Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-11-16
FROM CANADA,
FenIan Trials 10 Close on Saturday
Two Prisoners Released,

FenIan Trials 10 Close ON Saturday
Two Prisoners Released.
TORONTO, q. W., Nov. 15.-The Fenian
trlals which have occupied the attention
of the court during the past eleven days,
will close temporarily on Saturday next,
As The court will not sit during the term.
1t was first supposed that such of the pris-
oners as had not been brought to trial be-
fore the court rose, would have to await
their trials at the January assizes, but 1t
Is probable an arrangement will be made
by which they will be brought before a
court sooner. A special commission Is ex-
pccicd 10 Issue orders in few days for
holding their trials Immediately after the
term clnsrs. fortnight from next Mon
day it will bc Mr.. Hagerty'S turn to take
up the bu!in' 81.
Two F,'nians were discharged from GUS
tody Yesterday. sufficient evidence to place
them on trial not being forthcoming, and
two moIc will b. discharged to-day for sim
liar reasons. .....
Fenian Trials. 81.
TORONTO, Nov. l5.-The Court met at 10
o, lock, " hen the FPnian trials were re-
sum"d. In consequence of the inclemency
OF the weather the attendance of speck-
tors WAS small.
Thomas Schoal was placed in the dock.
Between 20 and 20 years Of age. Did not
appear To feel the serious position he was
charged under on counts.
Mr.. Mckenzie objected that the prisoner
was charged under two sets of counts,
charging two different offenses, and it was
the duty of the Crown to elect to which
set they would proceed.
His Lordship Overruled the objection.
Mr. Harrison opened the case for the
Crown, in which he explained to the jury
the law Of the case. He told the jury 1t
was their duty, after they had heard the
evidence, to say whether the prisoner was
an American citizen or British subject.
After the examination of witnesses, Mr..
Mckenzie addressed the jury on behalf of
the prisoner.
r. A. Harrison replied on the part of the
Crown.
His Lordship then commenced his charge,
and having read over his notes to the
jury, stated that the defense set up of in
toxication was no defense in law. II the
jury believed the evidence, they should find
the prisoner guilty on the fourth and fifth
counts-that of being found in arms with
hostile intent; but the circumstances were
too doubtful to convict him on the sixth
count-that OF committing an act OF hos
tility.
The Jury then retired, and after an abb
sence Of five minutes returned into court
with verdict of guilty on the fourth and
| fifth counts, and not guilty on the others.
Hon. j. ii. Cameron moved for judgment
on the prisoner.
Mr.. Mckenzie moved. in arrest Of judg-
ment, that the verdict was found on two
counts, and that the prisoner could not be
found guilty, on the same Indictment, OF
| two distinct offenses, and on the same
grounds as the last and former cases OF
convictions; and that the offenses in the
| fourth AID fifth counts are not offenses cre-
atpd by the second section of the act.
The prisoner in reply to his Lordship,
said he had nothing to say why sentence OF
this court should not be passed upon him
His bOTdship then sentenced him to be
| hanged on the 18th of December.
Patrick Donahue was then placed in the
dock hut the Crown failed to prove any
case against him. and his Lordship directed
an acquiltal.
The prisoner, before leaving court, took
up his hat, and, addressing his Lordship
said: God bless you, my Lord, and gen.
tlrmcn all" He then left with his friends
THIS concludes the Fenian trials for thii
week.
Escape Of a Fenian Prisoner.
ToRoNTo, Nov. ia Fenian prisone
named Thomas Ryall escaped from prison
this morning. His plan was effected in
most daring manner, and there are strong
suspicious that he must have had accom-
plices. t.l .'" %