The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-01
THE ENIA N S.
SPECIAL TttEGRAMs 70 THE NEW roak HERALD.
Pcetponement of the Trials Of the Toronto
Prisoners Until the 9th and I8th inst.

| grated TO America In 1854 He resided at Rochester
until 1850 when he South. On The breaking out of
the rebellion he enlisted In Colonel Mosby's regiment
captured in 1854 by sheridans army and was prs
oner Of until the the rebellion He removed
70 Rochester immediately after Lee had sur.
rendered At the time Of tho Fen,an f RAD he
Tho prisoner has very hgh forehead and bears marks
OF night his face that occurred In the prison be-
tween himself and what he styles "lnkewarm Irish
man" He is dressed in brown borrowed for the
occaslon) black vest, drab pants and black hat Hs
| penol
This case being the arst Of the American citizens, a
large number Of the legal profession was In attendance
M Tburson, the American onsul, and Mr. Jones, the
4 A nercsn Consul at Clifton, occupied seats near Mr.,
| M McNabb, County Attorney and Mr. r. A. HARRISON
Gems Counsel appeared for the crown and Mr. Ken
meth Mckenzie for the American citizens.
The Judge rose said the counsel for The crown had
stated that they are ready for trial the day having
been chosen by the pri himself The counsel for
the prisoner have presented adavits asking for adj
| jOurpment.
Mr. Kenneth NcKenzis asked for postponsment for
two weeks or until The next assizes account Of the
jurys minds beng prcudiced against the prisoners by
reading extracts from the American and Canadian news
Mr. r. A. Harrison replied a lengthy argument, de-
DyDg the right Of the counsel for the defense 10 making
they granted the proposition that ground they might
| as well discharge the prisoners immediately.
Mr. Kenneth Mckenzie then handed TO his Lordship
file Of Canadian papers IN support OF his claim aE1M
The Judge, after examining the papers submitted,
overruled the objection.
ment the ground that his witness had not arrived
His Lordshp said II was no ground on which to ask
for an adjournment
The counsel then asked for minutes 10 consider
which granted by the Court.
After hours absence the counsel returned and pre-
sened affidavit stating that the witnesses needed
could not attend until the close OF navigation as they
sailors and could not be secured attend until
then. Mr.. Mckenzie stated tina, the prisoner was q
stranger, and had friends until the Ameri-
can government had appointed counsel
The Judge, after hea,ing from Mr.. r. A.
Harrison, on the part Of The crown granted postpone
ment OF the case until Tuesday, November 10
Mr.. MckenZie-If we are not then ady my Lord, we
viii make a further affidavit asking for further time.
Nj. Mckenzie, when receiving hts papers from the
Judge paid high compliment TO the NEw York HERALD
for the friendly advice offered TO the Canadian govern
ment and to It's representative who had reported the
The prisoner John Quinn was then removed
Patrick McGraw, an American citizen, was the next
placed 70 the prisoners box some time was taken up
| In the prisoners box
The council for the defence informed his Lordshp at
two o'clock that he intended object In all the Of
American citizens.
The sheriff minutes pas, proceeded to en-
was removed.
Al half past two ocock the prisoner Patrick McGraw
boz The counsel defence offered tho same oh.
lection AZ that offered In the case Of John Quinn.
The Judge then postponed the until Thursday
November s. and the prisoner removed.
The counsel for tho American citizens then offered
the same objection against the rial Of the following pr
soners whose cases were postponed until their wit
pesses should arrive-Timotny Kelly, trial postponed
until November I; Patrick McGraw, trial postponed
until November s. Francis King trial postponed until
November 10; William Hayden, postponed until Now
ember o. James McDonohre, trial postponed until Now
ember IL Peter Paul Gedwith, trial postponed until
November 10; Patrick Norton, trial postponed until
November l5
MI Mckenzie in ask ing for the postponement Of the
trials Of American citizens, said was done the
ground that the witnesses were afraid to come 20
Canada but he had sent messengers TO them whose duty
safe 10 coming 70 Toronto and estfying In behalf Of the
prisoners
His Lordship then askod II there any business for
Mr. A Harrison stated tina, there win be no FenIans
ready for trial until Saturday After short discussion
between the opposing counsel the court adjourned at
seven r N. un,i Saturday, when the Rev. Mr. Lumsdy
VII be 'red. 1910. ar s,-'es-.
The Cases Of the Condemned FenIans tn be
Considered In Cabinet Session To-day.
0rrAwi, Oct 81, 1896.
The Attorney General returns tonight, and Cabinet
Council will b, held TO consider the exciting
questions in reference to the executions Of tho
dcmned Fenans Prominent parties here denounec any
leniency, end that the Canadian governments has
not more backbone than TO pardon tho murderer Of her
she had better apply for annexation 2. once
ne Hi,.. .ssela VIII rot 9. cs.n -.
s,, Eos y q. s ser, sss s. ts o.
I 1,;. S Z 3 ss I,. S al. today e.
Confused E.el..aislf q Il. r..:a6. a.
Trey--An Address ryob Ce'sseI nescrts Ex-
peescd' "a - 4. a., =, ,ssa
III. fepan excitement stin continues TO run high,
crflss and portion. Of circles beng In sssson night and
day An order issued bv Colonel Roberts will no pro-
mulsaled 10 the faithful 81 the Brotherhood tomorrow
night by senator Fleming authority OF The fensn
President nc same Pars s..oc.,on. aSroass.
out the state and the far West The document
takes unmslaksble sroueds g 70 the pr2oabi ny
course be FASTENED BY the executions Of the sentenced
men, bu. In any event VIII no, Be- long deferred The
tivty In view Of lbs fac, that the contingency Of actual
=: ri : E's N. !s E A bee.
AID OF Captain o'Brisn. confined in MoaDuoy prison,
Ireland
t'rs-. F~nias Demonstrates In -. Lests.
~ rors, Oct al, lse6
large mee,lns II shmsn. held .. the Court Hou's
last night adopted resolutions strongly condemnns 'he
late action Of Canadian In the Of Colonel
Lynch and Father Mcmahon. ebsr.cerizng ne ,sais
tion Of the death penalty for political Offences a. afDs
,ss snmsns tc.ab,nss on ei,,es nation. and express
Ing thanks gratitude 20 Presdehi Johnson and scre
sary seward for Their prompt action 10 osh OF insh
| Meeting OF the Irish National Cesw,iftee 's
washington -Thsaks 20 President johnson
| and Secretary seward for Their fro"ps
\ Action In Behalf Of the Fesisn Prisoners.
wAsBISaIos, Oct. 81, 1880
The r. val Executive conmates Of Irish 0rxenA,
"ameetng ne'-~-i night passsd resolutions tender
ing thanks 70 the ffs~s-a, AZ the United states and
Secretary seward for their p.---~s .ollxh,sned and
humane action In behalf ~ thoss Amerie~. who
have been uniusly convicted and cruelty ne
judcts authorities Toronto, for alleged compsy w
| The Fenian invasion Of that provinces, and inviting
public msesns on Saturday Of both native and snopsd
citizens 10 pivs expression 20 their ssntmern 90 'he
| questions involved.
4 The California Feotass.
4 "a. FnAscso, Oct %, IseS
/ The renIsn State Convention bold here lSt week
/ rssolysd 10 keep the renan organization frce from
| politics, and adopted Robests policy, a. snmeo o.
| Philadelphia aid Pii,sburE