The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-23
r HE FE MA NJ S /.
SPECIAL IElEGRAM TO THE HERALD.

The Trials az observation-disclosures Mcdonald
Found Guilty and Sentenced TO be Hung ON
the 18th Of February-The Jury Fail 10
Agree In the Case of James Smith.
swEErsBURc, Doc ~, 1865
The court opened at half past nine A. NJ Judge John
SON presiding The evidence offered against James
Smith similar TO that in the Of Thomas Madden
a. to the Fenians levyng against the English gov
eminent
Lieutenant Money OF the Volunteers, testified that the
Fenians fired ON a company Of the Royal Guards at
Eccles House ON the 9th OF June.
Private Holloway identified the prisoner Smith, az hav
ing carried rife when captured The prisoners
sci having witnesses examine. left the in the
hands Of the Judge without addressing the jury.
Judge Johnson In his charge, said shat II they found
from the evidence offered, that the prisoner In
arms against her iajestys Government. which was The
efience alleged they would find the prisoner guilty.
The jury then retired and at half past eleven came into
court
The Cicrk asked II they had agreed their verdict
The foreman replied, I'VE cannot agree" The Judge
then ordered the jury to be discharged and that the
prisoner, Smith, be removed TO jail
Terence Mcdonald, British subject, was then placed
sons the sth Of June, for the purpose Of vyng
against her Maesty's government Ajury was imme
The Grst witness for the Crown was Thomas B. Car.
pentcr, who testified that he the prisoner Mcdonald
In his tavern at Pigeon Hi June Q, armed end with
some other Fenians who were armed with muskets
marked "U g., 1S61;n the witness did not hear the
prisoner sny what they to Canada for but heard
some OF his companions say that IL their intention
TO make Canadata republic to be called New Ireland
annex II to the great republic Of tho United States.
W. s. Eosappc testified that the 9th Of June nc
saw the prisoner at st. Armands station after he had
been captured by the Royal Guards tho prisoner then
informed him that no had gone IN Pigeon Hill TO
excitement caused by the arrival OF the Fenians and
that he was not member Of their organization but
loyal subjec. Of England.
7. r Roberts read written statement made by the
prisoner Mcdonald to him when he had been removed
the Montreal gaol, which in substance the
the evidence given by Hosappe and that he stated that
no was q native Of Ireland.
Miss Ferguson testified that she remembered having
seen the prisoner with body OF armed Fenans who
had stopped at Carpenters tavern the 9th June
that the prisoner armed.
George f. Jones testified TO having arrested the pris-
oner Mcdonald at Pigeon Hill, aud that he armed.
H. Chadbourne testified that Mcdonald had on q
Fenian medal when arrested but that he had denied he
was Fenian. The crown then proceeded TO examine
several military officers In order to prove that the Fen
ans entered the province with the intention Of lcvying
war.
Tho prisoners counsel proceeded TO address the Jury
At two p M and occupied their attention until half
ras three NJ In attempting TO prove that the prisoner
visited Pigeon HILL where the Fenians camped in
order to satisfy his curiosity.
Mr.. Ramsay then followed on behalf Of the crown
At twelve minutes after Ave the Judge charged the
jury, and at six T. "a. they retired After absence
Of an hour they into court with verdict OF guilty
Judge johnson then sentenced the prisoner 10 be
hanged Friday, 18th OF February Tho court then nd