New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-09


SENTENCES OF LYNCH AND MMAHoN.
By rELEeRAPH -.
TORONTO, c. W. Nov. s.-Tbe Fenian trials were re.
sumed to-day Justice Wilson presiding. The Hon. j. II.
Cameron Q. c.; Mr.. K. A. Harrison and Mr. j. McNab
appeared for the Crown X. Mckenzie, Q. c., pres.
on behalf of the United States Government T. Elem.
ing and F. Fenton defended the prisoners.
Patrick ONeil the first prisoner placed in the dock
He appears about so years of age Mr.. Mckenzie before
the prisoner pleaded, moved that the indictment be
quashed the ground of moDder of Court and that ths
oensc WAS committed In the County OF Weland, and,
therefore, cannot be tried in the County Of York.
Mr. r. A. Harrison contended that wrong construe,
ton had been placed the Interpretation clause and
that as to the second ground his LoIdshp had oyeruet
that objection by his decision application II the same
naure thst was made Yesterday evening; a long avg
the Judge 10 allow him until tomorrow consider what
course would be expedent for him to adopt whether BIZ
should enter demurrer. allow the prisoner 70 plead
over. The Hon. j. H. Cameron said il WIS better TO be
careful how you demur In the Of Queen ag SVitze,
which Is reported in which be defended the prisoner
was held BY the learned Judges that unless the demurrer
had been successful the sentence would have had to DO
carried out. After few remarks from his Lordshp tho
| prisoner was removed from Court.
Patrick Magrath was then placed in the dock. Tbs
prisoners counsel challenged six jurors. Mr. McNab
opened the case for the Crown. lie said it could be
proved that tic prisoner the LIST Of june with
what is known Fenan Rifle, in bis possession,
Fort Eric. The account which he gave Of himself after
arrest tallies with this He then called Dennis Sullivan,
| who upon being sworn said:
Am soldier in her AIaesys Canadian Rifles and wns
outpost duty ct Fort Erie on the LIST Of Jrue last On that cay
a and told the Fenans going to Land and
they did land about mile from Fort Erie ILee were about
six Of them al srmed saw The prisoner win them ne vas
and he detailed stand guard OYER me after they
Crossanaminc-I was taken prisoner about O'Clock
not frightened az all took everything saw very cooly
prisoner day the ferry dock with some Others
be replied 1t can't be helped a from tie Goth Rites
named Henry Fa told ha! be thought The prisoner hsd
prisoner IN Jail did not at him do swear some
times said the governor Of the jail Damn the Fenians
they ought to be hanged"
Laughter
John Metcae swon-I the prisoner in iai and gsye
him tho usual caution he said he british subject native
Of Galway. and Roman Catholics that he resided at Iook
yn Ncw.York; that crossed Fort Erie Friday
he arrested and Jet go and again arrested on sunday
by soldiers that he was ut the Fenn camp when ne saw
Col 0Ne and that he stopped in stable al cider house.
Mr.. r. A. Harrson-This is all the evidence, my Lord,
that the Crown intends 20 produce The prisoner VIII
have TO be acquitted on this Indictment; but would ask
have him detained in custody as there Is something
moro against him.
His Lordshp in addressing the jury explained that ibe
evidence showed the prisoner TO be British subject and
he could not therefore be tried at present indicted He
therefore directed the Jury return verdict of acqutta
Mr.. Mckenzie then submitted that q British subject
could not be tried twice for the ofense and mnn-
tanned that the prisoner should therefore be discharged
Mr.. r. A. Harrison-The Crown has further evidences
Of the prisoner. My lord he is tried again will he not
be tried a American ctzeni
The Court at o'clock adjourned till 10 o'clock to-mor-
Its Mr.. McKenzes intention to take the following OBJ
jectons to all indictments preferred against the teniaa
prisoners yet unted containing double counts and IN The
case Of the Queen agt MaTath he will advise the
prisoner 10 plead a plea Of dHterois 0cqut; first, on
the ground Of msonde Of counts that he is charged
as an American citizen Second that be is charged as
British subject and that he is charged with what amounts
TO high TREASON Third can be citizen of for
eign state and British subject ct the same tme There
be distinct oenses charged in the same indet-
ment Fourth that II appears on the face OF the lndct-
ment that the oenses charged therein against prisoner
were committed in the County of Weland, and the IN
dctmen therefore, could not DO legally preferred against
him II is generally reported that the Canadian Govern,
ment the late Cabinet meeting resolved 10 commute the
sentences of Lynch and MeMahon. Three men named
Bell Flanagan, and Wells confined in the Old Jail since
June last charge OF Fenianism were released from
custody yesterday afternoon the grand jury having g-
nored the bills against them.
THE PEXIAds NOT TO RECEIVE FULL PARDON.
. Y rELKGRAPH
TORONTO, C. W., Nov. S.-IRe Toronto Leader OF tss
morning in long article "Ihe Fate of tho Condemned
FeBn says the formal passing of the sentence of death
is regarded q certain indication of their fate Cir
cumstances point toward leniency The necessity for
shedding blood is not very urgent, its utility clearly
Transparent These circumstances will probably determine
the fate of the prisoners but If should turn out that
none of them are executed the substituted punishment
will doubt be exemplary. Let no one run away with
the idea that the Fenian culps will get full pardon oE
anything approaching TO il. Public opinion will demand
that punishment be certain and Under different
circumstances they would assuredy have been hanged 10
were necessary deter from another raid 10 execute, all
appeals mercy would be vain. The Imperial Governments
will have suggestions 10 make the subject and by
that suggestion the Crown WILL with
without further ADVICE shape his course There is an in
ceasng tendency the part OF the public 10 believe that
the full rgor Of the law will not be executed the ps
oners sentenced DEATH Already friends OF the prison.
ers are raising money in the States The presumption
that thew going TO be hanged, and Il IL DO probable
they will not be hanged the this understood the
less money they will be able TO raise We afford 20
be maguanimous much better than afford TO mako
them martyrs; but orr magnsnimiy cannot 90 beyond
spalng their lives, if il go that far. Punishment proper
toned 70 their crime, with, perhaps, admixture ot
Royal clemency they must receive.
Tie Globe has a dlspach from Montreal saying il is
derstOod that the Government at the late Cabinet meeting,
resolved commute the OF Lynch and Mcmahon
Three named Bell FiannigAn and " ellis confined in
the old Jail since June last chageoi Fenianism
released from custody the Grand jury having ignored tho
bills against them.
gHB CONDEMNED fESIAEs NOT TO BE HUNG, BUT
IMPRISONED.
BIT rKISGKAPH THE TRIBUNE.
QUEBEC, Nov. S.-IAe correspondence between the
Canadian Government and hen Maiesys representative 20
Washington is understood to have resulted in the
the deahsentence recently pronounced against the
demned Fenans and the substitution therefor to imprsoI-
ment for a term OF years.
Messrs Wells Bell ana Flanagan have been releafed
without trial.
The action Of the government in committing the death
sentences viii probably be made known publicly In few
days
INDIANA COLORED CONTENTION
RESOLUTIONS PASSBD-THE CONVENTION TO ApJOtRy
TO-DAY.
nv vrrxasapa RI THE ratRuNk