impadique, and had been in prison for assault, &c., &c. This testimony you have already read in the newspapers. The character of this man is now known to the government and to the world at large. I have no doubt, from what I know of the man, that his mother's evidence is true. Is this Ryle the person that the Crown could rely on to tell the truth, the whole truth, and nothing but the truth," in case involving life and death to others, but to himself immunity from deserved punishment, which, if he received no other, would certainly be a great reward? Informers generally are well paid. How could any just man, believing in right and wrong, and in the sacredness of an oath, and in the truth of the Bible, put that sacred volume into this wretched man's hand, and, in an open court of justice, administer to him a solemn oath, knowing that that man had been already proved by the testimony of his own mother to be a habitual liar, and not to be believed on his oath. If anything could be added to strengthen this position we could say that this man had a strong motive, but a base one, to swear falsely against others, for by it he had nothing to lose and everything to gain. I know that governments of some countries have used base means to convict political offenders by any and every expediency; but is it wise here, and at this time, to imitate their course of proceeding? The permanent basis of every throne is justice, truth, and honor. This man Ryle also swears that he is going to give evidence against others of his fellow-prisoners. Will not convictions supported by such evidence rob the courts and juries of their wonted esteem, and, in the public mind, convert convicts into martyrs of perjury. Honorable witnesses, on the contrary, lend to courts of justice the sanction and approbation of all good men. The eyes of America and Europe are upon us. The proceedings of our courts will form a page in our Canadian history; therefore, let us so act that no stain may fall on it from the mouth of a perjured villain who was even encouraged by law officers of the Crown. Our troubles may now only be commencing. So far, patience, justice, and patriotism, and mercy too, have reigned successfully. Let their empire continue, and, come weal come woe, the government must triumph, if it pursue the right course. But if the ministers of the Crown will continue to make use of such vile tools as Ryle and Milligan to further the ends of justice, then Canada will be despised both at present and in the future. I do not wish to see the course of justice hindered or interrupted, but I do solemnly protest against the polluting its pure stream by pouring into it the dregs of iniquity and perjury. Ryle was urged by certain employés of the government in the jail at Toronto to turn informer against some of the prisoners there. This fact Ryle attested on his oath, if it can be believed. I know myself that promises were held out to him and to others to induce them to make such statements as would convict some of their fellow-prisoners. In the court, at the trial of Rev. Mr. McMahon, it could be easily perceived that the memory of some witness had been constantly jogged, and answers suggested by the Crown attorney from documents previously written and held in his hand. I know, also, that this unfortunate Ryle declared solemnly that he knew none of his fellow-prisoners till he met them in the jail. There is another witness of disreputable character, Milligan. This man had to fly from Canada quickly, as he declared on oath, and returned to its borders, Fort Erie. He passed the evening before the raid in a saloon, and the next morning drank half a dozen glasses of whiskey before 7 a. m. with the Fenians, and intoxicated, or nearly so, as he must have been, he swore that he saw the priest carrying a revolver, a most unlikely thing, which two decent witnesses for the Crown saw nothing of. This Milligan's evidence will also disgrace justice and outrage morality if it be used again in court. I therefore, honorable and dear sir, entreat you as the chief representative of our courts of justice, by the demands of religion, that abhors the profanation of the words "so help me God;" by the honor of the Queen, our most gracious and sovereign lodge; by the memory of our young and gallant heroes who do not want their blood to be avenged by means of base and known perjury, do not, honorable sir, permit the sanctity of our courts to be defiled by such witnesses as Ryle and Milligan. Judge Wilson, in his charge to the jury in Lynch's trial, thus expressed himself concerning Ryle's evidence, (Globe report,) "His lordship went on to speak of Ryle, who was, he said, at least an accomplice; and it has been the rule always to say, that unless the testimony of an accomplice is corroborated, it is not safe to rely on it for conviction. And in the present instance even on another ground, that of the man's character, he appeared to be of bad character, and hence it would be safer, perhaps, to throw his evidence altogether out, and pay no attention to it. Nevertheless, it is there as evidence and subject