New-York tribune., 1866-12-27
THE FENIANS.
TRIALS OF THOMAS SMITH AND TERENCE MCDONALD.
u Il rELEgKAPH TO THTBusr.

TRIALS OF THOMAS SMITH AND TERENCE MCDONALD.
TKLEgKAPH TO THH rHrBUsr.
SwEETsBURG, c. f.. Dec. 26-Ths Court met al
10 o'clock Thomas Smith was called to be tried second time
the jury having disagreed the fs trial the charge that
being citizen OF foreign peace with Her Majesty he
the 9th Of June and continued in against Her
Majesty in Lower Canada jury empanelcd after had
bOen challenged by toe prisoner and u by the Crown The jury
An Terence NcDonads who had been locked up
Christmas into Court at Has and having stated that
there prospect OF their agreeing discharged
They stood II for conviction and one for acquttai
c. Boxer and g. W Wells proved the general facts OF the
MIR Doyn objected to this evidence inamuch tho pris
only charged with his own individual acts
The Judge said the prisoner was charged with being IN arms
against Her Majesty This evidence Of Introductory
nature to prove That there resistance Her Majesty
the foTS.r rS sa h the RoVs Guides ree fred upon by
party OF FeniRns Eces House and that they charged the
Fenians who toward the boundary line and got
cep the prisoner who captured after having thrown a"a
said Spare my life pardon me and i Nii join you.
Julien RiIford being examined 10Y ihe defense stated
Nr OHaoran addressed to the Court AZ argument against
the Of the indictment He c0ntended that the prisoner
against Her Majesty To constitute such an oense there must
be two or more engaged IN IL
The Judge wha, charged in the indictment set
Mr. Devn then addressed the jury for the prisoner He
being in arms against Majesty lie remembered persons
having tired the troops in Montreal ei elections but they
continued in charged The m0mcDthe red coats came
sight he threw his re II had not been shown that
the person who picked up prisoners Te 1t would have been
that II Was still loaded.
Tie charging the Jury said they gather the intent
OF the prisoner from his act and the circumstances under which
was Committed The charge not merely that he was in
arIhs 10 In against birds Of air tic beasts Of
the forest criminal, but the charge that
he IN not for any private purpose, but
against the supreme authority OF the land represented by
the words Her Majesty there being enacted at that time
in this Province Of the most horrible atrocities known
history the invasion without e1ouie OF peaceful district
in harmless province by horde Of mcreanis When Tie
prisoner said 10 the Guides Pardon and viii Join you
IA iudcAtAd the
tont with which he had been .s Did Il not show that he
had beer hgting OF % OpOsed TO Her Maesiys troops
The JGry Retired al 1920 to consider their verdict
Terence Mcdonald again placed on his al on thc roD
berry charge 20 which the former jury had disasreea
Mr. Deyin applied for postponsmont ti tomorrow 70
allow Toofe and Hober who present where the alleged
robbery took place 20 appear as witnesses ,,
MIR Ramsay said neither OF these men could identity the prs
Oner and their evidence therefore was nnale Juubo
refused the application - g., 1t. =
The ury I'M Smiths case returned Mt lis with verdict oil
guilty. The prisoner having been asked he had anything 70
saw WHY death should not he pronounced his counsel
QroY for arrest Of judgment the ground that His Honor
had isdrectcd tho jury After some dlfssoh ths aRpna
ton was withdrawn Tho Judge then addressed the prisoner
1homas Smith You have been found guilty by jury OF
against Her Majesty IN Lower Canada on the 9 i june last
You are subject qf foreign State Whgl pga lbS AZ PeHeq
with ia and In committing this Ofen5e y0h SCI NJ dehanoe e
laws Of your own equity for The purpose o violating o9
Upon The subject OF your guilt unoer the evidence ht s
beb bsard was impossible for the jury 10 entertain any
dont and ali that now that tbs Court should declare
The sentence annexed by the Law 10 your oiense
His Honor then pronounced sentence that te prisoner
hanged the l5h da! Of February nc pIsynn wiz :,
sentence vas being pronounced laughed SEVERN umea
MoDonald WHO was still in the dock with him A.,
Ia Neonald the evidence was gwen M Oh lA'
former trial and tho jury retired At $40