mr. Lumsden.
Looks at the hotel record. That is his
| writing. Prisoner has O wife aud four
chldren-the oldest 10, the youngest an
infant.
DIR. Trowbridge sworn: Reside in Buff
falo. Was at Fort Erie on the 30th of May
went there on pleasure excursion; also
went on Friday. Was never in the Fenan
camp; never met the prisoner, but heard
him spoken of. Went there to assist the
wounded on both sides alter the skirmish
at Fort Eric. saw a middle aged man on
horseback, who l was told was General
O'Neil.
r. A. Harrison-Never mind what he
told you.
NJ. G. Cameron-I wish to show your
Lordship that this witness was taken by
, mistake for the prisoner by Gen. O'Neil
, who ordered him of as British spy.
, His Lordship-If you want to prove that
it is by Gen. O'Neil you should do so.
NJ. c. Cameron-Yes, my Lord, but un'
} fortunately Gen. O'Neil is not here.
) Mr.. +. N. Blake sworn: Am American
t Consul at Fort Erie. Think saw prison
or there on the I'd OF June; when l saw
him he was leaving the ferryboat. He said
"Mr. Consul, you are safe now; the troops
have come"
Lieut.. SchOfield sworn: Was at ForI
Erie on the I'd of June; saw prisoner.
This closed the evidence for the defense
Mr.. NJ. G.. Cameron then addressed the
jury in long and able speech for the de-
tense, contending that the case for the
Crown was a complete failure. So far from
being Il Fenian, his Intervention between
Newbiggin and Gen. O'Neil was an act oil
kindness to Canadians. Counsel reviewed
evidence at length, and said his intention
was to submit that all indictments against
Fenians must fail inasmuch as che imperial
act was passed since passing the statute
under which the indictments were framed
which should have governed the proceed
ings. The counsel concluded by touch
ing appeal to the fury to consider the in
nocent wife and children OF the prisoner.
Hon. j. Ii. Cameron replied, cOntendng
that the Crown had established a case. II
the jury were satisfied the prisoner was
aiding, abetting or counseling the Fenians
as religious advisor or otherwise, he was
equally guilty as If caught in the act OF
hostility. lie concluded by stating if the
jury had reasonable doubt, to give the pris-
Oner the benefit of it.
The Judge then charged the jury, con-
Guiding at half-past five.
The jury then retired and returned
bringing in verdict OF "not guilty"
The prisoner, visibly affected, burst into
tears.
j. Fl. Cameron-I move the prisoner be
discharged. SIN
His Lordship-David F. Lumsden, the
jury have taken merciful view Of your
case, and acquitted you. You must feel
the painful and disgraceful position in
which you are fixed; and that the jury
considered that at the time you were at
Fort Erie you were not responsible for
your actions, in consequence of an inordi-
nate love of drink, or you would most prob
ably have forfeited your life. To see a
man of your ability brought down by in
temperance is very sorrowful. sincerely
hope 1t will prove lesson to you to be
more careful in the future and avoid bad
company. You are now discharged.
After the prisoner left the dock he en-
braced his wife, and, completely overpow-
cred with emotion, they drove oil to the
American Hotel.
| FROM CINCINNATI,