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again declares prisoner to be an American citizen. That fact we will establish in his own bandwriting. The indictment declares that he came here to do one of three things—that he entered Upper Canada with intent to levy war against the Queen; that he appeared in arms in the province with intent to levy such war; and that he committed an act of hostility against her Majesty, and attacked her subjects in the province with intent to levy war. In carrying out the evidence on those points, you will understand it is not necessary for the Crown to establish the fact that at any particular period he was actually armed with any weapon. If we establish the fact that there were men armed, engaged in the common cause of levying war against the Queen any man, armed or not, who was with them wbile engaged in this common design, was made thereby as much a criminal as those bearing arms; for it often happened that those not bearing arms proved more guilty than the others ; such men being at times in command went with the men; and again, as in the case of Roberts and Sweeney, they remained at home, carefully abstaining from putting a foot on Canadian soil, and sending over bundreds of their dupes to meet the fate intended for them. It is not necessary be should be proved to have ever had a single weapon, or done anything more than united with the rest in their common purpose, and when that fact was established, when it was shown what that common purpose was, by the collision between the invaders and her Majesty's troops, then you have that made out and completed which was intended in the cases of each one of those parties as a part of his own act when he originally came over. With regard to the prisoner you will have these facts. He was seen armed, was referred to as " colonel” in command, was spoken to among the Fenians who came over by a person wbo recognizes bim, and he will be recognized by all the witnesses. He was spoken to by a person, and in his position prisoner gave certain directions to be pursued. You will have him identified by several witnesses as marching with these people—as being in their encamp. ment-as returning with them after the fight at Ridgway, and as being connected with them from the morning of their coming over till after the engagement on the 2d of June. You will have their design of levying war against her Majesty proved by those engaged in the affair at Ridgway, who can testify that they were attacked by a large body of men coming from Fort Erie, and that some of her Majesty's subjects were then killed. In the same way you will have evidence of the attack on the Welland field battery. You will have evidence clear and distinct that these men who invaded the province in large numbers were variously armed with arms which had been given to them. The whole of the circumstances, from the time they landed till the main body went away, will show them to have acted with the intention of subverting the Queen's authority, and of levying war against her Majesty, and making this province a standpoint from which, after conquering its inhabitants, they were going to occupy Ireland. These are the facts. There is his own admission that he came over peaceably ; and we will give him all the benefit of it. We have his own admission that he came over with the Fenians as a man of peace : that he came simply as a newspaper correspondent, whose business was to give an idea of what the Fenians were doing. Even taking bis own admission, he ought to have felt that that was certainly a dangerous position to place himself in. But the evidence against him is too clear and strong and conclusive, by independent witnesses, who will tell you that he was there, not in the peaceful capacity of the representative of a public journal, but as a man armed with a sword by his side, in the Feniau camp, and giving command to others. He was there, we judge, for the common object in wbich all the rest were engaged. He came, as they did, to redeem and regenerate bis country by destroying us in our country. He came to force on us institutions we did not like; wbile his sole ground of complaint and cause of coming was to relieve the people of Ireland from what they claim to be a somewhat similar state of things : a government and institutions which they do not like. He placed us in the position of being ground down by the tyranny and exactions of his friends-compelled to accept at their hands institutions wbieh we could not live under, and they would have compelled us to allow them a position which there was no possibility of their getting except over our dead bodies. This is the case against the prisoner; and, gentlemen, if I have taken longer time and gone more fully into the matter than in ordinary Crown prosecutions, the circumstances in this case absolutely Tequire it. It was pecessary that some short history of the circumstances out of which ail the difficulty had arisen should be given you ; and having done that, the Crown will now close the prosecution. The prisoner will be defended by an able friend of mine from Hamilton, (Mr. Martin,) who will
, I am sure, give him every assistance; and also by another gentleman from this city, (Mr. Doyle,) who will ably assist him. They will have an opportunity of show why the case for the Crown should fail, whether on the evidence or otherwise. As I have said, the prisoner is as safe bere with regard to a fair trial as in any part of her Majesty's dominions. You were impanelled without the Crown attempting to challenge one ; and, while we have every abhorrence of the crime charged against the prisoner, Fet, if we fail to establish that lie ought to be placed in that dock, we are prepared to say, with the clerk of arraigns, in the olden time, May God send him a safe deliverance."
