The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-06
THE ENIAN S.
SPECIAL TELEGRAM 10 IHE NEW YORK HERALD

or Ysuu4 Parry Discovery Of a Fenian Plot
to Murder the Officers Of the Toronto Court
TIE Lawyers Warned by Anonymous
Iettar-ApplcRtion for n New Trial for
Lynch and Mediation 10 be Argued During
ihe Weck-Discontent Among the Catholics
At the Aranittal Of Lum~den, &c.
TORONTO, Nov. 8, 1859
The court opened at halrpast eleven, and at twelve
O'Clock his lordshp Chief Justice Wilson took his seat
the bench. Mr. J. H. Cameron Queens Counsel, Mr..
X Harrison, Queens Counsel, and McNabb ap-
pcared for the crown. Kenneth Mckenzie, Queens
Council appeared for the American citizens Important
witnesses in the OF Drummond and Dwyer beng
abscnt. bis Lordshp determined proceed with tho
sateof Benjamin Parry, who was accordingly brought
Parry Is boy Of not more than fourteen fifteen
yenrs OF age. He 10 Of light complexion, With blue
eyes and neatly dressed in suit Of olus He was
ton on being placed in the dock jury having been
sworn hcNabb the County Attorney. Ataied that the
fered against the other prisoner and explained the
counts in the indictment He then called the Witnesses
j. Metcalf sworn-Testned TO being present at the
battle of Ridgeway. and that the Queens Own were at
tackled bv the Fenians the prisoner al the bar made
voluntary statement 10 me when he In Jail;
toned him first no said he from Buffalo and had
with tho Fonans from there tho LIST Of
June that there about five six hundred OF them
with him; that he left them Saturday morning. and
arrested about nine O'Clock, and that he had
arms
| Gross examined by Mr. McKenzie-He said ne was
fifteen years Of and had arms; he did not
tell me that he not Eenian.
Lieutenant Sch0hcd sworn-I was at Fort Erie on the
I'd Of June along with the Weand battery between three
and four O'Clock the afternoon attacked by the
my him nine and ten O'Clock that
morning about FIVE miles below Fort Erie; he told me
1 come from Cincinnati and with the Fenians
on Friday morning; he had no arms with him.
Crosse xamined--I think he said he came from Gin
| cipnati With the Fenians; 1 did no, caution him
Mr. McKenzie-Then submit, my lord, that this en-
| tire evidence should be struck out.
His Lortshp-I do not think " Ia necessary.
Witness-f We had cautioned every prisoner we took
| that day We would have a nice state Of affairs now
| Examination continued-When arrested him he ap
peared good deal excited and frightened thought
when raw the prisoner that he OF tho party
1 Reuben M0sier-I am one OF the Welland battery;
the prisoner the I'd Of June four miles below
Fort Erie; he told that he Came with the Fenians
from CINCINNATI he SAID he was coaxed 70 come with
uBcle who sailing these lakes, and the Fenians
promised 10 pay bis fare through; be thought ght
be q very good chance to come he might his
uncle asked him where the main body Of the Fenians
He replied tney we're abouts miles or and
with tnem;" he said he was In the bushes when OF
the fenans gave him his gun and told HIM TO hold IL
the then Oh, aud he threw down the gun and
followed him: the hiring had Just then commenced
cross-examineaHe told me he had no business here
but wanted 10 see his uncle; at Fort Erie the
"a Of June ! was along with ono division Of the
| battery that day, about three miles below Fort
Ere, when ! sAw the prisoner, had noticed hin,
schoncd; toid hrn stop; he did and told no
wanted 20 Bofao; ne said he from Cincinnsfi
! -aid "yoa belong 70 the Fenians." "Hs answered,
"Eo, now, lett Them thir morning. He walked boldly
past pckess, and did appear ~ hiding any
| way trying TO shelter himssif from our view.
This closed the for the crown. Mr. Mckenzie
then submitted several points Of Law in tbs csse, an
called Mary Mrrer tns msesr % the accused, thu
arst witness for the defence On being sworn, she tes
The prisoner Is my by my first husband; his
father Welsh by birth and am i my win be
fifteen tbs year he was born In Cincinnati; he Vas
commencing 70 learn hs trnde tinsmth In that city,
he was 1000 boy and was not IN the habi.
