The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-04-10
THE ASSASSINATION OF NGEE.
SPECIAL TrLseMns TO the HERALD.

LIE ADDANNlNAllUN UT ID uLI
SPECIAL HlEeRAms TO THE HERALD.
Rxaninatien OF wAaien Before the Polio,
Court for the Murder Of McGee-The Tcsti
mony Against Him-He L. demanded q
Jail for Eight Days.
OTTAWA, April Q, 1858.
The assassination case was brought up before Police
Magistrate Martin O'Gara this morning at eleven
O'Clock, In the new Police Court House. adjoining the
| City Hall.
The prisoner whalen was brought I'm under guard
and placed in the dock direct charge Of the muir
der OF McGee which was laid before the authorities
last night He appeared somewhat worn and f.
| tigued, as II he had passed sleepless night, but
assumed an air Of apparent indifference. The court
room Is small and few people save the press and
those connected with the court gained sdmittance.
The news that Whaen would be tried before the
Police Court this morning was not generally known
throughout the city, and only about one hundred
people had gathered round the Court House when the
case opened. On the bench were Police Magistrate
Major H. J. Friel and Alderman Mosgrove.-
Mr.. O'Reilly Queens counsel, Recorder Of Kings.
ton, appeared on behalf OF the Crown. The police
magistrate read the Information to the prisoner,
who remained standing.
THE ACCUSATION.
The Information and complaint Of Edward John
O'Net o: the city Of Ottawa and Province Of Ontario
police officer, taken upon oath before the police
magistrate, set forth that on the 18th Of April the
prisoner, James whalen, did feloniously and with
malice aforethought kill and murder the Hon.
Thomas darcy MCGEE.
Police Magistrate to prisoner-Are you represented
by cOunselS
Prisoner docking round)-Not that am aware Of
TESTIMONY IN THE CASE.
Mr.. O'Reilly proceeded to call witnesses.
DR.. Van Cortland sworn, testfying as follows:-
Am Coroner; was called to hold an examination on
the body OF McGee was called at about three O'Clock
Tuesday morning. went to the Toronto House, in
Sparks street; there saw the body Of MCGEE lying
extended on the sidewalk, dead; saw q large
quantity of blood running from the body
down the sidewalk into the gutter. there was
quite SUFFICIENT blood to account for death; the
blood was issuing from the back part Of the
neck and from the mouth; 1 requested a person
standing near to turn the body over; then discov.
cred wound on the back Of the neck little to the
right; my opinion is the cause Of death was from
gunshot wound; found the bullet afterwards.
At the request Of the Queens counsel witness made
private mark on the bullet, which was then handed
to the detective who also made private mark on it
at the request OF the Queens counsel
Dr. McGilisray gave me the bullet on the morning
! was sent for, Immediately after he had examined
had on at the time Of the murder are now In my
charge; his cane here; was lying under his body
Of Ss chars e 10 mes
court, Dr. Van COurtlandt putting In request for
the bullet when the court was done with it.
Sergeant John John Wyld, p. G. o. Rifle Brigade,
company OF Ottawa, sworn-I know prisoner;
knew him first at Quebec by the name Of James Sui
Ivan; my regiment was then stationed in Quebec in
1885 and 1866; do not know what prisoner was en-
gagged In when first knew him; afterwards he was
employed as tailor in the regiment; he worked there
q ha xvo han
ed, along with another man, on suspicion Of being
Fenian; knew him also in the spring of 1866 cor
what company he was in; after his arrest and subse
quent discharge he left, and did not see him again
arrest do not know that he was arrested subsequent
to that time; saw him afterwards in Montreal.
Prisoner-Was it before went to the Citadel thatI
joined the cavalry
Witness-lt was before.
Prisoner-You say was arrested at the Citadel on
timer
Witness-You were released.
PrisOner-WaS found guityS
Witness-YOu were not found guilty; you were re-
leased.
TO Mr.. O'Reily-He was arrested for being in com.
pany with man who was ampering with the soldiers
William Graham swOrn-I am do0rkeeper in the
House Of Commons take tickets at the door OF the
gentemens gallery; saw the prisoner several times;
was engaged taking tickets on Monday night last;
my attention was attracted to the prisoner most partc
before, but was not acquainted with him; prisoner
visited the House Oftener on Monday night than ever
he went up and down four times; gave his ticket
each time; saw him that night In long conversation
With Patrick Buckley IN the Lobby Of the
ticket to me ABOUT nine O'Clock; came down short
time afterwards he kept himself In fdgety way the
whole evening; perhaps IL might be three-quarters
Of an hour after going down the first time till he
returned; he did not remain long in the galleries
the second time; think MCGEE was then addressing
the House; think 1t was about quarterpast twelve
O'Clock when he came up the last time; did not
tice anything peculiar in his appearance them do not
inE In uyol ndAr no I.AI nf limo .ah had
drabcolored clothes on at that time he wore tight
fitting pants l think; Mr.. MCGEE left the House at
twenty minutes past two O'Clock; did not notice
MCGEE leaving the House; left before him; do not
know from my own knowledge when MCGEE left,
only from hearsay; McGees coat and hat were kept
In the west lobby did not notice the prisoner 20 into
the west lobby that night
Prisoner-l0u say gave you four tickets at four
different times that nightS
Witness-Yes
Prisoner-who gave me those tcketsP
Witness-I do not know.
Prsoner-What time was IL when had the CONVEX
saton with Buckley
witness-Between nine and ten O'Clock.
PrisOner-Where were we standing when we were
talkings
Witness-At the main lobby door.
Prisoncr-Was anybody near at the timer
Witness-There was nobody but you two.
To Mr.. O'ReiIy--I did not notice any one coming
up the stairs with the prisoner.
To the Police Magstrate-Buckley was the only per-
son talking to the prisoner that night; each time
the prisoner went down from the gallery saw him
John O'Neill, sworn:-Am q detective onlcer; got
some information about the prisoner relative to the
murder Of MCGEE on the day Of the murder; went In
search Of the prisoner in company with detective
Cullen. OF the city police Of Montreal, and Sergeant
O'Donohoe, Of the water police Of Montreal, and
other officers; found him in the house OF Michael
| STAIRS about hafpast ten that night; from
| appearances he had Just gone into the
house; ] arrested him; I said to him first,
| "what is your namer He answered, 'James
whalea;' then said, "You are my prisoner;r had
previously received information that he had pistol;
therefore placed my hands each side Of his coat
pockets and said to him, LET me see what you have
| came up; allowed him to search the right hand
coat pocket while searched the left first having felt
lump In each Of the pockets; In the LEFT pocket
found box OF pistol cartridges, such as those used
In Smith Wesson's revolvers; those are the ones