to your remarks." As religion cannot sanction the profanation of an cath, or tendering an oath to a known perjurer, I, in her name, enter my solemn protest against Byle's being again sworn on the Bible or in any other way. An oath in his mouth is profanation and blasphemy. It will degrade us in the eyes of all men if such a scoundrel as Ryle is proven to be should be again permitted to take an oath and his evidence received as testimony against any person. I beg leave to say, that I have some claims to be heard in the present state of our affairs. I have labored hard, not, indeed, with great publicity, but with no less success, to keep our people loyal and peaceable. If a few individuals have manifested a disposition to be disloyal to the English government, none have been found disloyal to this. In pursuing my course of peace making, I consider it my duty to make to you, honorable sir, these candid and respectful remarks. If we have denunciations for poor misguided people, we should have at least respectful remonstrances for the great and powerful not to fall under the curse of those that have "two weights and measures. Leaving to your just and statesmanlike consideration to save us from an outrage on morality, and from a disgrace on the country, I have the honor to be, honorable and dear sir, with the highest consideration, yours, sincerely, Mr. Thurston to Mr. McDonald. UNITED STATES CONSULATE, SIR: I have the honor to enclose herewith a copy of a despatch received to-day from the honorable W. H. Seward, Secretary of State of the United States of America, together with a copy of a despatch enclosed therein to Sir F. W. Bruce, the British mininster at Washington. I am instructed by the honorable Secretary of State to ask of the government of Canada a copy of the records, &c., of the trial and conviction of Lynch and McMahon, two persons indicted as American citizens, who were tried and convicted at the present session of the court of oyer and terminer in this city, charged with being concerned in the Fenian raid at Fort Erie, June 1, 1866; and also of all further trials and convictions of a similar character which shall take place in Canada. In obedience to the instructions of the Hon. Secretary of State, I have most respectfully to ask of you to forward to this consulate, at your ealiest convenience copies of the records, &c., for the uses and purposes I have had the honor to make known. I am, sir, with much respect, your obedient servant, Hon. JOHN A. MCDONALD, Attorney General, &c., Ottawa. D. THURSTON, United States Consul. No. 138.] No. 54. Mr. Thurston to Mr. Seward. UNITED STATES CONSULATE, SIR: It is with unfeigned pleasure that I announce to the department the acquittal of D. F. Lumsden, the Episcopal clergyman, who was tried on Saturday at the assizes here, charged with being chaplain to the Fenian force, on the first of June, 1866. Last Friday week I was visiting the prisoners at the jail, and called on Lumsden, whose trial was to come off the next day. Mr. Lumsden informed me to my surprise that no witnesses had been summoned for his defence, and that the only hope of an acquittal was the plea of the counsel and the cross-examination of the witnesses. I remarked that his case seemed hopeless to me, especially as the jury had convicted the priest McMahon, on slighter evidence of complicity than I understood could be produced in his case. Lumsden said he was an American citizen, entirely destitute of means, and was unable to procure the attendance of witnesses from the other side, and asked me if I would do so. I replied that by the instructions of the department I felt authorized to do so, from the belief that if he was put on his trial without certain evidence, he would, without any doubt, be convicted. His wife, who was in the cell with him at the time, expressed great anxiety that some effort should be made to obtain evidence of his innocence. Everything in this man's history and antecedents led me to believe that, though guilty of great indiscretion, he was innocent of any intention to do wrong, and I said to him I would consult with his counsel, Mr. M. C. Cameron, who had volunteered to defend him, and learn what could be done in regard to postponing his trial. I called on Mr. Cameron that evening and arranged with him that he should make application for a postponement the next day, and if possible have the trial deferred until the next week, and I would endeavor to procure the attendance of the necessary witnesses by that time. Accordingly the motion was made by Mr. Cameron the next day, and after much opposition the trial was postponed until yesterday, the third of November. During the week I was enabled to induce the attendance of the Right Reverend Bishop Cox, Dr. Trowbridge, and others, of the city of Buffalo; Colonel Thomas, of that city; Rev. Mr. Hills, Dr. Fuller, and two others from Syracuse, and some others from Michigan, who were present in court at the trial. The moral effect of so many of the most respectable citizens of the several localities to which they belonged was very favorable to the