The evidence was then proceeded with. The first witness was-
Examined by Hon. J. H. CAMERON: I am in charge of the old jail, in which the Fenian prisoners are confined. The prisoner at tbe bar is one of these. The letters produced (and 'read by Mr. Cameron) were handed
to me by the prisoner, and are both in his handwriting. One of them is original; the other is a copy. On and since the 1st of June lust the United States of America have been at peace with Canada. The letters referred to above are as follows:
“ MilitarY PRISON,
Toronto, July 20, 1866. "Sir: I was arrested at Fort Erie, June 2, with others, charged with being connected with the Fenian army on their invasion of Canada, and though protesting I was only so far as being a reporter to the Louisville Press, through Mr. McDermott, by whose instructions I came to Buffalo for the purpose of reporting the incidents, &c, &c., of the campaign. I have Mr. McDermott's affidavit, with that of Mr. Shea, to this effect. A few days since, two men from Fort Erie (one a Mr. Newbigging, in whose orchard you were encamped) identified me as being in command at the camp, and ranking as colonel, which statement he has sworn to. The other, whose name I don't know, identified me also, and made and swore to a statement that, on the arrival of the troops at Fort Erie, I was in command, and forming the men into line on their disembarking at the wharf. I cannot, for the life of me, see who these men take me for, and how they should be thus mistaken; but such will be their testimony on my trial, which will come off very soon. In order to meet this evidence, I must have affidavits to prove to the contrary. I am therefore obliged to appeal to you as having command of the Fenian army which invaded Canada for an affidavit as to whether you had known me to have any position or command in that army, or in any manner connected with it either as a commissioned officer, non-commissioned officer, or private, or that I could belong to it as such without your knowledge.
“General; as this evidence is very important to me, I trust you will not delay in going before a justice of the peace and making this affidavit.
“I acknowledge I was at the camp at Fort Erie, but in the capacity of an American citizen without arms in Canada, with no hostile intention, but solely on the business on which I came there. I had a letter to-day from Mr. McDermott informing me of your being in Nashville. As my trial is supposed to come off soon, your early attention to this will much oblige me. I am now in this prison some seven weeks. There are about ninety pris. overs here charged with being connected with the Fenian movement. “I have written, also, to Colonel Starr for a similar affidavit. “ I have the honor to be, general, yours faithfully,
“ROBERT B. LYNCH. Brigadier General O'Neil, Nashville.” Attached to the original letter is the following card: “R. B. Lynch, with Hackett & Otter, grocers and general commission merchants, Nos. 60 and 62 Sixth street, near Main, Louisville, Kentucky.”
“ MILITARY PRISON,
“ Toronto, July 4, 1866. “My Dear MR. KERR: I received yours of the 29th ultimno, and I assure you I was much pleased to hear from you, for I am not unmindful of your many kind acts to me, and the interest you took in my welfare. Had I taken your advice I would not be in the predicament I am now placed in. But I had not the slightest idea that I could be interfered with, having gone into Canada as a peaceable American citizen without any hostile intention whatever, never having carried arms or done anything to offend a man, woman, or child in Canada ; they are our own race and people, and they never done anything to me. But being out of employment I accepted the offer of Mr. McDermott to go as correspondent. I did not correspond any, from the fact that the Fenians were some eight or ten miles in the country fighting when I was arrested at Fort Erie. I suppose you seen an account of a skirmish at a place called Ridgway or Iron Ridge. It was madness for their leaders to bave taken them there. Some 750 or 800 men to fight not alone the militia and the regulars, at least 4,000 strong, but the Canadian people were up to a man in opposition to them; if they counted on any aid from the people of Canada you must have observed how much they were deceived. Nothing I could say could convey to you the indignation of all classes of Canadians at this Fenian raid into their country. But Í will more fully give you an account of it when I have the pleasure of seeing you. Your faithful friend,
"R. B. LYNCH." THOMAS NEW BIGGEN sworn.
