The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-02
They Are 10 be Hanged on the 18th
Of Decenbc-.
rsntan 16ovementv in This 0ity
and Hlscwhere.
&c. 10. An.
THE FENIAKs In CANADA.
SPECIAL ElscaAms TO TINE HERALD.

A lhis WA me MT day OF term naturally great
deal Of interest manifested by the legal community
an regard 70 the decision which the Judges OF the
Queens BepCh and Common Pleas had arrived ut re-
sarding Mr. NcKonzes application for rule nisi call
,ng ON the At,orney General OF Upper Csnsda show
cause why nev trial should not be had and the
dios ses aside in the case Of the Fenians tried at
tho late Asst e. A large nunnber Of people were
pssssnt the prevailing opinion being that the
rsls world granted in tho Queens Bench; but public
opinion mistaken o. the Judgment adverse 10
Ne prfsoncu the judges not being willing allow
their decion 70 DO reversed by the Court OF Error and
Appeal. When the news became kncwn the bigct party
raised screann Of delight and exultea much in the
Dcpatsd Flea Of sesng few fellow beings hanged;
while tho liberal minded freely expressed the view
tAat public sentiment nigh: havo had something to do
with tho decision. In any The envIcd boast that
British law would sooner that hundred guilty men
nightbe acquitted than that oneinnocent might be
found outlay loses considerably present colorng
No fair nded who heard the trial Of the unfor-
sunate PR Bone sleven any other conclusion
n oQuitysthat be Is hanged such evidence new
0tme wiz BE- placed on Canadian annals-tbat of legal
murder.
The Jsdges teok their seats on the bench at twelve
o'clock and sherty before delivered the following
THE QUEEN va xxAHos
me Chief Justice after stating At length tho Law under
which me prisoner was tr1ed observed that tho indct
~ prisoner with having this country for the
purpose OF lcvying war against the Queen tho second
charged him with having, while in Canada joined him
ssf with divers idisposed foes for the purpose com
hitting an act OF WAR and the third with having CON-
nii.ed an act Of hostility The frs, objection aken
AAat there legal evidence 70 prove that the
prisoner was citizen Of the United States while there
was direct evidence 70 show that he British sub
ec and that the Crown had made the OF the
prisoner the only evidence they had that point His
trship then referred at length the authorities on
ahat point showing that natural subject may de-
Ssch person. BY carrying on trade In another country
nsd been held to be an alien and y dehared
- the cas- Of Lumvilio Philips tI.orms's
reports, 1919 BE had never heard Of any an.ho
my which would give the prisoner the right
y cay al have committed high treason and,
therefore, cannot be tried for feony and thought
sourse the prisoner had adopted they emanated from
hnssf and be- therefore, thought that the prisoners
vas American citizen Having disposed OF that obec-
Con- the same reasons he had already assigned would
4csem the second and third objections; and the fourth
nfh sixth and seventh objections resolve themselves
into this fact that II has been shown TIE prso-
Der came over here with any intent levy against
her Majesty and hts lordshp then read the evidence
given at the trial. showing prisoners connection with
She Fenians Now, 1t argued that the act proved
ed amount to the ievyng Of war; st the Court had
evidence that they came hero in military array and
appeared IN military uniform, and from the nature
Of the evidence he felt satisfied that the prisoners
ever 10 this country with the body Of Fenians with
knowledge Of their intention. Tho Court however,
could not refrain from stating that they regretted much
Trial to show what the word .Fenann meant II that
had been shown there could have doubt on the
point; but apart from this both he and his learned
6ro,hss after careful and deliberate had
come 70 the conclusion that the evidence sufficient
70 establish tho fact There was another ground set
forth by the learned counsel which that learned
Judge who tried the case was wrong in telling the jury
that the prisoner came over with the Fensns for the
purpose OF administering spiritual consolation 10 the
wounded no aiding and assisting in the act and
equally guilty. Although he would not have the
direction in the same language a. Mr. Justice Wilson,
4 in Lava he
last grounds on which the prisoner applied a new
MAJ were three afndsvits the first Of which made
~ the prisoner the ground Of SURPRISE the fasity OF
the testimony Of witness called Miiigan fac,
that he could prove that he in Bufao the time
that witness had that he had been at Fort
Erie In support Of thIs andavit has been made by
Mr. Vaughan. merchant Of Buffalo, who deposes thai
between the hours OF eight and nine O'Clock in Buffalo
anA bed conversation with him, when he stated that 1t
csns ana s w .oo aaa 70 no noe
prisoner lst oontaiung the Of number OF HIS
Eenian friends who were with the expedilon and tho
Opponents were willing TO come and testify that
eject whenever called on. On the whole he Was Of
counsel for granting rule 70 sho~ cause had failed and
that N IL had been granted would merely have
, sssn Wasting time and words to no purpose, IS
Afsr ths most careful consideration, he could ~
~ Other conclusion than TO refuse the rule.
