Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1866-11-15


TORONTO. Nov. 1.-THE Court resumed
IT'S sit,ings this morning, Hon Justice vii
,"n presiding
The Sheriff having called over the Jury
.nrel. his INrdship directed the prisoner,
daniel WhelaD, in whose case Mr.. ncken
re challenged the array of jurors yesterday,
80 be brought in.
Mr.. Ackenzie--I would ask your Lord
hip to allow me few minutes private con
ultatlnn with the prisoner before the jury
ne sworn
His Lordship-- Well, let il be very shor';
y. MI day yesterday waited through your
objections
Mr. McKcnzie--I regret to hear yonr
Lprdship express yourself 80. have al
Aays given you credit for sincerity, and
though, you would also give me the same
although you may view these objections
rival, with all due respect TO your opinion,
um convinced, in law, that the challenge
Vns well founded
Mr. Mckenzie, alter having consulted
with h.s ciicnt, reah and put in AN affidavit,
made 10y the prisoner, setting forth at length
,hc ubj cilon made To the challenge yester
by. on which he moved his Lordship To
puash the panel In the event Of refusing
ms to qiash the Jury list. or TO grant him
rule upn, the Attorney General OF Upper
canada to show why this course should not
be pursued, or else to- put ct the trial.
Mr.. Cameron, on the part Of the Crown,
stated that there was no fact alleged in the
fiiiavit which would warrant such course.
Mr. Mckenzie then claimed, as the IRIS.
,ner was nm alien. that he should be tried by
Jury DE- communal linguae
Mr. (,utnprou ohicctus1 IN tho yr,,,ni III Al
the prisoner had already pleaded to the in.
III tmen'.
His Lordship-I think the prisoner should
not be excluded from that right Let pre-
ceIt he drawn up and handed to the Sheriff
to summon as jurymcn six citizens Of the
tniied States.
Mr.. Mckenzie As this may take some
time. in order 10 avoid any unnecessary DC
lay, after consultation with nv learned
iriend, have agreed To waive my right.
Mr.. Mckenzie stated that he required the
prisoners, Col. Lynch and O'Neil, as wit
ncsses for the defence.
His Loriship decided them to be sent for.
Mr.. McNabe opened the case for the
crown in short address, and called John
sworn, said the prisoner made the
following statement at IT. Colborne: He
said be was an American, born In Jackson
county, New York; that he lived portion
If his time in Canada; that he left for
Cl veland three years ago. and left there for
Buffalo the 3Oth 81 May, to 50 to Ireland to
|,beratc her; that he came over with several
others to Fort Eric in canal boats; was
wounded at Lime Ridge; be said they were
defeated at Lime Ridge because the olDcer
in command hsd given wrong orders said
here were 1000 men engaged at Ridgeway
los Il g ~ - Il
he Fenans were obliged to retire in cOnsc
luencc of the heavy fire OF our troops.
bert Blair Lynch sworn: am prisoner
!" Jail under sentence Of death. Nv home
is in Louisville. Kentucky: was employed
formerly in the army. but latterly in com
mercial house as book keeper while in the
army wrote several letters for newspapers.
but was not specially employed: was In
anada in the beginning Of June ~ re-
porter Tor the Louisville Courier Was to
report Ia Nr. Jaa 4cDum0tt, 1t Louisville,
v ho held the position of Asst Adjt. Gen. Of
The Fenian brotherhood Of the State OF
Kentucky he Was to revise my letters and
nave them published; was not armed a. the
lime did not come over In . military CO.
pacity; saw the prisoner Ju0e last, when
ssid he wanted 70 get hack 10 the American
side; d" not know whether prisoner 10 q
(enian or not
Several an iavits a. 10 character were then
put in. Mr.. Mckenzie briefly addressed the
jury on behalf Of the prisoner urging that
he was brought over here when under
influence Of drink. consequently not respon
sihle for acts. His Lordship having charged
the jury they retired ut 90 minutes to 9. Al
5 minutes TO , O'Clock. jury returned with
verdict of guilty. The Hon. j. n. Cameron
then moved sentence. Mr.. Mckenzie
moved an arrest ot Judgment. on the same
grounds as in Case OF the Queen va Hayden
His lordslip then addressed the prisoner
who having nothing to say why sentence
should not be passed. ordered that he be
hanged on the 18th Of Dccesmber.
The prisoner received the sentence with
nut mani'es,ing the slightest emotion, and
smiled with evs cnt indifference at the pso
rcedings
The trial OF John Quinn WAS then pro.
,eetied with