Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-11-09

TORONTO, Nov. s.-The excitement over the
Fenian trials is diminishing. The court opened
at the usual hour. Patrick ONeil was the n rst
prisoner placed in the dock
Mr. Thomas knight, before the prisoner
pleaded, moved that the indictment be ouashed
on the ground OF misJoinder OF count, and
mat the onense was committed in Welland
county, and therefore could not be heard In the
county of York, which was one of the counties
visited.
Mr. r. A. Harrison cont.nded that his lsa,,oa
frlend had placed wrong constru ction on the
Interpretation OF the clause, and that as 10 the
second ground, his Lordship had oyerruled
snat decision ia an application of the same Aa-
A lengthy legal argument here took place be-
tween the counsel.
Mr.. Mckenzie said II would ask your Lord
ship TO allow me until io.morroV 10 Consider
which course / should adopt in this case
Whether should enter a demurrer or allow
the prisoner 10 plead over.
Hon. j. H. Cameron.-Better be careful how
you demur. In the case OF the ueen VS.
Sweetzer, which is reported. and In which 1
defended the prisoner, it was held by the
learned J Judges that unless the demurrer had
been successful the sentence would have to be
carried out.
His Lordship-very well. have NO obiec.
tion.
The prisoner was then removed.
Patrick Magarth was then placed in the
Mr. McNabb. in short address, opened The
case for the Grown. He said it could be proved
that the prisoner, on the first of June, was
seen with what Is known as a Fenian rifle m
his possession, near Fort Erie. and that he
was Fenian by the account which he gave
Of himself
After the examination Of few witnesses. his
Lordship. addressing the jury. explained that
the evidence showed the prisoner TO be a
British subject, ana he could not. therefore
be tried as at present directed. He there
fore directed the jury 10 return a verdict of
acquit'al.
Mr. Mckenzie then submitted that as a Brit.
fsh subject should not be tried twice for the
same ofense, he should, therefore, be dis.
charged.
Mr. X. A. Howson said the Crown has fur.
tAer evidence. The prisoner, if he is tried
again, will not be tried as an American citi-
zen.
The Court, at 1 o'clock, adjourned until 10
O'Clock tomorrow morning.
1t is Mr.. McKenzie's intention te take the
following objections to all the indictments pre.
ferred against the Fenian prisoners vet nm
uled, containing double counts, ana In the
case OF the Queen VS.. Gagrath, he will advise
the former to plead plea Of autrefois acouit:
nrst, on the ground Of misjoinder of count, that
ne is charged as an American citizen: and
second. that he is charged as British snb,ect.
and that he Is charged with what amounts to
nigh treason; third, man cannot be a citizen
OF foreign State and a British subject at the
same time. there cannot be distinct offenses
charged In the same indictment; fourth, that IL
appears on the face Of the Indictment that the
onenses charged therein against the prisoners
were committed in the county of Weiland and
IN the Indictment, therefore, could not be legally
preferred against him.
The grand jury entered the court to-day and
brought bills against the following Fenian
prisoners John Hughes, Patrick Donoh ue. !,
James Burke, James Spalding, William Orr
Patrick Kea:ing. William Baker, Barney Dunn,
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