The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-26

.,a Inc .h,ae saw Tie prisoner at the bar at
Trenehrnan's ossek below to ERE on '"o nsne,l when
the prisoner had book ~ lis .o nv atteniinn was |
called 70 him BY Mason ba recox- "a moi
ins the sign the prisoner had no srmsat iess.
see any saw some d the oe,ssrs III o,mmsndi saw
,,.so,,. m crvIl,an's Clothes 0'Ne 70 Of mo
same enmpexon: he IS aboht the same neigns q the
rrsouer and walked about rho same az" no. ooserve
how ths prisoner aore hs bssrn. WIG "en 60" wink
was ths prtsoner; be WAS takin snHe-.
1yoas. examined by }. H. Cameron--O'Neii 70 mucn
younger canno. say that he - twenty years younger
o Tbs nest witness was Daniel whajen FenAn prs
ouer; remember seeing the prs,nor At the bar on the
Isl Of June little from the village of Fort Erie. on
Friaay the prisoner was walking around, and under
stood him to be reporter for tho Louisville Cbarir;
saw OF the officers who were In command at Fort
Erie none OF them, as Tar l saw rrsembled the
prisoner Al the bar; noticed that tho prisoner
IL no bad rs large beard on as he has now; would be
apt 10 notice II no did.
Gross examined BY j. n oamoron-I vas scduced TO
over with the Feniane Friday morning, and
Introduced 10 Mr.. Lynch, and told him how sitn-
ated he told me he had nothing 70 do with them, and
that he was only reporter for the Louisville Cbirer;
no told me TO stay there until night and then escape but
WINS unable to do so
seeing prisoner at the bar the LIST OF juno AZ Fort
Erie, outside OF the village; he doing nothing whom
MAJ n ps aeon, Ssn nr wna q asn
doing; saw some of the pihcers OF the Fcnan array
saw some officers there who resemlcd The prsonet no
xore sword; do not know his name; no had com,
mand there; I noticed the prisoner al tho uune Esaw
him 81 Fort Erie, nu he did not have 40 heavy an mpc
rial but largo msustach; .ko cfcer cav Subnt
scmbled him wore beard much the same aa Mr..
Lynch wears aov; was hko some OF The nthsia taken
psisoner-a peaceful American cittkon; met with an
accident Saturday, Rid eway came over with
another perEoR from Buffalo 10 Canada; only saw the
other namsd Lynch; there was no Colonel Lynch: Il
there was could hear OF L.; did not herr Of any whie
there
Thomas Henry Maxwell, prisoner WIS the noxt wit
nessas the pr at tho lower ferry on the LIST Of
Junn; ha had 40 arms hear he was reporter for
Inpi4 In nft
aont yeoect seeing amp Of them Tx. the prisoner; did
not take notice OF tho prisoners beard
light passage Of arms here took place between the
opposing counsel in regard TO some evidence by
tho witness which was stricken ous by the Judges
John Cnoney priscner-I saw the prisoner at the
bar the LIST Of June took tho prisoner from tho
Sonthern Hotel corner 70 the lower ferry u was then
nigh twelve O'Clock: took his yase or tho carriage
ard LEFT him board tho feiryboat noticed his ap-
pcaraacc AMI tina, he had just an imperial, and
grayar 10 his hair: he had q mustaoho and small inn
perla; did not With him; there quite
nambor of them over here.
Francis Elng a prisoner was the next called but not
having been brought from the Jail did not appear.
The mex, witness was Patrick O'MallaySaw The prs.
oner At the bar Exchange street. in Buaio, about
eight In tho morning; did not $40 him until wc met In
jail; was wa acquainted with Mr. Lynch in Louisville
KY AND met mn tacro 10 told me he was reporter;
] knew Mr. Lynch when he head clerk for Mr.
Boone III Louisville; would believe his word just
well a. bis oath; no never wore anything but
aoao and goa,eo for the Inst three yaars and other
kind of beard.
The nexs witness called was Hartln ccmick--saw
between eli 1T aud nine O'CLOCK In the morning; he was
standing tFore an had arms never saw any OF the
cros 5y Mr. Mar rt was besween eight
and nine o'clock IN the morning: did not speak TO him;
crowd OF people; did not tho Fsnans that
day; lett Buffalo abcr seven in the morning; crossed
near ibo upper ferry, and after walking down 70 the
shngle dock net the prisoner; never saw him before
Tho next witnsss called was John MITCHELL saw The
prisoner on the I'd " june did not SEQ him before he
Was arressea; NY him on the tusboet Robb be had
heavy mas,aehe know sbomas Riley; would not
believe ho his oath; no spoke 70 about the pris.
ones.