Examined by Hon. J. H. CAMERON : I resided upon Frenchman's creek on the 1st of June last. I saw the prisoner about three o'clock of that day, on my father's farm, on Frenchman's creek, where the Fenians were then encam ped. I went into the camp to try to get three horses which the Fenians had taken from my father. I asked the pickets where I could find General O'Neil or Colonel Hoy. They said that General O'Neil was busy, and that Colonel Hoy was at Fort Erie,
and referred me to the prisoner, whom they called Colonel Lynch. Colonel Lynch referred me to General O'Neil's adjutant Colonel Lynch was dressed in civilian's clothes. He wore & sword by his side, suspended over his coat. I asked him how long he supposed the Fenians would remain in camp. He said he knew no more about it than I did. It might be two hours, two days, or two weeks. When I addressed him as Colonel Lynch he did not correct me. There were about 800 in the camp, many of whom were armed. Previonsly to my going to the camp the Fenians had taken ihree of our horses, a row-boat, and some harness, and slaughtered eleven of our lambs and two of our sheep. They brought no borses into camp, but took a great many away with them. I saw them on the American side of the river previous to crossing. About twelve o'clock on Thursday night I heard sounds of preparation in the Fenian camp on the American side. Just before daylight two tugboats started from the American shore, having in tow four canal boats. They steamed across to our shore, going somewhat up the river, and disembarked at the Shingle Dock, or Lower Ferry, on the Canada side, nearly opposite Pratt's Dock, on the American side. They were about 1,000 strong. About 9 o'clock a, m, all of them marched down to my father's farm, wbiel is about one mile up Frenchman's creek, and encamped there. They remained there till the followiug night, and some time during the night went away. At daylight next morning there was only one man there. He was engaged in destroying the Fenian arms by burning and breaking. We found rifles with bayonets fixed, and a quantity of ball cartridges on the camp-ground. In one fire I counted seven ritle barrels. "We found in the creek 19 cases of ball cartri ge, each containing 1,000 rounds of ammunition. We found 40 rifles in or near the creek in good order, marked U. S. on the bayonets, stock and barrel. On the locks were · Bridesburg, N. Y., 1864, extra good.” We found provisions and clothing and loose cartridges on the camp-ground. Some of the Fenians were in United States uniform. Some wore green jackets and red shirts, but no general or peculiar uniform. They had 7 or o green tags; on one of wbich was a crown surmounted by a harp; on others there were barps. They had also drums beating. They said that they did not intend to molest private citizens, but were after the red-coats. I did not see the prisoner again till I saw him in jail here in the middle of July.
Cross-examined by Mr. MARTIN : I never saw the prisoner before June last. Gen. O'Neil was pointed out to me. He was dressed in civilian's clothing and had no arms as far as I saw. He was a gentlemanly-looking man, slightly built, rather tall, freckled in the face, and about 35 years old. He was a man I should have taken for a dry-goods clerk rather than as the general of a marauding expedition. He was the last man I would have taken to be Gen. O'Neil. At the time I saw him he was examining a map of the county of Welland, togetber with some other men who were dressed better than most of the Fenians. Col. Lynch was the only officer on whom I saw arms. The great majority of the Fenians were dressed in ordinary clothes. Some were old men, some very young-being apparently not more than 15. Men were crossing and re-crossing the river and moving about during the time the Fenians were on the farm. Who were Fenians and who were not, I did not certainly know. I conversed with the prisoner only a few minutes. I recognize h. m from his general appearance.
