New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-14

THE CASE OF rHos. SCHOOL PosTPoNED-CoUSfEL FcR
THE PRISONERS OBJECTS TO THE pASEI-ArTBEY1
TO DEFER THE TRIALS TO THE NEXT AssIzEs.
TRIBUNE
ToRoSro Noy. l3-The Court met this BoTLirg-
Thos School first placed in the dock The prisoners
counsel put in an affidavit certifying that two witnesses
were absent who would that the prisoner "as car
Ied into Canada in state Of ntoxieation, sgan bis
will; aud another witness who would swear that tho
moment the Fenians left he threw down the arms which
they had forced him to take up The Crown allowed Tie
affidavit, and the case was postponed. }
Daniel Whelan next placed IN the dock. Wien
questioned he stated that be not ready for his trail
Ar K MKeazJt is my intention, my Lord, advise tic
prisoner to challenge array but am not prepared to eoonN
The Hon J. n oThe Trial fixed for this day al
must so on in the absenee Of any proper reasons or png
nr MKea,ie-I AN going to challenge the anay ne
grounds that they not selected according 10 the nS
vi the statute for selecting jurors and Jnries
The objections very long and IN substance are ss
follows;
First because said panel made from Illegal and ins
cien jury lists Second because was not selected RON s
sngs at adjourned sitting in presence Of tue 'oat
Fourth it not selected by three more selections bst y
called Sixth thar 500 qualified Seventh Rat ls
chairman Of the and the CLERK Of peace have not certified
that let 10 have been duly selected Eighth that the nafa
and addresses Of persons were not openly and ansy called "
the Clerk the Peace and questions not put rs 10 tie s
lection Ninth that we're transformed a.,o,i
ance With the sd section OF the jury Act
Hon j. H. Cdreron-l submit my lord that under Tie law
present force in this country my learned friend has not
tight challenge the array upon the grounds stated IL hs eP
ccti0ns. a. .
long argument here ensued between counsel for TIC
Crown and Mr. Mckenzie, who insisted that the Only
course open 10 the Crown demuF raveTse, While
Mr. Cameron stated that they would 90 neither ole noi
the other
HI Lord.hpI believe my learned brother Chief Juscs
Draper, present in town should Ike to consult WITH
before give Judgment Ny present impression sgains'
challenge.
AT II O'Clock his Lordship adjourned the Court till 2
The Court resumed its sitting at > o'clock
MFR r. Harrison moved that his Lorshp should oyeIl<
the challenge ground that OF the class Of Cas
wherein jury be chaged according to tue statute Ct tf
county
M K McKen,e-r am prepared to chow cause Why yosr
lOrtShip should not rule so.
His Lordsp-I prepared to hear yOu II you thss Il
necessary.
M MReazeI do my Lord Of After Lave ~.
gued the still against then shall be fslA'f
ske the which and my learned friends have pst'd
ID.
M: r. A. Hqrrieoa-Take bill Of exception, saIIese.
Nr. Hckenzie-CeItai
Mr.. Mckenzie argued his objections at great length Lis
speech occupying several houls His Lordsp refused u
admit the challenge and the Court adjourned at o'clock
Mr.. Mckenzie will tomorrow move to qnash tho Eanei-
He intends TO take the course in each future trial.
His object is understood beng gain time aud bsNe
many trials possible postponed until the next -
sizes.
THE TRIALS AT BEDFORD
TELEGRAPH
MoSTREiL, G. f., Nov. l3.--The Fenian trifs wset
are to take place az Bedford will be conducted by M.
Ramsay, assisted by Messrs. Buchanan and LaDoelot.
Mr. Barney DeylIn is engaged on the defense JDft.e
johnson viii preside.