Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-11-11

McNabc represented the Cr0Wns ana MT. n NC
Kenzie defended the prisoner.
His LOrdship: Mr.. Harrison are you prepared
in any Of the cases this morning?
Mr. Harrison: Yes my Lord, there Is case o.
the Queen vs.. Hayden which i would wish 10 DC
proceeded Nth; an affidavit has already been put
but the time asked for has passed
Mr.. Mckenzie; Weare not prepared TO proceed;
a messenger has been sent to the other side for the
purpose Of obtaining witness, but has not yet re
turned.
Mr.. Harrison. win you make an affidavit to
Mr.. Mckenzie. It is my intention to do SO.
John COonery was FIRST placed IN the dock lie
is q low. thick set man, between thirty and forty
years Of age, with short brown hair low forehead,
blue eyes, moustaehe and beard, Of rather repui-
sive features. he was dressed IN a rather Seedy
brown coat with light cOlored vest aad pants, and
wore neither collar or necktie.
Previous 70 pleading. Mr.. Mckenzie moved 70
quash the indictment on the same grounds as that
relied on IN the case OF the Queen VS.. y Neil and
Others The prisoner then pleaded not guilty, and
stated that he was not ready for trial.
Patrick Healing was then placed at the bar.
He is 3 young man about six feet ia hight with
dark hair and complexion, his appearance de-
noted that he had moved IN respectable sphere.
On beng questioned he stated that he was twenty
three years Of age and pleaded moi guilty.
Mr.. Mckenzie made similar melton IN this
trial. His Lordship: Arc you ready for trial
Prisoners: Yes my Lord. Mr.. Mckenzie: His
case. my Lord, will have to stand, we are not yet
ready. The prisoners were then removed The
Queen vs., VIM. Hayden. After n heightened ar
gument between the cOunsels. Mr.. Harrison per-
sisting that the prisoner should be tried and Mr..
Mckenzie submitting that he was entitled to a
further pOstpOnement, the prisoner was ordered
to be brought in. VIM Hayden, the prisoner, Is
about twenty years Of age, light complexion, blue
eyes, large ears, and a cOuutenance which be-
tokens that his intellectual attainments were not
of the highest order Mr.. Mckenzie also moved
to Quash the indictment, and the prisoner, by dt-
reetiOn of his counsel, plead not guilty The jury
we're then sworn. Mr.. Mckenzie: would ask
your Lordshp that the prisoner be placed out Of
the dock the same as IN other cases.
Mr.. Harrison: happened TO be engaged on that
case. and have no recollection oft.
His Lordship: If you can show me any preee-
dent, am willing TO allow It to be done, must
say have never heard Of such course being
pursued before.
Mr. Mckenzie: 1 won't press the matter.
John Metcalfe sworn: l am 4 private in the
Queens Own, and was present at the hight at
kidgeway. When the Canadian volunteers were
attacked, saw several killed and wounded. In
conversation with him at the jail, he told me he
was an American citizen; that he used to work on
a steamboat; native OF Louisville, ana last
came from buffalo.
Jas. Newbiggen sworn: I live in Fort Erie, and
saw him one morning lastsJ une, abOutsdayllght
saw four canal boats towel across the Niagara
river by two tugs The canal boats contained
several hundred men, the prisoner amongst them.
He was dressed IN plain clothes, and had green
veil around his neck. lie was armed with rife.
and had a cartridge box strung around his waist.
lie was riding n roam horse, which afterwards
learned belonged to the Niagra railroad, Of Buff
falo. The prisoner spoke to Cramer Pricely. and
tod MIN 10 give MN MS vest anu SOLut uluHtg.
Pricely hauled out his pocket book, and said /
have very little money, and gave him nearly .all
he had, before the prisoner said you have lots OF
money. PTicely then gave him some htty cents
in silver and asked him if be would not keep the
boys away when he said he would do So he
now had something to treat them with. L heard
he made a similar demand on other persons.
