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'-^vi ■-■•— I, /'A '/////.»• inhTs 'I'lr, tVV/ >«.! ^iJL;:*?^ "-au. with Tuth' of' li'tUhl . \^- r !*- -?->-. I J|» AwtZ^""-***' <»J!» ^>^--^.- -«>*. -<•«•. !*^^ft^' *-^. ':^ %!L.x, — ;i^ g» -.^ jci/;7rt^:- •r> ■:5l*. ^ ^ H A). '/7ifs lYih-k- f.iii'Htis tt> (Kswinihoifnf h'hrr , dhou/ trn Miffs fl'rsf ,>/' t/it- n<>i/if W i>r :u> h'lon I'oiitu/f hv t/»- \. v" . Mte ot' t/tr X'>n /V// \^ vV V/' ,.:-^ mJ:n ..-if-- -TT-Jt, cl.. : \^^ wiaiiiithf t(>r >rirntl imlr. c.n / .!'■ /'/I/I/,;/ /'I .l.hl.'U •^•' ■' /' wmm/''' ; 'H ■J. g TiiK Facts related by the Editor in this Vul'ime have been collected from original documents, or have been comnumicatcd to him by persons, connected indeed with Lord Selkirk, but who were, for the most part, eye- witnesses of the circumstances to which they speak. If any thing be unsatisfactory in these pages, any thing imperfect, any thing repre- hensible, the Editor entreats that it may not operate to prejudice the public mind against the benevolent and enlightened designs of Lord Selkirk. His Lordship's unavoidable absence from this country has prevented his friends from communicating with him in a manner that was desirable. The state of his Lordship's health, shaken and impaired by the difficulties which his zeal for national improvement has encountered, precludes him from doing justice to himself. m il 'Ik if ■i I PR EFAC E. I HE importance to this roimtiy of its territories in North America; tlieir boundless resources; their inducements to colonization are knon'ii to the poli- tical economist. Their danujers, arisiiK'?; from the vicinity of a t'ormidahle antl encroachiiui: ;»o\ver, are manil'est to every mind. It is necessary for their preservation and improvement, that the liritish colo- nist he secured from systematic violence; that the laws to govern him be at least congenial to those of England; that he enjoy an administration of justice neither illiterate nor impure. It is the object of this publication to pourtray the condition of our principal Settlements in North America, in these interesting points of view; but the outline must necessarily be of limited extent, since the sulyect will be no further developed than as it is connected m ith a more confined question, the confutation of some opinions respecting the result of certain legal investigati(ms in Canada. About three years ago, intelligence w .is received in this country of the destruction of the Earl of Selkirk's Settlement on the Red River, which had been accom- plished in June 1816, for the second time, by the servants of the North-West Company, with the X ' vm slaughter of Governor Semple and twenty of his people. The worth of that gentleman's character* was not unknow n to the j)uhlic : nor was the indiscruninate and unsparing massacre of so many British subjects, an occurrence likely to be viewed with indifference in England. But the circumstances of that horrid catas- trophe were represented in so very opposite a light in the different narrati\ es which appeared, that most persons were disposed to suspend their judgment upon the subject, under the idea that the matter would come before a court of justice, and that the result of the trials would determine where the truth lay. In the course of the last year a few cases were brought to trial in the Courts of Lower and Upper Canada, and the following pages contain the whole of the evidence that was then produced, relative to the transactions at Red River. AjQ the persons who have been tried for the part which it was alleged they had taken in the destruc- • Mr. Robert Semple, who, in the year 181S, v/as appointed by the Hudson's Bay Company Governor-in-Chief of their terri- tories and establishments, was the son of an American loyalist, who, in consequence of the revolutionary war, lost his proptrty in America. He was educated to the mercantile profession, and his transactions in business, introduced him to a numerous circle in London, who are well acquainted with the strictness of his principles and the correctness of his conduct. He had a strong natural taste for literature and science, which he lost no oppor- tunity of cultivating. The commercial undertakings in which he was engaged, having led him to make a temporary residence in various remote parts of the world, he published tlie observa- tions which he had made in the course of these travels in several small works, which bespeak a liberal nr.ind, and have been very favourably received by th« public..'(See Edinburgh Beview« No6. 23 and 30.) IX al ry tiort of Lord Selkirk's Settlement, liave been ac- quitted. '''■■■■' The conclusion, which the members of the North- West Company require the public to draw from tliis circumstance, may be collected from the following extracts appearing in their pu])lications : — " The result of these proceedings constitutes a " triumphant vindication of the parties accused, and " a conclusive demonstration, not only of the obvious " motives in which these frivolous and vexatious " charges originated, but also of tlie iniquity of tiie " means employed in bolstering them up, liy every " insidious art to prejudice the public opinion." " The serious and alarming charges preferred by " the Earl of Selkirk against some of the partners " and servants of the North-West Company, have " undergone, Ijefore the competent tribunals of crimi- " nal jurisprudence in Canada, the fullest judicial " investigation ; and a verdict of acquittal, has been " the recorded refutation given to tlie imputations of " Murder and Robljery, which constituted such pro- " minent features in the distorted statements of " Lord Selkirk. These trials have been published ** in this country from the short-hand notes of a sworn law-reporter, and they will furnish to every unprejudiced mind, a clear and satisfactory con- tradiction to that tissue of calumny, misvepresen- tatioa, and fabrication, with which the ejc-parte publications alluded to abound." These verdicts of acquittal must lose their autho- rity if the Jury have been misled by an erroneous exposition of the law. The doctrines promulgated by the Judges, will be canvassed as occasion rises in the course of these pages ; but admitting, for the present, b « » n tt Vl' 'I V'! X that their interpretation of the law lias been uniformly correct, it may still be affirmed, that the result of the trials affords no satisfactory proof of the in- nocence of the prisoners. This will not appear an extraordinary assertion, when, in the first place, it is understood that a private prosecutor in Canada was not allowed to conduct the proceedings by means of counsel chosen by himself, and that it was rot permitted to his coinisel even to put a question to any one of the witnesses. About the end of March 1818, Lord Selkirk wrote to the Attorney-General of Upper Canada, stating to him the impossibility that in cases of such extent and complication as those which had been referred for trial to that Province, the law officers of the Crown could, by any practicable degree of exertion, ])ecome as fullv masters of the facts and of the evidence as the counsel of the private prosecutors, whose attention had been already for a long period directed to the subject, and on tliis ground urging him either to allow his liOrdship's counsel to take the entire ma- nagement of the prosecutions in question, or at least to admit ti'em to a full participation in the arrange- ment of the proceedings, and in the examination of tlie witnesses. In order to obviate any doubt, as to the competency of tlie Attorney-General to accede to this arrange- ment, his Lordsliip made an application, at the same time, to tlie President of the Council, tlien admi- nistering the (Government of Upper Canada, request- ino* that he would recommend to the Attornev-General to allow the i)articipation desired, and that he would give it his official sanction, if tliat should be deemed necessary. The President returned for answer, by '8 I XI i i his secretary, that " His Majesty's hiw-scrvants were " entirely confided in, as to the course of proceeding " in all criminal prosecutions :" and accordingly his Lordship was referred, as prosecutor in the cases alluded to, " for such concert with the Attorney- " General as might be agreeable to that officer." This answer certainly ap[)eared to leave the matter entirely in the discretion of the Attorney-General. Mr. Robinson, who held that office, was of a family which is connected with the North- West Company in commercial transactions. He had been recently appointed to his office by Lord Bathurst ; and soon after his arrival in Canada, in a letter, dated Novem- ber 16 1817, addressed to a mercantile house in Montreal, (who acted as agents to the Earl of Selkirk,) he expresses himself as follows : " I was retained by " the North- West Company, before I left England, " as their counsel in all matters between them and " Lord Selkirk, except in those cases in which I may " be officially employed as Crown officer." There was every reason to sujipose that in these circumstances tliis gentleman would be anxious to relieve himself from a situation of such delicate responsibility, as that of having to conduct prosecutions officially against I)ersons with whom he was connected by the ties of private friendship, as well as by professional engage- ments, and that he would have gladly availed himself of the opportunity of devolving tlie entire management of tliese prosecutions on Lord Selkirk's counsel. The answer wliieh he addressed to his Lordsliip, dated April 19 1818, seems to indicate that he was not wliolly insensible to the delicacy of the predicament in wliich lie stood ; but, witli respect to his practical determination, it is not easv to collect anv thin"- from ??•.. ^:..4 Xll (( a «( t< *i (< <( liis h'ltcr, the tenor of wliicli (so far as relates to this suljject) is as follows : " It seems matter of regi'ct that, " as the greater number of offences of a similar kind are to be tried in Lower Canada, it should have been foimd inexpedient to adopt the same course witli these, which would have saved to the pro- secutors, prisoners and witnesses much trouble, delay, and expense, and wouM have given to your Lordship, or the prosccuLcr-., a more entire advan- tage of the assistance of such professional gentlemen as have had the means of becoming most conversant with the facts involved in these prosecutions. '• On the part of your Lordship's letter, which has produced this remark, I can only say (what I trust is scarcely necessary) that I will on this, as on other " occasions, do my duty to the Crown in the prose- " cution of the offenders, as well as I may be enabled " from the means of preparation placed within my *' reacli, without any consideration of any interests " but those of public justice; and that any instruction " or assistance which your Lordship, as prosecutor, " or your Lordship's counsel can properly render, I " shall be desirous to avail myself of in the most " ample manner, consistent with the course of pro- '* tieeding at oiu* bar." As this conveyed no definitive or intelligible answer to the main point of Lord Selkirk's inquiries, vh. how far liis counsel could be admitted to conduct the j)rosecutions and to examine the witnesses, his Lordsliip took the first opportunity of conversing I)ersonally witli IMr. Robinson, in order to request an explanation of that part of his letter in which he speaks of "" the course <>/' proceeding at our bar,'' and to Icarn pointedly and definitively whether this would I Xlll admit of his Lordship's counsel conducting or paiii- cipating in the examination of the witnesses. Mr. Robinson replied, that such a proceeding would be inconsistent with the established practice of Upper CanjL^a ; and that he considered it as the peculiar and exclusive duty of the law officers of the Crown to examine the witnesses in all criminal prosecutions*. By the answer of the Attorney-General, combined with that which had been previously received from the President Administering of the Government, Lord Selkirk considered his interference in the trials re- stricted to communications to the Crown officers respecting the evidence which had been given before him as a magistrate, or which he had collected from otlier sources. This was done in the most ample and unreserved manner. With what discretion the Crown officers of Upper Canada availed themselves of the evidence submitted to them, may be collected from the following pages; but the intelligent reader will hardly need that perusal to be satisfied, that under all the circumstances already stated, an acquittal cannot be considered as affording any very strong presumption of innocence. These verdicts of ac(iuittal arc placed on a very r if * The Attorney i'.ud Solicitor-General of Lower Canada bad Ijreviouiily debarred Lord Selkirk's counsel from interferinr^ in exaniinin<;f the witnesses on tbe prosecution of M'Lelliin for tbe nuirder of Owen Keveny, who, when on bis way to join Lord Selkirk's colony, was seized on a iVivoK)US pretence, by orders from a partner, and afterwards murdered in cold blood by a clerk of the North- West Company : and the authority, which tlic Crown oflicers thought proper to assume on this occasion, bad been exjiressly sanctioned by Sir J. Sherbrooke, the Governor of Lower Canada, in a letter to Lord Sclk;ik. ■./..t' XIV equivocal ground by a further circumstance, the diminution and perversion of the evidence occasioned by delay. In the month of March 1817, at the criminal term of the Court of King's Bench for Montreal, indict- ments were preferi'ed (under the Act 43rd Geo. III. c. IfiS, commonly called the Canada Jurisdiction Act), and found by the Grand Jury against certain partners, clerks and servants of the North- West Comiiany for robbery, arson, and maliciously shoot- ing at peaceable sulyects of his Majesty, vix. the settlers at Red River. At the ensuing term of the same Court, in September, the witnesses for the prosecution had been collected by his Lordship's agents with great difficulty and expense ; several of the culprits then in custody, might have been brouffht immediately to trial; and the counsel em- ployed by I^ord Selkirk entertained no doubt that they would have been allowed to conduct the pro- ceedings. But the Attorney-General unexpectedly and without any previous notice interposed, would not suffer the trials to go on, and announced that it was the intention of the Governor-in-Ciiief to transfer these cases to Upj)er Canada for trial. Lord Selkirk being at this time at Red River, his counsel in his name soon after addressed a letter to tlie Governor- in-Chief, remonstrating against the proposed transfer of jurisdiction being carried into effect, merely on the ex-parte statements of the accused by whom it was solicitvKl, without giving the prosecutor an opportunity of being heard. lie oliserved, tliat " tlie power given " (by the Act of the 43rd of the King, c. 138,) to the ** Governor of Lower Canada to divest tlie Courts of " that province of jurisdiction, and to transfer it to i i XV I " tlie Court of Upper Canada, was evidently a very " high power and one of a judicial nature, requiring " for its cxcrcisG a due examination of the grounds " on which such transfer of jurisdiction was applied " for, with an opportunity to the parties, to be " affected by such a measure, to be heard respecting " it before it was finally adopted." lie likewise pointed out, that the circumstances of tliesc prose- cutions differed widely from ordinary cases ; " Tliat " the crimes involved in these prosecutions had " been cemmitted at an immense distance from tlie " seat of public authority ; at places where the *' power of governu.ent had not been exercised or " felt ; where no aid was to be expected from " public officers; and where the predominating in- *' fluence of a powerful association of individuals, " interested in screening the guilty from punislnncnt, " had necessarily created extreme difficulty in making " any progress towards the bringing of criminals to " justice." And he insisted that Lord Selkirk, at whose expense the witnesses for the prosecution were collected and maintained, had an unquestionable right to be made acquainted with tlie grounds on which the transfer of jurisdiction had ])een solicited, and to be heard against such a measure before its final adoption. To this letter an answer was returned by the secretary of the Govenior-in-Chief, that the transfer in question was already " complete and in " execution ;" that the Govcrnor-in-Chief did not think it necessary to enter into an examination of the arguments submittted against it by Lord ^Selkirk's counsel, " as the discretion given him by the Act " had already l)ecn used, and the measure could only ** then be considered in the light of an executed * , -\ ( ( pi A." XTi €t tt ** determination ; nor (in whatever way Lord Selkirk's interests might be affected by that determination) could his Excellency consider any other than the ** Crown and its officei*s as the prosecutors in a ** proceeding of that nature." During the interval occasioned by this transfer of the trials to Upper CriUada, several material witnesses for the prosecutions were under the necessity of quit- ting Canada, on account of other urgent avocations ; and among those who were not under such necessity, several were induced, by the offer of pecuniary advantages, to witlidraw into the Indian countries, or to other parts where they were out of reach. rhere is, perhaps, another ground for considering these verdicts as an incomplete testimony of innocence. They were returned by persons who resided near two thousand miles from the scene of the offences, and from the neighbourhood of the prisoners and the witnesses. This disunion of locality and jurisdiction trenches upon the fundamental princi[)les of English law ; and the mode of trial it prescribes is not in substance a trial by jury. If it be admitted, for the purpose of the argument, that the innocence of the prisoners has been esta- blished beyond all controversy by their acquittal, still it is impossible to form a correct judgment from that circumstance of the transactions that have taken place on the Red River. A few persons, indeed, have been brought to trial, but these persons are a small and very insignificant portion of those partners and dependants of the North- West Company, against whom bills of indictment have been found by a Grand Jury, for their partici- pation in the affair of the 19th of June. The reader's I I I r ;^ I XVll h- atterition is requested to tliosc parts of the Reports, which relates to the proceedinj^'s on the Sealed Iiistru- meiits, that have been described as transterring the trials to UpperCyjiiiada. It will there l)e then seen, that the Government of Lower Canada considers these instruments as sufficiently formal, if they contain a de- scription of the person \\ hose trial is to be transferred: whereas the Courts of Upper Canada hold that they are invalid, without a specification of the oflence. The consequence has been that several persons, against ^vhom bills of indictment had been found, for crimes of the most heinous character connected with the destruction of Lord Selkirk's Settlement, and wliose trials had been transmitted to Upper Canada, were there discharged on account of this alleiced defect in the instruments of transmission. Notwithstanding this failure of justice, a fair view of the question betw een the Earl oi Selkirk and the North- West Company, might not have licen withheld from tlie public, if the j)ersons who had been noto- riously the ringleaders in the attacks against Lord Selkirk's Settlement, had not been altogether screened even from the forms of judicial inquiry. Their fate was not left to be determined by contradictory inter- pretations of the ambiguities of Canadian law ; their escape was insured Ijy a course of proceedings calculated to till tlie mind with astonisliuient and indignation. A sliort time after the Government liad communi- cated their determination to transfer the proceedings to L^pper Canada, an a})})licatioii was made on the part of the North-West Company to the Chief-,) ustice of Montreal, to admit to bail ten or twelve persons who were in custody under charges of murder, robbery, arson, and other capital crimes connected c ''li-l u XVlll with the tlestruction of Lord Selkirk's Settlement, cind against several of whom hills of indictment had been actually found by the Grand Jury. The At- torney-General of Lower Canada did not attend in person, but deputed Mr. Pyke, another of the Crown officers, to act in liis place : that gentleman consented to admit the greater i)art of these prisoners to bail. Lord Selkirk's counsel attempted to remonstrate against admitting to bail persons who were charged with offences of so aggravated a nature, but was interrui)ted by the Chief-Justice, who declared that the Court could not recognize any i)rivate pros(^cutor, and that, as the Crown had consented to admit these prisoners to bail, no other i)arty had a right to object. Their liberation was therefore ordered as a matter of course. The persons so liberated, with hardly an exception, made tlieir escape into the Indian countries ; and among them were several of those against whom there was the clearest evidence of crimes of the deepest dye. \\lien the greatest part of these crimi- nals were let loose in the month of January 1818, an exception was made of a very few who were under indictment for murder, in a case where a reward had been offered for their apprehension by proclamation of the Governor-in-Chief of Canada. Mr. Pyke, the Advocate-General, who acted on tliis occasion on behalf of the Crown, as well as Mr. Monk the Chief-Justice of JMontreal, considered this as too strong a case to be bailable : but the Attorney and Solicitor-General, as well as Mr. Sewell the Chief-Justice of Lower Canada, appear to have treated this as a groundless scruple, for they soon after- wards actually admitted the same persons to bail at Quebec. The name of one of them, Cuthbert Grant, ■I .>' I XIX ■| I occurs frequently in the following pages ; and the reader wlin attends to tlie evidence that was given at York, respecting his conduct in the scenes tliat occurred at Red River, will not he surprised that he also should have made his escape into the Indian country. lie was admitted to bail when under indictment for the murder of Owen Keveny, on account of wliich the Government of Quel)ec had offered a reward for his apprehension, and also for the murder of (Governor Semple and his followers at Red River, in which he was notoriously the leader and principal actor : and he was, at the same time, under indictment for five other capital felonies. By these and some other proceedings, no less extraordinary, the esc.ipe of the most notorious of the criminals, under the protection of the North- West Company, was secured ; and when the order was at length given, for removing to Upper Canada the prisoners whose cases had been referred to that province for trial, none remained in custody except Paul Brown and Francois Firmin Boucher, whose trial for the murder of Governor Semple will be found in the following pages. These men had assisted in this crime and several others, in which Cuthbert Grant was the leading actor ; but they were among his subordinate agents, scarcely dis- tinguished in any degree from the common mass of the North- West Company's servants who were em- ployed in the massacre on that occasion. It was not, therefore, to be expected that evidence could be obtained with respect to their conduct, as complete and pointed as with respect to culprits of greater note. To some persons it appeared a matter of surprise, that when all the other servants of the i!^i M f" ^ tai: XX North-Wcst Company had l)ccn liberated on Imil, tliese two oidy should have beefi left in prison ; tliat when the leaders and prineipal aetors had l)een enlarged, subordinate assistants and aecoinpliccs shouhl f)e detained for trial; that when eulprits, who were under five or six capital indictments. Mere admitted to bail, the s.-une indul^anee should not have been extended to men who were indicted (udy for one or two felonies. To whatever cause this is to be imputed, it was at least singularly fcjrtunatc for the credit of the Nortli-West Company, that, among the many indictments fi)und against jR'rsons under their protection, some trials diil take i)lace ; and that through the unprecedented use which was made in Canada of the power of admitting i)risoners to bail, the North-West Company enjoyed the ad- vantage of going to trial on those cases only in which they might think that they had the best chance of success. It is necessary, in this place, to mention a few oc- currences relative to the last trial reported in this volume, the trial of Cooper and Bennerman. In September 1817, when the intention of transferring the trials was first announced by the Attorney-General of Lower Canada, some prisoners were in custody at JMontreal, charged, under four different indictments, with capital crimes arising out of i\\c first destruction of the Settlement at Red River, which was effected in 1815, vh. one for robbery, one for ai^son, and two for maliciously shooting at the settlers. Wit- nesses were on the spot ready to support all these indictments, and the whole of these crimes might then have been brouglit fairly to trial ; but in conse- quence of the transfers,none of these cases were brought 4 I I I XXI forward for trifJ, till iftcr the Lipsc of more than twelve months, and in this interval the whole of the eidprits had been set at liberty. The prinei|)al actor in these crimes, one George Campbell (whose name (K'cnrs in the evidence upon the trial of Cooper and lk>nnerman at York,) was enlar«]fed by INIr. Reid and lAFr. Ojjfden, two Judges of the Coiul of King's Bench at IMontreal, who by their own public avowal from the Bench, are so closely connected with the North-AWst Company, that they could not con- scientiously i)reside at any trial involving the interests of that association. Campbell immediately made liis esc'aj)e into the United States, and thus obtained an effectual shelter from punishment*. In V • T 2 mode, in which the escape of Cam, bell was clTectecl, de- serves to be particularly noticed. " About the time when it was determined that Campbell and the other prisoners should be re- moved from the gaol in Montreal, and sent to Upper Canada, it was discovered that Campbell was no where to be found. Upon inquiry it appeared that Dr. Selby, a physician at Montreal, had visited Campbell in prison about a week before, and stated that the prisoner was in a high fever and dysentery, and that his life was in imminent danger. The regular medical attendant of the prison was never consulted on the subject, nor did he know that the prisoner had been ill. Upon the report of Dr. Selby, how- ever, Mr. Reid and INIr. Ogdcn (the two puisne Judges, who had not long before, declared in open Court, that they would not officiate in any case in which their connections with the North- West Company were interested), repaired to the prison, and signed a warrant in order to discharge the gaoler for Campbell's liberation. The sick prisoner was accordingly carried out to the hospital in proper form, wrapped up in a blanket. No directions were given to have him more closely watched than any of the common hospital patients. Within forty-eight hours of the time of his removal, he asked permission of his sick nurse to go xxu Benncrman and Cooper, two of the inferior actors in one of the crimes for which Campbell was indicted, were induced to make their appearance at York, and take their chance of a trial, grounding their defence upon a plea which could not have applied to Campbell or any of the principal contrivers of the outrage in question. The other three indictments which, but for the transfers, would have been tiled at Montreal, in September 1817, and in which several partners and clerks of the North- West Company were included along with Campbell, could not be brought to the trial at Yorlc, in consequence of the liberation and escape of the prisoners. The offence for which Cooper and Bennerman were tried, was in fact the least aggravated of the crimes for which indictments had been found, relative to the first destruction of the Settlement : yet this was the only one of these offences upon which any evidence at all was allowed to be produced. .1 I The reader will not confine his attention to this narrow investigation of those conductions from the result of the trials into which it has been attempted and see liis wife and children. She forhade him to go out, merely on account of the hadness of the weather; the dying; culprit, how- ever, took an opportunity of walking out unobserved, and, as might be expected, made his escape. He is said to be now resident near Detroit, within the territories of the United States. After Campbell's escape, a writ of Habeas Corpus bearing date before his discharge, and signed by the Chief-Justice, was presented to the gaoler with a request, that he would give up the order of discharge which had been signed by the Judges Rcid and '^gden, and antedate his own return to the writ of Habeas Corpus ; to this the gaoler refused to accede." xxm ■ly 'i! I to mislead the public. He will discovc* in the evidence, imperfectly as it has been brought forward, a state of society, of which no British colony has hitherto afforded a parallel : — Private vengeance arrogating the functions of public law ; — Murder justified in a British Court cf Judicature, on the plea of exaspera- tion, commencing years before the sanguinary act ; — The spirit of monoply raging in all the terrors of power, in all the force of organization, in all the in- solence of impunity*. The reader will reflect on the * The following occurrences did not happen in a barbarous age, nor did they result from the rancorous animosity of savage tribes. They took place in a province of our own, and the perpetrators now walk abroad without the apprehension of punishment. " On my arrival at the fort, the scene of distress I there witness- ed was the most painful that can be imagined. The women and children, and relatives of the slain in the horrors of despair, were lamenting the dead, and trembling for their own safety. I must here observe, that when I left the Frog Plain, it was late at night, and that Grant accompanied me, as my protector, almost to the spot on which I had seen my dearest friends fall. The shade of night hid from my view what the dawn of the fol- lowing day too clearly exposed, their mangled and disfigured bodies bearing the marks of daggers, knives, and axes, by which many had been dispatched after being wounded by fire-arms from a distance ; and most ot the bodies were stripped of their clothing. " After having gone three times to and from the Frog Plain, Mr. Macdonell and the half-breed chiefs came to an agreement in substance as before related. An inventory of the property being taken, the whole was then delivered up to Cuthbert Grant for the use of the North-West Company, each sheet of the inventory was signed by him, as acting for the North-West Company. " On the 22nd the settlers were much alarmed by a report that the half-breeds intended to offer violence to the women of the 1/ ;i 1 XXIV evils that may flow from the administration of justice in Canada, where the prosecution of every public wrong depends entirely on the disposition, the abilities, and the leisure of the Crown officers ; a rule which is inflexible, even where private connections miglit imi)erceptibly warp their judgments, or where the circumstances of the case, by their own avowal, pre- clude them from obtaining competent information. Thv impolicy of that law wiU be discerned, which enabled a Governor, whose situation is held at the beck of the Crown, to suspend the ordinary jurisdic- tion of crimes*, to divest the Trial by Jury of an essential characteristic, to create a dangerous delay, I Settlement, in consequence of which, at their request, I waited on Grant and Fraser, to claim their protection. They answered that the intention of the half-breeds only related to the wife of Michael Heden, and promised me that either they themselvei, would stay at the fort, or send some persi s, in whom we could trust. " The first time I returned from the fort to the Frog Plain, I was accompanied part of the way by the Indian Chiefs, who were going with a carl to collect the bodies of the dead, some of which they b'-ought home, and buried in a corner of my garden. Had Governor Semple really been, (as they always called him,) their father, and his friends who had fallen, their brothers, the Indians could not have expressed greater sorrow than they did on thii occasion. •' On the 23rd we were ready to embark, when Grant came to us, and said, he could not allow us to proceed, as Mr. Alexander INlacdonell, of the North-West Company, had sent an order for our detention, until his arrival. This was dreadful news: we were without arms, standing upon the beach, surrounded by the murderers of our friends, and in momentary fear of our wires and daughters being violated," — Mr. Prilchaid's Narrative. * A statute has lately been enacted in Upper Canada, which carries this infraction upon the common Law of Fngland, to a ^ XXV lim,) the did me to nder I- for we the wires ihich , to a ;■!■ and entail an intoleral)Ic expense, wliilst every re- monstrance is rejected without a liearing. Tlie am- biguities of that law will be deprecated, whicli has given rise to contradictory interpretations proceeding from independent tribunals ; and that discretion will be scrutinized which has allowed to such ambiguities, the operation of discharging indicted prisoners without bail. The degree of irregularity observed in tlic legal ])rocecdings of Courts of Justice ; the extraordinary doctrines promulgated from the Bench ; the authority assumed by individual Judges, of admitting to bail, persons against whom bills of indictment have been foimd by a Grand Jury, for the most atrocious crimes, wiitre, from the secret natiu'e of that investigation, the evidence cannot become the subject of revision ; all contribute to lead the mind to one conclusion, — the necessity of an interference on the part of the Legislature, and of the Executive , Power of tius country. If this interference be withheld, it will not be incon- sistent with the experience of mankind, that persons should be found, who, in the conflict between tlieir allcgiancr- and the natural desire of security, may be induced !o embrace the proffered protection of the United hi a es : and her Settlements in North America be lost to England for ever. It is from such inter- ference alone, that the hope can be entertained of individuals continuing to devote their talents, and abilities, in directing the tide of Emigration, as it greater length. It is tuhave a retrospective operation, and provider that every species of orience committed in any part of a diriiirf, wiiich i^ not included ill any known township or county, may Ik; Irifd t'lit of tliat district, and in any district of the province whaisoi v>r. ^ M it. ■ ■ ii 1^ XXVI flows from tliis country, into channels which may redound to tlic prosperity of the parent state ; — and of colonizing the inviting regions of British North America, with the scions of a moral, a free, and an enliglitened nation. A fevv' circumstances remahi to be explained, in order to enable tlie reader to judge in what degree the Reports of these Trials may be relied upon. The first that appears in this volume, that of Colin Robertson and others, for a riot, is the only trial which took place in Lower Canada, relative to the transac- tions at Red River. It is remarkable, as being the only charge against persons connected with the Sev- tlcment, upon which the North- West Comi)any have thoughit fit to go to trial, though a great many others had been advanced by them, all of which were for- mally aljandoned aftor a long train of vexatious pro- ceedings, protracted for years. At the time when this trial was brought on, no person was to be found at Montreal capable of taking down the proceedings in short-hand ; but a I)rofessional gentleman of eminence undertook to make notes of the evidence in the common mode of writinff The deliberation with which the witnesses were examined, admitted of this being done with a near ai)proach to accuracy, and after the trial was over, an op})ortunity was obtained of comparing these notes uitli those which had been taken by one of ti.e .Judges. 'Jlie trials of Brown and Boucher, as principals, and tluit of Siveright and others as accessaries to the niui'dor of Governor Semple at Red River in 1810, S'v- •f xxvu 1 1 « (( «c « « it it as also the trial of Cooper and Benncrmaii lor a robbery committed there in 1815, are given from tlie report of Mr. AV. S. Simpson, who was employed to take down the whole proceedings in short-hand. Mr. Simpson's proficiency as a short-hand writer is cer- tainly not very great : but no other person could be found in Canada possessed of any degree of practice in that line. He has attested his Report by an affidavit, in which he states, that " he did take down in sliort-hand, to the best of his skill and ability, all the proceedings in the Court at York on certain prosecutions, &zc. &cc. of which he furnishes tran- scripts which contain a correct narrative of all the proceedings, &c. &;c. •, MiUlfs, or I lali'- Breeds— Venom ilesrrn(le(l fioni Indian women by white men, and in tlie.se trials appUed eliietJy to those employed by the North-West Company. B<>urf;i'ois—a\i[i\'m\ l»y the Canaular settlers at Lord Selkirk's Colony. lltihilUmint — A suit of clothes. Habillenients are sometimes given by the Noith-West Company to their servants, as u recompence tor a special service. Half- Breeds— see Bids-Brulis. Ilangard — A storehouse for merchaudisp. llninines Wires — see Free >«ten. FRIDAY, the \blh of MAY. r .t THE TRIAL OF Colin Robertson, | John Bourkb, Michael Hbden, I Louis Nolin, and Martin Jordan. The Offence charged against the prisoners was, the riot- ously destroying certain premises composing a fort of the North- West Company. — The circumstance took place in the spring of 1816. (Messieurs Roderick M^Kenzie, Francois Laroque, and Pierre de Rocheblave, were produced to shew that the place where the offence was committed, was within the jurisdiction of the Court. ) JEAN BAPTISTE ROI, sworn. Jean Baptiste Roi. I came down from Red River last fail, and am not in the service of the North-West, or Hudson's Bay Company. I have been forty-four years in the North- West, and often at Red River, during which time 1 have been but six wintere in Lower Canada. I know the Forks of Red River and a fort bui'l there twelve years before its destruction, by a man of the name of Wills: he was a (bourgeois) partner of the North-West Company at the time the said fort was so built. It was a wooden picketing, made of oak trees split in two, which formed its enclosure. Within the said enclosure were I: f'^i built the house of the partner, two houses for the men, a store, two hangarda or stores, a blacksmith's shop, and a stable: there was also an ice-house, with a watch-house (guente) over it : these houses were good log houses, large and inhabited. In the house of the partner were his clerks and interpreters, and in the other houses his engages (servants), to the number of eight or ten men: each of the houses could have contained twenty men. The houses were thuLi occupied for the space of twelve years, until about two years ago. The river is about seventy-five fathoms broad. I lived on one side of the river, and the fort was on the other. The English* destroyed the fort. Whenever I opened my door I saw them working to destroy the fort, from the time that they began to destroy it. 1 saw Colin Robertson there in the beginning: 1 know Michael Heden from having seen him at Red River; 1 do not know that Michael Heden was there when the fort was destroyed. I saw Mr. Bourke at Red River, but do not know that he was present when the fort was destroyed. I do not see well and could not distinguish, from the place where 1 was, the faces of the persons who were busy destroying the fort. I did not see Nolin there when the fort was destroyed: Nolin is a clerk, and clerks do not work as other men do. 1 saw Nolin go and come several times while they were destroy- ing the houses, but never saw him at work. The timber of the fort, after it was destroyed, was brought to the English fort which was lower down. The English took the pickets of the North- West fort, made them into a raft, and sent them down the river to their own fort: They did the same thing with the wood of the houses; every thing was pulled down except the ice-house: what re- mained of the buildings was burnt. 1 cannot say how many persons were busy destroying the houses and fort: 1 could not well count them, because I could not see them distinctly, but there were more than three persons busy : ■■4 * By the canoe-men from Canada the people of the Hudson's Bay Com- pany are always called ' Les Anglois/ ' the EngUsb.' -^"a perhaps a dozen or more. They were several days abou it; more than one. There were shouts of joy while they were destroying it. The materials of Gibraltar, the fort which was destroyed, were used in strengthening Fort Douglas, the fort belonging to the English, They began to build a fort and houses with the materials, but went away before they were finished, and the gentlemen of the North- West Company finished them. Mr. Cameron and his men were in the North-West fort when Colin Robert- son and his men took possession of it. Atlornej/'General. Who lived in the fort when Colin Robertson took possession,of it? The Der<^ndant's counsel here objected to the relevancy of the evidence gone into on the part of the Crown. The charge in the indictment was for a riot and pulling down a fort in the month of June, not for forcibly taking pos- session of it. The evidence now adduced was calculated to prove the latter offence supposed to have been committed three months previously ; and was of course inadmissible. The Attornei/'General maintained that, notwithstanding the interval of time, these diiTerent overt acts constituted one offence, one continued not, that it would be proved that the defendants had riotously entered the fort, and riotously kept possession till they demolished it. The Court over-ruled the objection, and permitted the Attorney-General to proceed. Jean Baplisle Roi, I was present in the month of March, two years ago, when possession of the fort was taken; I believe it was three years ago last March: I did not see the persons who took possession of it for eight minutes after possession of the fort was taken : Colin Ro- bertson and others came into the fort: I only saw Colin Robertson and Bourke; they had no weapons. 1 did not see Nolin. I was on a visit at the fort when it was taken, one of my children was with me. There were only five old men in the fort, of whom three were sick ; the rest of the men had gone to procure provisions: I returned with my child to my own house, and next day I went back to the fort; I then saw Mr. Robertson and Bourke; it was two ,''■■.■«] M !i-.. K/{. or three daya after that I saw No! in. Cameron was there. Next morning I saw the fort in possession of Mr. Robertson. I saw Jordan and Eobeitson there: I was informed that the partner Cameron was shut up in his room: there was a centinel at the door of the house where Cameron was. They remained in possession of the fort till it was de- stroyed. There was a centinel at the gate of the fort when- ever 1 went thither. Possession of the fort was taken in March 1816, and the destruction of it took place about the opening of the navigation: the navigation generally opens about the beginning of April. Cross-examined. For twelve years past I have cultivated a piece of ground of my own. Before that I was in the service of the North West Company. It was Mr. Coltman,and not the gentlemen of the North-West Company, who ordered me to come to Montreal. I used to sell the produce of my ground either to the gentlemen of the North-West Company, or of the Hudson's Bay Company. I have no knowledge of a fort of the English having been taken the year before, but 1 saw their houses burned: I don't know by whom. I don't know whether the persons who burned them came out of Fort Gibraltar. I know that some houses, belonging to the English, were burnt down in June of the preceding year, but do not know by whom. When the fort was taken, 1 saw only two persons, Colin Robert- son and Bourke, in Mr. Cameron's room: I was able to distinguish them, through the window, as they passed and re-passed between the candle and me: they were quiet, and might have come to visit the persons in the fort, for any thing that I know to the contrary. The river was about seventy-five fathoms wide. My house was about forty paces distant from the opposite shore, and the North-West fort fifteen paces from the adjacent shore : one may speak and be heard without difficulty from the one to the other. 1 was so short-sighted at the time, that 1 could not distinguish one man's face from another, at the distance between my house and the North-West fort. 1 saw 'A 4 4 h ft s: o I I *■■ ome line /hen jert- e to and iiiet, any JOUt orty '^est eak the uld nee saw I 1 Robertson three or four tiaies after the fort was taken, but he went away before it was destroyed. I saw Bourke frequently during the destruction of the fort, but cannot say that he toojc any part in it, either by working himself, or assisting those who did : he went and came frequently. I have seen him both in the inside of the fort, and without. I did not see Mr. Nolin do any thing, but he was there frequently: my memory is not good, it might be two or three days before the destruction of the fort, that I saw them. I do not know who were the persons, that destroyed the fort. FRANCOIS TAUPIER, sworn. Francois Taupier. I have been at Red River, and re- mained there three years. Cameron and his people lived in the North-West fort. It was two years last March since possession was taken of that foit, about the hour of eight in the evening, by about fourteen or fifteen men; Colin Robertson, Bourke, and Heden, were of the number. Cameron's party in the fort consisted of seven or eight persons. I did not see Nolin when the fort was taken. The assailants were armed with bayonets, pistols, and swords; the gates of the fort being shut, they came to the wicket and forced the latch: they rushed into Mr. Cameron's house, and took him prisoner, i had reason to be afraid, because Bourke presented a pistol at me, saying he would put me to death if I stirred : a man, who was armed, turned me out of a house by giving me a blow with the butt end of a musket. The persons belonging to the fort were kept prisoners in their houses, for two or three days, cen- tinels having been placed over them : Cameron was kept prisoner in his own room. I was allowed to go to m}' own house which was at some distance: 1 did not return to the North- West fort until about the middle of May: the fort was then all destroyed. I have known this fort belonging to the North- West Company for three years: there was in it, one large house where the gentlemen of the Company lodged, also three small houses for the men, a store, a blacksmiih'a shop, and an ice-house. I saw some of v^ I' 8 the materials of the North-West Company's fort (Gibraltar) at the Hudson's Bay fort ( Douglas), lower down the river, where Mr. Robertson was, or which belonged to him. Cross-examined. I was a year at Red River before the fort was destroyed, and about fifteen years in the service of the North- West Company in that country. There were some houses at a small distance from the fort belonging to Mr. Robertson, or to the gentlemen of the Hudson's Bay Company. 1 have been told that they had been burnt, but have not seen the ashes: I do not know whether they were burned, or by whom. There were seven or eight men at the fort when taken. 1 was at the North- West fort when Cameron sent for provisions, before Robertson entered : they were then eight or nine men: only two or three were sent for provisions. When I set off, after I was liberated, I went to the distance of four or five days' walk. 1 have no know- ledge who destroyed the fort. BASIL BELANGER, sworn. Basil Belanger. I live at Red River, am a free man*, have been thirteen years there. Fort Gibraltar was built about twelve years ago, by Mr. Wills, a partner of the North-West Company. It contained one house for the partner, two houses for the men, a store, two hangards or stores, a blacksmith's shop, a stable, and an ice-house. 1 was not in the fort when it was taken : my house was two acres distant from it : my little boy having told me that it was taken, 1 went thither: I did not see Mr. Robertson there; 1 saw one M'Lean there, who ordered me to go out of the fort, as I had no business there. M'Lean did not belong to the North-West Company. There were cen- tinels at the fort. I knew the fort was demolished. It was taken in the winter towards the spring. It was destroyed, after it had been about one month in the i^ I I • The term ' Homme Libre,*^ or ' Free Man,' is here used in contra- distinction to ' Engag^,' a ' hired Servant.' I i'' ■% Icontia- "i? •possession of the English. I did not see Mr. Robertson at the destruction of it: I saw Heden there, but did not see him working at its demolition, It was the English, or people from Hudson's Bay, who destroyed it. I saw Bourke passing from fort to fort during the dcmolitior of Fort Gibraltar, but did not see him so oceupied : I saw Louis Nolin also, but he did not work : 1 saw Jordan there, but not working, ft took six days to demolish the fort. Its materials were conveyed to the water side, rafted* and floated down to Fort Douglas. I do not know who the persons were who took away the materials : there might be thirty men employed in destroying the fort. The persons -who took away the materials used them in building houses at Fort Douglas, and repairing it. Mr. Nolin is in the service of the English. The men employed by the North- West Company are called " Gens du Nord- " Ouest,'^ the others are called " Lcs Jngloisy'" or " Gens " de la Baie d'Urwn;' or " Cuns du Petit .Vorri."— The men are under the command of the clerks. I was not in the fort during the time that they were destroying it, having been turned out by Mr. M'Lean. Cross-examine i. Tt was from a settler, an Engi:.-.nman, that I got my house, and not from Mr. Cameron : 1 was not then in Mr. Cameron's service. I was at Red lliver in 1815, when the houses of thecolonists were burned. I was not at the spot, but I saw the fire. I do not know by whom they were burned. 1 have no knowledge of Mr. Cameron having given orders to burn the houses of the English. Colin Robertson went away with Mr, Cameron as his prisoner, about a month after the fort was taken. They embarked as soon as the river was open: at tiiat time neither the fort nor the houses were destroyed. Neither Mr. Cameron nor Mr. Robertson returned that summer. I am certain that I saw ^Martin Jordan coming and going while they were destroying the house. I saw Mr. Nolin pass and re-pass sometimes on horseback, sometimes on foot, sometimes alone, sometimes in company. c V ■. *« i ■•''-' ;■ -ill 10 JOSEPH JOURDAIN, stt>or«. Joseph Jourdahi. I have been many years in the service of the Noith-West Company, have wintered two years at Fort Cibrahar. I suppose it belonged to the North- West Company. 1 never wintered at the fort itself, but was at distant parts, when it was occupied by Cameron. I was at the distance of four or five arpents when the destruction of the fort took place. I neither saw Bourke, Heden, Nohn, Robertson, nor Jordan there at the time. Cross-examined. I saw the demolition of the fort. I was near enouffli to distinguish the persons: there were several persons there. I did not see Mr. Robertson at the destruction of it: Mr. Robertson had gone away the day before. It was by the order of Governor Semple that the demolition took place; it was he who superintended it. Governor Semple was not there when the fort was taken: it was a long time after when he came to Fort Douglas. I am sure that Heden was not there when the fort was demolished, nor were Bourke nor Nolin. I was at the distance of four or five acres from Fort Gibraltar, and would have seen them passing and re-passing had they been there. Martin Jordan had gone away with Mr. Robertson. Jordan after his departure came to Fort Douglas, delivered some letters for Governor Semple (who was then at Fort Douglas), and returned immediately after: he did nothing at all in the demolition. In the year 1815 I was at Fort Gibraltar in the service of the North-^N'^est Company, when the colony was fust destroyed. It was the same colony wl'.ich was afterwards re-established under Governor Semple. The colony at the time of its destruction con- sisted of about two hundred persons: there were several houses in which they lived. In June 1815 the colony was destroyed. K was Cameron and M'Donell who com- manded at Fort Gibraltar when the colony was destroyed. Cameron gave himself out as a captain, and had a red coat. The people who destroyed the colony in 1815 sallied forth from Fort Gibraltar, and were under Mr. I'-l. ling ort any, a me nor con- eral ony om- yed. red 815 Mr. I I 11 Cameron's orders: before the colony was taken and the liou*-es burned, the colony was attacked by an armed force issuing from the North-VVcst fort (Gibraltar) under Cameron. It was a common report amongst the North- West people that the colony was to be atttacked in 18 1 G, and that the half-breeds were to assemble for that purpose at Fort Gibraltar. 1 saw Cameron when he was a prisoner at Tort Gibraltar, having then returned from Panibina. Before that time, at Pambina where Monsieur Bostonois commanded, it was reported that a great number of half- breeds were to assemble at the fort of the North- West Company, and Cameron himself told me so in the month of May, when he was prisoner, and that this was for the purpose of destro}'ing the English colony. Jt was by way of contempt that the colonists were called English, the word English was used as a term of reproach. JEAN BAPTISTE MENNIE, szcorn. Jean Bapiisle JSlennie. I lived two years ago at River Pambina. 1 know the Forks of lied River. I arrived two years ago at the Forks of lied River on the 4th of May. Fort Gibraltar was built twelve years ago: we were employed a whole year building it. In the winter there were twenty men there who were all employed. The fort was built by one Mr. Wills who died there, and was succeeded by Mr. Cameron. There were in the fort one house sixty-four feet long, one of thirty, a kitchen of fifteen feet, another house twenty-eight feet, a store twenty-two feet, and other buildings. I saw the fort this time two years ; xVIr. Cameron and his people were then living there. When the fort was taken I was at River Pambina. When the fort was destroyed I had returned from the wintering place. I lived on the other side of the river, when it was destroyed by the English: I was there, Michael fleden demolished the fort as well as the others, using an axe and a hammer to pull out the pins. 1 saw Bourke, at the time of the demolition, <;ive instruc- tions to a man whom he called a lazy fellow for not work- W\'K 1-' VI., V' L. !2 ing. I saw Louis Nolin there at the destruction, but did not see him work. Martin Jordan was near the fort at tlie time of its demolition. They were abc^ul seven or eight days demolishing the fort. They made rafts of the ma- terials, and brought them down the river to the fort of the Hudson's Bay Company. Croxs-examined. I was in the North- West two years ago. When 1 ar- rived at the fort in May, Mr. Robertson was living quietly there. I went to see xMr. Cameron who was ^hen prisoner. It was customary to winter at Pambina, and come down to the Forks in spring. I havt now been twelve years a free man, that is to say, under no engagement. The year before, I remained all summer at the Forks, where there was a colony of English at Fort Douglas, thirty men or more. Cameron commanded the fort of the North-West Company. I have seen the place where the houses of the English were burned. 1 do not know who burned them. After my arrival 1 remained for five or six days on the same side of the river as the North-West fort. After that I went to the other side. I arrived the 5th of May, and I believe it was twenty-five days after, that the North- West fort was destroved. 1 could see the men across the river, but not so as to distinguisli particular persons. Mr. Bourke spoke English. I understood him well enough, but I cannot repeat the words he used. I am sure I saw Nolin at the fort on horseback, while they were pulling down the houses, but he did not meddle. 1 am sure also that 1 saw Heden working at the fort, })ulling down. I did not remark the particular day. Mr. Robertson was not there when they were pulling down the fort. The people of Hudson's Bay were called " les Anglois" and those of the North-West Company " /es Canudiens." Governor Sernple was at Fort Douglas two years ago when I arrived, but I never saw him in the North-West fort, while it was taking down, though 1 was there several times. 1 I ^ ^ fr i;-:i ^ 15 CHARLES TAIT, sworn. Charles Tnit. I am a clerk in the company of M'Tavish, M'Gillivray, & Co., and have seen the articles of co- partnership of the North-West Company. The persons named in the indictment do compose the firm of the North-AVest Company, and were so in 1816. The es- tablishments, houses and buildings in the North-West and Indian territories form part of their stock and property, and belong to them. Cross-examined. All the persons whose names are in the indictment were, I believe, partners of the North-West Company in 1816. I know this from having made up the accounts in the books, of those down to the name of Sir Alexander M'Kenzie only; I know some of those subsequently named in the indictment to have been partners in 1816, and I believe they all are. I never heard of any other partners. SAMUEL WILCOX, sworn, Samuel Wilcox. I am a clerk to the North-West Com- pany, and the names in the indictment from Sir Alexander M'Kenzie's to James Leith's are now and were partners in the North-West Company in 18l6. I have seen their original association and signatures. All the persons named in this indictment are also named as co-partners in the books, and were so in 1816, and there were none others in that year : some of them are since dead. THOMAS THAIN, sworn. Thomas Thain. I know the partners in the North-West Company. The persons named in the indictment were all the partners of the North-West Company in the year 1816. After the evidence on the part of the prosecution was gonv through, the defendants' counsel renewed the objec- tion made in a former stage of the proceedings as to the i* m ;'-:<•:- ^ 14 irrelevancy of the evidence. He contended that there was no evidence to make it necessary, tiiut the deleiidants sl)ould be put on their defence. They were charged with having on the 1st of June, committed a riot and pulled down houses, Stc. If there was any evidence against them it was evidence of a diflerent riot and taking possession of a fort, committed three njonths [)reviousiy : a totally dis- tinct offence from that charged in the indictment. The defendants ought not, therefore, to be compelled to pro- ceed on their defence, but were entitled to an immediate acquittal. The Court over-ruled this ground, and required the defendants to proceed on their defence. H <1 s; t e\ th ti( THE DEFENCE Was then opened and witnesses called. MILES MAC DON ELL, szsorn. Miles Macdonell. In 1811 I went to found an es- tablishuiet/t, or settlement, at Red River, under the direction of the Earl of Selkirk, and I had a commission as Governor from the Hudson's Ba^' Company, under the authority of their charter. In 1812, a colony was founded there of about one hundred and twenty persons, servants and settlers, and houses were soon afterwards erected, and ground to a considerable extent put into cultivation. The soil was excellent, the climate was good, and the colony would have rapidly improved and flourished, but for the machinations of its enemies. There was a commercial establishment called Fort Gibraltar near the colony, be- longing to the Nortli-West Company; when I arrived it was in the possession of Mr. John Wills. Duncan Camcrcii succeeded Wills in the autumn of 1814. The hostility of Duncan Cameron to the colony was early manifest. An objection was made by the Attorney-General to the admissibility of this evidence. The counsel for the de- fendants contended that it was necessary, in order to shew i i I •^ i 15 yi.o animo the defendants had acted in the transactions in question. The evidence of prior aggressions, and of the groinuls which they had to apprehend a repetition of the same, would prove that ihcy iuid been actuated solely by the necessity of self-defence. The Court allowed the evidence to proceed, with an injunction not to name the persons, who had been engaged in acts of hostility against the colony, so far as they were unconnected with the prisoners. Miles Macdonell. In 1 8 14 1 j)eard that plots and machina- tions were going on in Fort Gibraltar hostile to the colony. The persons of the Nortli-West fort shewed tliis disposition to the colony, by seducing the settlers and endeavouring to starve them. In winter 1814-15 the buffaloe were driven away from our hunters by the servants of the >Jorth-VVest Company. These macliinaiions were followed by an act of open violence in April 1815, when nine pieces of artillery belonging to the Settlement, were taken by the persons who were in Fort Gibraltar, where I saw tlieni afterwards. Those piec s had been forcibly taken. The next act of hostility was committed by an armed force which issued from the North- West fort, in May following, when they took away the cattle belonging to the colonists ; an attack was also made on Fort Douglas, by an armed force, in June 1815; the firing lasted three quarters of an hour. The whole had for its object to drive avvav the colonists. The colonists were in fact driven away in the latter end of June 1815. After the colonists had been forced away, their liouses were burnt. I saw the ruins; but 1 do not know by whom those houses were destroyed. The whole of the colony was destroyed at the same time. The Indians were particularly friendly, notwithstanding the efforts made to stir them up against the colonists. Cross-examined. There was an order issued by me to prevent the colo- nists and others, except Indians, from hunting the buffaloe on horseback, for the purpose of preventing them from being driven away. It was published and sent to the ft-'i! 16 Korlh-West fort. It was never put in evecution, because it was fotuicl to be unpopular, and the motives which induced uie to issue it luisit-proscntcd. The order was issued at the solicitation of the North- West gentlemen, who recommended it as henplicial to all parties. In answw lo a (question from Ihr ('oiirt. 1 have no know- ledge that his Majesty ever conlirmed my appointment as Governor. 1 never took any state oaths: they were never tendered to me. JOHN PRITCIIARD, szL^orn. John Prit( hard. I know that in 1812, a colony was established near the Forks of Red River, under tlie sanction of the Earl ol' Selkirk, in the spring of 1816 I became a settler at Red River with a view of remaining there. The colony at that place was then in a flourishing state. The nature of the soil and climate were particularly favour- able to such an establishment. In establishing myselfthere, I had reason to promise myself a happy situation. Hosti- lity was t'vincetl towards the Settlement, when I first became a colonist, by the persons inhabiting the North-West fort. There were secret machinations going on for its destruc- tion. These were evident from the circumstances of the people in the North-West fort, seducin- the settlers and driving away the cattle, and committing overt acts of hosti- lity by taking away the artillery from Fort Douglas, of which last fact 1 have no personal knowledge, but 1 saw it in Fort Gibraltar in possession of the servants of the North-West Company, and one of the pieces was pointed by one of the North-West people against the Government House, the principal residence of the colonists. I have a personal knowledge of four attacks made upon the colonists in the months of May and June, by an armed force which issued from Fort Gibraltar. I cannot say the number of assailants in these attacks : fifty or sixty persons were engaged in one of them. In one of them a Mr. Warren, a clerk of the Settlement, lost his life. The last attack was about the 23d of June. The colonists were threatened with hostility from the ludians, but falsely, because the Indians were # % ■tr "^ I I 17 nlway* found fricndlj to ut. These measure* of hoitilitjr hati the eftect of driving away the colonists : the North- VVest declared that such was the eflTcct they desired. After the departure of the colonists, the houses and huildings were hurned to the ground. [ was one of the colonists who went to Jack River in consequence. Afterwards Colin Robertson arrived from Montreal, with a number of men intended for the trade of the interior, and prevailed on us to return with him to Red River. The colony was re- established in September 1815, and the houses rebuilt. After the re-establishment, Mr. Robertson acted as gover- nor. The return of the colonists was most agreeable to the Indians. Hostility was renewed against the colony by the inhabitants of the North- West fort; menaces and threats were uttered by the half-breeds in the service of the North- West Company at Vort Gibraltar. They declared that they would assemble in large numbers in the spring, and destroy the colony, as they had done the preceding year. No partners of the North-VVest Company were at Tort Gibraltar when we first arrived. These menaces were renewed after the return of two of the partners of the North-VVest Company to Fort Gibraltar. 1 did not see an unengaged man or Indian during the course of the winter, who did not tell me to take care, and that men were collecting in different parts for that purpose; their language generally was ' mtfitz-vous hien .'' * you will be at- * tacked in the spring!' Mr. Robertson was informed of this. The partner of the North-West Company who had the charge of the fort, was the principal person who had been guilty of the aggressions on the colonists the preceding summer. This was the state of affairs when Fort Gibraltar was taken possession of. The half-breeds were to come in the spring for the purpose of destroying the colony. All that 1 have here stated, occurred previous to the taking of the North-West fort, in 181(); 1 cannot say, if Mr. Robertson deemed it necessary for the preservation of the colony, to prevent this meeting of the half-breeds, but if I had been there, 1 should have deemed it necessary for the preservation of the colony, to take possession of Fort \i '•: -^:.:: ■ ;':;i.' ■ «. •■■Ji». ■ • ' i ^*\ y"^/." ..:;i 18 Gibraltar. I was absent at that time, and returned in April 1816. The colony was destroyed in 18)6, by per- sons in the service of the North-West Company, under the command of Ciuhbert Grant, and the colonists were again compelled to abandon their settlement. This Grant was one of the half-breeds, and headed the party which in fact did destroy the colony on the 19th of June 18 IG. Governor Semple had the charge of the colony at the time that Fort Gibraltar was taken, until liis death. When we returned from Pambina, Fort Gibraltar was entirely under the orders and control of Governor Semple, together with the per- sons in it. The persons of the colony were in the habit of going backwards and forwards from the colony to Fort Gibraltar. When we returned from Pambina we heard nothing of an intention to destroy Fort Gibraltar; it was destroyed in order that it migiit no longer serve as a ren- dezvous for the half-breeds. The resolution was adopted after our return, by Governor Semple, in consequence of fome provisions belonging to the Hudson's Bay Companj , which were on their way in boats, in the river Qui Appeile, having been seized aboi't ihe iOih of May, by persons of the North-West Company, who expressed a determinat'on to coir.e down to attack the colony; this was when the navigation was open, some time in the month of May. After the provisions were taken, a fort belonging to the Hudson's Bay Company, called Brandon House, was de- stroyed by the same persons. This circumstance, and the report that these persons were coming down, were the reasons stated to me by Governor Semple himself, which induced him to cause the demolition of Fort Gibraltar. As far as I know, that measure originated with Governor Semple, whom I saw going from Fort Douglas with a party of colonists for the purpose of destroying it. He told nae when setting out that he was goir >, so to do. At this time, John Bouike was employed with me in making out accompts at Fort Douglas. Mr. Bourke did not accom- pany Governor Semple, but remained with me more than six days after his departure ; he remained so till the IQth of June. Bourke could not have been at the demolition ! t in 19 of the fort during those six days, except at night : he be- gan to write at six o'clock in the morning, and continued so employed until sunset. Nolin was not one of the party who went with Governor Semple. I do not know whe- ther Michael Heden was one of the party or not: I did not see him go. Mr. Robertson was not at Fort Douglas when Governor Semple rescjlved to destroy Fort Gibraltar. About an hour after Mr. Semple left Fort Douglas to demolish Fort Gibraltar, Mr. Robertson embarked for Hudson's Bay. Governor Semple, before his departure to demolish the latter fort, told me that such was his intention, contrary to the opinion of Mr. Robertson, who thought it should not be destroyed. Martin Jordan went away with Mr. Robertson for Hudson's Bay. Neither Mr. Robertson noi Jordan were present at the demolition of the fort. I most sincere!}' believe tbat the destruction of Fort Gibraltar was executed by the party led out by Governor Semple. 1 was twice in Fort Gibraltar during the spring, before its demolition. Some of Robertson's men may l)ave remained, some were gone awa}' with him ; he was unde; the orders of Governor Semple. Cross-examined. When I first went to Fort Gibraltar, Robertson was there. Robertson was not at Fort Douglas when Go- vernor Semple and hi? party went to Fort Gibraltar. I saw Robertson embark about an hour after. An alterca- tion took place at Fort Gibraltar, between Mr. Robertson and Governor Semple, when the latter went to destroy it; so the latter told us. Robertson said to Senjple, " Now, Sir, I am out of the fort," to which Governor Semple replied, " Then stay out." Bourke was employed by me some time previous to the destruction of Fort Gibraltar, and remained with me until the IQih of June. The two forts were on the same side of the river, and distant from each other about one mile, a pleasant walk. It was possible that Bourke might have gone to tlio fort, and given an order during the demolition, but it was t;uile improbable. If any man was to swear lliat Bourke %9 ^'K.'■■ i >* — 20 was there, I could not swear he was not. The half-breeds generally live with the North-West Company ; some of them live in the plains and have tents, in which they live, unless when within reach of the North-West houses. A great many of them live in forts ; they are born in forts; they gain a livelihood by voyaging in the North-West canoes, and the Hudson's Bay boats. When they made excursions they generally came from the North-West fort: they issued from that fort the preceding spring; it was the general rendezvous. Martin Jordan set out with Mr. Robertson, and came back the same or next day with a note from Mr. Robertson to Governor Semple. I can- not say whether he brought it to Fort Gibraltar, or sent it from Fort Douglas thither. Jordan came to Fort Douglas and told us he had a note for Governor Semple, and went back immediately with an answer. Warren died of a wound of the head: the surgeon could not tell whether it was caused by the bursting of a gun in the Hudson's Bay fort, or by a ball. It was a wall-piece that burst at the Government House. The colonists were then repelling the attack of their assailants, the half-breeds. On the 20th of March, ISlO, I was at Pambina (Fort Daer), distant one hundred miles from Fort Douglas. Fort Pambina was not taken. Mr. Alexander Macdonell, Sheriff of the district of Ossiniboia, having heard that three half-breeds, who had committed depredations on the colon}', were in Pambina (a North-West fort), went with his constables to take them prisoners, and took them ; some ammunition and arms, with which they would have committed further depredations, were seized and carried to Fort Daer. These Brules had burned the colonists' habitations the year before. Sometime after the taking of the prisoners, Cameron, who commanded at Fort Gibraltar, sent for the provisions, and they were delivered to him. There was no fort at Pambina; it was merely a house. On or about the 18th of April, 1816, 1 was coming down to Fort Douglas, and saw the house for the last time ; it was not destroyed. Question hy a Juror. Q. Do you know what was done wiih the materials of Fort Gibraltar .'' I '.? I It J It 21 John Pritchard. They were brought down in rafts to Fort Douglas, and employed in repairing it. The timber was set up in picketing and houses. I wintered in 1815 and 1816 at Red River in Fort Daer, which I think is distant one hundred miles from Fort Douglas. In 1814 1 occupied a fort belonging to the North-West Company on River la Sourie. I was then in the service of the North-West Company ; it is a trading post, and a depot for provisions of that Company. Some pemican, four or five hui d bags, belonging to the ISorth-West Company, were teized by Mr. Spencer, Sheriff of the district of Ossiniboia in June 1814. The persons who took the provisions were armed, five or six ; these provisions were in the fort. Two of the pickets of the fort were cut by Mr. Spencer, and his people forcibly entered the fort, and the j-iovisions were taken out. Re'cxamined. Mr. Spencer read a warrant, which he shewed ; but the matter was afterwards settled amicably between the North- West Company and Governor Macdonell. In answer to a question hij the Jury. I know Roi, Taupier, Bellanger, Jourdain, and Mennie I never heard any thing against their cliaracters ; Taupi- is a perfect honest man, and so is Jourdain; I don't know the others in particular. PATRICK CORCORAN, sworn. Patrick Corcoran. I came to the colony of Red River in 1812, and remained till the spring of 1616, in the country of Red River. The colony was begun in 1812; about one hundred persons may have -xnne out with Governor Macdonell, and the colony coormoed to improve. I thought the climate and soil good. Every one i was acquainted with was well pleased with th« colony. During the existence of the colony tb«rre was a North-West fort at Red Rj.ver, called Gibraltar, under the orders of one of the partners of the Norih-Wcitt Company. Acts of ■ .1' ■ ' 23 violence and hostility were committed by the p .sons at the fort on the colonists in the beginning of June 1815. I could see about twenty persons attacking, and believe there were more ; they proceeded from the North- West fort, and returned there. They attacked with musquetry and small arms ; the attack lasted about an hour. In con- sequence of such acts of violence^ the colonists were obliged to go away, myself amongst the number. After the departure of the colonists, thei"" houses were destroyed. I would not have left the colony but for the fear excited by these attacks. The assailants issued under arms from Fort Gibraltar. I went from the colony across the Lake Winipic, to Jack River, where Mr. Robertson came in July 1815. After his arrival Mr. Robertson proposed to the colonists to return, assuring them of protection. 1 went to Hudson's Bay to meet some colonists who had arrived from Scotland. On ni}'^ return to the colony, the colonists had began to rebuild, and completed the buildings during the winter. The common report and the general belief amongst the free men, during the winter, was, tliat the colony was to be destroyed again in the spring, and that the people intended for that purpose, were to assemble at Fort Gibraltar. I was at Fort Daer when Fort Gibraltar was taken possession of by Mr. Robertson. I was at the demolition of Fort Gibraltar in the beginning of June IB 16. Governor Semple then commanded at Fort Douglas, It was by Governor Sem[)le's order that Fort Gibraltar was destroyed. I was at Fort Douglas when Governor Semple left it for Fort Gibraltar; betook with him about twenty men ; 1 saw who they were ; neither Bourke, Heden, Jordan, nor Nolin, were of the number. 1 was at Fort Gibraltar, when Governor Semple gave orders for its demolition. Governor Semple, without having any con- ference with any person on the subject, caused it to be destroyed by the twenty persons vvhoiu he took with him from L'ort Douglas. These twenty persons were those alone who were concerned in the destruction ; those who were previously there having taken no part in it. I was I li| i\ b| 23 rlas. ien. in Fort Gibraltar the whole time of its demolition, it lasted three days. Neither Bourke, Nolin, Heden, nor Martin Jordan had any share in it. Jordan had gone away with Mr. Robertson. It was tlie twenty persons only who were led by Governor Semple, who executed the whole oi' it. Governor Semple and these twenty persons lived at Fort Douglas. The same morning, before any thing was done to the fort, Mr. Robertson went away in a boat. The same persons who destroyed the buildings, took away the materials. Governor Semple remained at Fort Gibraltar. Cross-examined. 1 saw the twenty persons go; I had no list of those persons. Three days were consumed in destroying the fort : I remained there all the time. Mr. Robertson occupied the fort when Governor Semple went there, and was in charge there under the orders of Governor Semple. The defendants could not have taken down a single stick of the fort without my knowing it; those who destroyed it began their work generally at nine o'clock in the morn- ing; their number was sometimes twenty, sometimes more, sometimes less. After taking down the pickets, they set to taking down the buildings as fast as they could : 1 saw Heden either the day before, or the same morning, but he took no part in the work whatsoever, nor could have had any thing to do with it; Bourke had no share in it, nor Nolin. The chief part of those employed in it are now in their graves, from a sort of death well known to the public at large. I was resident in Fort Douglas before that time. If any one swore that any of the defendants took any part in it, I would say it was a lie. FRANCOIS ENOS, dit DELORME, sworn. Franqois Enos. dit Delorme. I was at Fort Douglas when Fort Gibraltar was destroyed in 1816. When Go- vernor Semple left it to destroy Fort Gibraltar I saw the persons who were mi\ linu, and i believe it was done by r '1 '-V 'i '.■ -w ' , .,V:? ' m ■V ■'. ■i^', Vj,. ^.-j 1 Cross-e.vainined. T am in Lord Selkirk's service. I was in the place, but not on the spot when Fort Gibraltar was demolished. 1 do not speak English : it was Irish and Scotchmen who went with Governor Sempie to demolish the fort. Gover- nor Semple spoke English; nobody could have done it without his permission. DONALD LIVINGSTON, szvorn. Donald Livingston. I was present at Fort Douglas, when Fort Gibraltar was destroyed : I know that Governor Semple gave orders to that ell'ect, 1 was at Fort Gibral- tar, when Governor Semple arrived to destroy it; it was in June I81G. The party consisted of about twenty men. 1 knew them, and knowBourke, Nolin,an(l ileden,and must have seen them had they been tiiere. Martin Jordan had gone away with Mr. Uobertson before any part of the demolition had taken place. 1 cannot say wlictlier all the twenty men were busy destroying, some of thein did, and some did not remain at Fort Gibraltar during its demolition. Jt occupied about two days, 1 don't speak positively. I remained there the greater part of the first day, returned to slce[) at Fort Douglas, went again the next day, and •■ .1, 26 returned to sleep at Fort Douglas. I am certain Bourke did not assist in the demolition. I understood him to be busy with Mr. Prilchard ; and neither Heden nor Nolin touched the fort. They might have taken two days to demolish the fort. I am not certain of the time. They had nothing to do w ith it by my knowledge. cross-examined. 1 was at Fort Gibraltar the greater part of the first day. 1 went the second day and remained from eight o'clock till sunset ; I went went there the third day, but staid there only a short ume. I saw some of the wood brought down to Fort Douglas, and it was used in fortifying the fort, and building one house. DONALD M'KAY, smrn. Donald ISP Kay. I was at Red River in 1816, and had been there for three years before. Governor Semple com- manded at the destruction of Fort Gibraltar. Both forts were under the orders of Governor Semple. I was present at Fort Gibraltar when he gave orders to demolish it; he had twenty men with him, 1 saw them. Neither Bourke, Heden, nor Nolin, were of the number. Martin Jordan was gone away with Mr. Robertson. Bourke was making out accounts with Mr. Pritchurd, and continued so employed during the demolition. The destruction lasted three days : during that time Heden was working in his shop at Fort Douglas ; Nolin was in the same place during the same period. I had occasion during that time to go to Fort Gibraltar every day, saw those who were workins^, and can swear that neither Bourke, Ileder>, nor Nolin, had any share in it, and Robertson and Jordan had departed for Hudson's Bay before a stick was taken down. Cross-examined. i was at Fort Gibraltar all day, and every day during its destruction; and returned every night to Fort Douglas to sleep. The work occupied three days ; 1 was there all the time, and they began at the g:Ue. The twenty men ti S7 1 Its as all ICIl were not all employed at the same spot ; none of them could have left the fort without my knowledge. HUGH M'LEAN, sworn. Hugh M^Ltan. I was at Ived River in 1816, when ^ Fort Gibraltar was demolished. I lived near Fort Gihral- M tar, and heard Governor Semple give orders to that effect. 1 saw the party go out for that purpose, and they amounted to ten or fifteen men ; I saw them all, and neither Bourke Heden, Nolin, nor Jordan, were auiongst the number. Mr. Robertson had previously gone with Jordan. I was not there during the demolition, for I was employed in my house. Heden was employed in the blacksmith's shop. "I I saw Nolin at Fort Douglas every day. Cross-examined. I lived in the spring of the year 1816 at the Forks, when Gibraltar was taken; I was there, at Fort Gibraltar, at the time. I was in the employment of the colony, commanded b}' Governor Semple. Mr. Colin Robertson took the fort ; it was taken between six and seven o'clock in the evening. I don't recollect the date. 1 believe I saw John Bourke of the party, he was armed. Mr. Robertson had his sword. Michael Heden was of the party ; I don't recollect if he was armed when he entered. SUBSTANCE OF THE CHARGE. The Chief-Justice directed the Jury to bear in their minds, that the indictment did not charge the pri- soners with an intent of taking and keeping the fort, but of destroying it. That the Jury would have to acquit the prisoners unless they believed that it was their object to pull down the fort. The Jury, after a few minutes consideration, brought in a verdict of NOT GUILTY. V 1 ■ '•V.'^V' ' \\ ' • s I ■>''■-■.,.■-' TRIAL .■■>•' If 1 t M ' » ■ ( # r>- ,, , V ■ J \ -i ■■'^ : I. ;,'■ ', ; '/■• ■■'1 ..,!■ OF PAM. BROWN AND FRANCOIS FIRMTN » BOUCHER, FOR THE MURDER of ROBERT SEMPLE, Esq. •■^^H^v,! W. . ! •^ '■ . ■■ f. ■! t :'1ij At a Court of Oyer and Terminer, held at York, in the Home District of Upper Canada, on Monday, the Wth of October, 1818; PRESENT TiiR Hon. Chief-Justicb Powki.l, The Hon. Mr. .Justice Campuell, The Hon. Mr. Justice Boulton, The Hon. .Iamks Ba«y, Esy. and > ^^^^.