On Jan. 25th Barney Dunn was convicted, while Wm. Orr, John Hughes, Frederick Fry and James Diamond were acquitted for lack of sufficient evidence. On Jan. 29th John Grace and John Cooney were also acquitted.
This disposed of all the Fenian cases on the calendar.
The Court re-opened on Jan. 30th, His Lordship Mr. Justice Morrison presiding, for the purpose of finally disposing of the cases of eleven of the prisoners who had been convicted but not yet sentenced. After the usual Court preliminaries had been concluded, and the prisoners placed in the dock, Hon. Mr. Cameron moved that the sentence of the Court be passed upon the following prisoners:—Patrick Norton, Thos. H. Maxwell, Patrick O'Neil, James Burke, Daniel Quinn, Peter Ledwith, John O'Connor, John Rogers, Owen Kennedy. Barney Dunn and John Gallagher.
His Lordship then sentenced all of the above named to be hanged on the 5th of March.
Appeals were made to higher Courts in several of the cases, but all were disallowed, and it seemed for a time as if a wholesale execution of the prisoners on the gibbet would be the result. But the better feelings of the Canadian people prevailed, and by appeals for clemency, in the cause of humanity, our country was relieved from the gruesome spectacle of witnessing over a score of these unfortunate dupes dangling from the gallows in expiation of their crimes. That they deserved such a fate is undoubted. They entered our peaceful country with murder in their hearts, and carried out a portion of their programme of butchery, but their leaders escaped, and it would have been poor satisfaction to exact the extreme penalty on those deluded followers who happened to fall into our hands. Therefore all of their lives were spared.
The sentences imposed were commuted to imprisonment in the Provincial Penitentiary at Kingston for various terms, according to the degree of guilt of the accused, and a few years afterward the last of them was released from the grasp of Canadian justice.
CHAPTER XVI.
THE CANADIAN VOLUNTEERS RELEASED FROM DUTY AT THE FRONT AND RETURNED TO THEIR HOMES—THEY EARNED THE GRATITUDE OF THEIR COUNTRY AND RECEIVED IT.
After about three weeks of active service, the Canadian volunteers who were on duty at the front were relieved and sent home. Although matters were still in an unsettled state among the Fenians in the United States, and threats were constantly being made of more trouble, yet the occasion was not considered of sufficient serious importance to require the services of the force posted on the frontier for a longer period. The Government was well aware that when occasion demanded the same troops would again take up arms as promptly and cheerfully as on previous occasions, and relied on their patriotic service being immediately available whenever required. In relieving the troops from further duty, the Commander-in-Chief promulgated the following order:—
OTTAWA, June 23rd, 1866.