Some 21 Fenian prisoners were brought in at the same time, and they were conducted to the jail by a company of soldiers stationed in the city. Saturday was set apart by the authorities for the public funeral of those citizens of Toronto who were slain at Ridgeway. The bodies were exposed to view at the drill shed during the forenoon, and extensive preparations were made to give a distinct and general expression of respect to the memories of those who had thus fallen. It is reported that in the afternoon of yesterday many towns and corporations throughout Western Canada united in this testimony, by tolling their bells, flying flags at half-mast, and closing their stores and places of business for the day. In Toronto the dead were followed to the grave by large bodies of soldiers and an immense assemblage of citizens. Business was suspended for the day, and the whole city united in paying this tribute of sorrow, sympathy, and admiration to those who died to defend the country against the attacks of the Fenians. The reports which are continually coming in of the crossing of the Fenians. at various points along the whole frontier east and west, keep up the excitement and alarm which has continued since Friday last, and although the intense feeling of alarm has somewhat subsided, there is no appreciable diminution of the eagerness with which every "extra" is purchased by the people. Troops are continually arriving and are being sent to some point supposed to be open to an attack. Tuesday morning, in consequence of intelligence received from Montreal, one thousand men stationed here were sent off to that city, and sufficient numbers I am informed arrived here during the day to supply their place. At this writing everything is quiet, and the reports of the exertions of the United States officers to protect the frontier increase the confidence and calm the excitement of citizens. Up to this moment no other important intelligence has arrived. I will endeavor to keep the department advised of any occurrence in my district of moment. With great respect, I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, &c., &c., &c. D. THURSTON, United States Consul. No. 117.] No. 42. Mr. Thurston to Mr. Seward. UNITED STATES CONSULATE, SIR: I have the honor to inform you that Dillon, Ellis, Canney, and Kirk were two or three days ago discharged from prison by the Canadian government. These parties were American citizens, arrested at Fort Erie on the charge of being engaged in the Fenian raid, and discharged on the evidence submitted of their innocence. With respect, I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, &c., &c., &c. United States Consul. No. 43. Mr. Seward to Mr. Thurston. No. 83.] DEPARTMENT OF STATE, SIR: I transmit herewith a copy of a *letter addressed to the President by Patrick O. Malley, now in durance at the Toronto jail, under suspicion of having been implicated in the late Fenian raid upon Canada, in which the writer complains of a want of attention on your part in behalf of himself and other naturalized American citizens confined with him, and of certain language alleged to have been used by you on the occasion of a visit to the jail. You will please render a full explanation of the matter to the department at your earliest convenience. I am, sir, your obedient servant, I take this opportunity to inform the department that it has been reported that the trial of the Fenian prisoners will take place during the next month by the civil courts. There are among the prisoners several boys of the ages of fourteen to sixteen, who are destitute of means and apparently of friends. That they were enticed to follow the Fenians from the several cities where they resided to Buffalo, under promises of large remuneration for their services, as cooks and servants, I think can be proved beyond all doubt. They are, or claim to be, American citizens, and it seems necessary that some means should be instituted to procure them counsel for defence, or that, under the circumstances, a demand should be made for their release. Both the government and the people here are under great apprehensions that an attack is to be made on this province within a very few days. Several regiments of soldiers heve been sent to the front within the week, and the expectation of a raid has had a depressing effect on business, and has somewhat exasperated public sentiment in relation to the Fenian prisoners. I know not what course the government intend to pursue towards the whole number of prisononers, but it can scarcely be compatible with the dignity of an enlightened government to severely punish boys of the ages mentioned for acts they were enticed to perform without any idea of the responsibility they incurred. As I mentioned in my despatch No. 118, I have had these boys separated from the main body of the prisoners, and I have endeavored to give them all the attention possible under the circumstances, but if they and many others are forced to trial, without preparation or means of defence, I apprehend they will be subjected to severe punishment. *For this enclosure see Diplomatic Correspondence, 1866, volume 1, page 247. If it is proper for me to do anything officially to assist in this respect, I would be glad to receive instructions so to do. With great respect, I am your obedient servant, Hon. WILLIAM H. SAWARD, Secretary of State, &c., &c., &c. D. THURSTON, United States Consul. No. 127.] No. 45. Mr. Thurston to Mr. Seward. UNITED STATES CONSULATE, Toronto, September 19, 1866. SIR: I have the honor to inform you that seven of the Fenian prisoners, con fined in the jail in this city, were discharged on the 13th instant, no evidence having been found that required their further detention. I enclose a letter from R. A. Harrison, esq., in relation to the matter. Among the persons discharged was a Mr. Augustus Godley, formerly of Ith aca, N. Y., but now residing at Fulton, N. Y., arrested while in the act of rendering assistance to the Canadian volunteers. He was conveyed to Toronto and confined in prison, and all his money and effects taken from him. There was no evidence found against Mr. Godley, but, on the contrary, it was shown by an individual in the sheriff's office, who was a volunteer, that Godley actually assisted this person from the field when he was so seriously injured and ill that he could not himself escape. Mr. Godley is an American citizen, and complains that he has been confined for three months in jail at Toronto on a charge that never could be proven against him, to the serious injury of his business and family; that he was discharged in a foreign country without one cent of money, and that the money and effects taken from him, at the time of his arrest, have not been returned