^^^ ^^ ^^^^ p^^^^ Willi A. '.1 Allan, Eso. > The Court was opened in the usual manner, and the Chief-Justice delivered his charge to the Grand Jury. I.' ■'■ . ' • 1 THURSDAY, the'22dof OCTOBER, 1818. An indictment was found by the Grand Jury, against as Principals ; as Accessaries be- fore, and CuTunERT Grant, Louis Perrault, Paul Brown, and Francois F. Bou her, Allan M' Don ell, John Sivi. right, Seraphim Lamarre, and| Peter Pan cm an, Alexandkr Mackenzie, John M'Donald, Simon Frazer, Allan M'Donell, SiiRAPHiM Lamarre, Hugh M'Gillis, John M'Laughlin, William Shaw, John Siveright, and 1'eter Pan OMAN, FRIDAY, the ^3d of OCTOBER, 1818. The Attorney-General moved the Court for process against such of the persons charged in the bills that were found by the Grand Jury, as were not in custody. as Accessaries after, the Fact, c* to W ^ CJ • CO "a. F-H s CO o 1-4 in .\ •— c V s J3 1-5 O r/J V4-I — < O O b OJ (L> -D k> a; S ^ E .-i c 4J o ■*i) ^ O P^ ■;^v 32 Mr. Sherwood contended, that those persons who were charged in the indictment as being ?ccessaries, were en^ titled to continue at large on bail. They had been admit- ted to bail by the Governor-General of Lower Canada, who had sent them to Upper Canada for trial ; they were under recognizances to appear at the Assizes in Upper Canada; and he .jjoted Chiity on Criminal Law to shew tha*; under these circumstances no process could legally issue against them; but that, supposing lliey were not under recognizances, a Capias must be the first process which should be resorted to, and that could net be sued out against accessaries until after the conviction of the principals. After a long discussion, the Chief-Justice said that the observations of Mr. Sherwood would not apply to a case ^vhere bills had been found against the accessaries by a Gi-.nd Jury. That with respect to those at least who were charged as being accessaries before the fact, as their offence was capital, he should not admit of their being bailed. That the offeuce, and not the oiTender, had been transmitted from Lower Canada. Tluit he should, however, not insist on committing to custody those who were charged as being accessaries after the .*act, provided they offered security which should satisfy the Attorney-General. The Attoiney-Gcneral consented to the accessaries after the fact, being admitted to bail, themselves each in the sum of five luiudrtd pounds, and two sufficient sureties in the sum of two hundred and fifty pounds each. Upon the sums being named, the Chief- Justice remarked, that he haa no objection, but he should have gone higher, had he fixed the bail, and then directed that tlie defendants s'lould not be admitted to be bound for one anotlier. Messrs. JlcxtnuUr M'Keii'Je, John M' Lavgh/in, Ilu I 'f^.! Jii '•^■l 34 Fort Douglas*, which was occupied by Mr. Semple, the unfortunate gentleman whose death was charged in the indictment, and who was the Governor of a territory ceded by the Hudson's Bay Company to the Earl of Selkirkf. The natural state of the country (even if this infant Settle- ment had experienced no previous disasters), would render it necessary to have a place of strength in its neighbour- hood, and this fort was such, being constructed at the Forks of the River Ossiniboyne and Red River, contiguous to the farms, and serving as a residence for the Governor, Sheriff, and other olHcers of the colony. A few miles below this fort was the Settlement, extending along the Red River for the space of two or three miles. The Attorney-General tlien gave a statement of the evidence he intended tu produce ; and he observed that the circum- stance of the party which attacked Governor SempJe, coming painted and disguised, shewed a premeditation to commit hostilities. That Governor Semple had gone out to watch these persons with no hostile intention was evident from his taking onl}' twenty men with him, whereas there was a much greater number at the fort who could have gone and were desirous of going. It was no excuse to say, that if he had not gone out of the fort they wolild not have gone to him, any more than an act of indiscretion, in itself unjustifiable, can be pleaded in justification of murder. But that, in [ad, the conduct of Mr. Semple evinced only a. natural and praise-worthy anxiety for the fate of those who looked up to him for protection. That the disposition of the armed party was manifestly different from a mere desire to protect tiiem- selves, because they fired upon several of the settlers after the fray was ended, and all shew of resistance had subsided, if ever any was made. That their object was to destroy the Settlement, appeared from their firing on persons who had not been near the see .e of desolation, and from whom no provocation could by possibility have been received. • Fort Douglas if :\b' iit a mile from tiic Forks down the river. t Mr. SempU's ccnimissiou was as Goveruoj- of tUe whole territory of tbe Hudsou's Bay Coinpany. no in t of iliy for was Dem- fier cled, troy who lom U of 35 That it ivas not necessary to shew, that in charging Cuthbert Grant as principal in the first degree, the person had been named who did with his own hand murder Governor Semple, for the moment it was established that the crime was committed, and that the prisoners were present, aidififr and abetting the murder, (and if they were present, the law considers them as aiding and abetting,) it became the duty of the Jury to find them guilty of the crime whereof they were accused. MICHAEL HE DEN rsas called and sworn. Examination conducted by the Attorney-General. Heden. I resided in the month of June 1816, and for some time before it, at the colony at Red River. I was blacksmith there. I had lived there a long time before, for a space of three or four years. In the months of April, May, and the beginning of June, of that year, I was there. I knew one Mr. Semple, his name was Robert. He came out to the Settlement in the fall of the year 1815, and acted as Governor. He was Governor of the Settle- ment. I know something of the death of Governor Semple. We were warned in March by the freemen and Indians in the neighbourhood, that the Settlement was to be attacked during the summer, and we were all much alarmed, because it had heen attacked before, and we kept a constant watch, after receiving the information, at the fort. Mr. Semple resided at Fort Douglas, which stands upon the Red River. There was a settlement lower down upon the river; a settlement of the same kind as are upon these rivers; they were just beginning to build houses; there were none built at that time, the settlers lived in tents, and in the fort ; the nighest part of the Settlement was about a quarter of a mile from the fort, and extended to about three miles below. There was a part of the land cleared, and crops had been raised and come to perfection. Potatoes, corn, barley, and different kinds of vegetables, had been grown. In consequence of the information ^$^' U: k n V,.' , . • , . r.-. H 36 which was received, a constant watch was kept, day and night, from a sort of watch-tower. Between six and seven o'clock, as I think, on the evening of the lOili June, that year, the man in the hlock-house, who was at the top, keeping a look-out, to see if these people were coming, I do not know the time exactly, hut it was six or seven o'clock, or thereahouts, I think, when the man at the block-house called out, a party of horsemen with two carts, were coming towards the Settlement. Governor Semple directly went into the watch-house, and Captain Rogers with him, and looked with his spy-glass to see what they were. When he saw that they were armed and on horseback, he told about twenty of his people to get tlieir arms and follow him, to see what these fellows were about, or what they wanted. The men, to the number ])erhaps of twenty-eight, were ready to go, but Mr. Semple would only let about twenty accompany him. He had not got far when we met some of the settlers running towards the fort, saying, that the r>lorth- West servants were coming with carts and cannon, and that they had taken some prisoners. It was some settlers whom we met running towards the fort, who said they were coming with carts and cannon. They said the servants of the JSorth-West Com- pany were coming, and that they had taken some of the settlers prisoners. We went on after hearing this for about a mile, when we met more settlers, who told us Uiat they had both carts and cannon. Governor Semple then told one of his men to go to the fort, and get a small piece of cannon which was there. It was to Mr. Bourke that he gave these directions ; he told him to make haste, and go to t.ie fort, and get a piece of cannon, and to tell Mr. Macdonell to send as many men as he could spare. Mr. Bourke not coming back soon, we went on towards the Settlement, and when we came in sight of the party of half-breeds, they gallopped up to us, and almost surrounded us, by making themselves into the shape of a hall-moon, going to the river on the one side, and getting beyond us on the otber. One of their people on horseback came up towards us. It was lioucher. He came up towards us, and the Governoi: asked 37 him, " What lie wanted i" and Boucher said they wanted their fort. He said, " We want our fort." Mr. Seniple answered, " Well, go lo your fort," and Boucher answered, " You damned rascal, you have destroyed our fort, you liave " took down our fort." Upon this Governor Semple said, " You scoundrel, do you dare to tell me so r" and called out to some of our people to make him prisoner, and laid hold of the reins of Boucher's hridle. Chief-Justice* Was there any action accompanying the words made use of on either side? how were they spoken? Jleden. They were spoken in a loud voice, but there was nothing done except that Governor Semple laid hold of the bridle of his horse, when Boucher told him he had destroyed their fort; and he kept hold of it for some time. A\'hen Boucher heard Governor Semple call out to us to lake him prisoner, he slid off his horse on the other side, and ran away. \V hen Boucher came forward towards our party, we were within about u guu-shot of each other. There was nothing between us but a few willows and brush, every thing was visible. As soon as Boucher slid off liis horse, a shot was fired, and Mr. Ilolte fell. The half-breeds fired the first gun, and by it Mr. Ilolte was killed; there was no firing before that, and immediately after another was fired, almost directly after, and Go- vernor Semple fell. jittorncij-Gcncral. In coming along, did any of your party discharge a gun, or did one go off by any means, and if there did, tell us how it happened, and where about you were at the time ? Jleden. At about half a mile from the fort, Mr. Holte's gun went off by accident, and Mr. Semple was very much displeased, and told Mr. Holte very sharply, that he should be more careful of (ire-arms, or he might kill somebody; this was some time before our coming up with the half- breeds, and had no connection v/ith the firing between the pnties. It was quite an accident. The two shots of whi ;h 1 spoke, when I said they were the first that were iireu, came from the half-breeds. : .' 1 i>* ■A 'i I i 38 Attorney 'General Where were you, Heden, at the time these shots were fired ? Heden. \ was on the right of the Governor, and very near iiim. All our party were withinside of the half-moon line, but they were scattered here and there, be "ore the shots were fired b}' which Mr. Holte and Governor Semple fell. It was just as Boucher slid ofT from his horse, that the first shot was fired, and by it Mr. Holte ^ell. Attorney 'General. You remember the parley between Governor Semj)le and Boucher, Were Holte and Boucher during that time looking towards the half-moon line ? Heden. Yes, they were. My gun was loaded. Our guns were some of them loadcii, and some not. Those that were loaded were loaded witli ball, as I suppose. We had no other arms but guns Boucher's arms consisted only of a gun, but others of his party had tomahawLs, bows and arrows, and spears. Both Mr. Holte and Governor Scinple fell by the two first shots, and aftev them, when the people had gatliered round Mr. Semple, and were in a cluster, the volley was poured in, and nearly the whole were killed or wounded. jillorney-General. Now, Heden, from the situation in which you stood, can you say that you know the two first shots came from the half-breed party ? Heden. Oh, my God! I could not but know, for [ saw all, and shall never forget it. Attorney 'General. Whereabouts was Governor Semple, that is, opposite to what part of the semicir le or lialf- moon line was he ? Heden. He was pretty near the ceoitre of the half-moon, and the two first shots came from about the centre of th'- haif-moon. I saw the smoke, and could not be mistaken. Boucher slipped oflf his horse before the first shot was fired, and ran towards his own party. There was none fired before that. I did not see Boucher fire, nor do I know that he did fire. 1 do not know which of our people fired. I know that Mr. Semple blamed Mr. Holte very much for letting his gun go oif. ! I 39 Attornei/'General. Did Mr. Semplc, or any body else, give you orders to fire, or say any thing about it? Heden. Mr. Semple said, all he wanted was to see what those fellows were about, and that he wanted no firing at all. 1 heard hiin say that he wanted no firing at all, and I heard him tell some of his people to take Boucher prisoner, but not to fir -J, and if he had given any such directions, I must have heard them. There was no order of march kept up by our party, we went as it happened, or we liked. Mr. Semple gave no particular orders to his men how to behave. To the best of my recollection, he gave no orders at all. I am sure he did not give any to fire, nor did any of our people, to the best of my belief. At the time of the conversation between Boucher and Governor Semple, I was looking towards the half-breeds, and I saw amongst them three Indians in blankets, and only three, and they did not fire. The Bois-brules, before any firing took place, gave the war-whoop ; tliey gnvp it as they were forming the half- ring. I got very much alarmed when I saw the people wounded, and in the confusion that took place I made my escape with my life. Attorney-General. How long was it, or was it soon after Governor Semple fell, that the general firing by which the others were killed and wounded took place? Heden. I cannot say how long exactly. I was very much frightened when 1 saw Mr. Holte and Governor Semple fall. A short time after I saw the wounded mea crying for mercy, but the half-breeds rode up to them and killed them. Attorney-General. You saw Mr. Semple fall by the second shot, do you know whether that shot killed him ? Heden. I did see Mr. Semple fall, but I don't know whether that shot killed him. As soon as he was wounded he called to his people to take care of themselves. He was wounded, as far as I can guess, about the shoulder. I did not see Coveruor Semple get up after he was wounded; he did not wliilcl was there. One M'Kay and I, in the coni'iisiun, made our escape, and got to the liver. Miciiael iviikeuny and one named Sutherland also <::, ■J.' .Oil' •>'>, » •; 40 got away to the river, and sr/am across it, and by i^iat means got safe. Mr. White, the surirron, tlioiijrht also to escape with us, hut we were pursued Ity six men who fiied at lis, and w^oundcd him in the tiiigh or the hip, and whilst they were engaged in killing him, we escaped, ISI'Kay and I, b}^ a canoe, and Kilkenny and Sutherland by swimming. In the course of the night we got back into the fort. On the next day I saw the dead bodies, and nine of them were brought in by the Indians, and among them was the body of Mr. Semple. 1 could not say where the ball struck him, or by which wound he lost his life, as his body was nil over spear-marks, so that I could not distinguish one from another. The Bois-brules were very strongly armed ; they had, besides, guns, bows and arrows, spears and tomahawks. I saw a number of the half-breeds the next day at the fort, and Cuthbert Grant was amongst them. They took away a good deal of the property. The next day after thr massacre we remained at Tort Douglas, .itul cilso the following day, when the half-breed party, headed by C'uthheit Grant, took all the public property, and all the settlers were obliged to go away, and a good deal of our things were taken from us. Chief-Justice. It is not larceny, Mr. Attorney, that we are trying, but a murder. You must keep your evidence to that point. AUorneij-General. It is necessary that, by the sub- sequent conduct of the prisoners, I should shew their prior intention. Chief- Justice. Any thing bearing on the charge of murder, you may go into, i)iu you must not adduce evidence relative to offences for which the prisoners are not upon their trial. Jleden. The Bois-brules encamped that night at the Frog Plains, and the next day they came to the fort, and ordered the settlers away. I saw Boucher at the fort on the next day"; he was not armed, but he came with the others, 1 know Cuthbert Grant, he was there on the day of the murders, and he came to the fort the next day. He is a Bois-brule, and was one of the band of Bois-brulus. J'he Bois-brules insisted upon our giving up the fort, and going 41 away from the Red River country, and a capitulation was entered into between Mr. M'Donell the Sheriff, and Ciiihbert Grant, by which the fort, with ail the public property, was to be given up, and we were all to go away. Cutlibert Grant was with the half-breeds at the time Mr. Semple and the others were killed. I know him very well, and I am sure I saw hTm there. He was painted. Mr. Sherwood objected to entering into evidence ot' what occurred after the battle, and, after some discussion, the Chief-Justice ruled ♦hat the witness might be » \* amined to any tiling that occurred previous to tho dvath of Mr. Semple, but not to events subsequint, us they ruuld not influence it: however tliat after proving Grant was present on the 19th of June, it was competent to the Attorney-General to ask questions for \\\v purpose of elucidating the principle ot" action, or tlie motives that governed the conduct of the party opposed to Goveinor Semple. Ileden. I did see Cuthbert Grant there, and he was armed, but I cannot say that he fired, for I did not see him fire. I saw him on the next day at the fort, and he then acknowledged that he had fired the day before, but he did not confess that he had fired at Governor Semple. He told me to be gone from that part of the country, and warned me when 1 did go, which he said would be in a day or two, never to come back, at the peril of my life. saw nothing of the prisoner Brown till the next day; he was not in the company of the party who came with Cuthbert Grant on that day to tlie fort, but he came with them at the time we all went awav, and left their party in possession of the fort. On the day alter the battle he came to my tent, and there he told me that he had been there the day before. He had two pistols in his sash, and he put one to my breast, and threatened to kill me, and I believe would have done >o, but for an Indian woman who was in my tent. He told me he had killed six Englishmen, and 1 should be the seventh. He talked both in Indian and French, in broken French, atid he made signs by which I understood very well what he meant, i had not seen him before that day, but I am suie 4S the prisoner Paul Brown is the man who came to my tent, and told mc that lie had Killed six Enghshmen. He did not say when or where lie liad killed them, he only said he had killed six Englishmen, and I should he the seventh, but he did not say where or when he had killed them. He said that he had killed six Englishmen, and that I should be, the seventh, and that he would not leave the tent till he had taken my life. By the six people he said he had killed* I understood him to mean six of the party who were with Governor Semple on the day before. 1 had no conversation with him at the time about Governor Semple, but that was ■what I understood. At that time I believe that Brown would have killed me, but that* he was hindered. I do not know that Brown was in the affray of the 19th; I do not recollect to have seen him before he came to my tent. I liave no recollection to have seen him on the 19th, but lam sure it was him who came to my tent on the 20th, and said he had killed six men, and I should be the seventh. 1 did not see Boucher after he joined his party, which hedid di- rectly he slid from his horse. I am certain that I saw Cuth- bert Grant there on the 19th June, and that he was armed and painted; but I cannot say whether he took the com- mand, but I always understood that he did. Atlorne7j-General. You have said, I think, tliat you saw Governor Semple fall, and that on the next day you saw his body. I think, in answer to a question 1 put to you, as to whether you saw any wounds whieh had appa- rently been given by the balls, you said the body was so completely lacerated with the marks of spears, that you could not dii tinguish. Was that the case ? Ileden. Yes, it was. His body was all over spear-hoies, so that I could not see whether there was any ball-holes or not. I could not distinguish. Cross- Examination^ conducted hij Mr. Sherwood. Ileden. I do not know how far it is through Lake Erie and the Woods to Red River country, but it is a long distance. There are no civilized courts there, having judges. a I 43 11 I ■1 j I Mr. Sherwood. Do you know, that before tliis battle of the IJjili June, in which your party appear to have got the worst of it, loiij; l)eror(', thai enmity and war subiisled between the Hudson's Bay Company and the ISorth-^Vest Com[)any, and their servants, in that country. Htden. 1 know that in IBIo wc were turned out of the Ked liivcr country, and the Sclllcnient burned, and the fort ; by tlie fort, 1 mean Fort Douglas. Mr. Sherwood. Do you know of any disturbances be- tween them before tliat, and that they were began on your side ? Jlcdcn. Yes, I know there were quarrels between tliem, but I do not know that the Hudson's Bay people began them. Mr. Shcrx£ond. Then 1 will try and refresh your me- inory. Do you hap[)en to know whether there was any pemican se:»,ed by your people from the North-West Com- pany, or any of their people ? Jledcn, No, 1 do not know of any being seized. Mr. Sheru'ood. Oh, you do not, then you was not one of the party, nor do not know any thing about it ? Chief-Justice. What is this about seizing pemican? If witness had seized it, or been engaged in seizing it, or any thing else, however improperly, how is such a cir- cumstance to be a defence against an indictment for murder i Mr. Sherwood. I beg your Lordship's pardon, but the defence we shall set up for these men, renders it extremely important that I should have an answer, and a clear and positive answer to the question I have put; and I am con- fident, as I consider it important, I shall be permitted to put the question to the witness again. I ask you now, fleden, on the oath you have taken, do you know of a quantity of pemican having been seized by your party from the North- West Company, in consequence, or by virtue of a proclamation of Mr. Miles Macdonell, whom 1 be- lieve, you called Governor Macdonell ? Do you, or do you not? ^'1 ■'i'.' ' II 'v' ■ '.""*' •.f.. ■ >&i '•.-••! ■ 1.' ' r- y> IMAGE EVALUATrON TEST TARGET (MT-S) 1.0 I.I La 12.8 12.5 |5o ^^" m^M ■u 1^ 12.2 ^ — 1 2.0 140 M 1-25 |||.4 1.6 M 6" ► fliotogrephic Sciences Corporation 7? WEST ^^AIN STREET ■/V^aSTM.N.Y. 145«0 (7U) 873-4503 k ^ 44 Heden. No, I do not, I was not there when any was taken. Mr. Sherwood, Very well. In what capacity did you go to this land of promise, and where did you go from I Heden. 1 went as a servant to the Hudson's Bay Com- pany in 1812, from Ireland. I agreed with his Lordship's agent at Siigo. I was to work as a blacksmith for a year for the Hudson's Hay Company, and tlien to go to the Settlement, and have lands. I went there by the way of Hudson's Bay. There were no quarrels there in 1812; at least, I lieard of none. 1 do not know if the lands I had were brought from the Indians or not. There is not in that country a surveyor-general's office, or a council-office, as there is at York, to grant lands there. I did not pay for them. It was agreed with Lord Selkirk, I w : to have lands there before I went. Mr. Sherwood. Then how dare you, or any body else, go and take lands in that country, any more than this ? Would you think of taking lands in Upper Canada, with- out paying for them, or without a deed, or a scrape of a pen, to shew your right to them ? Do you know who gave Lord Selkirk authority to let his agent agree to give you lands there? The Attorney-General objected that the nature of the witness' engagement with the Hudson's Bay Company, or W'th the Earl of Selkirk, had nothing to do with a charge against the prisoners at the bar for murder. Mr. Sherwood and Mr. Livius Sherwood contended that this was a case completely sui generis; that the Attorney-General had not confined himself to the circum- stances actually connected with the affair of the 19th June, which compelled them to have recourse to similar evidence, and it therefore became their duty to shew that such was the state of that country, arising from the disputes occasioned by the conduct of this colony and its adherents ; that it was only a great trespass that could have been committed there, and not mnrder : what would have been murder here, was only misdemeanour T 45 there. VV^ar existed between the two companies and their servants, similar to those which arose between the Lords Mj^rchers, in feudal times, and, upon the authority of Hale and Biackstone, such wars amounted to nothing more than a great riot and contempt. The Chief-Justice determined, that the question might perhaps be so put as to ascertain whether the settlers at Red River had a qniet possession, but it could not be permitted to be taken any farther. He continued; " the " question of Mr. Attorney-General was to shew the dis- " position in which they left home, and came to this place, " and any thing that will shew the temper of mind of these " people, must undoubtedly be evidence in an ofi'ence where " tlie quo animo is the very foundation of the crime. On " the other hand, you certainly are at liberty to shew any " thing you can, that will demonstrate the temper of mind, " created by circumstances of continued irritation, to be " such a? must reduce, on the part of the prisoners, this " case from aggravated murder to manslaughter: so long as ** you shew a continuance of this irritation, by proving that " the state of exci-ability in which the tempers of these " people were left by the contests in which they were " engaged, never allowed their passions to cool, you may " certainly go back to any distance of time; but you ujust " never lose sight of this rule, that it must be an uninter- " rupted irritation, of an extent sufficient to diminish the " crime to manslaughter, if proved against the prisoners." CrosS' Examination, continued bi/ Mr. Sherwood. Heden. I was in the battle of the 19th June, 1816. I did not see the cannon which the settlers we met said the Bois-brules had with them. Chief- Justice (to Mr. Sherwood). My brother Camp- bell has just spoken to me, to say that he wishes you most perfectly to understand, that though you are permitted to go back, you must go no farther than you can keep up a degree of excitement sufficient, if the prisoners should be found guilty of the death, to diminish the offence to man- slaughter. I therefore remind you of it again. I> .r^ •yi' i' ^'x> \ •■., 'Ml l/'f ■■''J: ■ ■'i 4G I' t i ' Cross- Examimttiott, continued b// Mr. Sunnwoon. Ileilen. The Huis-brulc's did not conie to rxir i'ort on the lyih; they kept at ahuut Ji (|uartcrof a mile distant from it, and (lasscd it. \\ e had camion at the ibrt. Mr. Sfiericood. Did you take ihem to the batlle with you, or did Mr. Semple send for them afterwards? Ueden. No, we did not. Mr. Semple sent Mr. IJourke for one, after the people met ns, and said the hali-brceds had come with carts and cannon. ilVr. Sherwood. Did Mr. Semple want a cannon to see what those fellows were about, or what did he want it for, if he did not go out to fight r Ileden not answering lor some time, the question was repeated, Mr. Sherwood adding, that he insisted u[)on an answer, though the witness was swearing in his own caui^e. Chief- J list ice. Do not say tliat, Mr. Sherwood, lie is a witness brought here on the part of the Crown, and en- titled to, and shall receive the j)rotection of the Court. Every man is bound to appear in Court and give his evidence in all cases when subpoenaed, whether of breach of the peace, felony, murder, or any other. Do not, therefore, talk ol being a witness in his own cause, when he is here on behalf of the Crown. Mr. Sherwood. 1 assure your Lordship that no word shall be used by me that is not well weighed ; he has told us he was in the battle himself, and before we have done with the business, we may perhaps give a very different appearance to the proceedings of the IQdi June, to what Mr. Ueden has put upon them. You was in the battle, was not you, on the 19ih June ? Ueden. I do not know that it was a battle. AJr. Sherwood. Why 1 thought you said just now, that you was in the battle. Ueden, I do not know that it was a batlle ; we were ordered not to fire, but if it had been a battle, I should suppose we would have fired. We did not go to fight; all the Governor suid, was, to see what those fellows wanted. 47 Mr. Sherrcood. You had guns when you went out, you sny ; had they hayonrts to t!iem ? J/edrn. ^ es, some of them had bayonets, not all, Afr. Sherrcood. If yoii chd not go to fight, what did you want with bayonets ; were they to spear fish? Ileden. I do not know. I only know that the Gover- nor's orders were, not to fire ; he said lie did not want any firing at all ; lie only wanted to see what these people wanted, lie said, we must see what those fellows want. Mr» Sherwood. Take care and don't swear too fast. As he was your Governor, you, I suppose, were bound to do all he told you to do. If he had led you out to attack this party, who had passed your fort without molesting it, you would have been bound to obey him, as you say he was your Governor? Ileden. He was our Governor; we always called him Governor, and obeyed him as such; I do not know how he was a Governor; 1 never asked him: it was not my place to do so. Mr. Sherwood requested permission of the Court to inquire of the witness concerning the right of Mr Semple to the title of Governor; this was necessary in order to counteract any unfavourable impression arising from his being called Governor in the Attorney-General's speech. The Attorney-General observed, that the prisoners were accused of murdering Robert Semple: he did not admit that Mr. Semple was not a Governor legally constituted, but that as it did not at all concern the present subject, he should forbear all discussion upon the point. J\Ir. Shemood, Do you remember any conversation at the time of your going out with Mr. Sem|)le ? Do you recollect his saying any thing about taking of pemican ? lieden. I do not remember any conversation at the time of going out, except what I have mentiontd about going to see what they wanted. I am sure that we did not go to take pemican, nor did 1 hear Mr. Semple say any thing about taking it from t.ie North-West Company, or that he would have their lives. I know what pemican is. I have frequently ate it myself; it is food prepared ■V- > :» ■■■• ■ ,jr -..^♦;^. 4« for the support of the traders, and is carried fVequently from one post to another, where it is wanted. I do not remember uny other conversation but what I iiave told. The half-breeds had passed our fort before we went out; they did not interrupt us in going by. I cannot say whether they would have come back to us, if we had not gone out to them. The rivers which form what are called the Forks of Red River, are the Red and the Ossiniboine Rivers, and Fort Douglas is at the Forks. The Red River receives the Ossiniboine River at the F'orks, and they both fall into Lake VVinnipic. (A map was here handed to witness, who said he did not understand much about maps.) The half-breeds were mounted on horseback. Fort Doug- las was fortified. It had been fortified for fear of the North-VVest people and half-breeds coming. I did not hear Governor Semple say that he would fire on the half- breeds, nor did I hear Mr. Holte or any other person say they would, i read and write very little. I do not think I should know Mr. Holte's writing. (A letter was here shewn, bui hi; said he could not saj/ whtther it was Mr, Hollers writing or nut. Mr. SherKood. Did you ever say to any body, no matter whom, " We have been disappointed, we deserved " what we got; we fired first, and if we had got the ** better, we should have served them the same;" or words to that effect? Now, recollect yourself. Did you ever tell any body so? Jleden. No, I did not. I never said any thing like it. Mr. Sherwood. And every thing you have sworn to tO'day, is as true as this, is it? IJeden. Yes, it is all true. Mr. Sherwood, 1 psk you, is it all as true as this, " that " you never said }our party fired first?" lieden. I never did say so; I could not, because I knew the half-breeds fired first; and all 1 have sworn to is as true as this. Mr. Sherwood, You have spoken of a report that you were to be attacked; where did that report come from? IJeden. We were warned by some ludiani, that they S( ti- lt d( M It I nto ^ 4» were gath(?ring at Qui Appelle to nttack u«, and we had been told before llmt we were to be atlncked. Tliey did not tell us that Brown and Boucher were to attack us. There was a fort a little above Fort Douglas, belonging to the North-VVest Company; I was told it was destroyed, but I do not know that it was: it mi'j;ht have been sent down to Fort Douglas in a raft, and I might have seen it, but I do not know that 1 did. VN'e see so many rafts there, that it would be hard to tell one raft. It was generally said, Fori Gibraltar was taken by the Hudson's Bay people, that is all 1 know about it. Altornej/'General. It is no matter; for it cannot be evidence, either one way or the other. It has nothing to do with the case. Chief-Justice. I do not know; it may drpend upon how long it was before this affair of the l^th June took place. Mr, Sherwood. I will ask you once more before I finish with von, did vou ever toll anv bodv in this town, or .my where else, that it was your party or the lludson'i* Bay people, who fired first? J/edfn. I have told you before. A/r. Shencoofl. And you must tell me again. Ileden. I never did say that ou'- party or the Hudson's ])i\y people, fired first. \\ hen Boucher said he wanted their fort, he did not say Foil (libraltar, but i do believe that he meant Fort Gibraltar. Re-examined by the At to r n r v-G i-; n era f.. Jltdcn. I do not know that it was taken, for I did not see it taken. '. htard that it was taken in March. AUorney-General. And this battle was on the 19th June, I should therefore think, it can be of no consc<]uence. Mr. Sherwood. We have as yet only got a pa-t of the truth from this witness, but we shall prove it by others. II was taken in the early pari of the summer, and floated down to Fort Douglas. The Red Kiver is frozen up in March, nad long after, therefore it could not have been H I ■ A «: if 5U i ' in Marcl). You tay you had notice sotne time before, that the half-breeds were to attack you. What was the informntiun which 3'ou received? licdcn. We were told they were to assemble at Fort Gibraltar, when the river broke up, and attack us. Mr. Shcnconil. And 3'ou, like good generals, attacked them first; however, we will leave the fort, as you did not see it taken, and go to l*aul Brown, of whom you have given us this terrible account. You say he spoke to you in the Cree language. Have the goodness to tell in Cree what he said. Heden. Brown, when he came to my tent, spoke in Cree. TVitness here repeated some Indian words, and said that in English it was, " 1 have killed six Englishmen, " and you shall be the seventh." 1 had no quarrel witli Paul Brown. It took place on the 20th June, the day after the battle at the Plains. 1 can talk a little Indian, and so I could in June 18 16, when this happened. I should have understood Brown, had I not been able to speak it, as he put up his fingers, and made signs. Mr. Sherwood. I am afraid your Indian education is of a very recent date. Can you say any thing else in Cree, or, I ask you on your oatli, could you at that time speak any Indian? Heden. I could speak it then as well as now. Chief-Justice. He says, if he had not spoken it, he should have understood the prisoner by the signs he made; besides, he has given you the words, and swears that he knew them then as well as now, and he has given you their meaning; there are persons here understanding Cree, I dare say. You understood him, did you, by what he said, and by signs P Heden. I understood the words he said, and I should have understood them by the signs he made. I do not know of any pemican being taken. I did not assist to take any ; there was a report of it having been taken from the North- West Company: this was about 1813 or 1814. I 61 DONALD M»KAY, sworn. Examined by the Solicitor-General. Donald M*Kay, I nrrived in the Red River country in 1812, and I was there in 181t>, in the month of June. I heard, a little before June 1816, Oi threats to destroy the colony at Red River. I had, as long as I iiad been there, heard that its destruction was threatened, bui I heard it then more particularly than before. 1 saw in that year, in the month of May, Cuthbert Grant, at River Qui Appclle, as 1 was stopped by him; I do not know if Boucher was with them, but 1 saw him afterwards at Brandon House. I was coming down the River Qui Ap- pelle with provisions, and was stopped by Cuthbert Grant, and made prisoner by him and an armed party, and taken back to the North-^Vest Company's fort at Qui Appelle. It was in May that same year, that this happened. Cuth- bert Grant and the prisoner Paul Brown were among that party, but Boucher was not. There were about twenty- seven, or twenty-eight persons, but with the Bois-brules there were fifty or sixty. 1 saw Francois Deschamps, and he was there. Cutiibert Grant commanded the party who took me prisoner. Whilst at the fort at Qui Appelle, (where I was kept four days), 1 heard Deschamps say, they must go down and destroy the colony at Red River. I saw the prisoner Boucher at Brandon House, he said he was glad our people were taken at Qui Appelle; and when 1 answered that there were a good many more at the Settlement, he said they would go down and destroy it. This was the very end of May, or might perhaps be in June. We left the armed force which had taken me prisoner at the fort at Qui Appelle, and went on to Bran- don House. Boucher, one of the prisoners, was there. Hoole was not, neither was Grant. V^ery soon, I believe, only one night after, we continued our route to the Settle- ment. I heard no other than what I have told, but wheo we got to the Settlement, we heard the report that they expected to be attacked, and they were armed to ^^ • .'\ V", '-■i ;< J: ■,.- \ :: ■• t •. -I. ' ' m pi»>tect tliemselves. We alwnys kept a iuok-niit at ihc fort, and on the lytli .liinc, some one at the look-out gave notice tliat a party were coming down towards the Sctilcment. The (iovcrnor cainc (»ut with a spy-plass, and after lookint; through it, he calUd to about twenty of his people to go with him, and see what they wanttiL I was one that went out wiih Ciovernor Srmple. W e weie armed, and as we were going along, AJr. Ilolte's gun went oil' by accident, atid the Ciovernor scolded lum for not taking better care. A short linie alter this, we were surrounded by this party, who were generally p.iinted. I knew some of them; we were clone to them, or nearly so, but 1 do not know if lioueher was [)ainted, or if Deschamps was there. They were strongly armed, having guns, bows and arrows, s[)e;ns, and tomahawks. V\'lien they were surrounding us we stopped, for they came up very cjuiek, being on horseback, and were going to lire. Mr. Semple ordered us to sloj), and see what they would do. J heard a shot fired, and on lurmn*:^ round I saw Mr. Jlolle fiiU, but before that took place, Boucher came out from ins party, and eanjc over to ours, an had some conversa- tion with the Ciovernor, and I saw the Governor catch hold of the butt of his gun. I heard at the same time some words, but coi'.'d not understand what they were. Boucher iIkmi sprang If his horse. Mr. i^hcncoud. \\ ill your Lordships allow me to ask you if you have taken that the witness saw Mr. Semple take hold of the butt of Boucher's gun, because 1 consider it very material r Chi(f;Justht. I have taken it. What did Boucher do when Mr. Seniple took hold of the butt of liis gunf M^Kaij. IJe got olf his horse, and as soon as he was off, 1 heard a shot, and saw Mr. Molte die, and imme- diately after, another. I afterwards saw that most of my party were down. Governor Semple was killed directly after Mr. llolte, for two shots went oft" directly alter one another, by one of which (the first) Mr. Holte fell, and by the otiier, Mr. Jjemple, who immediately called out to his ^ I m 53 people to (io what titcy cuuld to lake t*Hie of themselves. Ah>sl of our party nac then fallen^ the half-brreds rode up to the xcounded. I iliU Hie myself, hut not before Mr. Molte and (Jovcnior Snnple fell, nor ihd i hear, nor do 1 believe, that any of our party did. i do not know what they did alter I saw most of our people down, as 1 en- deavoured to make my eiseape. '1 he next day 1 saw one of our parly, whom i had heard eall for mercy, with his head cut open. Some of this party were liuliaiiS) and some half-breeds, and some Frenchmen. Cuthberl (.Jiant was there, but I do not know that he was at the heud of the party. The half-breeds do not generally paint; it is not common for them to do so. There were only three or four of our party who made tlieir escape. 1 got to Fort Douglas that night, and 1 slept there; the next day 1 saw Boucher come in with the parly to the fort*. 1 knew Grant, Boucher, Fiaser, and Paul (the prisoner Brown )^ who were among them. I do not know if they were all there the day before. J, that day, lieard Brown ask where ■^ • A witness (Jami'S M'Intosli) was prutlucc'l to the Attornoy-tieneral, and >;ave testimony that on tlie second day after the murder of Scniple, Bonclier was at Fort Donglas, busily cnguRed in sicnring the |)roprrty, which had been j;iven up to Cuthbert Grant and the Nortli-\\ est Company, as the price of the lives of the settlers. M'liitosh on that occasion had been present, when one of the liaU'-lireeds was in the act of carrying off a trunk belonirini,' to the late (Jovernor Scmple: that ptntlcnian's personal servant interfered, and claimed the trunk as belon^ini; to his late master, upon which Houchor advanced, anil took the trunk fium him, saying that " it belonf^ed to the man w ho had killed his mastur." Une Donald Living- ston also was ready to give evidence that on tho day after the massacre, he saw Tioucher with a number of half-breeds, enter the habitation occupied by Mrs. iM'Lean, whose husband had been killed the preceding day, and rob her of a number of articles, her private property. He had also seen Boucher actively employed in carrying oti the arms of which Orant and the other half-breeds took possession at Fort Douglas, when they had com- peted the settlers to surrender. This testimony of Livingston and M'ln- tosh was taken down in writing, and |iut into the hands of the Attorney- General, but that gentleman did not bring them forward as witnesses. Its relevancy as indicating the original unlawful purpose of the half-breeds, in the prosecution of which they occasioned the death of Governor Semple, is submitted to the consideration of the reader. ■ 1 iA 54 lleden wle front the North-VV^eHt Company, but 1 do not know the (juaniity, but i jelieve two boat-loads. I do not know any thing of the great c|uaniily of pciniean taken by Mr. Spencer, amounting to five hundred bat^s. 1 d'» uut know of any pemiean being taken by the North-West people, before this was taken from them. There were eantion at Fort Oouglus, but 1 do not know that they were to prevent the North- West people going down. I heard no tiireats from Governor Semple that they should not pass, or that he would fire on them if they attempted to pass. The party had provisions, and went with earts, but I do not know why. The North- West Company had been accustomed to send their provi- sions by water, and they came from the River Qui Appclle to Portage des Prairies by water this time. Portage des Prairies is a good day's march from Port Douglas. At the time that Governor Semple and the rest of us went out, the other party were going towards the Settlement, they had passed the foit, but had not come towards it. I saw Mr. Semple seize the butt of Boucher's gun, but [ did not hear whether he tlneaiened him, or whether Boucher was in fear of his life. I did not hear what passed on either side. Mr. Sherwood. Did you not observe what Boucher did ; did he laugh, or did he cry, or what? AVKmy. He did not laugh certainly. I did not hear what passed. 1 fired myself, as I was running off, at a man who was pursuing me. At the time I heard our people crying for mercy, it was before I went away. Both parties were then close together, and some of them were running about. John Green it was that 1 heard call. 1 heard Governor Semple order Mr. Bourke to go for a cannon. 1 did not see that the North«West had any, but the settlers we met t^aid they had, and then •'i 56 Governor Seniple sent for one. I did not see ibitt Mr. Seniple had a gun or a rifle. Mr. Sherwood. You have been talking about a Settle- ment, will you now tell us what sort of Settlement thin was; and what grew there? JWKat/. There was a good many people there, perhaps forty or .!!»', who lived near the fort. They had raised grain. Mr. Sherwood. Grain ! what sort of grain ever was raised ? W'Ko)/. Wheat and barley. Mr. Shencood. Do you njean to swear that they ripened ? M'Katj. Yes, it had ripened the year before, and was fathered, and potatoes in great plenty; wheat had ripened, and was sown again this year. Mr. Molte's gun went off quite by accident, and Mr. Semple was quite angry with him for not giving better care to his gun. lie-Exnmimtion bif the Attorney-General. \o\\ have said you know of pemican being taken from the North-West Company by the Hudson's Bay people; did you ever know of their people taking away the lives of any of the jSorth-West Company, or do you know of any lives being lost in any other alfiay by the North-West Company? M'-Kay. No, I do not. I do not think there have been any. JOHN P. BOURKE, 8a;or», Jnd evamintd bjj the Solicitor-General. Mr. Bourke. About the month of June 1816, I was at Red Rivet ; there was a report current at that time of an attack being expected from the North-West people. I heard that they were assembling at a North-West post, bat 1 know nothing myself of it being expected particularly from the people of Alexander M'Donell, but 1 know that -'••.^r-yi) 57 it was a general report that the Settlement was to be attacked, and in consequence of this expectation, sentries were kept constantly at Fort Douglas. I remember the 19th June in that year ; about five o'clock in the afternoon of that day, notice was given by the man upon the look-out station, that the half-breeds were coming down, and were going towards the Settlement. Mr. Seiuple took his spy- glass and went to the look-out station. I accompanied him, and after looking some time, he told about twenty men to follow him, anfl see what these people wanted, and a number accordingly went out, perhaps about twenty, or rather more : after going a little way, we met some women coming from the Settlement, running, and crying that the half-breeds were coming down upon them with carts and cannon. Upon this Mr. Semple sent back to the fort for a small piece of ordnance which was there ; it was me that he sent; he desired me to go back and get the cannon, and tell Mr. Macdonell to send as many men as he could spare. I ac- ^•ordingly went back and got the cannon, but Mr. Macdonell could only spare one man; as 1 was returning, I saw the half-breeds coming up towards the Governor's party in a straight line. Presently after they made a half-circle, and nearly surrounded them ; 1 saw the flash of a gun, and immediately after another, and shortly after 1 saw a general firing along the whole lim. of horsemen. The firing ceasing some time after, anr' <^eting none of our party, I was afraid that I might be intercepted with the cannon. I therefore returned with it, but did not go back to the fort myself, as after we had gone a little way, I determined to go and see what had become of Governor Semple, being joined at this time by some men who had come alter me from the fort. 1 therefore sent the man who had come M'ith the cannon, back wtth it, through the bushes to the fort, and we went on to where we expected to find Ciovernor Semple; when we had nearly got to where we supposed he might be, we saw some men iti the bushes, and also farther on some men taking care ot the people's horses, ,- ho were now dismounted and spread over t!>e ground, but I did not see any of our people. I at first thought that these men in the bushes 1 »:•• '•;•.'' ;.'■... ■ ■ •. i ■■':\\ .■«■-, '■■I I rl •i 58 were some of our people, who had made their escape. They called out to us, saying they wanted us, and called to me that the Governor was there and wanted me. I stood a little lime, not knowing whether to go on or not, when they called out again, " Come on, come on, *' here is your Governor, and he wants you, won't you " come and ohey him ?" Tiiey were concealed in the hushes and brushwood, but 1 saw presently afterwards that they were half-breeds, and I perceived one of them in a sort of shirt, with a large bunch of feathers in his hat, resting his gun upon a stump and levelling at me. I and those that were with me, immediately turned back, and as we were making our escape, we were lired at, and I was wounded, and one of the men who was with me was killed by another shot. 1 do not know any thing about who fired first at the Plains, but I always heard it was the half-breeds, aiid that iVJr. Uolte was killed by it. I never sav/ Mr. Semple afterwards. I saw a number of bodies from the window of my room, but being wounded, I could not go about. 1 saw both the prisoners afterwards on the next day at the fort, but 1 did not speak to them. 1 understood that they intended to kill two or three more, and I expected I was to be cue. The fort belonging to the North West, at which I spoke of the people assembling to attack the Settlement, was their fort at River Qui Ap[)eiie, and Mr. Alexander Macdonell was in charge there. I saw Cuthbert Grant on the day after the outrage at the fort. [ could not distinguish him on the IQth, but I always heard that he had the command on that day. 1 heard it generally said so. Cross- Examination, conducted by Mr. Sherwood. Mr. Bonrhe. Ever since I came to the country in the Indian territor, I have been a clerk, partly in the service of the Huds n's Bay Company, and afterwards in the service of the Earl of Selkirk, at the Settlement at Red River. 1 have hoard it repcMted, and I cannot say I have any doubt, though 1 do not myself know it, that Earl Selkirk is iulcresteil in the Hudson's Ray Company. I 1 59 have heard' that he was a partner, and I do not myself know that he was not, any more than that he was. 1 always observed the orders of Mr. Semple, and I suppose his authority came from the Hudson's Bay Company. 1 know Mr. Miles Macdonell ; he was at the colony before Mr. Semple, and I was there before lie was. 1 have seen Mr. Macdonell write, and should know his hand-writing if I saw it. (The Proclamation was then produced and shewn to KitnesSyTc/io said), I believe the signature to this paper to be Mr. Miles Macdonell's hand-writing; 1 have no doubt of it at all. Mr. Sherwood moved that the Proclamation be now read . The Attorney-General objected to the pa|)er being introduced as evidence on a charge of murder against the prisoners ; that the line of defence adopted by the prisoners' counsel, was only a mode of justifying one crinie by another: (admitting for a moment that unjustifiable acts had been committed by the servants of the Hudson's Bay Company), it surely was irrelevant to the purposes of the present trial, to prove a Proclamation made years before by a person whose name did not even appear in the present transaction. Mr. Sherwood observed, that it was his intention, if permitted to read that Proclamation, to go on to shew, that without the food called pcmican, trade could not, in that countiV} be carried on; then that it had before, when passing in boats, been outragiously seized; that at the moment the precaution v/as taken of sending it down under a guard competent to protect it, it was actually required to meet persons who were expected, and who, if they did not receive it, must starve ; he should prove there was no intention of interfering with the colony ; that the sole object was to carry provisions by the route that was left. JSlr. Seinple's people came out for the purpose of making an attack, and he trusted he should prove that they fired first ; the circumstances of the country were not <.< ^ri ■V: . ..< ■ » 1 •'' -I, * tl « k H ' i^'. ... '•ij T 60 like those of the civilized province of Upt{)er Canada, where recourse could be had to the protection of the law ; there a man was compelled to be his own protector. Mr. Livius Sherwood contended, that it was open to the accused to shew whatever he could in the conduct of those who accused him that could in any degree account for his own, or reduce the enormity of the offence for which he was accused : on this principle the counsel of the pri- soners proposed to put in the Proclamation, forbidding the exportation of provisions; then to shew, that the pemican was taken by virtue of it, and in this way to shew a train of circumstances down to this very day, which would lead to the conclusion, that a state of irritation existed from the imminent danger the North-West Company and their servants were at all times exposed to, of losing not only their property but their lives, by disobedience to that Proclamation. The Chief-Justice expressed his opinion, that evidence should be admitted to shew an exasperated state of feeling, and that under it excesses had been committed ; and that these repeated aggressions had created such an irritation in the minds of the party lo which the prisoners belonged; which raised a suspicion of injury being done them when- ever they met the opposite party, such as to justify, in the unhappy and peculiar state of that country, their resorting to arms for self-protection, even before an actual attack had been made upon them; that if the counsel for the prisoners could prove a constant irritation was kept up from any time down to this unfortunate 19th June, not only without interruption, but that the causes of this irritation were in such constant succession, as not to allow the passions to cool and reason to resume its sway, that it was no matter where they began. His learned brethren, under this explanation, that the irritation must be in such immediate succession, that there was no time for passion to subside, did not object to the Proclamation being read. i 61 The following Proclamation was then put in and read. I I V: PROCLAMATION. WnEitEAs the Governor and Company of Hudson's Bay, have ceded to the Right Honourable Thomas Earl of Selkirk, his heirs and successors, for ever, all that tract of land or territory, bounded by a line running as follows, viz: — Beginning on the western shore of the Lake VVinnipic, at a point in fifty-two de- grees and thirty minutes north latitude; and thence running due west to the Lake Winiplgashish, otherwise called Little Winni- pic; then in a southerly direction through the said lake, so as to strike its western shore in latitude fifty-two degrees; then due west to the place where the parallel of fifty-two degrees north latitude, intersects the western branch of Red River, otherwise called Ossiniboine River; then due south from that point of intersection to the height of land which separates the waters running into Hudson's Bay from those of the Mississouri and Mississippi Rivers; then in an easterly direction along the height of land to the source of the River Wi-mipic, (meaning by such last named river the principal branch of the waters which unite in the Lake Saginagas,) thence along the main stream of those waters and the middle of the several lakes through which they pass, to the mouth of the Winnipic River ; and thence in a northerly direction through the middle of the Lake Winnipic, to the place of beginning. Which territory is called Ossiniboia, and of which I, the undersigned, have been duly appointed Governor. And whereas, the welfare of the families, at present forming Settlements on the Red River, within the said Territory, with those on the way to it, passing the winter at York and Churchill Forts in Hudson's Bay ; as also those who are expected to arrive next autumn ; renders it a necessary and indispensable part of my duty to provide for their support ; in the yet uncultivated state of the country, the ordinary resources derived from the buffalo and other wild animals hunted witliin the Territory, are not deemed more than adequate for the re(juisite supply. Where- fore, it is hereby ordered, that no persons trading in furs or provi- sions within the Territory, for the Honourable Hudson's Bay Company, or the North-West Company, or any individual, or miconnccled traders or persons whatever, shall take out any provisions, cither of flesh, fish, grain, or vegetable, procured or I y- '■ !■ ' I \, 69 raised within the said Territory, by water or land carria^r, for one twelvemonth from the date hereof; save and except what may he judged necessary for the trading parties at this present time within the Territory, to carry them to their respective des- tinations; and who may, on due application to me, o!)tain a licence for the same. 'I he provisions ])rocured and raised as above shall be taken for the use of the colony; and that no loss may accrue to the parties concerned, they will be paid for by British bills at the customary rates. And be it hereby further made known, that whosoever shall be detected in atteniptinf' to convey out, or shall aid and assist in carrying out, or attempt- ing to carry out, any provisions prohibited as above, either by water or land, shall be taken into custody, and prosecuted as the laws in such cases direct; and the provisions so taken, as well as any goods and chattels, of what nature soever, which may be taken along with them, and also the craft, carriages and cattle instrumental in conveying away the same to any part, but to the Settlement on Red River, shall be forfeited. Given under my hand at Fort Daer, (Pambina,) the 8th day of January, 1814. (Signed) MILES MACDOiNELL, Governor. By order of the Governor, (Signed) John Spencer, Sccretnrj/. Mr. Sherwood, Do you know of any provisions being seized, in consequence of lliis Proclamation, by the Hudson's Bay people from the Morlh-West Company, and by whose authority, or who gave the orders ? Mr. Buurke. I do not know of any provisions being seized, but I have heard a report that there were some taken from the Nortii-VVest Company by some of our people, but 1 do not know by whose orders, or that it was under the Proclamation of Mr. Macdonell. I know nothing at all of two bateaux-loads of pemican being taken, nor of five hundred bags of pemican, though 1 hcve heard it re- ported that there were, but I know nothing of ir, of my own knowledge. Mr. Sherwood. Are you acquainted with tlic taking of fort Gibraltar? 63 Mr. Bourkt'. L nless I am obliged to answer that ques- tion, I shall not. Mr, .S/ttrrcoad. Wiiy not, Sir ? was you at the taking of it r Was you one ol" the party in that daring outrage ? Mr. liourke. 'I'hat is no matter ; unless 1 am ordered by the Court to answer that question, 1 shall not. ('I'he Court informed Mr. Hourke, that he need not an- swer any question whieh might involve him in a criminal [)roseeution, but all other (jucstions he must answer.) Mr. i>licncnn(l. ^Vell, Sir, 1 do not ask you, if you helped to raze Tort Gibraltar; but did you hear any thing about its being razed by any persons ? Mr. Bourke. I (let line answering that question. Mr. S/iericond. Well, Sir, you shall answer it then in another way. Did you know it AJiehael Heden was at the taking of that foit i That is a (juestion you must answer. Mr. Bourke. I believe Michael Heden was at the tak- ing of Fort Gibraltar. I saw a rait of materials come to Fort Douglas, some tiiDe afterwards, but I do not know thai they were the materials of Fort Gibraltar. I have heard, and I believe, they were the materials of F'ort Gibraltar. The Red River usually opens, or breaks up, about April ; and it was about the latter end of May that I saw those materials, which 1 was inlbrmed, and believe, were those of Fort Gibraltar, but 1 do not know that they were. It being the latter end of May, it could not there- fore be long before the battle. I sa\'' Governor Semple go out to protect the settlers. I went out with him, and had a gun and some balls loose, but I had no cartridges. Some of the guns had bayonets to them ; we did not go out to fight this party, tliough some of the guns had bayonets. Mr. Shtrtrnod. Wlial could you want with bayonets to your guns, if you did not go to fight? Do you use bayonets in hunting ? Is it usual to shoot buffalo with bayonets ? How came you to take bayonets, if not to fight ? Mr. Bourke. i do not know how it was, but we did not go out to fight. W^e went out to protect the settlers, and get them to the fort. K they had been in tlie fort, we should not have tione out at all. We had long ;■'.. *• .< t « ' I, •;'i'.,- \-i- '! .■^Hi■^. .■i t i". •a:'- ' ^ :-M \ 64 expected llie attack. Our apprcliensions arose from infor- mation given us, and from repealed threats ; also from our having been fired on in 181.!*, when fliey drove us away. Mr, Sherwood. Do you mean to say now, tliat your party did not fire first? 1 know you liave said it before, but I ask you again ? Mr. liourke. I do mean to say now, as 1 always have said, we did not fire first. ^Vhen we met tlie settlers, who were running to the fort, and said they had carts and can- non, Mr. Semple sent me hack to the fort for a small piece of ordnance which was there. It was from the settlers, and not from the sentinel, that we received information they were coming with cannon. Mr. S/ierzcood. You have spoken of Mr. Ilolte, Sir; pray what sort of man was he ? a mild man, not giveti to passion ? Mr. Bourke. I do not know that I have said any thing about him during my examination. I do not recollect that 1 have. Mr. Sherrcuod, Well, Sir, if you do not decline (as you did about Fort Gibraltar) answering my question, we will speak of him. VViiat countryman, in the first place, was Mr. Holte? Mr. Bourke. Mr. Holte was a Norwegian, or a Swede, I believe. 1 never heard him say that he would destroy the North-West Company. (^ letter was produced, which the witness slightly examined.) 1 cannot say whe- ther this letter is in his hand-writinsj or not. Mr. Sherwood. You had better. Sir, examine it more closely ; perhaps, by its contents, you recollect the writ- ing. I'll hand it you again to look at. Mr. Bourke. I do not wish to see it. I do not know, from looking at it just now, whether it is his hand-writing or not. The half-breeds and North-VVest people drove away the settlers the day after, when they had them com- pletely in their power. I heard that if Allan M'Donell had come, there would have been some killed, but none were killed, though wholly in the power of the half-breed party, after the 19ih June. f 65 ft I Re-examined hy the Attorney-Genehal. j4ttorne)j-Geverni Were your party on horseback ? Mr, Bourke. I was the only person belonging to our party who was on horseback at ail, during the whole mas- sacre, and I sent my horse back, when 1 went on to look lor Governor Semple. Jltornei/'General. Their party, then, being on horse- back, and you on foot, could, I imagine, ha"e avoided you, had they been so minded ? Mr. Bourke. Certainly, I should think they, being on horseback, might have avoided us if they had wished. Attorney -General. J)id they avoid you, or endeavour to do so? Mr. Bourke. No ; they came riding up to meet us ; they gallopped up to us. Mr. Sherwood. Yes; they might have avoided you, by leaving their carts with the provisions, and gallopping away ? Mr. Bourke. They need not have left their carts ; they might have taken them with them. Mr. Sherzi'ood. Is it usual in that country to gallop loaded waggons through woods f I fancy not. Mr. Bourke. There are no woods there to gallop through, it is an open plain for miles; and it is not likely we should have followed a party so strong as they were. iv ^- v;' -:, rl HUGH M'LEAN, sworn. Examined by the Attorney-General. McLean. — In June 1816 I was at Fort Douglas; there were reports which led us to expect we should be attacked. The reports were, that the North- West people were com- ing to strike the colony and fort. This report came from Qui Appelle, by those who had been taken there with the pemican. M'Kay was one that came from there, and among them they brought the reports. On the I9th June 1816 I was at a short distance from the fort, and I saw a great number of persons coming down on horseback. * 1 : ' •;' 1 66 They had not passed the fort when I saw them Hrst, hut were nhont opposite to it, at a distance of perhaps a mile and a half ; there appeared to be uhout fifty or fixty of them, and they had two or three carts with iheni, and were going towards Lord Selkirk's houses. They went at about u small trot, and were coming at that puce towards the woods which are between the fort and the Settlement. I then went to the fort, and Governor Semple, with the party who went with hiui, were out before I came. 1 saw them going along, but I did not join them; I went on to the fort. I had been about a quurter of an hour at the fort, when Mr, Hourke, who was one of the party who went with Governor Semple, came for a piece of cannon, and I went to (hive the cart with the cannon. We went on for about a mij/:?, and at about half a mile farther on, we saw them; thrv were mixed together, so tlial we could not distinguish one from another. Mr. Bourke observing this, sent me back with the cannon to the fort, which I reached with it safe. 1 saw Mr. Bourke afterwards, for after leav- ing the cannon 1 was returning to the same place, and then I saw him lying in a bush of wood wounded. Some men had advised him to go back, calling to him that the Governor wanted him, and then fired upon him. I tlien returned, and did not go any farther, as 1 found Governor Semple and others were dead. The half-breeds were close to us at this time, but [ did not know Grant or any of them. When I first went to the fort, after seeing the men on horseback, I met Mr. Semple coming out with the party that went with him, but I did not speak to them. The Frog Plains are about three miles from Fort Douglas. I do not know if Mr. Semple or his party could have over- taken them, they were on a slow trot, but going faster cer- tainly than people walk, ^lext day a large party of thera came to the fort, they were armed, and about eighteen in number, and Grant was amongst them. I knew it io be Cuthbert Grant; I did not hear him say any thing about what took place the day before. 1 heard one Vickers say they fired first. 1 saw the carts come with nine dead bpdies; and amongst them was the body of Governor Ik ay ad 67 Semple; one of hiH arms and thighs were b.oken, und » musket-ball had gone in at his throat, and out of his head. The first time 1 saw Cuthbert Grant after the 19th June, 1 did not say any thing to him about the nflPair of that day. I had no conversation with him at all. 1 saw Boucher at the fort ; he appeared to act under Grant's orders. A% I was going along with the cart, I met some settlers coming to the fort, they appeared in u great fright, and were crying. Cross- Examination, conducted by Mr. Siiukwuod. M'Lean. 1 did not see Brown and Boucher the day after the battle. I do not know wiiat was in the carts that the half-breed party had with them ; I do not know whether it was pcmican. Mr. Macdoneil ordered me to go with Mr. Bourke with the cannon which was mounted, but we did not fire it ; we had no orders to fire it, nor no ammu- nition. The half breeds took away some of the settlers' goods, but 1 did not hear, though they were wholly in iheir power, that any were killed after the 19th, nor do I think any were killed. They were all sent away in a day or two afterwards. PATRICK CORCORAN, sworn. Examined by the Solicitok-Genfral. Corcoran. In the spring of 18161 was at Fort Douglas, and about the month of April, I was sent to Qui Appelle River. 1 went there with a |)arty, and on our return, we were attacked and taken back to the North- West fort at Qui Appelle. I do not know if Boucher was there, but Cuthbert Grant, i think, was. It was a general talk at the fort, that they would go down and take Fort Douglas, and break up the Settlement. There were not mat)y Indians, but a good many half-breeds, and they talked generally of the intended attack ; some, whose names I do not recollect, told me of it particularly, and when 1 returned to Fort Douglas, 1 told it to our people. Peter Pangman, alias Bostonois, was there ; he is a half-breed. Cuthbert Grant was there, for I heard hiui say, that he and others would come down and pay a visit to Mr. Robertson, and • • 1 • *: i< i? \^' • ^'' ' it- ' \ d VI t ■ • V , 'I •■«<■■ /, •> /'ill.. 69 'i-r lie (ihould aee whtit they could do. I understood by theii' coming to visit Mr. Robertson, (and they did not scruple to say), that it was to attack him. 1 was there (at Fort Douglas), on the lOth June. It had been, and was, a common report, that we were to be attacked about that time. I was not in the battle; I was in the fort. 1 have nothing particular to say about what took place on the lyih June. Towards evening, 1 saw Mr. Semple and some of his people coming out of the fort as i was going in, but I did not see the half-breeds till next day. I saw some of the women from the Settlement come crying to the fort, saying the half-breeds were come. On the next day I saw u number of half-breeds enter the fort, and I believe that both the ))risoners were amongst them, but [ had no conversation with them, nor did I hear what passed between them and others of our people, i saw Governor Semple next day dead; at the time I saw his corpse, Cuthbert Grant was there. Cross-Exdmination, conducted by Mr. Sherwood. Corcoran. All I know about the btittle, I have told. It was not two months before, that 1 was at Qui Appelle; it V as in May that I was there. The fort on River Qui Ap- pelle is about four hundred miles from Fort Douglas. 1 am a servant to the Hudson's Bay Company, and am now in my seventh year. I was not at Fort Gibraltar when it was taken, but I know that it was taken. I saw the materials of it at our fort ; they were rafted down to it. Mr. Sherztiood. When Cuthbert Grant said at Qui Appelle, that be was going, or would go, and visit Mr. Robertson, did he not say what he was going for, that they were going to try and get their fort? Corcoran. I did not hear him say what he was going for. Mr. Sherwood. Did you not understand at the fort at Qui Appelle, that it was for that purpose they were going to visit Mr. Robertson, though Grant did not in your hearing say so ? Corcoran, I did not hear Grant say more than that he I I ;9 T I I 69 would visit Mr. Robertson; and lome ot the liuit-breedii told me that they were going down to destroy the Settle- ment ; indeed that was the general talk. Mr. H/ierti'ood. That you told u» belore, but I want you now to answer my questions. You have told your own story to the gentlonian who examined you just now, and you answered all his questions very readily; now, though mine may not be so pleasant, yet you must answer them, and we want nothing else from you. Now I ask you again, when Grant spoke of going to visit Mr. Uobertsoni though he did not in your hearing say that it was about Fort Gibraltar that he was going, had you not good reason to believe that he meant he was going about thatr* Now, answer that question, just you had, or you had not, yes, or no i Corcoran, When Grant said that lie was going from River Qui Appelle to visit Mr. Robertson, I suppose he had some allusion to Fort Gibraltar. Mr. S/urwood. Very well, why could you not have said so at first; you must answer my questions, however un- willing you may be. Corcoran, I am not unwilling at all, I only want to speak the truth, and I cannot tell what he meant. It was the common talk that Fort Douglas was to be taken, and the Settlement broke up, but I don't know why. Mr. Sherwood. But you know that Fort Gibraltar was taken, and razed to the ground by orders of your Governor, as you call him, by a party under the command of this Mr. Robertson ? Corcoran. No, 1 do not. I did not see it taken, I heard that it was taken, but I do not know by whose orders. Mr, Sherwood. Do you not know that Mr. Semple sent Mr. Robertson to take Fort Gibraltar, and that Mr. Ro- bertson went and took it i Corcoran. I do not. I was not there, and do not know that Mr. Robertson went and took it, nor do I know any thing about any orders being given by any body to take it. I only heard that it was taken; and 1 saw some material* •'(y.- m r* I •rU' ■ •■: ■- -A ti : I .■ t' ( 70 at our fort, which they said were those ot Fort Gibraltar. Mr. Robertson is in the service ol" the Hudson's Bay Company. 1 do not know if he was under Mr. Semple's orders. We always considered him as our head, and obeyed him; we were under his pt'iticular orders. When I went to River Qui Appelle, it was under his orders. Mr. Robertson, as well as Mr. Semple, was always willing tliat any merchants should pass and repass, if they did not molest him. I never heard that cannon were planted on the banks of the river opposite the fort, to prevent the North-West people from going up and down the river. When J was at the fort at Qui Appelle, 1 told them that they might pass and repass if they went quietly. I have heard that this party of half-breeds came-to about a day's march from Fort Douglas in canoes and boats. There were cannon at Fort Douglas, and they were mounted on bits of carriages, but there were none on the other side of the river. I know nothing of two trains of pemican being taken from the North-West fort near Brandon House. I know some was taken, and carried to Fort Douglas. 1 know there was a good parcel, but I do not know how much. I do not know if there were five or six hundred bags. There was enough to last some hundred people some time ; there was a good quantity. PIERRE CHRISOLOGUE PAMBRUN, smrn. Examined by the Attorney-General. Mr. Pamhrun. 1 liad bet-n for some time under the orders of Mr. Semple, and on the Tith April, 18 Id, 1 left Fort Douglas under his directions, to go to the Hudson's Bay Company's house, on River Qui Appelle. 1 set out wiili as much provision as would last us six days, when we would get to Brandon House, where, according to my in- structions, 1 was to go first, and from thence, if prudent, to the Hudson's Bay post (where I afterwards did go), at Qui i^ppelle. On the 1st of May 1 left Qui Appelle, with five boai-loada of pemican aod furs. As we were going t. down the river, on the 5th May, near the (irand Rapids, I made the shore in a boat, and a party of armed half-breeds immediately came and surrounded mc^ and forced me to give up the boats, and the furs, and pemican. The pemi- can was landed, and the boats taken across the river. I was kept a prisoner for five days. Cuthbert Grant, Peter Pangman, Thomas M'Kay, were of the party who made me a prisoner. Boucher was not, and I do not know whe- ther Paul Brown was or was not. [ was taken back to River Qui Appelle, to the North- West Company's post, and there 1 saw tiic prisoner, Paul Brown, but not Bqiicher. I was ke|)t there five days. Mr. Alexander Macdonell was in command at this station, and I asked him why I had been made a prisoner, or by whose orders [ had been arrested, and he said it was by his own. There were about forty or fifty half-breeds at this fort. Cuthbert Grant fre- quently said they were going to destroy the Settlement, and I was told Mr Macdonell said, the business of the year before was a trifle to what this should be. Cuthbert Grant frequently talked with the half-breeds about going, and they sung war-songs, as if they were going to battle. On the 12th I left Qui Appelle. We drifted down to the place where 1 had before been stopped, and the pemican, which had been landed from our boats, was re-embarked by the North- West people. When we got to the Forks of the River Qui Appelle, we encamped. The people who were taken with me had been liberated some time before, and had gone away, but I had been kept a prisoner. The next morning after we had encamped, that is, the people in the two boats which went with Mr. Macdonell, a number of Indians, who were in camp at some distance, were sent for, and the}' came, and went into Mr. Macdonell's tent, who made a speech to them ; a party went also on horseback from Fort Qui Appelle armed, but I was in one of the boats with Mr. Macdonell. In going down the river, they talked freely of breaking up the Settlement, and taking Fort Douglas, and the people frequently told me that Mr. Macdonell had said, the business of the year before had been nothing to what this would be. Mr. Macdonell's I. .?:.: ■.;? : -.v-.i/i-,.'-.! '■i>>Ai. : .if .V.ltfi-.'. . ,1' '•X ' ■ :K ■'1^^ ■'■■ '. • ■>•■ * r '■r '-. ■-•'.' 72 speech to the Indians was to this effect : " My friends and " relations, I address you bashfully, for I have not a pipe " of tobacco to give you. All our goods have been taken " by the English, but we are now upon a party to drive ** them away. Those people have been spoiling your '* lands, which belong to you and the half breeds, and to ** which they have no right. They have been driving away *' the buffalo, and that they (the Indians) would soon be " poor and miserable, if they (the English) staid; but " that they (this party) would drive them away if the " Indians did not, for that the North-VVest and the half- " breeds were one ; that if he and some of his young men " would join " Chief-Justice. If who would join with his young men ? JMr. Pamhrun, A Chief who was present, belonging to the Saulteux tribe. He said, that if "some of the young *' men would join, he should be glad." Pangman and one Primeau acted as interpreters. Mr. Macdonell spoke in French. Tlir Chief said, '* that he knew nothing about " it, and should not go himself; if some of the young men " went, it was nothing to liim." j\Jr. Macdonell then said, " well, it is no matter, ^e are determined to drive them " away, and if they make any resistance, your lands shall " be drenched with ti eir blood." This harangue was made on the 13th or 14th of May, and was delivered by Mr. Macdonell in French. 1 know that the prisoner Paul ]3rown was of the party. The next morning the Indians went away, and the party drifted down the Ossiniboine River to the Grand Rapids. F'rom there, about thirty started, among whom were Mr. Macdonell, Cuthbert Grant, and a number of half-breeds. I did not see Seraphim Lamarre among them. I was left behind and still a pri- soner, but in the evening a spare horse was brought by Mr. Fraser and one Taupier for me, and 1 accompanied them on horseback to' the North-West fort, near Brandon House. When 1 approached, I saw a crowd assembled about the gate. I suppose there were from forty to fifty persons assembled. Their arms were down by the gate, and as I entered it, a number of them presented their guns T ,*■ 73 at me, making use of insulting language. I complained to Mr. Macdonell of this treatment, and asked him if it was by his orders, and he said he would speak to them about it, but I do not think he ever did. In the course of the night I saw some property that was brought away from our fort at Brandon House. I saw tobacco and carpenters* tools, and other things. I wished very much to go over to see a Mr. Peter Fidler, who had charge at Brandon House. I found that he was not at the fort, but having been turned out, was encamped in a tent completely with- out the fort. Besides tobacco, carpenters' tools, &,c. there were some furs also brought from Brandon House. The tobacco which had been brought was divided the next day amongst these men, the half-breeds. About the 24th or 25th May, the party was separated into smaller divisions, and chiefs appointed. The property was embarked, and the whole set off to go to Portage des Prairies ; a part went by water, but the half-breeds generally went by land, on horseback. Having arrived at Portage des Prairies, the whole of the pemican and packs were landed, and formed into a sort of breastwork or fortification, hav- ing two small brass swivels there, which the year before had been taken from the stores of the Settlement. On the morning of the 17th June, being at Portage des Prai- ries still, which is about sixty miles from the Settlement, the half-breeds mounted their horses, and setoff for it; they were armed with guns, pistols, lances, and bows and arrows. Cuthbert Grant was with them, Antoine Hoole, Thomas M'Kay, the prisoner Brown, and 1 also saw Boucher. 1 remained behind ; so did Mr. Alexander Macdonell, Allan Macdonell, John Siveright, Seraphim Lamarre, and I also saw Fraser there, and about thirty to forty men staid to help to guard the pemican. The object of this expedition was to take Fort Douglas, and break up the Settlement. If the settlers took to the fort for protec- tion, then the whole were to he htarved out. The fort was to be watched strictly at all times; and if any of them went out to fish, or to get water, they were to be shot, if they could not be taken prisoners. 1 certainly had, from 1- ■• ■ 'it} ;% • .'.v'i'' }-y ■ •I- . J 7*. .■«■/■•• 74 all I heard, very serious apprehensions for my friends. I do not remember that Cuthbert Grant said any thing par- ticular on the morning he weut away. On the 20lh, a niessen•. '■'•■ ■■'*'' .• '■'■■ ■■:^':f '■■''■'> -Li '"■ ^;>S^-'-.