The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-11-12
ncSpeCSfuHv.
ROBERT BLOsS LYNCH.
Coutinu asisn Of shc Fenisn Trials NJ
Toronto.

10 o'clock, resumiug the Fenian trials
With the exception Of the jurymsn,
counsel and witnesses, there were but
few present when the court opened. but
it soon began gradually to fill, and by
the time the Sheriff had called the jury
panel the gallery was crowded by a
number Of persons, amongst whom
might be noticed many whose appear
ance clearly indicated that they were
strangers in the city.
Messrs. Il. A. Harrison, l.: l.. d., John
Patterson and j. McNab, represented the
Crown, and Mr.. X. Mckenzie, NJ. C.,
defended the prisoner.
His Lordship-Mr. Harrison, are You
prepared in any of the cases this morn
ingf
! L. A. Harrison-Yes, my lord, there is
a case, the Queen VS.. Handen, which
would wish to be proceeded with. An
affidavit has already been put, but the
time asked has passed.
Mr.. McKenzie-We are not prepared
to proceed. A messenger has been sent
to the other side for the purpose OF OBJ
tanning witnesses, but he has not re-
turned.
Mr.. Harrison-Will you make an aft
davit to that effectt
Mr.. McKenzie-lt is my intention t.
do. so. ON :,
John Cooney was first placed in the
dock. Iic il allow, thicS-set man, he
tween thirty and forty years of agr
with short, brown hair, low forehead
blue eyes, mustachc and beard of
Yankee cut, and rather repulsive fea
lures. He was dressed i'll rattle
scedy looking brown coat, with iigh
culorea vest aud pants, and wore neithe
collar nor neck-tie.
Previous to pleading, Mr.. Mckenzi
moved to quash the indictment on tn
same ground as that relied on in tn
. case of the Queen Va. O'Niel and Others
i. The prisoner then pleaded mot sull
ty," and stated that he was not read.
. for trial.
Patrick Heating was next placed a
, the bar. He is u young man about ST.
feet in height, with dark hair and com
plexion, and his appearance denotes
! that he had moved in u respectabl
6 sphere of life. He was neatly dressed
. in suit of grey tweed. On being ques
!. toned, he stated that he was % year
of age, and pleaded not guilty TO til
charge.
Mr. Mckenzie made similar motion
! OH this trial.
His Lordship-Are you ready for you
, trial!
Prisoner-Yes, my Lordi
Mr.. McKcnzie-His case, my Lord
will have to stand. We are not ye
ready.
-, The prisoner was then removed.
The Queen VS.. VIM. Hayden.-After
heightened argument between the coun
, sci, Mr.. Harrison pcrsisting that tn
r tprisoner should be tried, and Mr.. Nc
|, Kenzie submitting that he was entities
/, to q further postponement, tho pris
oner was directed to be brought int
court.
VIM. Hayden, the prisoner, is abOu
20 years of age, with light complexion
blue eyes, large ears and countenance
, which betokens that his intellectual ut
: tainments are not of the highest order
Mr.. Mckenzie also moved to quasi
the indictment, and the prisoner, by di
rection of his counsel, pleaded no
guilty.
The jury were then sworn.
Mr.. Mckenzie would SAX you
Lordship, a. our defense relies on |
question Of identity, to allow tho pris
oner to be placed out Of the dock. Tn,
same, believe, was done in hcHenry'
case. a.y, @esr-7 --s-,s- 3
Mr.. Harrison-I happened 10 Be en-
gagged in that case, and have no Tecol
. lection of il.
His Lordship-If you can show m,
any precedent, Mr.. Mckenzie, l an vii
ling TO allow it to be done. must 90.
, / have never heard Of such course be
ing pursued before.
Mr.. Mckenzie won't press the mat
ter, my lord. =.
John Metcalf, sworn-I am o privat,
: in the Queens Own, and was present n
the fight OF Ridgeway, when the Cana
dian volunteers were attacked ut Lime
: Ridge. i saw several killed and wound
ed there. In conversation with him a
the Jail, he told me that he was al
American; that he used to work OF
steam boats; was q native of Louisville
: had no home and last came from Buff
falo.
Joseph Newbiggin, sworn-I live a
Fort Erie. On the morning of the Isl
of June, about daylight, ! saw four ca
nal boats towed across the Niagara riv
or by two tug-boats. The canal boat
contained several hundred men. TIL,
prisoner was amongst them. He wa
dressed in plain clothes and had a greer
veil around his neck. He was armet
with rifle, and had a cartridge boz
slung to belt around his waist. II.
was riding O roam horse, which / after
wards learned belonged 10 the Niagar:
Street Railway, of Buffalo. The pris
oner spoke to Cramer Pricely- and told
I him TO give him thSrest Of that money
Prieely pulled ont his pocket book ant
said II have very little money. gave
you nearly all bad before The pms
oner then said: "0h, no, you have lot,
of money" Pricely then gave him com,