The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-11-20
FENIAN N N EW S .
FR oM Ton TO
7 h e Fe enian Tria | S
Case of Dan. WheIan Brought up.
Strong Remarks. Of the Prisoners Coun-
sci to The Jury. .l ~ q

~ 81 Set 10 Me' Jury.
TORONTO, November 14-The Court
resumed sitting this morning. Hon.
Justice John Wilson presiding. The
Sheriff having called over the jury panel.
His Lordship directed the prisoner, Dan
iel Whelan, In whose case Mr.. Mckenzie
challenged the array of jurors yesterday,
to be brought in.
Mr.. McKenzie=-T would ask your
Lordship to allow me few minutes prl-
vate consultation with the prisoner, be-
fore the jury are sworn a
His Lordship-W Well let it be very
short one; all day yesterday was wasted
through your objections. a ae
Mr.. McKenzie-.I regret to hear your
Lordship express yourself SO. 1 have
always given you credit for sincerity, and
thought you would also give me the
same. Although you may view these
objections trivial, with all due respect to
your opinion, / am convinced in law that
the challenge was we'll founded. Mr..
Mckenzie after having consulted with
his client, read and put in an affidavit
made by the prisoner, setting forth at
length the objection made to the chal-
lenge, yesterday, in which he urged his
lordship to quash the panel. In the
event of refusing this,,t quash the jury
list, or to grant him rule upon the At
torney general of Upper Canada to show
why this course should not be pursued,
or else to put off the trial.
Hon. j. H. Cameron, on the part of
the Crown, stated that there was no fact
alleged in the affidavit which would
warrant such course.
His Lordship-I decline the applica-
tion.
Mr.. Mckenzie then claimed, as the
prisoner was an alien, that he should be
tried by jury dc commutat hngue.
Hon. J. H. Cameron objected, on the
ground that the prisoner has already
pleaded to the Indictment
Lordship-I think the prisoner should
not be excluded from the right. Let a
precept be drawn up and handed to the
sheriff, to summon as 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
I have agreed to waive my right
Mr.. Mckenzie stated that ho required
the prisoners, Colonels Lynch and O'Neil
as witnesses for the defense.
His Lordship decided them to be sent
| for.
Mr.. ,McNab opened the case for the
Crown in short address, and called j.
John Metcalf- sworn.-He said the
prisoner made the following statement at
Port Colburne: He said he was an Amer
ican; born in Jackson County, State Of
New York; that he lived portion of his
time in Canada; that he left for Cleve-
land three years ago, and left there for
Buffalo on the 3Oth of May to 60 to Ire
land to liberate her; that he came over
with several others to Fort Erie, in Can
ada, but was wounded at Lime Bridge
because the officer in command had Civ
en- wreng orders; said there were one
thousand men engaged at RidgeTay, un-
der command of Colonel O'Neil. lie
stated that the tFenians were obliged to
retreat in consequence Of the heavy fire
of our troops.
Testimony of Robert Bloss Lynch
for the Defense--PriSOner Con-
victed--IIe is sentenced TO be
Hung ON the 18th Of December.
Robert Bloss Lynch sworn-Am a
prisoner in Jail under sentence of death
My home is In Louisville, Kentucky;
was employed formerly in the army, but
latterly in acemmercial house there, as
book keeper; while in the army I wrote
several letters for newspapers, but was not
specially employed. Was in Canada, be-
ginning in June as reporter for the Lou
isville Courier; was to report to Mr.
James McDemont, Louisville, who held
the position of Assistant Adjutant Gen.
eral to the Fenian Brotherhood for the
State of Kentucky, and was to revise my
letters and have them published; was not
armed at the time; did not come over in
a military capacity. I saw the prisoner
in June last. when he said he wanted to
get back to the American side; do not
know whether he is Fenian or not.
Several afidavits as to the character Of
the prisoner were put in.
Mr.. Mckenzie briefly addressed the
ljury on behalf of the prisoner; urging
that he was brought over here when un-
der the influence of drink, consequently
not responsible for his acts.
His Lordship having charged the jury
they retired at twenty minutes to two
O'Clock. AT five minutes to two o'clock
the jury returned with the verdict Of
guilty"
The Hen. j. II. Cameron then moved
the sentence.
Mr.. Mckenzie moved an arrest OIL
Judgment on the same grounds as in the
case Of the Queen Us. Hayden.
His Lordship then addressed the pris
oner, who, having nothing to say why
sentence should not be passed, ordered
that he be hanged on the 18th of Decem
ber.
The prisoner received the sentence
without manifesting the slightest emo
ton, and smiled with evident indiffer
cnce at the, proceeding.
The trial of John Quinn vas then pro
eeeded with. eseassr -.
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