The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-11-09

OTTAWA, @. W., Nov. S.-Two cases
of rifles have been seized addressed
by, the authorities for instructions
from the Government f}
Hon. John A. Mcdonald leaves on
Monday for New York to Join the other
delegates sailing for Englann on We'd
nesday.
TORONTO, Nov. s.3The excitement
over the Fenian trials Is diminishing.
The Court was opened this morning at
the usual hour. Patrick O'Neil, the
first prisoner, was placed in the dock.
Mr.. x. McKenzie, before the prisoner
pleaded, moved that the indictment be
quashed on the ground of the misjoind-
er of the Court, and that the offence
was committed in the county of Viii
lard and therefore cannot be tried in
the county of York, 1t being one OF the
two counties united. Mr.. r. A. Harri-
son commended that his learned friend
had placed wrong constructions on the
tnteEtunctfon clause, and that as to the
second ground his lordship had over
ruled that objection by his decision on
application of the same nature made
yesterday.
a lengthy legal argument here took
place between the counsel. s, i,a NIX
!, Mr.. r'McKenzie-I wonldu ask your
Lordship to allow me until Tomorrow
to consider what course I shall adopt
III tu4S case iWnetner9 Il aBlOO1O enter a
demurrer or allow the prisoner to plead
over. -s,ii!1
Hon. ]. n. Cameron-You had better
be careful how you demur in the case
ofQueen VS.. Switzer, which is reported,
In which i defended the prisoner 1t
was held, by the learned Judge that I'M
less demurrer had been successful, SEN
tence would have had to be carried out.
His Lordship-Well have no obiec-
LlO0s ~ ID ss. .
The prisoner was then removed, and
dock. ~ 10 'l'''' no i'.'' 7s
Mr.. McNab made a short address OF
the case for the Crown, in which he
stated it could be proved that the pris-
oner on the LIST June was seen with
what 10 known as a Fenian rifle in his
possession near Fort Erie, and the ao-
count which he gave of himself after
his arrest. isd-.! 10 .'-aa.7id lgiau
After the examination of a few wit
nesses his Lordship addressed the jury
the prisoner to be aBritish subject and
could not therefore be tried as at pres
ent indicted. He therefore directed the
jury to return u verdict of acquittal.
Mr., Mckenzie then submitted that a
British subject could not be tried twice
for the same offence, and he should
therefore be discharged.
Mr.. r. A. Harrison-The Crown has
further evidence against the prisoner,
my Lord. If he is tried again, he will
not be tried as au American ditizen.a
Tho courtat1 O'clock adjourned un-
til 10 O'Clock tomorrow. 1t is Mr..
McKenzie's intention to make the fol-
lowing objections to all the indict-
ments preferred against the Fenian
prisoners yet untried, containing dou-
BILE counts, and in the case OF the
Queen Us. McGrath, he will advise the
prisoner to plead the plea of G'strGfois
1st. on.the ground Of niisjoinder OF
count, that heis charged as an Ameri-
can citizena I'd! That he is charged
as British subject, and that he is
charged with what amounts to high
treason. a man cannot be a citizen OF
a foreign State and a British subject at
the same time. Sd. There cannot be
distinct offences charged in the same
indictment. 4th. That itappears on the
face of the Indictment, that the offences
charged therein against the prisoner
were committed in the vicinity of Will
lard, and the indictment therefore could
not be legally preferred against him.
The Grand j qry entered the Court,
and brought bills against the following
Fenian prisoners: John Hughes, Pat
rick Donahue, James Burke, James
Spaulding, VIM. Orr; Patrick Heating,
VIM. Baker, Barny Dunn and Fred
eriCk FrV