.
Judge Lynch ordered that the prisoners be put into the box.

The next thing in order was the empaneling of a petit jury. It
appeared that many of the proposed jurymen were known supporters of
the liquor party, and these were, of course, objected to by the lawyer
for the Crown. In the words of _The Templar_, "It seemed as if Mr.
Baker challenged all who were known to 'take a glass,' while Mr.
Racicot challenged all known temperance people."

The afternoon session opened at one o'clock. The Crown Prosecutor made
an eloquent speech to the jury, reviewing the evidence given at the
preliminary trial. The following account of his address was given in
the _Witness_:

"He said: 'It will be an evil day for Canada when men, becoming
indignant that the machinery of the law is put in force against
them, send to Marlboro or any other place for an assassin to "do
up" those against whom their indignation is aroused.' Speaking of
the combination of circumstances that led to the identification
of Kelly, he said: 'There is a Providence in these things. There
is an overruling power that is directed in the cause of right.'
He said regarding the character of Kelly: 'The learned counsel
for the defence will try to make you believe that Kelly's
evidence should not be accepted. The witness, Kelly, is not one
of my choosing; he is not chosen by any member of this court. He
is of the prisoners' own choosing. They could not have procured
the pastor of the first church of Marlboro, nor one of the
deacons, to do their work, but they were compelled to take a man
from behind the bar of a saloon, in a low street; one who would
take a shilling for his work, and do the job as directed by
them."

The first witness examined was Mr. W. W. Smith, whose evidence was
similar to that previously given by him. He identified Kelly as the
man who had committed the assault on July 8th. The following is a part
of the cross-examination as reported in the _Witness_:

"'Do you know Peter McGettrick, of Richford?'

"'I do.'

"'Do you know Frank Brady?'

"I do.'

"'Did you tell them on the Sunday that they came to see you that
you would take your oath that the man who assaulted you was Orin
Wilson, a brother of Jas. Wilson?'

"'I did not.'

"'Did you tell Jane Fay, at church, that you did not know who
assaulted you?'