TRIALS OF THE FENIAN PRISONERS.
The Fall Assizes of the Court of Oyer and Terminer and General Jail Delivery for the United Counties of York and Peel, opened at Toronto on October 8th, 1866, His Lordship the Hon. Justice John Wilson being named in the commission to preside over the Court of Justice which was to decide the fate of the Fenian prisoners. The indictments were read, and after an able and exhaustive address to the Grand Jury by Judge Wilson, in which he went fully into every phase of the case, and explained the statute under which the prisoners were to be tried, the documents were handed over to the Grand Jury for their consideration.
When the Court resumed its sitting on October 17th for the trial of the accused, the Grand Jury presented true bills against three of the most prominent prisoners in custody, viz., Robert Blosse Lynch, of Louisville, Ky. (said to be a colonel in the Fenian forces at Fort Erie and Lime Ridge); David F. Lumsden, who claimed to be an Episcopalian clergyman, from Nunda, N.Y., and John McMahon, who stated that he was a Roman Catholic priest, from Anderson, Indiana. Lynch was first placed in the dock, and the indictment read, to which he pleaded "not guilty." Lumsden and McMahon were next charged, and also entered the same plea. The prisoners not being ready to proceed with their trials, they were remanded until October 24th, when the Court re-opened and the trials proceeded with. The counsel for the Crown were Hon. John Hillyard Cameron, Q.C. (Solicitor-General for Upper Canada), Messrs. Robert A. Harrison, John McNab, James Paterson and John Paterson.
The first prisoner placed in the dock was Col. Robert B. Lynch, who stated that he had no connection with the Fenian Army, but had accompanied the expedition as a reporter for the Louisville Courier. A large number of Canadian residents of Fort Erie and vicinity, however, testified that they had seen him wearing a sword and in command of a body of Fenian troops at that place. The evidence of his guilt was so overwhelming that the jury returned a verdict of guilty, and Colonel Lynch was sentenced to be hanged on the 13th of December. He received the sentence with composure and was removed back to the jail.
Rev. John McMahon was then placed on trial. He claimed that he had only went with the Fenians in a spiritual capacity, and to look after the wounded and dying. He said he was at Lime Ridge and attended to both Fenians and Canadians alike while there. His statements did not accord with the evidence given by other reliable witnesses who saw him giving aid and encouragement to Fenian soldiers at Fort Erie, and after a fair and impartial trial he was found guilty and sentenced to be executed with Lynch on December 13th.
Pending appeal proceedings these executions were deferred.
David F. Lumsden was brought up for trial on November 3rd. He was formerly rector of Trinity Church at Syracuse, N.Y., where he had a reputation of being too fond of drink, rendering himself subject to discipline for intemperance, and had been cited to appear before Bishop Coxe (Bishop of the Episcopal Church in the Western Diocese of New York), who sent him to Nunda, N.Y., in the hope that he might redeem himself. But he had again fallen from grace and was on a big spree in Buffalo when he drifted over to Fort Erie, and was arrested on suspicion of being implicated with the Fenians. After hearing all the evidence, which was in favor of the prisoner, the jury retired and brought in a verdict of "not guilty," and he was discharged.
True bills were then rendered by the Grand Jury in the cases of the other prisoners who were held in custody.
On Nov. 7th. William Slavin was found guilty and sentenced to death. On the same date Benjamin Parry (a lad 16 years of age, from Cincinnati), was discharged.
On Nov. 9th. Daniel Drummond, who was arrested at Fort Erie, was discharged, as there was not sufficient evidence to convict.