The New York herald., 1866-11-11
c A NJ A D A..
rae PeDlan Trials--wiiliam Hayden Sem
fenced TO be Hanged, &c.

aals with tho eexcenuon Of the jurymen counsel and
witnesses there but few present when the court
ppepeo but n soon began gradually TO Gil, and by the
same the Sheriff had called the Jury panel the gal
yesy was crowded BY number Of persons. among whom
we're noticed many strangers
Messrs r. A. Harrison, Jno. Patterson and J. McNsi
vrpro,sptsd the crown, and Mr. R. Mckenzie, Queeni
coonse defended tho prisoners.
HIS Lordshp--Mr. Harrison are you prepared IN any
Or ihe cases this morningf
Mr. r. a. Harrieon--yes my lord There Is case o.
M Queen vs. Hayden, which would wish to be pro
seeded with. An affidavit has already been put in, bu
sba time asked for has passed
Mr. r. MoKenzie--We are not prepared to proceed.
messenger has been sent 10 the other side for the
purpose Of obtaining Witnesses but has not returned
Mr. r. A. Harrison-Will you make an alldayit TO tnat
effect,
Mr. R. McRenzie-I Is my intention to do so.
John Cooney was first placed IN the dock He Is . .
bow thick set man, between thirty and forty years o.
tge, With short brown hair, low forehead biue eyes,
fnusache and beard OF a Yankee cut rather repusNe
Seatnres he dressed In rather seedy looking bown
poai with light colored vest and pants ana wore aesnea
COLLAR nor neck tie Previous TO pleading MI Mdheh1le
poved TO guasn the indictment Oh the same gognSs gs
That relied on In the case OF the Queen W. 3Se anu
Others
The prisoner then pleaded not guilty and stated that
ne was not ready for trial. -,
yonng man. about six feet five inches hish, with dark
har and his complexion ana appeanee a uaho.nn M ns as
asailv rsssed IN snIt Of eray tweed On being ques
soned stated that he was twentythfee years OF age
and pleaded not guilty 10 the charge
Nr Mckenzie made a similar motion in this trial.
Hs Lordship you ready for your trial. prisoner
Yes, my lord.
Mr. McKenHo--His case my loru, VIII have 10 stand
We are not yet ready
The prisoner then removed.
T9s Queen rs William Hdydcn.-After lengthy
ARGUMENT between the counsel Mr. Harrison persistng
aha the prisoner should DO tried and Mr. Mckenzie sub
nitting that he entitled to further posiponement
he nrisoner directed TO De brought
William Hayden Is about twenty years of age, with
pipht complexion, blue eyes, large ears and
psnce which betokens tina, his intellectual attanments
Ayo not Of the highest order.
Mr. Mckenzie also moved to quash the indictment,
and the prisoner by direction Of his COUNCIL pleaded
Dot guilty. The jury were then sworn.
Mr. McKenzie--I would ask your lordship-as our de-
fence relies the question of denttyto allow the
prisoner DO placed Of the Dock the same, be-
bsve done in McHenrys case.
nr r. Harrison happened to be engaged in that
Csse. and have no recollection of H.
His I.ordship-I you can show me any precedent
Mr. Mckenzie, am willing to allow il TO be done. !
snust have never heard OF such course being pur
Mr. acRenzie-r won't press the matter, my lord
John Metcaife sworn-I am private IN the Queens
Own, and was present at the fight at Ridgeway when
She Canadian volunteers attacked at Lime Ridge
= several killed and wounded there; in conver
.Vsticn with him at the jail he told me that he was
pp american citizen; that he used to work on steam.