Mr. Jusaice Haaarty thsn delivered iadgmen, IN ne
ssss Of the Qseen Lynch Having rsosptulstsd The
W
cured in the views which had been expressed BY The
Chief Justice, and, having devoted much 10 the
study o. All the different points involved and the obec
Mons raised, he had come 70 the decision that sum
en, eonnds had been made out 70 warrant the Court
granting rule ~isi
rHy cAsp or SCHOOL
NJ Justice Morrison delivered judgment 10 the
Che Queen School Having disposed OF the obcc.
scns - sr'aim he stated that he perfectly concurred
with the learned chief Justice and Mr. Justice Iagary
IN me course they had pursued and added that he had
10 ooaos Respect 70 TIE Law ON the subject and must
Mr. Mckenzie then moved for leave appeal 10 abe
The Chef Justice said IN. Court had sn,cips,ed such
motion. Having refused the rule they did not con.
sder that they would be warranted in granting sy
Chef Justice Richards delivered iudsmsn, in the
Court Of Common Pleas, in the OF the Queen VI.
sroaass - soss Srssd w ii, 'I ssrus 90 the same
Queens Bench
THO Canadians Excited and Asucipa,,nx {.
Fenisn Rad Over The Vermont border The
Annsxatiss slnesties. Asc.
MONTREAL, Dec. 1, issa
Great fears are entertained by the people OF Canada
Vast the FeuAsus will make raid sweessbarx
from the Vermont frontier aud release the prisoners
rhe Canadian press utterly de1ounoe the sossrnmsng
Tor allowing the trials TO take place OF swce,sburg.
claiming they could he tried Montreal well
those captured Fort Erie could be removed ~ Toronto
and tried there
There s a strong fseilng arising throuasos, Loser
anada IN favor OF ANNEXATION but ~ those in authority
do no favor the ovemen II kept secret pcsfibe
The Trends Of the movement quietly working them
seyes 70 extend their influence In favor OF t. great
many Canadians who did approve OF 10 sin months
$50 now they Mould prser annexation 20 corts1or
me compsny % volunteer rife. from Perth, Which
nave formed The garrison Of Fort Wellington for tho sst
sew non'ns are under orders 10 leave fof home ~ 10
snousns nsy v he reiAeved by local vour.eer tNs1.
p@nJ or cstaehrnsnt Of regulars
Qusssc, Dec J, 1850
rher" are runnors ~ me s.eembllns Of Fenans st
aghsas with the avowsd ohecs q rcscuIps Che prison
- on trial % Bedford The government has ne eye 1
pon aha locality aud any attempt 81 the knd will 10
mrosrly deal, with
Ministers Longevin and Ucnoagau. WIN war. chos.u
'snadtan dsegafes on The Confederation scheme hs-e
we'd IN Enetsnd
spo, emcnfs ~ the Canadian vsisn,ssr.-