- I 'l. . ♦ ■ ■ 11 :^i4'-- ' 1 , < J. 7G Governor Semple. In the canoes that went witli us to Fort ♦Viliiam, were the furs which had been taken from me when I wa* taken to the North- West post on the River Qui Appelle. Cross- Examinaliotii conducted biy Mr. Sherwood. Mr. Pamhrun. The Bois-brules are the bastard chil- dren, either of French or Enghsh fathers, by Indian women; they are the offspring of white men by Indian women ; lome of them I know have been sent to Lower Canada, and received their education at Montreal and Quebec. I do not think they consider themselves as white men, or tliat they are so considered by white men, nor do they consider themselves as only on a footing with the In- dians ; they are employed in all capacities, as clerks, in- terpreters, and engages. I know that Assiniboin, a half- breed, was one who went down on horseback. I know a person named Hamelin who was there, but I do not know that they are now in the service of the Hudson's Bay Company. They call the people engaged in the service of the Hudson's Bay Company, the English, and they call me an Englishman, but I am a Canadian ; they call me so from opposition to the English settlers. Mr. Alexander Macdonell is onaof the partners of the North West Com- pany, as I have always understood. I never took Bos- tonois Pangman prisoner, but he was taken by some of the Hudson's Bay people before I was taken. I do know that Fort Gibraltar was once in possession of the North- West Company. As 1 was going to Fort des Prairies, I saw it in their possession, and in going up again, I saw it in possession of the Hudson's Bay people. The fort was taken, but not taken away, for I found some of the Hud- son's Bay people there. I do not know that the Hudson's Bay people have an exclusive right to that country, and to erect trading posts therein. I knew the late Governor Semple and his hand-wriling ; this letter of the !ii3rd March, addressed to Alexander Macdonell, and this of the 14th May, also addressed to him, are Mr. Semple's hand- writing. J 7? I Mr. Sherwood. I niove they be read. The two following letters were then read. A.M'DoNELL, Esciuirc, ^ui /Ippelle. Brandon, 2M March, 1816. Sir, I enclose to you a letter from Mr. Robertson, which I have perused, and which happily requires no comment. I sus- pect that your associates have mistaken my character. Remem- ber what I now say to you : Should you, or your hidian, or black breed allies, attempt any violence against the Hudson's Bay Company at Qui Appelle or elsewhere, the consequences to yourselves will be terrible. I am, Sir, Yours, &c. (Signed) ROBERT SEMPLE. Fort Douglas, Uth May, 1816. A. M'DoNELL, Esquire, Sir, I take the opportunity of Mr. Seraphim Lamarre's return towards Qui Appelle, to acknowledge receipt of your letter of the 5lh instant. The idea of Mr. Robertson making a journey of 120 miles, for the purpose of a conversation with you, appears to me wholly inadmissible, when the same purpose may be just as effectually answered at the fust point, or at cither of the Forks. Still less can 1 think of delegating full powers to any man to form defini- tive arrangements, when 1 r.iyself am on the spot, and must alone be answerable for them, both to friends and enemies. In the mean time, my wish for general tranquillity will ever remain unchanged. I am satisfied with the proofs which re- main in our hands, and seek no more. Should you be unwil- ling to meet me here, I leave it to yoiu'self to appoint a spot at a moderate distance from the Forks for a .:ont'erence. What- ever place you may adopt, I repeat, that your person and pro- perty shall be considered sacred, unless you commence acts of hostility. Should you, however, have occasion again to write to me, it will be perfectly unnecessary to talk of your means of re- taliation. I also, should I be compelled to it, have my schemes 1- • •! ■ :■. 'Hi^¥' 'o:-l T ■V'' '. ■. 78 of farther and still farther retaliation, the shock of whii.h, if I mistake not, should be felt from Athabasca to Montreal*. I am, Sir, Yours, &c. (Signed) ROBERT SEMPLE. Mr. Pambrun. I do not know vvhere Athabasca is. I have been informed that it is far north, and that trade is carried on there by both Companies. It is far north, I believe of Red River. The party that went down to Red River set off to go, a part by land, and a part by water, and each party had pemican with them ; those that went by land took it in carts, and those that went by water, took it in canoes. Portage des Prairies is about sixty miles from Fort Douglas. I do not consider that it would have been unsafe for this party to have gone by water, and have passed Fort Douglas, if they had not committed depreda- tions. Mr. Sherwood. Do you not know, Sir, thai they had been robbed before; if not by you, do you not know that their pemican had been taken from them by some of your people f Mr. Pambrun, I was never the robber of the North- West Company, nor do 1 know that they were robbed. 1 know that they robbed me. Mr. Sherwood. Did they not, at that very time, tell you, that what they did to you, was in retaliation for simi- lar conduct on the part of Colin Robertson to them ? Don't be angry j I did not charge you with being a rob- ber. • It is probable, that Governor Seuiple here lUiulccl to the effect which he expected to result from a disclosui e of the diabolical principles, and sangui- nary designs of the North-AV^est Company, as declared in the letters inter- cepted by Mr. Robertson, which Mr. Seniple had determined to communicate to His Majesty's Government, and to Parliament, and of wliicli Cutlibert Grant's letter, produced on the examination of j\lr. Pritchard, atl'age b'J, is one. The contents of some others may be seen in the Statement respect- ing Lord Selkirk'* Settlement, published by Murray, Albemarle Street, in 1817, page Tito 74. I] M 79 • .-i Mr. Pamhrun. Alcxaiuier Macdonell told ine, when I asked by whose authority I was taken, that it was by his, and that it was in retaliation for what Colin Robertson had done that I was robbed, and that he would starve the colo- nists and the Hudson's Bay Company's servants, and force them to surrender. Mr. Sherwood. Do yon tlnnk that the Hudson's Bay Company would have dot)e the same, if such a daring out- rage had been committed on them, as these people had perpetrated at Fort Gibraltar ? If Fort Douglas had been razed to the ground, all the property of my Lord Selkirk and the Company sent away, do you not think they would retaliate in the same way ? Mr. Pamhrun No, I do not; for it never was their dis- position to kill any body. Mr. Sherwood. Indeed ! didyou never hear of any body being killed by them in affrays that have taken place ? Mr. Pamhrun. No, I have not; nor do I believe they would. Mr. Shrrwood. May I ask you, Sir, on what you foi^nd your opinion of their humanity ? Mr. Pamhrun. I found my opinion on this, that if they had wished to kill, they might ; but they never have, and that is why I believe they never will. 3fr. Sherwood. That is your opinion. I happen to have a different one, and so have many other people. Have you any other reason. Sir, than because you do not happen to know of their taking the life — Chief-Justice. What has this to do with the case before us? Either examine the witness to the case, or be silent. Mr. Sherwood. Whenever your Lordship pleases, it is my duty to bow, and I certainly shall ; but if permitted to pursue my own course, I shall put that question to Mr. Pambrun. Chief- Justice, Well, then, silence now. Mr. Sherwood sat dozim. Mr, Sherwood (rising). Does your Lordship prohibit my cross-examining this witness farther? .♦■ ■ '' V'' ■':i -■••■■ m ■■X>i :sf . ,ll,- • '• ■ t ■ •1 » ■ ;!■* 80 Chief-Justice. I have no wish to stop your cross-exami- nation, if you conduct it regularly; none at all. Mr. Sherwood. What did you say to Mr. Macdonell, upon first seeing him at the fort at Qui i\|)|)elle Uiver? Tell what passed at that time, the whole that passed. Mr. Pnmbrun. \ asked him hy whose authority Cuth- bert Grant had taken me prisoner, and took my property, or the property I was in charge of, from me, and he said it was by his orders, and that it was done by way of retaliation for Fort Gibraltar having been taken by Mr. Robertson, and that he would make the settlers and servants of the Company surrender, or lie would starve them out: this is all I rtcollLct to have passed, Mr, Sherzcood. What, Sir, did Cuthbert Grant say to you relative to his own share in the ailair of the IQlh June? You have told us that the general report was, that lie was a brave man, and conducted himself well on that day, and you also told us of something that he himself said ; tell us that again, will you ? Mr. Pambrun. Mr. Grant told me that he had fired upon Mr. Seniple, and had shot him. It was not in con- fidence that he said this to me ; it was in a general con- versation, lie said that he had shot Mr. Semple, and had fired on Mr. M'Lean. 1 never received any orders from Mr. Semple, or Mr. Robertson, to molest or interfere with the North-West Company's people, but, on the con- trary, our orders at all times were to do them no violence, and not to interfere with them at all. Mr. Sherwood. It is a great pity they were not more generally obeyed by his servants, if those were his orders. lie-examined bj/ the Attorney-General. Attorney-General. What were your orders, Sir, (for I believe you received particular ones,) from Mr. Semple, when you started from Fort Douglas to go to Brandon House, and thence, according to information you might obtain there, to the Hudson's Bay post on River Qui Appelle? 1 T 81 Mr. Pnmbrun. \ went under orders from Governor Seinple to W poaceahle, and to avoid cv<'ry thing like hostilitv, unless I was attacked. Mv instructions were contained in a letter in these words : ** Mr. I\inil)run. Sir, *' Having" (Mr. Pnmbrun^s rei)rntin<^lh(' htltr teas ohjednt to 1)1/ Mr. Sheri€oo(f^ ami Mr, Patnlnuntcas diraicd In/ the Court tint to repent it.) That was the general nature of my instructions; I was to go to lirandon House, and thence to Qui i\p|)elle, peaceably, if ihey would let nie go, and 1 went peaceably, till I wa3 stopped and robbed of the property. Attornn/'Genernh I will not ask you, Sir, whether you know of the Hudson's Bay Company ever having taken the lives of one and twenty persons at one lime ; but 1 will ask you, Sir, do you know, or did you ever hear, of a single life having been taken by thtni f Mr. Pambrun. I do not know of any life having been taken, nor did 1 ever hear of any one losing his life by them. Mr. Shcrzuood. I must ask you, Sir, before this unhappy affair, (in which we are now endeavouring to see who are the murderers, or who are to blame,) do you know of the Morth-West Company having taken the lives of one and twenty, or of one person? Doyou, before this time, know of any case ? J\Ir. Pambrun, I know of none before this, on the part of the Norih-\V est Company. I luive been told that there — Mr. Sherv-' Mr. Pritchard. Yes, we met a number of the settlers, crying and speaking in the Gaelic language, which I do not understand, and they went on to the fort. The party on horseback had got pretty near to us, so that we could discover that they were painted and disguised in the most hideous manner; upon this, as we were retreating, Bou- cher advanced, waving his hand, riding up to us, and cal- hng out in broken English, " What do you want, what "do you want?" Governor Semple said, "What do you "warn?" Mr. Bourke not coming on with the can- non as soon as he was expected, Mr. Semple directed the party to proceed onwards ; we had not gone far before we saw the half-breeds returning upon us. Upon observ- ••' ^'■. Jill *■> ,. .• .'A. »>' : ^ 84 ing that they were so numerous, we had extended ourMne, and got more into the open plain; as they advanced we retreated; but they divided themselves into two parties, and surrounded us in the shape ot a half-moon. Boucher then came out of the rank of his party, and advanced to- wards us, (he was on horseback,) calling out in broken English, " What do you want ? what do you want?" Mr. Sem pie answered, " What do you want? to which Bou- cher repHid, "We want our fort." Governor Sennple said, " Well, go to your fort." After that 1 did not hear any thing that passed, as they were close together. I saw Mr. Semplc put his hand on Boucher's gun. Expecting an attack to be made instantly, I had not been looking at Governor Semple and Boucher for sometime; but just then I happened to turn my head that way, and immedi- ately 1 heard a shot, and directly after, a general firing. 1 turned round upon hearing the shot, and saw Mr. Holte strugghng as if he was shot, lie was on the ground. On seeing their approacli, we had extended our line on the open plains; this was done by Mr. Semple's, or some other person's directions. Ijy extending our hne, 1 mean we each took a place at a greater distance from each other; we took places as best suited our in(hvidual safety. From not seeing the firing begin, I cannot say from whom it first came, but immediately upon hearing the first shot, 1 turned round and saw Lier enant liolte struggling. A fire was kept uj) for several minutes and I saw several wounded; indeed, in a few minutes almost all our people were either killed or wounded. I saw Sinclair and Bruin* [Bruce,'] fall, either wounded or killed, and Mr. M'Lean, a little in front, defending liimself, but by a second shot { saw him fall. At this time I saw Captain Rogers get- ting up again, but not observing any of our people stand- iiip, 1 called out to him, " Rogers, for God's sake give yourself up, give yourself up." Captain Rogers ran to- wards them, calling out, in English and in broken Frthcht •\ • Biuin i! the light name. ^ i 85 that he eurrendeied, and that he gave himself up, and praying thcni to save his life. Thomas M'Kay, a half- bieed, shot him through the head, and another half-breed ripped his belly open with a knil'e, using the most horrid imprecations to him. 1 did not see Mr. Semple fall. I saw his corpse the next day at the fort. When I saw Mr. Rogers fall, I expected to share his fate. As there was a Canadian among those who surrounded me, and who had just made an end of my friend, 1 said, "Lavigne, you are "a Frenchman, you are a man, you are a Christian, for " God's sake, save my life, for God's sake, try and save il. " I give myself up. I am your prisoner." M'Kay, who was among this party, and who knew me, said, "you little "toad, what do you do licrer" lie spoke in French, and caWed me, un petit crapami, and asked what I did here? and I fully expected then that I should lose my life. I again appealed to Lavigne, and he joined in entreating them to spare me. I told them over and over that I was their prisoner, tliat I had got something to tell them : they, however, seemed determined to take my life. They struck at me with their guns, and Lavigne caught some of the blows, and joined me in entreating for my safety. He told them of my kindaess on dilTerent occasions. I re- monstrated that I had thrown down my arms, and was their prisoner, at their mercy. One 1 vimeau wished to shoot me; he said [ had formerly killed his brother; I begged him to recollect my former kindness to him at Qui Appt^lle. At length they spared me, telling me, I was a little dog, and that I had not long to live, that he would find me when he came back. I then went to Frog Plains in charge of Boucher. 1 do not kt^ow of any con- versation laking place on the way between us. Jn going to the plains, 1 was again threatened by one of the party, and saved by Boucher, who conducted me safe to* the Frog Plains. I there sazi} [niet^ Cuthbert Grant, who told me that they did not expect to have met us on the plain, but that their intention was to have surprised tlic colony, and that thtv would have hunted the colonists like bufffdo. He also told me they expected to have got round unper- vs ■■•.■?'.*.'- M ■ • .'.: f>!ir •"•.'' :,VVfJ.' . :; , - ■:#;•■, I, -r -Xi. « >■ f « i-i -'h ;l 86 .■■■ V ' . 1" ' •, 1 .■- • 1 ' • ceived, and at night would have surrounded the fort, and have shot every one who left it; but being seen, their scheme had been destroyed or frustrated. Paul Brown appeared to be one of this party : I do not think he was armed. They were all painted and disfigured, so that I did not know many. 1 should not have known that Cuthbert Grant was there, though I knew him well, had he not spoken to me. Grant told me that Mr. Semple was not mortally wounded by the shot he received, but that his thigh was broke. He said that he spoke to Mr. Semple after he was wounded; that Mr. Semple asked him to get him taken to the fort, and as he was not mor- tally wounded, he thought he perhaps might live. Grant said that he could not take him himself, as lie had some- thing else to do, but that he would send some person to convey him there on whom he might depend, and that he left him in the care of a Canadian, and went away; but that almost directly after he had left him, an Indian, who, he said, was the only rascal they had, came up and shot him in the breast, and killed him upou the spot. Atlorney-General. Is it usual for the half-breeds to paint themselves ? Mr. Prilchard. Very far from it, it is very unusual ; they are accustomed to dress like Canadians. 1 have lived thirteen years in the Indian country, and I never saw the half-breeds paint ; they imitate the white people, and dress like them at all times, except when engaged in sporting as Indians. They were painted as 1 have been accustomed to see the Indians at their war dance; they were very much painted, and disguised in a hideous manner. They gave the war-whoop when they met Governor Semple and his party, as 1 was told ; they made a hideous noise and shouting. I know from Grant, as well as from other lialf- breeds and the settlers, that some of the colonists had been taken prisoners. Grant told me that they were taken to weaken the colony, and prevent its being known that they were there, they having supposed they had passed the fort unobserved. Their intention clearly w as to pass the fort. I saw no carts, though 1 heard they had carts with them. ^ 1 it 87 I saw about five of the settlers prisoners in the camp at Frog Plains. Grant told me they intended to have en- camped below the Plains, and have prevented the settlers going to the river for water, or if they did go, to have shot them. He also said to me, in the same conversation, You see we have liad but one of our people killed, and " how little quarter we have given you; now, if that fort " is not given up, with all the public property instantly, '* without resistance, man, woman, and child shall be put " to death." He said the attack would be made upon it that night, and, if a single shot were fired, that would be the signal for the indiscriminate destruction of every soul, man, woman, and child. I was completely satisfied my- self that the whole would be destroyed, and I besought Grant, whom I knew, to suggest, or let them try and de- vise, some means to save the women and children. I re- presented to him, that they could have done no harm to any body, whatever he or his party might think the men had. I entreated them to take compassion on them. I reminded him that they were his father's country-women, and in his deceased father's name, I begged him to take pity and compassion upon them, and spare them. Jttorney-General, Before you proceed with that part of the melancholy history, I wish to ask you, iMr. Pritchard, whether there was any proposition on your side, or any disposition in your party, to attack the half-breeds, or v/hen they were coming up to you, was there an}' disposition to ire, or any proposal that you should fire upon them ? Mr. Pritchard. At the time the half-breeds divided into two parties, just before surrounding us, one of our people, Bruin I believe, did propose that we should keep them off, and Mr. Semple turned round, and asked them who could be such a rascal as to make such a proposition, and not to let him hear such a word again. Mr. Simple was very much displeased indeedt I begged Cuthbert Grant, in his deceased father's name, to have compassion on the helpless women and children, and spate them, whatever they might do with the men. I tried to soften dx>wa things with him, and succeeded at last so far with ::^U^- .. \. \A ■■ 1' '^:.- ■■■■ ■•■tn •:■-.' '•'V.?^ ;-v [J I if^. .1 I 111 i I ■ >■' ■I.' ii' .?■■■-;■. \i- :i?i>: ::-',r,m ;• y>. ■ ois- bruU'-s, although Robertson made use of some expressions which I hope he shall swallow in the spring ; he shall see that it is nei- ther fifteen, thirty, nor fifty, of his best horsemen that can make N % 1 *^, . -V 90 ■ . '> . the Bois*brul6s bow down to him. The half-breedi of Fort des Prairies and English River, are all to be here in the spring ; it is hoped we shall come off with flying colours, and never to see any of them again in the colonizing way in Red River; in fact, the traders shall pack off with themselves also, for having dis- obeyed our orders last spring, according to our arrangements. We are all to remain at the Forks to pass the summer, for fear they should play us the same trick as last summer, of coming back ; but they shall receive a warm reception. I am loth to enter into any particulars, as I am well assured that you will receive a more satisfactory information (than I have had,) from your other correspondents ; therefore I shall not pretend to give you any ; at the same time begging you will excuse my short letter. 1 shall conclude, wishing you aealth and happiness. I shall ever remain. My dear Sir, Your most obedient humble servant, (Signed) CUTHBERT GRANT. My sister and Betsy return their most respectful compliments to you. J. D. Camerson, Esquire. Aiiorney-General. At the time, Sir, that thes'. half- breedt came, what were the ordinary pursuits of the Settle* ment and the various persons employed at the fort'? Air. Pritchard. The settlers were generally employed in agricultural pursuits, in attending to their farms; the servants of the Hudson's Bay Company in their ordi- nary avocations. They lived in tents generally and huts. In 1816, at Red River there was but one house, the Go- vernor's, which had been called Fort Douglas by the settlers after their return to the Settlement in 1815. There were houses before that time, but they were burned down in the attack that was then made on the colony. The settlers were employed during the day-time on their lands, and used to come up to the fort to sleep. The Red River runs into Lake Winnipic, and the Settlement is at the Forks, which are formed by the junction of the great Red River with the lesser one, or the River Ossini- I 91 boiae. Fort Douglas is about eighty milei from Lake Winnipic, and it must be, I thin.'c, in a south-west course; I think that must be its bearing. Jitorney-General. Will you now, Sir, tell us whom you saw at this lamentable battle that you knew personally, and whom you saw fire i Mr. Pritchard, I saw the two M'Kays, Hoole, and Cuthbert Grant, but I cannot say positively whom I saw fire, except Thomas M'Kay, whom 1 saw kill Captain Rogers ; I cannot speak to any one else. 1 saw Boucher afterwards at Fort William, and I inquired of him what passed between him and Governor Semple after the ques- tions and answers about the fort ; and he said that he told the Governor, that unless they laid down their arms and surrendered themselves prisoners, they were all dead men. The party of half-breeds came out of their way. 1 think, if they had not had hostile designs against the Settlement, had they wanted to carry provisions to meet canoes, they need not have gone to the Settlement ; they could have passed by it. At Frog Plains I saw some carts empty. Cuthbert Grant had promised us provisions for the voyage to the Hudson's Bay coast, and when I spoke to him about it, he said he could not let us have more than he had given us, as it was all at the forts above; but if we would wait til) he sent to Bas de la Riviere, which would take about a fortnight, we should have it; we were, however, glad to get away at any rate, and therefore went with the little we had. Cross-Examination^ conducted hy Mr. Sherwood. Mr. Sherwood. If I understand you, Mr. Pritchard, you have distinctly said that you do not know which party fired first ? Mr. Pritchard. I have said so. I cannot say who did. I think Mr. Hoke must have fallen by the first shot, be- cause I turned round instantly, and saw him struggling on the ground. 1 have a knowledge of Mr. Miles Macdonell'i Proclamation, but I do not know of two sleigh-loads of pemican being taken under it^ Of »ome boat-loads being "■■'■^■■■■■'■,.4'' . . ;.■•> «..:••,•■ . j^'v •;•■•' 'f ■ :• •.i.\V''-'- -^ w ■■ , • i *« ■ i''', , ' n.. ■■'> ■ .' ' ■ \\\ ->■<■■ ■ '' . •: »■» . ;*■}•• ' i •!•■„■ y ■ ■j^r 1'.; 94 « '. ' ■ ' 1." 7 > t. admit of, an( you of course must submit to be tried by a court martial, where you, no doubt, will be honourably acquitted, and Mr. Lofty replaced to answer for himself. Some days a^o, 1 ^ot the command of the schooner which is to be fitted out in man- of-war style, to be moored at the bottom of this river to inter- cept the North-West Company's canoes. So you see now that I will be in my proper glory, and I shall not fail to do my best to give the North-West scoundrels a drubbing if I can. A party of veterans are lately gone to Qui Appclle to take Macdonell, if possible; but I fear they will be disappointed in their views; they are under the command of Mr. Lofty'solio of perfection (Mr. Pambrun). I should send you some few of my private property, were I not informed that you hare received a supply. You'll no doubt soon be here, when we sball, over a good cup of tea, settle every thing; in the mean time I beg you'll be kind to present my compliments to Mrs. Pritchard, and *Le gentlemen of your mess. Tell Dr. White that I should have sent him a letter long ago if I had but had paper ; but as that has not been the case, he will, I know, readily excuse me. I am, my dear Sir, Your sincere (Signed) O. HOLTE. Mr. Sherwood. Pray, Sir, who is meant by Mr. Lofty in this letter ? Mr. Pritchard. Mr. Lofty means Colin Robertson. I did not see Mr. Holte fire, nor do J think he had time to fire ; I think it impossible, he was shot so soon. The prisoner Boucher certainly did all he could to save my life; when 1 was attacked I ran round him, and by that means, avoided being shot. Mr. Sherwood. You was brought, I think you say, to Fort William. Where is Fort William, Sir, and how far off? Mr, Pritchard.. Fori William is on Lake Superior, and is about a thousand miles off. It is a fort belonging [be- longs] to the North-West Company, and is in their pos- session at present. Mr. Sherwood. Do you know, Sir, if that fort was ever taken f I do not know, my Lord, that it is necessary 1 95 that I should go into evidence upon that subject; I was going to shew the state of enmity existing against as in that instance, but Chief-Justice. There is enough shewn to prove the malevolence that existed on both sides*. The Honourable WILLIAM BACHELORCOLTMAN, sworn. Examined by the Attorney-General. Mr. Coltmnn. I went up into the Indian country in the year 1817, and to tl- place where the Settlement at the Red River was established. I never made any survey of the distance which it was from Lake Winnipic, but I should think that it was about sixty miles, and having about a south bearing from the nearest point; but, as to distance, I cannot speak so positively. It was situated at the Forks of the Red and Ossiniboine Rivers, which I have generally understood to be in about 49" SO north latitude, and the Red River Settlement commenced at a short distance below the Forks. Its longitude I do not recollect) so as to speak with any degree of certainty, but I should judge it to be in between 90** to 100" of west longitude; my recollection, however, is very imperfect, but I should think it had something more than 90° degrees; it certainly had more than 80", and, according to my recol- lection and own idea, rather more than 90". The Red River Settlement was to the west of the River Winnipic, to the south-east of the Lake Manitobah, and between that Lake and the River, and Lake Winnipic. Upon consideration, I should think, according to the best of my recollection, that its longitude must have been nearly 100° west. I « I : (.X ;.:■■■■•• 4il' ■■.i •••; i.i\ •■ '^ * In the evidence hitherto produced, there is indeed abundant testimony of malevolence on one side, but what is the evidence upon the other i Perhaps it will be answered, that it may be found in Mr. Jlolte's letter. But the learned Judge surely could not mean to say, that the idle rho- domontade of one individual was to be taken as a criterion of the seati- luenti of the whole population of th« Settlement. V-if- H if ::'•■: I j. \-\\ 96 ly. • .-. • ■ i. ■ • 11 V t ;i have 8ecn the Great Seal of Lower Canada, and ihould know its impressions. Chief- Justice. There is no occnsion to examine Mr. Coitman on tlial, they prove themselves; it has heen so decided. Two Great Seal Instruments were put in and read. Crois- Examination, conducted by Mr. Sherwood. Mr, Coitman, 1 have been at Fort Jouglas, and also at the spot where it was represented to me that the affair of the 19th June took place. I did not go farther north into the Indian country, tiian into the Red River country, through the River Wiimipic, and part of the lake of that name. It is certainly a matter of notoriety, that the Red River country was formerly frequented by the French traders, that is, before the conquest by the English ; but 1 do not know whether Nouvelle France was considered ac taking in this part of the Indian territory. Chief-Juitice. I am tolerably conversant with maps myself, but not sufficiently so, as to say whether this part of the country was, or was not a part of Canada. I never understood, extensive as were the limits of what the French called Louisiana, that tliey spread so far north as this, nor can I say distinctly that it formed a j)art of Canada. Rela- tive to Nouvelle France, it was never, I believe, defined with sufficient accuracy to enable us to say what were its limits. If they have been, it is beyond my knowledge. Attorney -General. There is one more question, Mr. Coitman, which I will trouble you with, whether, as a Magistrate of the Indian territory, you acted at Red River in virtue of your Commission under the Act of the ASd Geo. ill.? Mr. Coitman. Yes, it was in prosecution of my duties under the Commission, that I went into that country, and proceeded to the investigation of the difficulties which had occurred there. N:-. 97 CHAKLES BFJJ.KGAUDE, iwor/i. Tlxamintd hi/ /As Attorn ijy-Oilnf.rai,, through the me- dium of an Jtiterprder*, Bel/cgnrde. \ was nt llie Frog Plains on the l()i.|j June, nnd had been there some time Ijet'ore. I have a knowledge ihatCiovernor Seenple was killed, hut do not know on what day. I saw hini the same flay that he w.'is killed. I heard the firing the day he was killed, and I saw him lour or five hours before. I had no conversation with him about au attack. I never heard any rumour about an attack. Go- vernor Scmple was at my house. 1 said, perhaps the liois-brulcs might conic; he said, they may come if they please, I sliall go and meet theni. Governor Semple did not, nor did I, say any thing about their firing, lie said, if the IJoisbrulc's come, that he was not afraid ; so far from it, he said, " should they come, 1 shall go and meet '' them with one man and a paper." I did not see any coming while Governor Scujple was with me, but four or five liours after, I did see about si.\ty coming down on horseback. I have a knowledge that they took three prisoners, a woman and two men ; I did not see them taken, hut they were brought to i7iy house. 1 do not know that they were hroiight to my house to be prisoners, but the hali-brecds brought them. Cuthbert Grant was there, but I do not know whether he took them or not. I saw Boucher there, and Brown too, but lie did not come with the sixty ; he came afterwards. Cirant and Boucher said they had taken tb .>se persons to prevent them from giving information to the fort. About filteen to twenty of the half breeds came first, and the remainder afterwards. When the first parly came, they unsaddled their horses. , 'i X > 'A' ,• • •■'■» • •• , ■'■■■■•'';i ., v, -.V • This iiiUn|nc'ter, William Siiiitli, sjuikc i'reiich very innierfcctly : he was a noteil pailisau of the Nortli- W'ost Company, who Ir.id l)cen employed by llioni as a Shcritl 's offircr, and is now one of their commercial agents. At the time he was thus employee! (o interpret on these trials, he was • n!;a5»e»l in a civil suit against Lord .Selkirk; in which the Attorney and Solieilor-Gcneral were employed ns his connsel. O 'M, 98 '^^ i; :. . ^ '.-];■ r ' '^V- (• ■n. V /* ,*:■. . ■ i'. •'■ • n -,, '■».'■» •v. '•;■ ','. "'!« The latter party came when the sun was low ; it was late in the afternoon. The party conducted themselves quietly, and seemed peaceable. The first thing 1 heard after they came, was two men of this party say, the English were coming down after them, and they went immediately to meet them. When they brought the prisoners lo my house, they said they would send them the next day to the fort, but they did not say what was then to be done with them. They assigned no reason why they would send them. JEAN MARIE MONDELET, Esq. szoorn. Examined by the AttoRxN ey-Gkn eral. Mr. ISIondelet. 1 have seen Boucher before. I am a Magistrate of Lower Canada, and in that capacity I saw Frangois Firmin Bouclier, who made a declaration before me, but not under oath. There was no threat made use of, nor any promise of benefit held out to Boucher, to induce him to make it. ('ilie Attorney-General was about pre- senting a paper to Mr. Moudelet,) — Mr. Sherwood objected to the evidence being received on account of the declaration being made by the prisoner, when under arrest for an otVence committed in the Indian territories by the warrant of a Magistrate, whose jurisdic- tion did not extend to tlie Indian territories. The Attorney-General projjosed, that without entering into the question as to Mr. Mondelet's authority as a Magistrate, he should be desired to relate ail that he had heard the prisoner say on the subject. But Mr. Sherwood objected, that Mr. Mcjudelet's knowledge of ihe subject was obtained only by means of an illegal warrant, and while the prisoner was in a state of ilieg.d duress, and that it was not therefore competent to examine him on the subject. Mr. Mondelet requested permission to mention, that in the course he had adopted, he had been sanctioned by the written opinion of the Judges of the Court o'i King's Bench at Montreal. It e 99 The Chief-Justice having intimated doubts respecting the power of the Magistrate to take cognizance of the offence, the Attorney-General did not urge the reception of the evidence*. • The following is a tninslated Copy oi" the Document referred to. District of 1 Voluntary Declaration of Fraupois Firmin Bonclier, ac- ict of "> treul. J CI Montreal. J cusetl on oath of having, on the 19th of last June, killed at the colony of tlic Red River, twenty-one men, among whom was Governor Semplc, says, Tiiat he did not kill any person whatever ; that he was sent, four days hefore tin; death of (lovernor Semplc, by one of the partners of the North-West Conipany, IVIr. Alexander Macdonell, from the Portage de la Pra'/ie, to carry provisions to Frog Plain, about three leagues lower than the fort at the Forks of Red River, 'i'hat he and his companions, to avoid being seen by the Hudson's Bay settlers, passed at a distance from the Hudson's Bay fort. 'I'liat, with the view of weakening the Hudson's Bay party, the IJois-brnlrs wanted to cany away soaie of these Hudson's Bay settlors ; and, assisted by the declarant to interpret for them in Eng- lish, they went and carried one oil". That, as tliey proceeded towards Frog Plain, they observed a group of the Hudson's Bay people, upon which a certain nunibor of the men in the service of the North-West Company, called Bols-bruK'S, joined the declarant and his companions. That these, thinking the Hudson's Bay people meant them harm, (because they ad- vanced with thci • muskets in their hands), the Bois-brul^s wanted to fire on them ; but the declarant opposed their doing so. That at last he ad- vanced alone to the Hudson's Bay party to speak to them, and came so near Governor Semple, that the latter took hold of the reins of his bridle. That they talked to each other ; that tlie Gov ernor took hold of the butt end of IhvMleclarant's ^un, and ordered his people to advance ; that they, not obeying him, and the declarant saying that if they tired they were all dead men, Governor .Semide said th.it they must '.;ot be afraid, that this was not a time for it, and that they must tire. Immediately the declarant heard the report of two nuiskets tired by the Hudson's Bay peoide. That at this nionient the declarant threw himself from his horse, still holding the mane ; and that the horse being afraid, dragged him in this manner about the distance of a gna-i>hot, whore he remained. That, from the moment \tlK'n he was thus carried away by his horse, the tiling became general between the people of tiie North-West and the Hudson's Bay Company) that the fire was bcgiui by those of Hudson's Bay. That the men in the service of the Nortii-\i\st Company were about sixfy-four in number, armed, (of whom thirty were at the beginning of the lirmg) assembled for the purpose of taking the Hudson's Bay fort by famine. He is uncertain by whose orders, but supposes it was by their chiefs, that is, iMr. Macdonell, I\Ir. Grant, Antoine OiiUe, and Michael Bourassa. That he heard Mr. jMacdonell enjoin them to avoid a meeting with the Hudson's Bay people. That, after the firing was over, he saw a Bois-brnle, named Vasseur, *tc;'.r Governor .'■Jemi'le, tin n wounded in the knee aad the arm, who wan A"* '•' ■ ' • ■ 'V'fii^ * >' .•*■•♦ Mi:'' :rm ! v., 4. •■>"■ • -un • 100 1nv,^'-:' It being pust ten o'clock at uiglit, tlie Court was ad- journed till to-morrow morning, the Jury being placed under the care of Mr. Sheriff llidout. •V'i " -'.*'• ;• ;i. ■ f ■ ■V^ '^ ■ . • t:^.- ";'' ,'v ■ TUESDAY, 9.1lh OCTOBER, 1818. LOUIS NOLIN, saorw, J nd examined hij Me Attorney-Geneuai., through the medium o/Mr. Smith, as Interpreter. 3lr. Nolin. On the l9th day of June, 18 IG, I was at Had River uL the Forks, at Tort Douglas. I saw a number of j)ersons on horseback and armed pass the fort. Those that were in advance I did not see pass, but the last part of them 1 did. There were perhaps about thirty or forty of them. 1 cannot say exactly, but they appeared to be about that number, looking at them from Fort Douglas. They were a part of the san)c band who were in advance, and they went by two or three minutes after the others. I know that Mr. Semple went out with about twenty-six or taking ojuo of iiiin ; and who, notvvitlistan(Hng, liad taken his belt or sa&h, his pistols, and his watch ; and af'teiwaids cairieil thcni away. That the Hudson's Hay people were abont thirty in number, and that he hud seen about fifteen of them killed. That he himself had, at the moment, saved one Pi itcluird from being killed ; and that Franc^ois Deschamps, and several olhei- ]Jrul6s, wanted to kill him. The declarant, having declared he could not sign his name, made his mark of a cross, after this was read over to him. Declared before ine,at Montreal, theit'Jlh of August, IslG, (Signed) J. M. MONDFXET, J. V. No comment ran be necessary on the importance of this document, as a proof of the malicious intentions of the party under Ciithbert Grant, in coming down upon the .Settlement, and that their object was, not to con- vey provisions, but to starve the settlers till they should surrender. It is very extraordinary that the ;\ttorneT-General sliould have given up so important and decisive a.piece of evidence, \i\nm a mere hint from the Bench. Its legality had been established as far as the opinion of the Judges of Lower Canada could sanction it. It conseiiiienliy became his duty to press its admission to the utmost ; and to call lor llie fouu.il decision of the Court, before he abandoned it. 101 twenty-eight persons. I did not go, I was not asked to go, and there were from fifteen to twenty others left in the fort. 1 do not know that these refused to go, or that they were asked to go, nor can I say whether M r. Sem pie forbade them to go. / would have gone but Mr. Stitt, zcho had gone out to accompany Mr. Semple, returned, Mr. Semple saying that he did not need him, and that 1 rcas to remain too. We heard shortly after some firing, but it blew so hard we could not hear it very distinctly at the fort. 1 did not hear Governor Semple say why he went out with the men. 1 had been out that day with JNIr. Semple a distance of three leagues, and he told me, wliilst we were together on the road, that if the Metifs should come, as we had been told they would, and they went by the fort quietly, and did no mischief, they should not be interrupted. I did not see Mr. Semple and his party immediately on their going out, but 1 saw them at a distance of two or three arpents from the fort ; they appeared to mc to go as ihey pleased, with- out being in any particular order, they were dispersed about. I staid in the fort on the night of the 19th June, and on the next morniuff, I saw a number of dead bodies broui>;ht to the fort, and amongst them that of Oovernor Semple; it was wounded in three places with balls, but there were no marks of lance or spear-wounds. Cuthbert Grantcame the next day to the fort, with a number of persons, and amongst them the prisoners Brown and Boucher. 1 had no great conversation vvitli Grant. He appeared to wish to make it appear like an engagement, and that Air. Semple's party had commenced it. I cannot, ot my own knowledge, say whether Paul Brown was in the engagement or not, but I was told by several persons that he was not. Some of the persons who came the next day to the fort with (jirant, were dressed in clothes which had been worn the day before by some of the people who went out with Mr. Semple. One Lacerte was dressed in the clothes of one of Governor Semple's people. Cuthbert Grant did not tell me tliat they had any plans for taking the fort, but the next day he told mc he must have the fort, and that the people there must go away. 1 did not see Mr. M'Lcod there, that is, .V.l ;.•'■■. *■' .* > -,■■«■ ; ' ■ '}■'■■: ■ ■*'•-■" •■•it ■■■ I ■■. I* V-,. 'h \ isr- ■•'V' 4 ' ••■ H ** '- • ' y". 1_ 9 i . 4 n .-, ■* , \ • ' m ,.; »'• t ' " * ■ <:'■■■ A ' , V ;• ■ 'y v '. , ■?v j. ■ « . ' •' '■ • f '» '^ .» 'C .,t-1v "^* .■ -ii ^ \i- ' * • *. •i ••• % • V * i ■ .* •Is .'-■ ;• M ■'. * ; /it ■11 V r;< n' *■-• ■■\ . f.---^- /. Y>u ^ i.:- "ir, •■ ^' ■■ '».* 102 at the fort ; but two days after I saw Mr. M'Kenzie there, and Cuthbert Grant met him, and they conversed together ; but as I understood very little English, it was only here and there a few words that I made out. Mr. M'Kenzie told the Metifs that Lord Selkirk was coming with soldiers, and that he had no right to their lands ; that they were theirs. 1 .asked Cuthbert Grant to let me go and help to bury the dead, and he told me F might, that there would be no danger then, but that he must have the fort the next morning, as his young men would wait no longer. 1 do not recollect the exact words, but that was nearly what he said. Altorneij'Gencral. Did Cuthbert Grant, Paul Brown, or Francois rirmin Boucher, say any thing to you that they had come to Fort Douglas, or to the Red River country, with an intention to attack it? Mr. Nulin. JNo, neither of tliem told me that it was for the purpose of attacking it that they had come down. Before this time 1 know we were in lear of an attack. I know that some Indians came to the fort, and told us that we were to be attacked; some of tlie Indians offered assistance ; they told us that from the appearances at Portage des I'rairies, they were ajjprehensive we should be attacked, and they feared Mr. Semple might be killed, and that they would give us their assistance, to protect him, Mr. Semple, however, refused their assistance, not thinking that they would attack us. When Air. Seinple and his party went out, I heard no orders given by liim, or any body else, about attacking this party. When they went out, I cannot think they had any intention of attacking the armed party at all events, but 1 really [should] believe he merely went to sec what they wanted, and who they were. Cross-Examination, conducted hi/ Mr. Sherwood. U- ': Mr. Nolin. I did not see Mr, Semple's party at the moment they went out, but I saw them at a distance of about three arpents from the fort. They were armed with 103 guns, of which some had bayonets. I have been three years in the service of the Hudson's Bay Company. I have heard talk of Mr. Miles Macdonell's Proclamation. Air. Sherzcood. Do you know of the taking and razing of Fort Gibraltar, and the seizing r^ the jSorth-Wcst Company's pemican by the orders of the late Robert Semple ? Mr. NoUn. I have*heard of pemican being taken, but do not myself know of it. I do know that Fort Gibraltar was taken, but F cannot say that it was by the orders of Mr. Semple, or that it was not. Mr. Shertt'ood. Do you know that it was razed down to the ground, the pickets torn up, and the whole floated down in rafts to Fort Douglas, which was Mr. Scrapie's residence ? jMr. Nolin. I know that it was floated down to Fort Douglas. Mr. Shcrteood. Where there pickets in the raft with it? JMr. NoUn. Yes, there were pickets in the raft. I heard that Fort Pambina was taken, but I do not know that it was, for I was not there, but I did hear that it was taken. There were some pieces of cannon in Fort Douglas on the 19th June, but I do not know of any on the other side of the river, nf;;- do I believe there were any. Lacerte passes for a half-breed, and he was, when he came next day to the fort, in the clothes of some of the party who went with Mr. Semple on the lytli, but I did not see either of the prisoners wearing their clothes. 1 went during the next year with Ci)lonel Coltman to shew hira the locality of the battle ground. »5.v^'r. . ■ ••:.'[-U'- - 'V.>, ••• . *r ; ! ■ 1 ■ ■■.!■ S;;,, DEFENCE. Mr. S/ierxood. Before we commence our Defence, I would remind the Court, that there had been a desultory argument, relative to which was the actual state of this country, or rather, as it was in a state of private war, as to wliat the effect of this state of warfare would beupon this atlair of the lOth .lunC; supposing for a moment, that it <. f t 104 *K' 'i ,«• 1 i* > ■ ■:?!■ , ^ * ¥ ;, i- • ..«. ti ', i'^ ^ ;,.v t_ ■^. J" :■■• ...■ !.■.■ *• should be clearly proved that the prisoners participated in ther|uarrel, to the full extent which thelndictmentchargea them to have done ; and 1 Imd then the honour of submit- ting that, under this state of warfare, that which would be murder here, was not murder there. In arguing from ihe 4,Sd of the King, I was rather taken by surprise. It was urged that the Act made some change in the law ; that, however, is not the case. It make s no change whatever ; I am aware that, in construing Acts of Parliament, the intent of the framcrs is always to be taken into considera- tion, but we must invariably refer to the words of an Act for its intention, and where they are clear, there is no oc- casion for any other assistance. It is only where ambiguity attends the Act, that it is necessary to call in the aid of explanatory rules, and about this statute there is none, its title is exceedingly clear ; its preamble also, and its enact- ing clauses equally so. Jt is simply entitled, " An Act for *' extending the jurisdiction of the Courts of Justice of the " Provinces of Lov/er and Upper Canada, to the trial and " punishment of persons guilty of crimes and oflVnces " within certain parts of North America, adjoining to the " said Provinces." Upon referring to the body of the Act, we shall find that these " certain places" are places which, besides being without the limits of these Provinces, or of the jurisdiction of any of their Courts, are also not within the limits of any civil government of the United States of America. So much for tlie places ; now for the description of, or what is to be understood by crimes and offences committed in these places. The Act declares that, from and after the passing thereof, "all olfences committed " within any of the Indian territories, or parts of America, " &,c. shall be, and be deemed to be, offences of the " same nature, and shall be tried in the same manner, " and shall be subject to the same punishment, as if " the same had been committed within the Provinces of " Lower -ir Upper Canada." VV hat then, 1 ask, was the state of that country r it was in a state of war ; if it was not a private war, it must be treason that has been com- mitted ; but we say, anil without apprehension of being 105 I contradicted, that it was a private war, and had nothing of a treasonable nature in it. As these offences committed in the Indian territory arc, by tills Act, dechired to be of the same nature as if they were a(;tually couiinitfed in the Pro- vince where they are fo be tried, 1 would ask, what, (if by possibility we can contemplate our happy state of tran- quillity being changed into a similar slate of conflict to that which lias desolated this Indian country), 1 would ask, what in that case would be the offence committed ? The answer is immediate ; it would be u great riot or con- tempt; it would, it must, be this, and nothing more; for it has been so decided by the highest authority in the case of the Barons of England : it was the decision of the highest authority, for it was the decision of the Parlia- ment itself. If all crimes and offences connnitted in the Jndian territory are declared to be offences of tlie same nature with similar offences committed in the Province where the offence is tried, we say the law of England is the law of Upper Canada, and in the cases of the Xiords Marchers, and the great barons of England, Gloucester and Hereford, which are precisely similar, for it is expressly set forth in Hale, that they " killed many," and " burnt " houses," and committed "divers outrages on bothsides," yet it was only a great riot and contempt ; and so again the decision upon the Earls of Northumberland and West- morland's case, which I read frotn my Lord Hale in Nor- man French, is precisely the same, and so I contend it must be here. I again repeat, that the law of England is noway altered by this Act of the 43d Geo. III. It is merely an Act to extend the jurisdiction of the Courts of the two Provinces of Canada, and the duty of the Judges un- der its provisions is to administer the laws in the same manner, in relation to offences committed in the Indian country, as if they were committed in their ordinary juris- diction. Following up the authorities 1 have produced, even here, where we have a representative of the Sove- reign, commissioned by himself, the offence charged in this Indictment could not be murder; it could only, sup- posing a similar state of the country, be a great trespasi, • *■ ,^... //.■■:. ! ; ; .»;■^'•'•'^/^' •rv ;■ H ^'1 106 .< . H. ■•:•■ •• • ?,*■>■•' »-..:(<• 'Jf ■ ■•;■ ■ 1. ;•• , j V.j V ■'. 'A ' !' ::i- a great miidemeanour, tuch as a riot. But in the Indian country, against this mock Sovereign, this self-dubbed Go- rernoi, this Sancho Panza tragedy-king, (who, howt?ver, is given up by the Crown officers), it was nothing but the legitimate exercise of the right of self-proiection and de- fence against an audacious assumption of lawless power. In that country, in brief, I say, it could not be murder, if the Crown even sustained its Indictment. 4^Uoruei/ General. 1 beg, my Lords, to say, that if that is the opinion generally held in that country, the sooner it is corrected the better. The sooner the better that, by the the decision of the law it is mtic'e known, that killing a man in cool blood is murder, in any part of His Majesty's dominions, howeve remotely situated. But it does, my Lords, appear to me a most singular line of defence which the gentleman proposes to adopt, to justify one aggression by another, and to assume that, from the frequency of ille- gal acts, therefore there is no law to which the culprits are amenable, or that the crime is different there to what it would be if committed here. With great submission, my Lords, 1 do conceive it to be a most unusual and irregu- lar defence, and one that ought not to be allowed by the Court. Chief-Justice. We shall not allow the Defence to be taken farther back than the circumstances completely con- nect themselves with this case, by shewing a continued state of aggravated feeling, which at any moment was likely to lead to such fatal results as the termination of this melancholy affray of the 19th June. The situation of the parties, iwA local circumstances, must, in every case, be taken into consideration, and these, being in no two alike, cannot therefore be governed by any absolute rule. As the concomitant circumstances, so must be the mode of conducting cases; what then is proposed at the present moment ? The Defence of these prisoners is (say their Counsel,) that the unfortunate state of the Indian country, from the two great hostile parties carrying on trade with the natives being involved in constant quarrels, had work- ed up the servants of each par.y to the highest pitch of tx- lOT h asperatioii, which siiewed itself in acts of aggression upoa the persons and properly of each other whenever they met. That, under this slate of mind, these two parties met on the IQth June, and that, from the private war which exist- ed between the rival traders, the unfortunate loss of lives does not, though even proved, constitute a charge of mur- der, but of riot and contempt. I think they are entitled to prove this state of things, if they can, from any particu- lar period without any interruption ; but, as I have before pointed out, it will be for the Jury to say, whether it does diminish the crime in that way. They say this would be the case in England under similar circumstances^ and that, i fortiori, in a country where there is no administration of the law, they are the more entitled to shew those circum- stances wiiich evince that a private war did exist, and therefore that, though lives were lost, yet the taking them was not murder; and as it is of murder thty are accused, they must be acquitted. The argument they found upon general principles of law, which are not altered by the Act of 180.3, but extended in their administration by an extra- jurisdiction being given to the Courts of the two Pro- vuices of Canada. Attorney-General. I beg leave, with respect to the state of private war which has been drawn into this case, to say, that although it should even be proved to have existed, 1 consider it as no defence. The charge against the pri- soners is a charge of murder, and is to be tried here, though committed in the Indian territory, in the very same way that a charge of murder in the Home District would be tried. As to any alteration in t'.ielaw being introduced by the Act of 1803, my argument vas mistaken, if it was supposed mat I considered that statute as doing so. I never did consider that it was the statute of 1803, which declared the opinion, that in that country there was no law but the law of the strongest, to be an erroneous opinion. I never did think that before this Act it was competent to any person to say, that there was no Court having power to try for offences of the blackest dye, whicli were com- mitted in that territory, or that its population were ame- > > •. . " 1 . ■ : "> '■ " ■?■■'?! •i ■ V. ;j . .■ ♦'•■ \ ' ■ ' , ' * .t .'• '.'», ■';•; ■' /} I'^ .■■,■*'" .■■'»« •r. c v[ * « • t . 'I ■■ ■ > 1 ■'. ,. . ■•■-! i ':<■'■.: ? >:' ^-:,! ^>rt' I" ■.^^:>. .■ T " 1 f' rt .'«!«•' ..v-,- ■ ' i • *» ■ *•■■ ^'uk(:- ' [ "•; ■ ■ >,.-■• ■■ »•' v'4ir,-. ^••v i. ••:'.■ >■• •',' ' . JJ.O lod liable to no law but tbat oruiicoiiirolled passion. My idea lecessnr of this Act was, thnt it was ly to enable otVences committed in the Indian country to be removed lo the Provinces of Canada tor trial, and having, under its authority, put upon th(ir trial persons charged with ofTcnces at which human nature revolts, I {li:»■ ■ I'M * ■ - 'i' ••!>, ■: . .v'l ti M'-^ 110 ^<'^ h.^ 1 • from malice aforethought; but my position, founded npon the high authorities of my Lord Hale and Sir William Blucksioiie, was, that if the state of the Indian coimiry was similar to that 1 referred to in the annals of English history, in the reign of Kdward the First, wlien a private war existed between the Lords Marchers, then, although lives were lost, it was not murder, but a great trespass. That was my position; a position which, I repeat, and one in answer to which, instead of a brilliant display of elocu- tion upon the nature of minder, and the power to try individuals pcr[)ctrating it in the Indian territories in the Courts of the provinces of Canada, which has never been questioned by me, I should have been gratified in hearing something like argument supported by law. No doubt but murder can be committed in the Indian territories. No doubt but a Bois-brule may commit murder, and be tried under the Act of the 4^5d of the King. No doubt but Charles de lieinhard has been tried in the Lower Pro- "vince, and has been convicted, and received sentence of death under this very Act. But, I ask, is that the case of these persons? or, is there any analogy between the case of the Barons of England, who, with their adherents, killed many, and committed divers outrages, burning houses on both sides, and wli h, being done in a private quarrel, was adjudged to be only a great riot and con- tempt, and the commission of a solitary murder, by De Reinhard, after travelling fifteen miles with the individual J* Is there any analogy between the case of De Reinhard and that of two parties, belonging to great rival commercial establishments, meeting, and in the heat of ill blood, a battle taking place, and lives being lost.'' Ls the solitary murder of an individual, by those who were armed when he was not, to be coni[)ared to this meeting oF two armed parties belonging to companies, the extent of whose re- sources are second only to the East India Company, which may be called a nation, or more properly nations of itself, having armies at command, consisting of hundreds and thousands to support its interests when they come in colliiion ; whose passions were exasperated against each Ill other, 80 that, like the Raronii of England, wherever and whenever their adherents met, they, with the consent of their respective heads, proceeded t(j oiitinj;c mid nggrrs- sion ? My argument, I am coutidcnt your Lordships will recollect, was directed solely to this point, that, owing to the circumstances of this country, arising from the private war carried on between the groat commercial rivahies, the prisoners, even if a p!irticij)ation in the affray was brought home to them, had not committed murder; and 1 founded this argument upon the analogy between the case of the prisoners and those decided in the time of Ddward the First. Against this principle of law, supported by the high authorities I produced, not a single authority of law has been urged. The learned Attorney-General, con- tenting hitnself with exercising an adroitness of elocution, has not, in laying his case before your Lordshi|)s and the Jury, exhibited a single evidence that this, which I call a private war, did not exist in reality. It will be my duty fully to establish this point by testimony, and I can have no doubt of the a[)plication of the solid legal disti'.iction 1 have taken. 1 shall first call Mr. John Pritchard, a gentle- man who has been examined on the part of the Crown. (Mr. IVitchard was sent for, but was not found in at- tendance ) The Attorney General then stated, that there was another witness that he was desirous of examining before the Defence was gone into, and probably by that time Mr. Pritchard would be in attendance. ■»>. ' ■1 r<: :\. :?••: ,fX ••' ' ■■ f >." d LOUIS BLONDEAU, sworn. Examined Ity the Attorney General, by Interpreter. Blomleau. In 1810 I was at Fort Cumberland. I was there during the winter, and also in April of that year. Duncan Campbell commanded at that station at that time. I do not know if it was John Duncan Campbell, but it was Duncan Campbell. Mr. Sherwood. I should, before the examination of this witness is pursued, like to ask him a question or two •:^ ' • 1 . . .'■(!■ * '. ■* ** < ■'■ ' •■■ ■ -•' • f ■. • ^ TV-!' "1, ' 5 ^ '■' 112 touching his religious impressions, whether he is a Christian or an infidel, for I have stronj^ doubts of his havin''■'■ f. ; - • ' *J'-: - ■' '■.''•■■A \ ., ...(.■■-.V ■ .-i ' ■- ''."■■.:* . • ! > < -■tr. it.. • ■ ' '.i'' »/ >- '/. ' t ?>-:<::} t HENRY FORREST, sworn. Examined by Mr. Sherwood. Mr. Sherwood. Do you know Louis Blondeau, and is he, to your knowledge, in the service of the Hudson's Bay Company' ? Mr. Forrest. I know Louis Blondeau, and I should presume that he was in the service of the Hudson's Bay Company; but I do not know, or am not positive, that he is under an engagement at [)resent. Mr. Sherucood. Do you know, Sir, that he was lately in gaol at Montreal, and why he was taken out of gaol? :-M- 1 '^■■ 'HP. ■ 'i-^ ■{-.'■ . ■(■■■ ■. •f y . i :■ 114 Mr. Forrest. I know he was in gaol, and that be was taken out to be brought up here. Mr, Sherwood. But you do not know whether he is actually in the service of the Hudson's Bay Company at present? Mr. Forrest. I have no positive knowledge that he is, but I suppose he is, because the Hudson's Bay Company advance money from litne to time for his support. He was taken out of gaol, as [ have said before, to be brought up here as a witness. He was put into gaol for debt, by the agents of the Hudson's Bay Compan}'. Their reason for imprisoning him was, that he was going to desert, or to leave the Province; they had reason to apprehend that he was. I have every reason to believe that he is a very honest man; his only fault I believe to be, that he is too murh given to liqnor; but, except that, I consider him to be a very honest man. The reason for putting him into gaol was, an apprehension that he was going away without settling his accounts. I know of no other reason. Mr. Sherwood. And does that conduct correspond with your idea of a very honest man ? Do you think it an honourable trait {is very honest to he a drunkard, and an absconding, fraudulent debtor ?] Mr. Forrest. 1 certainly do not call it an honourable trait of character ; but except for his being given to liquor, [and not paying his debts,'] I consider Blondeau to be a very good and an honest servant. JOHN M* DONALD, Esq stvorn. Examined by Mr. Sherwood. Mr, RP Donald. 1 know f^ouis Blondeau well. I have known him for upwards of ten years. He was formerly in uiy service. I was then belonging to the North- West Company, but do not now*. Blondeau has not the best • This Mr. RI'Donald (familiarly called " Gart," or by the Canadians, " Bra« Crochc,") is brother-in-law to Mr. M'Giliiviay, the senior partner of the North-West Company. His name is included in the list of partners in 115 of characters ; he was very much addicted to iiquor,and a man in whom impUcit confidence could not be put. I would not give him implicit belief on his oath ; he was altogether such a man as 1 would not have in my service if [ could do without him. I certainly would not have him in my service, if I could dispense with him*. From my residence in the interior for a number of years, 1 am well acquainted with the manners and customs of the half-breeds, and they do occasionally paint themselves; their habits are very like those of ihe Indians. They mingle constantly with the savages, .ind hunt and fisli like them ; they are not accustomed to cu tivate the ground, but live generally by the chace. Some of the greatest chiefs me among the half-breeds. Mr. Sherwood, I would ask you. Sir, is their painting themselves an uncommon thing, or does it indicate an hostile disposition, a ma-Mfestuiion of going to war? Mr. McDonald. By no means uncommon. I have seen them very generally paintedf. It is not at all uncommon the iudictment against Colin Robertson and others, tried at Montreal on the 15th of May 1S18 ; upon that occasion evidence was produced, on the part of the North- West Company, that this ^Nl'Donald was a partner in 1816, and, according to the rules of the Novth-Wost Company, on retiring from the active duty of a winterinnf partner, he would he entitled to participate for seven y< ars in ilii: profits of the Company's trade. A person so parti- cipating would bo considered ii "ngland as a partner, so that this witness seems to speak inconsiderately in tying, that he does not now belong to the North-West Company. • Biondeau had been employed by the North-West Company for upwards of thirteen years in the capacity of guide, and entrusted annually with the eliarge of a brigadr- of six or eight canoes, with the command and superintcndance of thirty or forty men, and the custody of property to the value of many thousand pounds , and was removed from this charge, only because he refused to engage in hostile j)roceetlings against British subjects. This might have been proved by witnesses who were present, and it might also have been proved, that a few months before this trial, one of the agents of the North-West Conifaim' had otiered very high wages to Bion- deau if he would return to tli^si" wrvice. t Mr. M'Douald's evidence ow ttiis point is at variance with the testi- mony of evei\ intelligent man not belonging to the North-West Company) who has had any intereoursf with flie half-Iireeds, who, like the whitR engages, are usaa.rt bonnd by written contracts to serve the trnderi, which is never the rase witli the Indian». ■ V,. I?,',. ■ ti : mm f. *■ ; f ■ I Iv: i ■ *i i :■.<■■ -.v i< ;f#-# •» 116 »f xt) :■ 1, ■ V :1 .•. ' . ■ ^■^ *, - ■ ■:\i to see them painted, and is no proof of hostilities being intended. I have seen them con* unly painting and decorating themselves zsith feathers at their toilets. Chief- Justice. The object of this testimony is evident; it is to counteract the effect that their going disguised and painted might have, if it was not an, usual practice in that country to do so. Mr. M'Donald says it is a common practice, and not an ind cation of any hostile intention. Are these half-breeds like Indians in their manners and customs? or do they attach themselves to the white popu- lation ? Are they. Sir, like Indians ? Mr. JSr Donald. The major part are like Indians, and they paint like the Indians. Some of the most powerful and greatest chiefs are among the half-breeds. Mr. Sherwood. We have heard a great deal about this party being armed, will you tell us whether that is a com- mon practice in the Indian countries, or is it a necessary precaution ? Mr. M'Donald. On any and every voyage and journey in that country, some of the servants carry arms, and sometimes even the whole of them do, and I consider it necessary that they should do so to defend themselves, and to obtain provisions. Mr. ISherwood. How long, Sir, did you reside in that country ? Mr. McDonald. I have resided there upwards of twenty years. Mr. Sherwood. And from your knowledge of that country, do you consider it necessary that the traders with the servants, should carry arms for their personal defence, and for their subsistence ? Mr. M'Donald. I certainly do, both for their personal defence, and as a protection against wild beasts. As a means of obtaining provisions it is absolutely indispensable that they carry arms. I have been frequently in danger from wild beasts, and found it absolutely indispensable to my personal safety to go armed. Mr. Sherwood. Is it. Sir, an unusual thing in that country, for the Indians and half-breeds to give what is in called " a whoop," or do they do it only M'hea they are going to war? are there other sorts of whoops besides war-whoops ? Mr. AV Donald. It is very common to the Indians and half-breeds to give the whoop, and it is by no means con- fined to their going to battle. It is habitual to them to do so. The whoop they give on all occasions is like the war-whoop, and is so very common, that hardly two get on horseback without giving a little whoop. Mr. Sherwood. Then hearing this whoop given is not an alarming circumstance, a sure presage of war and hostilities? Mr. McDonald. No, quite the reverse. I have fre- quently given it myself, and if you go into an Indian village, you will hear every boy giving it. Mr. Sherwood. Will you. Sir, tell us if spears, and bows and arrows, are common arms when the Indians and half- breeds go on horseback ? Mr, McDonald. Spears, and bows and arrows, are as familiar to the half-breeds and Indians as fowling-pieces are to us. Mr. Sherwood. Did you. Sir, ever know the lialf- breeds and Indians to go on horseback armcl with muskets ? Mr. McDonald. I never did. I do not believe that muskets are ever carried by the half-breeds on horseback*, but spears constantly are, also bows and arrows. They are the customary arms they carry when riding. Mr. Sherwood. Did you ever hear of the half-breeds carrying guns and bayonets? I do not ask you whether you ever saw such a thing, but did you ever hear of it? Mr. McDonald. Certainly 1 never did hear a report of their riding armed with muskets and bayonets; indeed I * It is a matter of notoriety, that tlie half-breeds aud Canadian hunters carry fusils or fowling pieces on horseback, and use them in hunting the buffalo. The witness appears to understand the word musket as appli* cable e>. '".sively to a soldier's musket. ■ :'. r.l' ikl-y^f' I t) •»,'*■♦ ■ ■ .,1 , . >-.'i;.V t^- ■■■'>•■/..■ rJ ■»l ■- . I L I- ':0^\: •ii '..■K--r .,'• iff .>■•■.. ■.f ' ^' i^ i .• ■ I . 118 consider it as next to an impossibility that they could do so, on the spirited horses that they ride in that country. Cross-Exa7iiination, conducted by the Attokney- Genekal. Atlorney-General. Did you, Sir, ever see Cuthbert Grant in that country, or was he accustomed to paint him- self hke an Indian ? Mr. M'Donald. I never saw Cuthbert Grant in that country. yJltorney-General. Mr. Grant, 1 believe, was the son of a partner of the North- West Company. Did you, Sir, ever see the son of one of the partners paint himself like a savage ? Mr. McDonald. Yes, I have known many sons of partners paint themselves; it is by no means uncommon at their sports. Aitorneij-G eneral. Did you ever see forty or fifty half- breeds riding together and painted, with peaceable inten- tions \ Mr. M'' Donald. I never saw so large a party riding together painted. 1 never saw forty or fifty riding to- gether. Allorney •General. In what manner do the half-breeds generally live? are they not superior in their habits to the Indians i* Mr. McDonald. A great many live as the savages do. A few men of them are employed as voyageurs. When the engages are scarce, they are attached to the parties, and act as servants and canoe-men. Attorney-General . When tl.ey are so employed, do they paint, and preserve the habits of Indians? Air. McDonald. No, not when they are so employed. Attorney-General. How long is it. Sir, since you was in the interior i Mr. McDonald, It was in the year 1814, that I v/as there. ■I. 119 Mr. JOHN PRITCHART), sworn. Examined bj/ Mr. SuFiRvvooD. Mr. Sherwood, Do you, Sir, believe that the prisoner, Mr. Boucher, saved your life on the IQth June by hist exertions ? Mr. Pritchard. I do believe that the prisoner, Bou- cher, did save my life on that day ; for had I been alone, I believe that one Deschamps would have taken my life. I think now that if Boucher had not interfered, Deschamps would have killed me. I have no doubt of it. Mr. Sherzfnod. You are acquainted with the hand- writing of the late Robert Semple, I presume ; will you look at this letter, and say whether you believe it to be bis writing? Mr. Pritchard. Tliis letter is in the hand-writing of the late Governor Semple. The following letter was then read, upon motion of Mr. Sherwood. Fort Douglas, I4th April;, 1816. DEAR SIU, I have received your several letters ; but as I trust we shall so shortly meet, I think it needless to enter upon their contents. There have been tboughts of removing Fort Daer, but that measure has been postponed. It may be well, however, to bring down the doors and windows, and whatever moveable parts our enemies might carry off. I wish all the stores* of the North-West Company brought down here. They have seized our goods in Peace River, and we must try to have a few things to balance the account. Mr. M'Leod's services will be useful in coming down with the colonists and stores. You know his zeal. St. Germain can re- main with a few men, until I determine what is to be done with Pambina. I shall order the bearer of this to go by the way of * The stores here referred to, were some particuhir stores at that time placed in Fort Daer, which some of the North- West Company's servants had on a former occasion requested might be deposited there. See, at page 20, the evidence delivered by Mr. Pritchard on his cross-examina- tion relative to this subject, on the trial of Colin Robertson and others at Montreal. '•>HV • • iS ^•. >'''■!. ^'■» 1%: r r ^m' ■ a tt ■:••■■. ■ 0' .i.V.\»'' X '■■ ' ■•■'t' •s ■ ^':Vr-: ^ t u -¥^ 120 p . |:i'^^ ■^W^ ■ '■■•.' ^■•1 ■■•• " -tl , ;^t„;i, the two lower boats, to see in what situation they ar«. From his report you will judge of what is necessary to be done, and act accordingly. The upper boats, I understand, are in safety. In other points I trust to your judgment. Do what you think best for the general interest, and rely upon finding in me a man who judges from intentions. I am, dear Sir, Yours sincerely, (Signed) ROBERT SEMPLE. Mr. r. John Pritchard, 1 Pambina. j ' ■•^\ Mr, Sherwood, The letter, I perceive, is . .dressed to you : pray, Sir, what was your situation with the Hudson's Bay Company at that time ? Mr, Pritchard. I cannot say that I held any situatioti with that Company. 1 was rendering them some services, but without pay or reward. I will, if required, tell how I ■went to that country. Mr. Sherwood. It is not necessary. You, I dare say, know Mr. Colia Robertson, and can prove his hand- writing. Look at this letter, and say if it is in his hand- writing. Mr. Pritchard. It is the hand-writing of Mr. Colin Robertson. The follow ing letter was then read, upon motion of Mr. Sherwood. Gibraltar, QOth May, 1816. GENTLEMEN, Having heard with pain, that the men under your command were surprised and taken by a superior force of the North- Webt Company's, I beg leave to inform you that every thing here goes or) well. We sent off' Cameron on the 18th for Jack River ; from thence he proceeds to York. Take courage, and endeavour to inspire your men with the same sentiments. lam in possession of xlie North-West Company's fort, and the Governor has put Fort Douglas in an excellent state of defence, and we are determined to dispute the ground by inches. in of :ry ce 121 Inform me by the bearer the real situation the unfortunate event has placctl you in ; and take care, in dehverinf? your despatch to this Indian, that you are not discovered l)y our opponents. Cod hleps you all. Your's faiilifully, (SiiZiied) COLIN ROBtRTSON. You may read the letter to your men, and tell them to p^ivc* no credit to re|)orts t>f any kind, until you hear from Governor Semple or myself. (Signed) c C. R. Mr. Sherwood. Colin Robertson was a very confiden- tial servant of the Hudson's Bay Company ; was not he a very active servant ? Mr. Pritchard. He certainly was an active and con- fidential person, and so esteemed by his employers. Mr. Sherwood. \ perceive Mr. Robertson observes, that he was in possession of the North- West fort. What fort did you understand by that ? th^ fort from which the letter is dated, " Gibraltar:" Mr. Pritchard. Yes, I did. Mr. ahcrwood. W^ho, Sir, was the Mr. Cameron that was sent ofTon the 18th to Jack River, and from thence to proceed to York ? Mr. Pritchard. I suppose it was Mr. Duncan Cameron. Mr. Sherwood. Was he a partner of the North- West Company, and what was he to go to York for ? York Fort, I presume, on Hudson's Bay; not this town of York, I believe i Mr. Pritchard. Jack River is on the route to Hudson's Bay, and Mr. Cameron was sent there on his way to Europe as a prisoner. Mr. Sherwood. Do you know the hand-writing of Mr. Miles Macdoneil, and is this letter, under date of the 24th January, 1817, addressed to Cuthbert Grant, in his hand- writing ? Mr. Pritchard. It is the hand-writing of Mr. Macdoneil. Attornty-Gentral. It cannot be read, it is no evidence, R :■■;:: ■"■'''■," V'', •" '\ . ■ ' '•'1 '¥' -\ *.■^Ul';■ I ■V 4:« f. tiVI , • 1 .'■'y-, I/'.;?' ' '.* ' ^'r'"'. ;.i«t'^ '^%r- >^-.v . 1^22 f . iO .'i? ► nor du 1 know that it would be ia that ul* Cuthbeit Ciraiit even. Mr. Sheraood* We wish to read it, as shewing the opinion of ceitain persons relative to this aft'air of the IQth June, and the Jury might, from the idea of Cuthbert (j Hint's iniiocenee, make such inferences as they think proper, relative to the other persons charged. If, however, the Com I is ni^ainst nie, I do not press the Iftter. Mr, Pntchard here desired to txplain, tliat the post called Foit iJaer, alluded lo in Governor Sei-i pie's letter (page 119) vvas one belonging to the Settlement*. JAMES lOOMI'V, sworn. Exainiticd by Mr. Shkkwoou. Toomei/. In the year 1814, I was in the Indian territory, in the lied Kiver country, but not at Fort Douglas. I know of the Proclamation of Mi Miles Macdoneli ; [ saw it stuck up at the gate of Fort Daer. 1 do not know that it was an authority to seize the provisions of the North- West Company, but it was to prevent them being taken out of that country. I do know of two trains of pemican being seized from the North-W est people. 1 was then in the service of the Hudson's Bay Company, and I know that the free men who supplied the North-West Company with pemican had it just ready to start with, and were compelled to put it baik upon the stages from which they had loaded the trains. This was done with the approbation of the Hudson's Bay people, and the free men were forbid to move it, and afterwards it was taken out of their posses- sion by the Hudson's Bay servants. I know also of some boat-loads of pemican being taken between Fort Douglas and Brandon House by the Hudson's Bay people, who * Thii part of tlie evitlcnce has been eiilLrely misapprehended by the short-hand writer, who gives it as follows: — Mr. Piitchard. " I would " wish to explain, that in the part of the letter of Mr. Semple, in which he " alludes to the North~Wcst Company's stores beint' brought down to Fort •' Dou$;las, and speaks of our goods having been seized, it related to a " quantity of fun which had been taken frem the Hudson's Bay Company, " and conveyed to a North-West fort.' 123 were nrmed with guns which had bnyonels, except perhnps about two or three. There were about twelve or thirteen persons engaged in seizing this quantity of pemican, and they took possession of it by force. The North-West Company had been H' customed to be supplied at this place by the free men as well as the Hudson's Bay pc( pir. id 'rheAtlorncy-Cjcneral here suggested, that toavail them- selves of the pern)ission given by the Court, the counsel for the prisoners should begin at the oil er end, and shew that at the ujoment when this melancholy occurrence took place, the state of exasperated feeling existed which they are to trace without interruption to any dnte they may go back, and he observed, that if such a course were ;ill(jvv(f(J to be pursued, he should deem it hi& nnpetative duty to prove that a deliberate intention to destroy this colony existed as far back as 1812; indeed, from the very moment of its commencetnent, and that in continuance liom that time down to the lyih June, when for a second tiujc it was destroyed, hostilities were directed against it, and that this armed force was manifestly sent to commit outra;;e3 ugainst the Settlement : he had confined his exau)ination lo that armed party, and had never left them for one moment; if the learned gentleman were permitted to pursue the course they had commenceil, he should lebut it with testimony that would seriously aggravate thai most afHlcting catas- lJo[)he*. ■*■'.'■ ' ■'■ '■ ,'■•'■ 1* S '■'■■. as Ithe jld he ort a • This course was pursued, and yet the Atloniey-General took tiu step* to do that which he here acknowledges to be liis imperative duty. He wan repeatedly urged by persons, who attended on the part of the prosecution, to bring forward the evid'^nte which he here alludes to: he declined doing RO on the ground that the whole uiattei was irrelevant; but the Court had decided that it was relevant, and that decision, however erroneous, had opened a door to the admission of evidence, which it was essential to the purposes of justice to rebut, and which the Attorney-General had ain[)le means of rebutting. He alludes himself to a letter whith lie could have ]iroduced, written in the year 1812, before the first settUrshad rren arrived at Ked River, a l«ttcr wiitlcn from London by Mr. Simon M'GUlivra;^^ ■>>ii 124 i'.- Mr. SherwooH iitid Mr, liiviiis Shnwood sii[)|)or(((l tlic course they lind brpiin to [nirsiie by tlie same argiiniciits they had before insisted on. tlip prinripiil paitiKT and aj^ciit of Hie NOilli-Mcsl Company tlirre, pointinj; out to Ills associates in the interior, the al)solnte neeessity of preventing the cohtni/ation of lied IJiver, hecaiisc its " suixon* wmld strike at the nry " existence of Ihcir liuili." Me could have proved by the cvidenre of Pritrhurd and others, that in pursuaiiee of the.ie instructions, various devices were put in practice in order to prevent tiie settlers from obtaining supplies of provisions ; that at the period when Governor Macdonell issued bis Proclamation against tlie exportation of provisions, the North- West Company were tn^a^'ed in buying up all that coidd be obtained at an advanced price, and actually did purcliase nuicli more than the usual supply reipiired for their trade, for the express purpose of distressing the settlers. (See Narrative of :Mr. John Pritehard, lately published by Murray, Albemarle Street.) It might have been shewn that the seizures of provisions spoken of by Toonicy, Swords, Wallace, Pinkman, and Vaudrie,werc effected under lawful authority; and that if the North- West Company thought fit to dispute either the validity of Governor Macdonell's authority, or the propriety of its exercise, they had a legal course of redress open to them by ui *iti«)n to the King in ('ountil : That in the month of June J 814, subse(iucntiy to these seizures, an amicable arrangement had taken place between Governor Macdonell and several partners of the North- west Company, (see at page 21, the testimony of Mr. John Pritehard, on the trial of Colin Itobertson and others, and also the Narrative of John Pritehard, above referred to); and that the whole conduct of Governor Macdonell on the occasion atiorded the clearest proof that he had no intention of distressing the North- West Company, or of occasioning any finneccssary interruption to their trade. It might have been shewn that after this arrangement tranquillity prevailed without interruption for several months ; so that the facts related by these witnesses could not possibly be referred to as the cause of subsequentoutrages. The Attorney- General could also have proved, that during the interval of tranquillity and without any farther provocation, the notorious Alexander Macdonell, till n recently promoted to be a partner of the Nortli-West Company, in a letter to one of his associates, declared that Duncan Cameron and himself were *' on their tvai/ to commence open hostilitiis aj^ainst the enemy in *' Ked Titter r distinctly alluding to the instructions which he had received to effect the " downJ'uU of the Cohmij by fair or foul met.ns." (For the letter of Alexander Macdonell, dated 5th August, 1814, to his partner John Mac- donald at Montreal, see page 11 of the Statement respecting the Earl of Selkirk's Settlement, published by Murray, Albemarle Street, 1817.) It might have been proved that in pursuance of this design the servants of the North-West Company were employed, during the subsequent season, in a ssrieg of unprovoked outrages, till tliey had eflccted the total destruction of the Sett'enipnt . that, in the course of these transactions, 'OHncan Cameron had rominitted hirasdt so far, that three bill* of indi<-tment hs*? I2.j C/iief-Juiticf. It ct'ilaitily never was the iiitentioti of tlje Court to allow, on tlip one side or the other, Ibrnu'r a^t^ression to be brought forward a» justifyitjg aggression subsequently committed. We thought it right, under tlic circumstances of the case, to allow to be shewn, that from tiie determined hostility existing between those parties, in a country uncontrolled by any law, there was reasonable cause for either to apprehend, that wherever they met, the weaker would have to give way to the stronger party, and that therefore measures of unusual [)recaution were rcsoited to. It appeared to me and my Brothers, that the object of the Defence was to shew, that when this horrible event took effect, it resulted from one armed party, perhaps armed under unusual circumstances, being followed by anotlier, who having arms at their command took them, and went out, (as they say,) merely to watch the movements of the mounted party, being apprehensive, from accounts which they had received, that this party came to act in a hostile been found agninst him; that these trials hiid been referred to I'pper Canada ; that Duncan Cameron was at the time in the United States, but had noi presented iiimsclf to take iiis trial. It might also have been proved, thAt after the return of the settlers to Red River, in autumn 1815, under the direction of Colin Robertson, they had taken no steps against the North- west Company, except such as were dictated by the necessity of self- defence. With respect to the arrest of Duncan Cameron in March 181G, and the subsequent demolition of his trading post, the Attorney-General might have pioduced the same evidence as on the trial of Colin Robertson, and others at Montreal (sec page 17) ; and even more ample evidence, if necessary, to prove that these measures were not adopted till most unquestionable information had been received of the hostile designs of the North- West Company, and of the meditated repetition of the outrages of the preceding year. Independently of the compromise between Governor Macdonell and the North-West Company in June 1811, and the cousecjuent interval of tran- quillity, the Attorney-General might have shewn that the destruction of the Settlement in 1813, must have bcni sufficient to appease any but the most insatiable vengeance. He might aho have shewn, that of the half-breeds who were engaged on the 19th June, a great proportion had lived on terms of friendship with the colonists during the winter immediately preceding, and had expressed no feelings of hostility till Alexander Macdonell, by means of his emissaries, had contrived to get them assembled at River Qui Appelle, and there to inspire them with vindictive feelings, or hope* «f plunder. .