tboets native OF Louisville Kentucky had no
Ihone and last came from Buffalo
Joseph Nowbigging swornI live AT Fort Erie on the
Bornng Of the 1s, Of June, about daylight saw four
oAna boats towed the Niagara rser by two tug
boats tho boats contained several hundred mon;
3be prjsoner among ibem be dressed 10 plain
Eothes and had green vail around his neck; he was
eTmed with ride and bad cartridge box slrpg 10
Seli around hs waist: be riding horse which
afterwards learned belonged 10 the Niagara street Rail-
way Of Buffalo; the prisoner spoke TO Crainer Prcey
hbd told him give him the rest Of that money; Prcay
nned out hts pccke,book and said, have very little
money gave you nearly oil had beforc:" prisoner
ss'd "oh no, you have lots Of moneys" Pricely then
1sve him eighty ve cents In silver and asked bm
u be would not keep the boys away, whom he said he
on do he had something 10 treat them with;
heard he made a similar demand on other persona
Cross examned-some OF the men whom ! supposed
- he Fenians had green tuncs and others American
sniforms, but most OF them had civilians clothes
George Graham eworn---I live abont three miles from
Dort Erie little northwest the Anderson road;
saw the prisoner Friday, the LIST OF June abou, i've
vss The prisoner; was going home, and he rods past
- furousy; saw him afterwards al shoemaEer's
front q Aspss sS e ssa wsS
such the Tenisns had; he asked what was, and
j replied Was an Engiishman; he said they had come
as sItinst rhe prisoner smiled and glanced a the
Sey.) He asked me for quarter Of dollar; told him
ssd IL
sl bs sspsafsf % under ths ipdasqes q drink; 30
Crosa sIam!nsd By Mr. NpKsuse-Hs demanded shs
William H,iiss-i i've nvs miles nom Tort Ene wss
- Nr Pnesy's farm on ths LIST OF June last, and saw
f prisoner there four simss on that day; be rode up
was armed with rife and bsyonet, ! got him what
required, and he went away aboa, an hoar after
8 % hi. Sorss aud aid 70 % Mr. prcs,y, "sive me a.
wsst 20 20 and tired. myself:" MI. Pncey gave him
ksms money but not -, he had come conversation
nth him, In which the prisoner eAid they had
ver TO take Canada and going 70 free Ireland no
yeuncd again in about hour and wanted the rest Of
bbe money there . good many Fenan stragglers
eSoal At hs time; they 20, some bread and meat, which
De prisoner said was eatisfactory
I Mr.. bckenrie-I have not the least doubt Of II.
s1Aoghtef.)
Gross examined By Mr.. Fleming-Aitnolgh he sp-
Rssrsd under the Influence Of liquor no could sit hs
borss very well; bis talk not wild extrsy agant;
De appeared to have all his senses.
~. r HarrIson-That is the case my Lord
Mr. Mckenzie then read and put IN several afhdaviis
- 20 prisoners previous good character and proceeded
. nddreee the Jury for tho defence In opening hIs
benhrks he complained that he had been forced the
Ss BY the Grown counsel before h. ready - pro-
peod, ipasmucb he had witnesses in attendance
Be argued thai although the evidence was certainly Of
"nr character against The prisoner and possibly might
- construed by the jury as exceedingly ptciudcia,
kei there was nothing 10 show that lac came here
tcr the perposs ~ evyng against her Majesty he
1eny did come here, and acted IN m exceedingly wrong
Dsnnsr piunderng any British subject; he submitted
pbst he did wniie lahoring under the influence Of
Brink; scarcely knowing What he did al the time He
pcpcuded bis speech by stating that he did offer any
p&hatvn Tor the prisoners conduct he thoueht very
ko,ras.oas and acquitted on ,hs charge the Crown
pOuid no doubt try him for obtaining money through
numidatlen, which 1t Was plain he had done, but he
admitted that taking into consideration bis youth and
no evfcence peen shown OF his intent levy
sy Oh tho Queen, that be Upper Canada
pbsI they should and him guilty the present
ctment thus giving the Grown an opportunity Of pro-
1csung him for the offence II he committed any, Of
sbiln he really was guilty.
His Lordshp thsn charged the jury, explaining 10
ebem the law under which the prisoner tried.
Mr. IcKenzie-I propose 10 take the same exceptions
Do your Lordshps charge Us did Parry's case with
thcss further ohjections--ist That your LorisnIp
houd not have told the jury that the proof laid tho
brsoner show his business IN Csnaia occasion
oo. That your oldshp sbouid have expressed your
bsf- there be any doubt that the prisoner was q
rhinestone Ridge Fort Eref sd. Ina. your rords'.ip
oouio have directed the Jury that the prisoner
ding horseback between two and nvc O'Clock In the
fsernoon Exsortips money from the people strong
evi0encs 20 10 tho jury that bis object was private
Dl.ndci, ana not public war; aud that t laid on tho
kowp to show by direct evidence that he was connected
kNaib the renlans Al ten minutes pest Two.
, Tho iur, returned into coou With verdict Of
gniiiy
M r. a Harrison.--I move. my lord. the Judgment
~ tbc ,oun upon the prisoner
M Mckenzie moved the court s arrest of Judgment