Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1866-11-15

TORONTO, Nov. 1.-THE Court resumed
IT'S sit,ings this morning, Hon Justice viii
,"n presiding
rhc Sheriff having called over the iury
anel. his Inriship directed the prisoner,
daniel WhelaD, in whose case Mr. Mcken
| lle challenged the array Of jurors esterday,
20 be brought in.
| Mr.. ncIlcnzie--I would ask your Lord
hip I" allow me a few minutes private con
ultation with the prisoner before the jury
re torn.
Ills I.ordship-- Well. let it be very shor,;
Ne nli day yesterday waited through your
| objections
Mr McKenzie-I regret to hear yonr
LorJship express yourself 30. have III
Aays given you credit for sincerity, and
| Thought you would also give me the same.
although you may view these objections
| riviai With all due respect to your opinion,
avn convinced. in law, that the challenge
~ns well founded
| Mr. Mckenzie, alter having consulted
with hls client, read and put in an affidavit.
made 10y he prisoner, setting forth At length
the objection made 10 the challenge yestcr
lay. on winch he moved his Lordship to
quash the panel In the event of refusing
ms, To q,iash the jury list, or to grant him
rule upon the Attorney General OF Upper
canada TO show why this course should not
be pursued, or else to put Of the trial.
Mr.. Cameron, on the part of the Crown,
stated that there was no fact alleged in the
fhlavit which would warrant such course
His Lnrdkbip--l decline the application
Mr. Mckenzie then claimed, as the IRIS.
nner was nm alien, that be should he tried by
Jury dc commntol Hngude
Mr.. Cameron objected, on the ground that
the prisoner had nlscadv pleaded to the in.
III tincn'.
Ills Lordship-I think the prisoner should
not be excluded from that right Let pre
cept bc drawn up and handed to the Sheriff
to summon as jurymcn six citizens Of the
United States.
Mr.. McKenzie-As this may take some
time, in order 10 avoid any unnecessary DE-
lay, after consultation with my learned
friend, have agreed to waive my right.
Mr. Mckenzie stated that he required the
prisoners, Col. Lynch and O'Neil, Is wit.
nesses for the defence.
His Lorjship decided them to be sent for.
Mr.. McNabc opened the case for the
crown in short address, and called John
Gnetcalt, sworn, said the prisoner made the
following statement ct RI. Colborne: He
said he was an American, born In Jackson
county, New York; that he lived q portion
of his time in Canada; that he left for
Cleveland three years ago. and left there for
Buffalo the mth ot May, to go to Ireland to
libcratc her that he came over with several
others to Fort Eric in canal boats; WAS
wounded at Lime Ridge; be said they we're
defeated at Lime Ridge because the ol)cer
in command hsd given wrong orders said
here were 1900 men engaged at Ridgcway
under command OF Col. O'Neil; he stated
he Fenians were Obliged to retire in consc.
quencc of the heavy fire OF our troops
X bert Blair Lynch sworn am prisoner
IL jail under sentence of death. Nv home
is in Louisville. Kentucky: was employed
formerly in the army, but latterlv in = com
mefcial house as bOOk-keeper; while In the
army wrote several letters for newspapers,
but was not specially employed: was In
anada in the beginning Of June ~ 70.
porter lOr the Louisville Courier; was to
who held the position Of Asst Adjt. Gen. Of
the Feniau brotherhood Of The State Of
Kentucky he was to revise my leltcrs and
nave them published; WAS mot armed ~ the
time did not como over In . military CO.
pacity saw the prisoner Juoe last, when
said he wanted to get hack to the American
side; do not know whether prisoner is a
feuian or not
Several atfi lavits as 10 character were then
put in. Mr.. Mckenzie briefly addressed the
jury I'm behalf Of the prisoner urging that
he was brought over here Whea under
influence Of drink. consequently not respon
sihle for acts. His Lordship having charged
the Jury they retired at 20 minutes to 3. At
minutes To =? O'Clock. jury returned with
verdict of guilty. The Hon. J. n. Cameron
then moved sentence. Mr.. Mckenzie
moved an arrest ri judgment, on the same
grounds as in Case oi the Queen Va. Hayden
HIS lordship then addressed the prisoner
who having nothing to say why sentence
should not be passed, ordered that he be
hanged on the 18th OF December.
The prisoner received the sentence with
out maniiesiing the slightest emotion. and
smiled with evs .ent indifference at the pso
ccedings 7'E
The trial oil John Quinn was then pro.
ceeded with.
Fiaaneia1. 4
New York. Nov. 1.-THE Posts moasy
article says the loan market is more oCeivo
and very little business b doing below 0 per
cent on Cali L,ans; 6ta1s on discounts.
The draw of currency 10 the interior still
continues. The stock market opened steady
and became weak and cldssd steady After
the regular board he quotations were
New York Central 1.l0s Erie, s9f; Hud
son Si.25 Reading, el,l3i: Michiaan
Central 81 i29; Michigan southern S7a;
Pittsburgh. 81 !; Northwestern, j94 Meth.
western. psefsrsd at "a: Toledo. ei.f5};
Foreign ExfAa1ec dull: Calls 1t 20 DAYS on
d. q