The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-03-26
SECOND EDITION
FROM WASHINGTON THIS AFTERNOON.

ESPECIAL DISPATCHES TO EVENING TELEGRAPH.l
WASHINGTON March 26.
Trial of American Citizens In Canada.
The following is the complete document
heretofore transmitted by the President to the
House, in compliance with resolution of that
body
TORONTO, March ll.-sir:-I have the honor
to inform you that the Court of Queens Bench
gave judgment on Saturday last in the case of
and that they have confirmed the conviction.
You will recollect that Patrick McGrath was
tried at the November court Qor participation
in the Fenian raid of June last, as a citizen of
the United states, and acquitted. AT the Janu-
anyot%er for the ssme on
British subject, To the latter Indictment re-
commended him to plead a plea Of dutrefois
dcqlUt besides pleading over to the felony. He
was convicted on the felony, and the question
raised on the plea of dlttrefos dcqu was reserved
by Mr.. Justice Morrison for the opinion of the
Court of Queens Bench.
Chief Justice Draper gave long and elabo-
rate Judgment in support of the views of the
Court. 1t certainly required an elaborate judg-
ment to sustain the views adopted by the Court
in this case am much disappointed, as not
withstanding the elaborate judgment delivered
by the Court my reason is not convinced of its
soHndness. The understanding heretofore
among lawyers has been that a man In this
country could not be placed twice in jeopardy
for the same ottense, and that it mattered
nothing whether the first acquittal was the re.
suit of technical difficulty, or an error of the
Judge. If the ohense was substantially the
same he could not be tried q second time. The
Court in this instance has departed from this
time-honored principle. There is no appeal;
so the matter must rest, The Judgment in this
case may be said to end the Fenian trials.
The results of the trials in which l was con-
cern ed are as tollOws:-
TRIED AT THE NOVEMBER Ass1zEs, 1866.
Acquitted-Da f. Lumsden, Benjamin
Parry, William D9ggan, Patrick McGrath,
Convicted-William Slavin, Daniel Whelan,
William Heyden, Thomas School, John Quin.
TRIED AT THE JANUARY AssrzEs, 1867.
Acquitted-John Grace, Frederick Fry, John
Smith, Patrick Kealing, James Diamond,
! George Matthews, James Donoghue, William
Baker. John Cooney, John Hughes, William
! Orr, Francis King, James Spalding, John
Moran, Henry Lave!ie, Peter Doyle.
Convicted-Pa Norton, Daniel Quinn,
Cooney, Michael Purtell, Patrick McGrath.
| James Burke, Timothy Kiey, Patrick o. Neill,
Thomas Hillawell, Bernard Dunn, owen Ken
| nedy, John Gallagher.
SO that there have been twenty two acquittals
and nineteen convictions. John III. Mechiean
was discharged, the grand jury having found no
The Rev. John Mcmahon and Robert B. Lynch
We're tried before was retained so that could
not include them in the list of prisoners de-
Tended by me; but after their con vction made
an application for a new trial in their behalf
The original number of Fenian prisoners
lodged in the military prison here was ninety
there have been but twenty. one convictions.
In summing up the result OF these eventful
State trials, 1T is due to you that should ac-
knowledge the valuable assistance received
from you throughout in suggesting proper
courses to be adopted, in getting up evidence,
and in securing the attendance OF witnesses al
| the several trials.
As considerable expense has been incurred
| in securing the attendance of the necessary
! witnesses at the court from the United States
and distant parts of Canada, it is but right tc
say, that without the attendance of these wit
nesses the defenses would have been a failure
| and many of the twenty-five acQuittals would
almost every case as the several witnesses were
sent for on my opinion that their attendance
was absolutely necessary to sustain the defenses
in the cases in which they were required tC
attend.
I feel bound to add that the duties you had to
discharge at this place in regard to the Fenian
trials were not of the most pleasant character
and required adroitness and prudence in deal
ing with them. When it became known that
the United States Government interested itself
in behalf of its own citizens incarcerated In
our Jals as Fen1ans, and intended to provide
counsel for such of them were INDECENT you
had to encounter the prejudice of the comnu.
nifty. but the prudent and the straightforward
course pursued by you in this matter helped to
remove these prejudices, and enabled you tc
carry out the end in view without diminishing
in the least the public and personal respect
which is due to you as the Consul of the United
States from the people among whom you live
have the honor to be, sir, your r,. o6edien
d. THURsTON, Esq, U. S. Consul, Toronto.
Opposed to Democrats.
Senator Cameron has no confidence in any
compromise and will oppose the confirmation
of any Democrat to Office in Pennsylvania.
The Fourth District AssessOrshIp.
Colonel Alexander Cummings, formerly o
the Evening Bulletin and New York World
now Governor of Colorado is a candidate fol
the Assessorship of this district, supported, il
is said, by Mr.. Seward, Secretary of State.
George H. Moore, formerly Clerk of the
Quarter Sessions, is here, and is reported t.
he urging his own claims for the Assessorship
Collector Of the Port.
Ex-Governor and ex-COllector William F
Johnston and John Welsh, late candidate fol-
Congress, are here, for the purpose of oppos
ing the appointment of Goodwin for the Col
l. l. i .