To Mr. CAMERON. I have no doubt whatever that the prisoner is the man with whom I conversed as Col. Lynch.
ARTHUR MOLESWORTH sworn : examined by Hon. J. H. CAMERON: I live near the lower ferry, dear Fort Erie. I recognize the prisoner. I saw him on Friday morning, the 1st of June last, when the Fenians were marching up to the village from the river. He wore a sword in s steel scabbard round his waist. He was talking to a man who lived across the river This man told the prisoner that his son had joined the Fenians, and asked the prisoner to take care of him. The prisoner said he would. The men who marched up from the river were armed with rifles and bayonets ; were about 1,500 in number, as near as I could judge ; had flags, and marched in military order, four abreast. They cheered on landing.
Cross-examined by Mr. MARTIN: I think it was between three and four o'clock when they landed. Never saw the prisoner before that day. Some of the officers wore a uniform something like the United States uniform. I saw a good many officers with swords on. I saw the prisoner for about five or ten minutes. He wore a coat like the one he wears now, and a round black hat with a flat crown. Some of the Fenians were old men and some young. At the jail here I recognized the prisoner among a number of men drawn up in a column.
Tq Mr. CAMERON. I have no doubt that the prisoner is the man I saw speaking to a man at Fort Erie, as I have described.
JOSEPH Stevens sworn ; examined by Solicitor General COCKBURN: I was in the neighborhood of Fort Erie at the time the Fenians came over in June last. I saw the prisoner about 6 or 7 o'clock on the morning of June 1, getting his men into line of march. He had a sword, and seemed to be in command. The Fenians had taken me and others prisoners. The prisoner ordered his men to place us in ranks. He allowed us to go when we had marched about three-quarters of a mile. Some of the men were pretty “sassy.” Some of then asked me how far it was across Canada-whether it was seven miles. I said I thought it was about ten miles. They said they were going to take Canada and have a farm each. I was kept guarded in my house most of the day. I saw no fighting. I was in my house a: Saturday. I was not much on my muscle, and did not wish to go out.
Cross-examined by Mr. MARTIN: I never saw prisoner before that time. I was captured about day-break. I saw the prisoner first about an hour afterwards. The men obeyed his orders as their commander. He wore a round black hat with a broad brim. They marched us, who were prisoners, about half a mile, and then Col. Lynch dismissed us.
I was very glad of it too. [Laughter.] The prisoner is a little lighter-colored than he was then. He is “faded out” a little. He is a litile “slicker " now.
Thos. N. MOLESWORTH sworn ; examined by Hon. J. H. CAMERON : I reside near Fort Erie, and am the father of the last witness but one. I recognize the prisoner. I saw him on the morning of the 1st of June last, on the road leading from Fort Erie. I saw him also on the next day when he was arrested at Fort Erie. Some one said he was a Fenian and had been with the Fenians the day before. He replied that he was with them because he was a reporter for a paper. I have no doubt that he was the same man I bad seen on the previous day.
Cross-examined by Mr. MARTIN: I live a mile from Fort Erie; I saw the Fenians land about one-eighth of a mile from my house; they formed into a column and marched up past my place; the prisoner was marching on one side of the column; I was about half the breadth of the road from him; he had a black hat with a flat crown, and a dark-colored coat. This was about six o'clock in the morning. I did not see him act as an officer further than marching at the side of the column; it was at the lower ferry; I saw him on the Saturday; he was with another person walking along the road; he was arrested by some one, I do not know by whom ; he appears to wear his beard in a different way now, I think he had more beard then; he is not so brown now as he was then; he had a moustache then as pow.
WM. MURRAY sworn ; examined by Hon. J. H. CAMEROX: I know the prisoner at the bar; I saw him on the morning of the 1st of June last, at the lower ferry, about a mile and a half below Fort Erie; he had a sword hanging by his side ; I saw him on the afternoon of the same day lower down the river, still with a sword. I am in the customs department. There were about nine hundred or a thousand men of the Fenians; they marched in military style, had drums and flags, and were armed.
