Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-11-04

Thos. Nerbiggin sworn: Brother to the
last witness; similar statement.
Thos. Wallsworth sworn: Heard the pris-
oner say he was reporter for the New York
Herald
DR.. kempson sworn; Am a resident OF
Fort Erie, saw him Saturday before the
tight and afterwards brought before me. l
ordered him arrested.
Col. Dennis sworn: Saw the prisoner when
brought on board the tug Robb as a Fenian
prisoner; he told me he was not a Fenian,
but clergyman Of the Church of England,
and heard there was fighting, and
came over to administer comfort to
the wounded and dying I expressed
surprise at his answer, stating | did
not see what use an Englis clergyman would
be among such ruffians-if thew professed
any religion it were Roman Catholic, he
replied in such cases, he approached them
as a Roman Catholic priest.
Cross-examined: From appe
prisoner was suffering from the arance the
desperate spree. effects of a
For the defence Mr.. NJ. C. Cameron
called DIR. Fuller Of Syracuse, and stated
he was a medical praetitioner-had known
prisoner in February, 1865, to be Rector Of
Trinity Church, and considered his charac-
ter decidedly anti-Fenian; prisoners charac-
ter was good in other respects only he
drank little too much whisky.
Mr.. j. II. Cameron: / must object to any
evidence being given on the prisoners senti-
ments.
His Lordship decided so.
Rev. DR.. Cox: | am Bishop Of the Episco-
pal Church of New York; know the pri-
soner; am under the impression he went to
Buffalo in answer to a verbal citation of
mine; regret to say he had rendered him
self subject to dismissal from the church by
reason of intemperance; on the 30th May
saw the prisoner in Buffalo, gave him a
letter from Bishop Potter and advised him
to send in his resignation as his connection
with the church would no longer be con-
tinued.
Rev. Mr. Greenhall sworn: / am Rector
of Fort Erie; on Tuesday evening proceed
ing the Fenian raid saw the prisoner; he
told me be thought of applying to Canada,
next met him on Wednesday, but he had
so dissipated an appearance that turned
away from him; on the morning Of 1st saw
him again; he was talking to some villagers
whom he was inviting to take up arms
against the Fenians; he said his Scotch blood
could not stand it.
A. P Cook, of Brooklyn, Mich, sworn: l
saw the prisoner at Buffalo at twelve o'clock
and at night on the 31st of May; from his
conversation would not have judged him to
be Fenian.
Mr.. Whelrey, proprietor Mansion House,
Buffalo, called: Proved that the prisoner ar
rived at place on the 3lst of May; entered
h - La
morning, without paying his bill.
Rev. Mr.. Hill sworn: Am acquainted with
the handwriting of Mr.. Lumsden. looks
at the record.) That is his writing.
Mr.. F. n. Blake sworn: Am the Ameri-
can Consul at Fort Erie Think that saw
the prisoner there on the End of June.
Saw him as he was leaving the ferry boat.
He said: .."Mr. Consul, you are safe now
the troops have come"
Lieut. Schofeld sworn: Was at Fort Erie
on the 2Sth of June. Saw prisoner.
This closed the evidence for the defence.
Mr.. Cameron then addressed the Jury in
a long and able speech for the defense, con-
tending that so far from being a Fenian his
Intervention between Newbiggin and O'Neil
was an act of kindness to Canadians. He
reviewed the evidence at length, and said
his intention was to submit that all indict-
ments against Fenians must fail, inasmuch
as the imperial act, passed since the statute
under which the indictments were framed.
Counsel concluded with a touching appeal
to to the jury to consider the innocent wife
and children Of the prisoner.
Hon. J. Cameron replied contending that
the Crown had established a case. If the
jury was satisfied the prisoner was aiding,
assisting or eounseling the Fenians as a re-
ligiOus adviser or otherwise, he was equally
guilty as if caught in arms. He concluded
by stating that if the jury had reasonable
doubt, to give the prisoner the benefit of it.
The Judge then charged the jury, who re-
tired, and soon returned, bringing in YER
dict of not guilty.