prisoner. On the trial of Lynch and McMahon there were no witnesses except parties who were charged with the same crime for which they were tried. But in Lumsden's case men of respectability and position came forward and lent their social and moral influence to his defence. The result, I am happy to say, was an acquittal, and I am the more gratified with this result from my serious conviction that if Mr. Lumsden had gone to trial on the day assigned for it he would unquestionably have been convicted and sentenced to death. It was the effort made to procure the proper testimony which was successful; that was the means of his acquittal. I had the honor to announce to the department the arrival of Mr. Devlin, of Montreal, in this city, who had been engaged by Mr. Roberts to assist in the defence of the prisoners, and that I had instructed counsel to decline open association, for reasons which I also gave. I would respectfully say that I was influenced in this decision by the advice of Mr. Emmons and the counsel who were present at a consultation with Mr. Devlin, and that this decision was made at their suggestion. According to law and custom no person not regularly called to the bar of Upper Canada can be permitted to plead in the courts of this province, and this law would exclude Mr. Devlin from taking any part in their trials. I have acted in this matter with the strongest desire to place the government in no false position; but while endeavoring to assist the citizens of the United States in every possible manner, I have desired to avoid any act which would be considered unfriendly to the Canadian government. I have devoted much time and labor to learn the history of the men confined as Fenian prisoners, and I am satisfied that many of them must be discharged for want of sufficient evidence to convict them. I have telegraphed and sent parties to procure evidence, and I am gratified to say that, owing to my exertions to bring witnesses from Cincinnati, Benjamin Perry, whose case I have frequently mentioned to the department, was this day tried and acquitted. Perry was quite young, not more than sixteen years old, and his acquittal is another triumph for justice and right. Yesterday (Sunday) I visited the jail and had a long interview with Lynch and McMahon. Both of the parties propose making application for a new trial. I have the honor to transmit a statement made by Lynch and McMahon, in which they deny having any connection with the Fenian order, and desire me to lay the statement before the government. I beg leave to say that thus far no assistance has been given the prisoners by the Fenians, either to procure evidence or comforts. I hope to be able to report very soon the acquittal of those prisoners for whom I have been able to procure the attendance of witnesses, and I trust you will approve of my proceedings. I herewith enclose the report of Mr. Mackenzie up to to-day. I am, with great respect, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, Washington. D. THURSTON, United States Consul. Mr. Mackenzie to Mr. Thurston. TORONTO, November 3, 1866. SIR: I beg to inform you that the grand jury yesterday presented true bills against the following Fenian prisoners, namely: Thomas Cooney, Thomas School, John O'Conner, and William Duggan, who severally pleaded not guilty to the indictments. Their trials are appointed to take place on the following days: I have also to inform you that there are counts in the indictments against the prisoners above named, charging them both as citizens of the United States and as British subjects; and that I moved the court to quash the indictments on the ground of misjoinder of counts; but the court doubtingly refused to entertain the motion. I then informed the court and the counsel for the Crown that I should move the court at the commencement of each trial to compel the counsel for the Crown to elect on which set of counts they should proceed. I have the honor to be, sir, your obedient servant, D. THURSTON, Esq., United States Consul, Toronto, C. W. K. MACKENZIE. Mr. Mackenzie to Mr. Thurston. TORONTO, November 5, 1866. SIR: I have the honor to inform you that David F. Lumsden, a minister of the Episcopal church of the United States, was tried on Saturday before Mr. Justice John Wilson on a charge of complicity in the raid at Fort Erie on the first and second of June last, and that he was acquitted by the jury and released from his imprisonment by the court. I cannot help adding that I consider his acquittal in a great measure due to the prompt and energetic measures taken by yourself in getting the trial postponed from the 26th day of October to the 3d of November, and procuring the attendance of the respectable witnesses from the United States, who gave evidence in his favor at the trial. Had he been tried on Friday, the 26th day of October, as was contemplated, without those witnesses, he would, in my opinion, have been convicted. In all likelihood Benjamin Perry and Thomas Drummond will be placed on their trial today. The result will be communicated to you in due time. I have the honor