to him; neither can the Canadian officers give him any encouragement that they ever will be. I boarded Mr. Godley at comfortable lodgings until yesterday, and provided him transportation to his home, at my own expense. I enclose a demand made by me on the sheriff for the return of Mr.. Godley's money and effects, to which I have as yet received no answer. I have thought it proper to communicate this matter to the department, and also respectfully to say that I am informed that the trial of the prisoners arrested at Fort Erie will take place early in October, in Toronto, and that there are several American citizens who are poor and destitute, who have no means to employ counsel to defend them on their trial, confined in jail, for whom some provision should be made to engage an able lawyer to take charge of their cases. I have already had the honor to suggest this course to the department, and would respectfully say that the time is now so short before the assize sets, that, if consistent, immediate action should be taken to afford sufficient time to procure the necessary evidence for their defence. I am, with respect, your obedient servant, Hon. WILLIAM H. SEWARD, D. THURSTON, United States Consul. Secretary of State, &c., &c. Mr. Harrison to Mr. Thurston. TORONTO, September 15, 1866. SIR: I have the honor to acknowledge the receipt of your letter of yesterday asking for the names of the persons discharged from jail on the 13th instant, arrested as Fenians, and the reasons for their discharge, in order that you may report the same to your government. In rep ly I beg to say the names are as follows: Patrick O'Brien, Augustus Godley, John Lennon, James Webb, Daniel Foley, Thomas Davis, William Kirkland; and that they were discharged because our government was not in possession of any evidence that required their further detention. No SIR: Mr. Godley, the person discharged from prison last week, had taken from him, at the time of his arrest, some eleven dollars and fifty cents, in money, and some memorandum books, &c. I respectfully request that the money and effects belonging to Mr. Godley be returned to him. He is entirely destitute of means, and I am obliged to support him. charge having been made against him, and no proof of his having any connection with the Fenians being found against him, it seems particularly severe that four months' confinement in prison, at the great loss it must have been to him, and the detention of all his means, is alone the result of his arrest. I am satisfied that Mr. Godley is a respectable person; and the circumstances in his case are so especially grievous, that I do not hesitate to lay the matter before you, and to ask that whatever effects Mr. Godley may have been possessed of, at the time of his arrest, be returned to him, or their equivalent paid him, to enable him to return home. I am, with respect, your obedient servant, J. W. JARVIS, Esq., Sheriff. D. THURSTON, United States Consul. No. 46. No. 94.] Mr. F. W. Seward to Mr. Thurston. DEPARTMENT OF STATE, Washington, October 2, 1866. SIR: Your despatch No. 127, announcing the discharge of seven Fenian prisoners, and making special reference to the case of Mr. Augustus Godley, and also bringing before the department the cases of other American citizens imprisoned on similar charges in Canada, has been received. The fact of the release has been promulgated through the press. The case of Mr. Augustus Godley will be made a matter of attention on the part of our minister in London. I can find no law authorizing the employment of counsel to assist American citizens on their trial in a foreign country for an offence alleged to have been committed there. It is presumed that the Canadian courts, like our own, will assign counsel for the defence of those prisoners who are unable to pay for their services. It is not supposed that those courts will refuse to parties accused reasonable time to procure witnesses if it can be shown that they will attend, but they cannot coerce the attendance of witnesses from this side of the line. You are, however, instructed to attend the trial of the prisoners, and to see that all lawful facilities for defence are afforded them. SIR: I have the honor to acknowledge the receipt of despatches Nos. 94 and 95. I herewith transmit a copy of the charge of Judge Wilson to the grand jury, in relation to the Fenian prisoners who are to be tried before him next week. The evident feeling which Judge Wilson manifests towards the citizens of the United States and its government will, I fear, unfavorably influence the petit jury before which the prisoners will be brought. No counsel has as yet been assigned the prisoners. Mr. M. C. Cameron has consented to defend Mr. Lumsden, the Episcopal clergyman, without fee. The majority, however, are entirely destitute of means, and are unable to procure the attendance of witnesses from the United States. I have placed in the hands of the attorney general of this province a large number of affidavits from parties in different States favorable to the prisoners, but as this kind of evidence is, I am informed, inadmissible, I am unable to conjecture what will be the nature of the defence to be offered by the prisoners, or the counsel to be appointed to defend them. I will report the proceedings daily. With great respect, I am, sir, your obedient servant, Hon. WILLIAM H. SEWARD, Secretary of State, D. C. County assize. At noon yesterday the fall assizes for the united counties of York and Peel were opened by Mr. Justice John Wilson. The following grand jurymen were impanelled: Geo. Costwick, foreman: Messrs. John Abel, Jas. Bailey, Jas. Boulton, Parker Crosby, James Graham, Richard Hamilton, P. Howland, Thos. King, Jas. Metcalfe, Thos. Mulholland, Joel Philips, John Watson, Wm. Wells, W. A. Walker, Thomas Ward, Jno. Reeson, W. Rutherford, Levi Suider. His lordship addressed the grand jury as follows: The ordinary criminal calendar, I am happy to say, contains only seven cases, and those are of the usual character. Most of you have, no doubt, served on grand juries before, so that I shall have but little to do beyond reminding you of some of your duties; but, indeed, your oath suggests most of them, and more especially calls your attention to the spirit in which you are to perform them. In regard to finding bills of indictment your duty is to hear only the evidence of the Crown against the accused. If it satisfies twelve at least of you that the accused ought to be put upon his trial, you ought to find a true bill, but if it fails to satisfy you, then you should find no bill. In this view of it you stand between the Crown and the accused, to see that no man is put upon his trial without evidence prima facie to sustain the accusation. |