The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-12


Princely then gave him some s5 CENTS
IN silver, and asked him IL he woni5
not keep the boys away; when he said
ne would do so, as he now had soma-
thing to treat them with, heard he
made similar demand on other per-
Cross Examined--Some of tho mo.
whom supposed to be Fenians had
green tunic and other American mi
forms, but most of them had ciyiIianis
clothes.
Geo. Graham, sworn-I live about 9
miles from Fort Erie, little northwest
Oh the hudson road. saw the prison
er on Friday, the LIST of June. About &
O'CLOCK saw a person near Pricely
whom supposed was the prisoner.
saw going home and he rode past me
turiously. saw him afterwards at a
shoemaker's shop in front of my house
on horseback. l went over to him. He
was armed with rifle and fixed bayo-
net-such as the Fenians carried, He
asked me what was. said was an
Englishman. He said that they had
came over and taken the country and
the hated Saxon rule was extinct. The
prisoner smiled and glanced at the
jury. He asked me for a quarter of a
dollar. told him that quarters were
very scarce. he said get 1t, in COM
manding way, as he wanting something
to drink. went and got it and gave it
TO him. He then gave it to a little girl,
he appeared to be under the influence
of drink. BE was not dressed as he is
now. he had a sort of green. veil
around his neck.
Crossed Examined by Mr.. Mckenzie.
he demanded the quarter after he
said that the Saxon rule was extinct.
William Miller-I live five miles from
Fort Erie. was at Mr.. PrfceIy's
farm on the LIST of June last, and saw
the prisoner there four times on that
day. He rode up to the gate and call
ed me out to get something to eat. BE
was armed with a rifle and bayonet. 1
got him what he required and he went
away. About an hour afterwards saw
him again; he was still on horseback;
got of his horse aud said to Mr.. Price
ana treat myself. Mr.. Pricely gave
MN some money, but not two dollars.
be had some conversation with him, in
which the prisoner said they had come
over TO take Canada and were going to
free Ireland. He retured again in
about an hour and wanted the rest of
me money. There was good many
Fenian stragglers about aG the time.
They got some bread and meat which
the prisoner said was satisfactory.
MIR. Mckenzie-I have not the least
doubt of it. [Laughter.l
Cross examined by Mr.. Fleming-Al-
though he appeared under the influence
of liquor he could sit on his horse very
well. His talk was not wild or ex-
travagent-he appeared to have all his
senses.
Mr.. Mckenzie read and put in sew
eral athdavitS as tothe prisoners preyi-
GUS good character. Mr.McKenzie then
proceeded to address the jury for the
defense, and in opening his remarks
complained that he had been forced into
the trial by tho crown counsel before he
was ready to proceed, inasmuch as he
mad no witnesses in attendance. Mr..
mckenzie then continued to argue that
although the evidence was certainly of
a strong character against the prisoner,
and possibly might be construed by the
jury as extremely prejudicial, still there
was nothing to show shat he came over
here for the purpose of levying war
againg Her Majesty. He certainly did
come here and acted in a very wrong
manner, and plundering any British
subject. He submitted that he did SO,
whilst labortng under the influence of
drink, scarcely knowing what he did at
the time. Mr., Mckenzie concluded his
speech by stating that he did not offer
any palliation for the prisoners con-
duct. Hethought it very outrageous.
II acquitted of this charge the crown
would no doubt try him for obtaining
money through Intimidation, which it
was plain that he had done; but he sub.
mttted that, taking into consideration
his youth, and that no evidence had
been shown of his intent to levy war on
the Queen, and that he ever entered
Upper Canada, that they should not
find him guilty of the present indict-
ment, thus giving the crown an OppOr-
tuntty of prosecuting him for the Of
fence, II he committed any, of which he
was really guilty.
His Lordship then charged the jury,
explaining to them the law under which
the prisoner was tried.
Mr.. McKenzie-2I propose to take the
Same exceptions to your Lordship's
charge as l did in Parry's case, with
these further objections:
LIST. That your LordShip should not
have told the jury that theproof laid on
the prisoner to show his business in
Canada on that occasion.
End. That your Lordship should not
have expressed yourself as to can there
be any doubt that the prisoner was at
Limo Ridge or Fort Erie.
3rd. That your Lordship should have
directed the jury that the prisoner was
riding on horseback between two and
five O'Clock in the afternoon, extorting
money from the people, was strong evil
dence to go to the jury that his object
was private plumber and not public war,
and that 1t laid on the Crown to show.
by direct evidence, that he was connect
ed with the Fenians.
at ten minutes past two, the Jury re-
turned into Court with a verdict of
guilty.
Mr.. Harrison-I move, my Lord, the
Judgment of the court upon the pris-
oner.
Mr.. Mckenzie moved the court in
arrest of judgment on the ground that
the oftense charged was committed in
the county of Willard and could not,
under the statute, be tried in York,
being one of two counties united.
His Lordship over-ruled the argu-
His neutrality-suspicious., have YOU,
anything to say why sentence should
not be passed you?
Prisoner-I have only to say that the
three witnesses who have sworn against
me that 1 obtained the money from
them by threntS is false and they have
peTjured themselves. simply asked
the money in a friendly way.
After the usual proclamation having
been made previous to tho sentence
being passed, His Lordship sentenced
the prisoner to be hung on the 18th of
Another Fenian RaId..-The Atlantic
Cable to be Cut OF Captured.
NEW York, Nov. 1O.-This morn
H. D.