>';*! .,■-.«...-' VI > t. j. . \ J: '-if 'm [\k':i ''■:v. :■' .'!• . '. ••.■ 'i't ; V ■■i .: ■ \20 manner to the Settlement. In the state of mutual exaspe- ration existing between them, murder ensued. It appeared to us to be lair to let it be shewn to the Jury by the Crown, that riding armed in numbers was not an unusual practice, and that therefore they miuht be afraid for the colony's safety, after the intormation they had received. On the othci hai:d, as it was allowed to the Crown to shew what they could to sustain the setting out of this party with an hostile intention, it was thought to be lair to admit evi- dence that, owin^ to the 'jonstant airuressious which were rt?7'' committed in the attacks upon the property and persons of the traders belonging to these rival companies, it was necessary to protect their provisions by an armed es(;ort. There was also anoth'^r reason for allowing the Defence to go back, and prove, or rather trace, the irritations which existed, under t[^e liuiitation of shewing a continued and unabated state of exasperaied feeling, without cessation, for that time which the law or a Jury would consider necessary for the passions lo cool, because, unless they were permitted to do so, the prisoners had not a fair op- portunity of proving that which might, in the minds of the Jury, soften the crime whereof ihe^- are accused, to man- slaughter. If a continued irritation is attem[)ted to be sustained, it must be kept up without interruption, !im{ if at any moment it was perhaps diminished, yet that fresh aggression and outrage not only prevented it from com- pletely cooling, but rekindled all the angry pa'^sions, and again brought into play all the hateful feelings by which both parties ap[)car to have been actuated towards each other. T\w Solicitor-General submitted that the counsel for the prii^oners ought not to be permitted to shew, that owing to a number of slight circumstances, it was probable, that irritation might exist, but that the force of them should be so pov\eiful, that it was impossible to control the passions. Chit t- J ml ice. And a slight circumstance of aggiession in itself, if often repeated, might have thai effect. 127 HUGH SWOliDS, sworn. Examined by Mr. Liviiis SiiiiitwooD. Swords. I was rorineriy, and in the year 1814, in tlie service of the Hudson's Bay Company, at the lied River country, being sent out thtre from Ireland by the Karl of Selkirk's agent. I cannot say that I read, but I licard of a Proclamation issued by Miles iviacdonell. 1 do not know that it I'orbade the sale of peniican by tlie hunters to the Nortli-VV'est Company, for I was not able to read the Pro- claniati(jn. I know of a boat-load of pemican being seized by the Hudson's Bay people. It contained a quantity of ninety-six or ninety-seven sacks of pemican, of about ninety pounds each. I was one of the party sent to seize it by Mr. Miles Macdonell, and the party who went were all armed, with military guns, some with bayonets, and we liad ammunition, consisting of ball-cartridge, served out to us before we went to seize it. 1 know that a camp was formed on the Ossiniboine River, and cannon were planted to prevent the North-West canoes from going down, and that this wass done by the orders of Mr. Miles Macdonell. On this river the trade of the country is carried on. Pe- niican is the meat of the buffalo mixed with grease, and forms the general food of the traders of the country ; and if the North- West traders could not get provisions from here (the Red River country), it was impossible they could carry on their trade, as they depended on a supply from here for other posts. Cross excimincd bj/ the SoLici rou-GeN eual. SoiicUor-GeneroL Do you not always take arms with you, when you go out in that country ? Su;:ords. No; sometimes I have been out in the Red River country without arms, but we generally take them. SoUcilor 'General. Was there any thing so particular in your taking arms when you went out at the time you have been speaking of, that you should so particularly recollect iii M ^ ''-I.- ^■^m '.^:V-fP; 12^ iV- i I- •• . i ♦ ■'. 'I Sieords. I know tliat at that time we were Bcrved out with arms, and fixed ammunition; with muskets and bayonets, and ball-cartridge. I cannot say that all had them, but 1 know that 1 had. I never was a settler. 1 was a servant to the Hudson's Bay Company, and was station- ed at Red River. I left their service, because I did not think I was well treated by tliem, and that I could better my condition. SoHcilor-G ineraL Do you know any thing of the re- moval of guns from the Governor's house at the colony, to the North-VVest post in that neighbourhood, or of other private property belonging to the residents? Szeords. No, I do not. I heard afterwards that they w -le moved, but I did not see them moved. Solicitor'Gtneral. Did you never receive any money from Mr. Cameron, Mr. M'Leod, or persons belonging to their party, for your conduct i Swords. The gentlemen were good enough to give me twenty pounds for wroughtingin the canoes from Red River to Fort William, and to Montreal. Re-examined bj/ Mr. Livius Sherwood. Swords. It was in May 1814, that the pemican was taken. It was taken from the lodge of one Poitras. The Hudson's Bay people were trained to the use of arms, but I do not know for what purpose. They had been exercised some months before the pemican was taken. It was not in a boat, but about a good cargo for a boat that we took, and delivered to Mr. M\\e; Macdonell. Before setting off, I and the others of the party were called up before the house of Mr. Miles Macdonell, and told we were going in search of provisions, which it was expected the North-VVest people were sending down the river ; and if we found any, we were to take it by i 'rprise if we could, and if not, by force, but we were to take it in any way. Not finding any, that day, we encamped, and Mr. Matxionell joined us the next day. Mr. Macdonell had a field-piece with him, and a number of men armed, and the cannori was placed so as to command the river. When before Mr, Macdonell's house, I was pro- \ 129 miscd, that if we took provisions I should have four pounds, and others were promised two pounds, and some different sums. Mr. L. Sherwood. Well, go on with your story. Chief-Justice. There is no occasion ; we have the fact, that it was taken and delivered to Mr. Miles Macdonell. It can be of no consequence how it was taken. It is evident they went prepared to take it by force, if it was not given up quietl}'. Mr. L. Sherwood. I will then only put one more ques- tion. Had Mr. Macdonell any want of provisions at that time ? Swords. Mr. Macdonell could not be in great want of provisions, for it was fishing season. WILLIAM WALLACE, sworn. Examined by Mr. SuiiRwooD. Wallace. I have a knowledge of the Proclamation of 1S14, l>y Mr. Miles Macdonell. I did not read it, but I heard it read. I was then a servant of the Hudson's Bay Company. I know of a boat-load of pemican being seized, about ninety-six or ninety-seven bags, and that it was seized by our people, under the orders of Mr. Miles Mac- donell. I know that it was brougiit to our fort, and stored there, for I helped to carry it into the store. I know that there was a camp formed on the Ossiniboine River, and that cannon were planted on its banks. The general con- versation was, that every thing was to be stopped that was going down the river. JAMES PINKMAN, szcom. Examined b?/ Mr. Sherwood. Pinkman, I was at Fort Pambina in the year 1813, and then, or in 1814, I saw a Proclamation posted upon the gate of the fort. Mr. Sherwood. Should you know that Proclamation were you to sec it again ? or do you know what it was about f s >■.■')"■!■■■*' ■ ■. ■ '• '(•■ ' ' ' * - ..•V. ■'■>;,■•.. • i\ ■ ^■;■*• .• If - ■ : '^'y' '"! ( •^^/. r.; , . ••■* ,' '.'•!' ■ ■, ■ r .-- * .' " A>. '••'. ,5 : >:■■■■,.'' '■ ■ • t-l': ''J •■■'3 M ■..■it : ' .•i u\,^::;'' • i -r ■ ' s?:? , v;.v Pinhman. Tt mentions about the free men and all the Canadians giving up their cattle to Mr. Macdonell. Mr. Sherwood. NA'^ere provisions forbid or prevented from going down the river, as they had usually done before that Proclamation ? Pinhman. I know they were forbid, but I do not that they were stopped. I know of some being taken by the Hudson's Bay people, as I was at that time a servant of the Hudson's Bay Company. Mr. Sherzsood. What did Wallace, Swords, yourself, and the other servants, call Mr. Miles Macdonell? Pinhman. We always called him Governor, all the servants did. In May 1814, I was sent from the Ued Ri- ver Forks to go, with some others, to I'ortnge des Prairies, and from there we went to Brandon House. Mr. Spencer, whose orders we were under, went to the North-Wesl fort near that place, and asked for their provisions, their pemi- can ; I did not go myself with Mr. Spencer to the Norlh- West fort. A few days afterwards, an answer was brought to a letter which had been sent from Mr. Spencer to Mr. Miles Macdonell, and we went to their fort. It was shut, and the gates were locked. We cut down the pick- ets, and got in that way, and then took the pemican and grease, and dried meat. There were about five hundred bags of pemican, and twenty-six kegs of grease, arid some dried meat. Some of the bags were larger than others, but I dare say they might weigh about ninety pounds a-piece. Mr. Sherwood. That would be something more than twenty tons, a pretty good prize, besides the grease and dried meat. I.)o you know of the Ossiniboine River being blockaded, so as to prevent the North- West Company from bringing tiieir provisions by the channel of this nver !•? Pinhman. I do know thai cannon were placed on the banks, to prevent the boats passing that belor)£f'°d to ilw North-West Company. I know the Morth-V\ tsc '..'oni- pany have a great number of forts and j»(»sts, auj '.iiit 131 thfere is no other way to go lo a good man y of ihem, than down Ae River Ossiniboine. Cross- Exarrunaiiony conducted by the Attorney- General. Attornei/'General. Pray, who went with you ? who was at the head of the party ? Pinkman. Mr. Spencer was our master. A Mr. House also went, and three more, and I. There were onl}' two and I, making altogetiier five. /IttonieT/'General. You ])erhaps do not know that Mr. Spencer went with a warrant as a Sheriff, or to make some jiioposals about the provisions? Pinkman. I do not. 1 only know we went, and he was our master. Mr, Sheruood. If it is pretended there was any autho- rity of that kind, we are pre[)ared to resist its legality. I thought, with the Governor all these mock officers had been given up. J llorney-General. To any remarks of that kind I do not think it necessary to make any reply. 1 have neither given up nor maintained the legality of the powers ex- ercised by the Hudson's Bay Company. On the abstract charge of murder, at present before your Lordships, I do not conceive I have any thing to do with them or their Charter. It was only merely us to a fact I asked the wit- ness; whether he knew in what capacity Mr. Spencer went; when he told me tluit he did not, 1 was satisfied. Do you know how many men were in the fort at the time you went there ? PinJnnan. J i\o not know jiositively ; but 1 think about ten were in the fort, at the time we got in. j^tloruey-Gcneral. And you were five ; did they make any resistance to you ? Pinkman. No, except that they refused to open the gate, and we cut the pickets, and got in that way. .dltornetj-Gcncral. J)id you serve out your time regu- larly and fully in the service of the Hudson's Bay Com- pany ? •.'■•.. ■,'j ■•'', ■. •>'•-, (.' •''Vi*< , ■•. » .¥■ •; «r-. : ^»V.- ■ ;v>'/- - ■s • ■ ■ •'<•■? ft ! - V^t . .'•V . ■■ 'I' • '.'■>- . • '%•<. • '■'^.^■■ :V %' >:■..•' yU :-:if ■ ■■" \-- -f .Li K 4 132 1 1 » ir a %x I- : ay peoijle ; the Hudson's Bay traders have not been long in the liabit of trading on those jivers; only a few years. I know by hearsay, and only in that w a}', of the Proclamation of Mr. AJiles Macdonell. I know that in the year 1814, i quantity of ])emicaii and dried meat was seized from the ^iorth-West Company's j)ost on the River la Sxjurie, because I was there at the time. Jt was taken by the Hudson's Bay people out of a large hangard, (store,) and amounted to lull four hundred bags ; there must have been between lour and five hundred hags, perhaps full five hundred, taken away. Mr. Spencer came to the fort, and knocked at the gate, asking to be admitted into the fort in the name of the King, and that all the pe- mican, dried meat, and grease, should be given up to him. Mr. Pritchard, who had chargeof the post, refused to admit him, and took me, as a witness, that he did so. He asked 133 Mr. Spencer to wait a little while, which he did, and shortly M r. Pritcliard i)ut a small billet tiirough the pickets to Mr. Spencer, who took it, read it, (witness being here askedif he knew the contents of the note^ replied, I do not,) and answered, " that will not satisfy me," and again de- manded to be let in, which Mr. Pritchard again refused. Upon this refusal the pickets were cut down with an axe, and the party, headed by Mr. Spencer, entered. They asked where the provisions were kept, and Mr. Pritchard told them they might find them. Tliey then went to the store, of which they broke off the lock, for it was locked up, and they opened it by drawing the staples and breaking tbe locks; they took possession of the provisions, consisting of upwards of four hundred bags of j)emican, a number of bar- rels of grease, and a quantity of dried meat, which after- wards was all taken away by them. I was then in the service of the JSorth-West Company, and at the fort on River la Sourie at the time, and saw it taken away to the Hudson's Bay fort on the other side of tlie river. Mr. Baldwin, \\o\w long have you lived in the Indian country ? Vaudrie. I have \\\q(\ there upwards of thirty years. Mr. Baldwin. Did you ever see any vestiges or remains of old irench forts in that country ? Vaudrie. 1 have seen several very old ones. Mr. Bnldicin. Do you know that thty were freciucntcd by the trader'^ in the time of the French govoinineni ? Vaudrie. J have heard a very old man, who lives there, say that the Red River country was traded to in the time of the French I'jovcrnment. Mr. Bald'iCin. Do y i: V; 134 I 1.1 f ■. hi '■ it, but to come below. I never went Iiiqber up tban Red River. Mr. Bafdicm. Am\ wben you first went to Red River, tbe Hudson's Ray people did not trade there, but the North-West Company did ? Vaudric. Yes, the North-West people did frequent tliere, but the Hudson's Bay people have only come these few years back. Cross-Examination^ conducted bt/ the Solicitor-Gen cral. Vatidrie. I do not know if Cuthbert (jlrant can read^ or if li)e half-breeds generally do read. I know one half- breed who can read. DONALD M'DONALD, suorn. Examined hi/ Mr. Sheuwoou. M'DonaM, 1 was fornieiiy a servant to the Hudson*s Ray Company, but was not in 1816, at the time of the battle. We have no occasion for great guns in the chace. J do not know if our people learned the use of great guns. I did not act as a cannonier. Michael Heden acted as such ; but I have helped to carry cannon from Red River to difl'erent places. 1 know they were, in 1814, placed on the banks of River la Souric, to prevent the people be- longing to the North-West Company from going down the river. I also know that cannon were planted at the Forks of Hed and OsGiuiboiue Rivers, ior the same purpose; juid at tae time they were p,laced there, Mr. MacdoneU said they were (o prevent tlie North- W'esi from going down. I knotv that some of the people were taken at Turtle Lake, and 1 saw two chests of fire-arms brought to the fort, which it was said had been taken from the North- West Company. In the year lbl4, Mr. MacdoneU did not want provisions, he had {)lenty. 1 believe the Procla- mation of ^ir. INLicdontll forbade the hunting of bulfalo. Tile half-breeds were very much dissatisfied with this, as their only means of living is by hunting and fishing. Lidced, sometimes they have nothing to live on but what 135 they hunt, as you connol always fish. The winters ill that country are much longer and colder than they are in Lower Canada. The hulValo are consequently very poor, and not fit to eat in the spring. [ do not I\iio\t exactly what the order of Mr. Macdoncll was, but I know the Bois-brules were very much oft'ended at it. MART[N JORDAN*, sicom. Examincdbij Mr. Livtus SHwuwoon, Jordan. In the year 1814 I wa-* in the nt^irvlce of the Hudson's Bav Conipany> and eame out by way oF Hud- son's Bay. I was «Alationed at th(» I'orks oi the Ued Uiver» which are formed hy the Ui\\\ l^asinihoinc falling into the Red liiver. The place was in possession of Mr. Miles Macdonell, I know that cannon were placed there by iiia orders, for I assisted in placing ihen\. 1 know also of the Proclamation issued by Mr. Macdonell, and the cannon were placed for the [)urpose of enl'orcing the Proclamation, and preventing the ISorth-West Company from taking provisions down the river in their canoes and boats. I was ordered by the Governor from Hudson's Bay, Ciovcr- nor Auld, to obey Mr. Macdonell, and he directed me to lielp to put the(;annon there, and to assist in stoppirjg the boats. I was present when provisions taken from the Norih-V\'e3t Company were [)ut into the store at our fort. 1 was to have been one to have takim it, but the party that set out afterwards divided into several, and the provisions did not happen to come my way, so it was taken by another party. 1 was at Fort Gibraltar when a quantity of small arms were taken by our people from the ISorlh- * 'I'hls man was in the service of the Hudson's Hay Company whrii he arrived at Montreal, hut having been detained a considcriiblt' time there, in consequence of unexpected delays, he j{ot into exipx^-nxive and ine^jiiiar hahlts, and contracted debts to a hn rc amount, tor which his creditors arrested iiini. The agent for the Hudson's Hay CoMi|ian) did not think lit to assume debts so improperly contracted. Jordan vowed vciigeillt^e ; and wa.s soon after lilxirated by Mr. Henry M'Kenzic, an agent or director ufthe North-A\'pst (Jonipany, who di chais^vd his (hld>. . ' I' ; 't. , I , I- . ., ■ • ; ■ ■ ^ ■ • • 136 !';f If iV! •; !- I' West Company, and carried to our fort*. I know of Mr. IMacdoncll's order for preventing the hunting of the buffalo, and that the halt-breeds, Indians, and North- West people, were very dissatisfied with it. \ understood that the Hudson's Bay people were not very well pleased with it. 1 was present at the taking of Tort (iibraltar. Before we went to take •% I was ealled in hy Mr. Robertson to his house, and asked if I would like to know a seeret, and I said I (lid not know hut I would. He then told me he was fjoinij (hat night to seize on the fort beloni.>"ini' to the No^lh-V^^est, ealled Gibraltar, and asked me if I would like to go. t said yes, I would have noobjeetion. Shortly after we fell in, and niareiied up to the fort, and took it. This happened in Mareh. VV^e kept possession of it for three monlhs, and then it was destroyed. VV^e, who had taken it, stood in dcfenee of it, not wishing it to he pulled down, but Governor Seniple insisted upon its being de- stroyed, and took Mr. Robertson and me prisoners, because we opposed it. All the materials that could be, were floated down to the Hudson's Hay fort, and those that coeld not, were burned, as I understand, a few days before the battle. I cannot positively say that it was just before the battle, because I was not at it; but it was the begin- ning of June that the fort was destroyed, as I believe. I was never but once before under arms myself, and then it was to way-lay the North- West people at Portage des Prairies, a few daj's before Fort Gibraltar was taken. [ was on that occasion with Mr. Semple, but tl)e provisions that were stopped were taken by Mr. Robertson. Cannon were prepared, and horses were kept ready to tackle, if there should be occasion. The settlers, as well as the servants, were exercised and trained to the use of arms; and on the day we went to take Fort Gibraltar, we fell into the ranks like soldiers. * Tliat tlie arms licre alluded to were not t!ic property of the North- West Company, l)iit a part of those wlileli had been taken by tlicm,on the destruction of the Settlement in ISI."), ought to lm^;c been shewn by the Attorncv-deneral. 157 Mr. L. Shrrwood. It appears by your statement, tliat Governor Sernplc always kept you prcpnred to receive the North-West people, any lime tliey might happen to be passing? Jordan. Yes, we were always in a state of readiness to receive them any time ilu-y came. Mr. L. Shfrzcood, What did you understand to be the object of your, or the people generally, being trained to the use ol arms ? Jordan. 1 understood that it was to stop the North- West trade by force of arms. 1 heard the Uovernor and Mr. Robertson say, that he would stop their hoats by force of men and arms. I never heard any orders that we were to fire upon them, hut that the trade should lie stopped, and the navigation, and that the provisions should be taken*, [m^vi should be taken prisofirrs], 1 did not, very soon after the battle, see any of the Hudson's Bay people. I did some time afterwards, but I did not in()uire who fired first. 1 heard them talk generally of the battle, but not as to who fired first; but in flying reports, 1 heard that the Hudson's Bay people did. Mr. L. Sherwood. Pray, was Mr. IJolte in charge at any place i Jordan. No, Mr. Holte was not in charge any where. ' Cross-Examinution, conducted bij the Attouney- GliNERAL. j4ttorney-General. You mentioned that you was once under arms to way-lay the people belonging to the North- West Company; will you tell us what orders were given you on that occasion, or why you think that was the object of your learning the use of arms ? Jordan. We set out determined not to conje back with- out satisfaction. Our orders were to get [/vacA] all the North-West property we could, and if we got it, that it should never be let return again. • The provisions here alluded to were those which liad been taken from Pambrun, (sec page 71,)— which are also alluded to on the ci o» ■-, IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I |jo ^"^ IMHI ■^ Uii 12.2 •" — 12.0 IL25 III 1.4 m I ik ^^ >1 ?> 4V-'' ^>' o;^ ^ /4 Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. MStO (716) •72-4503 I ^^:^ ^^> o^ I - . ■■ '4 < .; ^ i *' ^/ J. ^.•^: i« 5,:.' J:; J* li 1^. 138 Attortiey'Gentral. Did you happen to have heard of the destruction of property at Brandon House, and that the property belonging to Mr. Fidler (his own private pro- perty), had been just before destroyed, and taken by the people you were expected to meet? Jordan. I bad certainly beard that Brandon House had been pillaged, and that a little property belonging to Mr. Fidler l)ad been destroyed. Attorney-General. V)o you happen to know whetlier Mr. Fidler had been in charge, or lived at Brandon House, some tiuie before Fort Gibrultai was destroyed ? Jordan. I believe that belore the fort was destroyed, Mr. F^idler had lived at Brandon House. Mr. L. aherwood. Do you not know that thecolonists fired upon the half-breeds in the year 1813? Jttorneij-GeneraL If, uiy Lord, the witness is permit- ted by the Court to answer that question, I shall have to shew that in 1813, and long before that period, there had been firing upon the colonists. Chief-Justice. It appears to me to be not only irregular, but idle, to desire to go into evidence upon the subject. Enough has been shewn on either side, to prove that the object with each party was to harass the other, and in so doing, that they were in such bad blood as to be disposed almost to exterminate each other. ANTOINE LA POINTE, 5c^orw. Examined bt/ Mr. i^HU.R\\'ooD, through the Interpreter. La Pointe. I have resided fifteen years in the Indian territory. I know that Fort Gibraltar was taken by the Hudson's bay people, for I was in it when it was taken; being then, as i am now, and have been for fifteen years, in the service of the North- VV^est Company. It was a party headed by Mr. Colin Robertson who came to take it, and he is, as I believe, a servant of the Hudson's Bay Com- pany. I take him to be a servant of that Company, because he always staid at their lort. 1 was not at F'ort Gibraltar when it was pulled down, and sent to the Hud- .♦i- son's Bay fort. 1 kno\»' that before Fort Gibraltar whs taken, cannon had been placed at the Forks to prevent our people from passing up and down the river. 1 know also that Mr. Miles MacduncU gave orders to prevent the half-breeds and others from hunting buffalo*. Mr, Sherwood. Ask him, Mr. Smith, if he knows whether the Indians and I5ois-brules were contented or satisHed that they might not hunt on their own ground. (The (question heing put in French by the Interpreter^ wat answered bj/ the tditness, ** lis n'etoicnt pas trop contens," which Mr, Smith translated,) they were not overplcased : they were dissatisfied. Mr. Sherwood. That is not near so forcible an expres- sion as the one made use of bv the witness. ^ our Lord- ships will, I doubt not, notice the answers of La Pointe to my question. " Us nttoienl pas trop contens,''* a very strong and forcible expression in the Trench language, remarkably forcible; at least going the length of absolute aversion. JJut I have no doubt your Lordships will remen)ber the expression, as shewing that the order was never assented to, but, on the reverse, created great dis- content. Chief-Justice. We have been told so twenty times. L,a Pointe. 1 was not at the Frog Plains on the lyth June, but I was at Portage des Prairies when the halt- breeds set oft' to go to Frog Plains. 1 heard their orders t . , • ■i 4 '.' » ■ • ■■:1 ■•. .•.:r-". I • This order is misrepresent c took the fort, but I am not sure by vvboin. The conduct of this party, who took possession of the fort, and wounded me, was violent and outrageous, beyond any thing I ever witnessed ; so much so, that I was afraid we should be all murdered by theui ; they put pistols to our beads, and threatened to blow our brains out ; indeed ail matmer of violence and outrage was committed. I was taken to Hudson's Bay, but not as a prisoner, and from there, after stopping a long time, I was sent to England by Mr. Uo- bertson. Mr. S/terwooJ. Do you know for what reason you was sent to England ? Branconier. No, I do not; I understood it was some- thing about Mr. Cameron, but I do not know. I did not go willingly. I was liberated the moment I got to Eng- land. I never heard any thing there of any prosecution. Mr. Sherwood. Do you know any tiling about Fort Douglas having afterwards been taken ? Branconier. No; 1 was gone before that happened. The Hon. Wm. B. COLT MAN, stcom. Examined by 3Ir. Siieiiwood. Mr. Coltman. I last year proceeded into the Indian country as far as Ived River. 1 left Montreal in the month of May, at the time the traders generally proceed to the interior. The authority under which, as well as the objects for which, our journey was undertaken, (for I was accompanied by my colleague,) are pretty fully set forth in the Proclamation of His Royal Highness the Prince Regent, notifying the appointment of myself and Mr. Fletcher as Commissioners. Air. Sherxcood. In the course of your official duties, I presume, Sir, you must have had communication with the class of persons known in the Indian territories by the appellation of Bois-brules or half-breeds. Will you. Sir, be so good as to tell us what character and rank they hold in society ; whether they are considered as Indians, or as ■ti, : . ,. r ■ 'I' 1 > ■ ■ > i 1 ■-t .''J 144 ir 1 ir. m ■i . ii- :*•; I' white people; what is their disposition generally, oi what station do they fill i Mr. Coltman. I have certainly had occasion to see the half-brceds or Hois-bruies, as they are geiiorally called in that country ; but it is a question rather difiicult to answer, to what class they particularly belong. The half-breeds are of various kinds, hut all the progeny of Indian women, living with their mothers, but varying in character, informa- tion, disposition, and manners, according to the peculiar circumstances in which they may have been placed with reference to education, and numerous particulars. Some have been sent to Montreal for education, and some even to England. 1 believe these are not very far removed from white men ; but the advantages they have enjoyed are so various, that they may be considered as filling every link, from the character of pure Indians to that of cultivated men; and 1 had occasion to communicate with half-brceds of very ditVcrent classes, in the performance of my oilicial duties. 1 was accompanied to the battle-ground of the 19lh June by some of the half-breeds. I should wish, however, to be permitted to relate my design in going. An investigation into that melancholy occurrence certainly formed a leading object of my inquiries. Upon my arrival at Red lliver it appeared, from the representa- tions made by numerous persons, that great doubt existed as to who were the assailants, whilst, from every represen- tation, the degree of culpabi'ity attaching itself to different individuals, impressed my mind very differently. The information generally corresponded, though from various persons, in the accounts of the numbers that were engaged, as also of those that fell in the conflict on both sides, vh. that of the half-breed party there were about sixty or seventy on the Plains, and that one servant only was killed, whilst the party of Mr. Semple had consisted of about twenty-five or six, of whom nearly tlie whole lu^-' their lives. 1 wished very much to obtain correct information as to who were the assailants, that the degree of culpability la this unfortunate occurrence might be ascertained. Con- :*;. 145 -."s fcidcijiig it my lir.u duty to got. iiirurmaii(»n on that point, I (lid go willi ri parly of hair-bici-ds lo visit llie strcne of tiiitf iiicluiu:!iuly iillVuy. 1 ^uw ai iliat time *.\\c iniprcsiiion of faniagc'-whttls ; the impressions were faint, but I did see them, and they were pointed i)nt lo me as nmrking the route of the party on the ll)th Jiine. Mr. S/terwuod. Did any of tlie Hudson's Hay people accom{)any you to the IMains r Mr. Coltinan. Mr. NoUn and Captain dc Lorimicr, I bcheve, joined me from Tort Dongh»s. Mr. Slierwood produeed a ris«)m'r, aiid we staid together till after the lirinvi was over. •■•i ■^z\ ■V V •I - ■ Mr. Coi/r.MAN, /vy •it ■■■ ' J'l.':').', •:■ 150 mc, to be brought to Lower Canada, to answer any charges which might be brouglit against him. Mr. Sherwood. What was the character of Grant, Sir, generally, in that country ? had he a good or a bad cha- racter ? Mr. Collman. Mr. Grant was certainly a zealous par- tisan on one side, and, from his situation, it was perhaps inevitable but he should be so. Relative to the unfortu- nate disputes which existed in that country, he was very prejudiced. In other respects, according to general report, he had a very good character, as far as I ever heard. Mr. Sherxcond. Did you ever have occasion to know any thing of his conduct on the lytli June, as to whether he killed a number of persons, or was desirous of saving the lives of those who survived the battle? Mr. Collman. I heard his humanity in preventing deaths after the battle, generally spoken to. It was, as I think, spoken of in terms of praise by both parties. •■'1 ■ I !>^M. 'fc- Jh -^ • "^ ■ - 'V .*? / .. '■'* 't ■.. • MICHEL MARTIN, sxaorn. Examined by Mr. Sherwood, through the Interpreter. Martin. I was present at the battle on the 19th June, between Governor Semple and the half-breeds, i was one that came down from Portage des Prairies, having first joined Mr. Macdonell at Qui Appelle fort. Mr. Sherzcood. Did you hear any speech made by Mr. Macdonell to the Indians or half breeds, or both together, at Qui Appelle? Martin. No, I did not. I never heard any, or of any being made. Mr. Sherwood. Do you think that if any had been made, you would have heard it, or of it? Martin. Yes, certainly, I think I should. Mr. Sherwood. Do you know if theie was a Mr. Pam- brun at Fort Qui Appelle, and would not you be as likely, and have as good a chance to neur one as he would r Martin, i know that ]\lr. Parabrun was there, and think I should have been as likely to hear it as he could >M 151 have been ; but 1 did not hear any, nor do I believe that any was made. On our way we met another party of Indians, and a speech was made to them, as is usual when parties meet. Mr. Sherwood. AVas it to advise them to go to war, or to join you in going to Portage des Prairies in a war party ? Martin. I heard nothing about war. In going to Portage des Prairies I do not know what the intentions of the others were ; but I was going with provisions to carry them down to meet otlier canoes. I have heard, and I understood, that we could not pass by water, because cannon were placed on the I inks of the river to prevent us, and for that reason we went by land from Porf-.ge des Prairies. Mr. Sherzcood. At what distance did you pass Fort Douglas ? Martin. We were a good way from the fort ; so far, though we could see it, we could not distinguish people coming out of it. Mr. Sherwood. After you had passed the fort, what occurred ? Martin. As we were going down we were near the river, and being thirsty, some of us stopped, perhaps about five or six, to get a drink. I was one that went to ther'ver,and while there, I was asked by a colonist what I wanted. Mr. Sherwood. What, might not you drink at the river any more than fish? what was said to this person ? Martin. The man was asked if he would go with us to Frog Plains ; he was at work in his garden, and I took him to be a settler or colonist. Mr. Sherzcood. Had you any disposition to hurt the Settlement.'' Martin. There was not any, not the least. Mr. Sherzcood. When did you first see the armed party .'' Martin. We were about a mile and a half, or half a " ■ ■ V'V' I ... I tl Si I 'V • 1 ' :5 .'i; ■ 11 • '( ■ ( •t:;-^-.v. ^i^■ Tri-: i! *, V i ,'••., t.-*' I: 15*> league, from them when I first saw them, and they gave a shout of joy directly, and immediately after I heard a report of a gun from their party. Tlioscof us who had been down to tlie river to (hink, continued on their route towards Frog Plains, and the English Governor Semple and his party pursued us. When we found ourselves pursued by Mr. Semple's party, we sent one or two that were with us for- ward to the Frog Plains, to inform the others that we were pursued, and the Bois-brules returned, and I saw one of my party going to speak to Governor Semple's party. I was not quite close to where he was, so that I did not then know who he was. I presently heard a report of a gun, and immediately after they (the English) fired another. As soon as the second gun was fired, I saw Boucher, the pri- soner, fall iVom his horse. I thought that he was killed. At tlie tl ird gun all the guns fired ; after the volley I beard that one of our people was killed. I did not see him then, but afterwards I saw his body. It was one Batoche, a half- breed; the battle continued for about half an hour after- wards, and then stopped. I saw an Indian kill Governor Semple, known by tlie nan ) of Eils de la Corneille (son of the Crow). Mr. Sherwood. Was he esteemed a bad Indian ? Martin. Indian. I do not know that he was thought a bad l'-'^' Cross-examined by the Attorney-General. Attorney •General. You think it impossible that a speech should have been made at the party starting, because you did not hear it ? Martin. I think, if one had been made, I must have heard it. AiLorney-General. When Mr. Macdonell set off with you, did you hear any speech made to the half-breeds and Indians P Martin, Mr. Macdonell did make a speech to some Indians we met, but I do not think any was made to the Bois-brules. I did not hear any, I am sure. 153 Jttornet/'General. Do you know if any were killed after the battle, that were only wounded in it, Governor Semple, or any other i Martin. I do not know if any wounded were killed after the battle. Mr. Sample was wounded and killed in the beginning of the battle. (The question being repeated^ the witness gave the tame answer.) Attorney-General. Did you have any share of the plunder f Martin. I did not take any. Attornet/'General. You know plunder was taken, I suppose, and that the people were sent away ? Martin, I saw an inventory making of the things at the fort, and I know the people went away, but I do not know that they were sent away. jittornej/'General, Do you know they were not sent? Martin. I was at the Forks, where I went after the battle, and remained there two days ; and when I returned to the fort, I found they were gone. Attorney'General. How many did your party con- sist of? Martin. There were forty, more or less, of the Bois- brules. Attorney-General, Where were Governor Sem pie's people at the commencement of the battle? were they together or dispersed ? Martin, At the beginning of the battle, Mr. Semple's people were collected together; when I first saw them, they were in ranks marching. Attorney-General, Can you say what passed between Governor Semple and Boucher at the time of the chal- lenge i Martin, From the distance at which I was, I cannot. Attorney'General. How did the firing begin ? Martin. A little moment after hearing the second gun, 1 saw Boucher fall from his horse; it was just after the second gun, and I am positive they both came from the ranks of the English. Attorney-General. How do you know that ? . t . • :*< ''*^t^ '■' ^a-'f ■•■■■ . i I ' 'v . ' J.' * \l '" «/ ' I . ? . ■ .- . -i 1 ■I 1 ' }j • 4.'.-. ^y^^' Im> ' A •; J'^- .(.; '■'1 »',"> t ■ •f. ''•> ,/ '■ ; It '■^mi ■:!^' ', ^' '■^ . ■my ^ ■ . . , ■■• • •> . ..**-■' . * ■ "■ ' ;■■';,• 154 Martin. The smoke and the report came from the English, I am sure. Attorney-General. Did you see Paul Brown at the battle ? Martin. No, I did not. Attorney-General. Do you know of any more thjNn Batoche being killed? Martin, No, I know but of him on our side. JOSEPH LORAIN, morn. Examined hy Mr. Sherwood, by the Interpreter. Lorain. I went down with the people from Portage des Praiiies to Frog Plains before the battle. Our instructions were to conduct provisions, and I drove a cart loaded with provisions. Mr, Sherwood. ^Vas it your intention to pass Fort Douglas, and avoid difficulty? Lorain. It was from the first, and we did pass as far from it as we could ; the swamps would not allow us to go farther. Mr. Sherzeood- Was there any intention to injure the colonists ? Lorain. There was not any; we passed the fou with- out any hindrance. Mr, Sherwood. Did you see Mr. Semple and his party come out of the fort i Lorain, We had got too far by, to see them come out, but I saw them afterwards. 3Ir. Sherwood. Do you know which party fired first? Lorain. 1 do not, for I was not in the battle myself. Mr. Sherzcood. Do you know, or believe, of any injury being done to them before the battle ? Lorain. I do not, nor do 1 believe any injury was done to them before the battle. Mr. Sherwood, Why did you not go by wator? Lorain. I understood before parting, that if we went by water, our party were to be fired upon from Fort Douglas, and we were afraid to go by water for that reason. 155 Cross-examined h?/ the ATTonNET-OENEnAL. Attorney-Gencrah W'\\Qxe was you during the battle? Loraiu. I was at IVog Plains, and did not go away from there till after the battle. jittorney-Gencral. Did you never hear Ciithbert Grant speak of an intended attack upon Tort Douglas or the Settlement ? Lorain. I never did hear Grant speak of it. Solicitor-Central , AA'here was j'ou when the firing began i Lorain. I was at the Frog Plains when the firing began. Solicitor-General. Who was there with you? Lorain. Bellegarde was there, and Paul Brown, but I was not with Paul Brown, 1 was under my cart. Brown and Bellegarde were together. Bellegarde came there before Brown. .'•'^' 1 t '.' > ,,7 '■.' ' /■ ;. * - '. V >' ■■v.. ■ V *. .V y, ■ '■•••■■■•.■ i ALEXIS BERCIER, svorn. Examined by Mr. Sherwood, bj/the Inte.rprclcr. Bercier. I was below the Frog Plains on the day of ilie battle ; when I heard the tiring, i came to the Frog Plains, and on coming there I saw Paul Brown. He was not in the battle : he was engaged with his horse when I came. Ducliarme was with me ; we continued there till the firing had ceased. il/r. Sherwood. And it is from these circumstances you undertake to say Paul Brown was not in the battle ? Bercier. It is; he was not there. Cross-examined oj/ the Attokney-General. Atlornej/'General . Dio you see any armed men at the Frog Plains before the battle ? Bercier. I did not. I do not know of any person being made prisoner before the battle. I saw one person lying down. I do not know that he was a prisoner ; there were no Bois-brules with him. Attornet/'General. How many Bois-brules did you see? 'i' 156 ;-!?c ■.■■ ,' I" .•^ .. • ;. * ■ ■.!■.' ■'•I.; ' '/;r si;^v.: ^:.,rf'^ ^^v • ;■.■■* , ■• ' Bercier. I saw only tvro, and them I saw at the Frog Plains. When I heard the rest were coining, I got on my horse and went away. Attorney-General. Had you any conversation with Cuthbeit Grant or Paul Brown ? Bercier. I had not with either of them there; next day I was at the fort with fish, and I gave Brown some. Attorney-General. How did Brown come to Frog Plains? Bercier. Brown came there in a cart, and it was the only one I saw there. WINIFRED M'NOLTY, sworn. Examined hy Mr. Siibrwood. Mrs. M^Nolty. I was near the fort on the day of the battle. My husband was a servant to the Hudson's Bay Company for a year, for his passage, and then a settler at the colony. 1 saw Governor Semple's party go out of the fort armed with guns. I guess there were fifteen to twenty of them. The guns had bayonets. I had occasion to speak with Holte before they came, and often \after^ with Heden. Mr. Holte said, if the half-breeds came, who were hourly expected, they would have their pemi- can or their lives. He said, if they did not give up their pemican, they would take their lives. The party went out, as if they were going to battle. Michael Heden and Michael Kilkenny said, on their return from the field of battle, that they could not blame the half-breeds. They said, " we cannot blame the half-breeds, we fired first, and " if we had got the better, we would have served the " half-breeds the same." They both said so. Mr. Sherwood. Is Michael Heden, whom you speak of, the man who has been examined here as a witness ? Mrs. M^Nolty. Jt is the sat.^e person*. <^:', '-■ * It is one of the fundamental principles of English jiulicatnre, that every offence should be brought to trial in the same vicinity in which it took place : and the reason assigned for this is chiefly because tlie cha- .< ;• 167 Cross-examined by the Attorney-Grnrral. JUorney-Gefieral. Did you hear the half-breeds say why they drove away the settlers ? Mrs. M^Noltj/, 1 have heard some of the half-breeds ractera of the diflferent witnesses, and the credit due to each, will be best appreciat«;d by a Jury of the neighbourhood. This principle is entirely violated by the Canada Jurisdiction Act, by which the trials here reported, were brought away to the distance of many thousand miles from the residence of the parties and witnesses. It is a natural cunsequcnc« of such an arrangement that the evidence of the most distinct, consistent, and respectable witnesses may be discredited on the testimony of persons of infamous cliaracter. Hugh Bennerman, who is here brought forward to discredit Heden's evidence, left Scotland, at the oxpense of his parents, for the express purpose of preparing a habitation for them, and of plant* ing a crop for their use, so that when they should arrive the ensuing year at Red River, they should find the means of subsistence ready for them. Instead of attending to this duty, Bennerman attached himself to the North-West Company, more anxious to participate in Mr. D. Cameron's donations of rum and shrub, than to provide for the wants of his relations. He was one of the foremost in all the aggressions committed by the parti- sans of the North-West Company, against those of the settlers, who did not choose to join in their measures, not only neglecting his own allotment of land, but preventing others who were well disposed, from cultivating theirs ; exerting himself in this manner to create a famine in the Settlement where his aged parents, and his infant brothers and sisters were to his knowledge in the ensuing winter to seek an asylum ; and when he had seen the place laid waste, made his escape in the canoes of the North-West Company, leaving his parents to struggle as they best could through the difficulties, which he had assisted in bringing about. TVIrs. Winifred M'Nolty is the wife an Irish labourer, upon whose testimony no one who knew the parties would rely in opposition to Heden's. In her cross-examination on the subsequent trial of Brown for robbery, she acknowledges her malice against Heden, on account of her belief, that the latter had charged her before Governor Rlacdoncll, with stealiKg some articles out of the stores of the Settlement. It was evidently of the first importance to the prisoners, to shake if possible the credit of so material a witness as Heden. Had it been competent to the Crown lawyers to support his character, they might easily have pro- duced satisfactory testimony of the uniform propriety of his conduct for a number of years. IMr. Miles Macdoncll, Mr. Pritcliard, Mr. Bourke, Mr. Panibrun, Mr. Forrest, and others who were on tiic spot, were all wt!l acquainted with Heden, and might have been produred to attist his cha- racter. Their testimony would certainly have outweighed very far, that by which it was attempted to throw discredit on Hed«n's evidence. • \*. .. ■«. "r ■■'.■ •rM • .•■' -I ■ * rr*. '. •*• "t ■■ >• •:■ .<•■ ' i ' .;.-M '< ■ .i'i 1:^ ^.f. r. : 1 - . 1 I. if^y ■'>• :!>•■;■ •Jv' . ? ■ ^ • • ■'it\.'' • .•'(> 158 say tboy did not want to drivo away any who would live peaceably, and not take arms against tlicni. HUGH BENNEIUIAN, morn. Examined bf/ Mr. Livius SHKUwoon. Bennerman, I know Michael Ileden, and liave asked him who iiied first. I asked him in July last, and he said, " We fired first, and they are murdering lirown and Bou- " cher, by keeping ihem in gaol." Cross-examined hi/ the SoMciTOR-OF.NEnAi,. Solicitor -General. Where did he tell you this ? Bennerman. It was in this town, and he sent me for Mr. M'Kenzie, saying that he would tell the truth now. Solicitor-General. Pray, Sir, what are you ? Bennerman. 1 was formerly a settler at Red River. Solicitor-General. Was you not a servant to the Earl of Selkirk ? Bennerman. I was not; I came out as a settler, and not as a servant. The lion. WILLIAM M'CHLLIVUAY, «m«. Examined l>ij Mr. Sherwood. ]\Ir. Sherwood. Do you, Sir, know Paul Brown, the pri- soner at the bar ? Mr. AVGilUvray. Yes, I do ; he is in the service of the Korth-West Company. Mr. Sherwood. Has he been so, Sir, for some time, so as to enable you to know his character ? Mr. M'Gillivraj/. He has for some years; he has always conducted himself as an honest man, and a faithful servant. 1 have always heard him spoken well of*. • A man may be a good ami faithful servant to the Noith-West Comp;i and even hone.st, as far as respects the propeity of his employers, and be a worthless character, according to the ordinary estimation of the civi- lized world. Ill the year 1806, Paul Brown was engaged with five other ;»ny, yet 151) Mr, Sheruood, Do you know the other prisoner, Frnn- <^ois Virmiii Boucher ? Mr. M^Gillivray. Boucher is a young mnn, nnd has not heen long in the service of the Company, but has acted well ; his reputation is good. Mr. Shericood. Is not his fatlier a respectable man in Montreal — a freeholder ? Mr. M'GUUtray, He is a man of good reputation. .;■»«■ men, in robbing a liousc belonging to tlic Hndson's Bay Company of fiii-M, to tbc value of several hundred pounds, which furs this Mr. M'Gillivray, who bears testimony to Brown's rharacter, received (we must suppose in ignorance) at Fort William, where they were niixe to 100*, or thereabouts, of longitude. I premise by stating this to you, and also mention, that there is no further evidence to satisfy you of your jurisdiction. Having thus premised, 1 shall proceed, leaving the remainder of my remarks on this part ov the subject, till I have detailed to you, as nearly as I can recollect it, and I believe that will be with tolerable correctness, the very extraordinary evidence which has been adduced on this very important trial, and which, from the peculiarity of the circumstances of the case, has branched out, and exhibited a series of evidence, such as I believe never before was produced, or allowed, in a Court of Justice, upon a direct charge of murder ; but the nature of the Charge and of the Defence, perhaps ...:i;- 161 rendered it unavoidable. 'Y\\v evidence altogether, how- ever, amounts to thii. Here are two Trudiug Coui|)anit's, carrying on a cspriii<,' of the llui! on'- Hay Couipany's servants, com- monly called Eimlisii hall-breeds, ar(; ipule distinct from tlie Irencii half- breeds, belonfi;ing to the Ndrth-W est Company, and hold very little intercourse vvitli tliat class of people. The party in qu"stion were entirely of the latter uescriplion, and all of tiiem in the iiumudiate service and pay of the North- "West Company. V « . • ""•I .'t •i ■, V.-. .■ X Kj; , , ^■' It i 'f.- H': iv \'> i .J ' t-r v.- . ■ 1 •V ■')'. 102 they passed by the fori, and went on towaiiU tlic river. When tliry were first seen, notice whs given hy a man from a watch-tower, a wiiteh having hien constantly kept for some time, in const(|uence of their apprelien^ions, raised by the re|)orts that prevailed. These persons, tlie iialf-breeils, did not pans (juitc neur the fort, nor so far from it as to pass tiie Settlement, which continued for a sfmce of two or three miles. M i<;hael Heden, the first witness on the |)art oi the Clrown, gives this account of the circun)stanee. He begins his evidence by stating that lie was a blacksmith, and resich'd in the year IHIfi at the lied Uiver Settlement; that he had lived there three or four years previous to the monthof June in that yi'ar,and was there on the day on which the Indictment alhges the ofience to have been committed, lie goes on to depose, that he knew Mr. Semple, usually known by ihem as Governor Semple ; that the Settlement was warned by the free men and Indians, as early as March, that an attack was intended to be made during the summer, to destroy the Settlement. I'ort Douglas, the residence of Governor [Mr.] Semple, he describes to be on the Red Kiver, and the Settlement below it, some little distance, and extend- ing from a quarter of a mile to three miles. In conse- quence of the warning which they had received, a look- out was constantly kept, and on the l-:^.;>' ; f ■;,;■ , * .-•. ^ .••■ ■ » a .1 . rr-M 166 '■■\ , < '.f ■''.«,•.■<■ t-i' ,i"' .'■?'■• MS •>' '• V-- ''.'■■■!.■. - ! :* '-■.W'l-i ^-^-br "7 ' Brown, one of the prisoners before you, was also there; that, altogether, the party at Fort Qui Appelle amounted to fifty or sixty. He was detained four or five days at the fort, and during that time heard one Francois Deschamps say that they would go down and destroy the colony. At Brandon House he heard Boucher, the other prisoner, say, that he was glad their men had been taken ; and when witness said there was a good many more at the colony, Boucher answered, ^that they would destroy the Settlement. Next day they proceeded to the Settlement, and learned that they expected to be attacked, and were armed to defend themselves. On the 19th June, the day on which the Indictment cliarges the offence to have been committed, the watch which had been kept up since they received warning, gave notice of a party coming down towards the Settlement : T/ie Governor [Mr. Sempie^ looked through a spy-glass, and then called for twenty men to accompany him, and see what they were coming for. They accordingly took their arms and went out, and were shortly after partly surrounded b}'^ two parties of half-breeds and Indians, who were general 'v painted. He swears that he saw Grant, and many others whom he knew ; that some had bows and arrows, some spears, and some guns. Mr. Semple halted them to see what the others would do, and he saw Boucher come up to the Governor [Mr. Semp/e], and some words passed between them, but he did not understand what they were, but he saw the Governor [Mr. Semp/e'] take hold of the bridle of Boucher's horse, and of the butt of his gun, upon which, he says, Boucher sprung oil" his horse, and he (witness) heard two shots, nearly one after the other, one of which killed a Mr. Holte belonging to their party, and the other Governor [M/.] Semp/e, who, on receiving his wound, called out to his people to do the best that they could forlhemsrlves. That he heard other shots, and saw, very ^ln)rlly after, that most of his people had fallen. That he was fired at himself as he retreated. That he saw one down who had been wounded, crying for mercy, and upon seeing his body the next day, he observed that his head had been cut. The party he described as :;:*;■;.; ^t-;':; 167 being French, half-breeds, and Indians, and headed by Cuthbert Grant, but that he does not know whether Grant fired or not. Many of the half-breeds were painted, which he states is not connnon ; a point in which you will recol- lect that lie is contradicted by other testimony, lie deposed also, that he remained that night at Fort Douglas, and that he saw Francois Finn in Boucher at the fort on the next day, with the party, of whom he knew Fraser, Grant, Brown, and others; that he heard Brown ask for Michael Heden, and say that he would kill him ; that he saw Governor [il/r.] Semple fall, and that he was wounded in the thigh and in the arm; and that, on being wounded, he put his hand to his head, and told his people to take care of themselves. He stated that five of the colonists had been made prisoners by the half-breed party before the battle. He thinks the gun which killed Mr. Holte was not discharged by his own party ; and you recollect, Gentlemen, that lie assigned his reason for thinking so, namely, that the gun by which Mr. Holte was killed was not fired near him ; and that, if it had been fired by any of his own party, he should have heard the sound nearer. He also says, that he saw no firing from his own party, except on the retreat by one man ; and he at the same time was pursued by a half-breed on horseback, armed with a spear. He says that F"ort Gibraltar was taken by the Hudson's Bay people, and also, that pemican was taken by them from the North-West Company. These answers, you will perceive, were given during his examination by the counsel for the prisoner. He continues, that he knows Mr. Miles Macdonell, and knows also, that a Proclama- tion from him was read, but that he himself reads very little, and not enough to understand the Proclamation. He knows that two or three boat-loads of pemican were taken, in consequence of that Proclamation ; and in reply to a question put to him to ascertain the time, he admits that they were taken before the JSorth-VVest people had taken any from them ; for you cannot but have observed, Gentle- men, that both parties have committed similar outrages upon each other: but upon that subject I shall address -J. •.■• \ ^■'^••: •I «.l 't. ■ ■ ■:. ■■'«.•■. ^X v.-, 1- ■ .''■' ■ . '., ' ■^,' ■>::-'' .; ::F ''.V ■■ »"?•-.!;' - ■•*< ■ :■ -'if- '1:; ■,-^ I, ' . W.:' 168 you presently. He continues by stating, tiiat there was cannon at Fort Douglas, and that before that time, the North-West people had been in the habit of j^^oing down the Red River with provisions, and that the half-breeds, on the 19th June, had provisions with them in carts; that when they were first seen, they were not coming tovvatds the fort, but going towards the Settlement. Mr. Semplc, he says, took hold of Boucher's gun, before which they were talking together, and that he did not see Boucher as- sail* Mi- ^emple. He admits that he himself lired at a man, but in vindication, says he was pursuing the witness with an intention to kill him. Bourke, he says, went to Fort Douglas for a cannon, by order of Mr. Semple. This cannon, it appears, was sent for under an impression that the haW-breeds had cannon with them, but it does not appear that it had reached the battle-ground. Being asked relative to the nature of the Settlement, he states that there were about forty to fifty settlers near the fort, that they were farmers, and had raised wheat and potatoes on their farms, which had ripened and been gathered. The next witness is John P. Bourke, who states that he also was at this Settlement in I8IG; and 'vithout troubling you with the whole of his evidence, it is sudicient that he confirms, in every particular, the report tiiat they were to be attacked, and the other circumstances, up to the time of Mr. Semple's sending for the cannon from Fort Douglas ; and he was the person, he states, who went for it, and that, on returning, he saw a fiash of a gun from a circle, partly formed round Mr. Semple. He goes on to say, that he afterwards heard a great many shots ; he went on, and saw a number of horses, f»uarded by some men, and proceeding on, he saw some men on their knees in the bushes with arms; that they called to him to come to Mr. Seujple, askina: him if lie would not come to his Governor, but that fortunately he did not go, as they fired at him. Near where he left Mr. Semple, he s;uv a man kneeling, in his shirt, with a handkercluef round his head, present his piece at witness, and tiring it at him, the witness was wounded. He saw the two prisoners after the battle, at ■:i-i.^' "g ith 169 the fort. Being asked as to tlie nature of" the report of which he had spoken in a former part of his evidence, he rephed, that the report was, that the North-West were assemhiing the half-breeds from all quarters at Qui Appelle, under Alexander Macdonell. Being cross-examined, he states himself to have been a clerk in the Hudson's Bay service since the year 1812, and in tliat of the Earl of Selkirk ; has heard it reported that Earl Selkirk was a Partner in the Hudson's Bay Company, and does not know the contrary. He obeyed Mr. Semple as Governor, holding authority from the Hudson'^ Bay Company. Witness said that he knew Mr. Miles Macdonell, and haying seen him write, that he believed the signature to a Proclamation shewn to him to be tiie hand-writing of Mr. Macdonell. You will recollect. Gentlemen, that to the reading of this Proclamation, Mr. Attorney-General ob- jected at the time, but the counsel for the prisoners satis- fied the Court that it was admissible evidence, upon the grounds which they stated they produced it for, namely, as the foundation for an uninterrupted chain of aggressions, which continued from the date of this Proclamation, down to the very hour in which this unhappy battle took place ; and tliereby they contended they should do away the charge of murder altogeiher, by shewing that these continued and uninterrupted provocations, kept the minds of the persons engaged in this deplorable contest, in that state of aggra- vated excitement, that, if they failed in proving that the nie- lancholy result was produced in self-defence, and therefore justifiable, yet the circumstances would acquit the prisoners of malice prepense, and therefore reduce the killing to man- slaughter*. I conceive that you will not think it neces- M ; ■ S ■J*i ■■■•;::■■'■■> :■■ ... . - /'?■ . ' ■ vi.;, .•■.:■ •. '^\- .. '|v-:--w. }\ .; 'v!t i:,v -:; ■'■:*{■ -V« ~ \\'\ s ( ■.« :---^='^^:'' :% lis lis as at * Tlte position admitted by the Court on this trial, as we collect it both from this passage and from the various ub.servations of the Judges in the course of the trial taken together, is this. Two parties of armed men meet : a person from one of the parties rides up to the leader of the other, and l)y insulting language provokes a trivial assault. Upon tins the party (to which the person who has received the assault bel()ug.s) tire upon and massacre all the otaer party. In this ca.se, for the purpose of reducing the ofl'ence to manslaughter, evidence is au.iiitted, rt spectingajrgressiousi com- Z 't' '•:^'y ■'■•; 170 sary tliat ll)e Proclamation sliould be read to yon again. You will remember tbat it assumed an authority over that part of the country, and under it, or by virtue thereof, for- bade the purchase oi' meat killed there, or of other produce of the country, j)roeured, or raised, within the territory, for the pur[)ose of being taken out. IVIielhtr litis Proclaina- tiun ic/is legally issued or nut, is not a question for you. The effect of the Proclamation was to produce, according to tlie witn(}sses, discontent amonir the half-breeds and Indians. This witness (Bourke) continues his evidence. ■ ,1 'llf-f ■ '•■■.'; ♦. • if-' ^' i**! ■■■* 1 ;r.'» .• ■ft-*:. ■,»■ I" 1 1 "i\ ■;,i-'.f. mittcil, not by tlio persons wlio were slaujjhtpicd, but by ofliors who li;id toimeiiy ociiiiiiicd tlie same situation, without any i)ioof that the persons who conunittcd the lioinicido hud individually leceivtMl any provocation on these former ocoasions, but merely that the |)roperty ot" their emi)loyfrb; had been invaded, inider circinnstances which would iiave atl'orded them ample opportunities of obtaiuini; lcw the passions to cool, and thus reduce the killini^ to manslaughter. It cannot be necessary to comment on this enormous position, or to point out tlie extravagant manner in which it distorts the whole jirincipies of the law of homicide. That irritation, which the law of England admits as a paUiation of homitride, is universally spoken of by the most distinguished law writers under the appellation of " brcvis furor," a momentary phrenzy inconsistent with the intervention of a night's sleep or any return of reason or composure. Tres,) isses against property, however recent, are not suf- ficient causes in the eye of the law to excite it, and the indulgence with which it is regarded in cases of personal injuries is founded on the maxim that no subsequent compensation can requite an injury to the person, (Lord Bacon' ti JVIaxims). The law therefore regards with compassion those sndden transports of indignation with which personal injuries inflame the mind, but it does not justify a man acting under the influence of such an irritation in transferring his vengeance from the person who has ofl'ended him or his friends, to other individuals connected, however intimately, with that person, lint admitting that the justification pleaded by the prisoners were legally admis.«ible, it (surely ought not to have been touched upon in the Chief-Justice's Charge to the Jury, unless to point out to them, that it was completely unsupported by the facts in evidence, that instead of a connected series of aggressions continued without interruption " down to " the very hour, in which thi.s unhappy battle took place," some insulated instances liad been adduced in evidence, most of which had occurred at the distance of years, and the la^t nearly a month before the homicide under trial. •ai*^'^^ 171 (you will rt'c'ollf'ct that he is now beiiiiij cross-questioned,) by saying thai he had heard of the takino; of peuiican by the Ihulson's Hay Couipany's servants; that Michael Hedcn, the former witness, was, as he behevcs, at the taking of Fort (libraltar, and that he (witness) saw the materials of that fort, as he believed, brought down in raffs to Fort Douglas, in the latter end of May of the year IBlG. IJe says also, that (lovertior [/Ur.] Seniple and iiis j)eople went out to protect the settlers; and he adds, that if they had been in the fort, he does not think that they would have gone out. Their apprehension of being attacked arose from reported threats of an attack upon the settlers being intended, and also from their having been driven away the last year; and after the I9th June, the half- breeds did drive away the settlers who were then in their power. In answer to a question from tlie Crown officers, he scid that the half-breeds could have escaped from any pursuit by the Hudson's Hay people, they being on horse- back, and that without abandoning their carts, as the road was a plain. Hugh M'Lean, another witness on the part of the pro- secution, also resided in 1816 at Fort Douglas; he con- firms the preceding witnesses, relative to the reports of an intended attack upon the colony, and that upon the 19th June, he saw the half-breeds making towards the houses of my Lord Selkirk ; upon Avhich Mr. Semple went out with aboil L twent}' men ; the Brules, he represents, as being seen from a spot near the fort, at about a mile, or a mile and a half distance, coming towards the woods, which were above the Settlement, and between it and the fort; that he went into the fort, and remained there till Bourke came for tlie cannon; he went with him and drove the cart for about a mile ; when, at a distance of about half a mile farther, he saw a number of men on horseback, riding anio'^g Governor [Mr.] Semple's people, upon which, by Hourke's direc.'tion, he returned with the carnion to the fort. He states that he found Bourke afterwards at the place where he had left him when he returned with the camion, and tiiat he was wounded; at this moment four or '^' I ",-: -v. 'y ■ * •^♦■. . '■' » |, . ii .■ >^^ '"'■ -'Ik:'. . ;> ■ • ' . ■■ ■ ' I • '-» ■'. ' V i, ^ -, . ' c .7 * ■'. ) ' ■ '! A 'i \ «:•■••'. --I. • • *■ ■. " ' I . &- ■ Mi /:'••■ ■ 11. . , v.-.,*,, '•^.':5^y';. '*; ■ n ■ J .' •■V '■ • •1 »'. ■'..' •••r •,;-'..•■.■ •V Ti-. ■f ;■, ■■ \n five men cniiie up, who advised him lo rotuni back, which he did, several persons firing at them ; being asked if lie knew any of them, he answered that he did not. He men- tioned that the Frog Plains were two or three miles below the fort. A large party, he stated, came to the fort the day following, and amongst them Cnthbert Grant, whom be then knew for the first time, / think he said. He also gave evidence of seeing a number of dead bodies, on the day following, and among them that of Mr. Semple; that one of his arms were broken, and one of his thighs, and it appeared that a ball had passed through his throat and head. He closed his examination in chief by saying, that he saw the prisoner Boucher also at the fort, on the next day, with Cuthbert Grant. In answer to the cross-ques- tions, he said that it was Mr. Macdonell who bid him go with the cannon ; but he added, that he had no ammunition, nor any orders to fire; that the colonists were plundered of some of their goods by the half-breeds after the battle, but were none of them murdered, though completely in their power. Patrick Corcoran, another witness, introduces his testi- mony in the same w ay, stating that he was at Fort Douglas in 1810. In the spring of that year he went with a party to Qui Appeile, and on his return he was made a prisoner, and carried back to the North- West fort, where it was the general talk that the Settlement was to be attacked. There were not many Indians there; but a good number of half- breeds, some of whom told him of the intended attack. Pangman, or Bostonois, was at Qui Appeile, also Cuth- bert Grant. Witness related these conversations when he returned to Fort Douglas, and that he had heard Cuthbert Grant say that they were going down to visit Mr. Robert- son, who should see what they could do. On the 19th June he was at Fort Douglas, not in the battle, but in the fort; he saw the party go out with Mr. Semple, and the settlers and women come crying. On the next day he saw some half-breeds come to the fort, and he saw both the prisoners there; he also saw the corpse of Governor Semple; and Cuthbert Grant, lie also states, he saw ut the fort. 173 Being ctuss-cxmnineil, lie says ihat il was in the luoiilli of May 1810, that he was ut Qui Appclle, which lie describes as about four hundred miles IVom Fort Douglas. He has been seven years in the Hudson's Bay Company's service ; he saw Fort Gibraltar after it was taken, and the materials brought down to F'ort Douglas. When they said they were going to visit Robertson, they alluded to the circumstance of Robertson having taken Fort dibrallar from the North- West Company. Robertson was in the service of the Hudson's Bay Company, and as witness thinks, was under the orders of Mr. SJemple, by whose orders witness himself went to Qui Appelle. He says that he does not know, nor did lie ever hear, that cannon were planted on the banks of the river, to prevent the Nortli- West people from going down. He also said, that he had heard that the North- West people went down to within about a day's journey from the fort in canoes, when they disembarked, and pursued their route by land. He swore that he himself had told them at Qui Appelle, that Mr. Robertson would not stop any persons passing quietly down or up that river. The next witness is Mr. P. C. Pambrun; but. Gen- tlemen, I consider it unnecessary that the testimony should be read further to you, as you will doubtless remember its general tenor, and its very contradictory nature. In- deed the state of my eyes* does not permit me to read by candle-light, but I am satisfied you will remember its general tendency, and the particular points shall be adverted to by me in the course of my observations. The testimony on the one side and on the other, is almost all from the servants of the contending parties, and diirers in almost ',M ■ \^ v^ ■:a.- ■I. .11 -m ■•' 1 • It was singularly unfortunate, that the learned Judge's eye-sight should have failed him at the inonent when he was coming to the most important and decisive part of the evidence for the prosecution. It is also very unfortunate that he should have been prevented from noticing in detail the evidence brought forward on the Defence, and pointing out to the Jury what parts of it were relevant. i •■••{■ • ;•• 'Mt ■ •^•»: % 1 ■ 1»' . ■ \ .... ■iV'-^ ■5' ^^.•% fl-.ir^ ^A : :.:■ !«■•' . .'i" i^"-'^",v: ';•■• ',.>;• ■.»;«:•'• iiv'^r •• -.ii ;->; .;tj; 174 (>veiy inatt'iial fact. 'I'lie vny lirat wliicli prosciits itself \a, who fired lirst f One swcnis ])CitMM|il()nIy that it came i'roin the liall-bieeds, and i^ives you his reasons lor so swearing ; also proving, as far as his testimony can prove it, that, by this shot, and another iVoin the same party whieh instantaneously followed, a Mr. llolte and Mr. Seniple were killed. On tlu- other hand, it has been sworn to with e(]ual positiveness, that when they saw each other ill the iield, Boucher, one of the prisoners, from his speak- ing some l:lnglish, was sent from the party of hall-breeds to inijuire what the Hudson's Hay people, or settlers, wanted; and they say positively, that the English, or Governor Scmple's party, fired first*. * The eviileiicc as to the fact whicli party fired first, seems to be very hii|ttM(((tly stilted by the learned Jiidye. His aecuuiit <;iveii to tlie Jury is, tiiat " one" says tlie half-breeds fired first, and " they" say fJovernor Seniple's party fired first. Tlic only evidence on this point produced by tlie counsel for the prisoners is that of Martin, who said " the smoke aud " report of the first and second gun caiue from the J'.nglish he was sure." 'I'liere arc four witnesses who speak to the fact on Uie part of the i)roseeu- tion. lledcn«ays, that the first «Jiots came from about the centre of the half-Hioon formed by the party Mho were attackinc; (jovcrnor Semple ; he saw the smoke and could not be mistaken, and that he heard (Jovernor Semple repeatedly tell his people not to fire. JNl'lvay says Jioucher got otf his horse, and as soon as he was otV, he heard a shot and saw Mr. llolte die, and innnediately after heard another shot, and Ciovei nor Semple was killed innnediately after Mr. Holte ; for two shots went otf directly after one another, by one of which (the first) Mr. llolte fell, and by the otijer Mr. .Semple, who innnediately called out to his people to do what they could to take care of themselves. He did nor hear, nor did he l)elieve that any of his party fired befi)re Mr. Holte and (lovernor Semide fell. IJourke said thai he saw tlie Hash of a mm, and immediately after another, and presently after I saw a general firing alonjj the whole line of horsemen. J'ritehard s• * ' ' ' ■■'■< ■ ',» .r '" '■"'',. ,. ••, '•■• • :-;^.'i .4' . , ';■'< t- \- ■I ^.■-.. V ■■ . !. . 1 • « !hJ^ A^^ »■•:■'.•■■•■■ ^ ir.': 'V- I7r» those Wi'sfprn trnitorics ; wli.'it con'Jtitutos imirdfi hert*, const i tuti's imirdtT tlu'ic; ninl tlic oHViico is to be n«cci- tainod in the same way, ami if convicted of any otVonce, then the olVender is to receive tlje same |>iinisliinent, as it' commitied here, in the Home Disliiet. Tljcn, CJcntlemen, you are called upon to consider this a crime charged against the prisoners, (though committed neither in the Provinces of Upper or Lower Canada, and without the limits of any civilized government of the United States of America,) in precisely the same manner as though it had been committed actually within tiie Home District. The first point to sa- tisfy yourselves upon will be, that the persons charged arc in fact killed. Upon that part of tlie subject you can, I imagine, entertain no doubt. Various witnesses detail to you that they sow the corpses, and assisted in burying them. There can then be no reasonable doubt of the ho- micide having been conimitted, indeed none at all. The next consideration will be, by wliom was it perpetrated, and with regard to the prisoners, how they are severally airecled by the evidence produced on both sides, llelative to Paul Brown, there appears, I thinl<, no evidence against him, but that which arises fiom his own folly on the next day, as de- tailed in the testimony given by AJichael Uedcn, the lirst witness examined on the part of the prosecution : he swears, you will lemember, that on that day Brown came into his tent, and presented a pistol at him, saying in the Crec language, " thnt he had killed six Englishmen, and that he " should be tl e seveuth ;" and witness says, that he did suppose that he meant in the affray the day before. Ex- cepting this witness, there is none, I think, that gives any testimony affecting Brown ; whilst, on the other hand, it is sworti positively, by witnesses who were in company with him at the time of the firing, that he was not in the battle. 1 think, from the unsuspicious evidence of the Canadian who was examined (Ducharme), it is manifest that he went below the scene of action, fur that witness states, that he himself was encamped a short distance below the Frbg Plains, and that, on hearing the first firing, he went up, and saw Brown, who had just arrived with lh(; cart of provisions 177 of which he had charge ; a circumitance which would be likely to keep him away tVoin the battle. Indeed there nrc two who «w(>ar positively, that he was not on the battle- qrouiul ; juul there; is only one circumstance, (which cer- tainly, if yon credit the witness, art)8e entirely iVoin him- self), that makes against lirown, namely, what passed in Heilen's tent. No one swearing that they saw him on the ground at the timeol' the hatile,an(l two shewing a positive alibi, I thirdx you will have no diflieulty in saying, (as I think it [)errcctly clear), that the prisoner, I'aul Ihown, was not on the grounrl at the time of the battle, and conse- (piently could not have per|)etraled the crime*. With re- * The C'liief-Jiislicc here (Iniws an infermce, which tlocs not apppcar to be i'(insi>ti'nt ^^itll tlic principlos l^iid dnvvii hy tlie hi^licst li'^'al autho- rities. In I'ostei's Crown 1-aw, U4'J, wt! tlnil tlic following position : — " When the hiw rcqiiircth the preMiice of an accompUce, at theperpetra- " tion of tliu fact, in onlcr to render him a principal, it doth not recjuire " a strict, actual, iinniediate presence, such a iire?cnce as wonlti make him ** an eye or an ear-witness of what passeth." Foster, in that partof liis cele- brated work, puts several imaginary cases of coniitructive presence, under circumstances very similar to those in which Pa\d lirown appears to have been placed. In the cases of Lord Dacres, mentioned by Hale ; and of Pud- sey, reported by Crompton, and cited by Hale, (Foster, 35 1,) the otTences they respectively stood charged with as principals, were committed far out of their sight and hearing, and yet both were hoUlen to be virtually present. \Vith respect to Houcher, tlie Chief-Justice of Upper Canada says, that there is no evidence of his taking any part in the battle, and certainly none that he killed any body. Vet if he came there with an ill intention, the law considers him guilty. Ibis principle is cx|,>re.;Ti 'l M/ 1/t ■ '••'It?-,: vu:^ ;:.">• ••■'■'..i' . ^t>- ' i 1' •v^iv: .1, I'il-i' T^f;-;-:,:^ 178 ference to Boucher, it is certainly equally clear, that he waa there, and you are to examine what sliare he took in the proceedings. 'Mie commencement clearly was not with liim; they, that is his parly, wliatever migiit have been their original motive, or real intention, in coniinu; to this partoF the country, hail certainly, at the moment when tliis nntbrtunate Goxcruor [Mr.] Scmple marched out, (under perhaps an idea that he had authority for any measure he might adopt, or perhaps with a view to ascertain the object of an armed force, and to afford protection to the Settle- ment, which had become apprehensive from tlie reports of an intended attack,) the Boisbrulcs' party had certainly given no offence, nor olfered any insult. Their having been perceived passing the fort a distance, led Mr. Setnple whole party of'tlie half-brci'ds, is cviiictMl hy llic tenor ottlie speeclRS openly nuide, and lliieat^ i-untiiiiiiill\ iitutcd l)y tluin, l)i;ili iil Qui .\ppflU',un(l on their route from tlu'iu-t' to the iSctflcimnt, as iippciirs from the evidence of Panibrun, Corcoran, aisd .M'Xay. As to llu; participation and concurrence of the prisoners in Ih.is pu; p( sc, tlie evidci-ce would undoubtedly have bceu much more complete, if the AttorncN-deneral had insisted on the produc- tion of Boucher's dochir.itioii iiefore ."Mr. Mondelet (see note, page 99), and also had brou;;ht forwaul ilic evUieiicc of M'intosh and Livingston (see note, inifje o;i). Rut mtwitlistandmii- lliose omissions, there is suHi- cicnt evidence agaiu'^t Hoiiclicr, in M' Kay's testimony, as to the threats which he used at IMandon House (see paj^e 51); and this derives no small corroboration from tlie declaration which UoiuIum- himself made to Pritch- ari' at Fort William, (see )»a<;e «;i,j il-. that he had sununoned (.ioveruorScm- ple lo surrender and 1 \ ih-wii his a;nis, and told him that otherwise he and his party were all dead hum. \\ itli icpcct to Brown, there is evidence that he was amony the hali-brceds, at tiie time when they were engaged iu overt ads of their unLiuiai iiur'.oM-, and when their intentions to destroy the .Settlement wereopi iii\ and piiijlicly avo'-,( .}. His conduct to Hctleii after the massacre, and iiis boast of the !ni:iiber lliat !u! bad killed, is a con- dcrcd by tlie ('liin:i",is, witli which he took jiart in the proccedin^js of thepaity under (.'ntbbert diaiit : and, accordniji to the principle laid down by Fo^Iim , will be of a material conscrpience, in fixinsj upon him, •' the guilt of those who gave the blow," by establishing hi i participation in tit* original unlaw ful purpose. ■i^}' 179 to direct some twenty men to follow him, to see what these fellows wanted. Boucher, from the evidence of several of the witnesses, advanced towards Mr. Semple, and the tes- timony as to what passed is this : Boucher inquired of Mr. Semple, " what do you want?" who rejoined, " what " do yoM want f" 'J'l'.e answer was, "our fort." To this Governor [Mr.] Semple replied, " go to your fort." Bou- cher then said, "you damned rascal, yon have destroyed " our fort." Up to this time there does not appear to liave been any act of violence ; ilie lansioage was cer- tainly violent, and calculated to ])rovokc*. Those who were near to Mr. Scinplc ;it this time, represent that, at this moment, he took hold of the bridle of Boucher's liorse, and of the butt of his gun ; upon which Boucher slid off his horse on theopjjosite side, and made his escape. This forms the whole of the evidence against Boucher, as far as relates to the IQth June. On the COth, he is proved to have been among those who went to the lort, so that the evidence, as to his being one of the party, is complete. Before convicting the prisoner for being guilty of murder, you must be satisfied of the malice prepense of his mind ; and it is necessary th^t I inform you that, where it does not clearly appear so as to he capable of open and direct proof, the law always supposes it to exist ; it takes the circum- stance of presence as a |)roor. and puts it upon the person charged to clear liimsclf from the allegation, by proving icircuaistances which alleviate the offence to manslaughter, or render it justifiable homicide. Thus, though there is no evidence that Boucher took any part in the battle, and certainly none that he killed any body, yet if he came up there with an ill intention, then the law considers him guilty. It is, therefore, not t(« be wondered at, that the extraordinary line of defence which has been taken by the counsel for the prisoners, sliould have been adopted. When the evidence was first gone into, an extraordinary huitude was given, from the very peculiar nature of the ■ ■■■;■' *r-'- . ■ : ,• I" .\^- .i'!- ,'.« .:'■'•*. '■ • < -I.;. ■ ■ m,., ! ■■|.'';.^''' .! , .' > f. ■ •- • *• *'•* " "■' -J ■ I ', ■ 'i ■/•••■ '■ -■.TV i ■1 , ■« ! . •■-■•■. ■ I .' 4- • The learncil JiiJgc iniglit lnvvc uiKkil, that it was uWo iiuonsistt'iit with th« ilLMgri, alUgcd in tlic Deteiicc, of pawing without inolisting the («rt. < -..i .•• 180 ^vi' :lt'; -f|..- <.!•.•■=■■ . ■ ■Ill !■•■■■ ■ Sites .|vnv: ; * . \ .