The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-11-05

/ He told me the Feuians had one
hundred thousand men In Canada. /
told him / would give him friendly
advice to clear out Of this Provincs as
soon As he could. He said he was doing
NO harm, and only came over TO report
matters.
4 Joseph Newbiggins, sworn-Am son
\ of the last witness, saw him At camp,
reading after dinner. was talking TO
General O-Neil, when prisoner stepped
up. and said, Come and I'll make IL
ali right flor you. The Fenians took
4 from us fourteen sheep, which they
killed; had some cattle but returned
them. then went with the prisoner
to our own house. While on the way
a Fenian sentry presented bayenef
and refused TO allow rs 80 pass Mr..
Lumsden said, Il am Chaplain, and
we were allowed TO go on.
/ Cross-examined-All he said 10 the
sentry was i am Chaplain.
| Thomas Newbiggins-Am a brother
to last witness sworn Similar evidence
10 last witness.
Thomas Mollisworth, sworn-Heard
the prisoner say he was reporter for
the New York Herald.
DR.. kimpson, svorn-Am resident OF
/ Fort Erie saw him Saturday before
night; afterwards brought before me
ordered him arrested.
Col. Dennis, sworn-Saw prisoner
when brought on board the tug RObb
as Fenian prisoner He told me he
was not a Fenian, but a clergyman;
hearing that there was fighting he came
over to administer comfort 10 the
wounded and dying. / expressed some
surprise at his answer, stating that
did not see what he or any English
clergyman would do among such
ruffians if they professed any religion
more than Roman Catholic. He re
piled that in such cases he approached
them as Roman Catholic priest.
Cross-eNamined-Fro the appear
ance of the prisoner he was under the
/ impression that he was suffering from
the effects of a desperate spree.
FOR THE DEFENSE.
Mr.. NC. Cameron called DIR. Fuller,
of Syracuse, who stated that he was .
medical practitioner; had known the
prisoner since May, 1865. The prisoner
was rector of Trinity Church consider
ed his character decidedly anti-Fenian
prisoners character was good in other
respects. only he drank q little too
much whisky.
Mr. III. Cameron.-I object TO any
evidence being given or The prisoners
sentiment.
His Lordship.-Decidedly so.
Rev. DIR. Cox.-Am Bishop of the
Episcopal Church of New York know
the prisoner; am under the impression
that he went to Buffalo in answer TO
verbal citation of mine i regret 10
saw he had rendered himself subject to
dismissal from church by reason of in
temperance. On the 4th of May saw
the prisoner in Buffalo; gave the prison
er a letter from Bishop Potter, and adj
vised him 10 sign his resignation, rs his
connection with the Church would no
longer continue. !
Rev. Mr.. Grunharn.-I am rector of
Fort Erie. On Tuesday evening preced-
ing the Fenian raid i met the prisoner.
He told me he thought of applying for
a mission TO Canada. ! next met him
on Wednesday morning, but he had so
dissipated an appearance turned away. .
On the morning of the 18th l again saw
him: he was talking 70 some villagers,
whom he was advising 10 take up arms
against the Fenians; said his Scotch
blood could not stand il.
A. p. Cook. of Brooklyn, was next
swo-n.-Saw the prisoner in Buffalo. IN
the evening. and at II o'clock at night, 4
on the 3lst Of May. From his curious
action, / would not have judged him TO
be a Fenian.
Mr.. Whitney. proprietor of the Man. 4
sion House, called-Proyed prisoner ar
rived 1T his place on the 3lst Of May, .
and entered his name on the register. I
Next morning he left early without
paving his bill.
Rev. Mr.. Hill-Am acquainted with
the handwriting of Mr.. Lumsden. !
Cooked at hotel register named.) That
is his handwriting. Prisoner has a
wife and four children, the Oldest fifteen, |
the youngest an infant.
DIR. Trowbridge sworn-Reside in
Buffalo. New York State. Was at Fort (,
Erie on the 30th: went there fora pleas I.
ure excursion; also went Friday. Was
never in Fenian Congress; never met
prisoner. but heard him spoken of.
Went there 70 assist the wounded of
both sides. After the skirmish at Fort /.
Erie, saw a middle aged man on horse |
back. who, was told was Gen. I
0'Neil.
R.A. Harrison-Never mind what he
told you.
NC. Cameron-I wish 10 show your
lordship that this was the witness who
was taken By mistake prisoner by Gen.
O'Neil, who ordered him on as British
subject.
His Lordship-If You want TO prove
that it is BY Gen. O'Neil you should do
so. Mr.. Cameron-Yes, my Lord, but
unfortunately Gen. O'Neil is not here.
Mr.. Blake sworr-Am American Con-
snl at Fort Erie: think saw prisoner
there 2nd of June: he was leaving the
ferry boat. He said: Mr.. Consul, yon
are safe now, as the troops have come"
Gen. Schofield sworn-Was at Fort
Erie on the 2nd of June; saw prisoner
there.
Evidence for defense closes.
NC. Cameron then addressed the
Jury in a long and able speech for the
defense, contending that the case for the
crown was complete fall
ure. So far from being Fenian his in
PREVENTION between Newbiggins and
O-Neil was an act of kindness TO Cana
dams.
The counsel reviewed the evidence at
length. and said his intention was TO
submit that all indictments againt the
Fenians must fail, inasmuch as an impe-
rial act had been passed since the pass
ing of the statute under which the in
dictment was found, which should have
adjourned the proceedings. The coun-
sci concluded by touching appeal TO
the jury TO consider the innocent wife
and children of the prisoner.
Hon. J. H. Cameron replied, contend
ing that the crown had established the
case. If the jury were satisfied the
prisoner was aiding, asserting to or
counseling Fenians as a religious adj
wiser or otherwise, he was equally
guilty As if caught in the act of hos
tility, &c, concluded by stating that if
the jury had reasonable doubt to give
the prisoner the benefit. The judge
then charged the Jury, concluding at