The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-11-09
CANADA.
Fate OF the Fenlan Prls0nePs-Sen-
fence OF Lynch and Mcmahon TO be
COmmuted-ThFee Fenlans Re-
leased--Selzure OF RiHes-FenIan
Trials Progressing.

rOnLO 1SuHcT bIiiS tHOIllugs III u long
article on the fate Of the condemned
Fenians, says: The formal passing
Of the sentence of death is not re-
garded as a certain Indication of their
fate. Circumstances point toward
leniency. The necessity of shedding
blood is not very urgent, nor its utili-
ty clearly apparent. These circum-
stances will probably determine the
fate of the prisoners, but if it should
turn out that none Of them are exc
cuted the substituted punishment
will no doubt be exemplary. Let no
one run away with the idea that the
Fenian culprits will get free pardon,
or anything approaching 20 it. Pub
lie opinion win demand that punish
ment be certain and severe. Under
different circumstances they would
assuredly have been hanged. If it
were necessary to execute to deter
them from another raid, all appeals
for mercy would be vain. Il.
The Imperial Government will have
some suggestion to make on the sub
ject, and by that suggestion the repre-
sentation of the Crown will, with or
without further advice, shape his
course. ffrH III
There is an increasing tendency on
the part of the public to believe that
the full rigor Of the law will not be
executed on the prisoners sentenced
to death. Already the friends of the
prisoners are raising money in the
States, on the presumption that they
are going to be hanged, and If it be
probable that they will not be hanged,
the sooner this is understood the less
money they will be able to mise. We
can afford to be magnanimOus much
better than we can afford to make
them martyrs !; but our magnanimity
can not 60 beyond sparing their lives.
The Globe has received "a dispatch
from Montreal, saying it is understood
that the government at the ate Cabi-
net meeting, resolved to commute the
sentence of Lynch and Mcmahon. -.
Three men, named Bell, Hannigan
and Wells, confined in the old Jail
since June last, on charge of Fenian-
ism, were released from custAdy, the
Grand Jury having ignored tie bills
against them. MhlJ r
OTTAWA, 9. W., Nov. 8-Two
cases of rifles have been seizsd, ad-
dressed to an unknown person, and
detained by the authorities br in
structions from the Government
Hon. Jno. A. Mcdonald leaves on
Monday for New York, to join other
relegates sailing for England on
Wednesday. e. bg
TORONTO, Nov. 8.-The excitement
over the Fenian trials is diminishing.
Court opened this afternoon at the
usual hour. Patrick O'Neil was the
first prisoner placed in the dock.
Mr.. K. Mckenzie, before the prisoner
pleaded, moved that the indictment
be quashed, on the ground of mis-
joinder Of the Court, and that the of
Tense was committed in the county of
Willard, and therefore cannot be tried
in the county, of York, it being one,
of two counties united. Mr., X. A.
Harrison contended that his learned
friend had placed wrong yconstrue-
ton on the Interpretation clause, and
that as to the second ground, his
Lordship had overruled that objee-
ton by his decision in the application
OF the same nature made yesterday.
A lengthy legal argument here took
place between the counsel9 9aI
l would ask your Lordship to allow
me until to morrow to consider
which course / shall adopt in the case.
whether should either dernur or
allow the prisoner to plead over. "a
Thepriscner was then removed, and
Patrick Magrath. was placed in the
dock. Mr.. McNabe in a short address
opened the case for the Crown, in
which he stated that 1T could not be
proved that the prisoner, on the 1st Of
June, was seen with what is called a
Fenian, rife in his possession near
Fort Erie; and the account which he
gave of himself after arrest. After
the examination of few witnesses,
His Lordship, addressing the jury,
explained that the evidence showed
the prisoner to be a British subject,
and could not, therefore, be tried as
at present indicted, and, therefore, di-
rected the jury to return a verdict of
acquital. 20
Mr.. Mckenzie then submitted that
as British subjects could not be tried
twice for the same offense, he should
therefore be discharged
Mr. r. A Harrison-The crown has
further evidence, that the prisoner,
my lord, if he is tried again will not
be tried as an American citizen. The
Court at one o'clock adjourned till
10 o'clock tomorrow.
It is Mr.. McKenzie's intention, to
take the following objections to all
the indictments preferred against the
Fenian prisoners yet untried, contain
ing double Courts, and in the case of
the Queen Us. McGroth, he will advise
the prisoner to plead the plea Of Gutre-
Tois au quit - ashae