Cross e,aminel b J y. Caiocron-Never knew Riley
Denis Isnas4D DID not see the prisoner q. the
nichsi psshq J prisoner, was then called, bu. was
objected TO hy tao offence as not being one Of his nil,
nosscs
Peter Morrison swornI he prisoner at the bar ct
Fort Erie OF the "a or Jnas; only him there:
uss arrsstsd ne.vfa him, and dit not him until after
Michael cer4in rer.cd-Dia not see the prisoner a.
tbs Der on Che ist or "a Of June last.
Patrick kea'inS swofI remember seeing Stevens at
Fort Erie; he elS Intoxicated when him; spoke
10 him and riad him Who arrested him. aud he pointed
they sSl said they did by Colonel oNsa orders saw
ONeii ct Fort Erie; l might have seen some u Tho
Others, bur did not take notice.
Crossezamnea by Mr.. Martini saw Stevens, pris-
oner, while held by the Fsnians
,r Wells sworn the prisoner at tho bar whom
no was brought Into tho Toronto jail him the
moraiag; We both came from Brantford jail; SHAVED
him the rt lae NJ the jail ne had slight musiacLe
and az Imperial bui nothing else; we had no conversa
ton.
d-Did not tho prisoner at Brant-
fora
TO Mr. Hasin--l saw Mr. Lynch on tho tug Robb
wnen no was erTestei did not him again until at
Toronto
II. NJ. o'Bnen, Iynch's attorney know prisoner At
tho bar since boy hood IN Galway AID Dublin; knew
him nrst II county Gawsy; came TO America before
the prisoner; came 10 America some twenty-five years
ago the isl time met the prison In Galway, nj
ball a. my isihors house; saw tho prisoner before
left ireland; the prisoner then bed government situs-
ton.
Al hafpas, twelve ihe evidence for the defence was
concluded and he Judge having Informed the counsel
cf~oufnr g,rf I'm
jury, the coars took recess OF half an hour
supsrs1 corSsxr.
= nnson nsrrtes 20 one O'Clock Mr. Martin, the
counsel Tor Vie deGfrcc commenced to address The
jury as folows:--
May - please your Toriship and Gentlemen or the
Jury-I muc pleased with the elcaucss addresses
81 Tue learned gsnilencn who conducted the FOR
me Crown and, before go into tho behalf Of
ne prisoner avail q the opportunity TO acknowledge
Inc worry honorsh'a and courtsous way In which the
Crown has acted all through They did no, throw any
impsdnsn's p tie way or cause oscitemont because
ANA that y al IA. demsnd The duty Of you, gen.
nemeD Of 80 sy. Y n most onsrous one, and feel
sahe1 shi gna VII not permit any outside preiudces
70 have any eiact yoGr minds regards The pr,s-
or,r Al 10 esr Tia who a. rrssen, saads before
Sla.ie hail q nAa's aese Ia has Ne cr been ssear
20 have coln.nl any deed OF cruelty. Does RI lock
lie - or is his detnesuGr such wosi warrant tho
belief that ne - dayod Of hGmsny that he cauc over
10 ibis country WITH The intention mgraer'
based principle which is admired for its right as
vel - Ns equity Gus judges are independent Of tho
people, independent OF the prisoner Independent OF tho
Crown AMI lusntly proudest boast ia that oar
Judiciary a. OIL s1ts like C@ssrs wife, Ia above saspi
clon Tho life " the prisoner is Ia your hands A
solemn nico coufdcd 10 you and uro6s you oonsci
eniioOsy bciieve ha ths IL guilty OF having come
over with Scztiie intent and = design 70
a' sa "a Ssf'dE s, VII q is4 ssas
tho prlsonef. man may make q mistake aud per
halS SCI inldieolsy The prisoner docs deny nor
svot has denied, thai he in tho county OF vsand
IN June but ssys that hs with no hostile in.
tenton, hens - be stales-and par. OF the evidence
in Nv NJ
southern paper. The learned counsel thsn referred at
much Length 70 TIE statutes under which the NJ soner
WAS boing siod, for which Il had become necessary 70
p1a an act o. larAment a. ths commencement of On
session. Uader that statute Is len With You whether
inc prisoner 4 ~ b hung let live; for there Lies no
appeal Your decision - FINAL and ono VIII lch viii Do.
termine whether ths man, who has hurt The hair