Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-11-12

blulB 10 DclU uTOuuu MS WhlsJ' LlS was
riding roam horse, which / afterwards
learned belonged to the Niagara Str ct
Railroad Company Of Buffalo. The prison.
or spoke TO Cromer Pricely and told him TO
give him the rest of that money. Pricely
pulled out his pocket-book and said, nave
very little money; gave you nearly all
had before. Prisoner said: Oh, no; you
have lots of money. Pricely then gave him
some S5 cents In silver, and asked him If he
would not keep the boys away, when he
said he would do so. as he now had some
thing TO treat them with. lheard he made
a similar demand on other persons.
Cross examined-Some of the men whom
/ supposed to be Fenians had green and
other American uniforms, but nost OF them
had on civilian clothes. 1880" 7H
A. 5. Graham swOrn-I live about three
miles from Fort Erie, little northwest on
the Anderson road. | saw the prisoner on
Friday, the lst of June. About five O'Clock
| saw a person near PTiCely whom | sup
posed was the prisoner. Twas going home,
and he rode past me furiously. ] saw him
afterward at shoemaker's shop in front Of
my house; he was armed with rifle and
fixed bayOnet, such as the Fenians. He
asked what was, and l replied | was an
Enlishman. He said they had come over
and taken the country, and the hated Saxon
rule was extinct Prisoner smiled and
glanced at the jury.l He asked me for a
quarter of dollar. told him that quar-
ters were very scarce. He said get IL, IN
commanding way, as he wanted something
to drink. went aud got it and gave II 10
him. He tn N gave it to little girl. He
appeared to be under the influence OF drink.
He was not dressed as he is now; he had
a sash of green veil around his neck.
Cross examined by Mr.. McKenzie-He
demanded the quarter after he said the
Saxon rule was extinct
William Miller-I live five miles from
Fort Erie. i was at Mr.. Pricely's farm on
the lst of June last, and saw the prisoner
there four times on that day. He made up
to the gate and called me out to get some
thing to eat. lie was armed with a rifle
and bayonet. got him what he required
and he went away. About an hour after
wards saw him again. He was still on
horseback. Got of his horse and said to
Mr.. Pricely, Give me two dollars; | want
to 20 and treat myself. MIR. Pricely gave
| him money, but not two dollars. He had
some conversation with him in which the
| prisoner said they had come over to take
| Canada, and were going TO free Ireland.
He returned again in about an hour, and
wanted the rest of the money. There was
a good many Fenian stragglers about at tlt
time. They got some bread and meat
which the prisoner said was satisfactory.
Mr.. McKenzie-I have not the least doubt
of it. Daughter.
Cross examined by Mr.. Fleming-Al.
though he appeared under the influence oi
liXuOr he could set on his horse very well
His talk was not wild or eXtravagant. H'
appeared to have all his senses. .-... II
Mr.. HarrsOu-That is the case, my Lord
Mr.. Kenzie read and put in several ailida
Wits as to prisoners previous good charac
ter.
Mr.. Mckenzie then proceeded to addres
the jury for the defence, and in openin,
his remarks, complained that he had beef
forced into the trial by the consel before h
was ready to proceed, in as much as he ha,
no witnesses in attendance. Mr.. McKenzi
then continued to argue that although tn
evidence was certainly of strong charac
ter againstthe prisaner and possibly Nigh
be construed by the jury as eXceedingl,
preiudicial, still there was nothing TO shoy
that he came over here tor the purpose q
levying war against Her Majesty. Ii
certainly did come here and acted in a
exceedingly wrong manner in plunderin
any British subjects. He admitted that h
did so whilst under the influence of drinl
scarcely knowing what he did at the TIM
Mr.. Mckenzie concluded his speech b
stating that he did not offer any palliatio
for the prisoners conduct; he thought
) very Outrageous, and if acquitted of tn
l charge, the Crown would, no doubt. tr
g him for obtaining money through inCim
g datiOn, which it wits plain that he ha
done; but he submitted that, taking int
! consideration his youth, and that no evi
l dence had been shown of his intent to lev
!. war on the Qneen; or that he ever entere
! Upger Canada that they should not fin
him guilty on the preient Indictment, thu
giving the Crown ansOpportunity of pro,
ecuting him for the offense, if he committe
I any, of which he really was guilty.
His Lordship lhen charged the jury, eS
9 planning to them the law unner which I'll
2 prisoner was tried. H'('"." O..
A Mr.. McKenzie-I propose to take I'll
3 same exceptions to your Lordship's charg
as | did in Paris case, with these furthe
. objections 1st, That your LOrdship shoul
not have told the jury that the proof lai
, on the prisoner to show his business in Car
ada on this occasion; 81, That your Lore
ship should not have expressed yourse
can there be any doubt that heprisont
D was at Lime Ridge or Fort Erie? &? Sd, Thf
your Lordship should have directed th
jury that the prisoner was riding on, horse
back between two and five o'clock in th
afternoon. EXtorting money from tn
people was srong evidence to 90 to tn
: jury that his object was private plumdt
r and not public war, and it laid on the Crow
tc show by direct evidence that he was col
r nected with the Fenians.
;. AT ten minutes past two o'clock the jur
t returned into court with verdict OF guilt,
e Mf. Harrison-I move, my Lord, Il
!: Judgment of the court be passed upon IL
prisoner.
Mr.. Mckenzie moved the court an arrel
e of judgmeut on the ground that the often:
q charged was committed in the county {
4 Weland, and could not, under the statuu
i be tried in York, being one of two cour
S ties. His Lordship overruled the argu
4 ment. ......... ..
5 His Lordship-Prisoner, have you any
e thing to say why sentence should not
passed upon you?
a Prisoner-I have only to say that ii
three witnesses who have sworn again
r me that obtained the money from the
by threats is false anu they have perjure
II themselves. Isimply asked the money
Il a friendly way. .s..
r The usual proclamation having bee
made previous to sentence being passe
y his LOrdship sentenced the prisoner to
a hung on the 18th of next month.
+ FROM MEXICO. ''''