■:■•»' w'liole case. Ordinarily, when a person is charged yrith murder, to diminish or alleviate the offence to manslaugh- ter, the accused must shew such an immediate impression of mind, arising from aggravation, that, in its exasperated state, it was incapable of control, and that there was no interval sufficient to allow the mind to cool from the effect of the provocation. In the case before you, a long chain of circumstances have been gone into, to prove the exas- perated state of mind in which the servants of these two great Companies were, owing to mutual and continual attacks upon each other's persons and property ; a state of mind which, it is contended by tlie prisoners' counsel, was continually kept up by uninterrupted aggressions; and it is thus they account for what, in a civilized country, would in itself be sufficient proof of a criminal intention, ^'hey stated, and endeavoured to satisfy you by evidence, that the reason for their riding in what might be considered as in armed array, was merely to protect their persons and pro- perty from attacks which they apprehended would be made upon them; and they s^ate that this apprehension arose from the circumstance of their having been previously at- tacked, and thel. provisions and property taken from them. The North-VVest Company, it has been stated, are the masters of an immense number of servants ol" different de- scriptions, and carrying on trade over an immense territory, where provisions are not, in many places, able to be ob- tained ; and that the Red River country is the place where the buffalo abounds, and from whence, up to this period, they were in the habit of obtaining those supplies from the hunters, which their trade rendered necessary, but which, from the conduct of the Hudson's Bay party, they say, they could not expect for the future ; because it is put in evi- dence, if you believe th^j testimony, that it had been seized, and taken from them, by the servants oC the Hudson's Bay Company. The first evidence upon this part of the sub- ject, is aProclamationof Mr. Miles Macdonell,as Governor of Ossiniboia, and which they state was acted upon by their pemican being seized. It was insinuated that, if the object was merely to send provisions, they would have been sent » . ISl in iVie usual method by water. To vebut this, evidence has been put in to shew that, unless they went by land, from the nature of the country, there was no passage except in view of the fort ; and this they make appear : indeed it is not attempted to be contradicted. Another circumstance may as well be noticed here, as it accounts perhaps for their being so near the fort at the time they were descried ; they state, and give evidence, that a swamp prevented their passing it at any greater distance. The prisoners' counsel contend upon the whole case which they have made out, that they were apprehensive of being attacked, and of having those provisions (which they allege it was indispensable should meet the canoes whicii were expected from Montreal and Fort William) taken from them, and that, therefore, it was only an act of common prudence, or absolute necessity, to send a guard with them; and tlicy allege, that that was the only reason for their appearing armed. They go farther, and contend that they have shewn that, though armed, they acted in strict coin {)liance with the orders which had been given by Mr. Macdon^ll at Qui Appelle, which were, to avoid the Hudson's Bay people, if possible, and to go as far from the fort as practicable. On the other hand. Gentlemen, and it is for your consideration to which the truth belongs, it is con- tended that all this is mere pretence, and that the taking of provisions was merely a pretext to cover wluit had lont, been erjtered into and decided upon, t/'z. a deliberate plan to destroy this settlement of the Earl of Selkirk. In sup- port of this position, they have gone into evidence of a large number of half-breeds and others assembling at Qui Appelle, for hostile purposes, and, according to some of the witnesses, they were prepared for aggression by harangues being made to them of an inflammatory nature, and by presents being given, and other means calculated to excite them to the commission of aggression*. On thi=, Gentle- ' ■•■*] *• • •:»■?■■,•-,.■ • !•?•'.■''■■■ / .V <<•■■, - ■ ■,' **:■■• . • .■ >,• 4(; ,'■ ■ ''■•*■'' .■ ' •.'•..V -/w - .•.;■.' «•! t ■ i * Surely tlie Cliipf-Jiistice has presented to ilic Jury a very imperfect statement of the eridenre adduced in 8ii|'|iort of this position. Here is no mention of the letter from Cuthbeit Grant, the leader of the armed party, ■>:t;- J v4 -t, • ji.*-' - ■1'- :.^/l i Vf.l'H"' /••■■ ■ <1^n .•.-■ . . ■ -.71. ;■••*; • • , I •11. ;■ ■••• ^ 182 men, you aift to decide. It is not the Court, but you, who are to estimate, wliether it was really and truly to protect their provisions, and guard themselves from attack, or whether it was, as contended by the ()rosecution, only an artifice resorted to, to mask the destruction they meditated against this infant settlement?— Whether this melanclioly termination resulted from their accidentallv mectincr, whilst both parties were in a state of exasperation, from the mutual aggressions which had been offered, I do not know : it is for you to determine, .Vom the evidence, who connnenced the affray, and what are the circumstances which justil'y or |)alliate the conduct of the prisoners. I do not know, nor is it recjuisite, but it is my duty to tell you, that if it shall appear to you, from the w hole tenor of evidence which has been adduced, that, instead of pro- >VM "■♦■• -. - * It - ■t ji,,r „-, '. .: ^ . .■ -.• , ■«-' '" ,' >\>'.' Xh^ ' »' . • -■; \ .' . ■•*! from whom Governor Semple received 1 .s deatli, written a short time firevious to this transactiiiii, and fully oxprcssiiis the luituie of his design* against the colony. Here is no allusion to tiie language of tlie prisoner Boucher when at Ilrandon House, on his way down to Red Kivcr, conveying a direct threat " that the party would destroy the Settlement" (see the evidence of DonaUl M'Kay, p. 51). Here is no observation on the balf- brecds coming to tiie pUice painted and disguised, like Indians on a warlike expedition ; no mention of the war-whoop, with which they advanced to surround Governor- Semple. Surely the Chief-Ju-^lice ought not to have omitted to point out to the Jury that before the attack, the carts with pro- visions had already reached the Frog Plains, and were two miles in advance of any possible pursuit, and that the whole of (aithbertGrant's party behig on horseback, they could with facility have avoided the colonists, even supposing a hostile intention Inid been manifested on the part of tlic latter; it ought to have been pointed out also, that the malice of Grant's party had been plainly indicated by their firing on sjme persons who had never been engaged in the conflict, and had oU'ered no provocation, and also by their shedding blood after all shew of resistance had ceased. The Chief-Justice might have observed also that it was perfectly consistent with the most insidious designs, that the assailants should try to pass tniobserved by the fort, in order that the settlers who were engaged on their lands might fiUl an easier prey to them ; and that, in fact, several of the settlers were taken ])risoners when pursuing their customary occupations, prior to the engage. ment. He might havo remarked that there was no ground for any anxiety to convey provisions in order to meet the canoes coming from Montreal, as it was in evidence that there was then a supcrtluity of provisions at Dasde la Riviere ; and that by the e\idence of several of the witnesses, the con- veyance of provisions was not, at the time ot the transaction, assigned as lh« object of Grant's expedition. 1S3 testing their provision?, and beint^ in a situation to defend themselves if attacked; I say, if the tenor of the whole evidence siiall appear to you to dnnnnstiato, that tliis was a mere pretext, and that, under cover of a justifiable pre- caution, tiiey did aivc orders, if (he least insult was received from the Ihubon's Bay people, they were then to destroy all they could nuet; 1 repeat, Gentlemen, if you believe that this sendini^ (;f provisions under a strong guard was only a pretext, although ortlers were not given to the half- breeds actually to destroy the Settlement, or to commence an attack, unless some insult should he offered, then, Gen- tlemen, I have no hesitation in saying, it is as nuich murder as if the slight insult given to Boucher had not been offered. (>ut 1 do not know that it was the case; it is you who are to judge, it is you who are to say wliere the weight of testimony preponderates; but [ do not think you will hud the evidence go that length. The evidence as to the party with whom the filing commenced, is con- tradictory. The testiniony on the one hand is, that it began on the side of the half-breeds. The Hudson's Bay people assign as a reason for going out of Fort Douglas armed, that they had heard rej)oits that they were to be attacked by the half-breeds, and they swear, some positively, and others to the best of tlieir belief, that the two first shots, and by which Mr. Semple and a Mr. Holte fell, came from the half-breeds. If you believe this testimony. Gentlemen, there will be an end to the justification set up by the prisoners' counsel. li\ on the other hand, j'ou believe that the North- West party went aimed merely for the purpose of guarding their provision*, which it was indispensable they should send to that part of the Indian territory, and that upon seeing them approach the Settle- ment at Red River, this uuibrlunate Mr. Semple went out with a number of men armed, no matter with what inten- tion, whether, as given in evidence, simply to ascertain what the half-breeds wanted, or by a shew of force to frighten then), and thus deter them from the commission of any violence, and on their part intending to commit none, yet that from their party the first shot was fired, in point of .• .!•. ■'■■ . ■ : •M ■ , ,.« >^<'i- -. ,,^ . •■ i'* ■' ,■ ■ ! 'i .' . ■ * 'if' •» 1 ■•if- ■ i ' .:'* ■ . •■ 1 -yi, ,". ,' ■ 1. ' • * ,- ' . ' ?ri-- ■ '■>>;. ■ t •' !m - I'v..;; < ' '-f ■-• , v.' • ■ 1 v ., ' •• . f ■**'-•■ ^ >'\ -*1 i '- > y ■ *, ■ i f i t ' V > " ' i ii ■ •(■' •■ ; * ■ ■-■•*.', « ' ■ ..I .'ii J ' •• J' 1 '■Si ■■ > i.' «;:•':■■ 5;^^ '•it-'- ■ r- v/V ," • ■ • :.; .;r',' ■ ■ ••) '^, »• ' „• C ' '.1" ( '. V ■ , "V ^ :,r, ;*;_»-•. ' ,^ r 184 fact, the case will certainly be very different. It is, Gen- tlemen, for you to construe this differing testimony as you please, and no doubt you will exercise a sound discretion. If these people were inoffensively, and of necessity, going on a lawful business, and had no other intention, lam not prepared to say that Boucher even is guilty. I say nothing of Brown, as there is no proof against him. If, however, you are of opinion that they originally intended to destroy this Settlement, and kill those who opposed them, then it is murder, because all the appearance of lawful and necessary avocation, is only a criminal precaution, shewing a deliberate and deep-laid plan to effect the object in view. ]?ut if you think thai this melancholy scene was produced, perhaps by feelings of indignation for former oppression, creating apprehensions of present danger, or from any other cause, and the Hudson's Bay people fired first, then 1 cannot say that the others were not justifiable in using their arms to protect themselves. It is, however, your province, Gentlemen, to decide this point as well as all others. It is the duty of the Court to give you opinions only as to the law applicable to these points. // is tfiere- fore my dulij to tell you, as to war it is all a farce. Upon the whole, as to Brown, I think you will have to acquit him, as there is no evidence against him, except what arises from his own folly, in saying he had killed six men. An alibi being positively sworn to, and not con- tradicted by any testimony on the part of the prosecution, I do not perceive that the declaration given in evidence can prevent his acquittal. If, after due deliberation, you find the charge of murder to be established, then Boucher is, as he is charged in the Indictment, a principal; but he is not so unless you are satisfied of a felonious intention having been proved to exist in his mind, or in the mind of those that sent him. It only remains that we consider our jurisdiction, connected with locality, to give us a right to try them under the Act upon which they are indicted. 'I'he offence must have been committed out of the limits of this province; whether we have a right or not, I declare 1 am at a loss to decide. Mr. Attorney-General has put in evidence the «,^i 0. 185 latitude and longitude of the I'Vog IMaini^, but he does not put in evidence, whether this latitude and longitude is witiiout or within tlie boundaries of Upper Canada, and I not know whether from 1)0" to 100" or 150° form the western limit of Upper Canada; nor do I know whether a place at that longitude, and having 49" or 49f'» north lati- tude, is within the province of Upper Canada, or beyond its boundaries. The Attorney-General here said that he had shewn, by the evidence of Mr. Coltman, the latitude and longitude, and the precise situation of the place where Mr.Semple was killed; it was for the Court, who alone could judge of the construction of Acts of Parliament, Treaties, and Pro- clamations, to decide w hether they had cognizance of an offence committed at a place so situated. Mr. Sherwood contended that the question of jurisdic- tion was one m-c of law, but of fact; it could not be pleaded in abatement, and the reason was, only matters of law could be pleaded in abatement. Chief-Justice. Brown, from there being no evidence against him, must be acquitted. If, on the testimony that has been produced, the Jury shall be of opinion that the homicide was murder, and that Boucher was a principal, present, aiding, helping, abutting, comforting, assisting, and maintaining, the person who committed the murder, from malice aforethought, in himstlf, or iti those that sent him, and that this lamentable effusion of blood did not arise from a sudden impression on rude and half-savage minds, from seeing their comrades assailed, or from any apprehension of death to themselves, but that •r was the result of a felonious intention, tiien you will find him guilty on a speciu; verdict to tliis effect: " We " find Francois Firmin Boucher guilty of the murder of '* Robert Semple. We cannot sec, from any evidence " before us, what are the limits of Upper Canada;" tlien, when the case is made up j'or argument, it will be set forth tliat the spot was in about 49i° north latitude, and be- tween 90" and 100" west longitude; and a solemn decision being had upon it, justice will eventually be administered B li .i' • -.i-.'Si.-' \ mm .• J •.-•■.■ ■ ■ 'r'v- •■.-•: ' ,■ > ■':• . V. ■ ':■■%. ■■'] ■' .■>•■. '• r Is J, '^■:-:,'i:^r- ):■ '■>■■.•• ■' f ■ '■1,5- 'm:'.. ■• 1 .■« . ■ "7 ■ * •■ 117 , ■ ■?■■■" <■ * .■ ■ . i-' .' .•(•'■'.1 iif- I.'' '' 1--. .'.vr .1' • !■■ U -I" " .'vS 4- > » 186 nccordingto the decision; but the Jury miglit return a general, or a special verdict, as they thought proper. Officers loere sworn to the safe keeping of the Jury during their deliberations, in the usual form. The Court was then adjourned for one hour ; but before the Judges had left the Court-house^ it was intimated that the Jury had agreed upon their verdict, and being called over, they severally answered to their names. Clerk of Assize. How say you, is Paul Brown, one of the prisoners at the bar, guilty of the felony and murder whereof he stands indicted, or not guilty ? Foreman. NOT GUILTY. Cler/c of Assize. How say you, is Frangoi^ Firmin Bou- cher, the other prisoner at the bar, guilty of the felony and murder whereof he stands indicted, or not guilty ? Fore?nan. NOT GUILTY. The Verdict was formally recorded, and assented to by the Jury, who were then discharged. Chief-Justice. The Court having knowledge that there are other Indictments against the prisoners, they cannot be discharged. The Court was then adjourned until to-morrow morning, nine o'clock. Wednesday, 2Sth October, 1818. On this day the Attorney-General communicated to the Court, the course which he proposed to adopt in conduct- ing the remaining prosecutions against the persons whose offences had been transmilled from Lower Canada, for crimes alleged to have been committed in the Indian territories. He said he understood the opinion of the Court to be, that they had no cognizance over offences not specifically mentioned in the sealed instruments : he had, however, submitted to the Grand Jury, several Indict- ments liable to this objection, and they had been returned true bills. Those that are clearly within this objection, of course it would be improper for him to offer to the atten- tion of the Court : but there were some concerning which .1 ...tl,-' !'>; 187 liA had a difficulty. Grant, Perrault, Brown, and Bou- cher, were indicted for the murder of M'Lean. These persons were charged in the instruments with the murder of Mr. Senipleand twenty-one persons; now he considered the murder of M'Lean and Semple as the same transac- tion, and therefore that the murder of M'Lean was an offence referred hy the sealed instrument. He had t'.ierc- fore charged Cuthbert Grant as principal, and Browd and Boucher as aiding and abetting Cuthbert Grant iw the murder of M'Lean. He had also charged u person un- known as principal, and Brown and Boucher as aiding and abetting in the murder of M'Lean. These indict- ments for the murder of M'Lean, were returned true bills, but the evidence which he could produce in a trial against the prisoners for the murder of M'Lean being precisely tiie same as that brought forward on the last trial, lie thought it an act of justice to move for a Noli prosequi in favour of the prisoners for the murder of M'Lean. He had also prepared another indictment against the prisoners for aiding and abetting M'Kay in the murder of Rogers. It might in- deed be objected, that the murder of Rogers was not an offence named in the sealed instrument; and also that if M'Kay were here himself, the Court could have no power to try him*. This indictment he had not yet presented to the Grand Jury,, ^ * An indictment for the murder of Rogt vs would have been the most advisable to be preferred against the prisoners, as that act could have been sbewn incontcstibly to have proceeded from deliberate malice, since it was \'erpetrated, when all shew of resistance had ceased, and wiien the person killed was begging for mercy. No part of the Defence upon which I.lrown and Boucher were acquitted of the murder of Semple, could by any sophistry have been admitted on a trial for the murder of Rogers. Before this indictment for the murder of Sem|)le was brought to trial, the Attorney-General had been strongly urged by persons, who attended on the part of the prosecution, to bring the prisoners to trial upon an indictment for the nnnder of Rogers. It was particularly pointed oHt to him, that it could be distinctly proved, that Rogers was killed when he waa without arms, begging for his life, so that no defence could be set upon the ground of aggression, and that all question as to which party fired first would th«reby be avoided. The Attoniey-Gcneral admitted the ;*< .xr- A ••»♦ . •>.:<••. ft ■ ^^t ;- ■■ ^'^ - - . i ivy..' ,'H' ■ ■' ■ •v.; - ,;: ••, '**■-■ J- % ■PBH 188 : :«■■;" ■vv'- if" -■ ■;!«'■ ,v ■ '.i I, T • ■t* - ■ v. • - Boucherwas ilhrhnr^ed^nml lirown teas ordered to he kept in custody, to anszcer the other imlietim nts against him. force oi'this argoineiit ; and his nnswcr led the ai^iiit fur the prosceutor tu expect that he would adopt the <-ourtc which was recoinnionded : but he determined otherwise without any farther communication, or any explana- tion of his reasonR. As to the difficulties which the Attorney-General here states, ns obstacles against bringing Brown and noucher to trial as present, aiding, and abetting in the nnirder of Rogers, it is tu be observed, that the whole of the evidence was put into the Attorney General's hands in the month of July, more than three months before any of the trials came on. Thus he had ample time to consider in what shape the indictment might be framed, so as to avoid technical difficulties ; and to bring out the evidence in the most conclusive manner. Since he found that the instruments, whicli had been transmitted from Lower Canada, were not 8uffif'"iit for the purposes of substantial justice, and coidd not admit of the cases being brocjjht fairly to trial, was it not his duty to state the deficiency ; and to apply to the Government of Lower Canada for such further instruments as were necessary to carry fairly into eH'ect the intentions of that Government, in referring the trials to the Upper Province ? In the month of July, the Attorney-General him- self, stated to Lord Selkirk, and expressed his own concurrence in the opinion of the Judges of the Court of King's Bench in Upper Canada, that no case could be brought to trial before them under the Act 43i'd Geo. III. c. 138, unless the instruments under the great Seal of Lower Canada, dis- tinctly specified the particular offence to be tried. The Attorney-General had therefore abuHdancc of time to have obtained a remedy for the defect in those histrunients, which only referred, in general terms, the trial of certain specified individuali, for all offences " heretofore committed in •* the Indian territories." -^. . ••;•■«■ . V "Jh ''% '■,t rii TRIAL or JOHN SIVERIGHT, ALEXANDER MAC- KENZIE, HUGH M'GII.LIS, JOHN ]\PDO- NALD, JOHN JNPLAUGHLIN, and SIMON ERASER, AS ACCESSARIES to THE MURDER OF ROBERT SEMPLE, Esq. '.;•.*;• ?•:'<-'■ 1 f ■ r 1 • 'i -;■ » .Jt ■ ' ''■ r ■\:-Ai |.i/:g '^0 .■'1 :.^'" • 111 ; -f ' ■« ■ 5- h ■!•-',; 'i -. nil': -■ t ■' : 1 ■ 1 •>• ■.,..., '>• >V At a Court of Oyer and Terminer, held at York, in the Home District of Upper Canada, on Friday y the 30th October, 1818; PRESENT His Lordship Chikf-.Tusticr Powell, The Hon. Mu. Justice Camphell, The Hon. Mit. Justice Bolton. THE TRIAL OK •John Siverioht, Accessary before and after the Fact Alexander Makenzie, Hugh M'Gillis, John M'JJonald, ^Accessaries after the Fact; John M'Laughlin, and Simon Fuaser, Tfho were severally arraigned on the Indictment for the Murder of Robert Semple, Esq. and pleaded Not Guilty ; when^ after various challenges on the part of the prisoners, the following Gentlemen were sworn as a Jury : ♦George Bond, *John Wilson, (3d) William Harrison Peter Lawrence ♦Michael Whitmore *Joshua Leech *John M*Dougall, junior ♦Peter Whitney, ♦Alexander Montgomery Jonathan Hale ♦Harbour Simpson John Hough. The Solicitor-General stated the tenor of the Indict- ment. The Attorney-General said, that the Jury were impa" nelled to try Siveright for being an accessary before the fact, and the rest of the prisoners for being accessaries * The Jurors, eight hi number, to whose names asterisks are prefixed, were on the Jury by whom Boucher and Brown, charged as Principals in the same indictment, had been acquitted, (see page 3^.) i •. ' <• .V ' ■' y f; S' . 1 ■ , »•> '- '.; 'i ■'to »-.U Ur- v'-i^-^'V V|.,- ] '■n.-: i'l.:?^' '•'■'•! V 111*'. ■,■'■'., •^v ;v■ . ;, i I ■■ . ' ^Sr ■■ '' -' :* • ;4n^:: '. 'w v.. ■,• I";-''-' .,1 •:,- ■' !.' '■ ^ ■ V . (. \ V . ♦ ■, kv' ':■ U^ ^ h'^'v.'.- •■ /V: '■ "'''', '-, * ' • V ■'!d^ • ^ .* t^^ ■U'. '. it ■•*.. ♦ ■ " ' t. * ■' I' ■ •. 102 after the fact. Almost any act which had a tendency to promote the perpetration of the crime, would make a [)erson an accessary before the fact. In ascertaining the guilt of persons accused as accessaries after the fact, it was necessary for the Jury to satisfy tiiemselves that assistance was actually aftorded, with a knowledge of the guilt of the principals. In this case two of the persons charged as being principals had been acquitted, and the others had not been yet brought to trial ; it was therefore a voluntary act on the part of the prisoners to submit to trial before the conviction of any one of the principals. If the Jury found either of the four persons charged as principals had committed the crime of which they were accused, and that the prisoners were accessaries to the catastrophe of the 1 9th June, they were just as guilty as though the other persons iiad been convicted. The Attorney-General re- lated the origin of the Earl of Selkiik's colony, and the aggressions which liad been inflicted on tiie inhabitants of it |)riortothe 19th June, 1816, and he then gave an outline of the evidence he intended to produce. He should distinctly prove that Cuthbert Grant actually perpetrated the murder by shooting Governor Semple. Governor Semple's peaceable intentions were evident from the small number of persons he took with him and the manner in which they went out. Grant's intentions were so unequi- vocally expressed in a letter of his own, that t\\e Jury could nor hesitate in declaring that malice aforethought did exist in his mind. Mr. Sherwood wished that some difliculties might be settled before the examination of the evidence; he objected to any evidence being entered into against the absent principals which might bear upon the accessaries. After some discussion the Court over-ruled the objection, on the ground that it would be impossible to convict the accessaries without admitting evidence to establish the guilt of the absent principals, and that if tliis course involved any inconvenience to the prisoners, they had brought the difficulty on themselves by insisting on being tried before the conviction of the principals. ,y-' '1. 19.? )e le le les. ", le i]t efl ht MICHAEL HEDEN,mww. Examined by the A ttoh n k y-G en e it a i. . Heden, 1 was living, in the year 1816, and during die summer of tiiat year, at a place called Ued River, in the Indian territory. I was there in the month of June, in the capacityof a servant in the Settlement. I was a blacksmith. We were compelled, I think it was on the 23rd of that month, to leave it, by the party who alt icked ns on the 19th. We were warned, both by the hunters and free Canadians, that we were to be turned out of lied River; both the Indians and free men told us that we were to be attacked. On the evening of the 19th of June, perhaps about six or seven o'clock, as we had ibr some time before kept a watch at the fort, the man on watch gave notice tiiat a party of armed men were going towards the Settle- ment. Governor Sem[)ie was alarmed, and took a spy- glass, and went to look, accompanied by Captain Rogers. He soon came down again, (I did not go witli him to ^ook,) and said the half-breeds belonging to tjie North- West Company were coming. He told about twenty men to take their arms and follow him, to see what those fellows were about. There were about foity servants, men, women, and children, in the fort at the time. Perhaps about thirty or forty men, now I recollect, but I am not sure. I think about twenty-eight men went out with him. I do not know how many were left, hut there were, I should think, more than ten left. There were three or four pieces of cannon at the fort. Going on, at a little distance from the fort, we niet some women and children running, clasping their hands, and crying; they said the half-breeds were coming, and the North- West, vvitli carts and cannon. Going on a little fartiier, we met more of the settlers, men, women, and children, who said the same. Mr. Stmpte did not ask them to go with him, but told them to go to the fort. When Mr. Semple heard that the half-breeds had cannon with them, he sent Mr. Bourke to the fort, to get one of the pieces of ordnance, and Mr. Bouike went, but c c ■■'■ir'-''..f\ X-l-fv?-'. 1 •:v^-'v -SI . '^ *' ■ • * .1 . -!«■■ . i. - V ■•■:•■■" il t i r .•-•♦■.■ •■:■•.!:>■ v^,. \m ■<: ? •mp'' ?v-r 191 did not return with it, that I saw. 1 saw only two or three horsemen at first from the fort, but at about two miles dis- tance [ saw 'nore, and then they gallopped up to us, and surrounded us in tlie shape of a half-moon. They were in a body and armed, I only knew (Jrant and Brown; they were painted, hut I do not know if differently to going to war. I do not know if they paint in different ways. Tliey formed the half-modt), and remained firm till Governor Semple was elKillenged by liOueher. When they had sur- rounded us, Boucher came from his party, and waved his hand, riding up to us at the same time : and called out, " What do you want, what do yon want?" Mr. Semple said, " What do i/oii want r" lioucher answered, " We " want our fort." (Governor Semple told him, " Well, go " to your fort;" when lioucher immediately said, " No, ** you damned scoundrel, you have destroyed our fort." JVIr. Semple said, " \ on rascal, do you tell me sor" Altornetj-fjetieral. \\ h;it did you understand by" We " want our fort r" Hedcn. 1 do not cxac'ly know, but as far as I can un- derstand, it was Fort Gibraltar that he meant, which was about a mile above, at the Forks. "^Fhe Governor caught hold of the reins of his bridle, and called out to some of the people to make him a prisoner. When Boucher heard that, he slid from his hor^e on the other side. As soon as Boucher had done so, Mr. liolte was killed l)y a shot from the other paity, and immetliaiely after, there was a second shot, and (Governor Sem[)le fVli ; these were the first shots 1 heard. Attorru'>i-(it)hrn1 . Ilud any lliinu" happened in going along, tiiai g;!vc von to tnulcr>tand w liat Mr. Semple's wishes were al)ont firin<.>: '■ lledcn. In fioing alono-, at a!)oi;t a mile distance from the fort, Mr. Il(jli(^ was carrying his gun carelessly, and it went o!f by accident. Mr. Semple reproved him, and told him that he ought not to carry his gun in that careless way, and that the other party might make a handle of it ; for, says he, I do not mean any firing at ail. When they were coming up to us, one Kilkeimy, belonging to our |>arly, 105 said, " We shall all be shot. I see there is something bad " approaching: if you will give me leave," (speaking to the Governor,)" I will take down Cuttibert Grant, who is one " of the heads." Governor Seniple was very angry with Kilkenny, and said, " I want no firing at all." This was before Boucher challenged the Governor. None of our party were on horseback. We walked, but did not hurry; they might have got out of our way if they would, cer- tainly, as they were on horseback, and we on foot. Mr. Semple was not on horseback. ylttorney-Gencral. And you are sure Mr. Ilolte and Mr. Semple fell by shots from the other party ? Ileden, Yes, by the first shot Mr. Hoke fell, and then (iovernor Sem[)loby the second; afterwards the firing was general, and nearly all our people were killed. One Michael Kilkenny and I were together, and he said, " Cannot we " make our escape r" 1 said, " Tlu; Lord have mercy upon " us, while there is life there is hope, let us try and make " our esca[)e." We accordingly did, and outrun the sur- geon, who started wiili us. There were about six half- breeds had got between us and the river, ihey shot at us, and the surgeon fell. V\'liile they were stripping him, Mr. Bourke and nine or ten men with the artillery took their attention, and we got to the river and escaped. Kilkenny by swimming, and 1 and one M'Kay in a canoe. When Governor Semple fell, the people all gathered round him, though he called out to them to take care and do what they could for themselves, and directly a volley was fired, and scarce one of our party was left standing. I saw nine or ten dead bodies next day at the fort. Altorney'Ci eneral. How did you gel to iho furtr lltdcn. After making my escape, i got to the furt in the night, and remained iliere. x\mong the dead bodies brouglit next day to the iurt, was that of Governor Semple; there were nine or ten bodies. Atlorucij'Getieval. Did you see whether it was wounded by a musket ball ? Jlcdcn, it was mortally wounded in the left breast, but . • ^ 1 ■•;, S „• ' - . . ;..■*' ■ ■ .■'■'•;•' ■.'■ 'f-'- > ■ : ;;■■:■■■ f ■ '. • •'• ^' ' 1 1 -* '.-5 • ^'\'*J .. .•l'>;.v;/ • ■■.•'>.■■''■ ■ ■ ; ■>■■•..■'■»• m ^V^.-:- •«>■•,■ ■■ 1 ^ 7: ^' ^ f f ^ . ■ ■■-"•* S '*■" 1% I could ndt distinguish whellier by a niu«k<.»t cr not, ai it was all over spear-wounds. Altorneij-GeneraL Did you see Grant afterwards, andt Perrault ? Heden. I saw Cuthbert Grant the next day, but I do not know Perrault. Grant came to the fort, and took pos- session of it, and ordered us away. We went on the 23rd June, in consequence. We were to take away the private property, the public was to be left behind, it was not to be moved. The fort was taken possession of on the 20lh June by Culhbert Grant and a party that came with him. It was given up to him ; he was at their head, and he received it. Mr. Grant told me I could not leave Red River too soon, and on the 23rd I went awa}', and all the servants and settlers, men, women, and children, were all sent off on the 23rd. Jtlorneij-General. Do you know how many did escape? Heden. I do not know the exact number, but there was one George Sutherland, JNIichael Kilkenny, Daniel M'Kay, and m3'self. Attorney-General. Do you know whether Mr. Pritchard escaped, and how he effected it ? Heden. I know that Mr. l^ritchard made his escape, but I could not account for him ; [ cannot tell how. We went off in boats, but without any guard, though a guard had been promised us. We were sent down the river to take our chance, without any protection at all. On the S4th, at day-light. Me inet a number of canoes with Mr. M'Leod ; there were ten canoes, with ten people in each. Mr. M'Leod inquired whether Mr. Semple, and that rascal Robertson were there, and Mr. Pritchard, I believe, said they were not. We were then all ordered to be put on shore, and our trunks and things were all overhauled, and our papers taken from us. I do not know what was the reason for keeping our papers. We went on to Netley Creek, and Mr. M'Leod with us, and then we were over- hauled again, and I and several others were made prisoners. Mr. Alexander M'Kenzic was there, the Emperor, as he is ,'■.«' I9T generally called ; a Mr. Leith, and a Mr. Haldane. Mr. John M'Donald, one of the defendants, was there. jiltorncy-General. Was Simon Fraser there ? Heden. I do not know. I do not know Simon Fraser. Attorney-General. Was Doctor iM'Laughlin, or Mr. M'Gillis there ? Ileden. Dr. M'Lauglilin was there, but not Mr. M'Gillis, Atlorney-Gencral, W^as Mr. Siveright there? Heden. He was not there then, I saw him the next day. Attorney-General. Ho came afterwards, did he ? Did the others come with Mr. Al'Leod, or arrive afterwards? Heden, I am not sure whether they came with Mr. M'Leod, as other canoes did arrive that day and the next. I saw some of Cuthbert Grant's party arrive at Netley Creek whilst I was there. 1 saw a clerk, named Fraser, and others arrive. Fraser was one of those who was in the battle of the 19th June. Attorney-General. Was you present at any \the'\ con- versation between the three that you have identified, and the half-breeds who arrived from Fort Douglas? Heden. No, I was not. I did not hear any. i do not know of any presents being made to the half-breeds. 1 do not know that rum and tobacco were served out to them. I did not see any of the clothes that had been worn by our people on the lyih^ on these half-breeds. We were sent to Point au Foutre*, and kept a hw days, and then sent on to Fort William. At Point au Foutre Mr. M'Leod asked ine about Mr. Cameron, wlio had been made a prisoner ; and then shortly after 1 was put in irons, and sent to Fort William, and afterwards to Montreal, being kept at Fort William only a few days. Altorney-G eneral. is tliere, Ileden, any oilier circum- stance connected with this affair, that yoa remeadxr, rela- tive to which you have not been exauiincd, but which you desire to mention ? If there is, relate it now. Heden. 1 do not recollect any thing else. ■^::^. ' • . . ■ -A »>. ■^: '!•.-.'' Vr^'.:- ■i\ * '' \i/- • re ' '.»W' ^'>\i ' rr .t ■ ■'> ' ■ ■'■■¥■'■■ • This is a name ^iven by the Canadiam to ;i place caliRd eUewht.'ie iw these Trials, Bas ric la Rivleic Winipic. ■ ' '■■"■: ill ■ ■ s ♦^ ' < • i lit'.'--:. "i,,l -.7: V -I . .... .,, I' . IDS Cross-Examined hij Mr. Sherwood. Mr. Sherwood. You have, I think, told us that you was in the service of the Hudson's Bay Company on the 19th June? Ileden. I was in their service. Mr. S/ierreood. And you was put under recognizance, and taken to Netley Creek, and thence sent to Tort Wil- Jiarn, and afterwards to Montreal ? Jledcn. Yes, I was. 1 was sent a prisoner to Montreal, from Fort William, under a warrant from Mr. M'Gilhvray. Mr. Shencood. And you made oatli to a long paper before Mr. M'Cord, the Magistrate there. Ileden. 1 did take my oath before Mr. M'Cord. I made a deposition. Mr. Shencood. \ox\ read, I suppose ? Ileden. Yes, I read a little, but not much. Mr. Sherwood. Did you ever read your own deposition in a book, or do you know that it was [)rinted in a book ? Ileden. 1 do not know that I ever read it. I heard it was printed. Blr. Sherzc'ood. TTow came it to be printed ? Did you take it to a printer to get it published ? Ileden. 1 do not know how it was printed. I did not take it to au}^ printer myself to have it published. Mr. Shcrzcood. I suppose 3'ou do not iiappen to know how a Magistrate came to publish in a printed book the King's evidence ? Heden. 1 do not know any thing about it. Mr. Sherwood. Do you happen to know, that when you met Mr. M'Leod and his party they were Ci)miug from Montreal ? Ifcdcn. I do not know that they came from there. I was told they did, but I do not know that they came iVom here. Mr. Sherwood. Do you know what route they were going to take, or what party Mr. M'Leod joined r Ileden. 1 know nothing about their route at all, nor do 1 know any thinur about wiial parlv Mr, M'J^cod Joined. I in) Mr. Sherzvood, I think you said in your examination l)y the Attorney-General, that you were sure you saw Doctor M'Laughlin and jMr. John M'Donaldat Netley Creek; did I understand you right? Tleden. Ves, I did say I saw them (here, and 1 did sec them. Mr. Shcraiond. Ivcx'olleet yourself; when did you sec then) ? Jlcdni. J (cannot he sure whether it was the first tir second day, hut I am sure that 1 did see them both at Netley Creek. Mr. S/ierwood. A\u\ all you have sworn to is as true as this ? JIalcn. I have only sworn to the truth; all is true. Mr. Sherwood. Answer my (juestion, for you perfectly understand it. 1 am not asking you whether it is all true that you have heen telling, hut I ask you, is it alias true as this, that you saw Doctor MTjaughlin and Mr. John M' Donald at Netley Creek, or Uivicre aux JNiorls, the first or second day after your arrival there? Ileden. Yes, that is true, and it is all as true that [ have sworn to. Mr. Sherwood. Can you swear what pajjcrs were taken away from you : were any taken from you individually ? JJcden. 'J'liere were lujne taken from nie, hut there were from some of our party. 1 saw tiiem heing over- hauled, and some were kept, and some returned. Mr. Sherwood. And is that as true as that the gun and blanket were stolen from you, which you swore to ilie other day, and the jury refus(.'d to believe ; was it as true as that? Jlcden. 1 will not answer that (Jue^tion, except 1 am forced. Mr. Sherwood. Why not? Jledeii. Because 1 do not think you have a rialit to put it. yittorint/-(jencral, 1 really should submit, my Lord, that the learned Gentleman ought to confine his cross- examination to the ease before the Court, and not harass a witness by questions no way relevant to this trial. ■■Jv. '.<■ \ ■ J.->- I «.■ 1 ^ ; : ■ % 1 V v;" ' •■1* ' r • •'^v.; .;. ■": j; -!f: \ 5* V ■>■•'■, -:-*/■'':•■ ^■- : •■ ] •k- ,. ■■ .1 ' • . !•■ . ' • .• ■ .■♦ .'.*;■■ 200 ., •vl'-,^ . I •:■.;■■ ir !■! ■.P;^'^ '.^HK- Mr. Sherwood. U' corrected by the Court, I bhall of course bow to its authority, but Mr Attorney-General must permit me to conduct my own cioss>exaniination. 1 sliall repeat the question. lieikn. 1 won't answer that about the gun and blanket, except I am lorcod by the Court. Court. We shall not force you to answer it. Mr. Sherzc'ood. Of course I do not put it then. You have spoken of some persona arriving at iMeiley Creek from Fort Douglas, and that these genlU men appeared glad to see their acquaintances, and lliat they gave the labouring people some tobacco and a glass of rum. Uo you know how long that has been the crime of being accessary to niurdcj ? Htcien. No, I do not know. Mr. Sherrvood. Tell us again what passed when the people came from Fort Douglas ? Ihdtn. Wlitn the people arrived at Netley Creek from Fort Douglas, there was a great shakitig of hands, and rum and tobacco was served out. Mr. Sherwood. Are you sure it was to the people who came from Fort Douglas that ihis good cheer was given ? JJedtn. Yes, I am sure they came from there, and had been in the battle of the IQth June. Mr. S/ierwood. Well, did you see any thing on the part of these genilenun like assisting .' :i 'S^V •vy 20* Al'Kaf/. No, he did not; he said those snmc words, to kill them. 1 heard him fmjuciitly say so. 1 was kept at Fort Qui i\[)|)clie three or four days, and then we marched to Ikandun House. I met a good many persons there, and amongst others, Boucher was there, and we talked ahout my having been taken prisoner at Qui Ap[)eile. 1 said wc had pJenty more at the tort and Settlement, to which he answered, they were soon going down, and would com- pletely destroy the Settlement and the fort altogether. Mr. Sherwood and Mr. Livius Sherwood contended, that the intentions or orders of any persons not named in the indictment could not be brought ibrwaril in evidence against the prisoners, as amounting only to hearsay. The Attorney and Solicitor-Cjlenerol said, that they did not consider it necessary for their case to imjuire further into any conversation with Boucher, but that they should pnrsue the examination in respect of Macdonell and I'raser, although not named in the indictment, for though the orders were given by a person not named in the indict- ment, if they were accepted by a person named therein, he shewed by iiis adoption of tliem, malice aforethought, which it was con'petent to them to prove. The Court desiied tlie examination might proceed. SoUcitor-GeneraL Did you, M'Kay, hear Mr. Macdo- nell make a speech to the Indians, and what did he say ? M'Kaij. 1 did not hear any in particular. When Mr. Macdonell was speaking to the Indians I could not under- stand him, because he spoke in French. Afterwards I went to Fort Douglas, and i'ound it was rumoured there that they ■were to be attacked. 1 remained there till the J9th June, and I was there on that day. Towards tlie evening of that day, the man at the watch-house in the Ibrt called out that there were a party of men on horseback, coming down towards the Settlement. Governor Semple hearing the alarm, took his spy-glass, and with one or two of the gentlemen went into the watch-house, and saw them himself. He came out and told about twenty of us to get our arms and follow him, which we did. When we got about a .«:'-: '1, 205 mile from the furt, wo met some women running, and cryini; that they were making to the Setllcmciit, and had got earts with eannon ; and going on a little fiuther, we met more settlers, who told us the same thing, and that they had taken some prisoners. Mr. Scmple sent Mr. Boiirke haek to the tort lor a piece of cannon that was there, and to get as many men as Mr. Macdonell, who had been left at the fort, could spare. We did not wait for the cannon. Upon coming near to the party on horseback, we saw that they intended to surround us, for they divided into two parties, and the one got between us and the river, and the other between us and the fort. When the horsemen began to gallop towards us, we stopped, and when they came near to us, they separated, and one' party came across the road, and met the other, who had kept by the river's edge, and formed a sort of half-circle round us, and between us and the river and fort. We were scattered about and standing just as we chose. Mr. Semple, 1 think, was in front of the party. Boucher came over from his party to the Governor. 1 cannot say 1 saw 'Mm ride up to him, but 1 saw him in conversation with him. I could not liear what passed between them, but shortly after, I saw the GJovernor take hold of the butt of Boucher's gun, and I immediately heard a shot, which came too near me, and 1 turned back and saw that Mr. Holte was wounded, and afterwards I saw that Mr. Semple had fallen ; there was another shot which I heard directly after the first, and it was not till after the second, that I saw Mr. Semple down, but the two were close upon one another, indeed immediately after one another. The Governor told the men to take care of themselves; they had gathered round him upon seeing that he was wounded, and immediately after there was a volley iired, and 1 saw very few of our people standing. Solicilor'-Geiieral. AVas there any firing after that f jyPKo^. Yes, there was, but not in a volley ; there weiea few guns fired afterwards. One Michael Kilkenny, myself, and Heden, ran towards the river, and were fol- T.V, /■■r- f ■ ■>>• . . •■ ! y< ■ 206 lowed by some men; one, who was armed with a spear, being very close to me, I fired at liim, and so got away. Solicitor-General. Did you meet with Mr. Bourke in going towards the river or hear any thing of him ? JSPKuij. 1 did not see Mr. Bourke, but I heard that he was wounded b}'' a shot. We got into an old batteau, and got across the river, and then went to the fort in the night. Mr. Pritcliard, who had been taken prisoner by the hull- breeds, came to the fort with a proposal to give it up, which was represented to Mr. Macdonell, and hy him to the settlers and people who were there, but at lirst they would not agree to give it up; afterwards Cuthbert Grant and Fraser (Alexander Traser) came with a large party, and it was given up to them, and we were all to go away. VVe went away on the ^4lh, I think. VV^e all went away from Tort Douglas, and were to try and get to some of the Hudson's Bay posts at a distance from the Ued River country; but we met Mr. M'Leod and a large party, con- sisting of nine canoes and a b'.tteau. Mr. Alexander M'Kenzie and Doctor M'Laughlin were therj. SoUcitor-Gtneral. Did you see any of the others there? M'Kaj/. No, I do not recollect that 1 did. We were ordered all on shore and were examined, that is, a good many of us were examined, and afterwards we went to Netley Creek, where both parties encamped. Whilst there, some of the half-breeds arrived from Ued River; I mean some of the party who were engaged in the battle of the lyih June. They were well received. 1 did not see any rewards or presents given to them. I did not see Cuthbert Grant after the 19th. I do not recollect of seeing Morain at Netley Creek, but 1 saw him afterwards at Point au Foutre, in company with those who had conje from Red River. Solicitor-Gety-al. Did you see any thing done by either of those gentlemen (t/ic whole of the defendants) that was like giving countenance to persons who had com- mitted murder ? M'Kiij/. JNo, 1 cannot suy that 1 did. 207 Cross-Examination, conducted by Mr. Livius o'ierwoou. Mr. Lixius Sherzcood. You liave said, that when the half-breed party saw you they gallopped up and surrounded you; where were they at that time? who were nearest to the fort ? M^Kaiy. We were nearest, as they were below us. They came nearly up to us, and then divided, and got behind us, and formed a half-circle. Mr. Ij. Sherzcood. JJid thej^ get between you and the fort ? j\PKni/. Yes, they were below us, and one party went before us to the river, ai one passed behind us, getting between us and the fort. Mr. L. Sherzcood. Why then they cut off your retreat, if they got between you and the fort ? J\PK(i?/. Yes, they did. We could not get to the fort. J\Ir. Ij, Sherisoood. Might you not be mistaken as to that ? Al^Kaij. No, I could not. I am sure they surrounded us in a half-circle, one party going to the edge of the river, the other passed between us and the fort, and then joined them, and formed a sort of half-moon, cutting ofl' our retreat. (The Court directed Mr. Sherwood to wait whilst they made a reference to Heden's testimony upon this point. After some conversation between the Judges, the exami- nation was continued). Mr. Ij. Sherivood. What language did you say Mr. Alexander Macdonell spoke in, when he addressed the Indians? M'-Kay. Mr. Macdoriell spoke French ; when he made speeches to ine Indians, he always spoke I'rench to them. Mr. Ij. Sheriiood. Do you understand French, so as to tell us what he said to them ? AI'Kay. 1 do not understand French much, and cannot tell what he said to them. 1 do not understand French so as to speak it. x- \\ ■rs.- . I* v.>^';-v ?• \:^':^'' ' T:' IM n V>j.ij-- ^M. 'Mi': ■ ^ l".,,.-' ■ .1 ;''■. '-■■•' . m: ■ f* *> ■ ■sf-. 208 ilir. Z. Sherwood. Wliere was Mr. Macdouell when he spoke Frencli to the Indians? M'-Kajy. He was amongst them; standing in the middle of them. Mr. L. Sherwood. Did the Indians understand French ? M'Kaj/. I cannot say; they pretty generally cW He'cxamincd by the Solicitor-Gen eral. SoUcilor-General. Was there an interpreter among the party that set out with Mr. Macdonell from Qui Appelle? M^Kmj. Yes, there were interpreters with us. I do not know if what Mr. Macdonell said to the Indians was interpreted. I cannot say whether it was or not. SoUcilor-General. If the Indians had not understood what was said to them in French, could it have been translated into Indian to them by the interpreters ? M^Kai/. It could certainly, but I do not know tliat it was. SoHcitor-GenemL Axe you sure that the Brules were between you and the fort, so that you could not get to it without passing through them ? JSPKny. Yes; they surrounded us on every side; at first they were before us, and then they divided into two parties, one going round by the river, and stretching beyond us, and the other, going round the other end of our line, got between us and the fort, and so cut off our retreat, that vve could not get to it without passing through them. SoUcitor'General. Then the wing extended so far as completely to cut off your retreat or passage to the fort? M'Ka/y. Yes, it did. There was no passage to it but by passing through the lirules 1 am sure there was not. 'V\: JOHN 1>. iiOUKKE, szcorn. Exiunbied by iht /i tt o k N e \-G e n e ii A L. Mr, Bourke. I was at the lied River Settlement in ]81(), and in the capacity of storekeeper to the colony established by the Earl of Selkirk. J was thereon the l^th (?'^-; .*;•• -i He 209 June, and at about five or six o'clock, the persons on watch called out that the half-breeds were in sight, and were making towards the Setiiement. T went and looked myself, and saw a party on horseback going towards the Settle- ment. Governor Semple and a number of others went out to see what they were about, or what they wanted. We had for some time been obliged to keep a watch, because we expected to be attacked ; we had information that a large armed force were collecting at the North- \\ est fort on River Qui Appelle, and that they were coc g down to destroy the Settlement. Indeed we hearc that they had set off for that purpose. Mr. Semple, and from twenty to twenty-tive of us, set out from the fort. We had not gone far when we met a number of women running in terror towards the fort, crying that the half- breeds were come, and had carts and cannon. I believe they mentio:d the North- West servants. I think they said the half-breeds and North- West people. We went on a little farther, and then met more of the settlers, cry- ing in the same way, saying the half-breeds were coming down upon the Settlement with carts and cannon. Upon hearing this, Mr. Semple directed me to go back to the fort and get a piece of ordnance that was there, and to tell Mr. Macdonell to send as many men as he could spare along with t' <- cannon. Jttorne^-i aeral. How many men were there at the fort, at the time you saw the half-breeds I* Mr. Bourke. 1 think there were about forty or fifty, perhap* less, perhaps more. 1 believe that about as many were left behind as went out with Mr. Semple, but I could not be sure. Mr. Semple did not take all the men with him that he might have done; he told about twenty to follow him, more were going, but he hindered them ; he could have taken imm forty to fifty able men, had he wished to do so. We Biight as well have taken the cannon at first, as have got it afterwards, but we did not take any. It was not till the people told us the half-breeds liad cannon I was sent to get one. E E • :■■> y * >/ } • ^ ." - r . i * ' ■-'V' ,■ '• I' ;• m\ u'M' i.- ■'.:',■ r .' .'■ fc ^ ■MJ »*"':^:," :';vt : ■ m 210 Attorney-Gcneral. Wei'^ you put into rank, or order of umich, or did you load your guns r Mr. Bourke. No, wc were not, nor did we load our guns. Attorney-General. Your sole object in going out was to see who tUe party of horsemen were, and what they wanted r Mr. Bourke. I'hut was all, and if Mr. Seniple had not been there, Mr. Macdotiell would have gone. Capt. Ko- gers, Mr. \» hite, and Mr. Holte went with him. There were no orders given by Mr. Semple, or by any oiher person that I heaid, to aitaek them, nor did I see any thing like an intention to do so. We went out to see who they were, and what they wanted, and when we met ihe people in tenor crying that the hall-breeds were com- ing with cannon, I went to the fort to get one, and I did not alierwards join the party. After obtaining the can- non, 1 was returning, and 1 saw the horsemen gallop up towards Mr. Semple and his parly. Mr. Semple had not reached the end of the Settlement when they surrounded liini. 1 was then on horseback, and could command a view of the whole. I did not advance iarther, for just as the j)arty surrounded Mr. Semple, 1 saw a flash from a person who was mounted, and then immediately after a second, and directly a general firing took place. I was atrail lest 1 should be intercepted witli the camion, and iletermined to return with it. 1 went back part of the way with it, and meeting some men coming from the fort, 1 sent the caimon back with the man who drove the cart, and returned to wliere I expected to find Mr. Semple, with the men who by this time had joined me. Attorney-Gcntral. The circle that you spoke of just now, did it extend completely to the river r Mr. Bourke^ No, it did not, there were woods on the bank of the river, so that it did not stretch to the banks. Aatorneij-General. Could your party have got back to the fort, if you had not been prevented by the half-breeds? Mr. Bourke. Certainly they might, if the half-circle had stood stiti, and not fired upon them. .'m 211 y^llorneij-General. But if the party of horsemen were between you and the fort, you could not get there, could you f Mr. Sherwood. I object to Mr. Attorney-GeneKil putting leading questions to this witness. His testimony and Heden's upon this very material circumstance directly contradict one another, and Mr. Attorney-General must not tell the witness what Heden has sworn to. Jttorney-GencraL 1 have no wish to do so. 1 merely want to ascertain the fact. What do you say you did with the cannon? Mr, Boiirke. I was afraid that I should be intercepted with it, and I sent it back to the fort, and returned with some men towards the place where I expected to find Go- vernor Semple. Going along I met some men belonging to the opposite party, who called out to ine in I'.nglish to come on, saying the Governor was there, and wanted inc. 1 however did not go up to them, but turned back, and tried to make my escape; as we were running away, we were fired at, and I was wounded, and a man named M'Naughton was killed. I however escaped to the fort, and on arriving there, or some little time afterwards, I heard that Governor Semple and all who were with him but four or five, had been murdered. Jltlorney-General. 1 thought you said you was on horseback ? Mr. Pourke. 1 had sent my horse back to the fort. jittorney-Gencral. How did you get to the fort, being on foot and wounded, and thev on liorseback ? Mr. Bourke. They were dismounted and on foot then ; they called out to me to give up my arms, which I refused to do, and run away, and they fired at me and wounded inc. J)uncan M'Naughton was killed by a shot about the same time. 1 did not see Cuthbert Grant among the half-breed party on the 19th June, so as to distinguish him. On the next day Cuthbert Grantand Fraser, I believe, eameto Fort Douglas. 1 was wounded and up stairs. I however crawled out of bed, and saw a large party, about sixteen or twenty, ajjparently under the command of Grant, who insisted, [ .;,»■■ .'•' --A V.J ■C-^'r-^; It I •• >"• 3 ■ . ' ft •■ 'i J^ I! I ; A: ,1 r 5 1 - ■ ■ -s ♦.' . :■■ k!. m i::^B: I'l'iNif" ' 1 ■y-t- J, .i I,. 'Ih:'!'-"!, :,•■•■■{ 2IS believe, on every vliing being given up to them, and that the settlers should all go away, i did not liearall that passed, but understood we were to leave the Settlement, and we did leave it on the 2.Sd, I believe. As I understood, and as it was generally understood, we were granted our lives upon condition that we all left the Red Uiver country, and gave up all the public property and Lord Selkirk's property. Upon these conditions we were permitted to go, and Cuth- bert Grant promised to furnish us a guard to protect us from other parties of Bois-brules who were expected. We went away in boats guarded by Francois Firmin Boucher. Cuth- bert Grant did not go. 1 do not know if Morain did ; he miglit perhaps, but I do not know him. On the second day after we left F'ort Douglas, we met some canoes with a number of North- West partners and men: among them were Mr. Norman M'Leod, Mr. Alexander M'Kenzie (commonly called the Emperor), Mr. John M' Donald, Mr. M'Gillis, Mr. James Leith, and a number of other part- ners. We met them before we came to Netley Creek. When met we them they setup the Indian war-whoop, and when we got close to them, they asked if Mr. Semple was of the party; this was done in a very insulting manner. They inquired if that scoundrel Robertson was there, and that rascal Pritchard. Being informed that Mr. Semple was killed, and of the melancholy affair of the 19th of June, they made us put to the shore. Mr. M'Leod or- dered us to go. When we got on shore we had all our trunks searched, and after that they made us go to Netley Creek. This party was armed. When we approached them they appeared to be loading their guns; they also had two pieces of firtillery, which had been stolen from the colony the year before by the settlers, and taken to the North-West fort There were half-breeds in their party, but riot in ours, but they were not any of those who were in the affray. Attorney-General. You know Cuthbert Grant; did he, at Fort Douglas, tell you what his intentions were in coming down with this armed party? Mr, Bourkc, No, he did not tell me his intention, 2\3 ■'••*'■ , '..': ■-. except with reference to Mr. Colin Robertson, whom Grant said, had he got hold of, by God, he would have him scalped. Jtlorney-General. Was any thing taken from the peo- ple, or was it merely a search that was made among your trunks f Mr. Bourke, They took what they liked, we were com- pletely at their mercy; they took a good deal of property from me, which 1 asked for, but it was refused. Attornej/'General. When you communicated the par- ticulars of the horrid affray of the 19ih June, and its melan- choly termination, did they appear sorry or concerned about it \ Mr. Bourke. No, they did not appear at all sorry ; on the contray, they all appeared very well pleased with the news. Attorney-General. Did the party with Mr. M'Leod, appear short of provisions? Mr. Bourke. No, they had plenty ; they did not express any surprise at not meeting provisions. 1 never heard them even say they expected them, nor do I believe that they did. Netley Creek is about fifty or sixty miles from Fort Douglas. An encampment was made, and all the settlers kept till the next morning, when I was arrested; Mr. Pritchard had been before. Michael Heden, Daniel M'Kay, one Corcoran, Mr. Pritchard, and myself, were made prisoners. I was not allowed to speak about the affair of the 19lh June. 1 wanted to relate what I knew to Mr. Norman M'Leod, but I was not permitted. I was confined by my wound, so that 1 was unable to go about the encampment. We were treated with every insult and inhumanity. I was very bad from my wound, but could get no medicine, nor any thing done for my sore, and all my clothes were afterwards taken from me. A party of half-breeds came from I'ort Douglas, and among them were Fraser and others who were at the massacre on the 19th June. 1 noticed Alexander Fraser particularly, and besides him there were some of the other* who took possession of Fori Douglas ou the 20th, and whom we left - *, .;,> ' ;^? .: ' ■ ■"■¥ '. / .*/ f'h • . ■■*•.■•.•> '^'V .t::^l 1 .-Y ^^14 there on tlie 23rd, when we came away Ironi (hat place under the guard of Boucher. Cuthhert Grant did not conn- with them. Relative to telling any of them that these people had heen engaged on the l()th, and had afterwarrls taken possession of Fort Douglas, and sent us away, I certainly did not communicate with the defendants, hut they must havj known it, for every hody knew it tliat was there. 1 did not tell either Mr. M'Jvenzie, ])r. M'Laugh- Jin, or Mr. M'Donald, three wiio came with Normati M'Leod, but my fellow-prisoners did. I know Siveright, but he was not at Netley Creek, nor at tlie taking of I'ort Douglas. After a few d.iys, tl. settlors pursued their route towards Hudson's Bay. Myself and the four I have mentioned, were detained prisoners at JNctley Creek. AUorneij'Gencral. Did you leave Netle}' Creek in company with these gentlemen now under trial, or tliose you have named ? Jllr, ]iourke, I did leiwe it in their company, and went a prisoner to Bas de la llivierc. 1 cannot say I left it in their company, but they left it at the same time that I did, and I saw them afterwards at Bas de la Uiviere. I saw Mr. M'Leod and the most of the gentlemen I had seen before at JSetley Creek, and I saw some of the half- breeds who had been at Fort Douglas on the 20ili June. We were afterwards taken to Fort VV^illiam. Before we went to F'ort William 1 was put in irons. Irons were put on my hands; and all my clothing, a case of instruments, and my watch, were taken from me. Mr. M'Gillis came with the party, and 1 saw him afterwards at Bas de la Riviere, and at the same lime I saw there Alexander Fraser, and two others who came from Fort Douglas to Netley Creek. Mr. M'Gillis was there, and so was Mr. John M'Donald. I was a prisoner during the whole of the time. 1 saw Hugh M'Gillis at Netley Creek after- wards; I do not recollect that I saw Simon Fraser among them. Attorney-General. Although you did noi tell any of the defendants that these people, who arrived at Netley Creek from Fort Douglas, had been engaged in the attair o ••.?::':'--v 215 of the I9tl» June, and afteivvaids Imd sent you out of the Ki'd Uivcr country, yet you luivo no doubt but they were acquainted with all the ciicumslances? Mr. Bourkc, I have none at all, tor it was the common topic of conversalion at all times upon our paesage to I'ort William. 1 have heard the partners, and amongst tli(;m some who are now at the bar, fre(juenlly talking about the destruction of the colony, and tlie murders of die 19th June. I particularly heard Mr. M'Ciillis and Mr. Alexander Macdonell in conversation on the subject. Maedonell asked M'dillis what had been his plan to destroy the Settlement, to which M'Uillis answered that he would have attacked the fort at once; to this Alexander Macdonell replied, " if you had, tliere would have been " one half of you killed." Attornctj-Gtncral, Let us know more particularly about this conversation, lor it appears to be very important. Where did it occur ? Mr. Bourke. h was whilst we were on our way to Fort William. We were within a few days' journey of the Lake called La Pluie, when late one night J was in my tent, and heard a conversation between a number of tlie partners of the North-West Comi)any who were standing by a fire. f did not hear the whole of it, but some parts, which were spoken in a high tone of voice, I distinctly heard. There were a number of the partners together, but 1 cannot say who they were, but I know Mr. M'CJillis and Alexand*:!r Macdonell were two who were present at the time I heard Mr. Macdonell Allorneij-General. Was it Alexander ^Macdonell, who was at Qui Appelle, that you are speaking of? Mr. Bourke. Yes, it is the same person. 1 heard him, in this conversation, say, that the sending down the half- breeds was certainly carrying things to extremities, but that it could be said that our people had gone out of the fort to attack the half-breed party, and by that means met their fate. Mr. Macdonell asked Mr. M'Gillis what was the plan which we would have taken to destroy the Settle- ment, and lie replied that his plan was to attack Fort . .1 A : ^k.\ * 4 1 '^P ■ -4 ■ '.' !. ■^':TM '.*< ' 1 I •" 21G ■vK ■'. •i,v Douglas at once, or iinmcdiatcly ; to wliicli Mr. Macdonell said, that if they had, they would one hall' of them liavc been killed, as the fort was fortified. Mr. M'Gillis then asked Mr. Maedonell what had been his plan ; to which Macdonell answered, he had proposed to starve the fort, as they had only a few bags of pemiean. There was a good deal more said, but that was all I heard about the affair of the 19th June. I was taken to Fort William, where I was kept a c'ose prisoivr, in the most horrid man- ner, in a place that had been a privy, and into which no light was admitted but what came through tlie crevicrs, between the logs of which the building was constructed. I was kept in this place above twenty days, and was then taken to Montreal. Allornej/-General. Was any thing said by Mr. M'Gillis about the murder which were committed on the I'Jth June ? Mr, Bourhe. I did not hear any thing. X:r ( V.-, ..Ji,^.i. Cross-Exammalion, conducted by Mr. SiiERwoon. Mr. Sherwood. You, Sir, I believe, came out to the Indian country from Europe in the service of the Hudson's Bay Company f Mr. liourke. I came out under LohI Selkirk's pro- tection, and not in the service of the Hudson's Bay Com- pany. Mr, Sherwood. Do you not know that the Earl of Selkirk is the principal proprietor, that be is at the head of the Hudson's Bay Company.^ Mr. Bourke. No, I do not; I do not know any such thing. Mr. Sherwood. Do you not know that he is a partner in the Hudson's Bay Company ? Mr. Bourhe. No, I do not. 1 never saw any writing, or any thing by which I am able to say that he is a partner. Mr. Sherwood. Well, '^u, though you have never seen the Deed of Partnership (which I did not suspect you had), did you ever hear that Lord Selkirk was a partner .^'"i' in the Hudson^s Ray ('omimny, or do you believe he is a partner? Mr. Bomkr. I have heard that Lord Selkirk is a partner ol' the Hudson's IJny Company, and I have no reason to «' ubt it. I do believe that he is a partner, but I '; F F m- 218 r. 4: •IJ.:^. .'•iS >}J'. i;;.< •M^"' i' ' • ■y-'V' accused, tliejr had rollowcd them wherever they \vent| because that was necessary to elucidate their conduct and thereby to ascertain their intentions; it was obvious, it could not be the object of the party to prove a state of actual irritation, such as h'gal rules admit in extenuation of homicide, but it was by goiiit^ into a lenglliened state- ment of difliculties, which had occurred between those two companies to blacken the conduct and character of the opposite party. Mr. Sherwood and Mr. Livius Sherwood referred to the precedent established on the trial of Brown and IJoucher on the preceding day, and supported it by the same argn* ments as on that occasion. J\/r. Justice Bou/tu/i. Your question, Mr. ShorwootI, I think, cannot be put, for no answer that is given to it can be made evidetjce. It is calculated only to shew that malice did exist, and was cherislicd, and certainly does not, according to my idea, corne within the limits of fair evidence. ChieJ'-Ju slice. The object of the prisoners' counsel cannot, 1 think, for a moment be concealed or misappre- hended, for it is a very plain one, and a very important one for them to establish, if they have evidence to do so. They say they have the evidence, but the question is then, can the evidence be legally admitted ? Their object is to shew that, what in ordinary cases would manifest a felonious intent, does not do so in this. That is undoubtedly the real object; it is obviously so. To establish this point, they go back to a certain period of time, and tracing from thence aggression upon aggression, upon the one side and upon the other, they endeavour to establish the necessity of sending an armed force to guard their provisions when under transportation. In that point of view, I did think it proper to allow them to shew that this necessity did exist, and I am not prepared to say that we went too far in permitting it. V\ hether the indulgence thus given was not carried beyond the limits that were intended, may also be questioned. They contend that they have a right to shew the innocence of the remainder in the same way they ..■•.»'". ..v«|.'..^ , .'•■! -,■!■., ' 219 did that of the others. Dut it is necessary to observe, that the case liere is a case of accessaries ; a case not exactly, as the coiMiM 1 r>r ihf prisoners contend, tlie same as the former, lor the priiici[»al may extenuate or justify his con- duct in cases where a prisoner cannot that is an accessary after, for there can be no accessary before the fact, in this, or any case of murder, if upon the trial it is alleviated to manslaughter, but there may be accessaries after the fact. My opinion is, that we did right the other day, and that the same course ought to be pursued now. Lot the Jury have before them all the witnesses know upon the subject. I think it is but fair that every thing should be [)roved that can throw any light upon the subject of these unfortunate quarrels, which led indubitably to this melancholy catas- trophe. The justification for going armed, which is the main prop of the Defence, can be proved no other way than by admitting evidence that, from the state of things in that country, it was a measure of self-defence almost indispen- sable. If they satisfactorily establish such a state of things, then they go a great way towards meeting the charge, or at least towards accounting for their conduct in setting out armed, which, if they were not admitted to explain, might of itself be considered as furnishing strong evidence of hostile intentions. They commencewitii the Proclamation, as shewing tiiat tlie exportation of provisions was pro- hibited, and they say the effects of that Proclamation, and of the attempts to enforce it, were to produce a high state of exasperated feelings among the persons accustomed to trade in that country, and that, under that state of excite- ment, it was not murder which was committed by the principals, and consequently the accessaries cannot be guilty of the crime of which they arc accused. This state ©f excitement, I think they may prove, provided they never lose sight of it, but no oh and shew that it never subsided, from the moment of the Proclamation being issued, up to the truly lamented affair of the 19th June; but if there is any interval allowed to be shewn, then it is a defence that must fail. The Attorney-General said, that the utmost length he •■;•>*, 1 ■, i « '^i: \ . \^^ ' '< . ' 'V. c ( t , .'i Ik r 4 » 1 r ,, ' t fl .■J ■%:\ ■*/-. ^^1/ CH, 220 ■. K^■.^■ ^& • 1, ."►;'.■ " t, ■'4 •• i ■' i '• • '}'V.\\ »■ *. "*•'•*'. . ■' . ."^ r- •■ - '■»• . considered that mode of defence ought to be permitted to extend itself, was to general questions as to the state of the country, and that shewing that violence was not unprovoked could never operate as a defence. Chief-Justice. I am sorry to see the principle so com- pletely misapprehended. If the object of tlie counsel for the defendants was appreciated correctly, it would appear to be a fair one. They put in a Proclamation prohibiting the exportation of provisions, and authorising their deten- tion, if attempted to be sent out of tlie district over which ]\Jr. Macdonell was Governor. They then ask, do you know of pemican belonging to the North-West Company being seized and taken from them by armed parties ? The answer bjing in the aflirmative, it is manifest that the object of this course of examination is to establish a justification of this party arming to protect their provisions, which they say it was necessary to send from Qui Appelle to meet the canoes coming from below. I cannot conceive how gentlemen can misapply observations that are so plain; I should conceive it impossible for misconception to arise as to their correct meaning. 3Ir. Sherwood. May I put the question, my Lords? the object wc have in view is precisely that which his Lordship has stated, and we feel ourselves completely entitled to attain it in the manner I luid attempted when I was inter- rupted. Of my right to adopt such a course after the recent trial, I should have thouglit doubt could not be entertained. I beg leave, my Lords, to inquire if 1 may continue my cross-examination by putting the question? Mr. Justice BouUon. A majority of the Court are of opinion that you may, though 1 cannot see with my learned brothers but that, if you go into an examination of whether pemican was taken, that the Attorney-General must go into a similar one, and it appears to me a line of defence very like setting up one aggression against anoth .r. Mr. Sherwood. The line of defence, my Loi Js, that I propose to myself, is precisely the same line I ndopted in the former trial; and 1 shall follow it, unless preve.ited by your Lordships, for Mr. Attorney-General really must not •,. .>i.' f> 221 interrupt me again. If stopped by your Lordships, I must bow with submiiision, and shall do so, but I apprehend I shall not be stopped. 1 consider this to be a part of the self-same cause, and I shall pursue the self-same course. 1 shall read the famous Proclamation, and shall go on from that without stopping until I arrive where I stopped before. My first question now will be, was Fort Gibraltar taken, and when was it taken by the Hudson's Bay people? Mr. Rourke. Fori Gibraltar was taken, I believe, in March 1816. Mr. Sherziood. Now 1 do not ask you whether you were there, helping to commit the outrage, but was ^lichael Heden there? and to prevent any difficulty, I inform you tbat it is a question you must answer. The protection of the Court extends no farther than to prevent your being brought into difficulty yourself by any answer you might give to a (|ueslion, bui does not enable you to shield your comparions or friends*. Mr. Bourke. I believe Heden was there at the time. Air. Shtneood. Do you know how long it was kept possession of before it was taken down? Mr, Bourke. I believe it was till May ; I saw it up in May. Mr. Sherwood. Was it then razed to the ground, and sent to your Fort Douglas? Mr. Bourke, I cannot say. I did not see it taken down but 1 believe that it was taken down in May. Mr. Sherwood. Leaving Fort Gibraltar, which seems an unpleasant topic to you, 1 will ask you when, on the lyih June, you went out of Fort Douglas and your party, whether you were not all armed with guns, bayonets, and ball-cartridge ? Mr. Bourke. I was armed, that is, I had my gun, and Mi •* ; 'J * The witness could not lawfully be compelled to answer tliis question, because lie could not i^tate that Heden was at the takin-j; of Fort (iibrallar without iiii|)ljini; an acknowledgment that he was there himself. It was certainly the duty of the Court to interpose, and tell the witness, that Mr. Sherwood had said more than he was eutiUcd to say. ■'I 222 ■■•-.r ■ '.I '■!' ■ •;■•' ,v; •■■ ■ . ! • .'■*-t-. •■■S?: ■I- ;■ - :1- ■ ' we generally had guns; some might have bayonets as well as guns, but I do not know of their having ball-cartridge. Mr.Sherz€oo(L What had you, if you had not ball- cartridge? had you snipe-shot? Mr, Bourhe. 1 had powder and ball, but no cartridges. Mr. Sherwood. Was Mr. Semple armed strongly? do you recollect his having a double-barrelled gun, and pistols ? Mr. Bourhe. He had his double-barrelled gun, but I do not know of any other arms positively. Mr. Sherwood. Will you undertake to say he had not pistols, as well as a double-barrelled gun ? Mr. Bourhe. No, 1 will not, for very likely he had pistols. Mr. Sherwood. You said, I think, that you saw the flashes at the time of the firing; praj'. Sir, what distance was you from the scene of action ? Mr. Bourke. I suppose 1 might be about two miles off*. 3Ir. Sherwood. And you mean to say that you could, in that country, intercepted as your view must be by trees and stumps, discern, at a distance of two miles, who fired, by seeing the flash. Mr. Bourke. There were neither trees nor stumps to intercept the view. It was perfectly a level flat country, and I could discern plainly by the flash, whether the fire was from a person on horseback or on foot. Mr. Sherwood. And from that you mean to say that the first fire came from the half-breed party ? Mr. Bourke. Yes, it is from that circumstance I say so. Mr. Sherwood. How far had you proceeded after leav* ing Fort Douglas, before you met the gentlemen with Mr. M'Leod ? Mr. Bourke. We had gone about fifty miles, I expect, when we met them. * From the map it appears that Mr. B. could not have been much mor« tbaa one mile distant, )alJ- 223 Mr. Sherwood. And you were then sent to Netley Creek ? 3Ir. Bourke. Yes, we were, and I was kept there as a prisoner. Mr. Sherwood. I will now ask you, if Cuthbert Grant ever did commit a murder, do you know of either uf those gentlemen giving him any countenance in so doing, or rewarding him ? Mr. Bourke. I believe they have. I did not see how those who came from Fort Douglas to Netley Creek were received, because I was a prisoner at the time, but I saw some of them together afterwards at Fort William, and I believe they did approve of their conduct, and I have heard that many who took part in destroying the Settlement were rewarded for so doing. Mr. Sherwood. 1 am not asking you about any who were engaged on the 19lh June, but I ask you, if ever Cuthbert Grant committed a murder, do you know of these gentlemen approving of his so doing ? Did you ever see Cuthbert Grant and them together ? Mr. Bourke. I did not. I saw Alexander Fraser there with them, and he was one of the half-breeds who was in the affair of the 19th June. Mr. Sherwood. I don't want to know any thing about Alexander FVaser ; 1 asked you about Cuthbert Grant; answer the question that is put to you, and keep your own stories for some other time. Do you know that the North- West gentlemen, on going to Fort Douglas, found a great deal of their own property there? Mr. Bourke. They did not tell me any thing about it, and I was not there when they arrived at F'ort Douglas. Mr. Sherwood. I did not ask you if they told you they found a good deal of their property, nor whether you were present at the time, but 1 asked you, and I ask it you again, do you know, or do you not know, that the North- W'esf. Company found a great quantity of their own property at Fort Douglas ? Mr. Bourke. I do not know what they found there, for I did not see them arrive. Mr. Sheruood. I shall put the question again, for I '-■In .':!■■• . I H. (■ 'vvy^. : ■ M . r. . ■'Ct.v ,!." 4: I;.'. I ",•'>■■ ifv: .•'.r-i' I '■*■ '\''_ .)■. • 1. ■' ( ; Want a direct answer to it: either you do know or you do not? The Attorney-General objected to the question, con- tending; that it was no evideuce in deftnce to thf chaiire of murder, and said, that it" it were allowed it would almost become his duty to account tor that Proclamation, and for every other act either of Mr. Semple or any person connected willi the Settlement at lied River. Mr. Sherwood relied on the precedent of tlie preceding trial, the authority of which, he said, was in future cases to be a guide in investigating offences committed in that remote part of his Majesty's dominions. The Chief- Justice said, that these circumstances were not adduced as justification of murder : they were used as accounting for what might otherwise be considered a direct ?;mu1 })ositive proof of malice prepense. It was a justification for their going armed. '1 hey shew that their property had been taken from them by armed parties, and from thence account for their being found with arms in their hands. Mr. Sherzcood. I ask for this Proclamation to be read. It is the Proclamation of Mr. Miles Macdonell, read upon tiie former trial. The decision of your Lordships upon this solicitation will determine whether the precedent esta- blished on the former trial is to be followed, or a new rule introduced in opposition thereto. The Proclamation, (for which see Brown and Boucher's Trial, p. 6l) was then read*. * It would appear that henceforvvard the Courts of Upper Canada must admit tliis Proclamation to be adduced as a link, of a{,'gravation to Justify tlie murder of any servant of the Hudson's I5ay Company, committed in the Indian territory by a servant of the North-West Company, at any distance of time. This provocation, it seems, is not to be obliterated by the sacred interve.ition of treaties. One destruction of this devoted Settlement has been held not to have expiated it : will a second demolition suffice i " Junonis gravis ira nee cxsaturabile pectus. Quam nee longa dies, pietas nee miti/i;ji nVv \ Non media de gente Piirygum exedisse nefa ii!i< Urbom odiis satis est, poeuam tia^isse per oi v^n Reliquias ; TroJA> cincres atque ossa pereraptufc Inscquitur." 225 Mr, Sherwood. Did you, Mr. Bourke, ever hear how Mr. Miles Macdonell came to be Governor of the District of Ossiniboia ? Did you ever see his commission, so as to say by what authority he was a Governor ? Mr. Bourke. I always understood that he was appoint- ed by comnnssion from the Honourable the Hudson's Bay Company. Mr. Shcnsood. Do )'ou know that they possess any authority to appoint Governors, or by what authority they exercise the right of doing so? Mr. Bourke. 1 have seen the Charter of the Hudson's Bay Company, which gives the Company that power. Mr. Sherzi)ood. We will go one step farther back. Do you know who granted them this Charter, which autho- rised them to appoint, or which they say authorised them to appoint, Mr. Miles Macdonell Governor? Mr. Bourke. It was granted by King Charles the Hd. as I have been told, to Prince Rupert and others, and I believe gives power to the Honourable Company to ap- point Governoro in the territory of Hudson's Bay. Mr, Sherwood. You never saw a commission from the Prince Regent, or his present Majesty, appointing Mr. Macdonell a Governor, did you? Mr. Bourke. I never did. I have no knowledge of its being necessary that he should have one. Mr. Sherzcood. To whom, Sir, did you disclose your knowledge of what had passed in the Indiaji country ? Did you make an affidavit before any body .'' Mr. Bourke. Yes, I did make an affidavit. I made it before Mr. M'Cord at Montreal, after having disclosed to the Attorney-General all I knew. 3fr. Sherwood. Do you know if that affidavit has ever been printed in a book, and given to the public? Mr. Bourke. Yes, I know tiiat it has been printed. Mr. Sherwood. Did you take it to the printing-office, or give directions for it to be printed ? Mr. Bourke. No, I did not give it to the printer. Mr, Sherwood. Was your approbation asked to us being printed ? Was you consulted in anj way about it ? G C ,^i, 226 1 -w. ■ V'!,' ■i4: '■ ■:fe'-: ,'Uj,V. ■^®:: \- .V"' Mr. Bourke, No, I was not consuiitd on the subject. Mr. Sherwood. Do you know that it is the duty of a Magistrate to keep secret the King's evidence? Mr. Bourke. I do not know any thing about the duty of a Magistrate on tiiat head. Mr. Sherwood. \)o you think it his duty to print de- positions of witnesses, and poison the pubHc mind against any unfortunate person who may be accused, and thereby expose l)ini to the chance of losing, his hfe ? The Attorney-Genercd requested tlie Court to stop the examination of the witness, which he said was liiglily ex- ceptionable. Mr. Sherwood pronounced the act to be cruelly immo- ral, and insisted on his right of exposing it. The Atlorney-Gcucrnl stated that such proceedings had not been confined to one side, which statement Mr. Sher- wood denied. Mr. Sherwood. You are acquainted, I suppose, with the late Mr. Semple's hand-writing. Will you look at this letter, and tell me if it is his hand- writing ? (The letter being handed to the zcituess), Mr. Bourke. Yes, this is the hand-writing of the late Mr. Semple, and is addressed to Mr. Alexander Mac- donell. Mr, Sherwood. I move that it be read. 77ie Letter dated I4ih Mmj, 18 iG, was then reu:\ for which see Trial of Brown and Boucher, page 77. 3Ir. Sherwood. Do you know where Athabasca is ? 3ir. Bourke. No, 1 cannot say that I do exactly. Blr. Sherwo'-^d. Bo you know that a number of your people were starved tlieie ? Mr. Bourke. No, I cannot say that 1 do know it. Mr. Shencood. ])id you ever hear that they were? 31r. Bourke. Yes, 1 have heard that some were. BIr, Sherwood. I suppose you mean you do not know its latitude and longitude. 