The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-11-12

Mr., McKenzie read and put in sew
| eral afiidavits as to prisoner previous
| good character, Mr.. Mckenzie then
| proceeded TO address the jury, and, in
opening his remarks, complained that
nc had been forced into the trial by
the Grown counsel before he was
ready to proceed, inasmuch as he had
no oiWitnesses in attendance. McKen-
zle then continued to argue that the
evidence was certainly Of strong
character against the prisoner, and
possibly might be construed, by the
jury, as exceedingly prejudicial; still
there was nothing to show that he
came over here for the purpose Of
levying war against her Majesty. He
certainly did come here and act in an
exceedingly wrong manner, and as to
plundering any British subject. he
submitted that he did SO whilst
laboring under the influence of
liquor, scarcely knowing what he
did at the time. Mr.. McKen-
zie concluded his speech by stating
that he did not offer any palliation for
the prisoners conduct; he thought it
very outrageous. Ii acquitted Of this
charge, the Crown would undoubtedly
try him for obtaining money through
intimidation, which il was plain that
he had done; but he. submitted that,
considering his youth, and that no evil
dence had been shown Of his intent to
levy war on the Queens subjects, or
that he ever entered Upper Canada,
that they should not find him guilty
on the present indictment, thus giving
the Crown an opportunity Of prose-
cutting him for the offence, if he com
mitted any, for which he was
really guilty. His Lordship then
charged the Jury, explaining to them
the law under which the prisoner was
tried.
Mr.. McKenzie-I propose to take
the same exceptions to your Lord
ships charge as ] did in a previous
case with these further objections:
lst. That your Lordship should not
have told the jury that the proof laid
on the prisoner TO show his business
in Canada on that occasion. End.
That your Lordship should not have
expressed yourself that there can be
no doubt that the prisoner was at
any time at Ridgeway. or Fort Erie.
Sd. That your Lordship should have
directed the jury that the prisoner
was riding on horseback between two
and FIVE O'Clock in the afternoon.
Extorting money from the people was
strong evidence to go to the jury that
his object was private plunder and
not public war; aud that IL laid on the
Crown to show by direct evidence that
he was connected with the Fenians at
ten minutes past two. 3A ~
The jury then returned into court
with a verdict of guilty.
Mr.. McKinzie moved that the court
arrest Judgment, on the ground that
the offences charged were committed
In the county of Welland, and could
net, under the statute, be tried in
York, being one of two counties
united. 91an 10
His Lordship overruled the argu-
ment.
NJ His Lordship-PrAoner, have you
anything to say why sentence should
nct be passed on you.
Prisoner-I have only to say that
the three witnesses who have sworn
against me, that | obtained the money
from them by threats is false, and
they have perjured themselves. |
simply asked the money in friendly
way.
The usual proclamation having been
made previous to sentence being
passed, his Lordship sentenced the
prisoner to be hung on the 18th of
next month. e
MONTREAL, Nov. 10-Nannie Grad
dock, noted steeple chaser, which
broke her legin a steeple chaserecently
held, was shot, as there was no hope
of recovery. ,S
5i1 The government has received i'm
portant dispatches from the Colonial
Office. Particulars not tran, pired. w.
= The Prince of Wales birthday was
celebrated last night by the Prince of
Wales volunteers. "Hs A ,Dna
The MlnerUe, French newspaper,
says in reference to the condemned |
prisoner, Mcmahon, that it has no
dou bt the Governor General, who is
intrusted with the noble prerogative
of mercy, will avail himself of cir
cumstances to extend it to the unfor+
tunate individual ON whom so serious
sentence has been pronounced.
This statement has been, looked upon
as foreshadowing the comnutatlon OF |
Nc Mahon's sentence.
H. hfaHl -. - /