The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-15

LohSoNTo, Nov. 14.-The Court re-
Snmed its sittihgs this morning, Hon.
SSs.iee John Wilson, presiding. The
panel, bis Lordship directed the iris
oner, Daniel Whelor, in whose case Mr.
Mckenzie challenged the array of In
rors, yesterday, to be brought in.
Mr.. McKenZie-T would ash vour
LOrdship to allow me a few minutes
private consultation with the prisoner
before the jury are sworn.
His Lordship-Well,l let it be very
short one. All day yesterday was
wasted through your objections.
Mr.. Mckenzie regret to hear your
LordShtp express yourself so. 1 have
always given you credit for sincerity
and thought you would also give me
hesame. Although you may view these
objections trivial, with all due respect
to your opinion, / am convinced in law
that the challenged was well founded.
Mr.. Mckenzie, after having consult
ed with his client, read and put in an
affidavit made by the prisoner, setting
forth at length the objection made to
the challenge yesterday, in which he
moved his Iordship to quash the panel,
and in the event of refusing this, to
quash the jury list, or to grant him a
per Canada, to show why this course
should not be pursued. or else to put
off the trial.
Hon. j. II. Cameron, on the part OF
the Crown, stated that there was no
fact alleged in the affidavit which
would warrant such a course.
His Lordship-I decline the applica-
ton.
Mr.. Mckenzie then claimed as the
prisoner was an alien, that he should
be tried by u jury decolnutdL li1lgWR.
Hon: J. H. Cameron objected on the
ground that the prisoner had already
pleaded to the indictment.
His Lordship-I think the prisoner
should not be excluded from that right.
Let a precept be drawn up and handed
to the Sheriff to summon as jury six
citizens of the United States.
Mr.. McKenZie-As this may take
some time, in order to avoid unneces-
sary delay after consultation with my
learned friend, I have agreed to waive
my right. Mr.. Mckenzie stated that
he required the prisoners, Col. Lynch
and O'Neil, as witnesses for the defence,
His Lordship decided them to be sent
for.
Mr.. McNab opened the case for the
Crown in short address and called
John Metcalf who was sworn. The
said prisoner made the following state
ment at Port Colborne. He said he
was an American, born in jackson
county, in the State of New York; that
he lived a portion of his time in Cana
da: that he left for Cleveland 3 years
ago and left there for Buffalo on the Both
of May TO go to Ireland to liberate her;
that he came over with several others
to Fort Erie in canal boats and was
wounded at Lime Ridge. He said they
retreated at Lime Ridge because the
officer in command had given wrong
orders. He said there was 1000 men
ak 4
OF Col. O'Neil, and he stated that the
Fenians were obliged to retire in conse-
quence of the heavy fire of our troops.
Robert BlOsS Lynch sworn.-Am
prisoner In Jail under sentence OF
death; my home Is in Louisville, KY;
was employed formerly in tho army,
but lRtterly in commercial house as
book-keeper; while in the army wrote
several letters for newspapers, but was
not specially employed; was in Canada
in the beginning of June; departed for
Louisville; was to report to Mr.. James
McDermOtt ut Louisville; he held the
position of Assistant Adjutant General
to the Fenian Brotherhood for the State
of Kentucky: he was to revise letters
and have them published; did not come
over in military capacity; 1 saw the
prisoner in June last when he said he
wanted to get back to America, do not
know whether the prisoner is n Fenian
or not.
Several affidaVits as to character were
then put in.
Mr.. Mckenzie briefly addressed the
that he was won over here when under
the influence of drink; consequently
he was not responsible for acts.
His Lordship having charged the
jury, they retired at twenty minutes to
two. AT five minutes to to two O'Clock
the jury returned with verdict OF
guilty.
Hon. ]. Il. Cameron then moved that
sentence be passed.
Mr.. Mckenzie moved an arrest of
Judgment on the same grounds as in
the case of the Queen VS.. Hayden.
His Lordship then addressed the pris-
oner, who having nothing to say. why
sentence should not be passed, ordered
that he be hanged on the 18th of Decem-
Der: The prisoner received the sentence
without manifestfng the slightest emo
ton, and smiled with evident indiffer-
ence Mt the proceedings.
The trial of John Quinn was then
proceeded with.
John Quinn, late of Rochester, and
formerly of the Southern army was
then placed in the dock. His counsel
put In an affidavit from the prisoner,
asking that the trial be postponed, in
order to obtain the evidence of impor-
tant witnesses. His Lordship ruled
that the affidavit was not sufficient to
postpone. Several witnesses were then
examined, when the jury after short
consultation, returned with verdict OF
guilty. He was then sentenced to be
hanged on the 18th of December.
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BosToN. Nov. 14.-The Grand Inter-
national division of the brotherhood of
Locomotive Engineers, commenced
their annual session in this city
to-day. MIR. Charles Wilson, Of
Rochester, presides. The associa-
ton was organized in Detroit, in '63, and
has for its object the Improvement Of
the condition of the locomotive engi.
neers, and urge upon railroad officers