~ gung OF nivlt for two weeks before
| leaving Cincinnati h had work; bis employ
l en were taking stock, m work Was dun
At ta time; he wanted u 20 10 st LOUIS, hut did not
iet him; he then ald be would go 10 New York. and
he oonid get work be would return in weeks;
he does belong 10 any society, does no know
the Of firearms, were any ever in tho house;
never heard complaint Of any description against him,
and never knew Of his being arrested until heard he
The witness a respectable looking woman, aud
appeared much affected white IN the box. The Crown
declined famine her Mr.. Mckenzie then read
and rendered the affidavit o. Owen F. Moore, Of Cncn
naiA tesyiug In terms 10 the boy sobrefy and
honesty. This affidavit was admitted by the Grown.
Nj Mckenzie, Queens counsel, then addressed the
jury behalf Of the prisoner in which no reminded
| In the dock, the Ito Of whom depended on
Their vcrdici, WAS but ~ the bloom OF youth. on the
| verge Of manhood, and hitherto had borne an
nsny which could b. placed IN the hands of
that which but God had power to order the DIS
posa OF human lfe, and they should well weigh the
evidence which they bad heard, and carefully mature
before they should pronounce the words which consign
him n felons Heath him The boson OF his
alctsd mother and relatives Bs oontended that the
Grown had evidence support any the counts In
the adicsmeui aud solely depcnded on The prisoners
own admission for hts conviction and what did thai nd
misson anuunt to- plain statement OF fasts no con-
Trajectory sioes ike oo The other prisoners Ind told
but always tho inn0ceDt truthful Account whIrh
was eked out Of hun the slightest caution being
gwen him 20 rhethsr might at preiudlcia 10 MIN
hereafter " b truc he might have acted focl-hy iiks
others He may have come over attracted by the crowd
e. SOC what was song o. but b c.se youth acted Tool
4 silly reason that his NE should
| be- forfeited He ,h-p reviewed tho evidence
A. lengh cDnrnsn.a 90 ,na various points favorable 90
his client and wound up isis address In AN eloquent
p-rofnion ~hlch be besought the iury 70 take the
tim. he had been In I'LL into consideration, 10 give hia
tina tcDeGt ~ doGh they had any In their minis,
and spsro the lie 81 Young nan who had mover 10
Gurcd the hair 81 n frngr prrSon in canada
i Hon. " A Harr-oh, ioryihe though moderately
| timed address, replied on lchsf u the crown.
Hts lofdkhip tncn charged the Jury AZ considerable
lcnzlh he lad down lsw of TIE cass, and coin.
m"nted On tho evidence both SIDES he concluded
his charge By telling that ~ they were n satisfied
Of ns prisoners guilt " give bin he benent 81 the
doubt AMI soqnl hlIn
the Jury re,fcJ and returning in an hour rendered
verdict 81 fuity HIS hardship tnen dschArEed Tho
prtssmer In tue following drts--Benisiain Parry
The Jury In this ca-e have acquitted you nom this charge
and you should dveps se the narrow escape you have
had irom nyirtnn bou SAID 10 he boy q rood
chararter and y sees you ought " have kbown
letter tan ysld % tie solicitations VI the lad company
4 yon eot into Yor are nov liberty 80 home With
,our mother aud lare his will % lcsson for you
during NE ~ avoid had company future. The court
then adjourned until ,srrnofr,w ~ ten O'Clock
4 An application Tor trial for Colonial Lynch and
l Rev Jpnn hcAsion y 20 b. srsred tbis week.
M Harrison, the preventing lawyer Tor tho crown IN
,san - 80. ,ns,a ,sd 49,, ~
coucerned N tho fenan tflas Consideratin religious
anmosity y shown regsrdn1 the pr@ceedug4 Tho fact
thri Rev Mr. Lumsdrn Protestant, - acquitted while
Rev Mr. Achahon. Cssholic 10 cont icIsc, u ssp.-
rsaliy tonmrutef upon.
/ EeaIaa Raid kc,,r,r.,~x =, V.,, v.t.