The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1866-11-09
LATEST BY fEhEGR6PH
FD0M CANADA

ToRosro, C. W., Nov. 8.
The Toronto Leader, this morning, in Q
long article on the fate of the condemned
aTAe fofnsl pasing ofsentence OF death
IL not regarded % certaia Indication Of their
fate. Circumstances point towards leniency.
TIE necessity n shedding bsood is cot very
ulkeat, nw & utility clearly appsri Tbs
circumstances viii probably deteF1idS the
fate Of the prisoners, but if it should turn
out that none of them are executed. the pun
ishment will uodoeb& be axenplary. Let no
one run away with the ideA that the Feniap
cslprits will get free pardon, or anything
approaching to it. Public opinion will de-
mand that the punishment be sudden and seA
we're. Under different circumstances they
would assuredly have been hsnSed. If il
were necessary, to deter from smother raid,
to execute, all appeals for mercy would be
vain. The Imperial Government will have
suggestion to make on the subject, and by
that suggestion the representative of the
Crown win, With or without furthW a1vice,
shape bis eenrse. Thew = Az pcef fsing
that the full rigor Of the law viii not be exc
cuted on the prisoners sentenced to death.
Already fre0ds of IL prisoseD are raising
money in the States, on the presumption that
they are going to be hanged, and sfit be prob
able that they win not be hanged, the sooner
this is understood, the less money they will
be able to raise. We can afford to be mag
unanimous, mach hettsr than we can to make
them mortyrs. But our magnanimity cannot
70 beyond sparing their lives, if It 70 that far.
Punishment proportional TO their crime, with
perhaps an admixture of royal clemency, they
must receive
The Globe has despatch from Montreal,
saying that it 10 underStood that the Govern
ment, at the late Cabinet meeting, resolved
to commute the sentence Of Lynch and Nc
Aahon.
Three men, named Bell, Fannigau, and
Wells, conhned in the Old Jail since June
last on the charge Of Fensnism, were releas-
ed from custody, the grand jury having ig
nored the bills against hem.
The excitement of the Fenian trials 10
diminishing. The court opened this morning
prisoner placed in the dock. AE 4cKinzie,
before the prisoner pleaded, moved that the
indictment be quashsd, on the ground of mis-
joinder of the court, and that the ofIense was
committed in the county of Wellxnd, and
therefore cannot be tried in the county Of
York. 1t being one Of two counties united,
Mr. Il. A. Harrison contended that his learn
ed friend had placed wrong construction on
interpreting the clause, and that as to the
second ground, his Lordship had overruled
that objection by his decision, 10 an applica-
ton OF the same nature, made yesterday.
A lengthy debate took place between the
counsels.
Mr.. Mckenzie would ask your Lord
ship to allow me unit tomorrow to consider
which course | sha II adopt in this case.
Whether should demur or allow the prison
er to plead over.
Hon. J. II. Cameron-Yon had better be
careful how you demur in the case Of Queen rs.
Sweetzer, in which il is reported he identified
the prisoner. 1t was held by the learned
Judges that unless demurrer had been sue
cessful, sentence would have had 70 be car
ried out.
His Lordship-Very well, have no OBJ
jections.
The prisoner was then removed, and Pat.
rick Magraih placed in the dock.
Mr.. McNab in short address opened the
case for the Crown, in which he stated it
could be proved thAi the prisoner, on the
FIRST Of June. was seen with What 10 knowu
Is the Fenian rife in his possession, near
Fort Erie.
After the examination Of Witnesses, his
Lordship, addressing the jury, explained
that the evidence showed the prisoner to be
q British subject, and could not therefore be
tried Is At present indicted. He therefore
directed the jury to return verdict of ac-
quittal.
M Mckenzie then submitted that Is q
British subject he could not be tried twice
for the same offense. He should therefore be
discharged.
Mr.. Harris, on the Crown, has further evi
H. t1~A kn. t~saA
again, will not be tried - IN American citi-
zen.
Fhe Court q l o'clock adjourned till 10
o clock to morrow.
Il Is McKenaisss intsution to take the fol-
lowing objections to I'll the indictments pre-
ferred against the Fsuiaa prisoners yet un>
tried, containing dosble counts, and in the
case Of the Queen N. Metinth, he will ad-
viss the prisoners y ptsad plea of outrafais
aqnit:
ls,-ou the ground Of mi5oiader of the
Court, that he . charged - IN American
citizen.
2d-That he Il charged q British sub.
ject, and is charged with what amounts to
high treason.
Sd-No man can be citizen of foreign
State and British subject at the same time.
There cannot be distinct o6enses charged in
the same indictment. fN
4th--That it appears, - On sfect Of the in
dictment, that the oGsnses charged against
the prisoner, we're committed in the county
of Weliand, and an Indictment therefore
could pot be legally preferred against him.
The Grand Juy theA sntSred the Court
room and brought bills against the following
FeniAn prisoners:
John Hughes, Pairick Dosslue, James
Burke, Jas. Spaulding, VIM. Orr, Patrick
Keating, Wm. Baker, Barney Dunn and
Fred. Fry.
OTTAWA, C. W., Noy. g..
Two cases of rifles seized, 4ddrsseed 10
unknown persow, were desained BY the au.
shorities for instructions from the Govern,
ment.
| Hon. Jno. A. McDouaM lsaves bnday
| for New York to join other deleeae1 fAilinl
for England Wednesday, -