The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-10
The PenIan Trials.

the previous trials. Peter Curran,
alias Daye, and Henry Lavelle were
first placed in the doek, The former is
q tai, stout man light complexion,
blue eyes, a moustRChe and beard, and
has the appearance of q laboring man;
he seemed to be between forty and fifty
| years of age. Henry Lavelle is about
the same age, has black eyes and hair,
and most unassuming copntenance:
he was dressed in q shabby coat of
black, and wore white neck-tie.
1 Mr.. McKenzie-I move, my lord, in
these cases to quash the indictment on.
the same grounds as in O'Neil's case,
and the further ground that the of
ing of acts % and so, vide chapter 4.
The indictment having been read, the
prisoners, by direction of their counsel,
| pleaded not guilty.
His Lordship-When are you likely
to be ready with their trial.
MIR. McKenzie-I am afraid, my lord,
not'tor some time; there are number
OF witnesses we require, whom we have
not been able to procure; better let the
time be Indefinite.
1 Hon. ]. n. Cameron-It would be
better If my learned friend could name
some day, SO that we might have our
4 witnesses here. The crown has been
put TO considerable expense, and we
are prepared to proceed in all the cases
in which true bills have been found.
Mr.. Before the day Is over
1t Is my intention to make a proposition
to my learned friend, whereby the re-
mainder of the session may be deferr ed
until the next RsSizes.s - sss
/ HIS Iordship-Neu,i If any arrange
ment can be arrived at 1 am satisfied.
4 The prisoners were then removed.
John Gallagher, John Grace, Daniel
Quinn and John Moran were then
/ placed in the dock. Grace, since his
incarceration, has received 81, $50 as his
| proportion of the reward for the arrest
Of John Wilkes Booth, he being one of
the troopers who Joined in the capture.
| Mr.. Mckenzie-1 also make the same
motion in these cases.
The prisoners then severally pleaded
not guilty. Bernard Dunn was next
arraigped. He is a tall and powerful
looking man, between 40 and so years
of age, and, like the preceding prison
ers, pleaded not guilty.
| MIR. Mchenzie'madeR similar motion
lin this case. Patrick Donohue is a man
apparently between2Q and 80 years of
rage, with dark eyes, moustach and hair,
and appeared 10 be the most respectable
looking one of the lot. He was dressed
in suit of black, and when placed in
the dock stated he was anxious to have
his trial proceeded with as soon as pos
stble. To the Indictment he pleaded not
guilty, and his trial, by consent of the
counsel, was fixed for the 18th inst,
Mr.. Mckenzie also moved to quash the
Indictment in this case on the; same
grounds as in the previous cases.
Frederick Fry, a Swiss, next appeared
at the bar. He is a small man with
most repulsive features. He stated he
had served in the British and United
| States armies. ri l.6lf
Mr.. McKenzie-Inth this case. NV Lord
think you will be ready about the
middle OF next week. also, in this
case, make the same motion as regards
the indictment being bad in law, :. - y.
William Baker was the next prisoner
placed in the dock. The same plea was
put in by the consul, and the defend
he was not ready for trial. AT this
stage lengthy discussion took place
between the learned counsel on both.
sides. Mr.. Mckenzie, for the prisoner,
desired to postpone the trial of Hughes'
case, without having, as the Crown
SO. :, The Queen, VS.. McGrath, in this
case, which WINS tried yesterday and
resulted in a verdict of5"Not Rniltv.n
after the findings of which a now in
dictment was preferred against the
prisoner. Mr.. Mckenzie, for the pris-
oner pleaded auterfoits acquit. Hon.
j. n. Cameron desired jury to be en-
panneled at once to try the issue, Mr..
Mckenzie requested a delay until to-
morrow morning.
Mr.; Cameron-L will join issue upon
the plea; my Lord, but I must object to
tory one and there is no reason why
the matter cannot be at once decided.
unless there is an affidavit put in he
cannot consent. EstFS = -.f-E - T
Mr. Mckenzie stated that he required
| time to consider the question and after
some discussion it was agreed that the
issue raised in McGrath's case should
DO tried on Monday. Jas. Burke, Jas.
Spaulding and VIM. Orr were then
placed in the dock and having been ar
ranged pleaded not guilty and stated
they wareinot ready for trial. Mr.. Nc
Kenzie in these cases made a similar
| motion to quash the indictments.
The Queen vs. Daniel Diamond. This
prisoner was next placed in the dock,
Some time was occupied in empannel-
ing i1ry-twenty jurors being chal-
lenged by the prisoners counsel.
Mr.. Nabb, in opening the case for
the crown, observed that the indict-
ment in this case charged the prisoner
as an American citizen and was framed
similar to the others that had been
preferred. The prisoner was arrested
on Saturday, the I'd OF June, at a place
called Frenchman's Creek, with q six
barreled revolver in his possession,
and from the suspicious account he
| had given of himself the crown, had
deemed 1t their duty to indict him,
| AS Lllef6 HeEef u HUMBER OF witnesses,
he would proceed to call the evidence.
John Metcalf sworn-I was present
at the fight of Ridgeway and saw En-
| sign McEachran shot there. The pris--
oner made the following statement,
which I took down at the time: He
said he was an American citizen and a
native OF Ireland; that he was Roman
Catholic and worked with a .peddler;
that he usually resided in Philadelphin
and left there for Pittsburgh; that he
was in Buffalo six or seven weeks be-
fore the raid, that he came over into
Canada on the LIST of June; that he re-
| turned to Buffalo the same night, and
crossed over again on Saturday, When
he was arrested.
Reuben Mosier sworn-On Saturday
morning, by the directions of Captain
King, 1 arrested the prisoner, about A
miles from Fort Erie, on the bank of
the Niagara river I asked him III he
had any arms2 he replied he had not.
then searched him, when he told mo
he had the revolver, and put his hand
in his pocket and drew It out. Il took
1t from him. It was six baFreled re-
VolVer, loaded but not capped. c51a
i. Cross examined by Mr.. Mckenzie
When arrested him he said he was no
Fenian.
Thomas Somerstrong sworn-I be-
llong to the iyRelland battery, and was
present with several others when the
| prisoner was arrested. AS we were 90
ing down the river, some one cried out.
ga Fenian." Capt. King then ordered
us to arrest him. He said he was no
PnianS but refused to state where he
cine from. There were sOma eartrfFlc,osl