Cross-examined by Mr. MARTIN: I saw the prisoner about 9 o'clock on the morning of that day; I had never seen him before; he is a little paler now than he was then, and had more whiskers.
The Hon. J. H. Cameron stated that there was a witness for the Crown he wished to call at this juncture, but he was not here.
Major Dixon sworn; examined by Mr. CAMERON: I am an officer in the Queen's Own volunteers. I left here with the regiment on Friday morning, the first of June ; reached Port Colborne on the same day; Colonel Depuis was in command when we left Toronto ; I am in command now as major; was then in command of a company. On Saturday morn. ing we were ordered to leave Port Colborne to meet Colonel Peacocke; left about 5 o'clock in the morning. About 800 men made up the force, composed of the Queen's Own, 13th, and York and Caledonia rifle companies. “All were in uniform, the Queen's Own wearing green tunics, the 13th scarlet, and the usual dark-colored trowsers with red stripe ; the York and Caledonia companies in green uniforms. All were armed and provided with ammunition. We disembarked at Ridgway; took up our line of march from that point, starting a little after six, advancing in the usual military order. We had marched about two miles when the leading files of our advance guard came doubling back; all were then on the road; they put up their rifles with their shakos on, to show that something unusual had occurred. Three companies were then ordered to skirmish : mine was one of them. We advanced a considerable distance, when we observed a large number of men running around, and then heard a shot. Our men were in an open field, and the enemy in a wood. Our men doubled up, and the firing became general. The 13th were in rear of us, marching in the main body. They were not at first as conspicuous as us, but shortly afterwards they came up, and were easily seen. Saw some of our men fall; I saw two fall about two yards in front of me ; saw wounded men on the field ; it was from the effect of the fire of those opposed to us that they fell; saw a body of men attacking us ; saw them firing from a bush in front of us; cannot state their number; we were most of the time in an open field ; they seemed to be in the woods. The troops after a time retired.
This wityess was not cross-examined.
Private White, Highland rifles, Queen's Own, was next called and sworn; examined by Mr. CAMERON. He said: I belong to the Queen's Own: was in the affair at Ridgway. Was wounded upon that occasion, and lost my arm. I received the wound in the retreat. This witness was also allowed to retire without a cross-examination.
WM. D. OTTER, adjutant, Queen's Own, sworn: Was at Ridgway. Was there as adjutant of the Queen's Own, and in the reserve with the commanding officer during the greater part of the fight. Saw the commencement of the fight. Saw none killed of our own regiment; saw several wounded. Saw Lieutenant Routh, of the 13th, when shot. He fell in front of me. This witness was also allowed to retire without a cross-examination.
Lieutenant SCHOFIELD sworn: Am an officer in the Welland canal field battery. The battery, on being called out on the first of June, went on board the tug Robb, at Port Colborne; disembarked at Fort Erie, again embarked, and went to Black Rock, and returned to Fort Erie. We had 3 officers and 51 men, We had no large guns.
We were in artil
lery uniform. We came in contact with the enemy on Saturday, the 20 of June. It was about 3 p. m. We were drawn up on Front street, Fort Erie--ourselves and the Dunnville sval brigade. They had no uniform, except the officers. · The naval brigade were on our front, and both were advancing. We saw a body of men coming down around the back of the village of Fort Erie just as we halted. What I first observed peculiar was a man throw. ing up & wžite cloth and calling on us to surrender. We saw nothing until immediately two shots came near us ; the enemy then came down on us. Several of our men were injured ; Captain King and Fergus Schofield were shot in the leg below the knee ; John Bradley on the leg above the knee. John Thomas and John Haweston were also injured. We returned the fire and retreated, some taking shelter in the house of Mr. Lewis. The Fenians could not get near enough to the house to set it on fire; but a store adjoined the house, and they could get near this under cover, and threatened to fire. After keeping up a fire with them for some time, Lieutenant Nimmo, myself and Lieutenant McDonald, of the naval brigade, were taken prisoners. While we were their prisoners they said they had come to take the country. We talked the matter over very calmly. We were put into Dr. Kempson's drawing-room; a guard of three men were at the door, and about seventy men lay in front of the house.