1 do not ask you for that, hut do you know whereabouts Athabasca is' does it bear North or South from the lied River, and is it near to, oru great distance away from the colony ": t27 Mr. Bourhe. You go towards the North to Athabasca, and it is, I believe, a long way North, but I know nothing of its latitude or iun^itiidc. Mr. Shcrii'ood. \ on was brought to Fort William af- terwards, 1 believe: how was you treated there ? Mr. Bourke. Badly enough ; 1 had been brought down in irons in a canoe, on the tof) of a large (juaniity of bag- gage, and on my arriving at Fort A\ illiam, I was put into a place that had been used as a necessary, and into which no light came, except through the crevices between the logs of the building, and I was kept there twenty days, and tlien taken down to Montreal. I was rohbed of my watch and ail my clothes, and not allowed to dress my wound, whicli I received from their peo[)le on the IQlh June. ,. \ i ■^.■. 1 • :'■•■ i > V . j ■'< ••••':. •' ;^ ^ ■'frivol MILES MACDONELL, Esquire, sworn. Examined hy the AxToRNiiv-GENEUAL. Attorney-G eiieral. You, Sir, I believe were aj)pointed Governor of the district in which Lord Selkirk's Settle- ment on the Red River country was, and in that capacity issued a Proclamation : will you state to us your object in so doing. Mr» Macdonell. My object in issuing the Proclamation was to prepare the means of subsistence for a number of persons who were expected Iron: the forts at Hudson's Bay, and from Europe, in th^' ensuing season, to establisli them- selves as settlers at the colony. I had informatioi: that a number were wintering at \ ork and Cluirchhili Forts, having arrived too late to prosecute their journey to the Settlement, but they were to come on as soon as the season would admit of their travelling. I also expected a very considerable additional population for tlie Settlement to arrive by the Hudson's Bay ships of ilie next season. Ap- prehensive that, in the uncultivated state of the country, and its being deslitute of supplies, they might sulYer hard- ships, unless provision was made ibr their support, I issued the Proclamation forbidding the produce of the country to ;^'- 228 ■.■■» ■ , . ■'I. be taken out of it, except u^der certain provisions. It was a general order, having no more relation to the one Com- pany than the other; it affected both equally, and perhaps inconvenienced both, but 1 thought it my iirst duty to pro- vide, from the lands, lor those who were to settle on them; and the state of agriculture in the District afl'ording but a very small supply, 1 felt myself bound to use every means in my power to secure those settlers that I knew were wintering, as well as those whom I had reason to expect in the ensuing season, from want, and 1 therefore issued a general order, prohibiting the exportation of produce, ex- cept so far as might be necessary for the supply of the traders actually in the country, and the Proclamation pro- vided for their receiving, or being furnished with whatever was necessary for their supply ; and they were supplied, though I felt it my imperative duty to stop provisions from being taken out of the District. 1 did, on one occasion seize a large quantity of provisions from a North- West station; but, afterwards, upon a requisition being made for them, i restored what was necessary, according to their own ideas, to carry on the trade. That was the nature of the Proclamation. It was only to prevent an unnecessary exportation of provisions, and to secure the rest for the use of the inhabitants, at a fair and reasonable price, according to the value in the country. The object of the Procla- mation was to secure provisions, so as to prevent the emi- grants from being exposed to starvation, from the unset- tled, or rather uncultivated state of the country, a mea- sure rendered necessary by the addition that was expected during the year. Attorney-General. Upon application. Sir, were pro- visions returned to them, that is, were they furnished with them ? Mr. MacdonelL Yes, upon their application they were furnished. They made a requisition, and I gave them what they required, and they did not stint themselves. Any party of traders in the country could have as much pro- vision as they themselves judged necessary for their own consumption, but ! thought it my first duty to take care •V 229 of those who were immediately committed to my care; the Proclamation invited the persons having provisions to brinp; thcni in, and stated that tiiey would he paid for at a fair price, and I was always wiUing ta pay for them. uUtorncf/-GtneraL Have tlie N(>rtli>-\\>st Company received a remuneration for their provisions, or if they have not, to what circumstances is it to be attributed ? Mr. JMacdonell. They hav« uotnTeived any ; 1 believe that they would not fix any puce, and therefore they could not be paid. Jttornet/'GeneraL It has been allei>ed, Sir, that Fort Gibraltar was taken. Uad you ever experienced any ill- treatment from l\\v^ lesidents of that fort ? Mr. Macdonell. Wo did, Su, a ijreat deal, in my time, of the most serious nature, the most unprovoked and wanton nature, from Duncan Cameron and those under his command. Our people were fired upon often when doing nothing but pursuing their work on their farms; our cattle were killed, and indeed every species of insult and outrage was constantly practised against us. I, on one occa- sion, as agent for Lord Selkirk, gave or addressed a notice to the person in charge at the fort, to quit the premises by a certain time, but nothing was ever done in consequence of it. Attacks of a very serious and monstrous description had been repeatedly made upon us ; it is impossible to state of what description, they were so various. On one occa- sion, one of my gentlemen was fired at, and mortally wounded ; on another, the Settlement was attacked, and afterwards burned to the ground. Every outrage that could well be oiiered we experienced from them. I had a com- mission appointing me Governor of the District of Ossi- niboia, and it was in virtue of that commission that I acted in the Red River country. I received it from the Hudson's Bay Company, from the Court of Directors; it was a commission under their seal, appointing me Governor of tliat District. *.* ^>■■'• ■ f " . V ';i ■ f 230 • ."{^ ' '■•^■^ ■ •>, * • ■ '■'''.'■, . .,'% ■ .1,.. •I ■ . ■ A--,-, ■• '■:::^.- ',;,S ■'■.'■.' , f • a! : ■ .7- >;:■;■. .. Cross-examined by Mr. Sjierwood. Mr. Sherwood. You were not aware, Sir, I presume, that, in appuintiiij^ you Governor, tlu' lliidsoii'a IJay Com- pany were exercising autlu^ity uliicli iliey did not possess, or authority that they liad no right to give ; that they liad no right to delegate the powers you assumed yourself entitkd to exercise ? You, of course, esteemed your com- mission valid. Do you know that it was so? Mr. Macdoncll. 1 think it was so, or I should not have acted upon it, hut I may err in judgment. Mr. S/icrzcood. I am sure tliat is the only way Captain Macdonell would err; no person can have a liigher respect for the private character of Mr. JNIilos Macdonell than [ have, nor can any jjcrson entertain a more contemptuous one for every thing appertaining to the governorship. Will you just look at these two notices, and say. Sir, whether they were issued hy you? Mr. Macdonell. They were ; my reason for issuing them was to prevent any claim of prescriptive right being set up. Mr. Sherwood. 1 do not impute any improper motive to you, Mr. Aiacdonell; you undoubtedly thought it necessary to do so. 1 move that they be read. (The fol/otcing Notice to quit roas then read.) District ^ To Mr. Alexander Macdonell, or the person acting for the North-VYest Com- pany in the vicinity of Carleton House. TAKE JSOTICE, that by the authority and on the behalf of your landlord, the Right IJon. Thomas Earl of Selkirk, 1 do hereby warn you and all your associates of the North-VVest Company, to quit the post and premises you now occupy in the vicinity of Carleton House, within six calendar months from tlie date hereof. Given under my iiand, at lied Uiver Settlement, this twenty-iirst day of October, IB 14. (Signed) MILES MACDONELL. A Notice in the same terms, addressed to Andre Foitras, at Riviere a la Sourie, was likezisise read. District •\ OF > OsSlNlHOlA.3 .m 231 HUGH M^LHAN, *wom. Examined hi/ the Attorn ey-0 fn »:rat.. M* Lean. I lived al Fort Douglas in 1810. 1 knew Mr. Seniple in that country; he was Governor there. We had f're(|Utntly been informed that we were to be attacked by the half-breeds and N<)rlh-\\'^est peo[)le. On the IQtli June, as I was coming home to the fort in the evening, I saw an armed force on liorscback u;oiug towards the Plains. As I got nearly np to tlie fort, 1 saw Mr. Seniple and between twenty and thirty persons going out of the fort. Attorney-General. Could you distinguish whether the people on horseback were armed ? 31' Lean. 1 saw them at that time too far ofl' to say whether they were armed or not ; afterwards 1 knew they were. Mr. Semple's |)eo|)le were generally armed, per- haps all might be, but 1 cannot particularly say, for 1 did not go with them. I was told that Mr. Semple had taken them to see what the people wanted who were seen going to the Plains. After they had been gone some time, Mr. Bourke the storekeeper came back for a cannon, and then I went out. 1 went with Mr. Bourke, and drove the cannon, which was in a cart. ^Ve did not overtake Mr. Semple and his party. We went on a short distance only with it, and then I returned with the cannon to the fort, by directions of Mr. Bourke. I reached the fort in safety. 1 was not wounded, but the horse drawing the cannon was. I left it at the fort, and then returned. The mounted people wore formed in a circle or half-circle, and our people who were on foot were on the inside of the circle ,• the half-breeds were formed like a half-moon. I saw both those on horseback and on foot, but I did not see any firing between them. Having left the cannon, 1 went out again, but had not gone far before 1 met about eight or ten people running as hard as they could, and they were beinfT tired at. I found Mr. iiourke uounded : he had been looking for the Governor, and was called to by a parcel of men hid behind some bushes, to come to Gover- nor Semple, and was then fired at and wounded. i '.» : '». IMAGE EVALUATION TEST TARGET (MT-S) 1.0 I.I ■^ 128 125 ■50 ""• u, m ■ 2.2 ^ ■:£ 12.0 m > '^ Uil L2I 1 u |j^ ^ 6" ► V] (%. /: K'^'' ■» /:^ ■ ■■'•'-t t » . It 1 ' • » ■V.'-- . :^':i .■ii" /■ ■ ''■;■> :4 ■ ^ *: * '■•? ■'»>..» ..IM vA 232 Attornei/'Generah Then you reached the fort safe, did you? AJ'Lean. Yes, thank God, I was not hurt any way. The next day I saw nine or ten dead bodies, and among them was the corpse of Governor Semple ; they were brought to the fort in carts by the Indians. I saw Cutli- bert Grant on the 20tii, at the fort, with a large party of half-breeds and others. 1 did not hear what passed between him and our gentlemen, but 1 understood it was about our all going away, and giving up the fort, for we had been asked if we would give it up by our own gentlemen. Attorney-General. Do you know John Siveright, one of the prisoners at the bar ; did you ever see him before ? McLean. Yes, I saw him in the spring at Fort Gibraltar. Attorney -General. Did you see him after the battle ? McLean. No, I do not recollect that I did. Two days after, or on the 23d, we all went away from the fort, and the Settlement was entirely broken up. We went to Jack River House by water. On the day but one after we left the fort, we met a large party in canoes; there were nine or ten large canoes fuL f people, and we were all ordered ashore, after some conversation between some of their party and some of ours. I saw Mr. Alexander M'Kenzie there, but 1 do not recollect for the others ; there were, as I understood, a number of the partners of the North-VVest Company there, but 1 did not know them. Attorney-Gentral. Do you know of any information being given to the partners of the North-West Company by the people from Fort Douglas, of the aftair of the 19th June? McLean, No, I do not. I was not near enough to hear any thing that had passed between them. Attorney-General. You have said that you saw the mounted party and those on foot at a distance. Could you distinguish any of the mounted party, so as to say who they were ? JSVLean. No, I was not near enough to see who was in the battle. 1 merely saw tliem at a distance. AtUrney-Generat, Were you present at any assembly ■? 233 of liulF-breeiis, where any speech or harangue was made by any body on the subject of the affair of the IQth June ? McLean, No, I was not. 1 never heard any from any body. Cross- Examination^ conducted by Mr. Sherwood. McLean. 1 do not know who fired first. I know that murders were committed, because I saw the bodies. Mr. Sheruood. What do you mean by murders being committed? would you call it murder if you killed a man in battle f M'Lean. No, not if he was killed fairly, but these were not, for they were shot first and speared afterwards, and 1 don't call that killing a man in battle fairly. Mr. Hherwood. Would you think it murder to kill a person in defence of your own life, or your property i McLean. No, certainly i should not think it murder to try and save my property, or my life, and if I killed a man in doing so, it would be his fault, and not murder. Mr. Sherwood. How do you know that these persons were not defending their lives or property on the 19th June? McLean. I do not believe Mr. Semple or his people would have meddled with them, if they had not with him. Mr. Sherwood. Do you know, or did you ever hear, of any of these gentlemen having assisted in the murders, as you call them? do you know that any one of them as- sisted to commit iLhese murders, as you think proper to call them, or were helping in any way ? M'Lean. No, I do not know that any of them did. 1 have heard a good deal about them. Mr. Sherwood. What you have heard is not exactly evidence, but I dare say you have heard, and would like to tell us a great deal : but you may go. JOHN PRITCHARL), sworn. Examined by the Attorn p.y-Gbnv:iial. Mr. Pritchard. In June 181G I lived at the Red River Settlement, at the colony of the Earl of Selkirk: I H H ii ■:'' ' 4 ♦ ■ 'i ^i^ * : . * ■i a. "I'M: ■■■'l-K ' . ■ • - ** /4.\? "■.■'■> 234 ivas a settler. I knew Mr. Robert Semple ; he was Gover- nor of the Hudson's Bay Territory in general. On the 19th June Governor Semple and a number of other per- sons were killed. \Ve had been alarmed with reports for some time, that the colony was to be attacked by the half-breeds. On the 17lh, Moustouche and Courte Oreille, another Indian, came to the fort from the half-breeds^ camp, and gave us information that we were to be attacked within two days from that time, by a party who had set off f.om Qui Appelle, and had stopped at Portage des Prairies, under the command of Alexander Macdonell. There were generally residing at Fort Douglas with Mr. Semple, from forty to fifty men ; that was the usual num- ber of residents. Attorney-General. Upon receiving this information from the Indians; what did Governor Semple say or do? Mr. Pritchard. He htard all they had to say, and examined th( m very particularly, but said to the gentle- men that it was impossible, after all their other depreda- tions, that the North-Wesl people could be so bold and unprincipled as to think of attacking the Settlement. He then desired a strict watch to be kept night and day, so as to receive the ej^rliest information of their approach ; which was done. He said he could not believe they would be so unprincipled as to break up the Settlement, and dis- tress the poor people who were settlers, and did them no harm, whatever might be their hatred of the Company's servants (Hudson's bay Company's servants.) As I was about returning home from writing, I heard a man cry out, "the half-breeds! the half-breeds!" this was about six o'clock in the evening, I should think. Immediately the alarm was given, and I saw Governor Semple take his spy- glass, and go to a place whence he was likely to have a good view. I went "^d looked too, and I distinctly saw a number of persons on horseback going towards the Plains. Shortly after, the person at the watch called out that the mounted party were making towards the Settle- ment. We saw they were armed. Mr. Semple then said, '* we must go and see wha^ these people want; let twenty 235 jver- I the per- i for Y the eilie, eeds eked toff des nell. Mr. " follow me." Something was said by some person about more going, but he said, "no, twenty will be sufficient, " let twenty come with me." About tliat number look our guns and went along with him. 1 believe there were about twenty'five or twenty-six. VV^e had not gone far before we observed, beyond a point of wood, that the party increased very much; Mr. Semple, therefore, directed Mr. Bourke to go to the fort, and get a small piece of ordnance, and to teii Mr. Macdonell to send as many men as he could spare, and return as quick as possible. We met a number of the settlers running towards the fort, and cry- ing, but we went on. We stopped a little while, but Mr. Bourke being delayed, we went on again towards the Set- tlement. We had not gone far before we observed the half-breed party advancing towards us. They came up in a direct line, and when they were pretty near up to us, they opened into two parties, and surrounded us in a half-circle or half-moun. As they advanced upon us, we went back to get out of their way. It was not to run away, but we retreated back a few steps; it was no use to run, they being on horseback, and we on foot ; we tlien saw Boucher advancing from his party, waving his hand to us, and calling out in broken English, " What do you want? what " do you want?" Mr. Sen)ple directly said, " What do " 1/ou want?" to which Boucher answered, "we want our " fort." Mr. Semple replied, "go to your fort " What Boucher said then 1 do not know, as by this time they were close togethdr, and spoke too low for me to hear. What thtanswer was I cannot tell. Attorney-General. But what you have related you heard distinctly, did you, so as not to be mistaken i Mr. Pritchard. Yes, 1 did ; I heard Boucher make some reply to Mr. Semple tlien, but 1 was not near enough to hear what it was that he did say, but 1 saw Mr. Semple put his hand on the butt of Boucher's gun, and almost im- mediately there was a firing, and I saw Mr. llolte strug- gling on the ground, and immediately after 1 heard a general iirmg, a sort of irregular volley. Attorney'GineraL Was it a single shot you first heard ? i, *.'•' .'•*. • >»■ / ( V ,v- :■ ; J i.l'-^n'' .■ f . - ^■:i-;'» 'A r *H' 230 ^/r. Prilchant. Yes, I licaid llic re[)i)i i of a gun, and tuiiiiii^ ruunii directly, I saw Mr. llolte struggling on llie gruuiid, and almost iiiuiiediately there was a general Bring, like an irregular volley, and nearly all our people were either killed or wounded. Attornty-General. Can you say from whieh party the Rrst shot that you heard, the ;>ingle shot, came ? Mr. Pr'Uchard. I cannot. We were in a good deal of confusion, expecting every minute to be attacked, so that I could not say from which side it came, nor 1 never did have any certain information who fired ilrsl. 1 saw Mr. M'Lean rise once, and he was defending himself when he fell a second time, and I believe expired. I saw Captain Rogers rise after he had fallen, and he came running to- wards me. At that time I did not see another of our people standing, and I said to Mr. liogers, "for God's ** sake, throw down your arms, and give yourself up, we *' bhall be murdered here else, we shall be murdered; for " God's sake, Rogers, give yourself up." He directly threw down his arms, and ran towards the party, crying iu broken French for mercy, and saying he was their prisoner. A half-breed, named M'Kay, called him a dog, and said he was one of the officers of the colony, and immediately shot him through the head, and another ripped his belly open, uttering the most horrid imprecations. I now almost gave myself up for lost, when I observed a Cana- dian whom I had known. I now begged of him for God's sake to try and get my life spared. 1 said to him, "You " are a rrenchman, you are a Christian, so am I, you <* are a man, you are a Canadian, join with me in begging " my life." He did ; he begged for me, and warded off blows that were aimed at me, and received several liiMself in protecting me from them. M'Kay, who knew me, called me a little toad, and asked me what I did there, and said he had a great mind to serve me as he had Rogers, but eventually Lavigne succeeded in saving my life, and I was given into the care of Boucher or Morain, they telling me at the same time that 1 was a poor little dog, and had no great while to live. 1 had several very narrow escapes 237 afterwards. Descliamps and a number uf Brules wanted to kill me; once Boucher saved my life. When undercharge of AJorain, 1 told him that the half-breeds would kill me, when 1 got to the Frog JMain, and otlered to give him a thousand livres, if he would let me swim over the river, and tstape to the foil. He replied, ** no," that 1 knew well if he did so, that his bourgeois would punish him. 1 answered, that I was aware they were displeased with me for going to the colony, but that 1 did not think ihey desired my death. Morain answered, " it is all the same, •* 1 will keep my hold of you*." Attornei/'General. Did you see Cuthbert Grant in the battle ? Mr. Prilchard. I might have seen him, but I do not know that 1 did. I saw him that night, and he told me my life was safe, and whilst I was with him that I need not fear. He said that they expected to have surprised the colony, and then they wo.dd have starved out the fort, for they would have prevented any body from leaving it to get provisions, or if they had left the fort, they would have shot them ; that having surprised the colony, they intended at night to have surrounded the fort. JUoruey-General, Did he say any thing about tiieir bringing provisions down to supply the canoes that were expected from below, that is, from Fort Vi'illiam ? Mr. Prilchard. No, 1 heard nothing like that. Attorney-General. When did you first hear about the object of this journey being to bring down provisions ? Mr. Pritchard. 1 never heard that assigned as the cause of their coming down, till 1 heard it in Lower Canada ; that was the first time I ever heard of it. 1 know Cuthbert Grant's hand-writing very well, having freijuently seen him write, as he was under me for some time when 1 was in the service of the North-West Company. i ' ^ ■« i ■- I -' ■ , '• i " This part of the evidence is mis-stated by the short-hand writer, wlio gives it as follows : Ooce I had to beg Morain to let me save myself, though I knew the bourgeois did not like i:ie, and after great difficulty and many very narrow escapes, I at last got to the encampment at Frog Plains. ;.'•« ■!! " •p- ■ ■■*' '» ■ i'. .V 1 .■'■>•■■ * ' ■ , i- / * ■ t ■•1i ■ 1 f , * y ■ "t ■A 238 (A letter being shewn in liis hand-writing. Upon mo- tion of the Attorney-General, the letter dated Kiver Qui Appelie, 1 3th March, I8IG, Ironi Culhbcrt Cirant to J. !)• Cameron, Esc\. was read, (for which see the Trial of Hou- cher and Brown at p. 89). Attorney-General. Did you, Sir, ever see that letter before, or when did you first see it r Mr. Pritchard. Jt was an intercepted letter, and I have seen it frequently before, but I saw it in Mr. Semple's possession before the IQth June. Attorney-General, What was done with you ? I mean individually. Mr. Pritchard. I was taken a prisoner, as I may say, on the 19th June, and was liberated on the fiJOth. Attorney-General. When did you first go to Fort Douglas after the saving of your life? Mr, Pritchard. I went on the same night. Grant told me whilst I was a prisoner at the Plains, that an attack was going to be made on the fort that night, and that if any resistance was made, man, woman, and child would indiscriminately be massacred. Mr. Fraser also said the same, adding, that it had been said they (the half-breeds) were blacks, and we should see that they would not belie their colour. I begged of Grant to spare the women and children, who, whatever we might have done to offend, could not have injured any body. After a great deal of difficulty, I got him to consent that, upon condition of our all going away, and giving up all public property, our lives should be spared, and 1 then went to Fort Douglas to carry the conditions, many of the half-breeds being very unwilling that 1 should be allowed to go, and warning me against the impossibility of my escaping from them, and cautioning me against attempting it. The terms were not at first agreed to, but after some consideration the}' were, and we prepared to go away. We went away on the even- ing of the --d, having given every thing up to Cuthbert Grant, who gave a receipt for them on behalf of the North- W est Company, and we proceeded on our way by water to Hudson's Bay, Go the 24th we were met by Mr. ■ 239 Ih ave Archibald Norman M'Leod, and a large party of persons} there were nine or ten large canoes, I should think, of them. When we got near, they asked if Mr. Semple was ill ihe party; or if Mr. Uobertson was there; tjjey asked in very opprobrious terms for Mr. Seniple and Mr. Robert- son, and being informed they were not, and also made ac- quainted with the fate of Mr. Seniple and the officers of the colony, they inquired if I was there. Being informed I was, wc were all ordered to put on shore, and we did so. All our papers and trunks were examined, and such of the papers kept as Mr. M'Lcod, together with the other part- ners, chose ; and 1 was made prisoner there. Attornei^'General. Was you personally examined re- lative to the afl'air of the lyth by Mr. M'Leod ? Mr. Pritchard. Yes, 1 was, and I told him all I knew. With Mr. M'Leod's party I saw Mr. Alexander M'Kenzie, and I think Mr. M'Gillis, but 1 am not quite sure about Mr. M'Gillis. After meeting Mr. M'Leod and his party, we encamped at a place called Netley Creek, about two miles lower down ; a general encampment was made there. Whilst there, a number of those we left at Fort Douglas, and who had been engaged on the 19th June, came to Metley Creek encampment. 1 was a prisoner, and 1 can- not say how they were received, as I did not see them received. Cuthbert Grant was not among this party. Fraser was amongst them, and there were several whose names i do not recollect, but 1 know Grant was not one. We who were prisoners were sent to Point au Foutre, in charge of the half-breeds and cluers that came down from Fort Douglas, and the others went with Mr. M'Leod to Fort Douglas, as 1 believe, but we were not sent to Point au Foutre till Mr. M'Leod's return from Fort Douglas, I did not return to Fort Douglas. I remained at Metley Creek, and 1 went with Bourke, Heden, Corcoran, and M'Kay, to Point au Foutre, upon Mr. M'Leod's return to Fort Douglas, and staid there till he joined us, when we all set off together, under the direction of Mr. M'Leod, for Fort William. On Mr. M'Leod's return from Fort Douglas he brought some field-pieces and siuall arms belonging to the Ksettlement. ♦r •ft ' 4 i ■ fl '• .*, ' * '. \ v;'/K.'f ' .'. « • . ..^ > « ,'•». I ■ 240 Cross'ExantintUiun, conducted bj/ Mr. Siikuwuod. Mr. Sherwood. Did you ever sec the whole account you have been giving us, published in a book, with the affidavits of the persons who survived the M)th June, any where? Mr. Pritchard* Yes, I have seen them in print cer- tainly. Mr. Sherwood. Mr. Pritchard ? Mr. Pritthard. Mr. SherTC'ood. Uo you know who published them. -■t No, 1 cannot say that I do know. As you cannot tell who fired first on the IQth of June, of course you will not say it was not your party any more than it was. How happen you not to know i Mr. Pritchard. I was more attentive to my own life than to who might fire first, for from the moment 1 saw them advance towards us I expected to be attacked. Air. Sherwood. You saw the letter of Cuthbert Grant, I think you say, before. How did it come into Mr. Sem- ple's possession, it being addressed to Mr. Cameron? Mr. Pritchard. It was intercepted by our people. Mr. Sherwood. Do you remember, Sir, on what day Fort Gibraltar was taken ; or first, I will ask you, by what authority the letter was intercepted f Mr. Pritchard. I believe it was done by direction of Mr. Colin Robertson. Fort Gibraltar was taken the I7th March, St. Patrick's day, towards, or rather on the evening of that day. Mr. Sherwood. There was a Mr. Holte, I think you say, among those who fell in that engagement. Was he a moderate, peaceable man, or a rash, imprudent, head- strong person P Mr, Pritchard. There was a Lieutenant Holte, a Swede, who perished on the 19th June. He was a very fair, upright man. I cannot speak particularly of his temper. Mr. Sherwood. Would you know his hand-writing if you were to see it, so as to enable you to say whethf this letter is in his owu hund-writing or nutf (the Utte was .■ .y f- • any 241 handed to Mr. P.) \» that the Mr. Holtp's « ritiog who fell in the cngfigcincni ? Mr. PriUhnrd. Yes, it is the h\te Mr. Ilolte's writing. (The letter iVom (). lioho, dated l\)it Duughis, April 14, I8IC, see Brown and noucher's Trial, page 9;{, was then put iu and read.) Mr, Sherwood. Who was it addressed to, Sir? Mr. Pritchard. It was addressed to myself. Mr. S/iernood. J'ray, Sir, who might he meant hy " Mr. Lofty, who onee injured your ciiaractcr r" Mr. Pritchard. Hy Mr. Lofty, was meant Mr. Colin Uubertson. Mr. Shcrti'ood. Mr. Colin IJohertson was a very active man in tlie Hudson^s Bay service, was not he ? is he the gentleman wiio thought proper to steal the letters, or to order it to be donef Mr. Pritchard. It was by Mr. Colin Robertson's direc- tions that it was done. Mr. Sherwood. Was he a servant of the Hudson's Bay Company i Mr. Pritchard. 1 do not know that he was a servant. Mr, Sherwood, Do you recollect what it was Mr. llolte olluded to, in that part where he speaks of his passions often getting the better of him, and his wishing them to the devil ? Mr. Pritchard. No, I do not at this distance of time. Mr. Sherwood here put some questions to the wiiaess, relative to the local situation of the Norih-\\'est Com- pany's post, commonly culled Basde la lliviere, in answer to which, Mr. Pritchard stated, that it was situated near the M)outh of the Hivcr \\ inipic, where it falls into the Lake, and that all the canoes going into the interior, necessarily must puss near it*. ♦^1 t . 4 ■« .:-^'i'S r -i'.- was • The evideucc has been strangely misrtpicseiitiul in tliis point, in thr short-hand writer's notes, as well as in the printed Report published by the North-U est Company, where it is given as follows : Mr. Slicnoood, By the bottom of the Itiver, where this man of war ■chooner was to be stationed, what place was meant i I I «4!2 ■i J >' ^ 3/r. Sherwood. It was in April, I think, tlic letter wns written, and instead of giviuj; the Norih-VVesl rascals, as lie culls them, the dtuhbiiit; (if he could), he went iiitu this engagement in June, his proper glory not being ready for him at the time; unfortunately for him, the Norih-VVest rascals, as he calls them, defended their own property, and gave hitn a drubbing. Who, Sir, is this Mr. Pambrun, Mr. Robertson's olio of perfection ; is it the Mr. Pambrun we had here the other day as a witness ? Mr. PritcharJ. It is the same person, 1 believe, who was here. Mr. Sherwood. This olio also found Mr. Macdonell too strong for his veterans, I believe ? Mr. Pritchard. I do not know any thing about that. Mr. Pritchard here explained to the Courts that Iloltt O'flS a perton in whom Governor Semple placed no confidence ; that at one time he understood Governor Semple had it in contemplation to station the schooner in lied River below the Settlement^ in order to reptl the attack of a party of half-breeds, under the command of fVilliam Shaw and Simon M^Gillivray, who were expected to arrive by way of the Lake to assist in destroying the colony : but that this inten- tion had been afterwards abandoned by Governor Semple, and the schooner hauled up on shore. Mr. Pritchard. By it was meant the bottom of Uic River Winipic. Mr. Sherwood. It was at that place he meant to have stopped the canoei from Fort William, had he lived long enough, I suppose, nothing could have passed from or to the interior, without going within reach of this man of war schooner ? Mr. Pritchard. No, ev ery thing must pass that spot. This misrepresentation is the more extraordinary, as the statement here put into Mr. Pritchard's mouth, is inconsistent ivith Holte's Utter itself, which speaks of the schooner being stationed at the bottom qf " this River," viz. Red River (see the letter at p. 9S^. It is also remarkable, that tlie particular explanation on the subject qf the schooner, which Mr. Pritchard entered into immediatelif qfterwards, is entirely omitted in th« Report. •l, 243 PATRICK CORCORAN, iworn. Kxamined htj the Attorn ey-CJ rn rral. Corcoran. I was at Fort Qui Appcllc in April 1816. I wns there ji prisoner, liaving been taken, toj^etiier with a party that acct)mpatiie(l mc, by some half-breeds, and carried to the North-West fort at Qui Appelle. Mr. Alexander Macdoncll was in charge there, and there was a large collection of persons at the fort from difTerent places ; a nnich larger number of half-breeds were lliere than, I iniaginp, usually were stationed there. Of these half-breed» whom I saw there, 1 knew Cuihbert Grant and several others by sight. I knew a good many by sight, though I did not know their names. One Lacertc was there, and Antoine lloole. I recollect them. J generally heard ihera call Cuihbert Grant Captain. AUorney-General, Did you hear any reason given for 80 large a number of persons being at Qui Appelle? Corcoran. 1 generally understood that they were col- lected from different parts, with an intention of going down to attack the Settlement; that was the general talk at the fort. It was not made any secret, that their object was to attack and break up the Settlement. Pangman, or Bos- tonois, was there at that time alon with Cuthbert Grant, and Grant said they would come down to Red River, and visit Mri Robertson, who should see what they could do. Attorney-GeneraU When the party set oflF, did you hear Mr. Macdonell give them any orders, and to whom } Corcoran. 1 did not hear Mr. Macdonell give any orders, but I know that Cuthbert Grant had the command. Attorneij-General. How long were your party detained ? Corcoran, The rest of our party was soon liberated, that is, in four or five days ; but myself, Jordan, and Mr. Pambrun, were detained for a good while afterwards. AUorney-General. Was you well treated while there ? Corcoran, No, we certainly were not. I was permitted t!: •I '■| T" • » m 1 , I •.•>«'■ i * - ••<. :■, 1 . * ••• ■ •• ( ur f* * 1 h - . • . ■ I >■ ,-' ,i •■ >■ •1. !! t '• ■ ->• . <» ' t • , V i 1 , S; ■-ur^ •■«! . )v " 1 ,, t '; « .-. ' k is .' •<■';• "' ' . ' :i. '. '"i • [i \ ..■^• n ' ' '' */ w; ' ; • • . ■, 'U^ 'iK, ^^{•■•;i i- 1. . . . *> •■'■ r /. > ■ -* 1 ?. * 1* V :-t.-. ■' "^ • ■ • '.. >t' •'.' ■ • ' 1.T ■ )']« /■ • • •i.'.l .'\ • ■ ', ■■ K ' ■'"' * : '. . '; 1- * « ' ^!^'l§ t* ■'• ■ ■} '• ' ♦ , - ^ -L . *-' '■ '■'■. "kV r >•/ ■:'.''^- ' ' ,.' ^ ■ ^ . ■' '■•J ' ', . ^ * .11:€^ ,■• ' , 1 >« .■ '.U' 1 " ' .;;'t •i ».' '^? • ■ , ;.;i "..J i ■ '■'>' T - <•> -H ..-f' *■ . ,.^!>' ■ t • .. - >*ii- ^ •i h .. ■ ?'?? .■«!^", ';■' '<^ •1 ■^ •• •', l'' ■^: t A .:>' 'A^ ^4 afterwards to go, under a promise that I would not fight against the North-West Company. ylttortiey-Ci emral. Did you ever inquire why you was detained ? Corcoran. I did ot" Mr. Macdonell himself, and he told me openly it was by his orders. Attorney-General. Was the Settlement in want of ihe provisions which were taken from you at Qui Appelle ? Corcoran. Yes, they were ; when we left they had only sixteen bags. At the time it was taken, Grant promised we should have one boat-load, but upon our asking Mr. Macdonell to let it be sent, he refused, and said he did not care whether they starved or not, for it was not his look- out; he began to sacre in French, but 1 could not say for certain at what, but it appeared to me that it was against me. jittorney 'General. Had Mr. Macdonell agreed to send the boat-load of provisions ? Corcoran. Yes, he did on:e; but when I spoke to him he did not recollect any premise of the kind. Attornei/'General. Are you confident that you heard them declare it was their intention to attack the fort ? Corcoran. Yes, I am sure I heard several say so. I heard them say they would go down, and if they caught Mr. Robertson, they would tie him to a tree and skin him alive. Cuthbert Grant said, we will send you off as we did before, and if you come back we will send you to hell, for you have no business here. All this took place in May. I was allowed to go upon condition that [ did not bear arms against the North-West Company. As soon as I got to Fort Douglas, 1 told them all that I had seen. In conse- quence v/e kept a watch night and day, to give notice of their approach. On the IQth June, I had been at work, preparing pickets, and when my work was finished, I went to the house of M'Nolty, and shortly after the alarm was given tliat some half-breeds were come. I went on a little way towards the Settlem«;nt, but thinking it nothing, I returned to the fort. 1 saw some of our people looking out from the top of the bastion, and I saw the Governor, with ► 245 was told a number of people, going towards the Settlement, but I did not go with them. In a short time after I heard the firing of shots frequently. Atlorney-Generctt. Do you know who they were who fired them ? Corcoran. No, I do not. I did not know any thing about it till some of the people came home who had gone with Mr. Semple, and I heard Heden tell about it. Atlorney-General. You must not tell us what Heden told you, but only what you saw yourself. Did you the next day see any half-breeds come to Fort Douglas? Corcoran. Yes, on the 20th I saw a good number come to the fort, and 1 was then given to understand that we were all to leave it as soon as we could get ready to go, and that we were only to be allowed to take just what belonged to us, but that all the public property, with what belonged to liOrd Selkirk, was to be left behind, and that it was on those terms only that our lives were spared. I saw a number of dead bodies, and amongst them was the body of Mr. Semple dead; they were brought in on the morning of the 20th, about eight or nine of them 1 suppose. We remained till the 24th June, and then we all went away in boats towards Hudson's Bay. The next day we met several canoes. I saw Mr. M'Kenzie in a canoe ; I also saw Dr. M'Laughlin at Netley Creek, where we were afterwards sent to, but I am not sure that I saw him in a canoe. I also saw Mr. M'Donald, but I do not think he came in the same party that we met in those canoes, but I saw him at Netley Creek. Attorneij-General. Was Mr. John Siveright there ? Corcoran. I do not recollect that he was j 1 do not think that I saw him there. They inquired for Governor Semple and Mr. Robertson in very violent language, and being informed that Mr. Robertson was not with us, and that Mr. Semple and the others had been killed on the I9th, they inquired for Mr. Pritchard,and when they heard that he was with us, we were ordered to put ashore, which was done. Mr. Pritchard was examined personally, and his paper^i searched, and shortly after we were all seiu tu Netley i '■■■ '^ yi ? . t ,i-< ' ■'.V ::i- 1 V «.. .".l . i^y.f '.^.>*- • ) m. ■ M •I, < ■ + -, , :■:# ■ - * v : ■ v' - : » • .■■ •,». r 246 Creek, and some of their party proceeded, as I believe, to Fort Douglas, at least 1 understood so. Whilst we were at Netley Creek, a party of half-breeds came from Fort Dou- glas ; sonic of the same that we had left in possession of it at coming away, and who, I have every reason to believe, had been engaged in the alFair of the lyih June. Amongst the persons, I recollect particularly seeing Boucher, and Alex- ander Fraser, the one a half-breed, and the other a Cana- dian. They appeared to be very well received by all the gentlemen, as far as I saw. 1 saw them walking to and fro frequently in conversation, but I cannot say that 1 heard so as to remember any particulars about it. Attorney-Gvneral. Did your people give any account of the matter to these gentlemen I Corcoran. Yes, we gave all the particulars very fre- quently, as it was quite the common topic of conversation. Some said it was not true; others that it was our fault, and that of our bourgeois, and some said they were sorry for it ; but they did not appear to be sorry, but rather the contrary. Attorney-General. Do you know which of the persons it was that severally made these observations ? Corcoran. No, I cannot tell which of them it was. Attorney-General. You have not spoken as to Mr. M'Gillis ; did you see him f Corcoran, Yes, I saw Mr. Hugh M'Gillis. I do not recollect that I saw Mr. Siveright there at all. Cross-examined bt/ Mr. Sherwood. Mr. Sherwood, What distance may it be from Qui Appelle to the Settlement, as your people call it, at lied River ? Corcoran. 1 suppose it may be about three hundred miles, but I have no particular means of judging. Mr. Sherwood, We have heard a good deal about settlers; pray, Sir, what do you mean by settlers ? Corcoran. By settlers 1 mean farmers, persons who cultivate ihe ground. We call them the settlers. 247 Mr, Sherwood. Although farmers, were they accostomed to eat pemican, and glad to get it? Corcoran. They used to cat pemican, and were glad to get it when they were hungry, I dare say. Mr. Sherwood. Could grain, Sir^ be produced in that arid climate, and of what kinds ? Corcoran. All kinds would grow there as well as here, and some better, I think. Mr. Sherwood. Do you happen to know where the pickets you had been employed in putting up on the 19lh June came from, or who they had formerly belonged to ? Corcoran. 1 cannot say positively, but I believe they came from the fort that was formerly at the Red River Forks. Mr. Sherwood. Then they were part of the plundered property of Fort Gibraltar, were they not ? Corcoran. I cannot say positively that they were, but I believe they were brought from there. Mr. Sherwood. Of what description were they ? what sort of wood, I mean ? Corcoran. Some were oak, and some poplar. Mr. Sherwood. You say you did not meet Mr. Sive- right ; are you sure 3'ou met the others ? Corcoran, I met the live, I am nearly confident, but Mr. Siveright I did not see. Mr. Sherwood. Nor did you see Cuthbert Grant, nor Louis Morain, did you ? Corcoran. Ko, 1 did not see either of them. Mr. Sherwood, I would beg, my Lords, to remark, that these gentlemen are indicted as accessaries to Grant and Morain; what passed therefore with other persons, 1 take it, cannot be evidence against them. 1 merely make the observation, but do not intend to enlarge upon it, for I believe the witness does not speak to any thing that passed between these gentlemen and any body who came from Fort Douglas. Who did you see at Netley Creek fr^^m Fort Douglas, that you suppose or know, had been engaged in the affair of the 19th .Tune i 'f '• • * ( :^- ■■■■ '-.■ :%> :'$' n- .V. V'-K.-' J- V i ( ',■ '•;;-V' t ■■f ■• '',.'«• i 1 ' • .r.'V : 'M. ;;/.;•- • « i ' ' " * M%-. '• '-i ' \*» ■_ * • '■ .. .. r< N.-'. •'.■'"' •■ ' r • • ' ; ■ '' » f * t. i," '' ■»■»■» T* Ipt' • . *•• It-f .<..-t '" .*.>' '■'.-»', ■ < '.!'•' ♦ ' ' "* 1. . • •■ _ • ^^^l*^- ii »■ *■'■» f . , (''••^■. •■•J V' ■ '•. ■'■ J* • ■ '.V?.' i' , 4 . ' ii . ■ .". \.:\^' ■ .' > t 1 ■■■-*;» ('' ' #' X- ■•«. . I*- r • V-.. .;^ ■ t' •, ■ ,,* '■ :*»- ,.||, f- 'M : '^ ^ ::.:^| !■;■■■■ ,-.: ii . ■ ■^ ■?. I ' x ■1')^. ,■ »rt' •^\- •>'W •I- »'• -i"* Uv: ..^v •v>-: ^^ «.• « ■<'',$•■ ■ ■:. it . .■* S48 Corcoran. I saw Alexander Fraser, who wns a Imlf- breed, and a Canadian named Boucher, besides oiliers whose names 1 do not recollect. Mr. Sherwood. Did you hear them say that it was the fault of Governor Semple, that what occurred at Red River on the 19th June took place, and that if he hud let their party alone, nothing would have happened ? Corcoran. I never heard them say it was Governor Semple's fault ; indeed I do not remember that I talked with them on the subject. Mr. Sherwood. You was* one of the party that went from Fort Oouglas to Qui Appelle; do you know for what purpose you went there f Corcoran. We went to fetch provisions, and to bring down the furs which had been collected. Mr. Sherwood. Was that your only object? Do you not know of any orders to take the North- West post at Qui Appelle, in the same way that their Fort Gibraltar had been taken ? Corcoran. No, I do not. I do not believe there were any orders of that kind given. We were to go to Brandon House, and from there proceed to the Hudson's Bay fort at Qui Appelle, if it should, upon consulting those in charge at Brandon House, be thought advisable, but we had no intention of going to the North- West post on River Qui Appelle. Mr. Sherwood. That expedition went under command of Mr. Pambrun, who had formerly been an officer in the army ? Corcoran. Mr. Pambrun had tlie direction of the party. Mr. Sherwood. Do you know any thing of Mr. Pam- brun's instructions, or who he received them Irom ? Corcoran. 1 know that Mr. Pambrun had instructions, and that he received them from Governor Semple. Mr. Sherwood. And how do you know what his in- structions were? because his telling you what they were, will not do liere for evidence. You said just now you 1^9 knew there was no intention to tnke Fort Qui Appelle i now iilthough you had no itistructions given you of that nature, how do you know what Mr. Pambrun received ? Corcoran, 1 should know if 1 read them, and I know that his instructions were not to commence an attack, but should he he molested he was to defend himself. His in- structions were contained in a letter from Mr. Semple, ad* dressed to Mr. Pambrun. Mr. Sherwood. That you are sure of? Attorney-General. I will just mention, as it may save time, that I have them in my hand, and shall prove them by Mr. Pambrun himself, whom I propose to make my next witness. Mr, Sherwood. Then I have done with Corcoran* PIERRE CMRISOLOGUE PAMBRUN, sworn, iJtflmfwerffty /Ac Attorney-General. Mr. Pambrun. I was, in 1816, in the service of the Hudson's Bay Company. I was engaged at Montreal by their agent, and went up to the Red River in their service. I was sent to Qui Appelle to get provisions from the Hud- son's Bay post on that river, and take them to Fort Dou- glas. 1 received written instructions from Governor Sem- ple for my conduct. My instructions were in writing. Attorney-General. IHd you, Sir, set off with any hos- tile intentions, or had you any intention of going to the North-West fort situated on Qui Appelle i Mr. Pamhrnn. No, certainly not. I merely went for provisions, and had no hostile intention whatever against the North-West. Attornei/'General. Will you look at this letter, and say if it contains the instructions which you received? Mr, Pambrun. It does ; that is the letter I received coruaining my instructions from Governor Semple. (Thf!- following tetttr ads thett put in and read,) a k ; -"f' I. ..^^j, •.■'A4 '•■v\ ■ ■ ■4 ■viv> . 0^ :'•'„ C .V V'ji',,. ;i •fl'! V ^:^3 HbO Fort Douglas, 12M April, 1816. A/r. Pambrun, Srn, Having received intelligence from various quarters, that the agents of the North-West Company intend attempting to inter- rupt our boats in their passage from Qui Appelle hither, you will proceed, as soon as possible, with the men uhom Mr. Ro- bertson will place under your orde«'s, to Brandon House. When there, you will concert with Mr. Peter Fidler how far it may be advisable to proceed to Qui Appelle, or remain at Brandon. In cither case, however, the power of deciding will rest entirely with yourself. It is my wish that you avoid every act of hostility until fully justified by the conduct of our enemies. The half-breeds having been ordered to assemble at the French fort at Qui Appelle, any acts of hostility committed by them, must be considered as com- mitted by immediate and authorised agents of the North-West Company, and repelled, or retaliated accordin!',ly. I trust, how- ever, that your moderation, and the cooler reflection of our op- ponents, will prevent any serious disturbance taking place. Should I, however, be unfortunately mistaken, you will remem- ber that the quarrels in which you have before taken a part, may have been greatly more important, but could not be more just. I am. Sir, Your*» sincerely, (Signed) ROBERT SEMPLE. Attorne?/ 'General. I believe, Sir, you was an officer in the English service during the late war between the United States and England, and the allusion at the conclusion of Mr. Semple's letter, 1 presume, refers to that circunti- stance; does it not? Mr. Pambrun. Yes, I was, and it is to that circum- stance that Mr, Semple's letter refers. Attornejj'General. Did you see Mr. Semple after re- ceiving those instructions, previous to your setting out for Brandon House f f^. ' 351 Mr. Pambrun. No, I did not. 1 set out on receiving them for Brandon House immediately. I went first to Brandon House, and from there I went on to Qui Appelle, having consulted Mr. Fidlcr, agreeably to my instructiona, and who considered it prudent for me to do so. On ar- riving at the Hudson's Bay post at Qui Appelle, I under- stood that a very large assemblage of half-breeds and In- dians were gathered at Fort Qui Appelle, and that they were training to the use of arms every day, mounting guard and exercising. I was given to understand that their assembling in such numbers, was for the purpose of making an attack upon the Settlement at Red River, and to take Fort Douglas. After I had been a few days at the fort, I told Mr. James Sutherland that I thought it would be better to try and make some arrangement. Mr. Sutherland saw one of their people, and said that he hoped, should they chance to meet us, we should not be harassed or stopped by them . Mr. Sutherland was told, that unless be (Mr. S.) would promise that their people should not be molested below, no promise that we should not, would be made. Mr. Sutherland told them he would undertake, if they were peaceable, no interruption would be given, nor would they be meddled with, unless they interrupted our people. We left the fort of Qui Appelle, I think, on or about the 5th of May, with five boats [canoesl^, loaded with pemican and furs, and drifted down "^o the Grand Rapids. When near them, I put on shore in a boat. 1 had not come to shore many minutes, before about thirty men sprang out from behind a parcel of bushes, and called to me to surrender. I did not immediately, but after making resistance some time, finding I should be overpowered, I gave up, and the boats were sent on the other side of the river, after landing the pemican. We were taken to the North-West fort Qui Appelle. Cuthbert Grant, Thomas M'Kay, and Pangman Bostonois, were amongst the party who took us prisoners, and conducted us back to Qui Ap- pelle. It was an armed party that took us, or we should not have given up. When I got to the Fort Qui Appelle, I saw Mr. Alexander Macdonell, who was in command <• - ' 1 * til •*■■•**■ : s >^h • - .. « t .. .• i-:.: 1i V^ I >*■ 1 i . ■,,i •i?- •■-•- iT •■ - r ■ f ■->* 'i ^ I, «52 there ; be came to me shortly after my reaching the fort, and took me to his house, and 1 had supper. I saw a number of them, the people who had taken me a pri- soner, at the table, and Mr. Alexander Macdonell was there alao. I asked Mr. Macdonell, by whose authority I had been taken priccner, and he told me that it was by his ; that he had sent the party which followed me, and had directed them to bring me back. I found at this fort a very great number of Bois-bruies, who had come from different posts, some of them from a very great distance, as far as Cumberland House. Mr. Macdonell said, I had been taken in retaliation for Mr. Uobertson having taken Fort Gibraltar. The object of this large assemblage of persons from distant posts, was talked of freely and open- ly, that it was to go down and root out the Settlement at Red River, and take Fort Douglas; the object was not hid. It was the common conversation at the fort, that they were going down. I heard that Mr. Macdonell said the aifai** of last year was a trifle, or as nothing, to what this year should be ; that the half-breeds and North-West were now all as one, and if any resistance was made to the half-breeds that they would rinse (drench) the lands with our blood. 1 heard them frequently talk together of going down to destroy the Settlement, and Cuthbert Grant amongst others. At the time Mr. Macdonell told me that the North-West people were sent to stop me, in re- taliation for Mr. Robertson taking Fort Gibraltar, he said he would starve the Hudson's Bay servants and co- lonists, and make them surrender. After being kept there prisoner for some time, we all left Qui Appelle together. I ought to have mentioned, that the people who were taken with me had been sent away, a promise being obtained from them that they would not serve against the colony (North-West; J mean). After setting off, we drifted down to the place where I had been made prisoner and robbed ; and the provisions, $cc. which had been landed, were taken into the boats, and we proceeded to the Forks of Qui Appelle, where we encamped. V\'e were met at ihis place by Alexander Macdonell| who had two boats. they 253 At the Forks we met a parcel of liuUans and half-breeds, and Mr. Macdonell made a speech to them, explaioing that the party were going down to attack the English, (the name by which the North-V\'c8t people always call the Hudson's Bay people) and drive them away, or if they made resistance, (drench) rinse the land with their blood. Me said to them, " My friends, I address you shamefully, *' (with shame,) for I am in distress that I have not a pipe " of tobacco to give you, but all our merchandiise and " provisions have been taken by the English, who are our " enemies and yours, as they have taken your lands; — the '' purpose of my speech to you is to tell you, I and ** my young men arc going down to chastise these people, '' who have robbed us, and who are deceiving you ; they " tell you they will cultivate your land, but they arc '' driving the buffalo from it, and then you will be u)ise- ** rable. We are now going down to drive them away, " and shall be glad if you, (speaking to the Chief,) and " some of your young men would join us, but if you do *' not come with us, we shall go nevertheless, and if *' they make any resistance, we will drench [rime} your " land with their blood." That was the purport of his speech ; 1 cannot say for the exact words, but that was what it meant. It was repeated in Saulteux Indian by Pangman and Primeau, who interpreted what Mr. Mac- donell (who spoke French) said. The Chief said he should not go himself; as for his young men, they might do as they chose, but they did not any of them go, as 1 believe. We remained about twenty-four hours there, and then went on towards the Grand ilapids of Ossiuiboine River, the half-breeds generally by land. When we arrived there, a party was sent to Brandon House, and among them Cuthbert Grant and Mr. Macdonell went. 1 was left at the Grand Kapids at that time, but remained a prisoner. In the evening, about seven or eight o'clock, a horse was brought by Alexander Fraser and Taupier, and 1 was told I was to go to the post at Brandon House. I accordingly went. When I arrived at their fort, or got near to it, I iaw a great mob of people about the gate with arms. My s:h^ y »V It.' >•» ^> ii r^ ' \, 1 had seen them there a few days before, and I saw a great quantity of otiier things that I knew came from HiTtiidon House; and shortly after, 1 saw two of Mr. Tidler's men prisoners, and I then learnt that Brandon House had been pillaged by the party that had left us, as I before stated. Tlic lialf-breeds were here divided into different parties, and leaders appointed to them. Cuthbert Grant, Antoine Hoole, Lacerte, Alex- ander Fraser, and Seraphim Laniarre, were appointed to act under Alexander Macdonell, who had command of the whole. This being done, they set off for Portage des Prairies, part of them going by water and part by land. At Portage des Prairies, our property,(that is, the pemican,) as well as theirs, was formed into a sort of battery, and two brass swivel pieces of cannon, which had been stolen from the Settlement the year before, were mounted. We encamped at Portage des Prairies, and remained there two days. On the 18th June in the morning, the half- breeds, or a great part of them, at least about sixty to seventy, with a few Canadians, armed with guns, pistols, spears, and lances, set out, under the command of Cuth- bert Grant, to go to the Settlement at Red River. About thirty staid with Alexander Macdonell, and among them I remained. Their blacksmith was employed in mcking spears, and 1 was told they were to be used against the English, whom they were going to drive out of the river. On the 20lh, we heard of the party that had started. A messenger arrived from Cuthbert Grant in the evening, one Andre Trottier [^Alexander Triquet] ; it was not the messen- ger that was expected. Upon seeing him approach, Mr. 1 t)r.r. .V Alexander Macilonell, Allan Macdonell.Siverighl, Lumarre* and others, Weill forward, and seeing it wasa messenger from Grant, lliey gave three huzzns, with their liuls. >\ hen he came nigli the camp, they in(|uiie(l " f/ucllr. uniive/lr,'^ and ii|»()n ht'iiig tohl tlj.it Mr. Seinple and twenty or more others had been killed, they hiiz/caed anil shouted for joy, most partieularly Siveright, Laniarre, and Allan Mae- donell; iheni I distinguished partieulaily. Mr. Alexander Maedonell went to give the news to llu' other people, and 1 heard him any, "Sacri nom dc Diciil bonnes fwuvtllts, " vingt-deux Jnirluis dt tuts*' IJostonois I'angman inijuired whether there were any kilitd on the side of the half- breeds, and being told that there had been one, and who it was, he said that it was his cousin, and that he would be revenged on all the English ; that the afTair should not end here. Siveright was present ; IJostonois spoke French ; what he said amounted to this: " theail'air shall not end " here, as my cousin is killed, so they shall all be killed ; " none of those dogs shall leave the river, for if they are " allowed to go away, they will always be coming back, " as they did last year, and therefore not one of them " should leave the river, as there would always be dis- " turbance and mischief, so long as they were allowed to " live." Bonhomme Montour, and Latour, were imme- diately sent off to Red River, to desire Grant not to let the settlers go away till Mr. Maedonell should arrive at Fort Douglas with his party. Some time after we con- tinued our route towards Fort Douglas by land, to within about thirty miles, when I was put into a boat and went the remainder of the distance by water. I found Fort Douglas in possession of the half-breeds ; of Cuthbert Grant and others of the party who had started on the 18th from Portage des Prairies. Attorney-General. Were any of the prisoners at Fort Douglas f Mr. Pambrun. Only Mr. Siveright; the others came a day or soafterwaids with Mr. Norman M'Leod, and then a council was held with the half-breeds. I saw Mr. Alexander M'Kenzie, Mr. Hugh M'Gillis, Mr. .John ..■t ■ « • 266 S'l. V • ■* ■ ' * ■ ■■ ■ t" • •>t * ;»■ ' s' ■ '»' - ■:VJ •.*•■ ■f .'. 1- i. ■ I*. ■i"» v^t ■ .1 .•^: ■ :< ":V, V- ■ ' '•■ «' . i-i' < M*LnughIin, and Mr. M'Donald ; [ alto saw Mr. Sive* right there. Altorncif-Cevcral. lie wni the one who huzzaed at Fortnge des Prairies, was he not, when the news was first brouglil of tliis melancholy affair ? Mr. Pambrun. Yes, it was he, and Lamarre, and Allan Macdonell, but Siveriglit did not attend the council. JUorney-General. You liave not said any thing about Mr. Simon Fraser, was he there or not? Ah, Pambrun, T do not recollect whether he was or not, but all the others I am sure were; Mr. Fraser I du not recollect. Attorney-General. Did you see Mr. M'Leod at Fort Douglas in his capacity of a magistrate? Mr, Pambrun. I was taken before Mr. M'Leod when he was in the room formerly occupied by the late Gover- nor Semple, but I do not know for what, as he did not ap^ pear to wish for any information, but what he got from the half-breeds or others of his own party. J Itorney •General. Did these gentlemen know of the affair of the IQih June, and that the persons you found in possession of the fort upon your arrival there, had been engaged in it? Mr, Pambrun. Yes, they must have known it, because it was the general topic of conversation ; nothing else was talked of. Attorney-General. Did they appear displeased with the half-breeds and others who had been engaged in that affair? Mr. Pambrun. No, not at all, quite the contrary; they appeared pleased, and rewarded them ; they dined con- stantly at the same table, and were always together. A council was held after Mr. M'Leod arrived, and some few bales of clothing were brought out, and given to them^ The half-breeds gathered together, and Mr. M*Leod made a speech to them, thanking them for what they had done^ and gave them presents of clothing ; and as there were more persons than there were suits, those who did not gel 2J7 them at thut time, were pruimied tlify »tiunlil hive iheia wlu'ti tli(< aiitiiint) caiiucs arrived. yttlornei/-(ienfr(tl. Was you nt tlie council ? Mr. Vamhrun, No, I was not; tlicy would not let me, and it was not my hiisincss to aitond a council of niin- dercrs, hat that was what all who did attend it, said was the nature of Air. M'l,eod'.s speech to those tHiat iiad helped to murder (iovernor Scmplc, xiz. tliat he did not expect to have met so many with Mr. Macdonell, that they were his kinsmen, and had helped them in their time of need, and he had therefore brought elothinu; lor them; hut as there was not .'•■■■ ■ •'tl .*■'. , . :':t ','-: :- '-Sy ■ ' '? ':%. ■•k;*. ■ % '. ** ■ \^ ■ /*' ■ i-' . . ''fi r' "k *,.» ■ ■ i ■ ? * . ■ * i i - .4*5;. ;'• J ■%. ■f • 258 Cross- Exminnalloii, conducted by Mr. Sherwood. Mr. Pawbrun. I received Mr. Semple's letter of in- structi(»ns on the day it bears date, and I set off as soon as I got it. I ^Yas read}' before, and was only waiting for my instructions, which Mr. Semple gave me in writing, 'Ihose instructions you have seen in the letter which con- tained them. Written instructions were frequently given. 1 suppose Mr. Semple imagined I might be slopped, be- cause our people had been stopped before, and also because we knew there was a very large party of lialf-breeds at the North- West Qui Appelle fort. Mr. Shcncood. Do you know, Sir, if part of Mr. Semple's appreliension arose from an idea, as he had taken Fort Gibraltar, that something might be taken from him, or as Mr- Miles Ajacdoneil had taken pcmiean, perhaps pemican might be taken b}' others in return for it ? Mr, Pambnin. 1 do not know thai Mr, Semple took Fort Gibraltar, nor that iNliles INIacdonell took [)emiean. Mr. Shencond. J)o you know, Sir, tliat in March, not long before you started on this unfortunate journey to Qui i\ppelle, Mr. C'oiin Robertson, who s!<>, i do not; I was not there in jNlarcli. Mr. Shincood. ^\ ( 11, Sir, in the month of April; do 3'ou know that it iiad been taken by people from Fort Doutilas under the directions of iliis Mr. Robertson.'' Mr, Puinljniit. In April I knew tiiat it had been taken, but not being there at the time of its l»t ing captured, 1 cannot say by whom. 3Ir. S/!friCO(>d. When, as a soldier, you go to reinforce a place, you generally try to avoid a supc rior force, do you not, to avoid being surprised, or coming lu battle, till you liave elFected a Jiinclion with the body you are sent to reinforce .' Mr. Pumbrun. Of course, when you go to reinforce a place or troops, you try to join them without fighting. .>•■■'■• ■■ , 259 il/r, Sherwood, If you meet a superior force unexpect- edly, are you not obliged to yield? Mr. Pambrun. Yes, if too strong to contend with. J\Jr. Shericood. And this time you met rather unex- pectedly a superior force, and they took you prisoners, was not that it ? Mr. Pambrun. I do not know about meeting a supe- rior force, and being made prisoner. I was met by a party of ruffians, too strong to contend with, and they robbed me of ail my property, and made nie a prisoner. Mr. Shencond. Hostonois i'angman, was he of this party whom you call ruffians? rather a hard name, jMr. Pambrun. Mr. Pambrun. \'es, he was one of the ruffians, for ( cannot call them any else, who robbed me, and treated me as they did. 1 do?i't know what else to call them. fifr. Shcrtcood. lie cool^ — don't get angry — I have a great many questions to put to you. Do you know that Bostonois Pangman had, in March before, been made a prisoner and robbed? did you ever hear of that circum- stance, or any about Fort Pauibina ? Mr. Paitibru?/. I did hear that Pangman was made a prisoner, but I do nut know of his being robbed. Mr. Sfiencocd. Well, then, having been taken [)risoner himself by your people, the tide had turned, and he made you a prisoner. Aye ! well, turn and turn about's fair play. ISow, Sir, I want to know a little more about this extraor- dinary speech of Mr. Macdonell's, in which lie talked of rinsing the land with blood. Did you understand, Sir, what he meant by rinsing? bui first tell us what it was that Mr. Macdoncll did say, because it is very important to a right understanding of you r Mr. Pambrun. I have said it often enough before. Mr. Sherwood. Oh no, you have n»)t, yon must say it again, and perhaps again after that, for I do not at all com- prehend this rinsing or washing the land with blood, bo let us have it again. Mr. I\tmbrui7. He saiti th'it they were going down to drive away the English agnin, ;i!id although tlie Indian* would tK)t go, that thry would. I ,. . . . ■ • l 1 ? ' !,'i^* '■^i.: ' -r;. .;.:•* ;»j* -■'•■S .'■'';'■' ■ ■ -■'■i . ' ,*^- ; \ ' ' ' »* •' * * . ... .■ tV. •'' ■* ^ ! « ,;.'}i- A '■ ■'■, ■ ■ ■ >»i .;<•.; ■ '■■.'^■'■ • <•]:' ' ^ ' ■ . !!''■■"'■, : ."'' .■ "'' i' '. ■ .,.: '. -ii'. t. '^' ■* .1 'Y*^ '■'..■' ■ ■ t '.^ .^ : -K ■ ' ■'*•',' •I' '-k ':^< y^^ : ?s ■Ar, tS' .(■• vt ■■ i- t'' '-.it''- \'- '•. 260 Mr.Skerwoad. Go on, Sir, you are just coining to that part which 1 am desirous to hear again, about rinsing. Mr. Pamhrun. He said, if resistance was made he would drench ; if I said rinse, I did not mean it ; he said lie would drench the lands with the blood of the English, with the blood of the settlers, Mr. Slitrzisood. And you are positive that you heard Mr. Alexander Macdonell make that speech ? Mr. Pambrun. 1 am confident, or do you think I would say it on my oath ? Mr. Sherwood. You have since tiiat time, I believe, made an affidavit of the same circumstances, and detailing the speech ; before whom did you make it, su|)posing you to have made one? Mr. Pambrun. I did make an affidavit of those and other circumstances, before my Lord Selkirk. 3Ir. Sherwood. Did you draw up the affidavit your- self, or if you did not, tell us who did, will you? Mr. Pambrun. I did not write it myself. I do not understand English very well, and did not then so well as do now ; but I told Air. Miles Macdonell what 1 had to swear to, and he wrote it down for me to make oath to. Mr. Shertcood. Pray, Sir, where was your deijositiou taken r jMr. Pambrun. It was taken at Fort \V'illiam. Mr. ShtiKoud. At Fort ^Villiam, was it? how came that? was his Lordship on a visit to the partners of the I^'orth-^Vest Company ; was he a guest at F'ort William ? Mr Pambrun. No, he was not a guest to the North- West Company ; he would not be a guest of theirs, 3'ou may be sure; he would scorn it. Mr. Sherzcood. The affidavit that you made before Lord Selkirk, was it printed at your request, or by your approbation ? Mr. Pambrun. No, it was not at my request, nor indeed with my approbation bting asked. Mr. Shertcood. Do you know that it was printed ? Mr. Pambrun. Yes, 1 do, 1 have seen it in print. i1/r. Sherrcodd. A\'ho was wiih you when you made oath to your deposition r 261 Mr, Pambrun. The Earl of Selkirk and the gentleman who drew it uo for me. It was sworn to before the Earl of Selkirk, as a Magistrate, at Fort William. 37r. Sherwood. Pray, Sir, how did Lord Selkirk happen to beat Fort William, taking depositions as a Magistrate, in the house of the North-West Company ? Mr. Pambrun. Lord Selkirk came to Fort William to look after the murderers of the IQlh June, in his capacity of a Magistrate, and being resisted, he took possession of the fort, and I believe it was in that manner he happened to be at Fort William. Mr. Slitrrcood. Was you at Fort William at the time? Mr. Pambrun. Yes, I was. I had been brought down from Fort Douglas before Lord Selkirk arrived. Mr. Sherzcood. And what was done with the gentlemen belonging to the North- West Company who were at Fort W'illiam ? Mr. Pambrun. They were sent to Canada, I believe, to take their trials. J know^ they went away. il/r. Sfieritood. Were you very glad that they were sent away f Mr. Pambrun. I do not know that I was glad. Mr. Sherzcood. Well then, were you sorry that they were sent away ? Mr. Pambrun. No, I cannot say that I was sorry. Mr. Sherwood. But you must have been glad or sorry; one or the other you must have been, and I only want to know which t Mr. Pambrun. I tell you I don't-know that I was glad, nor do I know that 1 was sorry : do you know belter than me what 1 was? Mr. Shenvood. \ou are not to catechize me. Ii is not you wiio are to examine me; it is 1 who am to examine you, and 1 ask you again, was you glad or sorry that the North- West gentlemen were turned out of their houses, and their propc'ty taken from them, by your master, Lord Selkirk ? now. Sir, instead of asking mc a qiic=iion, answer mine r Mr. Pambrun. I do not know that I was glad or sorry I I.. . < '■■4 'vvt't •I-VK , . r • : \m '■ ir . mA • , ■ ' i 1 '. •; ••>■ , '« ,■'» '» . ■^h^'i^ ' "'ri'. •'i* • 'i;''r '/Ivi * .'•••. .' •^i-:^^n .,:)•• ■?s ■ ■ i"". ' >*» ■ »i 0'? . ,' ■* ' > ■ ■ « , ,\.^ i 1 ■ ;'■ f , . ■,: + .-■, •I I ,^' 262 of what you say, because I do not know that it took place. I could not but be glad that murderers were brought to justice, and such I considered them. Mr. Shencood. That is your opinion, is it? I daresay you considered Paul Urown and Boucher murderers, as your master did, but a Jury of impartial persons have thought difierently. Do you know of any right that Lord Selkirk had to take Fort William ? Mr. Painhnw. I believe that if he bad not taken it, that he and all with him would have been massacred by tlie Norih-West people, and that 1 should think reason enough. When Lord Selkirk iirst came, he did not take the fort, it was not till be had information that they in- tended to attack hiin and his party, that in self-preservation he took it. 3Ir. Slieruood. How do you presume, Sir, to suppose that the IScnth-West Company would have Jiiassacred Lord Selkirk and his party, even if they had attempted to get possession of their houses and property I Mr. Pambrun. 1 do believe they intended it, for they gave their words of honour to Lord Selkirk, that they would not attempt any thing against him, nor move any ihing. When, after giving that promise, 1 know that gunpowder was taken away and hid in a swamp behind the house, and that arms were concealed, 1 cannot doubt but that tbty did intend to massacre the whole party. Mr. i^herzcood. Vou were in the habit of dining with these Gentlemen, Sir, when you weie at I'\)rt \\ iUiam? Mr. Pambrun. 1 was accustomed to dine at their table. Mr. Sherzcond. Did you dine with them willingly? Mr.Pinnbrun. 1 dined with them willingly enough, for there was nowhere else for me to dine. Mr. Sherwood. You were then all of one party, and there was no difference between you at that time? Mr. Pambrun. There was a great difference, I think, for they were murderers, and 1 was not a nuirderer. Mr. Shencood. How dare you presume to say those gentlemen are murderers ? Mr. Pambrun. 1 do not say that they are exactly Vi* % -.ft' ^63 murderers, but I do presume to say that they are accessaries to murder, and a great many more than them. Mr. Sfierzi'ood. Then, Sir, how came you to dine and associate with tiiem, il that was your opinion ? 3Ir. Pmnhrim. I did it through necessity ; there vas no other place for me to have my victuals in but at their table. 1 did not do it from choice, believe me. LOUIS NOLIN, sxcorn. Examined by tlie Attorn ey-Gi^n eual. Mr. Nolin. I was at Fort Douglas in 18 IG. I know that it was expected the Settlement was to be attacked ; we had received inforinaiion several times of it from friendly Indians and others. A day or two before the 1 9th June, two Indians came to the fort, and I interpreted for Governor Seinple what ihey said. Thoy told us that they had made olf from a large l)ariy of half-breeds and others, who had come down from Qui Appellc, and were then at Portage des Prairies, on their way to attack us, and that we should certainly be attacked in the course of a day or two. The report that we were to be attacked, had pre- vailed a long time. Though the report was very preva- lent, jNJr. Semple did not give attention to it; indeed he constantly said he could not think that they would hurt the Settlement, and he thought we were safe in the fort; a watch was constantly kept, however, at the fort, so that we might have notice when tliey came. I was there on the IQlh June, and towards evening, an alarm was given that an armed party on horseback were coming down and passing the fort. 1 was not present when they were iirst perceiv- ed ; I was at the river, fishing, and did not see them then ; as soon as 1 heard they were come 1 went up to the fort. Mr. Semple had gone out before I got there; I went into the fort and found a number of our people in it. 1 should suppose from iitteen to twetny men were there, and from twenty to twenty-eight must have gone with Mr. Semple. When 1 heard that Mr. Semple had gone, being afraid something might happen, I sent an Indian to see what * r, . -♦j'l 1 ' i ' ( '■% ,■<»■■• .'.-■■•. M" .^•^. '^:' ' -.i;. ■ ■:.)■ ■■ »♦■ 'if .-v 1:-;= ■ :{ ,! 2G4 took place; before doing so, however, I had myself look- ed from a bastion, and f•', / J ' . ^• •'■.» ■ ■•:■'■•' •'■' ■ . ' ."vi •This conversation of M'Kenzie with Grant and Fiaser, was not the only one to which Nolin could have given testimony. lu an affidavit, of which a copy was in the hands of tlie Attorney-General, Nolin had stated that " M'Kenr.ie spoke to t!ie half-breeds, wlio told liini about the atl'air of "the 19lh of Juno, at \\huhhtt langhed, that the deponent lie:ird him, "(M'Kenzie) ask the half-breeds, which of thini Imd lirci!, and li;at ho " appeared to approve those who had, and to disapprove of the others." It is singular that the Attorney-General should have omitted to pursue the examination into this point; but Nolin being examined in French, his evidence was altogether very imperfectly brought out, in consequence of the incapacity of the Interpreter. M M ^»/. 4 ■f>. ■ v.-- ■" !') 966 first? was you not on the next day told that the Hudson's Bay people fired first, or that Lord Selkirk's people fired first? Mr. No/tM. Next day I did heard that Lord Selkirk's people fired first. Lord Selkirk's people and the Hudson's Bay I consider the same. Re- examined by the Attorney-General. Attornei/-General, Who was it that told you that the Hudson's Bay or Lord Selkirk's people fired first; was it the North-West people ? Mr, Nolin. The North-'\\'^est people told me so; they said Mr. Semple's party fired first. Attorney -General. Did yon always hear that account? Mr. Nolin. No, I also heard they fired both together. The accounts given were different, very diflerent, but that is what I heard in various ways, though I cannot say any thing about it, as I was not there. FREDERICK DAMIEN HUERTER, sworn. Examined by the Attorney-General. Mr. Ilr.erter. In the spring of 1816, I was in the service o': the North-West Company, having been en- gaged at Moutroal. 1 left Montreal in company of Mr. Alex. M'Kenzie, and a number of partners of the North- West Company. Mr. M'Leod joined the party at Coteau du Lac, and proceeded with us up the country to Red River. The first intelligence e received of the destruction of the colony, and Governor Semple's death, we got from the settlers who had left Fort Douglas. We met tlieai in Red River; I think it was on the 24th June. Mr. M*Leod was with us at that time ; he joined us at Coteau du Lac, and he had continued on with us from there. The general report we got from the settlers was, that Governor Semple, with from twenty to twenty-two persons, had been killed be- tween Fort Douglas and Frog Plains. The accounts of din'tnent persons did not agree in every particular, but ihai waij tlie most general account given by the people. «67 Attorney-General, Who was with you in your brigade of canoes, 1 mean of the prisoners ? Mr. IJuerter. 1 do not know but that nil were there but Siveriglit. Mr.M'Kenzie, M^Gillis, Fraser, M'Laugh- lin, and Macilonald were there. It was Mr. M'Leod who commanded our brigade; he was considered as the head. Upon meeting with tlie settlers they were ail ordered to go on shore, which tliey did. 1 saw Pritchard and Heden among the persons whom we met. I saw them both on shore there. Mr. Pritchard told Mr. M'Leod that Mr, Semple was killed, together with several officers of the colony, and in all twenty-two or twenty-three persons, as I understood him at the time. Altornay-GeneraL At the time Mr. Pritchard made this communication to Mr. M'Leod, did you see Mv. M'Kenzie, or any of the other gentlemen now at the bar, present with him? Mr. Huerter. I cannot say that I did at that time. We were afterwards sent down to Netley Creek, and detained there about two days, and then proceeded on to Fort Douglas. Attorney-General, Were Lieutenants Misani and Brum- by of the party who accompanied you from Montreal ? Mt' Huerter. They were both of them. Attorney-General. Did you see any half-breeds at Netley Creek who had come from Fort Douglas f Mr. Huerter. No, I did not see any till I arrived at Fort Douglas. Atlorney-General. Not at Bas de la Riviere ? Mr. Huerter. No, I did not see any till I got to Fort Douglas. 1 saw Cuthbert Grant, Alexander Fraser, and a great number of others at Fort Douglas on my arrival. The fort appeared to be in possession of ilie North-West Com- pany, at least it was their servants whohaditin possession. A dram was given by Mr. M'Leod to all the people upon his arrival ; it was given to them in Mr. Sem pie's room. Attorney -General, Did you ever hear any account from the parties engaged in the aftair of the iQth June, of the death of Mr. iSemple ? ... d-,. •■■•.<■ : / •"' .€.: '!;-. / : » ' ' ' .' 1 '4 in'' 268 i>/r. IJuetUr. I heard from these persons a number of difl'errnt rcporta of that circumstance. I did not hear the partners give any account of the matter. I know that a council with the half breeds was held the day after our arrival at Fort Douglas, for f was present at it. Mr. Archi- bald Norman M'Leod was at the head of the council, and he made a speech to the half-breeds. He thanked them for their assistance, and said he had brought them some hnltillemcntSf and was sorry that he had not brought them more, but that he had not expected to have found so many of them at the Red River, and that those who most wanted them must take these, and that the others should have an equal proportion in the autumn. Mr. Alexander M'Kenzie was there. The half-breeds inquired of him if Lord Selkirk had any right to establish settlers at Red River, and lie told them no; that he had no right, for that the land all belonged to them, and that they had done well to defend their own lands. Cuthbert Grant, Bostonois Pang- man, and Seraphim Lamarre made the division of the clothes among the half-breeds. Attorney'Oeneral. How many half-breeds do you sup- pose you found at Fort Douglas upon j'our arrival there? Mr. Huertrr. I cannot say that they were all half- breeds, but I should think there were about sixty persons there altogether, and the greater part were half-breeds, I saw Cuthbert Grant there, and he told us in what manner the people and Governor Semple were killed. I do not recollect that he ever said that he had killed Governor Sempic himself. 1 never could learn positively who began the fire. Grant shewed how the parties were placed, but always said he could not tell who began the fire, but that he believed it was very near together. .■Jttortiey-GtneraL Did you ever hear from Cuthbert Grant what was the object of this party coming to Red River ? Did you ever hear that it was to carry provisions to meet your party from Montreal ? Mr. HuerUr. No, I never did hear any thing of that kind. Attorney-General. Were your party in want of provi- 269 Liver. sions, so that you expected to meet tlieni at that lime or place ? Mr. Hucrler. No, I cannot say that I think we were in want of provisions, and I never heard that they were expected to he mer there. At Bas de la Hivi6re I was directed hy Mr. M'Leod to prepare a number of cannon- cartridges for some field-pieces tiiat were there. 1 was then told that ilie party were going to take Fort Douglas*. I had brfore frequently heard it spoken of, but never so unreservedly. On tiiat occasion I stated that our party was too weak for such a purpose, and that I did not, from the description of Fort Douglas, think tiiat it could be taken by so small a party. Mr. M'Leod told me that there was a party coming from Portage des Prairies, and that another party was to come from above, through the Lake Wiuipic, and the three were to unite, and then they would be strong enough. This was stated as the reason for our going and taking the cannon which I was to have charge of. Altorncy-General. I will now ask you. Sir, did you make, or cause to be made, cartridges for the ordnance, and who furnished you with the materials for preparing them ? Mr.IIuerter. I did make them. The gunpowder and ball were obtained from the stores, and the flannel used was given me by Mr. M'Leod, who had brought it with him. Aiiorney-Gencrnl. I will repeal a question I have before put to you; did you hear any thing of a party being expected to meet you with provisions from Qui Appelle, • I. -, v.v^r^ ■f ^'-'i. i * The evidence is here imperfectly ropoitcfl by tlic slioit-liiuul writer. The witness stated, tliiit tlicse orders were frivcn hy Alexiiuder M'Kenzic (the prisoner) as well as by M'Leod ; and that it was M'Keiizie also who told him of t!ie intention of taking Fort Douglas, and of dili'erent parties of the North-V/e^t Company who were to meet for the purpose of attacking it, particularly specifying, that under the direction of Alexander Mac- don"ll, a strong party of half-breeds was to come down from Uui Appellc River, and to make the first attack upon the Settlement. • • ( V ■ > I * ' '■^■'i ..y*- '•■ .%■■ .•.I . « •i f t •,: 270 or Portage dcs Prairies ; or was your want of provisions kuch ns to rendir it necessary that you should receive a supply ? were you short of provisions? Mr. lluertcr. J nev< r heard that any were expected. I always heard tliat ihe i)arty from Portage dis Prairies were expected to join us, and help in the attack that was to be made on Port DoiiLflas. AUornei/'Gtrcrul, Except the giving out of dresses, do you know of any act, on the i)art of any of these Gen- tlemen, that appeared like giving approbation to the half- breeds who had been engaged in the affair of the 19th June? Mr. Iluerltr. I cannot say that I do. Mr. M'Leod made the spcocli, sayin'r he had not expected so many, but that thesuits that were there must be taken by those who had most occasion for clothes, and that the others who did not obtain them al ll.at time should have them in the autumn. It was Grant, liostonois Pangman, and Lamarre, who divided them among the half-breeds after Mr. M'Leod's speech*. -' ' V kv ''m ■■]^^:.- k::-: •4:' A': • ■..'.^ •'f ■-> •i* .'