The Portland daily press., 1868-05-02


FRIDAY The case of United States, by indict-
ment, VS. William Roy, of PASSPORT, for Selling and
destroying the schooner Two Friends in Passama-
quoddy bay, May l. 1866, was called up. Roy was
arraigned and plea not guilty. Messrs L. D. M.
Sweat, Bradbury & Bradbury and G. G. Hopkins
appeared for the prisoner and District Attorney Tai
bot for the United States.
A jury was empanneed. and it was then discov-
cred that one count in the indictment charged him
with piracy, which is capital offence and, there
fore, the jury not properly formed the prison
er had not his rights in challenging, &c., which are
allowed in capital cases.
District Attorney Talbot then mol pressed the third
count in the Indictment, which charged Roy with
piracy. Counsel for prisoner objected.
Roy was then arraigned on the first and second
counts, and pleaded not guilty.
Counsel for prisoner then objected to the trial be-
ing proceeded with, and considerable discussion en-
sued .U.
1t was commended by counsel for prisoner that the
District Attorney had right to mol pros after the
jury had been formed and the trial pr9cee- ed WITH
and claimed that the prisoner should be discharged
Judge Clifford was called in for consultation, and
he sustained the point taken by counsel for prisoner
that the jury was improperly empanneled, and that
the power of the District Attorney to mol pros in
capital case did not exist after the trial had COM
meneed.
Judge Clifford suggested that, as all the previous
proceed ngs were void, the District Attorney should
mol pros the first and third counts and proceedings
de noro, and Roy be tried upon the second
count, which charges him with attempting with
others, the destruction of the schooner Two Friends
by boring holes through the bottom, by which
she filled and sunk.
The District Attorney adopted the suggestion of
Judge Clifford, and mol pressed the first and third
counts in the indictment. The trial was then pro-
ceeded with before Judge Fox.
The first witness called was the owner and COM
mander of the schooner Two Friends, Capt. Isaac
Colson, Jr. His testimony was to the purport that
after the Feuian raid in Passamaquoddy bay in 1866,
his schooner hired for the purpose as was stated
to him, of taking some 40 or so Fenians from East
port to Lubec, in order that they might 90 to Ma
chas on their way West When the men came down
to his vessel he discovered that they all armed
with rifles, and he refused to take them. But they
compelled him to, and his testimony was that Roy
was one of those who threatened him. Instead OF
going to Lubec the men, by threats compelled Capt.
Colson to steer his little vessel through the
and out by West Quoddy entrance The men then
proclaimed their intention OF going to Digby, Roy
declaring he knew where the British gold was,
After getting out by West Quoddy head, there were
appearances OF storm, and the men were fright
ened, the vessel being very small and owe crowded.
At length large schooner discovered, the Win
throp, of Windsor, N. S. The Two Friends was put
for the Winthrop and ran up to her. The men
jumped on board, and when Capt. Colson refused to
leave his vessel he thrown on board the other
His own vessel was then scuted in spite Of his en-
treaties, that his property might be saved. During
that night the Fenians abandoned their contemplate
ed enterprise and ran the British schooner into a
harbor.
The cross examination of Capt Colson was COM
menced but not finished at the adjournment