New-York tribune., 1866-12-04
THE FENIANS.
TRIALS AT swEETsBURG, c. B.-THE JUDGES CHARGE
TO THE GRAND JURY-THB FEEIAE PRISONERS 10
BIZ INDICTED TO-DAY.
BIT TELEGRAPH TO THE TaIBuSE.


TO THE GRAND JURY-THB FEEIAE PRISONERS TO
BIZ INDICTED TO-DAY.
B TELEGRAPH TO TIE raIBuSE.
SwEErBURo, c. T., Dec 3-The special term Of thd
Court Of Queens Bench for the District of Bedford ioI
the trial OF the Fenian prsoners commenced to-day.
During the morning considerable numbers Of people
came into the village RON the surrounding neghoorhood
some as urymen some as witnesses and some as sIeca
tors but the crowd altogether much than At
ordinary sittings OF the Court
Mr. Justice johnson took his seat the bench at I2i
The Clerk Of the Crown, Nj 7. D. Hall read the pro-
elamston appointing the special term OF the Court and
oer In council directing the nal OF the Fonian prisoners
10 take place at such tem and several other formal doc
ments. -
Grand jury having been sworn in, with =. Gllnin
Of CRANKY as their Chairman, Judge johnson poeeedtc
them his charge not occupying more hah -
minutes in the delivery. ...-'
After some preliminary remarks Of general nature 10
the Grand Jury, he continued follows The cases 70
be laid before you part those that usually called
of ordinary chaacer-they comprise cases Of snPe
larceny Of stealing from the person. and one case Oh
arson There also other cssethose of persons 10 IN
number accused Of oenses OF The highest and most serious
denomination known 70 the law These cases are the
result of events that occurred about the same time 81 d-
ferent places the frontier between these Provinces
and the United States of America, in June last.
"They are for the general public matter Of hrs,
tory and certainly Of nature not caculateo
TO satisfy the aspirations Of those who arc
hopeful for the ameloraton and progress OF human Bs-
tnre occurring in time OF profound peace aud proceed
ing il alleged from the territories OF nelghbonnS
country with which not only publicly on terms
perfect amy, but, commercially and socially, espe-
esy in this part of the Province On footing o intimacy
confidence that all must depoe 70 have been 70 ruth
esly interrupted. These events, speaking OF them a. q
matter of public local history at once en- outrage
upon neighbors and upon ourselves.
" With the nfracon OF the laws OF foreign country
have nothing to do; that is matter Which, ~ the
present instance the United States alone But
as respects the vindcation OF our laws, We have
everything do that responsible beings expected 10
perform. We have 10 maintain and vndIoate them, not
in any spirit Of anger, even of excitement winch these
events naturally produced at the time, but precisely IN
the manner we should proceed ~ all other cases
namely. upon known public rules OF law existing of the
protection Of all alike.
' You will sufficiently understand the natnLe OF ths
accusations If state you endeaVOng as much es pos
sble TO avoid the Of technical anguage thai IL ~
alleged by the Crown in substance that OF the time thes
offences were committed, body Of men entered THIS
Province together for purpose hostile 20 the supremacy
Of our laws that they 'leyied against the Queen
which is techical expression will presently explain 70
YOU aud that the prisoners some OF them ana
had common design along with them You VIII
have make inquiry into both OF these points FiLs,
Was there a levying OF hostile purpose FOE
either of these is sufficient under the law See0Hd-Wera
the prisoners implicated or lot! eyylng OF war -
either direct and actual or constructive IL II direct
saws Hail. one Of the ancient sages OF the law when the
war is levied directly against the Queen or her forces
Its constructive when the is levied for the purpose
Of efectmg innovations OF pubic nataTe Oy an arned
force. 1t matters not IN the present case whether
the proceeding amounted 70 duect and actual levy
lug Of whether IL eonstructiyey. Either
would sufficient for the purpose OF hnoing true bill IN
ny ease where the parrv charged proved have been
present aiding or abetting What Is eVylng OF waI
Lord Coke says " IL order "a constitute icVylng on
war the number OF persons assembled Is not matsnai
Three four will constitute II as fully as thousand
- Nor s II necessary says Prater " that they should be
more gHerrIHs drmatf armed with military weapons,
with colos fying, ETC. por E actual hghng necessary to
consulate eyyiBg OF Whatever may be the law
however, respecting the leyying OF war as LAID
down in the old books these apprebsDd contain
feature little because suppoe little contemplated
by civilized fthoTe evidence thar these people
u body, or so close TO one another as 70 eas easse
bic upon signal came from foreign county with arms
frontier that Is hostile proceeding m its own
nature 1t INVASION an otrage, and an act oi bos+
tty in itself which under he statute Is felony, ana your
only remaining duty VIII be 20 satisfy yourselves OF the
presence OF such person named III the indictments sab-
mted to YOU and OF the common design Of the whols
partv to find n true bill Your duty seems be plain
enough 20 ascertain Was there such rrupon Of men
What was their purpose Was 10 hostile or friendly
Were the prisoners with them SO as TO assist them
OF were they trying 70 oppose them lhis feeily,
seems the extent Of your inquiry. IL j. not 81 GIL
necessary that the prisoners should be proved To have been
armed but If they present, aiding and abeIung that
s be able 10 render active assistance az required
that is sufficient putting them their ta OF course
il the evidence in any tails short Of these fenTe
Taents you will return bill His Lofdshin coneinded
in few words more. and the jury retired.
Ths Grand jury returned az O'clock with tue bills in
two petty larceny and the Cout then adjourned
I The indctmants against the Fenian prisoners VIII be
submitted TO the Grand Jlry tomorrow
The Court il understood, viii be occupied tho whole
Of tomorrow with the Trial FOR murder Of one Emmery
Chamberlain. He rred for this oense At the East
term OF the Court, but the jury then disagreed.
Sixtythree witnesses attendance 10 give evidence
on the Fensn trials.
Eight OF the FeDiGn prisoners will be ;ried az British
subjects and as American cuzeLs.
There has been some discussion recently ss to whether
the prisoners could be tried under the act the Fe-
nan prisoners in Upper Canada.
Ii has been said that the act having been extended tn
Lower Canada during the last session Of Parliament after
the alleged oenses committed, the prisoners could
not be tried H. and could only be aragned the
lighter charge of robbery aud larceny The fact IS how
ever that clause in the statute gives II retroactive
affect; and further vhe the passed the Eth of
June the oenses alleged to have been committed on
the 7th and 9th Of June.
The Crown counsel therefore are Of opinion that
valid objection eau possibly be raised TO the trials being
conducted under the statute those in Upper Can
ada.
Matters in the village are perfectly quiet.
There OF contemplated raids from st.
Albans and elsewhere, bat credits them.
40 SPECIAL COMMISSION FOR THE TRIAL OF THE
OTHER PRISONERS TO BE ISSUED.
sr rEIEsRAPH
TORONTO, C. W.. Dec. ST Globe of to-day says
il is not the intention OF The Government special
commission the trial OF tho remaining Fonn prisoners
VA at expec The OF the Judges too much
occupied admit OF IT, II reported however that TIE Ss
viii come off al the January Assl1es