Cross examined: some OF the men whom sup
posed to be Fenians had green tunics, and others
American uniforms but most of them wore clvlll-
ans clothes
George Graham, sworn / live about three
miles from Fort Erie, little northwest on the
Anderson road. l saw the prisoner on Friday, lst
june about o'clock. was going home and he
rode past me tuTiOusly. l saw him afterwards ut
a shOemakers shop in front of my house. on horse
back. l went over to him. lie was armed with
rife and fixed bayOnet, similar to the other Eeni-
ans lie asked me what / was. / replied was
an Engishman. He said they had come over and
taken the country and the hated Saxon rule was
extinct. prisoner smiled and glanced at the
jury.) He asked me for quarter Of dollar l
told him that quarters were very scarce. he said,
" get it." in a commanding way, as he wanted
something to drink. | went and got quarter
and gave it to him. He then gave it to a little
girl. lie appeared to be under the influence of
drink. He not dressed rs he Is now. lie had
a sort of green veil around his neck.
Cross examined by Mr.. Mckenzie He demand
ed the quarter after he said that the saxon rule
was extinct
VIM. Miller: I live five miles from Fort Erie: /
was az Mr.. Prieely's farm on the LIST of June last,
and saw prisoner there; four times on that day he
rode mp to the gate and called out to get some
thing to eat ne armed with 4 rllle anu DdyO-
net; l got him what he required, and he went
away; about an hour afterwards l saw him again
he was still horseback, he got off the horse and
said to and Pricely to give two dollars, wa nj
to go to treat myself; Mr.. Pricely gave him some
money but not two dollars; he had some CONVEX
sation with him. in which the pris oner said they
had come over TO take Canada, and we're going to
free Ireland; he returned again IN about an hour
and wanted the rest of the money there was q
good many Fenians struggling about at the time.
they got some bread and meat which the prisoner
Mr. Mckenzie: 1 have not the least doubt of it,
Laughter.
Cross-examined by Mr.. Fleming: Although he
appeared under the influence OF liquor, he could
sit on his horse very we'll HIS talk was not wild
| or extravagant. He appeared to have all ms
sense.
Wis as to the prisoners previous good character
He then proceeded to address the jury for the de-
| Tense. and in opening his remarks complained
that he had been forced into the trial by the
Crown counsel before he was ready to proceed, in.
asmuch as he had no witnesses in attendance. He
continued to argue that although the evidence
was certainly of n strong character, and possibly
| might be construed by the jury as exceedingly
preiudicial, still there was nothing to show that
| he came over here for the purpose OF levying wal
| against Canada.
| Mr. Mex enzie concluded his speech by static
that he did not offer any pallatiOn for the prison
| er's conduct, but he thought it very outrageous
/ and if convicted of this charge, the Crown woulC
/ no doubt Try him for obtaining money through
/ intimidation; which twas plain that be had done
| But he submitted that taking into consideration
| his youth, and that no evidence had been showI
of his intent to lay war the Queen, and that b.
| never entered Upper Canada, that they SHOULD
| find him guilty in the present indictment thu
/ giving the Crown an opportunity OF prosecutlnl
1 him for the offence he committed.
| His LOrdship then charged the jury, explaining
| to them the law under which the prisoner wa
| tried.
| Mr. Mckenzie said, suppose that ! were to TAX
| the same exceptions to your LOrdships charge a
| did in the previous case, with these further OBJ
| jectiOns:
First, that your Lordship should rot have tOlo
| the jury that the proof laid on the prisoner, L
| show his business in Canada on that occasion.
| Second That your LOrdship should not have
| so expressed yourself Can there be any doubt
| that the prisoner was, at any time, at Ridgcwa.
| or Fort Erie.
Third That your Lorlship should have direetee
the jury that the prisoner was riding on horsebacl
| between two and five o'clock in the evening cx
| traeting money from the people, was strong cyl
dence to go to the jury that his object plumber
and not public war, and that it laid on the Crow
to show, by direct evidence that be was connected
| with the Fenians.
| At ten minutes past two the jury returned in tn
| court with a verdict of guilty.