The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-26

pr bore mony the fact that all the zeal and
anxies 70 bring on every point tha could be possibly
friend. the counsel for The defence had been exerir
Tho prisoner could not say, al all events that b "a
every defence nj the hands OF his couns~' seVe'vd
glad thai tho learned gentlemen 81 J "a also
had been aIordcd lhem ..,dtha. every opportunity
had been NOTHING - the prosecution; that there
VII On "''""a az had said dnrns the trial
shcsa Do r,smdces with with the jury, and that
ever, ming hc been done TO fair and impartial
Thy sssa Il thai me thai oosa
gesteh 10 avor Of the prisoner shoild be entertained and
CAREFUL dealt with by them. They fen that the pris-
oner 'ys undergoing trial In which his life may o. Tor
feIsed Il ~ painful dnty Cor 70 engage in prose
caion which might have such serious results Il VIII
ana II VIII be an equally painful duty for
the Jury who would have to take the evidence into
be their any 70 hnd verdict against the prisoner not
Nithsandng that hore were al these consequences %
performed great outrage against tho laws Of his
conn.ry ant agalnst society h.a been com
Of tho country against incursicns or Tho
Same infamous. chsraciar to yindicate the laws
fear tho other, that It might DO understood that in
this court The law mnst be carried out ani that the de-
cson of the jury wiz be carried ous With the firm
regard TO perform their duty, having view Of the cv
dsnce before lnem 10 tho sasnc way as their duty had
pr soapr Ia tho first place, had claimed that bs client
had not been charged properly in the Indictment he
United sla.es, while Is such no was charged
with having entered tho province 70 commit acts II hos
unity AGAINST inc province Ne s,ys no IS not citizen
British subject no must be ona always In the 6rst
place. whon. rogard 10 The question that tho
properly within tho strict meaning OF tho law, contend
that tho law proposes TO deal with certain prisoners per-
who came TO this country BIO they subjects or CHI
himself has m his own language specially
claimed that he came in the character of m
American citizen 10 his letter which laid before you
If no 10 Canada as no stated, peaceful American
cilzen wIthou. any hostile Intent no told us that hc
him AZ such became we had In his own handwriting
Tao character OF citizen Is therefore all require to
prove II Is Of no consequence whether ne was or 70
British s1hiect Any person y an American citizen
who has resided there for any length OF tire and who
haa acquired that right q proecon aud we know very
well that no from tho United States We have II,
as have saii in his own handwriting and I fool that
the evidence must DO admitted sufficient to that
character YOU as citizen OF tho United s.a.es
rho Judge then CHARGED the jury In very able and
eloquent address. which occupied over hours in do
iveiAng, In which the evidence for the AMI de-
fence Mas read by the Jrdge 10 tina jury.
RsTgaEMsyr or rim july.
Tho jury retired az ten minutes pass faur. and The
officers not being willing ~ any trial at
that advanced honr business was s,lapondei and his
lorship the counsel and tho public agaoi Themselves
of hour and twolty minutes FOR comfortable
In their seats. The court remained crowded during the
eni'rs period
INTERVIEW WITTY THE rlIsosn
Immediately after the jury had retired :, deliberate
ORren that he wished TO speak the correspondent OF
TIA Nsw Yonx HnnALo A'tcr having referred The
with biz prisoner io ny seai In The reporters desk
and s., Stepped over TO the prsonsrs box, ShsT s
colonel rySs ' pars Sa ns oanea
from BIN portion q bis past AiO John SGss
was employed in the Department OF thc Board OF Chart
able Donations ard Charitable Beanos.s In Dublin Castle
Ireland from 1887 70 1912, whom ho eirated % The
in Louisville from the tine hs arrived In The Un.ed
STATES un:l 10 went p taiisorni,, in 1880 We
sa and % s ws s A' as "a lsso
At tbs time u the break rg out OF the rebellion he
appointed quaTtsrmsNer With The rank Of RAZOR Ia tho
rwcatyaash Volunteers; during The latter part OF .he
rebellion be held tho position OF chief CLERK in The Dc
charge DsDsrsmeni, With th1 RANK o. captain rhe
came to Canada under sha Directions OF Atrien Gene
ra AcDermot Of the Fenian brotherhood OF Lon,svle
Canada He speaks very chsorra.iy in regard q hir
2 silicu aud when handed copy Of the Nsw Yoag
HERALD he remarked very warmly thai he had sorae
very daar friends living in New York.
pur.Dc tue delay ex?erionced IN waiting for the jury
70 sSg IN u nsr verde. ns prsna, was occupied N
et pus out by the many angry eyes brought 70 bear
upon nlra from time Q limo BY tho spectators he
IN which the prosecution conducted hor case aso TO
mr. Martin Tor his able defence. =
kfruRS or faE JUES--rHE VERDICT
AT twenty minutes H. six tho jury returned into
Thn rc having been called by the Clerk he inquired
Gentlemen or the Jury have You agreed on your YER
Tho foToman--The jury have como TO the conclusion
ina tho prisoner Is guilty.
Tho Clerk having recorded the verdict,
solicitor General Cockburn and requested the
Chief Justice TO pass The judgment OF The the
He Lordshp--Iosoa nlOss Lynch, have you ANYTHING
TO say Why the sentence Of tho Court shond not be
passed on You for this felony2
psIsoNsR's aPgEcu.
Tho prisoner answered In very clear fons a. FOL.
lows:Well, my lord, you mast DO aware you have
noticed tho Inconvenience aud disadvantage my coun-
SCI abcred under IN being sbe bring the evidence
connection with the Fenian raid alae now that had
neither hand act nor part IN the late invasion
cama % Canaas not IN the capacity in which IL has
OF pubic Journal, and in so doing aware that
violated either the laws or Canada or those Of
could be any objection 20 q reporter follow.
ing tho army and chronicng the inridents Had
on the other side With regard 10 the msnrsr 10 which
the Crown has conducted the prosecution in my case
With, both by the Crown and tho 81 c.or General and
AZ cameron has carried on tae Prosecution in tho most
fair and impartial manner aud feel that Il n but Yirhf
Ia me to make this staismeut.
His IordshpThe ohjec. In ask ng you 70 address the
1ar' sa g sse yol an cpror unity o. using any legal
Losctrns " ycu had any " IL boo ists now 20 discuss
Tho facts u the case
r.sonsrwel, my Lord you must be aware with re-.
., aw . make any. Ion'y know that am Innocent
q The crims laid to my charge, and / here
appear rome day. that wholly innocent Of Tho crime
for which J was brought horc, and that never saw
.svNths wa Wks ARRESTED anu brought into his
housc on tho "a OF june On that occasion cav him
wnen placed In his hoqso fo- short time previous 10
being brought Up 20 the Ccur, House.
The prisoner then Eat down. but Immediately oot m,
wien tne crier maoe The usual proclamation prior 10
passing sentence OF death.
~ rHE JUDGES ApDniss 10 THE PRISONER
HIS lorl6hip then addrossed the prisoner and during
.nc cehvefy OF the address hts voice was quite feeble
an very sorry 70 find 4 Of your age aud expe-
nence asnd where you 40 to-day. You are q man /
VINO must have seen . good deal Of tho world.
? man not without education and intelligence
Inc evidence brought before the court IL perfectly clear
sud conclusive that you IN NADIA a. Yportor
on tho occasion charged IN the Indictment but that YOU
were arrested and In kiud OF command What that
Va9 oeee nos distinctly appear but though you
inefo Only as areporcr you ought 70 have known
wa. no war he's been proclaimed; that those
WIN whom ycl wee soen were making an Airocous,
Mniose Unparalleled inroad peaceful country and