Troublous Times in Canada: A History of the Fenian Raids of 1866 and 1870MacDonald, John A. (John Alexander)
History
Troublous Times in Canada: A History of the Fenian Raids of 1866 and 1870
MacDonald, John A. (John Alexander)
Canada -- History -- Fenian Invasions, 1866-1870; Fenians
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.
Public-domain text, read in full here on John Shaqi.
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