The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-12-05


tard, Montreal, Quebec and Toronto,
MoRRTsBURG, @. E., Dec. 1.-THE in
dlctmentS against the Fenian prison.
ers will be sent TO the grand jury this
morning. 1t is understood that a lar
ceny and murder case will first occupy
the attention of the court. b. berlin,
counsel for tho Fenian prisoners arriv-
ed last night.
General Averill, United States Con-
SUI General, was expected to-day.
1t was said that Judge Monk would
come to preside with Judge johnson in
the tenian trials, but business in the
his coming.
Very few strangers from the United
the village. IA
SwEETsBURG, C. E., Dec. 4.-Th
Court opened ut 10 o'clock this morn
ing and has been occupied all day with
the trial of one Emory Cham berlain for
u murder committed in the township of
Potter, on the I'd of August last. tad
lourned at half-past four O'Clock with
out having finished the case, which will
PROBABLY occupy the whole of to-mor-
row.
Mr.; Devlin, of Montreal, counsel for
the Fenian prisoners, arrived here this
morning.
General Ayerill, United States Com
sui General for British America, is ex-
pected here tomorrow afternoon to
watch the trials on behalf of his gov
eminent. The grand jury had the in
dlctments against the Fenian prisoners
submitted to them at IL O'Clock this
forenoon and We're at work on them till
O'Clock. They will probably make
Ihelr presentment tomorrow and the
prisoners against whom true bills NAV
be found will then be arraigned, Their
counsel is ready to proceed at once
with the trials, which it is believed will
commence on Thursday or as soon as the
murder case has been disposed of. The
whole OF Thursday will, in all proba-
bility, be occupied with legal aTpn.
ments. 1t Is understood that the pris-
oners' counsel will take exception to
the jurisdiction of the Court, contend
ing that Provincial Courts are not
competent to try charges of high
treason. He will object also, it is said,
TO the act under which they are to be
tried, contendinS that it is not within
the power of Parliament of mere
dependency OF the Empire to enact laws
defining what shall constitute high
treason, and thereby it will be urged
That the prisoners cannot be tried under
an eC post JdctO law. The offenses were
committed in June, and the act in its
present shape did not become law till
the 10th of August, the act of the Sth OF
June having been amended and super
duced.
The prisoners had lively time this
afternoon. Two of them, Crawford and
Dan. Cobourn, had fight in the Fe.
man Ward, and Cobourn, who is a
antagonist badly. They began the
fight with fists, and Cobourn finally
knocked the other down and kicked
him in the face, damaging his!nose and
nearly kicking one of his eyes out with
the toe of his boot. The difficulty, ac-
cordIng to one story, arose out of Il dis
cusslon between the two as to which
mad rendered tho greater service to the
Fenian cause. Crawlord's version OF
it is that the subject of dispute was
whether the parties who attempted to
kidnap George Saunders were ncuuit-
ted or not. He says also that the diff
Guilty was aggravated by reference Ia
an old gambling transaction in which
CObourn had lost some money.
Cobourn applied to him a VeTv
aPpribious epithet and the fight then
began. The jailor and his assistants
having entered the ward secured CO.
bourn and removed him to "A solitary
cell in another part of the jail, where
he will be fed on bread and water and
deprived of his allowance of tobacco,
Scarcely had this affair been disposed
of when it was followed by a new ex-
element. About Il quarter of an hour
afterwards the jailor entered the ward
to lock up the prisoners for the night,
he found door of an inner comma L
ment of the ward shut, on opening il
he discovered one of the prisoners,
Ihos. Maddin, in the very act, appar-
emily, of attempting to set fire to the
Jail. He had filled one of the cans used
as coffee cup with burning coal from
the stove, and had it set on the floor
under the ash pan. The theory is thnt
he wanted to set fire to the floor, OF
moro probably, that he was to carry the
Goals to his cell and set fire to the bed
clothes, in hope that in the confu-
sion caused by an alarm of fire the
prisoners might succeed in effecting. an
escape. Madden'S story is that he want
ed to light his pipe. Orders have been
given that in future two or three DO.
licemen shall remain in the ward with
| the prisoners to preserve order, and t.
| prevent the repetition of any attempi
at incendiarism. All is quiet in The
village. There are very few strangers
| from the United States. Perhaps there
will be more when the trials commences
| Meanwhile the capabilities of this and
the neighboring villages to provide
board room for the crowd of officials
military officers, policemen and others
| VINO nave been attracted here by the
trials, are taxed to the very uttermost
QUEBEC, Dec. 1.-The one hnndrett
regiment are to receive new SPENCE
rifles in place of the Enfields witt
which they are now armed. The mill
tary authorities have signitied their in.
tention to remove the balance of thu
regiments to Ottowa if suitable bar
racks are provided.
The amount received for the Fire Re,
lief Fund from all quarters, to date, i,
S237, SS1. Amount expended $67;929.
CINCINNATI, o., Dec. 1T will re-