Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-11-12
THE FENlAN PRISONERS.
Trial and Conviction Of VIM. Hayden

TORONTO, Nov. Ie.-The court met at 10
o'clock, and the Fenian trials Were resumed.
The case OF the queen VS.. VIM. Hayden was
taken up. The prisoner is about twenty years
OF age. Mr.. Mckenzie moved to quash the
Indictment, and the prisoner, by direction of
his counsel, plead not guilty. The jury were
then sworn. A number of witnesses for the
prosecution were examined, and testified TO
having seen the prisoner cross into Canada in
a canal boat accompanied by several hundred
others, and that they also saw him after wards
at Fort Erie, mounted on a roam horse and
armed with rife. They further testified that
the prisoner demanded money OF them aud
said that the Saxon rule was extinc and that
he had come 10 take Canada.
Mr.. Mckenzie read several afddayits as 10
the prisoners good character, and then pro-
ceeded TO address the jury for the defence.
he complained that he had been forced into
the trial by the Grown before he was ready to
proceed, inasmuch as he had no witnesses
present. He continued to argue that although
the evidence was OF strong character against
the prisoner, and possibly might be construed
by the jury as exceedingly prejudicial still
there was nothing 10 show that he came over
here for the purpose of levying war against
her Majesty. He certainly did come here, and
'.cted in an exceedingly wrong manner in
piunderlng any British subjects He concluded
his speech by saying he offered no pallia:ion
for the prisoners conduct, as he thought il was
outrageous, and II acquitted on this charge the
Crown would no doubt try him for obtaining
money through intimidation, but he submitted
that, taking into consideration his youth, ana
that no evidence had been shown OF his intent
to levy war on the z ueen, or that he ever en-.
tered Upper Canada, that they should not find
him guilty on the present Indictment thus
giving the Crown an opportunity of prosecu-
ting him for the offence, II he had committed
any, OF which he was really guilty.
His lordship then charged the Jury, explain
ing TO them the law under which the prisoner
was tried.
Mr.. Mckenzie took the same exceptions TO
the charge of his lordship as he did in Parrys
case, with these further objections: lst That
your lordship should not have told the jury
that the PROOF laid on the prisoner 10 show his
business in Canada on the occasion. I'd That
your lordship should not have expressed
yourself as follows: Can there be any doubt
that the prisoner was at Lima, Ridgway, or
have directed the jury that the prisoner riding
on horseback between two and five O'Clock in
the afternoon, extortIng money from the peo-
pie, was strong evidence to 60 to the jury; that
his object was private plunder and not pub
lie war, and that il laid on the Grown to show
by direct evidence that De was connected with
the Fenians. At ten minutes past two O'Clock
,he lnry brought In a verdict Of guilty" HIS
lordshlp asked the prisoner II he had anything
10 say why sentence should not be passed upon
him, He replied as follows: al have only to
say that the testimony OF the three witnesses
who swore against me that 1 obtained the
money from them by threats is false, aud they
have perjured themselves. 1 simply asked
money in friendly way" The usual procla-
nation having been made previous to the sem
tence being passed, hts lordship sentenced the
prisoner to be hung on the 18th OF next month.
Toronto, Nov. l0-Mr. b. Deylin, an emf.
nent lawyer OF Montreal, who was retained as
counsel for the Feniaps being tried.here, has
been refused by Judge W ils6n the privilege of
acting In court. on the ground that he was not
a member Of the Upper Canada bar. The
Judge expressed regret, but there was no al
tentative. Mr.. Devlin has been watching the
nials going on, and will return TO Montreal TO
defend The Feuians there early in December.
ey'A Yankee has arrived In Paris. who has
made half million dollars in the man ufac-
ture of paper collars.
|The Richmond Examiner estimates the
tobacco crop III Virginia at two-thrds of the
crop of lse0. The general quality is excel
lent eae.e