Cross-examined by Mr. MARTIN: Saw a number of Fenians at Fort Erie; think there were about 700 there in the body that attacked us. They were in command of some one. The man I saw most, and with whom I was, was named Fitzpatrick, and told me he was the adjutant. He had on a low-crowned hat, dark clothes, and gaiter boots. We took tea with several of the officers at Dr. Kempson's; tea was made for us at the house.
Mr. Martix. How were they dressed ?
WITNESS. They were dressed in civilian's clothes, those I saw. One of them had no coat on at all. [Laughter.] When taken prisoner I was being marched to the fort, when the guard having me in charge was met by Fitzpatrick, and seeing I was an officer, I was taken back by his orders. My sword and cross-belt, which were taken from me by one of the men, were taken from him, and given back by Fitzpatrick's orders when we got to Mrs. Lewis's. I recognized the man that had my sword and told Fitzpatrick, and he ordered him to return it. Saw besides Fitzpatrick, the surgeon Dr. Donnelly. He had no uniform or arms. Saw half a dozen more officers. These were all I saw. They were also dressed in civilians' clothes. I think I only saw two who had anything like a uniform on. I think they claimed to be captains. I suppose there were six or seven officers that we took tea with. I think it was one of them that claimed to be quartermaster. Had no coat on at all. It was a warm day. Saw some among the men who were quite old. Did not see O'Neil. He was at Fort Erie that evening I understood. Did not see Starr nor any other that I know of, except those we took tea with. One of the officers told me that they had between 800 and 1,200 men. They said to us during conversation, Your men at Ridgway were quite mistaken about our numbers; we had enough men to drive you from your position ; and spoke boastfully about their strength. All the officers that supped with us did not constitute the whole force in command there at the time of the fight against us. They allowed us to take tea before them; we had liberty to walk about the house and yard, but were closely watched. Understood that they all had also taken tea there, but ain positive that some had supper in the house after us. Did not see the prisoner there.
To Mr. CAMERON: The men I refer to are the same men that fought at Ridgway.
Thomas RYALL, one of the Fenian prisoners who turned Queen's evidence, sworn : Was at Fort Erie on the 1st of June last; came on that day from Butfalo, crossed over quite early in the morning ; came over in a canal boat drawn by a tug. There was a good many on board of the scow; the boat was well loaded down. Walked from Buffalo to Black Rock.
Mr. CAMERON. Where did you get your arms ?
WITNESS. When we left the land we had no arms; as we crossed the river arms were given out. We got them in American water; the ammunition was already distributed to us on the American side; saw no swords issued nor revolvers ; saw some men have revolvers, but said they were their own; bayonets were issued also; there was ammunition in boxes also found for us on the Canadian side. The talk was to take Canada; all came over to fight and to take Canada; that was the intention. After we crossed and rested, saw the prisoner walking up and down where the arms were stacked. He wore a sword. We marched off towards Fort Erie to Frenchman's creek on Friday afternoon; there was a bundred of a skirmish line went out before, and came back to the bank of the river, and remained there until the main body came back after dark. The main body also marched out into the country from this point on Saturday. I was with them and getting tired; we marched a long way indeed. While we were marching there was a man, who was ad. dressed as captain, came running back saying we were going into action. I then thought it was about time to leave; several others also stepped aside at the same time. [Laughter.] I left as they went into action. The witness again detailed minutely the position in which be recognized the prisoner, and the circumstances under which he first saw him in proximity to the piled arms after camp was ordered in the Fenian forces.