The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-07-13
THE FENIAN TRIALS
Trial Of General Starr at Canandaigua-Empan
Cling Jury-The Case for the Prosecution
Opened by the District Attorney-Arrest
ola Witness on Charge Of Perjury.

CANANDAIGUA, July IL, 1870
The Fenians' trial commenced at eleven O'Clock
this morning. About nfty witnesses from Malone
and Vicinity have been subp@naed. General Starr
does not intend to call witnesses for his defence but
rely upon the prosecution being unable TO make out
case against him. He is rather despondent
The District Attorney moved tho Indictment
against Owen J. Starr. ]. p. Faurot COUNSEL for
General Starr, said he appeared Unexpectedly for
Starr at half an hours notice. His counsel woald
be present to-day, but in his absence he had under
taken this case lie would be prepared at two
O'Clock, and was DESTROYS for 1t to proceed.
The Judge said the defence could not claim o
postponement by right. He gave them until two
O'Clock P. II.
u. Parker, Of Albany made application in be-
half OF w. T. Thompson for an ADJOURN ent until the
fan session OF the court at Albany, and read an
anfdavit that he was unprepared to proceed owing
to the absence OF one Torrance j. QUINN who sailed
for France May 2s. The District Attorney said the
case had been postponed once. The Judge said ne
was not satisfied with the affidavit.
The following Jurors were called in the Starr
case:-Robert R. CrOwell, Luxe Johnson, William
Pratt, Lyman G. Lapham, Nelson Ogden W. d. Bur-
rel, Robert B. Ferguson, James B. Flower, Robert
A. Johnson, William Meade, william Thatcher,
James worthington and Clark Recks. All are far
mers with two or three exceptions, and above the
average in point of responsibility and intelligence
Mr.. Faurot questioned them severaliy as TO whether
they had read heard the particulars OF the raid.
They severaIly replied that they had read the news
paper reports, but that they had left no impression
their minds to the culpabiy Of the prisoners.
Mr.. Faurot asked the jury II they had any preju-
dices Of opinion as to the right OF wrong of the Fenan
invasion.
The District Attorney objected.
The Judge-You m glt az weii ask II they had any
prejudices as to the right or wrong oil any other
crime.
Glr. Faurot to the jury--From what you read In the
papers did your mind receive any impression as 10
the justice OF the cause or the guilt or Innocence or
The District Attorney objected
Mi. FauTo.-ila5 IL lef. any impression as TO the
prisoners guilt or tunoc -ncef
The JuroTs-No, sif.
Tue defence was declared entitled TO 1--WE pereup-
tory chal enges aud the Prosecution to two
The defence challenged percmptorily Lake john
son, Lyman Lapham, Robert Johnson and William
me following fresh jurors were then called:-Ira
r. Peck, challenged by the defence, and James Wat
ling, challenged by the prosecution Gould Birseye
J. s. Lovelandg and Henry Osborn, all farmers were
accepted. Jacob Warder admitted his mind had re-
ce:vsd az impression that starr at the locality
OF the raid, but ne was not conscious Of any preju-
dice. Challenged by the defence ana Overroled
The jury were then sworn in. Tie court resumed
shortly after two O'clock and the jury having az.
swefed To their names the Deputy District Attorney
proceeded 10 open tae case. it became, he sa,d h,
ent agains oven Starr for breach OF the Neutrality
law. II Was dcty he would discharge briefly and
lie trusted, win Spirit Of moderation. la view Of
tn extraordinary circumstances attending ie crime
charged, the Indictment was framed under section
SIX Of the act OF Congress passed IN lS18 BE drew
attention to ths date on which that law, passed for
the preservation o. eace, was enacted IL was when
this now great country was IN lts Infancy and had
passed through the drea lul ordeal Of war; He then
fead ne section OF the act which provides that Il
an person begun, set on foot, provided or PIC
pared means for hostile expedition from the
tat A, "A
province, &c, with whom the United States ut
peace, under that statute he would claim verdict,
ina much as an expedition was organized OH tho
border line, between the State OF New York ana the
Province OF Quebec, ana he could connect Owen
o WIN He Womb eap ss the 1 s rs tne
jury that under this act that constitutes "settng
loot hostile expedition" The crime was an extra
ordinary one; but 1t mad happened once before.
similar expedition, enacted by similar oreanizl-
iion had actually entered Canada
The prisoners counsel objected to the statement OF
former acts, but 1t WAS allowed by the Judge.
The counsel went on to ask the jury 10 give their
very serious consideration to this matter, as the ex-
peditiOn was one OF very serious nature, and likely
to bring the country into disastrous warfare. 1T
was vital to the interests OF the country that peace
should be maintained consistently with Its dignity.
1t was question That came home TO every indi-
vidual 1t was national crime also, as well as
jury would remember in May, 1870 the public press
stated that large bodies OF men, with concentrated
forces, were proceeding northward towards ne
Canada border, and that numerous bodies i;
moving from place 10 place along that Lne 10
would not be able to prove exactly the number pre-.
sent 1t might be few nunfreg Or q few
fp0usaDd. There were enough, however, 10 IN
timidate the border Canadians. The men were
encamped fey days aud moved across to the
Trout river. There Nele Two divisions, one IA
CANADA and Qne 1T the States. On Thursday, May
30, General Starr appeared at Malone and was fur
to the men by the officer OF the day in
as General Starr. Friday morning the
Inflated expedition was led across the border by
General Starr. AT tn; first ffe they threw down
their AIMS and Ged. No other evidence except
that OF two editors OF Buffalo papers, 10 whom Starr
has stated enough to convict him under The undlcE
Ment II was time to teach these gentry, 50 1yld
OF pratlfg OF ther Country, and SO ready 70 avehge
its wrongs on peaceful and uDolepdlng colony
that, while on American SOL aid protected by ,tj
Lhey must respect is relations with It's
ncIehbofs. He asked the jury TO yindicate the
majesty and power Of the country, which has been
MI. Clinton stevens OF Ml!one, was the nrst W.T.
ness Called He krey Starr; saw him ut Malone, |
May 81; started with Starr s0r Trout rivers did not
lcmemher hearing him order any men forward
heard hin advise squad 10 return. Nothing CT
great importance was eiiclted from this witness.
Several other witnesses were called, but their evil
dence was not very strong. with the exception Of
the Canadian witnesses.
Patrick II. Shields, one OF the witnesses produced
against starr, was arrested Immediately after giving
his testimony by the District Attorneys ORDER on
charge u perjury owing TO variance In his tcstl-
tnony to-day With that given before the Grand Jury.
The defence VAL open tomorrow,
aaA.- -.
CURIOUS CASES 0y s:T!SDl'Na IN GOMEZ