The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-11-15
THE FENIANS.
The Trials mt Toronto-Auothcr Pris-
sner Sentenced.

II u
0ner Sentenced.
TORONTO, Nov. 1.-THE court resumed
its sittings this morning, Hon. Justice
John Wilson presiding.
The Sheriff having called over the
Jury panel, his Loydship directed the
prisoner. Daniel Whelan, in whose case
MIR. Mckenzie challenged the array OF
Jurors Yesterday, TO be brought in.
Mr.. McKenzie-I would ask your Lord
shin TO allow me Il few minutes consulta-
ton with the prisoner before the jury is
sworn.
His Lortlship-Well, let it he very
short one. All day yesterday was
wasted through your objections.
Mr.. McKcnzie--I regret to hear Your
Lordship express yourself so. l 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 re-
spcct to your opinion, | am convinced
| i'm law that the challenge was well
/ founded.
| Mr.. Mckenzie, after having consulted
with his client, read and put in an atli-
davit made by the prisoner. setting forth
ut length the objection made to the,
challenge yesterday, on which nc moved
his Lordship to quash the panel; in the
event of refusing this to quash the jury
list, or to grant him rule upon the At
torncy General of Upper Canada, to
show WHY this course should not be pur-
sued. or else to put off trial.
Hon. j. IL. Cameron, on bcha If of the
Crown. stated that there was no fact
ALLEGED in the affidavit which would
warrant such u course.
His Lordship-I decline the applica-
4 ton.
! Mr.. Mckenzie then claimed, rs the
prisoner was an alien, that he should be
tried by jury dccOmWidt Hngade.
Hon. J. II. Cameron objected, on the
ground that the prisoner had already
pleaded to the indictment.
His lordship-l think the prisoner
should not be excluded from that right
Let a preccpt be drawn up and handed
to the Sheriff Ia summon as 1uiymeh SIN
citizens of the United States.
Mr.. McKenzie-As this may take some
time. in order to avoid unnecessary de:
Law, after consultation with my learned
friend. have agreed to waive my right
Mr.. Mckenzie stated that he required
the prisoners, Col. Lynch and ONeil, Is
witnesses for the defence.
His loriship decided them to be sent
for.
Mr.. McNab opened the case for the
|, crown in short address, and called
John Metealf, who was sworn, and sand
the prisoner made the following state
ment ut Port Colborne: He said ne
was American born, Jackson county
State of New York: that he lived por.
ton of his time in Canada; that he left
for Cleveland three years ago, and left
, there for Buffalo on the Both of May, tC
90 TO Ireland to liberate her; that hi
came over with several Others to Fort
Erie in canal boats, was wounded al
Lime Ridge; he said they retreated At
Lime Ridge, because the officer II
command had gwen wrong orders; said
there was 1000 engaged at Ridgeway
under command of Col. ONeil. dc
! stated that the Fenians were Obliged to
retire in consequence of the heavy fire
of our troops.
; Robert Bloss Lynch sworn: Am d
prisoner in Jail under sentence of death
NV home is Louisville, Kentucky; wa.
employed formerly in the army, but
latterly in commercial house, there rs
5 book keeper While i the army
wrote several letters for newspapers
r hut was not specially employed: was ii
/ Canada in the beginning of June, as re-
J porter for Louisville paper. was t
report to Mr.. James McDermoth, Louis
) vile, who held a position of Assistan,
, Adiutant General to the Fenian Broth
; erhood for the State of Kentucky. III,
was to revise letters and have then
, published; did not come over in mill
tary capacity. / saw the prisoner il
June last. when he said he wanted t.
get back to the American side; do moi
: know whether prisoner is Fenian o.
D not.
r Several affidayits as to character wer'
then put in.
0 Mr.. Mckenzie briefly addressed tn
|, jury in behalf of the prisoner, nrginI
: that he was brought over here whll
under the influence of liquor, and con