The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-13
CA N A DA.

The Feniaa Trials Wllliam DuSgan Dis
charged-Prcsent Tcrm Of the Court to Gloss
ON SnturdRy-senatOr Murphy Denies the
Authorship OF the Letter Charging the Irisi
with Being Democrats Hfbernian Stranger
In Toronto Charge Of Bclng . Brisish sp,
Made Against a United states Naval Once,
nj Buffalo, &c.
ToaoNro. O. w., Nov. II 1864.
The court met At twelve this afternoon, Justice Wilson
on tho bench. Among the members OF the bar present
were Hon. j. H. Cameron, Hon r. A. Harrison, and J.
hcNab for the crows. and K. j. Mckenzie, Queens
Counsel, J. Fleming and g. Aorphy for the accused.
William Duggan Wa placed In the dock.
On the opening Of the court
Mr. McKenze-I move. my lord, in this case to have
the Indictment quashsd on the same grounds NJ that
ruled on In the case OF Queen va O'Nei and others
:. The prisoner exercised his right and challenged,
through his counsel, thirteen jurors before jury
empanelled. The Crown challenged one
Mr. NEUTRALITY-SUSPICIOUS. my learned friend, Mr. McNab,
opens tho case would move the court that calls upon
the Crown 10 select on what counts In the Indictment
they propose to try the prisoner whether they elect him
70 be tried as an American citizen British subject
think that this IL the proper time to do submit the
prisoner has no right TO DO tried for two different offences
on the same indictment.
Mr. Harrison-My lord, I submit that this In not q
proper time TO bring forward such objection.
After lengthy argument between counsel his lordship
rejected Mr. McKenze's motion
Mr.. hcNab opened the for the Crown In q short
address
John Metcalf sworn-I know the prisoner, who has
American citizen but born In tho county OF Mona
CHAN, Ireland, and usually resided in Buffalo; on the
nrst OF June he was asked BY one John Hetherngton
when the Fenans crossed over he remained at home all
day he went with his employer TO the head OF the rail
way dock who're tho Fenans were guard the Fenans
told HIM not to come back without pass from their
Colonel
Eben upper sworn-I At Fort Erie on the LIST Of
June, and saw the Fenians landing.
Crossexaminod by Mr.. McRenzIe-The prisoner lives
at Fort Erie, and have never heard anything against
his character
Pohoyt croon .worn r arras,ad ,ha rr.oc.r ,osor .
warrant on the 4th OF June 1 know the Souverorn
bride; II is wooden bridge the Buffalo and Lake Huron
OF June the volunteers and regulars came over Il; il
was set on FIRE the LIST of June; II nrs and
put Il out know the prisoner.
William Lennox, sworn-f reside ut the corner OF
Front street and west Market street, and am volunteer
IN the Queens Own. No. company; Mon
day, the I'd Of juno, I saw tho prisoner
tho railroad track below Fort Erie I had
some conversation with him. Detective Clarke arrested
the prisoner and when coming back the prisoner told
going they had robbed the station house from which
he got two bottles OF brandy and had gn no said be
mad hand car which took down the prisoners who
burned the railroad bridge.
Mr.. McKenzie-r submit, lord. that this evidence
falls The statement WAS made after he was in custody
Mr.. Cameron objected. The Witness had no authority
70 discharge him.
Examination continued. II arrested him as Fenan;
cannot say whether Clarke heard the statement that
was made 70 me.
This concluded the case for the Grown
Hon J. II. Cameron-As my learned friend, Mr. Nc.
kenze informs me that there 70 large number OF wit
nsa.es TO DO examined for the Defence Il might perhaps
my lord be - we'd to defer The further hearing OF this
case till 10
Hs Lordship-Possbly IL might, but the jury win
Jaros-I wond wiah 70 ask the cour. s there is any
made up their nis1s Q III. verdict they viii give
Hon J. H. Camsson-Certainy not
Foreman q Jury-we are unanimous IN opinion
His Lordshlp- say you. Them
ForemAn-rhss the Crown has failed 70 establish q
!" Hts Iordshp will ihso sad verde. Of mot
guilty"
voreman-Yss. my lord
His fordship tnsn discharged the prisoner and in DO.
ing stated that he scQusscsd In the conclusion that
against the prisoners II their fate depsndsd upon the
escape banging Throughout, tho provinces bitter feel
ing gradually developing itself between the Orange
men and Irshmen which at no distant dAy threatens TO
men belonging 70 tho Roman Calholo Church
strictly excluded by tboss snpsnsIlins the jury
and none but Orangemsn pot They claim that this
was done for the parpo.s securing The conviction Of
the prisoners
The court room Is daily crowded with sua.ssrs
Is surmsed thai they have come here 70 be
, .sssa s SS Ss .: :r PARTIES pa. '' comma:
us.y q. s @ RI. ssa on
s .sS sss.
10 the jury IN the csss of thoss already conyiotsd
Michael NgrBN den,As ip spgAy letter ths author
s6p 81 if spst!s Afd Ia sour II his oily on the 9th
The Fenians Of Bunhlo are making sm6syit which
tend TO prove tia, Acting hAs.sr William a. Norris
United States steamer Mehiesn Ia . British SOY and
that during the raid Fort Ens he caused the fsnsn
arms stored their amory DO akea possession Of by
the United States authorities hsrsby ovsrsispp,ng the
orders hs had received from washingsn.
Arrlvn nj Of War Mat oriais Review Of Troops.
horssAI, Nov. 10, 1904.
Tho dscoun, on American invoices foe the cunen,
week IL placed by government at tbrsyons psr cent
Larse quantities Of var material con.nus 10 arrive
and srs being discharged from ships The weather Va
Ono.
The whole military force here including several res.