New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-13
THE FENI4yS.

GOyREEHESr.
NJ TELEGRAPH TO TRIBUNE
QUEBEC, Dee I2.-The Pr,yirc. Authorities tayc
Unpublished all responsibility for bc fate o; tho condemned
Fchians by turning them he consideration OF tho
Home Government How that Government viii act Sith
reference TO their fate will depend doubt, IN great
measure upon the future designs Of the organization With
which they the prisoners connected.
THE TRIALS AT swEETsBURG-MR DBvLINs ARGU-
MgST AGAINST THE JURISDICTION OF THE COURT
THE PLEA oyERRUJED-RELRAsB OF oSE ~
THB PRISONERS.
SwRgrsBURG, c. f., Dec. I2.--The Court opened
this morning at "A clock Nj Deyhn proceeded 70 eIgs.
obtained the decision Of the Court yesterday lie con1cHdei
that the Imperial act and - Victoria chapter BE- fal
force in this Province this provided t1 porson
committing the oGense charged IN the indictment ss bis
at the direction Of the Court be transported for M
period not less than seven years or 70 be imprisoned o FS
Court found their prosecution on this act instead 81
having recourse Provincial which sTepngnan thereto,
and which leaves the Court no discretion but 70 Pohohco
sentence Of death on persons convicted Of precisely The sane
ofenses.
Mr. Ramsay ia reply said be did question thst
the II and 70 Victoria Is In u force In Canada lie never
S S e sne9 i as I bur i he dsnd that Re
statute the least degree ePugnant 10 the English s,sias
In form The English stantc provided for the case 0f Goa
spiracy which the fundamental idea Of high treason ID.
Provincial act made reference TO conspiracy and changed
the ocnse into felony and IL met all the reasno-
OF the the indictments had been laid under t.
the other side that the Imperial act IN force IA
this oyinse was all that was necessary to make good T..
plea in bar which alleged that the act under which he prison
TO be tried an er post yqeto law ana that oeLt
such they could be tried under IT, The trials weF"
take place under the act Of the eth OF June and tS
section Of the act Of the eth Of June and substituted
section therefor This substituted section altered ho
character the punishment what in the act Of the sa
June left TO the discretion Of court marital was N Tie
act Of the 18th August made capital felony The oisaon
lesser punishment that OF death This substituted section
also contained the obnoxious words who has A. any un
being entered q Of the indictments He conended that this
third post aeo and that without this third sec
ton the prisoners could NOT De te ~ could NOT DC "ehhn
that in bcn times the English Parliament had enacted soae
these OF post aeo legislation only Ieerfd
TO as legislative enomes and Their sPpheaion
OF John Bruce, cook who convicted OF attempting 10
poison II persons and BY Retrospective law was made gsiy
punishment having reference his occupation cook Al
that wanting the part OF the statesmen at Ottawa who
g b. ~ w. nnss Pbs iSe death should he pdctsJ
read the eloquent and touching speech delivered BY tls
tanned an e. poet acto law declaring that the OeDsss
charged against him were high treason although they were ss
before which the Earl declared that hvng eonid
be safe such legislation admitted and protested sgaias
the Judicial murder about TO be PerPerated upon has person
history was familiar with the speech BOT except showing
the abstract nnce OF poet aeto laws amounted TO moth
SIr Deyn went cite variety Of authorities English
and American, eondemning e. pos' Jdeto legislation
Mr. Ramsay reply said that the whole Of Mr. Deyins ar
gument one OF expedieney not law WITH the en-
cePdon Of word two attributed TO Lord Coke there YES
Honor override the Legislature and set aside the laws @p5
stae 10 pass ~ The Gov nnent hsd withdrawn the iniet
events occurring before the 9Th Of jane and -
doing had carried the doctrine of the incxpediency OF pe
aco legislation quite T Of the authorities cited ~
the learned counsel As naked question Of law howsssr hs
committee on the 9TH q June and il was vain TO say TIA! tho
law havu beeun on he as
Mr. neyn having replied briefly Judge johnson bth gave
bis decision on the two pleas argued to-day.
ute epugnaut TO the Imperial statute which had been ee
S a. @ had not teen sustained As regarded the
plea in bar only had been cited by Mr. Deyn which
all in point This the case Of Read ag Bale, who
tried under passed May 10 1921 for shooting man
the 9Th June His defense was that he had gone 70 ea be-
about it till after the oaense committed The Judges
did not on that account SSe. nm 70 To- e Diep MIGHT ~
might be Considered such by the Executive but
was clearly not one 10 which he could dlye himself OF ne re-
sponsibh OF carrying out the law lie remarked N e"Ben'
sion the restricted the right OF appeal In criminal
TO limits than IN Upper Canada or England
points which had been submitted which might yet be raised
he should take that the prisoners should have all the Bone
Its which the granting any necessary interval Of time might
ruled
Thomas Madden was then srraigned and pleaded not
guilty to both indictments against him. ,,
Mr. Deyn moved that the jury to be impanneled 10 ms ea
should include six American citizens as the prisoner plead thai
he was an American citizen. 49,,
the Crown failed prove this there would be an end OF tie
.
further Conversation Mr. Devln said that be
would not press the point Mr. Deyn moved that he tia bs
Fixed Monday. Some discussion took place on this question:
but appeared that 10 irame
AIRY Jury pae include only speaking the English IAN
guae days notice necessary Tor TINS purpose
he Court fixed that the trials should commence on nesday
Fraucis Mcdonald arraigned lie answered. am
an American citizen and guilty The Judge refused 70
receive anything but the simple plea Not Guilty and that pea
was entered Michael Crowley nett arralgned by tho
Clerk and in Irish Mr. Ramsay said this spoke
English perfectly he had heard him repeatedly The Judge
This aing with the Court The plea not gnilty Was
recorded Owens Carroll Ggan and Holmes also ar
aigned and seVera pleaded not guilty The trials Of ell tho
prisoners fixed for Tuesday The Court then adjourned
until to morrow When previously appointed the Grand Jury
will again assemble
Another OF the prisoners Edgar Rogers was set free this
and already his home having been sup
piled with the funds by Mr. Deyn Rogers says be
deserted from the American Army and joined the Fenians
while drunk and was arrested before he got sober
smith Morrill, Reardon Howard and Crawford, VIII DC ~
dcted before the Grand Jury under the get OF 9Th
June and the oenses charged IN the indictments
withdrawn yesterday The oense viii be charged az com
mtted the 9th Of June however instead OF the 18th Tie
case Mcowan still under the consideration OF the eva
officers This little shoe black who carrying the in
pemens his business when arrested He he
crossed Canada with the Fenans 10 earn an honest penny
at his trade.
CITY FENIANISM