Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-09-15
THE WHALEy TRIAL
He is Convicted of the Murder of D,Apcv

OTTowA, CANADA, Sept. 1.-THE Whalen
Sase was resumed this morning at nine o'clock.
Inc court room was de1sely crowded. Sir
John A. Mcdonald accepted a seat the bench,
Hon. John Hillard Cameron, counsel for the
defense, began his argument by alluding to a
strong prejudice existing against the prisoner
He said the evidence in the case consisted of
three kinds, viz: cIrcumstantlai, direct, and
tne admissions OF the prisoner. He pointed
out the danger Of reliance on the frst, and
quoted numerous examples. He considered
the circumstantiai evidence brought forward
IN the present case wholly unreliable, and
showed the improbability of the direct eyi.
dence given by Turner and Wade. He exam.
ined the evidence of Lacroix, aud showed how
improoabiei 1t was, and how unlikely it was that
ne should not have seen any one, or been seem
when there were number of people abroad al
every turn, and he had a considerable distance
TO 90 after leaving the scene Of the murder
DE spoke OF the admissions sworn to by Cullen,
and cited authority to show that such admis.
sions when received are received with the
misIepresented, from an imperfect hearing,
from forgetfulness, or from malice. He strong.
ly denounced the system of espionage kept
upon the prisoner, and expressed his confi-
dence in the fairness OF the jury. In closing
his speech he stated that Whalen had ayo we'd
his innocence TO him. The speech, which
lasted over two hours, was q very able one,
and produced great impression.
Mr.. Farley, counsel for the Crown, expressed
mis- sausfaction at the remarks which had fal.
len II ON Mr. Cameron regarding the fairness of
tue uidi. ne SAID Inc prisoner had been de.
Tended by the best talent in the Province, and
IL at the speech for the defence was one OF the
ablest ever delivered, and he cautioned the iury
not 70 De carried away by eloqIence, out to
Judge from the facts. He said that great pre-.
Jndice existed against crime, but not against
the prisoner, beyond his connection with
the crime. The learned counsel skerched
the career OF Whalen, beginning at Quebec,
under the assumed name of Sullivan; tracing
him 10 Montreal, and showing how he begged
along the streets to the steps of MIR. MCGEE. He
reviewed the evidence of various witnesses:
referred TO the pistol found on the prisoner
and to the threats he had made against Mr.
McGee's life. He showed the consistency of
Turner's evidence; it contained the story of the
same threats referred to by other witnesses.
He also referred to the evidence OF Wade that
these men met night after night to plot the death
OF McGee. The evide ice and the actions both
showed conspiracy. lhe conspirators had net
vet been reached, but the evidence before the
crown would track them to their dens. Mr.
Farley traced the prisoners whole conduct on
the night OF the murder; his restlessness while
MI M ctiee eloquently pleaded the case Of his
country: and when the words struck below
the belt were used, the prisoner shook his
hand, pass 1t over his breast, where the DIS.
tol was, and nodded to his confederate, La.
croix, an nniettered Frenchman, had seen the
deed committed, and he must be the greatest
genius that ever lived to invent such a story.
After recess the Judge charged the Jury, and
the court adjourned until tomorrow TO hear
verdict.
The Verdict.
OTTAWA, Sept. 15.-Tne Jury in the whelan
case have rendered q verdict of guilty, and
Whelan is thus convicted Of the murder of d.
Arcy MCGEE.