The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-09
PRICE FOUR CENTS.
c A N A o A.


tn. f'nian Trials 0'NeI aud Masrash la
the norh-rriai OF O'Ncii Postponed and Ma
grain scanht.d-Trnc Biiis Found Against
Nine o'h'rs Of the Prisoners.
roRouo. Nov. 9, 1860
The excitement over Tho Fenian trials il diminishing
Tho court opened ibis mornlng 4 The usual hour
Patrick oseil the nral prisoner placed In The
dock.
Mr.. Mckenzie, before the prisoner pleaded moved
that the verdict must be qaashd on the groand OF mis-
joindcr o count and that the offence was committed in
the county OF woiand and herosoc could ~, ~ ,ea
In the county Of York which was one ~ two counties
Mr r. A. Harrison con,enacd tha, ha learned f,,ena
had placed wrong conasrueton on The inerpe,on o.
the clause, and that a. 70 tho second groand hts lord
ship had ovcrrued that decision 10 an Application o. tho
nature yesterday ~
icagthy legal argument here took place between tho
Nr. Mckenzie would ak your Lord-hip 70 allow me
nn,l 20 morrow 10 consider hich conrse should aaopt
in this cass--whsthsr should enter demurrer %
Hon. Ii Cameron Better he carcfui how you domar
In the Of tho Queen swcczsr which " reported,
anil IN which defended the priSonef y wa hold by mo
learned lodges that unless The demurrer had bcen sue.
eessiul sentence would have 20 be carried out
~ lnrdship--very well liIye no Objection
The prisoner was then removed
Patrick Aagrath WAS placed In tho dock
Mr. NcNabh, In short Address, opened the case for
N. Crown lie said II could prov cd that the prisoner
aFenisn rue ii h possession near ror Erie, aud that
be was fcnlan by the accoan which 10 gave Of him.
After the examination u isw witnesses bis lordshp
addressing the jury explained that the evidence showed
the prisoner % DO British subject and no could not
therefore DO rcd A. a. present Indicted ie therefore
directed tie Jury 70 reiarn ayeIdic o. acaIltiAl.
Mr. Mckenzie then submiiied thai, British sub.
icet should b. mod twice for tho same offence hc
should therefore he discharged.
Mr. u A. Harrson-~Tho Crown has further evidence.
inc prisoner ae y uifd again VII not be- tried ~ IN
The court adjourned until ten O'Clock 70 NOR.
II Mr. acKenrlcs Intention 10 take tho following
objections 10 all the indictments preferred against this
fenan prisonefr ye, unr ed containing double counts
and 10 the case OF be Queen Mngraih he will advss
the prisoner TO plead h former acqaal --first the
ground Of msioinder o. counts THAT he charged
American citizen Second, that he ~ charged Britain
subject, and that be IL charged wilh what amounts 10
high treason. 1h!fd, man caano, be a citizen Of
foreign state and British subject at ihs famc Tins.
There cannot be distinct offences emerged Va the
Indictment Four b. that !, appear the face Of The
indi tment that the offences charged therein .anst the
prisoner committed In county Of weand, and
the Indictment therefore, could not 10 legally preferred
The Grand Jury entered the court today and brought
bills Of indictment against the following fenan psaon-
sn.-John aashs. ra.lc. psaohpe; James burke.
Bakcr, Barney Damn and Frederick Fry.
The Fate Of the Condcmuca Fcnian. -Opiniss
Of the Toronto Leader ss 10 tho Prspristy
Of Exrcasion Report that tho s~ntsscc 81
Lynch and McMahon will be Cossmstrd.
Tososro. Q. w.. Nov. ., 1909
The Toronto L<rd=r OF this morning. In long article
The Fale u tho Condemned Tcnlanr" says Tho Tor.
NAL passing Of tho senlsnce u death Is regarded
certain indication OF their atc Circumstances point
toward cniency. The nrcersy for shedding blood 10
not very urgsni, iis utlilty cs-ssU usnspasrnl
These circumstances vii probably dssrmins The fnse -
the prisoners bat II u should out thai ~ then
sre executed The substituted papshment viii no ooulA
be exemplary. Let one away wsth the dee thes
the fcnlan culprs viii got fras pardon anything 49,
preaching 90 ~ Pubic opinion viii demand thAs
punishment b. certain and severe. tndsr dsnssses
Circumstances they wound avurcdiy have bssa
hanged II IL were necssszU, 70 d~ssr frea
another raid, 10 exccuts ell app~ala 70 mercy woaid
be vain Tbs imperial government viii have ssme sgo
gcson 20 make the subject. aud by thAa saeassl6o
the Representative Of tbs Crown sti, vmh without
further ADVICE shsvr bis Thess scrsaslng
tendency tho part of the public % beleve that tbs fsn
ngor IL the law will not b. srccat~d tbs pstsoosD
sentenced deah. Ascslv frSssds ~ ~ pgsspasw
raising money the Hssss shs vssssmssson skss
they gong be basged, and " b vsvesbts tbey
viii not b. hanged tbs sooner tb upsssssss1 he -
money they viii b. able " r2lsc We a5Drd " ~
nasnanlmous much better than % can Afford W mAke
them Martyr, but our mAynsnnisy csssot 80 bsyoo1
sparnG their lives n u 20 thai Ter. Punshmsss 30
pofsioned 70 'ber crime win perhaps - sdmsznss "
royal olemsny they must receive
The Gbs< has dasIstch nom Montreal saying No
understood the goyesnment a The Late CsblDsS meesng
resolved 10 commute The sentence u Lynch And ma
hon Three nasned Hail, rianngan cad Wells COZ.
1Dod In the old jail since June last . charge Of
fensnsn, rcissrd from custody. The Gsasd Jssy
having ignored the bills sxaisa, them.