The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-11-10

nrorortion Of the toward for the arrest
of John WILKES Booth, he being one OF
the TROOPERS Joined in the capture.
Mr.. McKenzie--I also make the same
motion in these cases.
The prisoners then seyeraliy pleaded
ho barnard Duun was next arraignedn
he ia tall, powerful looking man, Oe-
tween forty and fifty years of age, and,
like the preceding prisoners, pleaded
MI. Mckenzie made similar motion
in this case. u
Patrick Donahue is man apparently
about 20 or % years OF age, Win daIs
ewes, moustache and hair, and aPpearsat
to be the most respectable LOOKING Oh u
the Lot, He was dressed in o suit OF
! black. and when placed in the DOCK
stated that hs wished his trial process
ed with as soon as pessibls. To the IN
dictment he pleaded not guilty, ana ms
trial by the consent OF eoanset, was
fixed from the 10th TO the 18th inst
Mr.. Mckenzie also moved to quash
the indictment on the same grounds ~
! i'm tho previous cases
.. tt the bar. IL s . small man, with
I most repulsiTe features. lie stated
\ that he had served in the British and
y. s. army. :
McKenzie-In this case, my lord, l
think we will be ready about the MD
die of next week. ALSO, IN TINS case,
make the same motion 10 regards fhe
indictment being bad In law.
VIM. Baker was the next prisoner
placed in the dock. The same plea was
put in by counsel, and the defendant
pleaded not guilty, and stated that nc
was net ready for trial.
At this stage lengthy discussion
took place between the learned c0unsei
OH both sides.
Mr.. Mckenzie, for the prisoner, desired
TO postpone the trial OF Hughes case,
| without having, as the crown alleged,
any reasonable cause for doing so. Inc
Oneen VS.. McGrath--in this case, which
was tried Yesterday, and resulted IN
verdict of not guilty, after the finding
of which noy Indictment was prefer
red against the prisoner, Ar. Mckenzie,
for the prisoner, pleaded a4terfols aa-
quit.
Hon. j, II. Cameron desired jury to
be empanneled mt once to try the issue.
Mr.. Mckenzie requested delay until
o-morrOw NOR ming.
Mr.. Cameron-I will Join Issue upon
the plea, my lord, but ! must object TO
the postponement. The plea is dila-
tory one, and there is no reason why the
matter cannot be at once decided, unless
there is an atiidayit put in. p. 4
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 be
James Burk, James spaulding and
William Orr were then placed in the
dock, and having been arraigned plead
ed not guilty, and stated that thoy were
not ready for trial. .,--s....r
Mr.. Mckenzie, in these cases, made
similar motion to quasb the Indictment.
The Queen w. Daniel Diamond.-This
prisoner was next placed in the dock.
Some time was occupied in empannel-
ing jury, twenty jurors being challeng-
ed by the prisoners counsel.
Mr.. McNab, 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 pre-
fcrred.
The prisoner was arrested on Satur-
day, the I'd of June, at place called
Frenchman's creek, with six-barreled
revolver in his possession, and from the
suspicious account he had given of him.
self. the Crown had deemed it their duty
to indict him. As there were = number of
witnesses, he would call the evidence.
John Metcalf swOrn-I was present
after the fight of Ridgeway and saw
ENSIGN McEachran shot there. The
prisoner made the following statement,
which l took down mt the time. lie
said he was an American citizen, and a
native of Ireland, that he was Roman
Catholic, and worked with a puddler;
that he usually resided in Philadelphia,
and left there for Pittsburgh; that he
was in Buffalo six or seven weeks before
the raid; that he came over into Canada
on the first of June; that he returned TO
Buffalo the same night and crossed over
again on Saturday, when he was arrest
ed.
Reuben Mosier, sworn-On Saturday
morning, by directions of Captain King,
arrested the prisoner, about four miles
from Fort Erie, on the bank of tho Nj
agara River. / asked him If he had any
arms. He replied not. l then searched
him, when he told me he had the revolt
yer, and put his hand in his pocket and
drew it ont. took it from him; it was
a six-barreled revolver, loaded, but not
capped.
Cross-examined by Mr.. Mckenzie
When arrested him he said he was no
Fenian.
Thomas Somerstrong sworn-I belong
to the Welland battery and was present
with several others when the prisoner
was arrested. As we were going down
the road some one cried out, IA Fenian."
Captain King then ordered us to arrest
him. He said he was no Fenian, but
refused to state where he came from.
There were some cartridges taken from
him by one Higgins.
Nelson Higgins swOrn-COrroborated
the evidence of the preceding witness.
Z. Taper sworn, but objected to by
Mckenzie, on the ground that the wit
ness name was not on the back of the
indictment-Th Fenians arrived in
Fort Erie on the LIST of June.
EMr. Mckenzie here objected, that so
far there was no evidence that the
prisoner was Fenian, and the wit
nesses could not be asked what other
persons could tell. 1t was proved that
the prisoner was connected with Fenian-
ism.
His Lordship over-ruled the objec-
ton.
Examination continued-They asked
prisoners for ten thousand men, but
there were not as many as that. They
landed ut the lower ferry, and from
there marched to the village. Some Of
them stayed on the brow of the hill and
the remainder were i'll Front street,
searching for prisoners.
Cross examined by Mr.. Fleming-Iti is
a customary thing in the States to carry
revolvers. .f' sf.E "t'
Joseph Newbiggin sworn-The pris-
| nnar rraafa1 n,, El-orJ u,,kol,x,,o