, 1870-07-16
THE FENIAL TRIALS,
General Starr and Colonel Thomp.
SON Found Guilty and ReceGn.
nendea to Mercy

sou ko0na G0kA&F ana k3eG&a-
mended to Mercy.
CAsAspAIorA, N. Z, July 13.-The Fenian
trial was resumed this morning ut I o'clock.
The District Attorney called Patrick Leahy, Of
+ Trout River. General Starr occupied room
| in his house on the 26th.
Tho witness not having arrived, General
starr asked permission to testify on his owu
behalf. The District Attorney objected, and
| the Court refused the request,
Hon, A. ]. Parker s1,d he had few points
to submit on behaliot the prisoner; that the
Judge should charge the jury: First, that
the words OF the statute, "begun and set on
| foot," do not apply to carrying on an expedi-
ton i; Eecond, t:.ese words arc not applicable to
| Buhordinatps joining an expedition after it is
any one joining an expedition to . foreign
! country; fourth, that the prisoner is not re-
| sponsb1e for acts done in foreign country,
! nor does the statute apply to Buch-
Judge Woodruff in charging the Jury allud-
ed to the importance Of the case ~ involving
| security. He concided with the prisoners
counsel that acts done IN a foreign territory
| we're not within the Jurisdiction OF the court.
| Such acts, however, might be considered as
| explaining and showing the object OF an e1pe-
dition organized in the States II the priao-
| tary expedition from the States into C1nada,
they must find lin guilty. lie then reviewed
the testimony to Starr's arriving on the
ground and making speech to the men; and
/ Dir. GriLne1(s evidence Is to its cub
stance was sufficiently clear. He read state
men ments in.oI';n IN nGtralo papers, and charged
| Starr made forward movement from
Trout River in order to prevent the United
States troops from breaking up the cxpcdi-
| hon. The life and history of the prisoner, he
| said, excites sympathy in the minis OF the
| Jurors, aud also III lis own mind, but lie deep
| Is regretted that ito should devote his bravery
and military position to give character and in
! Apiratinn to 90 deEraceful an enterprise.
Nr. Faurot asked the Cont to charge that
| the prisoner, ii others set On foot tie expedi-
| tion unknown to him, was not responsible.
| Judge Woodruff did not see that tho case
warranted such charge.
Hon. 4. J. Parker said he wished it under
stood that the defence took exceptions to the
points in the Judges charge which were not
in accordance with the points requested to be
charged.
The Judge noted the objections. but said
there was no bill Of exceptions allowed in such
caeca.
The jury then retired to consider their YER
| dict.
| Thompson'a case was called on, and Mr..
Parker renewed his application for post.
| ponement until the fall sitting on the ground
! OF the importance Of the case. He wished to
put it in guch shape al to leave the way opeu
for q review Of judgment by n higher court
Tie case Was being tried IN the interest Of the
British Government
The Judge said the trial was not in tho in
terest OF tho British Government, but to
maintain the Laws OF their country. He could
not grant an adjournment.
The District Attorney suggested that the
| prisoners counsel Hhou1d move an arrest Of
Judgment in case of conviction, but refused
| to consent to suspension Of sentence.
TIA f<&1f1 {St.% IL.
challenges By tie defence: Seth Stanley, Mar
shall Mcleod, Jasper Thompson, T. E. Rich
a1dson, J. I. Johneon, Milton Warner, E. c.
Green. E,ouis Wiley, G. Spear, c. f. Held, C..
H. Wiitu1r and A. Babbitt-
3lr. Sicard opened The case in speech kim-
liar to that OF yesterdays, quoting statutes.
and denouneing Fenianism as tending to cause
irritation between the American anu British
Governments.
Patrick Shields, Of Malone, stated that
Tuesday or Wednesday before tho fight he
saw the prisoner, Thompson. in Ferguson's
honee at Malone; he saW him at the camp on
the American side Thursday morning; Thomp-
eon was around with tho men giving orders
and forming them into companies; some
were in uniform; saw him at Malone after
wards, when lie admitted having been in a
fight; he told witnesa that tia hat be got OF
Inn Was not disgraced; they traded hats be-
fore Thompson went to the front; vas ar
rested yesterday by tho Marshal On an order
Of the District Attorney because he did not
identify the prisoner; was in custody about
twenty minutes.
Fat seahy, of Trout River, saw the prisoner
tie Wednesday aud Thursday before the fight
Thompson was drilling the men he wore a
sword; tho men we're in uniform; saw Thoup-
eon leave With the Fenians FritlAy morning.
Rev. Stanton Fort, Of Coyington, N. T.,
knew tie prisoner; saw him at Trout River
on Thursday with armed men On the Canadian
side.
Here the Jury in tho Starr case came in and
| asked If taking the command in Canada would
amount to setting On foot the expedition.
His Honor instructed them th9t the evidence
Starr to this side.
The jury retired.
C.J. Hall and Rev. J. J. Henry gave aimi-
lar evidence; were introduced to Colonel
Thompson.
4. r. Mcleod saw Thompson with troops
the mil1i by Ted-coats be means. volunteers;
the regulars At first fired regular vo1teyB, last
ing about fifteen minutes; Thompson Was in
citizens dress.
The jury in the Starr case came in again and
naked for the newspaper evidence. The Judge
said it WAS not the usual practice, but by his
order it waB read to them by the. District At
tosney, J. B. Hamilton.
N. n. Smith, Custom House officer 1t Trout
River, SAW the prisoner coming with men after
Canada in body IN irregular order; the p1is-
onet tried to stop the mo1. and form them into
line; failed to do it, aud threatened to shoot
the first man that went over tho line had =
Pistol in his hand; saw Fenian with gun in
Aand who said he would have one ahot to see
the effect; think it was Thompson; got no
command to come hero from tho government !;
don't suppose they know an here
Judge Parker aeked the Court to decide that
the only question az to the beginning and set
ting on foot that there is no evidence "a to
preparing and providing means.
Mr., Doraheimer suggested that he hsd per-
soma. arms and wagons Immediately following
him; be Was also active III getting rations-
Judge Parker differed as to the evidence Oh
this point, and witness soahy Vas recalled
| that boxes we're opened in Thompsons pres
ence, but he did not open any saw men open
boxes.
Judge Parker then opened the case for The
| prisoner. He said be had q right to fair
| trial as we'll as any ono else, and even better,
had, who joined the army az 8 sergeant, aud
| rose step By step until bteyeted major He
| NaB taken prisoner at Fredericksburg, and lay
/ in Libby three months. He VAS wounded 1t
the battle Of the Wilderness. man of this
was member Of tho Fenian organization.
Judge Parker here offered proof q the pris-
oner ueye1 having been q member of the
| Fenian organization. .....
Nj. Doraheimer objected, and the objection
waB sustained.
Henry shuller, Of Albany, was called for the
defence. Knew the prisoner in 1861; served
with him.
Mr. Dorahe,mcr objected to this evidence,
that it Was incompetent.
The Witneas-knew several acts OF service !;
could speak Of general character.
Judge Parker wished to prove the prisoner
/ keyFed huuorablr in the army. His Honor sai1