< %f- • 1^ 'M ' •... Avi • Hncitcr liad been sworn to .1:1 aft'idavit, stating a number of partunilars of material consoiiiionci, wliicli tiie f|nestions put to tiiis witness in court were not caUulatcd to l)rii,^ out. Among other circumstances, he stated, that on his arrival at F'ort Douj;las, M'Lcod, in presence of Alexander M'Kcnzie, John M'Lan^hlin, and the rest of his party, had bestowed particular marks of approbation on the half-breeds, who had been engaged on the 19th of June, and who bcinu; assembled ir. a large outer room, such of them as had not dined with the partners, were called into Governor Seniple's apartment, where M'Leod, in presence of M'Kenzie and the others, {»ave each of thcni a drain, shook them by the hand, and expressed Lis thanks for what they had done, and for their attachment to the North- West Company. He also stated tlat 7>I'Leod went in company with M'Kenzic and the other partners to meet two Indiaa t'liicfs, to whom he made a speech through an interpreter, reproaching tliem for liaving refused to take up arms against the colony, vxlien catletl upon to do so, and threatening vengeance if they should ever again befriend the English. Huerter also stated in this affidavit, that he had rode to the field where Semple had been killc', in company with M'Leoil and many of the half-breeds and others of the North- West Company, particularly the prisoners M'Kenzie, McDonald, and M'Laughlin ; that at this time some of the bodies were scattered about the plain in a mangled state, but that these iudividualii 271 CJcu- linir. Cross-examined by Mr. SiiEruvoon. Mr, Sherzcood. fii whose service arc you, Sir, nt pre- sent; in that of llie Earl of Selkirk, or of tijc Ilinlsou'i Bay Company ? Mr. JIutrlcr. 1 am in neither tlic one or the other's employ. Mr. Shcru'ood. Were you never iti the employ of either ? Mr. Iluertcr* No, I never was. Mr, Sficrzi'ond. Who hroiiglit you up iiere ? you came from Montrcjt!, I believe; do you come at your owa expense? Mr. Iluertcr. I did come from Montreal. I am under sub[)a3na to appear here, and 1 eame at my own expeuse. Mr. Sheridood. Do you mean to swear that you bear your own expenses at the present moment? Mr. Huerltr. No, I do not. At the present moment they are borne for me. I have been detained for a long time as a witness, and uiuiit of course have subsistence found me. cxprcssc'l exultation at the sight, liiu^hin*;, and stiiviiiK to pass jests cm tlie occasion ; that the apprub' ' :h ■ "t : ■I j . , - . .i ' 11/ ..I ■[ , ' i',\ ■ V; '•"'J- * .''■••■ '' '>■.■'■/• . '^ .jn\ ■y <•'"*/ ' ■4: '.„;<; ' ' ' 1 '4 ■■■!. •'t ' ' - ^- -: Wi ■•■■. ' '< "f >■ - . t ■V 4 7- *i-j •. '5^'^ ■ 272 Mr. Sherwood. When you were accompanying Mr. M'Leod to the Indian territory, you were in the service of the North-West Company, I believe. How long did you remain so ? Mr. Iluerter. I was in their employ about a year. Mr. Sherzcood. How long was your engagement for ? .Mr. Iluerter. My engagement was lor tluee years. Mr. Sherwood. So you left them before your engage- ment was closed ? Mr. Iluerter, I did, because I was wanted to do what I thought wrong. Mr. Sherwood. I am not asking you why you left. Pray, did you not receive equipments? do not all the ser- vants of the North-West Company receive clothing ? was it extraordinary, on the arrival of the canoes with supplies, that the servants who wanted clothing should receive them ? Mr. Iluerter. 1 did get equipments, but not such as them ; they were understood to be presents, and not the regular equipments. Mr. Sherwood. How came you to understand that ? 3Ir. Iluerter. Shaw, a half-breed, in tlie service of the North-West Company, told me they were presents, Mr. Shern'ood. Was you in the Meuron regiment, and what countryman are you ? was you ever in the French service, in tb.e service of Buonaparte? Mr. Iluerter. 1 was in that regiment. I am a German, and was formerly in the Frencli s«ervice. Mr. Shericuod. A number of your former comrades of that regiment enlisted into the service of the Earl of Selkirk, did tluy not ? but you say you was not :;mong the number ? Mr. Iluerter. Some of my former comrades did enter into the service (h" Lord Selkiik, and were to become settlers, but 1 did not enter his service. Mr. Sherwood. Did you never receive money for your subsistence from a certain person on account of Lord Selkirk ? Mr. Iluerter. I certainly liave received money for my 273 subsistence. It is not to be supposed but I must have a living found me by somebody, as I have been upwards of two years under detention as a witness. Mr. Sherwood. Did you not make a long journey with Lord Selkirk from Red River through the Mississippi, round by Washington, and through ihe United States, to Canada ? Afr. Huerter. Yes, I did accompan}'^ his Lordship. Mr. Sherwood. In what capacity did you travel with him ; was you his valet, or what ? 3fr. Huerttr. I did not travel as his servant. Mr. Sherwood. In what capacity did you travel with his Lordship ; was you his companion, if not his ser- vant? 3Ir. Huerter. I was not Lord Selkirk's servant. I travelled with him as a companion; that is, I was in his company; I certainly was not his servant. I went in his company. Mr. Sherzc^ood. What rank had you in the army, Sir? I do not mean under Buonaparte, but among the De Meurons ? (3Jr. Huerter not immediateli/ answering the question), was not you a serjeant only ? Air, Huerter. I was a serjeant. Mr. Sherwood. So then, the travelling companion of the great Lord Selkirk turns out to be a recruiting ser- jeant of the n.ercenary De Meuron regiment, which was formerly in the service of Buonaparte : he was a servant to the North- \ Vest Company, and deserted ^rom them to become his Lordship's travelling companion — Attonieif'-Genend. I really, my Lords, consider such remarks liighly illiberal and unjusiitiable. The witness does not represent himself as the com[)anion of Lord Selkirk, but that he was in his company, or rati cr accompanied him. It being insinuated thai he was a servant, he said he did not travel with Lord Selkirk in the capacity of a servant, but that he accompanied him ; with reference to his military services, he was clerk to the regiment, and is a very decent N N -^*>M ;.' •...',,'«■ ; 1 :''•■'■' ^,-';l •^ ■'-- ■>»! /•,-;-,'J5il -f'f A : -:?.?■■ ■ . i-Th > x<.| :•.. r>;*^ ■V::-.V .. -.'*•••* i.» ■ , r-i.' •■ .*'■'' ■■■ ■■•■■/ 1 :v:H;.ij , 'i . * ■ ■;;■■ • -. !• * ■. . . I. LV" A ■ 1.'.;." 'i ■".'■'■. .'."'' : v.:if^ >^.■''■^ ^ '■ ; '■;.' ■■• '• /': ■ '■,r'.> -'■« ■ "^. 'V% ■■■'■■"■ .r-l^J/.i'V 1., . - •.«'*■■ ^1' '.vi- >" ' .-' •:•» . ■^'•"'4» ; It*- .: r i S74 reipectable man. Was not you clerk to tlie Mcuron regiment ? JSJr. liuerter. 1 was clerk to the regiment. ylltornerj-deneral. You do not mean you was the par- ticular companion of Lord Selkirk, but you travelled in his company, and not in the capacity of a servant? Mr. liuerter. That is what I mean. Jlttor)ieyGeneral. That is the case on the part of the Crown*. • The Attorney-General could have produced a very important letter signed by one of the prisoners (M'Laughlin) along with M'Leod and another of his partners, strongly confirming the other evidence of the hostile intentions with which they went to Red River. The letter is as follows : Fort William, 3rd Juncy 181G. Gentlemen, " Our intelligence from the Red River is very limited ; but what we " have heard gives us much uneasiness ; and, after various consultations* " we liave come to the resolution of forwarding an express to you, to " request you will, as soon as possible, assemble as many of the Indians as " you can, by any means, induce to go to the Red River to meet us there. ** We would suggest and require, that Messrs. Morrison and Rous.sin *< should head and accompany the Indians. Roe we expect to sec at Lac " la Pluie, and we shall not fail to send him also to assist Mr. Morrison " and Mr. Roussin. We also mean to take a few of the Lac la Pluie " Indians along with us. We shall, and will, be guarded and prudent; " we shall commit no extravagances, but we must not suffer ourselves to *< be imposed upon ; nor can we submit quietly to the wrongs heaped upon •* us by a lawless, unauthc is'.'il, and inveterate opponent in trade. '* You will not hesitate tx, , •.;!ain to the Indians the purpose for which •* we want them to meet u> , j is^lbly and most probably, their appearance " may suffice ; but in any case u.ey shall be well and fully recompensed " for their trouble. You who know the Indian character so well, make " use of that experience to collect as many as you can in a short time, from «* fifteen to twenty, iipwards, to one hundred. " You will explain to the chief, that we have king's officers and a few " soldiers along with us, so that there is not the least doubt of the justice " of our cause. We start fror> hence to-morrow in five light canoes ; " upwards of fifty men in all ; and I think we shall be in Red River about " the 17th of June, where wc .-hall have to meet, if not all that we expect, " at least Mr. Moirison and Mr. Roussin, with a few Indians, as an atant " garde. " Mr. Grant will take the whole weight and trouble of Ike affairs of the " deparlmeut on himself, no doubt, and give Messis. IMorrison and Roussin " all the assistauce the department can ali'urd. 275 It being ten o'clock, f. m. the Court adjourned till nine o'clock, A. M. to«niorrow. Wr< SATURDAY, the 3lst of OCTOBER, 1818. PRESENT His Lordship Chief-Justice Powell, The Honourable Mr. Justice Boulton. The Court being opened in tlie usual form, and the Jury called over, the trial which coaiinenced yesterday was resumed. Mr. Sherwood proposed entering into the question of jurisdiction, which being a matter of fact, could not be argued in abatement, but must be tried by a jury. He proposed to shew, that the place where the offence witb which the prisoners were charged, was alleged to be com- mitted, was not within the Indian territories, and therefore, not cognisable by the Court under the provision of the Canada Jurisdiction Act. But the Chief-Justice intimating that it was ndt a proper time to discuss the question of " Since wi iting the foregoing, Mr. Parries lias determined to go to assist " you, and proceed as quickly as possible to Red River. I am convinced " you will be most happy to h^ve his co-operation and aid, which you will " find most useful. Some articles that you may stand most in need of, are " al*o sent. " The letters written yesterday, if Mr, Parries overtakes the canoe, be " will take. Positively no courier, or letters from the Hudson's Bay " Company must be allowed to pass ; they must all be sent to this place. " A great deal depends on your exertions, gentlemen ; and we have great " confidence in ♦he known influence of Messrs. Morrison and Roussin over " the natives. " ^rith much esteem, " We remain, gentlemen, " \our most obedient servants. (Signed) ** Metitra. Grant, Morrison, nnd Rmt$sin." " A. N. M'LEOD, " Agent N. IV. Co. " R. HENRY, '* JOHN M'LAUGHLIN." ■ ,.•1 * ... ".1 -,■ '■■•■i V »■. • •-. I,'; ';>••■ ;J^ ■^s*' "\ .''■•" ■'i ■ ' 'ii : •■v ■.'■■■ • rd • .1'.; f' ,■'* C;f^ ■ ■ .V i • . ' '<• -• ' ■' ■ ■, ^' ■ • ■>* •. , ' ^' , i? ♦ ■ .■ 'W ' - '«t! ■ /> .' '•,s: , " i -,' .' • ■• ■ .'••? •. :i :J ■ !• . .* ' .:'f it* '\ . 'r- ' ( •*■ '^^ ' "*. ^ .',V -J .. ; i ■J» , '<' : 1- ■' /■ <■• -f • *-', %■: 'f ■ .i -'■^ <■■ ,< - :^ ■ T. •• 4 "15 ■ J/ '■ , ,' * • t' ■' ' 1 ;' ■f .1 •■» I ■ .»> ■ 'i ..■. • • >^ 276 jurisdiction, and that it would be mutter of serious con- sideration for the prisoners' counsel, whetlier it might be proper to move it all. Mr. Sherwood proceeded with the Defence. DEFENCE. JAMES TOOMEY, sworn. Examined by Mr. Shekwood. Toomcij. I was in the Hudson's Bay Company service in 1814, under the coniinnnd of Mr. Miles Macdonell. I know of a Proclamation being issued by Mr. Macdonell. I did not read it myself, but 1 heard Mr. Vicker read it, and explain the tenor of it. It was to prevent pemican going out of the country about the lied River. Mr. Sherwood. Were the people generally satisfied with it, the half-breeds and the hunters ? Toomey. No, they v/ere very much dissatisfied with it indeed. Mr. SherKood. What did the Proclamation say was to be done, if the provisions were attempted to be taken out as usual ? Tooviey. That it was to be seized and taken to Fort Douglas. I know of two train-loads being seized by our people from some of the Norih-West Company's servants in the spring of the year 1814, for I was one of the party. Mr. Justice Bonlton. You are not obliged to answer any questions that may lead you into difilculty. If any such are put, you may refuse answering them ; and if they would, by being answered, bring you into trouble, the Court will protect you. Mr. bherzcood. Do you know where these people ob- tained the dried meat called pemican, which your party seized ? Toomey. I was told by a person named M'Cauley, that they had bought it of the free men, not the people of the Settlement at Ued River, but of ihe free men, or the people tluit hunt. ' 277 Mr, Sherwood. Do you know if, previous to 1814, the Nonh-Wcst Company hud been accustomed to obtain pemican from these free men, as you term them ? Toomey. Yes, I know that they had been in the habit of trading with tlie Company. Mr. Sherxi^ood. But shortly after this Proclamation, you know that they were prevented, and their pemican was seized ? Toomcf/. Yes, it was. We were sent to seize it under the command of Mr. Warren from FortDaer, where Mr. Miles AJacdonell commanded, and we did seize it under his orders, and those of Michael Macdonell. Early in spring time, about the middle of March, we were sent for by Mr. TSlilcs Macdonell, and told to be read}' to go when the snow was off, a nun)ber of miles, on the Plains, to search for provisions amongst the free men, and that we were to be furnished with arms and ammunition. The next day ne were supplied with them, and a party of four- teen or filieen of us went with Mr. Warren; Mr. Miles Macdonell saying he would not be long in following us. Two or three nights after leaving Fort Daer, we slept in the tents of some free men, and met there with Mr. Michael Macdonell, a clerk of the Hudson's Bay Company, and also some of the servants of the North-West Company. The next morning we saw them load two or three trains with provisions ; we were then ordered to load our muskets with ball, and fix our bayonets; having done so, we were put into rank by Michael Macdonell, and being armed, we stopped it from being taken by the North-West Com- pany's servants. We were all armed. When they were going to take it away, we were drawn up in rank with fixed bayonets, and they, finding no way of escape with it, were obliged to put it back on a stage from which they had taken it to load the trains. At the time of sto()ping it we expected Captain Miles Macdonell every minute, but I was sent for him by Mr. Michael Macdonell, and to tell him what he had done. He sent word to Mr. Michael Macdonell to keep them in his possession till he should come himself, which he did. There were two train-loads, ■?■: .•- ■• ' «.' ■, !•* .; .<.••■.-. ■■ . ( ■ ■Cr 378 1 ' ;',■■ ■; It ■^v-*.. •^■ . >', >'V''■.■ ■ ■ .'»»>' .: ■ ■ :yi4, . '^cl- ; ;,'#: ' '■»'•* : '.. , ^ \ t.\ [ * '»■ ■ ■' .:■'•].■■;■ :h > ■ '» •«..'•.-.■ / ■it- ■ .:- ■ *!.];■' *-;.i^- -k ■*- • -■ '..i^'l:-! 'is;': > ' ,1-s •'• • ,1 •» ... .■' M'^f '■>,;''?, ■ ^••i^^;la ' 't V . ;, .'', ■! ■■ 1 .: ■1-.!»M • ■■ . 'il ■ ■? ■ :«'■ ■ > ■ , • . . • ' "til % ■$:. -.1-. if not three ; I am sure there were two, and I think three*. Altorney-Genernl, I have no questions to ask about the taking of pemican. HUGH SWORDS, sworn. Examined by Mr. S her wood. Swords. 1 was in the Hudson's Bay Compan3''s service the whole of the year J 8 14. 1 heard of a Proclamation issued by Mr. Miles Macdonell in that year. 1 never saw the Proclamation ; I only heard of it. I know of one boat-load of provisions being seized by the Hudson's Bay Company's people ; tlie provisions were on shore, and not in a boat ; but they were about a boat-load in quantity ; it was not in any body's possession in particular at the time we took it. A party of us were sent by Captain Miles Macdonell to go and look for provisions, which he sus- pected were being sent awa}'. We went armed. I had a gun and bayonet, and ball-cartridges. A place was pointed out to us where the North-West Company had hid a quantity of provisions, and we went to it, and found about ninety-six or ninety-seven bags of pemican, which we took, and sent to Fort Douglas. The bags are made of skins, and weigh, when packed, about ninety pounds each. I have no knowledge of any other seizure of provisions being made. I know that cannon were planted, under the orders of Mr. Miles Macdonell, on the banks of the Ossiniboine River. They were placed there to prevent the Noith-West canoes and boats from passing into Lake Winipic, and so into the interior, or below, as they might have occasion. Mr. Sherwood. Is this the source from which the North- West traders had been accustomed to draw their provisions? • The provisions of wliich this witness speaks, had been purchased for Governor Macdonell from the hunter who had taken them, and who had actually received payment. In consequence of information, that this hunter intended to dispose of the same provisions to the North- AVest Com- pany, Mr. Michael IMacdencll was sent to put a stop to this attempt at fraud. 279 Swords. Yes, it is ; ihey always used to get them there* Mr. Sherzcood. Do you know of any other place where they could get ihcm than about the Red River/ Srcurds. No, I do not. 1 do not think there is any other, at least for a great distance. The Altorney-Geueral said, that he had no qnestiom to ask of any witness who inerely testijitd to the taking of pemicati. WILLIAM WALLACE, sworn. Examined hy Mr. Sherwood. Wallace. I was in the service of the Hudson's Bay Company the whole of the year 1814. I know of a Pro- clamation being issued by Mr. Miles Macdonell in that year. 1 heard it read by Governor Auld at the fort at the Forks of Red River. It was to forbid provisions being taken away, upon pain of their being seized. Governor Auld, at the time of reading the I'roclamation, told us we were not to think our own thoughts, but to obey our mas- ters, right or wrong. Some of the people, upon hearing that provisions were to be stopped, expressed an unwil- lingness to be employed in stopping them; and then Doctor Auld said it was not for us to think our own thoughts, but it was our duty to do whatever our masters ordered us, whether right or wrong. Mr, Sherwood. Do you know of any provisions being stopped and taken possession of by your people.*^ Wallace. Yes, 1 know of a quantity of peinican. il/r. Sherwood. How do you know of iir was you one of the party sent to take it, and do you renienibtr wtiat quantity there was ? Wallace. No, 1 was not sent to take it. I was working at the time at a fort that was building, so as to prevent the North-West canoes going down the river, but I know that about ninety-six or seven bags, of about ninety pounds each, were taken, and brought to Fort Douglas, for I lielped to carry it up to the store. Mr. Justice BouUon. Is this the same lot that was sworn to have been stopped and taken by the last witness, or is it another transaction r '•' '"' i"i '^-'" •! mi ■ ' ' t \ ' ■ i I ■..-. :i • '<::i-f ; * ' 1* ■ y ■ * . ■' A]'. ', ''"v':' ■■ ■ il i-t. ■ : -■ i. ' U^il t */ ^i:: •• ■•«v ' •':'.*r ■ ■'% ■%w- < [ ■ ,?:',-. 1- ■ ■ ii ■>'.'.■ • : ,v ^••'^j -.f ' '. ■'.( . ,» ■•' - 1^'' ^» >« ' ^ * 1 l'->\i;. ;■'■ii^,.- '',W< ■■■f'.^Vi ■ :.:**'■ >^ ■ ;'.X: :■'. ? '■■ .'l * ■•'. •". •.".'-.'•. - ■..«*« '.'> ■ .'* '■> '■ ' ,o. * -■ . . ^1?'.- ■<»■ I< .■ ;■ -'.s^ ■-!•'?. ■' •: ••! %■;<■; '"_ , . '.-.•; - ' '. 1 -' • 1 * ■ . ' , ;J. .''*■" ., 'f> ■ ■■^:^' / ... V ;• .■fj i-^^-v . , .J ?;!':' -/•• , V-J ': • . , M' ■ - '."" * _'■ •v^-i ■ ^ ■,.;;' . •I'*:' ~ * '.■»•- ■ \ , ft ■ .1 .-f , ■■tAV ',■■-* '«^1S * . ; ■■■"?St ■ -31 ■■ ilir. Sherwood, h is the same fact, my Lord. Was you, ^Valla^(•, evor at the Saskafi-hawau Kivcr, or do yon know if bullalo are taken between the Vied Uiver and Saskatehavvan ? TVallace. I never was at the Saskatcliavvan ; hnt I have always heard that they were not met with after leaving the Red River eountry for a very great distance. jyjr. Sherwood. You have been at Hudson's I3ay, I believe; are tlie buffalo met with between the Ued River country and Hudson's Bay, to your knowledge? Wallace. I have been at Hudson's Bay; but there are none bei.veen it and the Red River country. Mr. Sherwood. Then, if the traders in those parts do not obtain supplies from there, I suppose they cannot get them at all ? Wallace. That is the only place I ever knew them to be got from ; they always used to get them from there. JAMES PINKMAN, sworn. Examined bij Mr. Shlrwood. Pinkman. 1 was in the service of the Hudson's Bay Company in 1814, and had been for a good while. Mr. Sherwood. Did you in that year hear any thing of a Proclamation of Mr. Miles Macdouell, usually called m that country Governor Macdonell ? Pinkman. 1 believe it was in 1813 that I heard of it. I heard of it at Pambina. Mr. Sherwood. Do you know of any provisions being taken at Pambina by ihe Hudson's Bay people? Pinkman. I do not at Pambina ; but at he furt near Brandon House I do. i was one who went for it. I and four others went with Mr. Spencer to the Norih-West fort near Brandon House, and cut down the pickets, and drew the staples of the locks, and took away about five hundred bagsof pemican. We cut the pickets, and destroyed the jocks, because those who were in the fort refused us admit- tance. We asked, that is, Mr. Spencer did, to be let into the fort, which was refused, and we cut the pickets. Mr. Justice Botilton. All this is of no manner of con- sequence to the charge against the prisoners; what if five 23 1 being huntlred baga of peinican were taken, is that any j :stifica- tion to go armed, and take the lives of people, because they had dune wrong ? Mr. Shcncood. 1 think, my Lord, that this testimony is higiily important. I should think, if I heard that, a man yesterday killed another, and ihnt it was likely he would attack me, it would furnish very good ground for my going armed. Our goirg armed was to protect our properly, which had been frequently attacked, and taken from us ; and 1 think, with greot deference certainly, that I am not exceedin'jr the noccssarv limits of evidence, in examining the witnesses to the tact of our property having beeiv taken from us by the most violent means. [)o you know of a quantity of pcmican being seized by your people, a very larqe quantity, and under what circumstances f Pinlcman. 1 know that there was a very large quantity, as much as five hundred bags, taken from the Nortli-West; fort at Brandon House to the Hudson's I'ay fort. Mr. Spencer, myself, and 1 think I'our other persons, went to the fort; but first Mr. Spencer went, either alone or only one person with him, leaving us at the Hudson's Bay fort, called Brandon House; and on his return, a messenger was sent to Fort Douglas with a letter to Mr. Miles Macdonell; and on the return of the mGsset)ger we all went to the North-West fort, and demani'ed .' '.mittance, which was refused. We then cut dov/n a iiuvnber of the pickets, and got into the fort. We asked where the provisions were kept; but they not telling us, wo broke into the store, by drawing the staple of tiie lo< k, and found about five hundred bags of peinican, whicli we took away. Mr. SJicru:ood. You have resided in ihat country some time; had the North-Wcst traders been accustomed to draw their provisions from thence ? Pinhncm. I know that as hjug as I have been there, and before, they were accustomed to draw th-ir provisions from that countrj^; and 1 do not think they could get them any where else. Mr. bhtrwood. Did you hear any thing about raising a troop of cavalry, or a conipany of horse ? o o ■I ■?^A-' -Uy\ ■ i'. ■ '- V • » 'A: J t .: ■ • [■'I .} • ■ ! 't. . ' ■''''■ ■ ' r '' ; -. £ • f, I';*. ' ." ';^''" (.;£'; f-K; , '■ . V . '"YI'---'. •.•%»«: ■ .'- .-'!;-* - '«.'..■• . •'♦:' \^^ ■t. > ' ' % "' ,. ■ J -.S,-.f < .« •• • y'h' ' • . . ■■ ' r * ■ \ ,**■.-. ..; > .'t'^: • . ;,l' ' >' ■> ■:^V'l> ^y, •. 28S Vhikman. I heard Mr. Miles Macdoiiell say he would raise a iroop of cavalry, and scour the Plains ; and that he expected they would soon he btrong enough to drive those daum'd North- VV^est out oF the country. Mr. Justice lloiilton. When did you hear Mr. Mac- doncll say this ? Pinhinan. \\\ the wijiter of 1813. J\Ir. Jiisi'ice lioitliott. Was every thing quiet then ? Pinhmm. Lvery ihini; was quiet in 1313, and during the winter, till the Proclamation. There was no disturb anoe till the Proclamation np[)eare(l, and was acted upon. (Mr. Sherwood stating that he had iinished with l*ink- man, the Court inquired of the Attorney General if he had any qiiestions to put to the witness). Jl(or7ifij-Gcneral. Not any, my Lords ; I consider all the questions on the examination in chief as completely irrelevant, and therefore do not put any questions in cross- cxaminaiion, nor (.\o I intend to put any to any witness on the subject of seii^ing jirovisions. Mr. Ulicrwood. 1 entertain a directly contrary opinion to that of the Attorney-General, for 1 consider them very relevant, and very important, highly important to the sub- . Btauiial justice of the case. m '■-.■■»jiS ■ u r~ >■ -; ■; > • ' ■■•>•*: i-."!,.-*/'^ .■ ■■.'.;" MARTIN JORDAN, suorn. Excnnimd liy Mr. Livius Smkkwood. Jor/hin. 1 was in the Indian country in 1814. I know that there was a battery at a distance of about three miles from the I'ort ; it was on one bank only, and not on the banks of the river ; it was on the north side of the river that they were placed; there was no j)articular battery more liian the cannon were placed there, and men were kept to watch that tire boats belonging to the North-VV e^t Company tliil not pass. AJr. J.ivius ^/lencond. Do you know of any arms having been taken from the JNorth-W est Company by your people? Jordan. Yes; I know that a box of arms was taken r 283 lac- I saw them iu the canoe, and atieivf ardi at our fort in the store. Mr. Livius Sherwood. Was there a battery below Fort DoiiGilas ? Jordan. Yes; there was one at the distanee of about two or three hundred yards below it, on the north side. Mr. Livius Sherwood. Do you know of any body being taken prisoner ? Jordan. Yes; I know our people took a person pri- soner; Mr. House, 1 bciiovc, prevented him from going away: I understood it was Mr. House, and he was in the service of the Hudson's Bay Company. Mr. TAvius Sherwood, Had you occasion at any time to hear Mr. Miles MaedoncU drink any particular toast? ylttornrf/'CUneral. 1 object to the witness being per- mitted to answer that question. It eertainly can have no bearing upon the case ; and the only purpose for wliich it can be put, is to place a very serious subject in a ludi- crous point of view. uVr. Livius Sherwood. I beg the Attorney-General to permit us to put our own questions; the present, however Judierous it may appear to him, will expose a circumstance tliat shews the wish entertained for our destruction ; and trifling as such a circumstance may at first appear, it will turn out one of those trifles wliich powerfully shew the real disposition of a person, and that is my object. Mr. Mactlonell acted as Governor to this famous Settlement, and was the great cause, in our opinion, of all the melan- choly train of events that have occurred in that country. We commence to-day our Defence with his Proclamation, which he says, and the witnessess on the [)art of the Crown say, was dictated only by regard to the interests of the co- lony, and to prevent them i'rom starving; we, on the con- trary, say, that the object and efl'ect of that Proelamation being enforced, would be to have starved us, and con- signed us to destruction. I put this question to the wit- ness to shew, and his answer will shew, that the wishes of Mr. Macdonell for our destruction were so hearty, that he could not leliain from giviig it in toasts. 1 now ask the !i'^' '■;• tl 'iff-'- '<(.•'. tt.r ■,J..» v.,;. •••» ■v.:ri;[.:.i-; :-'|i- '. ■-,*;• . :..« • ■'^i' ■:?•' 1' ' 'a 4' ' V. . '.'■ • :'iii •'«1 1 ir. » .* A ■t" *. . * ' " *^ » V • ■ '*. r ■' ( • i-. r !. 284 witness tlif queslion nL'ain. Did you hear Mr. Muodonell at any time drink ;my pailicuUir toast rclalivc to tlie Nortli- West C()m[)!iny ? Jordan. Yis, I luaid liim drink destruction to the ISorth-W est Company. l!e (hank it in his o\vn language, which is GaoHc. i am sure I heard him drink it. il/r. lAxius S/urziood. J hope tiie answer in satisfied the Court of the impurtanec of the question, as it com- ]ilcj(ly Cstahlislics, as wo think, the spirit of hostiUly which, wesav, dictated the sure nicins of our destruction. 1 shall rot, huwever, detain the Court with any remarks on the evidence. Do you know of any person being sent to Qui Appclle from I'ort Douglas with the intention of taking Mr. Macilonell and his people ? Jordan. 1 cannot s;iy whether any were sent or not. 1 was not one that went, if any were sent. Mr. 'lilts Shcrxoood. Do you know whether Fort Gibral ms taken ? JordtnJ. 1 icincy it was taken, for I was there at the time. It was in March 1816 that it was taken, but it was not destroyed then ; that took place after. Mr. Lirius Slina:uod. You are sure it was taken in the March preceding the battle of the 19th June: do not know if it Wiis destroyed before the battler Jordan. Yes, it was. It was taken down, and sent to Fort Douglas before the battle? Air. J.ixiits ^hcricood. Do you know of any goods being taken away from Fort Gibraltar, at the time it was taken.' Jordan. Yes, they were loading goods at the fort, which were afterwards taken to Brandon House by Mr. Lernoine, who obtained leave to tiade there. Mr. Lernoine, I be- lieve, belonged to the Uudson's Bay Company*. Mr. IJvius Sherzcood. Do you know of any balco of furs being taken by your people, and what quantity } • No person of this name was in the bcrvice of the Hudson's Bay Com- pany nt the period referred to. ^'"■% 385 Jordan, No, I cannot sny that I do. I know of some furs being there; I went out, and when [ returned I found they were gone, but I cannot say where they were taken to. I iieard tliey were taken. rilANCOlS TAUPIEll, sworn. Examined thruugh (he Interpreter, l>j/ Mr. Sihcrwogd. Tdiipirr. I know that Tort Gibraltar was taken in March 18IG, from tlie North-\\ est Company hy the Hud- son's 13ay Company's people, lor 1 was in the foit at the time. The lludso'/s iJay people came to the fort about seven or ciglit o'clocl;, one Sunday evening, in March, and got in. They bent the bolt of the gate, and so got in. Tliey had guns witii bayotiets, pistols and cutlasses. They rushed directly to the great house, in which Mr. Cameron, who commanded at Fort Gibraltar, lived. Mr, Cameron was a jjartner of the JSorlh-^\ est Company. J remember it was in March, and of a Sunday. I was in a small house near to Mr. Cameron's, and hearing a great noise, I went to see wliat it was, and liiuling it was in Mr. Cameron's house, 1 went into his apartment, and saw, as 1 was going in, liourke, IJeden, Alex. M'Lean, and others, belonging to the Hudson's Bay people; they were usip- their arms in a menacing way, presented their pistols to Imn, and threa- tened that if he moved they would tiike his life. ^\'heti they saw me in the room, two of the nien belonging to the party, but whose names I do not know, beat me with the butt end of their guns, and turned me out of the room. I know Mr. Siveright ; he was a clerk to the North- West Company, and was at the Ibrt when it was attacked. Mr. ii/teruood. Did you see the behaviour oi" the party to Mr. Siveright at iluit timer Taupicr. No, 1 had no opportunity, as he was in the great house, and they would not let me remain there. Mr. Sherujood. Have you a personal knowledge of an express, conveying letters from the ISorth-West posts, being seized ? Taupier* Yes, I have a personal knowledge that Henry ..I -Ij' 1 i. .1 • .,it * •M;i:rj ■/■ .!,v ■; ■ ■■I ''i < '•;.¥" !•■ : '•^.- .^ i ' * <' ■ :'v ;■ *i\r -1 « • t '^' , ■' ■i: 9^\, '•*• I'r- *•- ' : •-.' ,. ■•» ."^i .y.- V. , •/-'• V V' .vl: • <.^»'- .^ • •. ••i. «. 285 Poitras, and another man by the name of Plants, were seized, under the orders of Mr. Robertson, and these let- ters, taken from them. The Attorney-General requested to have the opinion of the Court whether testimony of that nature was within the rule that was intended to guide the proceedings. 3Ir. Sherwood called upon the Court to maintain the precedent which had been established in the trial of Brown and Boucher, and under the authority of which evidence had been gone into respecting the seizure of pemican. Mr. Sherwood then expressed the opinions he entertained respecting the conduct of persons engaged in the prose- cution, and a variety of other topics, when he was stopped by Mr. Justice Boulun, who said that he was addressing himself to the public feelings, anil indulging in declama- tion that was calculated to produce very pernicious inno- vations upon the regular practice of criminal jurispru- dence. Mr. Justice Boulton determined that the stoppage of an express was a distinct transaction, and could nut be gone into. ANTOINE PELTIER, stto/«. Examined b}/ Mr. Siiehwood, bij the Jnlerpreler. Peltier. In the spring of the year 1S16, I was in the service of the North- West Company, and was at their fort on Qui Appelie River. 3Ir. Sherwood. Do you know any thing of a council of Indians and half-breeds being held tliere ? Peltier . No, 1 do not know that any council was held. 1 do not think there was any, as if there had been, I think 1 must have known it. 31r. Sherwood. You are sure you do not know of a council being held, at which Mr. Alexander Macdoneli made a harangue of a very particular description ? Peltier, No, 1 know of no council being held at all. I do not know of any extraorvli.iary harangue. 1 know that Mr. Alexander Macdoneli made an ordinary haranoue. of ail 287 but I do not know what it was about ; but it was not at a council, or any meeting oftlie Indians and half-breeds that it wiis made, and it was not about any thing particular, or a council would have been held as usual. Qui Apuelle was not my usual post. Mr. Slierzcootl. Is it anv thing uncommon for the bour- geois to harangue the Indian and half-breed servants? PclLier. Not at all, it is very common to do so. Mr. Shencaod. In what language was this harangue made by Mr. Macdonell, of which you speak ? Peltier, It was made in Indian. Mr. Shericood. Do you understand the Indian language in which the speech was delivered ? Peltier. I understand it a little ; I understand it pretty well. Mr. Shcrrcood. Do you understand it enough to com- prehend, if any thing very particular was said in a harangue, what was meant by it ? Peltier. Yes, I do. If any thing of that kind was said, I should know what was meant. I went with the Norih-West people from Qui Appelle as far as Portage des Prairies. il/r. Sherwood. While at Portage des Prairies, did you hear Mr. Alexander Macdonell make a speech to the half- breeds and Indians about drenching theland with the blood of the English; or any thing like that; any thing of that imj)ort ? Peltier. No, I did not hear anything of the kind; I heard nothing that could be said to bear that import. Mr. Shericood. Did you hear a speecii made by Mr. ISIacdonell at the Forks of Qui Appelle in French, and in- terpreted into Salteux Indian, in which any thing of that kind was said ? Peltier. 1 understand very little Salteux, only a iaw words, and I did not hear any speech of that kind. Mr. Slicrn'Qod. Did you see a jNlr. Pambruu at the Forks of Qui Appelle? Peltier. Yes, I saw i\Ir. Pambrun there; he was on the ground, but not close when the speech was made. -' . ■ v.- ' K"' '' ' 0'^\f )■*■■■ V'':>'> ?';;>•:'..■. ' V i '.; ■■„• ;■ ■: :.■■,!;/■.■' ■ v•;^■v^^^^•.• li'i,.'', I.J5I .' - -^^e-; ^;v4> 288 Mr. Sherzcond. Then he had no better chance of hear- ing than you, liad he ? Peltier. No, I should think I had as good a chance as him, for I was close to them. Mr. Shencood. And you heard nothing in French or Indian, like drenching the grounds of the Indians with the blood of the English, if they made resistance? Peltier. No, 1 have no knowledge of any thing of that kind. It was Primeau who interpreted, and I heard the whole of the speech, hut I did not hear any expression like that of drenching the ground wilh blood. Mr.Sherzcood. Is it customary, upon holding aharangue with the Indians and half-breeds, to give them rura and tobacco ? Peltier. It is always done on those occasions; they look for it. I was at Porta2;e des Prairies when Cuthbert Grant and his party set off, and I saw tiiem start. I was present when tliey went away, and the instructions given to the people were, to keep as far as possible from Port Douglas, and to pass it at as a great a distance as we could, for fear some in>ult should be ollercd to us. We liad some carts with provisions, which were to be taken to jncet tiie canoes Avhich were expected from iMontreal, and which would require provisions. Cross-examined b^ the Attokney-Geneual. ;t-..-^ < ■''': ■'•'«>; '-^';?r\ ."■•'*■•'• '■•r< ■.' ' ;.";1'':- " ,v •■?«• :.;.:'i. ■ •/•.:-'< ^ .■■A". > .,i ,.;'<• • Jttorney-Gcncral. ff you v, as piescut at the harangue, liow hap[)ens it that you did not hear it all r Peltier. Lkiausc I was i^ot there all the time the speech was making, i was on the ground, but did not hear all. Jttorncij-Geiieral. Mr. Pambrun is a very respectable young man. lie lias served as an ollicer in the army, and his testimony is nut at all contradicted by this v/itness, though he did not hear the expressions sworn to by Mr. Pambrun. 1 will, however, put one more question to him on this point. You say you had as g(X)d a chance ot knowing what passed as Mr. Pambrun, and that you know as well as him what was said; you mean, I suppose, that S89 ■ (!■• what you actually did hear, you understood as well as he did? Peltier. Yes, that is what I mean to say ; that I understood what I heard as well as Mr. Pambrun, and that I had as good an opportunity to hear. Attorney-GeneraL Can you tell how it happened that Mr. Pambrun should have heard more than you of that speech, because he heard about drenching the ground with the blood of the Enelish* ? Peltier. I cannot conceive how he heard more than me, but I did not hear that, nor any thing like it. Attorneif'G eneral. Is it usual for you to have harangues made to you upon meeting a party ? Peltier. Yes, it is customary; it is common. Attorney-General. How m;iny carts with provisions had you, do you recollect ? Peltier. There were two carts. Attorney-General. Though you heard these general orders given, might not Cuthbert Grant have received orders of which you do not know, or which you did not hear ? Peltier. I was present all the morning that they started, and I know nothing of any other orders being given than those I have related. •K' * • V ■! I. '.-.'* •>■:-■ >' ? WILLIAM MORRISON, szcorn. Examimd ii/ 3h\ Siiehwood. Morrison. I was at Portage des Prairies when a party of young men set off to carry provisions. Portage des Prairies is about sixty miles above Fort Doup;la3. Cuthbert Grant • A servant of the Hiuison'i Bay Company, named Bird, who heard this harangue, confirnied Mr. Paaibrun's tcb^iinony, in an affidavit made before (^lommissioner tloltman, at Rod River. Tliin person did not comprehend French, tlie iang;uage which ISIacdonell spols.e, and vviiirli Pambrun nnder- Btood, but he .vas enabled to give the substance of Macdonell's speech from being acquainted with the Indian language, iu which the interpreter conveyed its meaning to the Indians. F P '■ I ? ... . ■ .k .tj ? ■'■ '•■■ *■•'•:**?■ . ( , ,.•.■^;■^. .■!■'> •tl u" <*? ■ ^i>^; ( -. '■li' ■:•>■'.' S90 and Mr. Alexander Macdonell were both at Portage des Prairies. There were instructions p-iven amonsc llietn I know ; they were to keep as iur from Fort Douglas as pos- sible, and to give the gentlemen of the canoes notice where we had left the remainder. 1 was one who went. The object of our going down, was to meet the canoes from Montreal, and furnish them with provisions. 1 hat wa? our only object; we had no other. I do not know why we carried arms. It is very customary to carry arms there; almost every body carries his gun at all times. We came to Portage des Prairies hy water, but could not go any farther, because the river was blocked up against us hy the Hudson's Bay Company's servants, and we could not with safety go except by land. CrosS'Exammalion by the iVrTouN by-Gene u a l. Attorney-General, Do you know how long the pro- visions you took down with you would last sixty or seventy men? Morrison. No, I cannot say that 1 do. Our allowance is a pound a day each. Attorney-General. Did you take all you hronght down in the canc»es in the carts t Morrison. No, we did not take all. Attorney-Goicral. You had, 1 thiol' you say, two carts; how man}' bags did you take in each? Morrison. '^I'here were nine or ten bags in each cart. Attorncy-Gcnaal. V< liai does a bag of jieniican gene- rally weigh ? Morriho)i From ciuhtv-foiir to niiuMv pounds each. Attorncj/-Gtncra/. As you had orders to ;ivoid Fort Douglas, how happtiied yon to make dirrcL to the Settle- ment, if vou h;.d no hostib intention ? Morris'ui. Jt was our road to where we wanted to go. Rc-exnmlned by Mr. Livius SiiEawooD. Morrison. We received instructions to pass the fort, but wc had no orders to avoid the Settlement, and it was iu out '.vay to where we wanted to go. I 391 re; two FRANCOIS FIRMIN BOUCHEF, *awm. Examined by Mr. Sherwood. Boucher, 1 was at Portage des Prairies in 1316; I was there in June i8l6. A partner of the North-\Vest Com- pany, of the name of Alexander Macdonell, was there ; he had come from Qui Appelle. 1 was a servant of the North- West Company at the time. I know of provisions heing sent fVuin Portage des Prairies at that time, and Cuthbert Grant as well as myself were of the party that took them. They were designed for the supply of nanoes expected from the interior and from Lower Canada. The object of going by land was to avoid Fort Douglas ; the passage of the river also was obstructed, and we understood they watched for us at Fort Douglas. The orders given by Mr. Mac- donell were, to go past the fort at as great a distance as possible, so as to avoid being seen and having difficulty. Tliose orders were siricily obeyed. We went as far back as we possibly could ; we could not go farther, for there was a swamp, in which it was impossible the carts could get on, as the horses suijtv up to their bellies; but we passed the fort at as great a distance froin it as we could. After we got by the fort, about two miles, we observed Mr. Sempleand an armed party coming towards us, at wiiieh we were much surprised, and we stopped. They came up in a line, as if they were prepared to attack us, and we thought they in- tended to do so. Some of our party said, that as I spoke a liiile English, 1 had better go up and speak to them, and see what they wanted, that they came after us. 1 went according to their desire. I rode up quickly, and before I got close up to Mr. Semple, I asked what they wanted, that they pursued us. I told him that we were afraid he meant us harm, by following us, and some other words passed. lie had laid hoi(i of my bridle on my coming up, and he then laid hold of my gun. 1 told him I had not come out to light. Upon my saying this, Mr. Semple called out to his people to take tliat rascal prisoner. Some of theia ■ ■'f'.-H'^f'fi'-i M, v». :':|' ••-';. : ■■•r!'^ ,.;'l;. ■v%7'-' ', ''.f'i' 'I.'*?,. ■* -J;/ • ' 1 (■" ,':t-. ^ '• *V ■''"*'' ' ;, ^ ,■ A' ••■■■ ','**' ■*■•*',* . ' '■'■ ■ ' > ■•'■■|ir..-' • '..^^ .'■/■A, :v :a ^< ■^ '' ' i:Oi; rv^Sv:; ■Ji ^6'^- -.;•»■■ ■ ■ /I * ■ ■ -^iV,- i'l^ .■•■..I;" •*,iirt .'.*' '.* i * .-.4 ■.*Ts; -v . ■-^!: 4{ V . 1 ;■ »* ipj-, ... \'''f ■■.''■?;:; ':\ •■^i.<.i' .■'•"(^v I's.- , . '^.\^'' •#f .-/■v V' •- *< . » > ^/f :|- ^■i-.; ^' t f ' y V J' . 2U3 ther. came up to ine, armed with guns and bayonets, in a threatening manner, and I cried out to them, " Preuez " garde dene me faire du ninl.^^ At this time my people came up. Seing our people advance, some of them cried out, " We are ail dead men ! My God, we are all dead men !" There had not heen any firing at this time, on either side. Mr. Shcricood. Upon this expression of his people, that they were all dead men, what did Mr. Semple say ? Boucher, He called out, " You damned rascals, this is " no time to be afraid," and immediately two guns were fired from Mr. Scrapie's party. Mr. S/ierzoood. ^Vcie those two guns fired at you ? Boucher. I do not know whether the first was or not; they were let ofi" very close together, and the second must have passed very near me, as I heard it hiss close to me. I tiien threw myself iVom my horse, which was very much iVightened by the shots, and run the distance of gunshot without stopping, and remained where I stopped till the battle was ended, Tlie battle lasted about a quarter of an hour, and I staid at the place where I first stopped till it was over. I was lyiug the whole time flat on my belly in the gra.s, which was very high. After the two first shots a volley was fired directly : but, as the firing became gene- ral, I cannot say posiiively by which party, but 1 think it was by the Hudson's Bay people. Mr. Shencood. Do you know how many volleys were fired by either of the two parties ? Boucher. No, I cannot tell that, it is impossible, as immediately after the two first shots the firing became general. Mr. Sherwood. Had there been any injury done to the Hudson's 13ay people before the assault committed on you, and their firing the two shuts you have spoken of? Boucher. Mo, not that 1 know of. Indeed 1 know that there had not, for 1 was present all the time, and I have told all that passed before the firing became general. Mr. Sherwood, Have you any knowledge of anj' injury J^ t9S being done to them after the battle, ^;\'hen, I believe, from their own account of the matter, they were entirely ia your power, that is, in the power of your party f Boucher. 1 do not know of any injury being done to them. They were entirely in our power after the bailie, and I know there was no injury done to them whatever*. Mr, Sliertcood. When the servants of the Hudson's Bay Company and ihe settlers went away, was an escort given them, to see them safe from any attack that they were afraid might he maue upon tliem i Boucher. At the time they went away there was a good deal of confusion, and some of them canje and asked nie to protect them against the half-brccds, and I conducted them as far as the Frog Plains, when I returned, and they con- tinued their route. I did not see any cannon in the engage- ment, but I saw one afterwar is, belonging to the Hud- son's Bay party. We did not bring any with us, I am confident. Mr. Sherwood. You are quite certain that it was pemican, and not cannon, that you had in the carts that accompanied you? Boucher. Yes, I am sure it was pemican. Cross- Examination, condudedby the AttounI!;y-General. Jllorneij'General. Was you at Fort William after the 19th June ? Boucher. Yes, I came down there some time after. Jttorncy-General. You have sworn today, tbat the only object you and your parly had in coming from Portage des Prairies was to conduct in safety some [)rovisions to meet canoes which were coming from the interior, and from Montreal; have you never given any other account of your object ? . * •..■•■. • ' . • ' ■.■.(' '■'■<.' '.. ■ ■>". I ■• 11 ,-\ * On the trial of Paul Brown, for the robbery of Heden, on Thursday, the 29th October, this witness (see p. 342,) swore that one of the half- breeds, named Caribou, had rommitted the robbery of which Brown was accused. To rob n »«>ttier, thrrrfore, wni " no i^inry irhnferer." • ■.' i ' *.'.-» • - • ,'' •'.'•♦4 ■!i.''r''*«!l.'?'- .;u:'.: -.r^ ; ' r':'i:v.'' ^"'f■■■ .■.•Jvi.; 1, .', V,. > . ' ■■ ' .•,..»^-/' ■■' •.> -i *■.■ ■-• ' ^'^^■■- ■ .•■.>k ■,' ••.-' 'f '•«■;■./. ,^ . :' ■*■. '.y ' • i. :*;! J, .> Boucher. J ma}', when I was not under oath. Attorney-General, Did you never say that your object was to destroy the Settlement, and the way you proposed to elTect it was by starving the colonists ? Bvucher. I might have said so when I was not under oath ; 1 may have told persons so. AUorneij-General. J)id you ever tell any body that your object was to take Fort Douglas ? Boucher. I do not know that I ever told any body so, but 1 might have said so. Allorneij'Gemral. Had you no intention to offer violence to any ptrson, but simply to conduct your pro- visions? Boucher. I never had the slightest intention to do any body any harm ; I was sent with the provisions. Attorne?j'Cieneral. Did you not hear it mentioned that you were to take Tort Douglas i Boucher. No, 1 never heard any thing of the kind. 1 heard that they intended to letake Tort Gil)raltar, it' it was not given back to tliem, but 1 lieard nothing of taking Tort Douglas. AttcrtH'i/-Gciieral. Did tlity go down avowedly to retake their i'orl, as you say, or to take Fort i)ougias ? Boucher. All 1 heard was, tluit while dowtj, they would get their I'uit again, and the provL-jious which had been taken from them ; but I do not know what was their object, unless it was to take the provisions. Attorncfj-Geiiera/. Did iNJr. Grant never coninuinicate to you what his intentions werer Boucher. No, he never did. I know that his direc- tions from JNIr. ^Jacdonell were to go below some distance, and wait there foi the arrival of tiie canoes. Attornc}/'Gener(iL And if you had not been attacked, you really believe Mr. (J rant would have stopped there.'' Boucher. Yes, I certainly believe he would have fol- lowed his orders, by stopping till canoes came, either from above or below ; I have no reason to think otherwise. Altorncij'General. Do you know, as these were his intentions, how it happened that, before any notice of the I ,(.■■!■. 4.. i... 295 ^ approach of Governor Semple and his party, your people made prisoners of some of the colonists ? Boucher, No, I do not know liow it happened. Atlornaj-Gcucral. But you know, 1 presume, that prisoners were made before your people saw Governor Seni pie's party ? Boucher. Yes, I know there were prisoners made, be- cause I saw them, but I do not know by wiiom they were made so I saw two women and one man. I cannot positively say they were prisoners, but 1 understood they were. 1 saw one at a free man's house, who is now here, and can tell you liiore about it. Attorney-General. I ask you again, was you not told, before you went away, that the party were going to make prisoners of the colonists, and tlius break up the colony ? Boucher. No, I was not told so. I never heard that they were going to take prisoners. Attorneif-General. Have you never told any body so? Boucher. I never told any body ko. Jttorncy-Gencral. Do y-^u recollect what you said upon this subject when you was before Mr. ^Jondelet? Mr. Sherwood. I will not let him answer that question, or give any information of what passed before Mr. Mon- delet. Indeed I am rather surprised, after the opinion of the Court, expressed on the trial of Boucher and Brown, when this same Declaration was attempted to be made evi- dence, and withdrawn by Mr. Attorney-General, that he should desire to examine Boucher upon it, for the purpose of making that same Declaration evidence agaiuit the accessaries, which he was prevented from using against the principal who actually n.aue it. Nothing that passed before Mr. Mondclet shall be made evidence here. Attornty-Gcneral. Did you never to any body say, that the intention of your party was to reduce the tort by famine ? Mr. Shertcood. If you ever said any such thing to Mr. Mondelet, you have no occasion to tell ; indeed you must not mention any thing you may have said before Mr. Mondelet. -H 296 .»;.*<■-•; ...''!;:• Attorney'General. I ask you if, in the presence of anjr other person than Mr. Mondelet, you have not said that the intention of your party was to reduce it by famine? Boucher. 1 was once asked by Mr. Stuart at the same time Mr. Sherwood. The witness is improperly led to men- tion the name of Mr. Stuart. J have the highest respect for that gentleman. His name ought not to be called in question. I object to the indelicate course taken by the Crown in this part of the cross-examination. Alturnty-GeueruL Did you never, in the presence of nny other person, sny tluit the object of your party on the 19th June was to starve the fort into a surrender? Boucher, 1 do not believe I ever said so. H- MICHAEL MARTIN, sworn. Examined through the Interpreter^ hy Mr. Sherwood. Mr. Shencoud. AVas you at Portocje des Prairies in June IBlfi, when tiie party set o^' to cany provisions to meet the canoes, which at that season are expected from Montreal and the interior? Martin. Yes, I was there ; I was one that went. Our orders were to go by Fort Douglas, at as great a distance from it as possible, and we did so. Mr. S/icrtcood. \A'hy were you told to pass at a dis- tance from Fort Douglas ? do you know of any reason? Marf'f!. It was to prevent our losing the provisions wc had with us, ai;d to a\oid being insulted. We iiad two cart-loads of provisions for our gentlemen, whom wc were to wait for below. I was ia tlie battle of the lyih June with the Hudson's T3ay people. The Hudson's Bay people fired fir.-it; they fired two shots before we fired any, for I saw them. I did not hear Boucher oidercd lo go, but I saw him as he was going, and f saw lnuj wiien he had got up to Mr. Semple; and whilst he was very near Mr Semple, I heard and saw a gun fired, and I know it was by the Hud- son's Bay party, because [ saw tlie smoke. vli. 297 Mr* Sherwood, Had you miy intention to do any harm to the Settlenicnt when you set oft' from Portage des Prairies ? jMarlin. None wliatever ; we did not think of it. Mr. Sherwood. Alterwards, when tlie settlers were in your power, did you do them any harm ? Martin. No, 1 aui sure we did not. Mr. Sherwood. Mad y(»u any intention of attaeking the Settlement, or Mr. Senjple, if he had not altaeked you ? Martin. No, that I am sine we had not; if he had not come uut to us, we should not have gone to him. Mr. Shericood. You are a christian, 1 presunie, and have heen baptized, liave you not? Martin. I am a christian, and was baptized in Lower Canada. ROBERT HENRY, Esquire, nworn. Examined btj Ulr, Sherwood. Mr. IJcnry. I left Montreal, as soon as the ice broke up in 1816, in company with Mr. M'Leod, M:. M'Konzie, Mr. Misani, and Mr. Brumby, to go to Fort William. From Fort William we were to go into die interior; our (jbject in going there was to secure provisions for our traders and servants, as we had great reason to apprehend that they would be taken from us, or be attempted to be taken from us, as thty had been in 1814. We had the usual assortment of goods taken up into that country with us; amongst them were some (t/m?/)??/^;/^"?, of course. W^e got a piece of ordnance at l^as de la Riviere, where we sto[)ped on our way up, as v\e usually obtain our provi- sions there. Mr. Shtrwood. Did you get them as usual this time? Mr. Henry, No, and so we were determined to take all the people we could muster, and go up and ascertain the reason. We had to pass Fort Douglas on our route from Bas de le Riviere, and liaving heard that we were not to be allowed to go by it, we took these precautions to protect ourselves. Our object was to avoid hostilities, if ■■• •' ' -1r \ <■ * V-\ ;* »• i' Mi !'* ' . > ■'* • V*,' •,y; .'.•■3 •': •u ■;•}■• ■ft-. •5. .. ^ ^iV':--. . ^-l. vr -.^Ai-v' .■.."'■ "" 398 possible, but at all risks to defend our property and our persons, if attacked. We hud no wish to interfere with Fort Douglas, but we were determined not to be prevented from passing it, and pursuing our commerce. If they would not let us do it peaceably, it was their fault if any thing happened. We intended to pass by day-light, and to go by Fort Douglas singing ; and if they did not molest us, we had no wish to say any thing to them ; but if they did, we were determined to defend our persons and pro- perty to the last. Mr. Sherwood. Did you, Sir, on your route, meet any of the defendants ? Mr. M'Kenzie, 1 believe accompanied you from Montreal ? Mr, Henry. Mr. jNl'Kenzie went with us from Montreal, and in the course of the route, I met most of the oilier gentlemen ; I believe all. Mr. Sherwood. I will not question you. Sir, at all about the affair of the 19th .lune, but 1 will ask you if, after that time, you saw a Mr. Pambrun in company of those gen- tlemen ? 3Jr. Henry. Yes, I often saw Mr. Pambrun at table with those gentlemen ; I have seen him frequently. Mr. Sherwood. Did you, Sir, consider those gentlemen, or any of them, as accessaries to murder? Mr. Henry, ^o, that 1 did not; 1 should have been sorry to have been in their company if 1 had done so. Mr. Sherwood. Mr. Pambrun has told us he does con- sider them so. Pray, Sir, did you see any reluctance in Mr. Pambrun to partake of the hospitalities of your table along with those gentlemen ? Mr. Henry. No, certainly not. If he had had any objection, nobody would have forced him to dine with them. Mr. Sherwood, Do you happen to know whether the North-West Company ever granted this Mr. Pambrun any favours, as he considered them at the time? Mr. Henry. I know that he received many favours from the Company, for which, at the time, he appeared grateful. I know the Company exerted themselves relative 299 to his half-pay, and I believe it is owing to their exertions that he now receives it*. Mr. Sherwood. And he evinces his gratitude by pre- suming you are a set of murderers, or accessaries to mur- der, and says he considers himself disgraced by sifting ut the same table with his benefactors. Crost'Examination by the SoLiciToa-GcNERAL. Solicitor-General, I think you said, Sir, that neither you, nor the party with you, had any intention to molest Fort Douglas ? Mr, llenri/. I have said we had no intention to molest it, nor had we any design of doing so. SuUcitor'Gentral. Have you any recollection of ever writing a letter, in which a very diflerent sentiment was expressed, but expressing your satisfaction at finding it already taken ? Do you recollect writing such a letter to a Mr. Henry ? Mr. Henry. I do not recollect that I did, but I may have said to Mr. Henry in a letter, that I was glad it was already taken ; I will not say that I have notf. * This statement is totally unt'uuiided. Mr. Pambniu has always ob- tained his hiilf-jiay without difliciilty, tinongli tiie niodiiim of his agent, wlio has no connection whatever with the Nortii-West Company. t Tlic Solicitor-General might have produced the letter alluded to, which, when compared with Mr. Henry's testimony, would certainly have given thj Jury a high idea of the credit due to this partner of the North- West Company. In a letter, dated Fort William, 3d of June, 181G, about a fortnight previous to the attack upon the Settlement, after mentioning that " wc have sent off an express to Fond du Lac, to raise the Indians, " and meet us at Jicd Hivcr ; and wc also take some of the Lac la Pluic " Indians," this ]\Ir. Henry writes, " wc start to-morrow for lied Kiver " about fifty men and gentlemen. I would not be surprised if some of us " should leave our bones there. In case it may be my fate, is my reason " for writing you at present. I am very much afraid it will be a serious " business, but I hone for the best. I expect William will come out, in " which case he will certainly go down ; and should I return from Red " River safe, I feel nn'ch inclined to leave this rascally country forever." In another loiter, dated Fort Vvilliam, 22d July, 1810, he says, " I wrote <' you when I left this for 14ed River. Nothing of importance occurred on <* our way there. We arrived at that place the 22d of June, and, thank " God, three days after the battle with the half-breeds and Hudson's Bay " people. :, t' ! I •■V ; t ',■• j:^K .■.v-s ••■ .'."■.♦-I..-. ■/ ■; •■»! ^•''■; ...it- •v.'.. ■VV. .!■■ • 300 Solicitor-Gmeral. IJiit you are c|uite sure tliat you and your party had no iiueiition of attacking it? Mr. Henry. U they did not attack us, we had no in- tention of molesting them; but if tliey did interfere with us, we were determiiied to defend ourselves to the last. Solicitor-Cieucral. You appear to have been prepared for an attack ? Mr, Hiiirij. The impression upon my own mind, and { believe upon others too, was, that we bhould not be per- mittid to pass without being attacked, and therefore I thought it best to be prepared : but it never was our inten- tion to molest then), though we were prepared to resist any outrage committed tipon us; and it miglit be in this way, if I did write it, that I said I was glad that Tort Douglas was taken already. I might have forgotten to explain myself fully, it was jionlidenll}' expected that we should be attacked at Fort Douglas, and AJr. Henry living at a distance, I might, in writing hastily to him, have said that I was glad it was already taken, meaning 1 was glad we had no difiiculty. Solicitor-Genera/. Do you recollect, when at Fort Wil- liam, writing to a person at Fond du Lac, to raise the In- dians in that quarter, to march to Red River, to ujeet you there upon your arrival r Mr. JJtjirt/, I did write such a letter, and my reason for doing so was, that, if our provisions were taken from us, and we were not permitted to carry on our trade, they too would sufler as well as ourselves ; and 1 thought, if a strong party, capable of dt fending ourselves, and carrying our j)oint, were seen by the Hudson's Bay people, it might prevent our being attacked ; and if it did not, we should be better prepared to defend ourselves. SoHcHor-Ciiuerdl. This was before Jjord Selkirk took possession of lujrt William, I [)resume? Mr. Iltnrjj. Yes, it was. " 1 lliank Providence fluil iho battle was over before we got tlierc, as it " was. mil intention to siorni tiie fort. Oin party coiisisted of about on? " hundred men, seventy tire-arm«, .ind two neld-piecps." m i 301 lic-cxamined hy Mr. Livius SiiinnvooD. Mr. Lhuiis Sherwood. Though before Fort Wilham Jjad been taken, it was not before Fort Gibraltar had been taken, I believe, nor before the express had been stopped, and his letters taken from him, that you wrote to Fond du Lac ? Mr. Henry. It was after we had heard that Fort Gibraltar had been taken, and that our express had been made a prisoner and robbed of his letters ; and from these, approliendinu; that further aggressions would be committed, and that o.u provisions would ha prevented from coming down the OssiniboineUiver, we did this ; and although wc went up with a strong par./, and with arms, they were oiily to act in self-defence. Re-examined hi/ the Solicitor-General. So/kitor-General. Are not you, or were not you, in- dicted tor this otlcnce at Monlrcal, or in the province of Lower Canada ? 3Jr. LLnvij. I do nut l.;iovv that I am. I believe not. JAMES L B IT li, hUq. sworn. Examined by Mr. Sherwood. Mr. J.eilk. On the 13th June, 18 If), a number of the North- West gentlemen came to my post at Kainy Lake, and amongst them some of the present defendants. Mr. Sherrcood. Yon, Sir, I believe, are a partner of the Norlh-West Company, and are acquainted with the nature of their trade? Mr. Leitk. I am u partner, and have a knowledge of the mode in which the business is conducted. Mr. Shrricuod. You have, Sir, in your employ a great number of servants of ditferent grades. \)o you clothe them all, or furnish them with what, I believe, you are accustomed to call equipments ? Mr. Jjfilh. They are all furnished with what wc call tquipmeuls, by the Company, and some with double ' *'• it ' ■■'.■'''' 302 :0 %^ :•%.•' if»;: .mi^ equipments ; but all, whether clerks or voyageurs, have equipments found them by the Company. Mr. Sherwood. What number of equipments do you dispose of annually ? Mr. Leilh. I cannot say ; but they amount to some hundreds. Mr. Sherzi)ood. Did you go on with these gentlemen to Red River, and take with you what people you could spare ? Mr. LeifJi. Yes, I did accompany them, and my peo- ple, and a number of Indians went aUo. Mr. Sherwood. You doubtless knew lii ir intentions well ; will you please to tell us what their objects were ? Solicitor-Getieral. This gentleman may tell us what influenced him ; but what they might tell him their inten- tions were, can be no evidence. 3Ir. Sherzi'ood. Have the goodness, Sir, to tell u'swhat led you and your party to go to Red River. Mr. Ltit/i. In March or April, I received letters in- forming me that Mr. Duncan Cameron and Seraphim Lamarre were taken prisoners, and that the general report was, that Fort Gibraltar was to be attacked in the spring, I forwarded the information by express to the agents and partners of the Company. I afterwards learned that Colin Robertson and a party had taken it, and also that we v.ere not to be permitted to pass up the Ossiniboine anci !ed Rivers. Knowing that hundreds of our servants must be starved if this was submitted to, we determined to go in considerable force, and see whethrr we were to be pro- hibited trading or noi, and also to make the necessary arrangements for preventing disappointment in future. We had, undoubtedly, no oiher intention than to go cjuiet- ly, if we were not molested ; but we were detei nnned not to submit to any attempts to liiniler us from f>H^i.it)|ir quietly, and we were in hopes, that by taking a lart: -jiee we should induce tliem not to molest us in our pa.^'jiige. We stopped in our way at Bas de la Riviere, and there two of the boats took in a piece of ordnanee each, and we then proceeded on our route, wishing to meddle with 303 nobody, but determined not to be prevented from pro- ceeding up the river, which we considered, as the great highway of the country, we had a right to. If we were obstructed, we determined to defend our right at the risk of our lives. CrosS'Examination, conducted by the SoLiciTOR-GENEUATi. Solicitor-General. There were cannon at Bas de la Riviere, which you took with you ? Mr. Leith, Yes, we took two pieces of ordnance. Solicitor-General. Do you know where they came from to Bas de la Riviere? Mr, Leith. No^ I do not. I only know that they were there, and that we took them with us. Solicitor-General. Have you no knowledge that they had been taken from the colony at Red River ? Mr. Leith. I cannot say whether they were, or were not. I know nothing about them. ft. ..ii "■■'f ■i^■l^ I v.- ■h The Hon. WILLIAM M'GILLIVRAY, sworn. Examined by Mr. Sherwood. Mr, Sherwood. You, Sir, are, I believe, the senior partner of a very extensive commercial establishment, called The North- West Company, trading into the Indian country ? Mr. M'Gillivruy, I am senior partner of that Company. Mr, Sherwood. Is it the duty of the gentlemen station- ed in the interior, to give you notice if any thing |)arti- cular occurs near their respective posts ? Mr. M'Gillivray. It is their duty to do so. Mr. Sherwood. In the early part of 18 IG, did you, Sir, receive any information from tlie Red River country ? Mr. M'GiUivray. About the end of March, an express arrived at Montreal with letters from lied River, (brought by one La Gimoniere.) Their contents were public enough, viz, that Fort Gibraltar, one of our stations on the \M. :-. '■■ i:'j- ('.. ;-'.;-?^ '■■I.:.:':. V. .;>y V ^m-i 304 Red River, had been taken hy Lord Selkirk's people in October 181 />; that Mr. Duncan Cameron, one of our partners, and a clerk, had been taken prisoners ; and threats were made use of, that all the rest of our posts should be taken. 3Ir. Sherwood. Will you relate any measures of pre- caution that were taken, to prevent or counteract the in- conveniences threatened by tliis and similar conduct ? ilTr. JSPGillivratj. To do so will lead me into rather a long statement, as there are a variety of circumstances con- nected with the transactions of that time, that it will be necessary to explain, so as to enable the whole to be under- stood. Mr. Sherwood. It is very important. Sir, that we should have the inlormation you rel'er to. Will you therefore give u;i a succinct narrative of what measures were taken in consequence of the communication you received from Red River, or, indeed, any information which you may consider calculated to throw a light u|)on the transaction of the 19th June, 181(1? ]\Jr. Nbdillivruy. In the early part of 18U», and par- ticularly after receiving the information I just now alluded to from IJed River, we htc'inie apprehensive that the same game wuuld be pli^.yed ;ii;:iin which had been played in 1814 ; for, owing to these seizures, and liie enemy being in possession ot' ihe conmiunication from Upper (,'anada, which j)revented the agents of the jSorth-VVest Company from forwarding provisions as usual, our stock had been reduced so low at the dejjols, that we were lej't greatly dependent on tlie (]uantity to be collected in the interior country, and the securing it became an object of the great- est importance to us. Mr. '"^/lerwood. Jt was in 181-1 tliat your provisions were seized in various places, and urickn* the assumed authority of Mr. Miles Maedonell, I believe? Mr. M^Gi/iivroi/, They vere taken in that year piin- cipally, ttnd it was to that I referred ; for their captures, in conjunction with the circumstanee>} of the war witli the United States, zchich had emploijid a preat proportion of '^r 'g 30^ the Indians*, had reduced our stock very low, indeed so low, that, unless considerable precaution was used, many of oUr most distant posts might be exposed to starvation. After numerous consultations among our partners, it was determined to send an agent, and as many of our partners, and of the clerks, as could be spared, into the interior, in order to protect the provisions in case they should be at- tacked. My fear was, that the plan laid some time before for our destruction, by depriving us of our supply of pro- visions, might be carried into effect; and also that, unless our people farther in the interior than Red River received timely notice of the capture of Fort Gibraltar, zc^hich was the post theij were accustomed to deposit their returns at, our furs might also be stopped. Mr. Sherwood. Had you, Sir, any communication with Government on the subject of affairs in the Indian country? Mr. 3I'GUlivrai/. I had. Upon receiving information officially from His Excellency Sir Gordon Drummond, of the intention of the Government to furnish Lord Selkirk a body guard from the military, 1 remonstrated against it^ and pointed out what, in the exasperated state of the country, 1 feared would be the consequence of such a step. I should, with my knowledge of the Indian country, have thought myself highly criminal, if I had not calied the attention of Government to what was going on, and what I foresaw would be the result of the measures which were pursuing; but unfortunately my representations were not attended to in time. 3Ir. Sherwood. Upon the subject of military protection or countenance being given, did you make any represen- tation to Sir Gordon Drummond ? Air. j\PGillivraij. 1 did, and my reason for doing so was this : i knew what tlie consequence would be to the traders in the Indian country, if once the Indians were per- suaded that one Company was peculiarly protected by Go- ■.t \ . 'I ' .. . . ..." . •i. »■•■». h^h •t ■'.i'hr- V .•*''- 'v.*-i- ; ■ . >*;,•; t. ''■, .•*?■*; ,'^v^' \' ^ !_ .-•'*'v > * ■ J. - * .' ■/ 306 vernnient, or had any exclusive privileges ; and [ was fear- ful that the circn instance of a body-guard being furnished to his Lordsliin might be used so as to induce the Indians to believe that the exclusive protection of Government was given to his party. Mr. Shcncood. Did you, Sir, apply to Government to nominate some person to go into the Indian terrrilory and report the slate of affiiirs ? Mr. M^GiUivniu. 1 di 1. We had been accustomed to protect our own trade; indetd, till lately, it was very little protection that it required. Fearing the use that might be made of this military guar.', I thought it highly necessary that we also should \vask- some \;xou\ of th.e protection of Government b. in:'- (■.''';•, liv exteadcfl to us as toothers; and I therefore ma'ie ap|.'lication toSirCJordon Drummond, to give leave of abs. tjco to two oCicers of resptetability, tliat they iiiigr.t accouioany ear p:uiners to the interior country, in order to enable a? al.so to say to the Indians, that we had the protection of Government as Vvell as our opponents. Permission was accordingly given to Lieu- tenants Brumby and Misani to accompany our gentle- men, and at the breaking up of the ice, every tiling having been |.'reviou:ily prepared, they left Montreal*. " 'llie vicw.s ol" tho NorUi-Wf'st Company extended rather farllior than this. In the httei ii.khobeJ l)y Arcluliald !S. AM.eod, to tlie person in cliarge otl'ond t!ii Lac departiiiont (see note at J)at;e 27-1), the^o oflioeis are referred to as a [ r 'of that the NOvth-West Conipany enjoyed tlie e\chisi\e proteetion orCioxciii'ii.'Ut, a!ir'y ^Ir. M'Jjeod's oi;lers,and aceonij'any Iiini to Hed Kiver. If tliis suhject had l)eeii pursued on tlie ci(is.>-e.\annnation of Rlr. M'< iilli\ ray, the oolonr which has heen j|«"iven to it would have been removed. More than twelve laoiUhs lieiure t'.ie period here alluded to, by Mr. iM'Gillivray, 17;:. in the year Ksi.), Lord t^lkirk made application to His Majesty's Ciovernnient, not for a body f,uard, but for a small detachment of the Kiiiijs'.'i troops to be stationed for some years at Ked liivcr, for the proteciion of the peo|)le, and the preservation of the peace. Orders were accordingly transmitted to the oiiicers then connnandiug the forces in Canadii, but the amount of the party to be sent being left to his discretion, 307 Mr. Shertoooif. Did you accom|)any these officers your- self, Sir ? Mr. M'GiUwray. No, I remained at Montreal until my usual time of setting- out for Foit Wiiiiam. 1 arrived at St. Mary's on the 17th Jutic, a:id there 1 received let- ters from Mr. l.eiih and others, giving accounts of the de- predations committed at the lied lliver hy Lord Selkirk's people. Mr. S/iericaod. And for the rcasi)ns yon have stated you made the various representations to iiis xMajesty's Government (.n the sui)j.'ct of Indian ailairs? Mr. MHiiiiivrajj. "its, as far as 1 remember, tliose .|: •V ■:^:H 'f».;' "'■I that officer tiioii<;lit (it i,, conduit Mr. :vi'(>;iiiviav on the subject, and upon liis advice, refiisuil ;i;i,).r(.thcr to ^ra-.st tii-j dcv^red protcclioii. It cannot be douhtod, that if a di lachniciit of tho Kind's troops, however small, had been ':tationed at IJod IJiver, it wordd have overawed any violent attempt, (if any had been in coiitenij-latlon,) Cordepriviii-lhe Nort'.i-Vi'est Company of their provisions: if Mr. jM'C.illivray did reaiiy o.itcrtain Mich appre- hensions, and if iiis views iiud iK'Cii limlte-.i to :ii U'-ilcfeiice, it is uu'onceiv- able tliat he shonid have opposed (lie nu asnie in (juosiioii. In fact, the very eircuinstaiice of Lord .Selkirk's Iniving applied for this species of pro- tection, ,';oes far to prove that r.o such views were enteiiained as Mr. ]M'Gil!i\ ray ascribes to the ofiicers of the 8ettlemer.t. On tho other hand, it deserves to he noticed, tliat at t':o \eiy jiioairnt when Mr. M-Giiiivray was ext.ressinc; to the Governor of (hiebe;;. Lis remonstrances at'.iinst setidinyr any trooj):-! to Red \l\\pv(viz. in June {8l.-))liis partners Alexander Macdonell, and l)nnea;i Cameron, were actively eii:,'ased in ejecting " the dow:-h.ll of the colony," i»y ti;e dis-^racci'id proceedings that are detailed in the evidoiice of iMiks ,:\iacd(.ne;l, Jcihn i'litduud, and others, fiiven on the trial oi" Colin ni,!)eitsi)n and Oiliers (see p. 11 to p. 22). The in'esuice of the King's troops at the IJed I^iver, ccnld not be very accepiabic to an assocjiifion whose de-ious ai;'.ii]i.-.t the Settlement arc expressed in ian!,i:nr;e nut u) be iniii-nide: -too.l, in a letler liatcd ihe ."jth of AuL'nst, !bl t, wriilen and siured by .\K-\ander Alacdoncil, otic- of the partners, and directed to nnoihcr, ike broi'-er-in-law of Jlr. Ai'Giltivray. *' \'on see niY.-cH", a. id onr nmtital tViend .Mr. Cameron, so !ar on onr way " to commence o-en ;ii utilities iipiii^sl llu- en- my on iicd Ki\er. i\luch " is exjieetcd /voiu ii-, if wo believe some, THrhaps too nmch. One thin;; " oerJain, that ue v. lit do our b;'st to defend, wiiat wc cmmder our ri;iht3 " in the inte-.-ior. Sonn tliirig serious will nndoinjtodly take phice. Nothbi:; " but the conrplete downf.dl of the colony w ill satisfy some, by fair or fad '' means— a n-,ust desirable ebjrn't, if it can be accomplished, So, here ij» " at them with all mv heart and eiie!-\-." •1: :•'■»; .1 -M •i. •'.'.! .' ■■,' *-■ '!.;• . .:»^-'-: » f; ^c ■ ■ ,«• - ; ^ -, .i.. ■'■■: ■^^:-;*', ^'v' :■? r ■ .... •^ '■■■.. 'h 'JrA .*^ ■>.' ;v;"c > ...^.4-S:.;' , '•'■■■ '"' .- . ^ft . S ,7 '^v (''■■.'v.. . 'i ,303 were the reasons. With my ex|)erience for thirty years in that country, I should have considered myself as inex- cusable, if I had not endeavoured to call the attention of Government to what was the actual state of affairs there, and I can only regret that n)y representations were not earlier attended to. Solicitor-General. I am sorry, my Lords, tc make any opposition to Mr. AJ'Gillivray's relating every thing which he considers important to the gentlemen in whose behalf he is brought forward as a witness ; but the detail of facts, into which the questions of the learned counsel have led him, cannot be considered, I think, as any way connected with the cause at present under trial, and therefore ought not to be continued. Mr. Sherwood. The preliminary questions which, for the purpose of letting the Jury clearly understand the case, J tliought it expedient to put to AJr. M'Gillivray, are finished, and I proceed immediately to points that have al- ready been given in evidence. My fust object will be to explain how it happened that equipments were given to the servants of a Company who are constantly accustomed to clothe the whole of their very numerous servants ; a circumstance about which a afreat deal of art has been used. I believe, Sir, Mr. M'Leod was among the gentle- men who accompanied these officers whom you had so properly applied to Government to allow to visit the in- terior ? Blr. hVGiU'ivraij. Mr. Archibald Norman M'Leod was the Agent of the Company who went with those gentle- men. 71/r. Shencood. Have you any knowledge. Sir, of any equipments going up with those gentlemen? Mr. M'-Gillivray. 'J'here were a quantity of cnuipments, about thirty or forty suits, as 1 think*. • In this examination two things arc confounded which are entirely distinct. Tlie North-West Company, as well as otlier persons engaged jH the Indian trade from Canada, furnish each of their servants with an annual allowance of clothing and other necessaries, the particulars of which ■'v.;'r.*!k ''" 309 Mr, Sfurwood, Was that a very extraordinary circum- stance, that canoes going to the interior should take up equipments ? 1 am desirous of knowing whether it was a circumstance calculated to excite surprise, and manifest- ing some inriroper design, or is it a usual occurrence ? Mr. M'Gillivray. It is a very common occurrence; so common, that all the canoes that go up take more or less of them. il/r. Sherwood. In the very extensive commercial pur- suits of this respectable Company, of which you are the head, I presume you have occasion to employ a great num- ber of servants of different descriptions, whom, 1 believe, you lurnish generally with^clothing f », .1 ...W ^ x •• \ i arc generally specified in their rontrarts, and form, therefore, a part of the regular and stiptilatcd remuneration of tlieir service. This annual allowance is called the *' Equ'ipement •" The term '* IlubillcmetU," is applied to a suit of clothing bestowed as an extraordinary gratuity, in consideration of some peculiar merit or service, and given at tiie discretior of the master, over and above the annual stipulated " eqmpemcnt" The evidence of Huerter and Pambrun distinctly prove, that the " habil- " lements," distributed by Rl'Leod to the half-breeds, who had been engaged in the murders of the 19th Juno, did not form any part of the ordinary allowance of clothing to the servants of the North-West (Company. Huerter particularly specifies, that M'Leod, in his speech to the half-breeds, mentioned his liaving brought " hubillemcnls" for them, and that these were not the regular equipments. Pambriui says, that he gave them presents of clothing, and that one of the half-breeds shewed him what he had received, and said that it was for the I'Jth June. This evidence might have been corroborated, if the Attorney-Gcncial had thought fit It niigiit have been proved that others of these men received presents at Fort William, exactly similar to those distributed by IM'Lood at Red Kiver. A paper in the hand-writing of Sivewright (one of the prisoners) had also been com- municated to the Atloriu'v-GeiK'ii'.l, er.titled, " List oi' the limits who " received hubilkm ids on tlie 2fitli Jiiiie." On llie reverse of the same paper was a list of otiiers of the half-breeds, who were engaged in that horrid transaction, apparently an enumeration of those who had not yet received Uiis gratuity. This list was found in the 'lc>k of an officer at I'ort William, where the t'/jidpiuads uie made i;p aiid (,'stribiited. liills of lading of some caiioses which went to lied UIm r with Mr. Alexander Macdonell, were also found, containing several " hahilleincDls" for a number of the half-breeds who remained to be supplied. Ijills of lading were also found of the cargo which had been made up at Fort William for some other canoes, destined for Red River : and this cargo contained " t'vi(/;jf»K7» , -'•?;, > . ... :m'r , ^^v^ ■,•>*■• -^ ■/:^'.;h. :• 4? ■. -.« ■ • ' ■ ■ V . 310 il/r. M^GiHivray. We have a great number of persons in our employ, in (lilViMcnt situations, as clerks, voyacjeurs, and in other capacities, wiioni we supply indiscriminately with ccjuipments ; they lorni a part of their remuneration, and are invariably sn|iplicd by the Company. Mr, S/icncoud. Then, Sir, ccpiipmenls must form a very considerable item of expenditure annually ? J\f}'. M^Ci'ilikray. They i\o. Jt aniounls to a heavy sum. Jl/r. Sluriiuud. Have yon any knowledge ol' how many Imndred, or thousand, suits, (for, so e.\lensive as your eon- hc'v uinount to thousai annua iiy ibly ,) leqi urn- Mr, M'CiUivraij, I cannot say ; but it is a grejit n ber, and they are attended with a very heavy expense. Mr. S/icr:c(>('(f. What, Sir, is the f(jod principally depended upon K)r the supply of the tradeis ? I\Ir. jM'diUivrtijj, A preparation of ihied bullalo meat, called p( mican. Mr. S/iencoiul. C'ould your trade be carried on without |)emiean in that country nfr. jM'Cil/ivra//. 1 certainly do not believe that it COUKI. 31 y. S/icrK'ooth Is it from the lied Kiver count r}- that you have been accustomefl to be supplied wiih pen)iean ? 3Ir. JWddlh'nuj. It v-, I'rom theie we have always drawn oin"sup[)lies, as th.e l)uifalo abounds on the extensive plains in and about that part of the Indian euuntry. Mr S/ieizcoad. If you weie deprived of your ordinary supplies in tiuit quarter, is there any (jiher place from which you could rteeive tliv-^m '{ Mr. MHiiilivitii/. There is another place, bi't it is at a great (hatance, and Vuv. buHdo are not so plentitui as in the nei^hbouiiiood of Ued iviver: we alwavs have been aecus- tomed to 2;< t them from here, and it is the most convenient. be inii near our route. Mr.S/ieniH)od. iUwc yon been, till V' iihin these few years, accustomed to trade m the 1 r,(iian country, ujjon Lake Winipic, and the rivers leadini' into it, or out of it, without molestation or tnterruption ? Mr. M'diluviat/. IVe hate for years, I bi/ieve, before 311 persons forni a the conquent. We have, to my own kno\vle(ii.'C, for Up- wards of thiify years. IMr. i>lnrrcooil. Were llit-re, Sir, when you (irst went into that country, any Hudson's \li\\, traders accustomed to visit it r Mr. M^ni/Uvra//. There were not nny established in it, nor ("or some years afterwards ; for at leaat eight or nine years after. Mr. S/iencoo(f. Then to your knowledtre, to go no farther back, you were accustomed to trade for nine years in the conntiy liefore these [)erso!ij came to it, who now wniit to turn you out ol' it ? iMr. jSl^Gillivraf/. It was nine years after I h{id been used to trade into that country, that I (irst saw any Hudson's Bay people ou tlie Red l»iver. Cross-ExcnnUudiOii, condi'ctcd Isjj (he Solicitoh- GiiN i:kai.. SoUdLor-Gencral. Are you sure tiiere was no intention to take Tort Doug.'