The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-05

II was am Chaplain
Thomas NeWbiggins brother to the
last witness was sworn and,gaye sim
liar evidence, I'D
Thomas dallisworth sworn.-Heard
Il the prisoner say he was reporter for the
New York Herald. @
DIR. Kimpsen sworn.-Saw him Sat-
urday before night: he was afterwards
rested. ~ ,--.....-5,.s .......
Col Dennis sWorn.-SaW the prison.
er when he was brought on board the
/ tug Robb as Fenfan prisoner. He
told me he was not q Eentan but q, cler-
igyman of the Church of England; and
hearing that there was fighting came
over to administer comfort 70 the
wounded and dying. depressed some
surprise at his answer, stating that j
did not see what use he or any English
clergyman would be among such ruff
hansi and il they protested any relig-
ion more than Roman Catholic. He
replied that in such cases he approach
ed them as Roman Catholic priest.
Cross examined.-From the appearance
OF the prisoner he was under the inn
i preston that he was suffering from the
ehects OF aidesperate spree.
4 III FOR THE pEFRNsE.
\ MIR. NJ. @. Cameron called DIR. Fuller,
l OF Syracuse, who stated that he was a.
.tmedical practitioner; had known the
III PAASSAHS9s o4A4G1.G y9A40ug1 HE410A6E was
rector OF, Trinity church; considered his
1 character decidedly anti-FeniRn; pris-
onerSs character was good I'M other re-
speets, only he drank n little too much.
whisky. eiei5 r. f,=5es ~
Mr.. J. II. Cameron object to any
evidence being given of the prisoners
His Lordship- Decidedlyso
i Rev. Dr. Cox-Am Bishop of Epis-l
lcopa1 church of New York; know the
prisoner; am under the impression that.
he went to Buffalo in answer to verbal
rendered himself subject to dismissal
from church by reason Of intemper-
ance, .On,the 4th OF May saw prisoner
in Buffalo; gave him letter from Bish-
op Potter, and advised him to send
his resignation, as his connection with
the church would no longer continued
Il Rev. Mr.. GrunhamTI am rector of
Fort Erie. On Tuesday evening pre-
ceding the Fenian raid, met prisoner;
he told me he thought of Supplying for
admission in Canada;7 next met him on
/ Wednesday morning, but had SO dissi-
the morning of the 18th I again saw
him.. was talking to some villagers
whom he was inviting TO take up arms
against the Fenians; said his Scotch
blood could not stand 1t.
A. p. Cook, of Brooklyn, Michigan,
sworn-Saw prtsonerat Buffalo in the
levening and at twelve o'clock at night
ION the 3lst of May; from his conversa-
ton would not have judged him to be a
Fenian. Sfr rgi
Mr.. Whitney, proprietor of Mansion
House, Buffalo, called-Proved prisoner
arrived at his place on the 31st of May;
entered name on register; next morning
left early without paying his bill.
Rey. Mr.. Hi1l-Am acquainted with
handwriting of Mr.. Lumsden; (Iooks at
hotel Eecord;) that Is his handwriting;
| prisoner has wife and four children;
Oldest 10, youngest infant luil
DIR. Trowbridge ,sworn-Reside at
Bafalo, N. Y; was at Fort Erie ON the
Both Of May; went there on a pleasure
excursion; also went Friday; was never
in the Fenian camp; never met prison
er, but heard him spoken of; went there
to assist the wounded Of both sides;
after the skirmish at Fort Erie / saw a
middle aged man on horseback, who I
was told was Gen. O'Neil.
a +, A. Harrison Meyer mind what he
NJ. o. Cameron-I wish to show your
Lordship that this was the witness; was
taken by mistake for the prisoner by
Gen; o'Neil, who ordered him of as a
His Lordship-1f you want to prove
that it is by Gen. o'Neil, you should do
NJ. @. Cameron-Yes, my Lord, but,
unfortunately, Gen. O'Neil is not here.
Mr.. Blake sWorn-AmI the American
Consul at Fort Erie; think I saw the
prisoner there the ID of June; when 1
saw him he was leaving the ferry boat;
he said, Mr.. Consul you are safe now
the troops are here. ef
Count SchoReld sworn-Was at Fort
Erie the I'd of June; saw the prisoner
there.
This closed the evidence for the de-
Tense, and NJ. Q. Cameron then adj
dressed the jury in a long able speech
for the defense, contending the case for
the crown complete failure so far from
being Fenians; his Intervention be-
tween Newbiggin and O'Neil was an
act of kindness to the Canadians.
The Consul reviewed the evidence at
length, and said his intention was to
submit that al the indictments against
the Fenians must tail, inRsmuch as the
imperial act had passed since passing
the statute, under which the indfct-
ments were framed, which: should have
governed the proceedings. He con-
cluded by touching appeal to the Jury
to consider the innocent wife and chill
Idrentof the prisoner. . n
N Hon. j. ii. Cameron replied, contend
ing that the crown had established the
case, 1.-THE jury were satisfied that the
Z prisoner was aiding, asserting, sor
counselling the Fenfans as religious
adviser, or otherwise was equally guilty
as If caught in the act. he concluded
by stating that If the jury had any rea-
sonable doubt to give the prisoner the
benefit of It.
The Judge then charged the Jury.
|, concluding at half-past 5. The jury
then retired, and returned bringing In
ia verdict of "not guilty." The prison
er was yisibly affected and burst into
]. n. Cameron-I move the prisoner
be discharged; His Lordship, David f.
Lumsden the jury takes merciful
view of your case and acquitted you;
. you must feel the painful and disgrace.
; full position in which you were placed,
and but thRtJuFy considers that at the
time You were at Fort Erie you were
not responsible for your actions in con-
] sequence of fnordinate love of drink,
: you would most probably have, for
. feited your life To see a man Of your
is very sorrowfnl. sincerely hope It
, will prove lesson,g Be more careful
In the future and avoid bad company.
You are now discharged. Alter the
!, prisoner left the dock he embraced his
wife and was completely oVerpowered
with emotion. They then drove of 10
the American hotel. ~ 2 = y 8 9 =
u OTTowA. Nov. 3.-The total revenue
; of the government to October is 81 ,I7O, ]
600; expenditures 500, 900.
III, "A regiment of troops from England
Is expected to arrive here on Monday.
FEOmSt.LOuIs! -
ST.. LOUIS, Nov. ga fire last night
on franklin q Avenue destroyed the
-four mil1of d. g. Greenwood, Hame
IfaNkFNeVT Ak n