The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-27
the FENIAN TRIALS.

The Trial OF the Rev. ID. E. Lumsden
Placed in the Dock-A Roman Catholic
Priest Sentenced 10 be Hanged.
ToRoNTo, october 26.-Ihe Court met again to-
Lumsden was frs placed in the dock. lilo is q man
nearly ak feet high and processes to be q c,efgy
man in the Episcopal Church; He Apparently
preston Of cOunteoance, aud appeared 10 feel his
poeitlon far more than Lynch lie was dressed IN
Ihe Hon j. H. Cameron Q g., and r. A Har-
nson represented the Crown Kenneth Mckenzie,
q g., appeared for the American Government, aud
N. @. Cameron defended the prisoner. rne counsel
Tor the prisoner asked for postponement of the
tial Two material witnesses for the defense, the
Rev. Fuller, of syracuse,N Y. and Bishop Coke of
Buffalo, absent, and could not be brought here
nSousb tds bSS been az aer ate
as ample time had been given TO secure the attend
ance OF these witnesses, he was willing, on the part
certificates OF that nature under seal.
The Crown would throw no technical opposition
in the way which might prevent the prisoners re.
ceivng the benefit of fair and impair ial trial. and
he was Wiling on the part OF the Crown, to make
on behalf of the prisoner. Mr.. Cameron, on behalf
OF the prisoner, stated that the attendance OF the
two gentlemen to whom ne had referred would would
power TO compel their attendance. He stated that
lie believed the American Consul would be able to
trial was POSTPONED till Sa, urday, November3 g.
John McBahon, Roman Catholic est was
then brought in and took his place In the dock. He
man OF about forty years OF age, Eve leet six
inches in height and ratner stoutly built. H. was
well dressed in a clerical SUIT of ack and wore
nite stock, similar to that which is used BY. the
Roman Cahoic priesthood jury having been
sworn, Mr.; r. A HARRISON, on behalf OF the Crown,
addressed them in substance as f0llows:-
Gentlemen Of the jury The prisoner at the bar
is indicted by court of competent jurisdiction with
having, with divers other ll-dsposed persons in the
month of June lass invaded these provinces with
intent to levy war against her Majesty. Tne indc.-
ment under which he IS arraigned contains three
counts. The first count charges him with being an
American citizen and having, as such, with divers
e1v war he secopS conSt cbarae. HIM With ap
having entered these prov noes, continuing with
these persons and the third count charges the prl-
soneI as being with these persons, having levied war
in this country The statu under which he Is tried
was enacted by the Legislature in 1910 Under that
statute any person, not being her Majsty's subject
caught in the act of levymV war, was liaole to be
tried by drumhead cOurt-martial and immediately
executed.
I his was amended by an act which was passed last
session, providing that parties not being subjects of
heI Majesty, In case of this description, cou be tried
by q court OF justice. Credible witnesses will be
brought before you who will prove that the prisoner
among the Fenans that ne acted in the capac ty
amcng them. If this is proved, you will not have
to consider whether he is in holy orders not If
and the law holds him equally guilty. If you are
not however, after hearing The evidence, perfectly
Of ihi. doubt. and is entitled to your acquittai.
The following evidence for the Crown was then
John Ray, examined by Mr.. r. A. Harrison.
sworn-I live at Fort Erie; was there on The 1st
OF June; saw the prisoner at the bar there the
numbered over 800 men; the prisoner had no arms;
he was dressed IN black, the same as he now;
him in The village of Fort Erie; the Fen ans
stopped at the village couple OF hours before they
went on the march; they lett their yalises behind,
them, as we don't know how long we may
lises and followed the mann bodyj then
IST on OF Che
can't say how many we kl!ed or wounded as the
Fenans took me prisoner; l next saw the prisoner
prisoner; he was dressed in black, and took him
for priest or docto am quite positive the prisoner
Alfred Wilcox sworn-I remember seeing the
prisoner on the 1st of June; he was stand ng talk.
ing with the FenIans who were left behind; the
man body had then left; there were some satchels
lett behind, and he was giving orders to take them
SgT heT de did no see S pTUr e
Alexander Mhgan sworn-I saw q considerable
body of men at Fort Erie on the 1st of June; re-
side in the village Of Fort Erie saw them about
the morning 1.-THE witness looked closely at the pri
sonerl; saw HIM at Fort Erie; saw him first IN
care OF themselves; he had dark coat; he did
not look like clergy man; he had revolver Dv his
selves; when he went out had conversation with
him, when he told me he would not harm us, only
the red.coats; he SAID they did not mean to stay
there oDg or hurt the inhabitants of Fort Erie.
Several other witnesses were examined, ali testi.
(, ing to having seen the prisoner along with the
Fenans at Fort Erie IN June, and Identifying HIM
with thCm.
For the defense no witnesses were called. Mr.. M.
Gamer on then addressed the jury on behalf OF the
prisoner in a very long and aole address. The de-
tense he set up that the prisoner being Catho
lie priest was taken by Iorce and compelled by the
Fenans TO go to Fort Erie to administer spiritual
conso alton to the wounded; that, as Roman
Catholic priest, he could not refuse to attend to the
calls OF the dying; and that at the time Of the rad
he was his way to Montreal to receive a legacy,
and was in no way connected with the Fenian or
ganization.
Mr.. j. II Cameron re Dlled for the Crown in a
long address, arPu ng that by law the fact of ths
prisoner having In any way aided or cOuntenanced
the invaders made him as guilty as Themselves.
The JUDGE having charged the jury, they retired
at 7. M, returning In less than an hour with
let of guilty. Ihe Judge then sentenced the
pTisOneTIto be hanged the 18th OF December next
The next trial does not take place for few days.