Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-11-15
FROM CANADA.
The Fenian Trials.

The Fenian Trials.
TORONTO, Nov. 14.-The court resumed
its sitting this morning, Hon. Justice John
Wilson presiding. The Sheriff having call
ed over the Jury panels his Lordship di-
rected the prisoner, Daniel Whelan, in
whose case Mr.. Mckenzie challenged the
array of jurors yesterday, to be brought
In
Mr.. McKenzie-I would ask your Lord
ship to allow me a few minutes private
conversation with the prisoner before the
jury is sworn.
His Lordship-Well, let it be very short;
ll.day yesterday was wasted through your
objections.
Mr.. McKenzie-I regret to hear yOur
Lordship express yourself so. | have al
ways given you credit for sincerity, and
thought you would also be by me the same.
Although you may view these objections
as trivial, with all due respect to your opn-
ion, am convinced in law that the chal-
lenge was well founded.
Mr.. Mckenzie having consulted with his
client read aud put in an affidavit made by
the prisoner, setting forth at length the OBJ
lection made to the challenge on which he
moved his LOrdslIip to quash the panel, and
in the event OF refusing this tn quash the
jury list or to grant him rule upon the
Attorney General of Upper Canada, to
show why this course should not be pur-
sued, or else to put off the trial.
Hon. j. II. Cameron, on the part of the
Crown, stated that there was no fact alleg-
ed in the affidavit which would warrant
such course.
His Lordship-I decline the application.
Mr.. Mckenzie then claimed, as the pris-
oner was an alien, that he should be tried
by jury decOmmulat Lnguou.
Hon. j. I'll. Cameron objected on the
ground that the prisoner had already plead
to the Indictment.
His Lordship-I think the prisoner
should not be excluded from that right.
Let precept be drawn up and handed to
the Sheriff to summon for jurymen six cit
izens of the United States.
Mr.. McKenZie-As this may take some
time, in order to avoid unnecessary delay,
after consultation with my learned friend,
have agreed to wave my right.
Mr.. Mckenzie stated that he required the
prisoners Col. Lynch and O'Neil as wit
nesses for the defense.
His Lordship directed them to be sent
for.
Mr.. McNabb opened the case for the
Crown in a short address, and called Jno.
Metcalfe, who being sworn said the priso-
ner made the following statement at Fort
COlbourne: He said he was al Ameri-
can, born in Jackson, State of New
York; that he left for Cleveland
three years ago, and left there for Buffalo
on the Both of May to go to Ireland to
liberate her; that he came over with several
Others to Fort Erie, aud was wounded at
Lime Ridge. He said they retreated at
Lime Ridge because the officer in
command had given wrong orders. Said
there were one thousand men engaged at
Ridgeway, under command of Col. 0'Neil.
He stated the Fenians were obliged to re-
tire in. consequence of the heavy fire of
| our troops.
Robert Bloss Lynch sworn-Am pris-
oner in Jail under sentence of death. My
home is in Louisville, Kentucky, was en-
ployed formerly in -. but latterly in a
commercial house there as book keeper.
While in the army wrote several letters
for newspapers, but was not specially
employed; was in Canada in the be-
ginning of June as reporter for the Louis
vile Courier. was to report to Mr.. Jas.
McDermot, Louisville, who held the po-
sition of Assistant Adjutant General to the
Brotherhood for the State of Kentucky.
He was to revise my letters and have them
published. Was not Fenian at the time.
Did not come over in a military capacity.
saw the prisoner in June last, when he
wanted to get back to the American side.
Do not know whether prisoner was a
Fenian or not.
Several afidavits as to 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 the In
A.,onoa Of ArinE onA ;a ,ok
responsible for his acts. .,S-aFt'H
His Lordship having charged the Jury,
they retired at twenty minutes to two. At
five minutes to two o'clock the jury return
ed with verdict of guilty. ga
The Hon. j. II. Cameron then moved
sentence.
Mr.. Mckenzie moved an arrest of judg-
meht on the same grounds as In the case of
the Queen vs.. Hayden. r-.t t.,
His Lordship then addressed the pris-
oner, who, having nothing to say why sem
tence should not be passed, ordered that he
be hanged on the 18th OF December. The
prisoner received his sentence without
manitesting the slightest emotion, and lis
tened with evident Indifference to the pro-
ceeding.
MONTREAL, Nov. 14--A large quantity
of military stores are continuing to arrive
mere, among WHICH Is numDer OF ARM
strong guns.
A serious accident has occurred to lock
No. on the Bearhavens canal, and naviga-
tion il likely to be suspended for several
days lIHaH . lra
John Quinn, late of Rochester, and for
merly OF the Southern army, was then
placed in the dock. His counsel put in an
affidavit from the prisoner asking that the
trial he nostnoned In order to obtain the
evidence Of an important witness.
His Lordship ruled the affidavit not suf-
flcient to postpone. Jaua r.iu n.as
Several witnesses were then examined.
The Jury, after short consultation, return
ed verdict of guilty. He was then sem
fenced to be hung on the 18th of December.
ST. LOUIS, Nov. 14.-2G Gov. Fletcher has
appointed the 10th inst. as Thanksgiving
day. r't
The Evening News claims the Missouri