to be, sir, your obedient servant, D. THURSTON, Esq., United States Consul, Toronto, C. W. K. MACKENZIE. Mr. Mackenzie to Mr. Thurston. TORONTO, November 6, 1866. SIR: I have the honor to inform you that Benjamin Perry, one of the Fenian prisoners, a native of Cincinnati, was tried yesterday before Mr. Justice John Wilson, on a charge of complicity in the raid at Fort Erie on the first and second days of June last, and that the jury returned a verdict of "not guilty," and he was at once liberated by order of the court. The judge's charge was against Perry, but the jury took a rational and considerate view of the case and acquitted him. The cases of William Slaven and Daniel Drummond will, in all probability, be brought before the court to-day. I have the honor to be, sir, your very obedient servant, D. THURSTON, Esq., United States Consul, Toronto. K. MACKENZIE. Mr. Lynch to D. Thurston. MILITARY PRISON, Toronto, Canada, November 5, 1866. SIR: I have the honor to transmit you herewith a statement from the Rev. John McMahon and myself, American citizens, under sentence of death, and to be executed on the 13th of December next, in this city, and beg respectfully that you will lay the same before our gov ernment. Our case being a peculiar one, having no military connection with the Fenian raid or inrasion of Canada, we trust will receive the special attention of our government, and that a request may be made on the Canadian government for our pardon and release. Those statements will be supported by affidavits that were not admissible on the trials. I have the honor to be, sir, your obedient servant, D. THURSTON, Esq., United States Consul, Toronto, Canada. ROBERT BLOSSE LYNCH. Statement of Robert Blosse Lynch, of Louisville, Kentucky, United States. MILITARY PRISON, Toronto, November 5, 1866. I was employed by James McDermott, esq., of Louisville, Kentucky, to proceed with the Fenians of that city to Buffalo, and report to him the incidents of the Fenian campaign in Canada, which he was to revise and publish in the Louisville Courier, omitting any part that he thought should not be made public. Mr. Mc. is the adjutant general, Fenian Brotherhood, State of Kentucky, and I have his affidavit to this effect. I crossed the river at Buffalo for Fort Erie, reported to Colonel Starr my business, and required of him transportation with the Fenians; this he could not furnish me with, but recommended I should proceed to Buffalo and hire a conveyance; while proceeding for the purpose to the ferry I was arrested. I state now that I came to Canada as a peaceable American citizen, in pursuit of my legiti mate business, and that by no act of mine have I violated the laws of that colony or interfered with any of its citizens. ROBERT BLOSSE LYNCH, Louisville, Kentucky, United States. Statement of the Rev. John McMahon, P. P., of Anderson, Madison county, Indiana, United States. I left Anderson on Wednesday evening, May 30, 1866, en route for Montreal, on business connected with the affairs of my late brother, Peter McMahon, of that city. I stopped at the Franklin House, Buffalo, where I arrived on Thursday evening, the 31st of May. On Friday morning, June 1, visited Mr. Maurice and Daniel Vaughan, and other friends. Between nine and ten o'clock a. m., on that day, I was accompanied by Mr. Daniel Vaughan on the street cars to the ferry, across the Niagara river to Fort Erie, for the purpose of taking the Grand Trunk railroad to Montreal. On my way to the railroad office I was met by a party of men, Fenians, who, I understood, had then possession of Fort Erie; those men took me for a British spy, (disguised as a priest ;) I explained to them who I was, what I was, and where I was going, and when there, satisfied I was a Roman Catholic priest, they insisted on my going with them to their camp, and accompanying them as their chaplain; no excuse, no remonstrance would be taken. They had neither a priest nor a doctor, and I was forced to go with them. I did so, most reluctantly. Went to the battle-field at Ridgeway; exposed myself in the field, attending to the wounded of both the British and the Fenians; giving spiritual comfort to the dying, and doing every act of kindness and charity to my fellow-man without distinction of party or creed. I remained on the battle-ground at Ridgeway until the last man was cared for and taken off the ground. I then proceeded to Fort Erie, and came up with the rear of the Fenians at that place. Again, during the skirmish there, I was called on to perform the same office to the dying and wounded. On Saturday night I took lodging in the house of a Mr. McCarty. On Sunday morning, when the Fenians had recrossed the river to Buffalo, I remained at Fort Erie for the purpose of resuming my journey to Montreal, and while waiting and having the dead collected and decently interred, I was arrested by a party of British soldiers of the forty-seventh regiment; since which time, June 3, I have been held a prisoner by the Canadian authorities. JOHN MCMAHON, P. P., Anderson, Madison county, Indiana, United States. Ex. Doc. 42- -6 |