Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-11-15
From, Cauas,e.

TORONTO, Nov 1.-THE court resumed its sitting
at ~ A. NJ. Hon. Justice John Wilson presiding
The Sheriff having called over the jury panel, his
Lordship directed the prisoner Daniel Wheelon
IN whose case Mr. Mckenzie challenged the array
ofjurors fraught
Mr.. Mckenzie: | would ask your LOrdship to
allow me few minutes private consultation with
the prisoner before the jury is sworn
bis Lordship. / will let it be n very short one
an gay yesterday was Waiste1 through your OBJ
Mr.. Mckenzie regret to hear you1 Lordship
express yourself so. have always given you
credit for sincerity, and thought Won would also
give me the same. Although you may view these
objections trivial, with all due respect to your
opinion, am convinced in law the challenge was
Mr.. Mckenzie, after having consulted with his
elient made and read an affidavit, made by the
Premier, setting forth at length the objection
made by the challenger in which gave his Lord
ship, to quash the panel in'the event of refusing
this TO quash the jury list or to grantghim a rule
upod the Attorney General of Upper Canada to
show why this course should not be pursued or
else to put off the trial.
j. II. Conner, on the part of the crown, stated
that there was not fact alledged in the affidavit
Whleh would not bear him out in his course. His
Lordsmp declined the application. Mr.. Ne
kenzie then closed as the prisoner was an alien
he should be tried by a jury
!, Hon. II. j. Cameron objected on the ground
that the Premier had already pleaded to the in
dictment
His Lordship: think the Premier should not
be excluded from the right, Let "a process be
HI
juryman from six citizens ofthe United States
Mr.. Mckenzie: As this may take some time in
order to avoid unnecessary delay, after consulta-
ton with my friend, l have agreed TO waive my
night. Mr.. Nick. required the prisoners Coils
Lynch and 0'Neill, as witnesses for the defense
His Lefdship decided that they be sent for
short address.
John Metcalf sworn: Said that prisoner made
the following statement He was an American:
was born in Jackson county New York. nc lived
a portion n md hat he
lived in Cleveland years ago and left there for
Buffalo, on the 30th of May to go to ireland to
iberate her. That he came over, with several
others, to work in Canada, but was wounded al
Lime Ridge.
Robt. Blacs Lynch sworn: 1 am prisoner in
Jail, under sentence of death: my home is in Lone
isville; | was employed formerly in the army but
latterly IN commercial house there as book
keeper. While in the army 1 wrote several let
tiers Ior newspapers, but was not specially employ
ed; was in Canada at the beginning Of June, and
reported for the Louisville Courier; l was to re-
port to Mr.. Jam es MeDermott, of Louisville. who
was Assistant AdJutant General of the Fenian
Brotherhood, of the State of Kentucky, and was
TO revise letters and have them published; was
not armed at Lime Ridge; did not enter in mill
tary capacity; saw the prisoner on June last
when he SAID he wanted to get back to the Ameri-
can side; do not know whether the prisoner was a
Fenian or not Several atfidavits as to his char
aeter were then put in.
Mr.. Mckenzie briefly addressed the jury in
behalf OF the prisoner, urging that he was brought
over here when under the influence CT drink
consequently. not responsible for his acts His
LOrdship having charged the jury, they retired
at twenty minutes to two o'clock, at five minutes
TO two o'clock the jury returned with a verdict Of
guilty. The Hon. J. ii. Cameron then moved
that sentenced be pronounced on the same grounds
as IN the case of the Queen against Hayden
His Lordship then addressed the prisoner, who,
having nothing to say why sentence should not be
passed, his LOrdship ordered that he be hanged
on the 18th day of December. The prisoner re-
ceived the sentence without manifesting any
emotion, and smiled with evident indifference at
the proceedings.
The trial of John Quinn was then proceeded