-is oti tlie pint of liie gentlemen wlio Wtiit with these otHeers vou have siioken of? Mr. IM'CiUlivrai/. It was lu- vi r dreamt of; they had ')o such design, 1 am sure. Soliciior'Gcturfi/. For whom, Sir, were these clothes partieiiijuly intended which weie taken up by Mr. M'Leod r 3Ir. M^'GiUivraif. They were intended for ti)e Bois- bruitj servants of the Company, I hehcve ; but I cannot say positively that they were. For the space of two years pre- vious to this period, I know there had been a "ontest between the North-West Company and the Hudson's Bay people and Lord Selkirk's agents, who should most attach the Brules to their interest: these clothings or ecpiipments were therefore given to the gentlemen going up, to be a[)plied discretionally, as tluy ujight best conciliate the engages or natives, without any restriction whether they should be given to \\ bites or Bruies. Solicitor- GtiieraL IJaveyou not a knowledge that they were directed to be given to those who had been the most active in opposing the Hudson's liay Com[)any ? I, n SIS ■•.'" V •».< t. Mr. M'Gillivray. I do not know whether any such orders were given or not. I did not hear of nny such. Soficilor-General, Had you any reason to apprehend sucIj rt dreadful occurrence as this, from any thing you had heard on your way to Fort Willium ? Mr. M'Gillivray. \\'\\\\ tiie experience [ had in Indian affairs for upwards of liiirty years, it was impossible not to foresee that some (headful catnstro|)he must happen. I made representations to tlie Government, which unfortunately were not attended to in time, and the meUmcholy affair of the lytli June took place. As soon as 1 knew of our fort at Red Uiverbein'^ taken in March, which was at St. Mary's, on my way to F!)rt William, I wrote to Montreal, and it is singular, tliat at the very time I was expressing my appre- hensions of the dreadful consequences to be expected from these outrages, the battle of the IQtli June took place, of which [ was informed after my arrival at Fort William. In consequence of my letter from St. Mary's, Mr. Richardson, at my request, proceeded to the seat of government at Quebec, with all the i"formation I had been able to obtain upon the subject, and agai'i urged the indispensable necessit}' of appointing an oflicer, clothed with sufiicient autbority to keep the peace in the Indian country, and investigate the state of things. ■ A'„', Rc-ecanntiedh)/ Mr. Sherwood. Mr. Sliericood. How long, Sir, have the Hudson's Bay Company and Lord Selkirk traded in to tliat country ? Mr. M'Gillivray. Tbe Hudson's 15ay Com[)any were accustomed to trade here before the establishment of the colony by the Earl of Selkirk. Mr, Sherwood. When was tins colony begun? Mr. M'Giliivray. It was begun about 181'2. 3Jr. Slierzcood. Had you difliculties with iheHudson** Bay Company, or did they commence with the establish- ment of this colony ? Mr. M'Gillivray. We had no extraordinary difficulties till the establishment of tliis colony in 1812; I do not say there were none, but there were none of any magnitude. 3[H Mr. aherwooU. iVay, Sir, do ymi know a Mr. Fieri e Pambruii, a luilt-pay otticer ? Mr. JSt^Gillivray. Yes, [ know soinelliing ofhiin. Mr. f^herwood. You, Sir, I believe, have julmitled him to your table. Did he appear to think himsi:ir disgraced or honoured, by being permitted to take his scat there with yourself and I'riends ? Mr. M^Gillivray. lie certainly did not consider him- self disgraced, I should think. Mr. Sherwood. Did you ever observe any reluctance in his conduct to sitting with those gentlemen.' Mr. M^Gillivra?/, Assuredly not. JOHN THKODOUL: MISAM, sworn. Examined hi/ Mr. Shi:hwoo». Mr.Mmni. I left Montreal in the spring of 18 IG, to go to the Indian country, in company with Mr. Archibald Norman M'lieod, Mr. Alexander M'Kenzie, and Mr. Henry. We stopped at Fort VV^illiam, and we found Dr. McLaughlin there. We left him at Fort William. Mr. Shenvood. Did Mr. Simon Traser, or Mr. John M' Donald, accompany you? Mr. Misani. No, they did not. Mr. Sherwood. Where, in your route, did you first see them .'' Mr. Misani. I first saw them on my return from Fort Douglas, at Kiviercaux Morts; ihoy had come Iron) their winter quarters. Mr. Sherwood. Was it possible these gentlemen could have come from MaX River.'' Mr. Mi'iain. No, bccau.se I must have met tlicm in going up, as I merely went to Fort Douglas, and returned immediately. Mr. Sherwood. Did you see Dr. M'Laughlin after leavini; him at Fort William ? Mr. Misani. Yes, I found him also at Riviere aux Morts on my return. Mr. Sherwood. You, Sir, I believe, in conjunction with another officer, received leave of absence, at the solicitation of the Noilh-Wcst Company, to enable you to go to the S H -It :r ' r ' -.'i , ■.••■I'V. . :!!••?"■ >•' 't-' '-v;/; ■■V>''i; . ■.: "■,' ■ >rv:> . ■ *>- .< . « '. • /v'v'' '■;** ■ i"''"' i ■ -'* ■■■ ^c. ■ , ♦■' • ■ •<■*■ , 1 • • > ,,' , y- . '. ■0 ■•^a^;:. ■•■'VV. '^ :■'•^.:^^ ■,■"')«: •■ ' ■■'ff.- ' . .■ ^rt^ ■i ■''',.''.>■,' " ,',('%. . . V '" • • ' ■rfe, .r/V.;'. "rM ■?■■'''• •' • -i^,^ ' ' ', it ■' ■ f r r^ . . * , ■..~^' ■■ ' ,* '■f>t-. . -' . .' h\y ..V'*." ,■ ■:».■''<■ ^^^.•'^H^ .• V 'I- ■■^:r-5/ '^v i-''. Hv,- .•: .• ■it-:;^:; : ■^iu"::- ''.'"'" 314 Indian countr}', to rcpoii the actual state of affairs, accoidinii; to your observation r Mr. Misani. Myself atid Lieutenant Brumby received leave of absence for six months. 1 know it was in con- sequence of the appHcation of those gentlemen, and I saw a letter to Sir Gordon Drummond, applying for leave of absence to be ^franted us. Mr. Shcncuod. Do you recollect seeing Mr. Leith on your route? was he with you at Bas de la Riviere ? Mr- Misani. Yes, I saw Mr. Leith on the 20lh June, at l?as de la Riviere. Mr. Sfierzi-ood. Wa** Mr, M'Leod with you there? Mr. Misani. Yes, Mr. M'Leod accompanied us there. ]\fr. Siierrcnud. Do you know any thing of a meeting of savages, commonly called a council, and were you and Mr. Bruuiby present at any such council ? Mr. "^lisniii. I and Mr. Brumby were present at a council held at /Jas dc la llivitre [Lnfit la /V/aV] ; Mr. M'Leod and Mr. Leith v/ere also present. -!//•. Shcrzciood. \\'as any si)cech made to the Indians; by whom was it made ; and what was its purport? Mr. Misani. Mr. M'Leod made a speech, through the medium of an interpreter, in which he explained to the Indians the violences which had been committed at Red River, and [r// Ihia dc fa Riiicre,} and requested such of them an were zcil/iiig, to give their assistance, as they z€ere afraid of a repetition, and that iheij were going to arm in self- defence, [ilir. AJ' Leoil said that they had received news of Fort (jihraltar being destrof/ed, and that they would hold a council amongst themst/ves, to consider what was the best to Ite done, and the result shouid he communicated to us. Mr, Leith said aftenoards, that thci/ had determined, as they knew that cannon had been planted on the banks of the river to prevent anij passage, and that the lives of many hundred people in the interior depended iipoii the provisions tiiey had above, to a m themselves, and go to fetch those provisions ; that they ivould, if not molested, pass the ^Settlement singing, and returti in the tame zcay ; but, if attacked, they were diter mined to defend themselves. The same was afterwards told to mt by Mr. M' Leod.j . r US. 315 BIr. Shermood. Do you know that these genlleiiieii did arm in self-defence ? Mr. Misani. Yes, 1 know they did. Mr» Sherwood. Did ym understand uhat was their object in going farther into the interior? Mr. Misani. I understood it was to carry supplits, and to obtain provisions for their traders and servants. Mr. Sherwood. Do you know that the North-West Company have many hundred persons in tlie wilderness depending upon them for their daily nourishment ? Mr. Misani. Yes, I know they have an immense num- ber of persons in their employment through the Indian country. Mr. Shencood. \ou, being well acquainted with their object, did you consider ll a justiliable one ; and did you, after you knew their apprehensions of bt ing attacked at Fort Douglas, continue willing to accompany lliem? Mr. Misani. ^ es, I had no objection. 1 had said I would go, and I saw no reason for changing my mind. Mr. Sherzcood. You, [ suppose, had no intention of attacking: Fort Douglas ? Mr. Misani. No, I had nothing to do with them. ISIr. Sherzcood. But if tliey had attacked you, you pro- bably would have defended youraself ? Mr. Misani. Yes, most certainly, if attacked, I would have done what I could to defend myself. \^i HUGH BENNEIIMAN, sworn. Examined bij Mr. Shi:rwood. Mr. Sherzvood. Do you know Michael lleden, who has been examined as a witness in tliis case? Bennermait. Yes, 1 know him very well. Mr. Sherzcood. Did you ever have any conversation with him on the subject of the battle of the 19th June, and what did he tell you, and where and when was it ? Jknnerman. I saw him in this town of York last sum- mer, and he told me that Mr. Semple's party fired first. •■■■, ''Vi;.:.: ;«V •I * ■ > ■!v.3 ;: 3 1 Crc^s-tx i)/iinn! bi/ ihc Attorn F,Y-(iKNi,nAL. ylttorncii-GiUcrdl. Where did this conversation take place r Hennerman. It took place at Asliley's, and wc then nent to Hamilton's, and he said he would go to Mr. M'Keiizie, and tell him the whole truth of the business. Airs. WINIFRED M'NOLTY, srcorn. Examinedbjj Mr. SiiEiiwoon. Mr. ^hcnsood. Are you acquainted with Michael lledcii, the same person who has been about the Court foi SDUK- days, and how long have you known him ? Mrs, M'NoHi/. Yes, I know that Michael Heden, and liavo known him for upwards of six years. AJr. Shcrrcood, Would you, or would you not believe him upon his oath, from all you know of him r Mrs. M'-Nolli/. No, from his general character, 1 would not. Mr. S/icricood. Have you at any time Imd any conver- sation with him relative o the affair of the 19th June; and what did he say to you relative to the conduct of Mr. Semple, and the party that were with him on that occasion ? Mrs. M'Nolhj. He told me these words : " Wc cannot " blame the half-breeds, for our side fired first, and if we " had gained the day, we should have done the same, or " as had, to them." J/r. Sfurwood. You are quite sure this Mr. ISlichael Heden told you that? repeat what he said, that the Court may distinctly understand it. Mrs. M'-JVo/ti/. 1 am quite sure that it was Michael Ilcdeti that told nje so ; he said, ** It hiis hLcn a bad busi- " ness, Cod knows, but we cannot blame the half-breeds, " for it was our side who hreil lirst at them, and if wc had " gained the day, wc should have scived llum the same, " or have done nb batl to them." i ' i 317 :^1 CHARGE TO THE JURY, lii/ Mr, Justice Boultov. Gentlemen of the .Tuny, This is a trial, which inusL liavo fastened itself on vour juinds, 1 am sure, from the very extraordinary manner in which it has been conducted, and tlie very extraordinary circumstances that have been brought before you ; and 1 am sorry to say, that the greater part of my duty will be to endeavour to wipe away from your minds, any impres- sion which evidence unconnected with the charge, may have produced. The princii)al qnestion, indeed the only one for your notice, is, whetlier this indictment which 1 hold ill my hand, is, or is not, well founded ? It is an indictment for murder, charging four persons, as principals, and a number of others, as accessaries, before and after the fact, and thus embracing all tlie varieties which distinguish the charge of murder. This charge, thus divided, em- braces not only different points, but the evidence applies itself to different particulars, and different persons. lu tliat which you have lieard, you will find a great deal that does not apply at all, as well as that diflers in its applica- tion. Before 1 call your attention to the testimony, it will l)e necessary to see who you are trying. You have not before you any of the principals, but you have a number of accessaries before and after the fact. By the indictment, 1 perceive the firstcharacter is John Siveright,who is cliargcd as accessary before the iact, to the murder of this unfor- tunate Major [Mr.} Semple; and there are five after, viz. Alexander MKcnzie, Hugh M'Gillis, John M'Donald, Jolni MMiaughlin, and Simon rraser ; Mr. Siveright is then, Cicntleinen, the only accessary before the fact, and there aic six alter, ior Sivtright, I now see, is charged both before and aliti iln. laet. TIil ehaige against them is that k^BI ''■'':• '• ■ ' >:"'■ i." ■m^ '■■ '■t'. ■' • '4' . f.t ■ ;•-* > ' .■•,-'.• V :.' ) -. ■J-. • ■*■''' ; > .r.. ' .'.'•1. . . .■> .'i ^i>'-:.. ■•' •'"TV :■'■' • ,'■>■♦ - ^ . • .}'-r 318 of murder, in various degrees, by helping one Cutlib'^rt Grant to commit it, or receivinr' liim alter he had com- mitted it, knowing he liad done so. Having before you the charge and the persons accused, it will be my duty, before we go into the case, to explain to you, as v^ell as I am capable of doing, the Law connected with the riglitof putting these persons on trial. The Officers of the Crown could not have put them on their trial, against their will, till they hud convicted or outlawed some of the princi[)als, as they are called in law ; but the accused themselves, it appears, have the right to insist upon having their trials, and they have chosen to have them ; but although they have chosen to be put upon trial, they can not be liable to judgment, till all the principals are tried or outlawed. If convicted, they must remain in gaol as long as there are any of the persons accused as principals to be tried. I mention this to you, because 1 wish, as the two principals who have been tried have been acquitted, that, before 3'ou return a verdict of guilty, you should be most clearly satisiiedof the indictment having been made out against one or other of the principals, as well as against the gen- tlemen who are before you. J wish to impress this strongly on your minds, because, if afterwards the princi- pals should be tried and acquitted, although these persons are found guilty by you, they must be discharged ; that is, some of them, the accessaries before the fact, because it is only to murder, as charged in the indictment, of malice aforethought, or nuilice prepense, that there can be accessaries before the fact. There are various species ofliomicide, and instea'l of murder, it may, on the trial of princi[)als, turn out to have been in self-defence, or there may be other circumstances which may remove the charge of murder, by shewing there was no malice preme- ditated. Islow to judge whether this was murder, or whether it was in self-defence, that these lives were taken, yoi: »•!<.. Si biing your minds, as well as you are able, to re- coil* i;t the vfv-'enceon the part of the Defence, which we. I ; J s.'icw i!i!' Cuthbert Grant, and the others charged, were uot .Kii'l^y ot luurdci, but that it was in self-ilefenco '^«v It I 319 that this dreadful slaugliter took place. Whether they are guilty of murder, or manslaughter, or nothing at all, it being in self-defence that it happened, it will be for you to say by your verdict. And then you will have to recol- lect, that it. is accessaries only that you are trying, and say how far they are guilty of the indictment. Your memory will, I fear, hardly be able to recollect the testimony of so long a trial, and where it has been so ccntradictory ; Tor it ia right I should tell you, that a great deal of contradic- tory evidence has been offered on both sides. The pri- soners' counsel, with great ingenuity and earnestness, endeavoured to prove that it was not malice prepense that occasioned the death of these unfoitunale people, and therefore could not be murder; contending, from a va- riety of circumstances, that a state of confu ,ion and war existed in that country. This may apply to two or three of them, i)>jt it will require great care on your part to dis- tinguish, v/hen you come to the main point of this unhap[)y aH'air, vi-.. whether the first fire came from Major [Mr.l Semple and his party, or from the other. There is great confusion and difficulty about it, from the very contrary evidence which has been given. First, we have direct evidence that it came from the other party, and that Mr. llolte fell by the first shot, and Mr. Seaiple by the second; then, on the other hand, we have a string of evidence to the contrary, and they all swear it came from (iovernor Seinple's party. It is the most important thing in crimi- nal trials, to weigh the evidence, because, believing the one side may subject a man to the lo^s of his life, if in a case of felony ; whereas, if cieditis given to the other side, the prisoner is acquitted ; so that I say the great diilicultv in all trials, and particularly in criminal trials, wljieh are so serious, is, which evidence is to be believed wlivn wit- nesses contradict each other. These observations have taken up a greater share of your time than I intentled, but 1 hope they will be useful to you. I have no hesitation in saying, gentlemen, that if you do not consider the evidence tlisiinct, as the death of this unforluna;.'; gentleman, from uialice prepense, you ought not to convirt ; and if vou ■■».• I ,1,1 .•/. S'^- 'h'-- ;*t > ' ;on tills very imjjortant trial, if, gentlemen, you find that it is mau'ilaiJghter tliat h;is been sn committed, jrou will then discharge these gentlemen ; if, however, you think proper to return n special verdict, it is in your power to do so, and then the circumstances con- nected with your jurisdiction will he iully considered and decided according to law. This verdict will only be re- turned in case you see a difficulty on the subject of juris" diction. If, however, the offence in the principals amounts in your opinion only to manslaughter, then these de- fendants must be discharged, because there is in law no sucii thing as accessary to manslaughter. SoUcilor-General. I beg your pardon, my Lord, but after the fact, there can be accessaries to manslaughter us well as murder. Chief-Justice. We know there can be accessaries after manslaughter; but the charge on the present indictment is that of accessary to principals in murder; and if it is only manslaughter that Grant has committed, they can- not, on this indictment, be accessaries after the fact, be- cause the fact charged is murder, and as to accessaries before the fact, there can be none to manslaughter. Mr. Justice BouUon. There is, gentlemen, no such thing as accessary to manslaughter upon this indictment, which charges the prisoners with being accessary to murder, and therefore it is no matter what the law is upon the subject. I was only endeavouring to gi ve you as correct an account as I could, of what was the law upon the case that you have to try. 1 will, in this place, say a word to you relative to the testimony against Mr. M*Leod, as given by Mr. Huerter. His evidence goes this length; that in 1816 he left Montreal in company with Mr. M'Leod, and the other prisoners, to go to the Indian country; that going along, they met the settlers coining from Red River, and got intelligence of the death of Mr. Semple and his people; that upon this, Mr. M'Leod ordered them all to go on shore, which tlu'y did; and Mr. i\l*Leod, being a Magis- trate, an examination took place into the circumstances of the transaction, and a number of the survivors were sent to Montreal to give evidence upon the trial of different persons; the party then pui'sued their way to Red liiver, VN. ■■■■'.< ■ 'c". ■ " > .. .' )•'■ ■M.' '■>>■ ■n- ■ -V ■t. ,1 ; !•■ • ■<■ ,n S22 and when arrived there, they made more inquiries, and it appears Mr. M'Leod t^avcall the people a dram of liquor, and a cjuantity of clothing to a part of them. It is not possible to suppose that these gentlemen, coming from Montreal, could know any thing of what had happened at Red River, and therefore, if they are guilty at all, it must be from what tiiey did afterwards, for they conid not have known, by possibilit\', of what was going on at Red River, when they were at Montreal ; and what they did after- wards is sup[)orled by the most slender of all possible testimony, and will probably go for nothing, except as you may think Mr. M'Leod's speech iniporiant, as shewing the disposition of the party afterwards. Before I read to you the evidence, or give you an (uitline ol it, 1 will y-^\\ your attention to the natureof the jurisdiction under which you are empowered to try oflcncea which, like this, are committed in the Indian territory. Certificates under the Great Seal of the Lower Province, you will recollect, were put in during the trial, as it is only under such an autho- rity that you can have the power, and the whole is brought about under a British Act of Parliament, passed in the 4::^d year of His present IMajesty's reign, wiiich gives power to the Government of Lower Canada to transmit, under the Great Seal of that Province, oftences committed in the Indian territories, to any Court of this Province far trial, if it shall apj)car to him that the ends of justice may be more conveniently attained in Upper than in Lower Canada, L'Utler this solemnity then it is, that you have been empannelled to try these gentlemen; and I will now give you an outline of the evidence, which has been very confused ami indistinct, so much so, that I am sure you must have harl great diflfieulty and trouble to have under- stood it ; but I shall endeavour to make it as plain as I can, and I hope you will then understand it better. '^I'he first witness called was Michael IJeden, who swears that they had received information that they were to be attacked, and were much alarmed about it. lie says that they constantly kept a watch, or look-out, to give notice of Hny danger that might approach, and that on the J 9th 323 June, about six or seven o'clock in the evening, an alarm was given tliat the lialf-hreeds were coming, that is, that they were going towards the Settlement belonging to the Earl ot Selkirk, situated at the Frog Plains, of which you have heard so much in the trial, at a distance of about two or thru' miles from the fort. Mr. Semplo, the witness says, went to some commanding position of the fort, and with a spy-gl iss looked at this party, to see w ho or what ihey were. AJr. Semple was accompanied by some of his pi^ople, and usreitaining that they were an armed body of liU'ii, mounted on horseback, he directed about twenty of his peopit to get 'ilieir arms and follow him, which they immediately did. Tkiey went on, Hedcn says, for some distance, and saw at first only a few. As they went along, ihey met some settlers running:, and crying, the half-breeds were come with carts and camjon.. Shortly after they saw a much larger number of hor>em)te'n, and Governor Senople sent back to the fort for a cannon ; the person who was sent, havini; been examined as ra witness, I need not detain you, by remarking at [)i'-sent upon his evidence, farther than to remind you that the cannon did not reacii the party. They went on, gentlemen, for some little distance farther, when the mounted party suddenly turned back upon Mr. Senple'* party, and dividing themselves into two separate divisions, tljey surrounded them, and com[)Ietely cut off their retreat. It is now coming nearer every moment, gentlemen, to the very important part of the evidence, and you will of course give particular attention to it. Having formed a sort of circle or liiilf-moon, one Boucher, a man who has been indicted as a [)rincipal, but who was acquitted the other dtiy after a long trial, advanced towards Mr. Semple's party, waving his hand, and making signs as if he wanted to speak, and apjn'oaching nearer, he called out, " What do you want? what do you wantr" Governor Seniple replied, " Wliatdoyow wantr" to which Boucher answered, " W e want our fort," and the Governor said, " Cio to your fort." L pon this Boucher made use certainly of very in»oleMl language to the Governor, telling him he was a damned rascal, and had destroyed their fort. I poa >* v.- 324 ,;.! ,;•*.: ■ '. '-.V .' .' • . v ■'■■. I . J.. ■ ■ ■» . .; '■' ?' V , '-(.■■ .l^i'lS ^ ', -i" ^ '">;>'i*"- ■;■ ' ■ Sv*- '£f:S' ■'t this, Mr. Semple laid hold of the bridle of this mati't horse, and of his gun; and aUnost at the same instant, the report of a gun was heard, and directly after a second report took place; both these shots, this witness positively swears, came from the half-breed party, and that by the one a Mr. Holte was killed, and by the other Mr. .Semple was wounded and fell, though not killed, as appears by subsequent testimony. Here, gentlemen, you have arrived at the great and important point of this incjuiry, viz. who Hred first? This man says positively, that the half-breed party fired these two first shots; whilst, on the other hand, the witnesses on the part of the defendants deny it, and bring evidence of a directly contrary description. It appears from all the testimony that has been adduced, that the half-breed party were armed ; and it is a matter de- manding your most serious consideration to determine correctly, why they were armed, and whether any justi- fiable reason has been proved for their being so. It forms a most important question for your serious consideration, whether it has been proved that their going armed was a consequence of former attacks having been made upon their persons and their property. You will have also to inquire into the correctness of the reasons assigned for this party going by land, when there was the more ordinary route by water. You will liave to weigh very distinctly, whether it was for iear of losing their provisions, or whether it was to avoid being seen in passing the fort, and by that means more certainly effect their object of destroying the Settlement, by taking it unawares, or by surprise; and after you have done this, the other question must be determined, who fired first ? There has been a great deal of testimony, gentlemen, relative to the taking of pemican, and that on both sides of the question ; with that you have very little to do, except as it may account in some degree for the parties going armed ; for 3'ou cannot con- sider it any justification for murder, that you are able to prove the person who was murdered, to have committed a robbery on another person, or even on yourself, unless you prove he was in the very act of robbing you at the moment 325 e ; and you took his life; and then it is a complete justification, because you are allowed to defend your propfity at every hazard. I therefore say, gentlemen, though much has been said about taking pemican, it has very little lodowith the case. Indeed yf)U will recollect, that it was a question, how far any evi(l(!nce upon the suhject ought to he received. My learned Brothers, howev:"'. considered that the circum- stances might he evidence to a certain extent, and that it was legal evidence for you. It amounts, however, to nothing more than this at last, that a great deal of bad blood ex- isted between these people, anrl that they were |)erpetually annoying each other in every way tliry could think of; and amongst others, hy the taking of their provisions from one another. You will remember, the witnesses have described ihh prmico [prw/ca//] as indispensable to thccarryingon of the trade in that country, as it will keep for a long time. It is a sort of food which the witnesses represent/o frrow upon these Frnir Plftins \Jic procured from the plaint;] and ver}' necessary for their sup|)ort. The evidence is so confused, from the very great variety of circumstances apj)arently but little connected with the charge to which it refers, that it is very difficult to determine what is important, and what is not ; but you will endeavour to recollect its apj)li- cation as well as you can. But the main point will be for you to try and satisfy yourselves, who tired first. The evi- dence on the part of the Crown says, that Governor Sem- ple received the first shot, that is to say, his j)arty did, as a Mr. Holte was the first that was killed, from the half- breed party; and that a second was fired from the same quarter,by which Major .SVa/jcoc (Mr.Semjjle) was wounded, before any shot \>as lircd at ail from the other party. This fact is sworn to hy dilVercnt witnesses, some more fully than others; but all unite in saying, cither positively (jr to the best of their belief (and they slate circumstances which lead to the belief), that this was the case. On the other hand, wiiliout at present referriuG; to i)articular witnesses. you will recollect that it is sworn, Governor Scmple re- proached his people for not firing, and that immediately two shots were lircd hy some of thcui at Boucher, and tliat ^'^U y>.1^< IMAGE EVALUATION TEST TARGET (MT-3) > ' 1.0 1.1 l^|2B |25 no ■^" B^B ■^ Uii 12.2 £: lis |2£ m 1.25 miik V] 7a Hiotographic Sciences Corporation 23 WIST MAIN STREET WEBSTER, N.Y. M580 (716) 872-4503 T I." . ,'■■ . • vV »:; ^ • ■' -A . • ^y. ■ ' •','' ■ -■',^v>!r' ' ■.:' '^ . Wv. 326 it was not tiii aftei then, that any firing by the half-breeds took place. Here tijen, gentlemen, you are placed in a very difficult situatiuii, and ought to use great caution iu examining the evidence, as when a little malice exists in the mind of a witness, it is difficult to say to what lengths it may lead him ; and in the present instance both cannot be correct. If, gentlemen, you shall, upon investigation, be of opinion that it is proved that the firing commenced on the side of Mr. Semple, ilien there isa mostcomplete de- fence, because, although neither party had any right to go about armed in this manner, yet is very natural that, when they met with arms in their hands, from the state of mind in which unfortunately it is proved they were, they should come to blows; and if one party iired upon the other, then that which was fired upon would be excusable and justified in using their arms. Both sides swear, and that most positively, that tliey received the first fire, and that it was not till after a second shot even hud been fired at them, that they returned it, and that then the firing became general. 1 repeat it to you, gentlemen, that 1 rejc;ice sin- cerely that it is you that are to determine, and by y.r verdict to say who, in your jutiguients, have spoken the truth. To assist you, by refreshing your memories as to what each have sworn, I sliall now proceed with the evidence ; and in proportion as it is tedious to hear, I shall endeavour to point out to your particular atten- tion, parts that might otherwise escape your notice, and which really are material. We had got to that part of this melancholy transaction in which the firing became general, the fatal result of which was, that the greater proportion of Mr. Semple's pirty were killed. 1 shall just mention the heads of evidenie, and not trouble you by reading the whole. The battle being over, nothing else particular occurred that day, according to lleden's testimony. Next day the dead body of Mr. Semple and others were brought to the fori. Mr. Semple, wounded in the left breast, but could not tell whether by musket shot or not, because »!iti body vas all over spear wounds. On this day, Grant and others came to the iort,und ordered thein away, 'i I her. 1^" 3117 and they prepared to go, and actually went away on the 23d. They went away in boats; he knows three or four escaped besides iiimself, but cannot say how Mr. Pritch- ard got off. We now go on to the 23d, when the party went away altogether from Fort Douglas, being guarded as fur as the Frog Plains by Boucher; at day- hght, on the 24th, they meet a party in nine or ten canoes, headed by Mr. M'Leod, and were made to goon shore, after some inquires for Mr. Seinple and Mr. Robert- son, who were not there, and for Mr. Pritchard, who you recollect was there, and gave them the history of the melancholy business. He recognises Mr. M'Leod as being there; also Mr. M'Kenzie, whom he distinguishes by the title of Emperor; he speaks also to Dr. M'Laughlin; he saw Sivcright there the next day ; he speaks also to Mr. M' Donald's being there, hut not to Simon Frascr, or Mr. M'Gillis : he nuntloiis other persons who were there, but as they are not before you, it is of no conseijuence to notice who they were. Soujc of the half-lreed party came to Nelley (freek while they were there — came from Fort Douglas — some of those who had been in the battle of the 19th June; and the witness says, though he does not kno»r of any presents l)eitig made to them, he does know that rum and tobacco were servetl out to them. He concludes by saying he was sent a prisoner to Fort William, and thence to Montreal. Upon his cross-examination, he says he made a deposition like what he has made here, that is, the same facts. 1 remark liere to you, gentlen)en, that, though very improperly, yet it appears, affidavits made before magis- trates have been printed. It is a very unwarrantable ? ction, and ought to be deeply censured. \\ itness continiu^s, that h. dofS not know where this party with Mr. M'Leod earae from ; is sure he saw Mr M'Laughlin and Mr. M'Donald at Netley Cieek, and that rum and tobacco were given to the people who came from Fort Douglas, aiKl,he adds, who had been in the battle of the lyth of Jurie. To an inquiry put in reference to each of the defendants, he answers, that he did not see any thing like committing a murder, or help- ing to commit it. He is here questioned as to how they T ■!-r >' »" .1 < .•<.h:' ■>j .■'." , • . ; '< ■ . ';t- V ■ ••■V ' '.»•■' V 328 were surrounded, and he describes it to be in the shape of n half-uioon, but that their retreat to tlie fort was not cut oflf completely. In this particular, you will recollect he contra- dicts himself, us he swore, in his examination in chief, the reverse. He is then examined as to who Hrcd first, and maintains that thchalf-bieeds did; thatlhey fired two shots before his party fired any ; and asserts, that this is the account that is true, and is the one that he has invariably told. In this he is, you will recollect, contradicted by the woman who was examined, and by another witness, who swear that at diflercnt times he has told them that Mr. Sempie's people fired first, and deserved all they got ; but he swears he never told any body so ; he lias heard that one man was killed on the Bois-brules' side. The next witness is one who went to Qui Appelle with Pambrun, was taken |)rison(r by Cuthbert Grant ; while a prisoner, heard of an expedition against Governor Seniple; did not hear a speech niude by Mr. Alexander M;icdonell to the half-breeus and Indians at Qui Apj»elle, or in going down ; a part of the half-breeds went to IJrandon House; heard the hall-breeds fieciuenlly talk of their intention to destioy the Settlement, and the fort at lied Kiver. N\ hen ho got to Fort Douglas, heard it rumoured there that they were to be attacked, and told them what he knew ; goes on to the 19lh June, and gives nearly the same account aslleilen, with whom he made his escape across tlu' river in an old bateau. He states about their all goint; awav, and recognises at Netley Creek, iNIr. M'Kenzie, and also Mr. M'Laughlin, but not the olliers. Saw the half-breeds arrive from Fort .Douglas, and that they were well received ; but did not see ; them, or Morain. Saw Morain afterwards G rant amoni at Foint an Foutre ; saw nothing on part of prisoners like giving countenance to murder, lie also swears, that the half-breed party, in surrounding them, got between ''leiu d the I'ort, completely cutting olf their retreat. There is an notlnng more in tins testimony worth your notice th Ml Bourke is the next witness ; he swears he was storekeeper to this colony, and gives nearlj' the same account of the beginning of the business as before; that he was gout for ■ •'^ 3?9 A cannon by Mr. Semple, went back for if, and did not again join the party; don't know therefore about the fight. In going back he got fired at by some people in bushes* and was wounded, but got back to the fort; had sent the cannon back before, so that it never reached Mr. Semple. Another man who was with him was killed while trying to getaway. He also saw Mr. Sem pie's dead body at the fort the next day, and proves that they were all sent away. Gives the same account of meeting Mr. M/Ltod's party, and going to Netley Creek. He also gives an account of a conversation between Mr. M'Gillis and Alexander Macdonell, relative to taking the fort ; this no doubt you remember, the one being for attacking it at ouce, and the other for forcing it to surrender from want of provi- sions. From there, witness states he was sent to Fort William, kept tlicre some time, and then sent t«) Mont- real. Mr. Miles Macdonell proved that the regulations lie thought it right to introduce in that coimlry, were directed equally against both parties, that is to say, it was a general order to prevent provisions being taken out of the district; but 1 do not tl ink there is any thing im- portant in Mr. Macdonell's testimony. He speaks to aggressions committed against their party, but they need not be taken into your notice, as they cannot justify additional outrage. Hugh M'Lean gives the same sort of testimony as the two first witnesses, except that he was not at the battle; he was the man who drove the cannon, and went back with it to the fort. Mr. Pritchard gives a very particular account of every thing that occurred; he heard the conversation between Bou- cher and the unfortunate Mr. Semple, saw him lay hold of the bridle and gun of Boucher, who slid off his horse, and ran some distance before he stopped, but Mr. Pritchard does not say who fired first. He saw Mr. Holie strug- gling on the ground, and then tried to save himself; all was in great confusion, and the filing was general; shortly after he saw none of his people, but one gentle- man left standing, and they threw down their arms, and proposed to give themselves up. One was killed upon u u .. w T ^■> ' » ■' ■ T : 330 the spot, and with great difficulty, through the prayers of a Canadian belonging to their party, the witness, Mr. Pritchard, escaped witli his life. He uegocialed the terms upon which they were to go away, and some time after they all went away, lie had to go several times backwards and forwards to the Frog Plains, and on one occasion owed his life to Houcher, who saved him from some who attacked him; he describes fully his meeting with Mr. M'Leod's party, and besides M'Leod, he recognises Mr. M'Kenzie, and he believes Mr. M'Gillis, but is not sure as to him ; he knows of the arrival of some of the half-breeds from Fort Douglas, but nothing of their reception, as he was a piisomr. Socne letters are proved by Mr. Pritchard to have been the writing of Mr. Scmple, and tlicy were put in uiui read during his cross-examination. J'atrick Corcoran was next sworn; he was one of the party who went to Qui Apptlle with Mr. Pambiun, who was also examined. A great ileal was fuid by these witnesses about some harangues or speeches, and about the Indians being painted, and giving the war-whoop, but it is all contradicted by the vvil- iiesses for the Defence; it is therefore not necessary to puzzle you with repealing it ; you cannot but recollect it. This I'orms the piiuei|)al evidenee ibr the prosecu- tion. On the part of the prisoners, a great deal of testimony has been given in the bt^ginning to shew the ai;gression3 eommitted by the taking of this I'ood, the pemiean, I'rom them, also the taking and destruction of forts. Evidence is also brought, and a great deal of it too, and by a great many wiiuesjes, to shew that they had \\o intention v\hatever to niolest ur disturb this Settle- iiieiit. 'i'liat ihey merely wanted to take their provisions in saffty, and their going armed was a measure rendered necessary by the fear they had of being attacked. They piove the river to have been, in some degree, hloeked up against them, anti that they were compelled to go by land. In support of their peaceable disposition, they prove the orders given, and that they obeyed them, going as far as a large awamj) would allow them to do, from the fort, wish- i ■ ■ i 4.- 331 ing to pass it unobserved [them unmolested]. They say they thought they had clone so, ti!!, as they approached the Frog Plains, they saw they were followed by Mr. Sem- ple and his pnrly. That they then slopped, and got Bou- cher the Canadian, who spoke a little English, to go and ask what they wanted. The conversation that ensued, you cantiot have forgotten, as you have heard it so often. Bou- cher was examined before you ; he told nearly the same story as the other witnesses; he did not admit the insolent langiingr, to be sure, but upon hearing a shot whiz by his ear, which he says was tiie second that had been fired from Governor Soniple's party, he got oft' his horse, and ran away some distance, and that then the firing became ge- neral, and lasted for a quarter of an hour. During that time you will recollect that Houcher was lying on his belly in the grass ; making observations, as I suppose. On the subject of the party that was going with M'Leod and these uentlcmen, a great deal of evidence was given. It was aduiitted thai Idlers had been wv'menloC'otcaudu Lac [I'ond du Lac] lo raise the Indians, but it was only to go uj) with them in case they should be attacked, or rather, by taking a strong force with them, lo induce the people at the fort not to carry into efiwt v.hat it was understood they intended to do, ih. prevent them going up past the fori to the posts the North- West Comp.iuy had beyond lUd Kiver. in short, the evidence for the Defence is, that they only wanted to trade; that for their trade this meat, called pemicaO; which abounded on these Frog Plains, was necessary, and that tliey wished to secure a sup- j.lv for their traders. I am afraid 1 have been tedious, but I h<'\v you now undersland the case better. Here llien etuis, gentlemen, the evidence on the part of the defence, as well as the proseculion. It has taken up a great deal of lime, but you now have the whole case be- fore you. The first cjuesiion for you to consider will be, has a murder actually been committed at all ? You are sure that a life has been lost, but although you have that certainty, yet it does not necessarily follow that it was a murder y.j m > I 332 Kf- ■ ■■ J''* because there was n life lost. There nre a variety of degrees ol" huinicidc, atid to decide to which of them this transac- tion bclon^a, is your province. The destruction of a fel- low-creature fronj malice prepense is murder; the taking away life in defence of one's self, or one's property, is jus- tifiable homicide ; and if death ensues in a quarrel or pas- sion, it is nianslaugliter. To which of these three degrees any particular case belongs, it is the province of the Jury, who try the case, to determine. If in this case you think it was from malice, intentionally with a design to kill, that these people went up to (Jovernor Pemico's [Scmple's] party, then the charge is made out against the principals, and places you in a situation to consider the guilt or inno- cence of the accessaries. If, however, you are of opinion that it was in defence of themselves they fired, and after the |)aity with Governor Semple had fired upon them, then a complete justification is made out for the prin- cipals, anti of course you know there can be no acces- saries guilty. l)ut, I fear, gentlemen, you will not, were you even to take the testimony on the one side only, find such a case as tliat made out. I am afraid there is no proof of that kind, were you, as I say, (which nevertheless you inust,notdo, for yuu must weigh the evidence on both sides, and judge impartially between the two,) to rest upon the testimony on one side only. It then remains to inquire whether you ean, with propriety, consider it manslaughter ? In this part of the ituiuiry, you will remember that these two parties belonged tt> twi) trailing companies, both of great importanee, and both employing a great nund)cr of servants, who arc cngaqed in constant broils and qiiaiiels with eaeli other, proceeding to acts of violence whenever ihev meJ, and that, in this temper of uund, they saw each other on tlic I'Jlh June, and immediately the unforliuiate encagement took place. This hatlle did not result from tlie passion of the mduicnt, there is no teslniiony of that nature, and the law, in a lumdied instances, ronsiders the killing a man, though piovoeation may have been given, to be minder. So, in this instance, notwithstanding- all the evidence which had lor ito object to prove the 333 existence of that passion, which would reduce the killing to manslaughter, I fear you will not find it. Therefore, if you acquit these persons, it must be on the ground that you do not believe they fired first, or that, from the con- duct of Mr. Semple and his party, they were justified to do so ; and in either case these gentlemen are acquitted. Indeed, whichever way you look at the case against most of these gentlemen, there is, apparently, nothing that can be culled evidence to prove them guilty. Some arc not even sworn to as being there at all, that is, at any of the places, and others appear to have taken no step at all in the business. Indeed, if you believe all that has been said un the side of the Brules, the countenance given by any cannot be considered as wrong. If you believe they went to carry provisions, that they could not go by water for the reasons stated, that on setting off they received orders to puss at as great a distance from the fort as possible; and lastly, if you believe the reason that they did pass, and the reason they went at no greater distance was be- cause of the morass; these, taken in connection with the fact, that Mr. Semple and his party did go after them ; and if you also believe tliat the Hudson's Bay party fired upon the half-breeds, then nobody that is accused is guilty. But the evidence is so contradictory, that it is hard to say which to believe; and the circumstances which each party, by its witnesses, represent, are so different, that you will have very great difiiculty. But you must decide whether it is murder or manslaughter, or whether it was in sell- (lefence that these lives were lost. It" manslaughter, then, gentlemen, there is an end to the whole alFair; all must be ac(juitted. Ifaetual murder on the part of Grant, or the other, tlicn you w ill say w hethcr these gentletnen have been proved to be aeee^saries. I believe I have stated to you every lhin;r i\yai is any way in![)oilaut in the evi- dence, and all that is necessary on the (jnestion of law. I have not done it very professionally, because I was afraid, if 1 did, iastead of assisting your judgment, which was uiy object, 1 iuii^iu only conliise and [)uzi:le you ; but you now know ui much of the law as is calculated to hclji you, . . ,., ' ■ n 'A. 334 without (listraciingyoiir attention in considering the ques- tion which must first be decided, lias murder, luis man- slaughter, has seH-defeiice beiii committed, that is, has it been in soir-dclcncc that the hves of this unfortunate Mr. Sempleand his companions have been taken ? The question must puzzle you to decide. If you are satisfied there was no malice in Grant and Morain, then they cannot be guilty, nor can the accessaries, if you befieve, from the accounts given of their conduct, that it was murder in those charued as principals, you are then to inquire whether these are accessaries, or any of them? Kxecptinu; against Mr. M'Leod, i do not think there in any evidtiiie that can be considered as shewinsj; that couuicnance was given in any way to thf h;ilf-breeds. Againsthiin you n^ist judge what weight the evidence ouu[ht to receive, and how far it should be considered as proof ol* appr«jbaiion and protection to those who committed the murders. ( It was here intitna' ted from the. Bar, that Mr. Ji* I. rod nuts not before the Court, nor included in the indictment, upon ti'hich Mr, Justice Boulton continued hi> luirge.) Cicntleinen, I was e;oing to have said, that there was not a sera pe (ir scintilla of evidence, except against Mr. M'ljcod, and that against him you would judge of its weight*. 1 had thought that •M'itlioiit rofapitulatiiij; all tlic evidence pmiliiccd on tlie part of llje prosecution, whicii loads to an opposilo conclusion, the reader is requested to advert to the pioo!"respeclin}i one act ofaidinj; and abettiiif;, (iu pages 79 and S«),) where it ai)prar.> that a conncil conipo^ed of auout sixty per- sons, the half-breeds and others who had killed (.'overnor Seniple, was assembled at Fort Dou^'las, a speech was made to them by Archibald Norman M'Leud, who tiianked them for what they had done, and delivered Uuhilknunts to them onl of the stales of llie Norlh-W e.'>t Company, whicli habilUnunts are, in pat!;e'.)l, explained to have been presents, and not the rcgnlar equipments, or iisual supply of clothe^ to the servants of the Com* j>anv. Cnthbert (Jrant, the person charged as principal in perpetrating the murder, assisted in makin;; the division of the clothes. It is fiirtliei* proved (in page 7S, et seep) that IM'Kenzie, M'dillis, M'Luughlin, and M'Donald were present at this council, and that tlu-y had at this time a full knowledge of the atVair of the 1 9th June. From the time of their arrival at Fort Douglas they were in the habit of dining at the same table with prisoiw who had been engaged in it,aud the transactions of that day 335 Mr. M'Leoil \ras one of tho defetulann before vou, but I lind he is not. Against tlio others then there is not a scrape, not u scintilla of evidence, not ofany ihinjj; htjorc tljc fact; and uftcr fhe fact, only liie givinj; of the iisnal supply of clothes to tiieir servants. You will, therefore, consider of yonr verdict. The Jury then retired, and in about three (piartera of an hour returned into Couit, and delivered, by their Foreman, a verdict of NOl' CiUll/rV; which being recorded by the Court, the Jury wire discharged. h ■ 4 1" were tlii; constant topic of ('onvttrsation, at tlic recital of wliicii they La J te&tilifd tiicir p;nititii'iition. The fact tlicn as proved amounts to this: — M'LootI, tlie senior partner, in the nninc of tlic Nortli-\\'cst (Company ami of tlie p^i^()llcrs liis partners, re- turns tlianivs to I'utiilurt (Iraiit and his assoclHtes, for their services in de- •trojiuK (iovernor Seniplc and lii-> party, and he (li^t^ibutes rewards to them out of tlie property of the Company. Tlie prisoners are present when these sentiments are e\pre^se,) is distinct and pointed, as to this clothing being a present^ especially given on account of tlie llMli of June. Ifiieiter's (in page fcy,) is to the same eti'ect; and ijeor.oboiated by the tenorof M'I.eod's speech, in which the gift of this clothing is iimnediately connected with the tlianka which he gives to the half-breeds for their assistance. The evidence of ]Mr. ^I'tiillivray and otlit is to the contrary is not diiec*, and does not iu fact contradict that of Ilucrter and I'ainbinn. They say that the ser- vants of the North-West Company regularly receive cipiipiiients, hut they do not say that the htibillfinenls delixered to the half-breeds, by Mr. M'Lcod's orders, were not a gift independent of tin ir regular allowance. At all events the learned Judge was not entitled to set aside the other ♦ndriire, aj» meriting no attention from the Jmy. TRIAL i OF PAUL BROWN FOB ROBBERY. X X >^ ^■f^^•. <♦'.;•' ... ''' ■■'iA' ■..■ ^^ :■ . » '■■: :i^S . f .'I .■ ■ :# < Sv J' J. (IS. J ' » " At a Court of Oyer and Terminer, held at York, in the Home District of Upper Canada, on Thursday, the 29ih October, 1818; TRV.S E N T, The Hon. Mr. Justice CAMPBiiLL, presiding, VVjLLiAM At.lan, Esq., Justice of the Peace, Associate Judge. Paui, Buown was arraigned on an Indictment for rob- hin<; Michue! Hedcn of a l)l ,i 340 my blanket and gun, and went away with them. The blanket was worth about twenty shillings, and the gun was worth about tliii ty-five shillings. I was in fear of my life, and could make no resistance. Fort Douglas is on the banks of lU-d IJiver, about a mile from the Forks, where the Ivcd and Ossiniboine Uivcrs meet. The fort was then in possession of the half-breeds. I heard that coun- try cnlled lUi perl's Land, or Hudson's Hay Territory. I do not know whether it be a part of Upper or Lower Canada. V\ hou Brown was in my tent, Donald IVl'Kay was in tiic next tent. Afterwards at Fort VViliiam I pointed out, to Patrick Corcoran and to Mr. Bourke, this Paul Brown, now at the bar, as the person who had taken my blanket and gun. Cross-examined by Mr. Shehwood. lieden. I was engaged to serve the Hudson's Bay Company, not to fighl. I paid no attention in particular to the prisoner till he threatened to take my life. (The witntss lias dtsirtd to repeat in Crce the exact cxpres- sions used by Ihorcn in threattidng his life, which he did). I did not see Brown in the battle. 1 am still in the service of tile Hudson's Bay Company. I maile an atlidavit of the circuuiitaiiees at Montreal, before Messrs. M'Cord and Mondekt, Jutices of the Peace, but 1 don't know if tile ahlduvit was j)rinled or not. Among other rxpre.tsions addressed to this witness, Mr, Sherwoo'l said, Ynu come here as a rcitness in your own cause, to hang the prisoner if ijon can. i PI V'" n>*. ^■' ■.■' 4* 'A DONALD M'KAY, sworn. Examined by the Attokn ey-Geneiial. M^Kay. I was engaged for the Hudson's Bay Com- pany, but I was not enga-ijed to fight. 1 saw Paul Brown going into Heden'3 tent between eight ar.d seven o'clock in the mornin"T. 1 can'i read much. I heard Brown inquire for Heden, and say he would kill him. I did not see that Brown had a gun. He might have had a pistol. )l this 341 or a spear, without my seeing tlirtn. Boucher himself was also at Fort Douglas that morning. It was the 21-51 June. I know it, hecanse it was the second day after ihe battle, whicii took place the IQth. I heard a noise made by Brown in lieden's tent. LOUIS NOLIN, srcorft. Examined h>j the Attorney Ckneral. Nolin. I don't know whellicr Paul Brown speaks the Cree language, or the Saulitux. lledcn aiul his wifo speak Indian (Crci) a liule. 1 kncnv tljem at Uid River Settlement. MILES MACDONELL, sxcorn. Examined hi/ Ike Attou n f.y-G i:;n ekal. Mr. MacdoneU. I consider Red River Settlcmei.t to be in the Indian territory, or [iudson's Bay territory. I cer- tainly think it is neitiier iu Lo\\tr nor in Upper Canada. DEFENCE. ANTOINE LA POIiNTE, stsorn. Examined bjj Mr. Sherwood. Antoine La Pointe. 1 was not at the fort, but at ll;e Portage de la Prairie, when llie bultle of the IJjih June took phice. 1 arrived at the fort four days after the battle. Caribou told wie thai he liad taken iledea's hlaid^et from him. I never heard lledou speak about it. 1 only heard of it fro.n tlie oilier Bois-bruies. Caribou resembles Brown a little. He is about the same size. I have heard that I'aul Brown was bi ought up in Lower Canada. Durintr t\j\\l vears, I have seen ihown onee or twice a year. FRANCOIS FIRMIN BOUCilEll, ns.m. y Examined by Mr. Sheuwood. Boucher. I do not understand English well. I have heard Heden say, that Paul Brown had taken his blanket and ■a 342 ;>■'■ ■■:.i. gun. I don't know that it is true. I know the man who took it. Caribou brought the blanket and gun, and said, that he had taken them from the blacksmith. 1 knew Caribou before ti)e battle, when he had no gun, nor blanket, and I saw him afterwards, wiih a blanket and gun, which he said, he had taken from ihe blacksmith*. I knew iJrown at thai time, but did not hear of his beinir accused of having taken the blanket and gun. Bruwn und Caribou resen)ble each other a little, but Caribou is thinner, more slender than I'rown. In the morning, Paul Brown was at the Frog I'lain. It is about nine Uiilcs from the fort by water. J don't know the distance by land. I was with Brown the evening before, at the Fiog Plain, and about \len o'clock next ujorning. Caribou arrived with the blanket and gun. Caribou was dressed like Brown, but 1 did not pay much attention to their dress. 1 do not understand Cree, and very little of any Indian language. Paul Brown speaks French, ami I have heard him speak Saulteux. I was four years in the service tif ihc North- West Company. Confidence was reposeu in Brown by his employers. He vi-as sent from the Indian territory to Lower Canada, a hoy, and letuned a man. 1 was during twenty-six months, a prisoner in gaol with Brown. <■■; CHA1U.es BCLLKG.ARDC, si^orn. Examined bu Mr. Suruwcjoo, Bellegarde. I saw Brown the second day after the battle, at the Frog JMains, as late as eigiu o'clock in the morning. It is two leagues by wati r from tiie fot t to the Frog [Main. I certainly saw Brown ihcie the fiist and second dayafler the battle. ,i». . , ' ' 'k ; ' ' ■:'/v^ Cross-exaitii/icd Ay //ic ArronNcv-GiiNKUAL. Be^ffgnrtle. 1 was at the Frog i'lain myself, and therefore, • Two -i,2ifV \t , !■■•,'•■•.; ,■(■'';■. The Honourable WILLIAM M'GILLIVRAY, m A/s place, sworn. Examined hi/ Mr. Sheuwood. Mr, M^GUIivrai/. Brown was some years past in the service of the North-\\ est Company, of which 1 am at the head. He has always been represented as a good cha- racter. I never knew an instance to the contrar)'. The Cree language is not usually spoken about the Forks of Red River. Previous to the Cist June, 1816', Brown had been till wiiliiu two or three years in the Nipigon country, and Saulteux is the language spoken thcref. •ervicc of the IIml«o«'s IJay Company. In tiie early part of the spring 1815, lie betrayed liis trust, deserteil the service of hi.4 employers, and joined this John IM'Doiiahi, taking with him as many of his countrymen, the inferior servants luuler his charge, as he could seduce to imitate his example. • It is notorious to those wlio know this Yaudi ie wtil, that his knowledge of the Cree tongue is extremely limited. It is evident from his own •tatcment, that he addrcssc d l?rown in Cree the day before the trial, for the purpose of being enabled to give evidence on this occasion. If, as he states, he had known Brown for upwards of a year, why did he, on the day before the tri;il, address him in a language which he swears that ho believes Brown did not understand :• The 'act is that Brown speaks the Cree very fluently, having wintered for a series of years in the Nipigon country lying at a considerable distance to Uie North of Lake Superior, among the Maskagon Indians whose language is a dialect of the Cree. t The fjuestion was not asked of Mr. M'Gillivray if he had ever been in the Nipigou country, else it would have appeared that he never was. 345 « I JOHN M'DONALD, a Partner of the North-West Com- pant/f sworn. Examined b^ Mr. Sherwood. Mr. McDonald. Paul Brown usually wintered in the Nipigon. After leaving the Nipigon department he wintered at Manitoba. I understand Cree a little, and I think Brown cannot speak so much Cree as Heden attributes to him, which 1 have heard. I have known Brown thirteen years. He is a sober, quiet, honest man. No Cree is spoken where he used to winter*. JOHN MCLAUGHLIN, a Partner of the North-West Company t sworn. Examined by Mr. Smerwood. Mr. McLaughlin. I have known Brown ten or twelve years. He used to winter at Nipigon, vrhere the Cree is not usually spoken. I understand Cree. The prisoner at the bar does not, to my knowledge, speak Cree ; I never heard him speak it, though I have long known him. His character is good. I never heard it called in question. He scarcely speaks any Indian at allf. CHARGE TO THE JURY. Bi/ fudge Campbell. The learned Judge stated, that the country where the crime they were trying was committed was the Indian • This M'Donald never was in the Nipigon country, else he would have known Mmt the contrary of his statement is the fact. t This witness, except once or twice at Lac la Pluie and at Fort William, at hoth of which places Saulteiix is the language of the natives, always wintered in the Nipigon country among the Maskagons, whose common tongue is a dialect of the Cree. It was from living several years among them alone that he acquired his own knowledge of the Cree. It was truly disgustius to those who were acquainted with these facts, to hear such testimony delivered under the sanc.ity of an oath; and it was still more disgusting to see interested witnesses, like the three last, permitted to retire without a rigid cross-examination. y Y f< '. ■■ . r. ;•; ^ till; ■ 346 territories ; that the trial had been transferred to Upper Canada from Lower Canada, by an Instrument under the Great Seal of that province, agreeably to an Act of the Imperial Parliament of the 43rd Geo. III. That the crime charged was a robbery. That if proved it was a capital offence, but that capital or not ou^^ht to liave no influence on the minds of the Jury. That they must be guided by the evidence only. That to yield to any other influence, would be highly criminal either in a Court or in a Jury, betraying the best interests of the community. That the peraon who had been robbed was the first witness, and was in law perfectly competent to give evidence. That it was for the Jury to judge of his credibility. That it must be proved, either that the prisoner was elsewhere at the time the robbery was said to have been committed, or that the witness Heden was unworthy of credit. That if the witness understood the language used to be a threat, it was quite sufHcient with- out his being supposed to know exactly all the words spoken. He concluded by recapitulating the testimony of each witness in order, and exhorting the Jury to allow nothing, which they might have heard before the trial, to bias their decision for or against the prisoner. The Jury retired and after deliberating two hours, returned a verdict of NOT GUILTY. The prisoner was afterwards discharged, the Attorney-General having entered a noli prosequi in his favour on another indict- ment, which had been found against him for a robbery committed in 1806, stating as his reason for entering this noli prosequi, that though the instrument under the Great Seal of Lower Canada, under which he had been tried, purported to transfer Brown's case to Upper Canada for trial of all olTences hitherto committed by him in the Indian countries, that particular crime v. as not among those specifically mentioned in the said Sealed Instrument. I * ■"■■"''£■;••, w '.i 7t TRIAL OF JOHN COOPER AND HUGH BENNERMAN, FOR STEALING IN a DWELLING HOUSE. 4,« .<( 'f 1 M 1 V. as I. > w. m ,*-4 •« • At a Court of Oyer and Terminer, held at York, in the Home District of Upper Canada, on Tuesday, the 3rd November, 1818, PRESENT, His Lordship ChieI'-Justice Powell, The Hon. Mr. Justice Boulton. the trial of John Cooper and Hugh Bf.nnerman. The prisoners being put to the bar, and arraigned upon an Indictment against tliein and others, for stealing cannon in a dwelling house of the Earl of Selkirk, at Red River, on the 3rd of April, 1815, they severally pleaded No/ Guilty ; and after various challenges on the part of the prisoners, the following gentlemen were sworn as a Jury:— **John M'Dougall, junior ♦William Moore **Alexander Montgomery **Peter Whitney, * Jonathan Hale **Michael Whitmore. The Solicitor-General stated the tenor of the Indict- ment. The Attorney-General observed that the Indictment contained a second set of counts, leaving out the capital part of the charge, and limiting the accusation to the rob- bery, that the value of the articles was immaterial, pro- vided it exceeded 40s. If any reference should be made to scenes which had unfortunately occurred in the country **George Bond, ♦Joseph Harrison ♦William Harrison ♦Joseph Shepherd ♦Peter Lawrence ♦*Joshua Leech * Tkesc were Jurors on the trial of Brown and Boucher, as Principals, or on that of the Accessaries to the murder of Mr. Semple. •* These were Jurors on the trials of Brown and Boucher, and also an tliat of the Accesiarics. I 350 where these articles are ciiarged to have been taken, n would be of little advantage to the prisoners; for it must strike every reasonable man as being the more necessary that the law siiould be rigidly executed upon offences coin- mitte*! in a country where, in addition to its actual difti- culties, outrage had attained such a daring lieight, that it was necessary to resort to the protection of what the indictment charges to have been stolen. The branches of inquiry which will present themselves to the Jury, were, Whether the place charged in the indictment was within their jurisdiction i Whether the property charged to have been stolen belonged to the l^larl of Selkirk? Whether the nine pieces of cannon, or any of them, were ac- tually stolen, and if they found that tliey were, whethei they amounted in value to more liian 40.?., and wen stolen out of a dwelling house of the Earl of Selkirk ? It would only then remain to say, whether the felony were brought home to John Cooper and Hugh Benner- man, by the evidence. Having taken the liberty of placing before them these prominent points which would require their consideration, it was only a very brief outline of the case that it would be necessary to trouble them with. The robbery charged in the indictment was com- mitted at Ked Hiver, in the Indian country, where the Earl of Selkirk was establishing a Settlement, and had a variety of houses of different descriptions, and in one of these, it would be [)roved to the Jury that nine pieces of cannon had, for a considerable time, lain useless; indeed that it had been in April, when they were lying frozen uj) in a sort of out-building, that a laij^c party of persona, among whom were the prisc.iers, had come, and by force taken them away, removing them to a fort at some distance belonging to the North-West Company. That this was the case he had to prove, and if he succeeded in proving it against the prisoners, they must be found guilty, as all aiding and abetting are, in the eye of the law, equally guilty, though perhaps not morally so, as in this case it may perhaps appear that some who stirred up this proceeding, and induced a number of ignorant 351 persons to cotninit this (IcprtMlation, are morally more culpable, yet, legally, all are eoiisideied e(iually guilty. JOHN P. BOUUKIi, sworn. Ex'tmimd by the AxroiiNKY-GENEiiAL. Mr. Bourke. In the spring of the year 181.3, I resided at lied River, in the capacity of u storekeeper to the colony established by Lord Selkirk. At that time ray Lord Selkirk had a number of pieces of caimon there. There were nine pieces altogether. Some were brass and some iron, four of them were brass, and were three-poun- ders, that is, two of them were.', and two were swivels. Two of tlicm were field-pieces and two were swivels ; there were also four iron swivels and a howitzer. There were only two brasf ilcld-pieees and two brass swivels, there were also four metal, or iron swivels, and a howitzer; nine pieces altogether. They were in my cluu^o, and given to me in charge as the propcily of the Carl of Selkirk. They were in the store when I received them in charge, and I received them iVom Mr. Macdonell, or Mr. Archibald M' Donald, that is, 1 received the keys of the stores from one of them, but I cannot exactly recollect which. Mr. Archibald M'Donald was under Mr. iNJiles Macdonell. Attorney-General. What, Sir, might they be worth, at a very moderate calculation.'' What do you think was their value? Mr. Uourhc. Indeed I cannot say, but they must be very valuable. I do not know the value of such things. Atlorney-Generul. It is unnecessary to fix a precise value; do you think they were worth ten pounds each f Mr. Bourke. They luust certainly be worth that, and the brass ones a great deal more, as I should think. They were generally kepi in one of the men's houses. By men's houses, 1 mer.n houses were the men lived, but the property of the Earl of Selkirk. One was kept on a block outside of the houses, the others, in the men's room, of a house belonging to the Earl of Selkirk. On the 3d of April, ) It 1 1 f •f 4; ill'' I 352 1815, I thought the men collected in unusual numbers to get provisions, and was surprised at observing that most of them had sticks in their hands. Jttorney-General. Were the men accustomed to get provisions from the store in this way ? Mr. Bourke They were accustomed to get provisions from the store, but not to come with sticks for them. It was on the 3d of April, between ten and twelve in the morning, when I saw them assemble in such numbers ; I was afraid they meant to break open the store, and I there- fore determined Only to take them into the store one at a time. Attorney-General. Was there any particular time, or liiuited period, by which their provisions were to bo served out? Mr, Bourke. There was not. I usually began as early as convenient, and it was generally about this time of day. About twelve o'clock, or between twelve and one, as I was looking out to call some into the store, I saw they had got the cannon on a sledge. 1 immediately locked the store door, and went and took hold of the cannon, or one of them, to remove it from the i. ledge, but was prevented by the settlers, who took hold of me, and ordered me to let it go. I then tried to get into the great house, where Mr. Archibald M'Donuid and some others were, but was pre- vented by t!?e people with their sticks and clubs. I then tried to get into the store, where I had been serving out the provisions, and whence 1 could get to the room where Mr. Archibald M'Donald was, but I was again prevented by them, and among others particularly by Hector Gunn, who liad a gun, till they got off with the cannon. Then I was let go in by them, and 1 found they had taken all the pieces oi' ordnance that were there. The two prisoners were there. 1 know both of them very well, and they were there. I cannot say that I saw them actually take hold of the cannon with their hands, but they were there, and went awav vvith t party ,'ay North-West fort, in the neighbourhood of the place they were taken from. I $ c| hi rd . -^ ■ 7 353 Altornei/'GencraL Did you see the prisoners at the bar before and after the robbery, and did you ever see the cannon after they had been taken away in the manner you liave described ? Mr. Boiirke. I did see them, both before anr] after the robbery. The cannon were taken up to the North- West fort, and the prisoners went along witli them. Soon after they got out, 1 saw jNIr. Duncan Cameron meet the people, and encourajje thorn not to be afraid, and they were taken to the North-VVest fort, where I afterwards saw a part of them. I saw two of the brass-pieces in ihe North-West fort at the time I went there with Mr. \V hite, Mr. Archibald M* Donald, and a constable, with a warrant from Mr. Miles JNIacdonoll to search for, and demand, the stolen property. There was a hw^e party went, but only the four 1 have mentioned were allowed to enter the fort. AttorneT/Gentral. Did you obtain the cannon from Mr. Cameron ? Mr. Bourhc. No, we did not: he said they were in his possession, and he would take good care to keep them, and as there was an armed force drawn up in the fort, we could not execute the warrant of the Magistrate. I believe I have frequently seen the prisoners afterwards among the North- West Company's people. They deserted our fort at that time, and I never afterwards served them witli provisions ; they went away altogether. I saw otie of the cannon afterwards at a buttery lower down upon the river, which had been erected by the Norlh-W est people to annoy us. jittoruey-General. I omitted, I believe, to ask you whether the prisoners were armed ? I would also ask if the settlers, on the morning the cannon were taken a\v"iy, were generally armed with clubs ? Mr. Bonrke. I cannot say that it wns elnl)s that the party generally were armed with, but they had sticks, and I cannot say about the prisoners. The Ked River country is in the Indian territory, being situated in the neighbour- hood of the Lake and River Winnipic. The Earl of Sel- kirk had a colony called The Red River Settlettient. / z w i > ■ . ..'if -i ■'•i'.y S54 went to it in 1813, and remained there till we were all drove away by the North-West people in 1815. The Red River Settlement was situated near the forks of the Red River, as they are usually called : the forks are formed by the junction of the Red and the Ossiniboine Rivers. The cannon were taketi from Fort Douglas, from the dwelling house of some of the men, and were taken to the North- VV^est fort, which was about half a mile distance, to Fort Gibraltar, where they were received by Mr. Cameron; or rather, he went witli them, for he met the settlers with them, and was accompanied by a number of men. jittorney'General. And the cannon, together with the house from which they were taken, were the property of the Earl of Selkirk ? Mr. Jjourke, Tliey were, the one and the other. Cross-ExamifiatioNj conducted by Mr. Shruwood. AJr, Shencood. Do you know what Lord Selkirk's pos- session was? 1 mean, what right he had to them? How they came to be his pro|)ertyf Because they are rather an extraordinary property for a nobleman to be possessed of. ]\Jr. Bourke. They were given into ni} care as such ; they cai.ie to me with his other property, and I took them to be such. I never asked any questions about how he came to have such property. Mr. iihtrwood. Were they upon carriages, or mounted ? Mr- Bourke. No, they were not. Mr. S/tcn/;:oud. Had they not been mounted a short time before ? Mr. Bourke. No, they had not, to my knowledge. Mr. Sh'ruood. Were ihey not on carriages on Christ- mas-day, and had they nut been for some time hefore that dav i Mr. Bourke. I tlo not know that they were. Mr. Sfurwaod. Do you not know, or I will ask you, were there not carriages there for them f The Attorney and Solicitor-General objected to the course of questions put, and called upon the counsel for the P e I -s* ?re all |e Red |e Red ed by The feMing forth- Fort ^n; or with i- 355 prisoners to &tate to the Court the nature of the answer he expected to receive. Mr, Sherwood said that the questions he bad pMt were directly in point, as it was not merely a taking away of the properly of another' whicii it is necessary to shew, but also the animus fur audi. In this opinion he was supported by my Lord Hale, p. 508, sect. .0, vol. i. " As it is crpit and *' asportavit, so it must he fdonicef or aninio furandif " otherwise it is no felony, for it is the mind that makes the " taking of another's goods to be a felony, or a bare tres- " pass only ; but because the intention and mind are secret, " the intention must be judged by tbe circumstances of " the fact." My Lord Hale then goes on to state a variety of instances, so as to elucidate the sound principle, that in the absence of the fl///V/iM.<• i^G answers given to (jucstions on took away the cannon were, 1 believe, settlers, and not servants to the Hudson's J3ay Company. Mr. Bourke. They were settlers sent out by Lord Sel- kirk. Mr. Sherwood. Tliere is a difference, is there not, between Wi>i r>ordship's settlers and the Company's set- tlers ? Mr, Bourke. Yes, there is some difference. i -'■i'V; 358 Mr. Sherwood. Do you happen to know whether these settlers were satisfied with their situation ? whether they were satisfied with their provisions, either as to quahty or quantity ? Mr. Boitrhe. I do not know that they were satisfied ; there were some who, I believe, would not have been pleased if they had the best that could be got in York. They always had sufficient good provisions, and might have been satisfied, and I believe generally would have been so, if they had not been stirred up to discontent. Mr. Sherwood. That will do upon this subject. I did not ask you whether they ought to have been satisfied, but if actually they were not satisfied. I will now ask you another question. Have you seen any of these good people since you have been in York attending the Court? Mr. Bourle. I do not know if they are good people or not, but 1 have seen some of them at York. Mr. Sherwood. Do they appear as well satisfied as they were at lied River, or do they desire to go back ? Mr. Bourhe. 1 do not know any thing about them, •whether they are better pleased or not. Mr. Sherwood. You said you were serving them out provisions at the time the cannon were taken. What sort of rations had they i Mr. Boiirh, Tbey had oatmeal, fat, pemican, and potatoes, in sufficient quantities,, according to their fa- milies. Mr. Sherwood. It was in April, I believe, chat t^'e can- non were taken away upon sleighs. Was there a good deal of snow and ice in the river. iJ/r. Bourhc. Yes, there was a good deal. Mr. Sherwood. Do you call it a good climate? Mr. Bottrhe. Yes, I call it a very good climate, as good as this, and better than Lower Canada. Mr. Sherwood. You have mentioned th«t these people had sticks. Is it any thing so unusual in your country for people to walk with a stick, that you were surprised ? 359 Mr. Bourke, No, not in iny own country, but it was extraordinary tliere, and I certainly thought some harm was meant when I saw tlieui with sticks. Mr, Sherzaood. Was it before Governor Macdonell's Proclamation that these cannon were taken ? Attorney-General. Whether my interruption is loudly exclaimed against or not, I must oppose such questions. £ do, my Lords, most reluctantly interfere, but I consider them such a deviation from propriety, that I feel it an im- perative duty not to permit them to be continued, with- out expressing my sense of their irregularity. As to the displeasure of the learned gentleman, I cannot help it; as a matter of course I must expect it, but 1 do appeal to your Lordships' authority to put an end to such irrelevant interrogatories, which have already extended themselves to a very unjustifiable length. Mr. Sherwood. I have no particular wish to press the question ; have done with Mr. Bourke. Re- Examination^ hij the Attorn ey-G en eual. AHorneT/'General. You have been questioned. Sir, in rather a singular manner, as to whether this was in fact a dwelling house, and the property of the Earl of Selkirk. Will you. Sir, again inform us what it was ? Mr. Bourke. It was an actual dwelling house, and be- longing to the Earl of Selkirk, but inhabited by his people, who ate, drank, and slept there. Pigs might be kept there for any thing I know ; but there were places partitioned off for stores and other purpoi.es, but they were all under one roof. MILES MACDONELL, Esquire, sworn. Examined by the Attorney-General. Mr. Macdonell. I was there at the Red River Settle- ment in 1815, and for some time before. I know of some cannon being there, the property of the Earl of Selkirk. These cannon were sent out by his Lordship in his own hired ship, and arrived at the Settlement in ISTi. I know ' T ■,h< %•■' 360 they were his own property, as I saw the account of them, that is, the bill and receipt; the cost of them was speci- fied, but 1 do not exactly recollect how much it was, and they were kept at the Red River Settlement from 1812 to 1815. lu tlie fall of 1814 they had been put up into a store-house, one end of which served as a dwelling for some of our people. Mr. S/itrwoo(l. 1 hope your Lordships have taken down these answers of Mr. Macdonell, as we consider them very important; perhaps Mr. Macdonell will repeat tliem. (Mr. Macdonell accordingly did repeat his amx£ers in sub- stance.) Mr. Macdondl. There were nine pieces taken away. When 1 came to the Settlement there were two brass three-pounders, two brass swivels, one-pounders, four iron swivels of froai one to two pounds, and a small howitzer, of which I do not know the calibre, but it was a small one. Two of them were field-pieces, xiz. the three-pounders; the smaller pieces are generally called swivels. Attorney-General. Can you give us the value of them, Sir, either from your own judgment and knowledge of such articles, or from recollection of what tlicy were charged in the account ? Mr. Macdonell. I do not recollect what t'.ie field-pieces were charged. I should suppose they uvglit be worlh thirty pounds each; they would be worth more in the Hudson's Bay territory. The swivels 1 do not recollect the cost of, nor can 1 form so good an idea of their value. j4ttoriici/-Gtneral. It is not at all necessary. Sir, th^>t vou should value them very accurately. Say any sum that 13 not over-valuing them. Were the two worth twenty pounds ? Mr. Macdonell. Certainly they were worth that. Altorntf/'Geyieral. I^ow, Sir, the iron pieces, if you please give us their value, either from your recollection ol" the account, or your own knowledge, observing the same rule, not to over-rate them. Mr, Macdonell. 1 cannot say as to them either, though 1 recollect that 1 saw the account; but I should suppose Mi^K i I i 361 they might be worth from three to five pounds each, hardly so much as five pounds, but certainly they were worth three pounds each. The howitzer was worth ten or twelve dollars. The howitzer and one or two of the iron pieces were given to my charge in Hudson's 13ay for the protec- tion of the Settlement. Attorney'deneral. Were they, Sir, in the store in the beginning of April in the year 18 1 j ? Mr. JMucdomlL I should think that they must have been, though, as I was not there, I cannot say positively. 1 left them in the store in January, dismounted, and I found, when 1 returned to the fort from my journey, that they were gone. Upon my return the circumstances were communicated to me under which they had been taken, as well as the place where they had been taken to. A depo- sition was al'terwards made before me to the same effect, and in consequence, I issued a search-warrant to search the North-VVest fort near the Forks of the Red Kiver, and sent Mr. Bourkeand some others to execute it, and bring them back if they found them. They returned without them, but told me it was admitted by the partner of the Company in charge at the North-West fort, that they were there, but said lie should take care of them, and would not allow the warrant to be executed; indeed he would only permit three or four of our people to enter the fort. I saw two of thein afterwards, when the attack was made upon us in that year. A battery had been thrown up at night near the Settlement, and 1 saw them there in possession of the North-West Company, who had thrown up the battery. 1 afterwards saw them, one on each side of the door of the house where 1 was detained as a prisoner. Altorney'General. Did these persons know that they were the property of the Earl of Selkirk, and that they had been stolen ? Mr. Macdunell. Yes, they must have known it, as they received them immediately they were stolen from the store, and also from my warrant for their recovery. AAA V\ T ^'t! '.vS;, 36) Attorney-Oeneral. How long did you liv« in tlie R«d River country? Was it long euoiigli to »nake voii ac'(juainted uilli its geographical situation? is it, Sir, without the provinces of either Upper or Lower Canada, and of the Tnited Slates of jAmerica? Mr. jMacdonclL It i:* certainly not in either province, nor in the United States. 'J'he whole of the Hm] River country is beyond the height of land which separates the waters running into Hudson's Bay from those of the Kivers Missouri and Mississippi. From maps 1 have seen, I should think it to be in between 9^ and [)7 degrees west longitude, or about 97, and in perhaps 4[)l degrees north latitude. CrosS'Examinaliou, comlucleil hij Mr. Sherwood. A/r. Sherzcood. The people enjployed about the fort ■ometimes lived in this house from which the cannon were taken, did they f Mr. Macdonell. Not sometimes, but always ; it was our permanent quarters. Mr. Sherwood. You, I think, said that you were not at the fort when the cannon were taken away, so that perhna you cannot say whether any body was actually living there or not at tlie time, or whether it was not used as a hog- stve i Mr. Macdonell. All I can say to it is, that when I went away it was, and had for a long time before, been used as a dwelling house for the people, and there were no hogs in it, as I believe. Mr. Sherwood. In what capacity, Sir, was you at Red River country r Mr. Macdonell. I was there as Governor of the district of Ossiniboia, in the Hudson's Bay Territory. Mr. Shencood. Did you issue your warrant to recover these cannon in your capacity of Governor? Mr. Macdonell, I was also a Justice of Peace. Mr* Sherwood. Who appointed you Governor ? Mr. Macdonell, I was appointed by a commission from l)a« Hononrublc Ilndsoii'* Bay Company t I. vWest Companies were engaged They were exposed to danger from the Indians and half- l)reeds, as it appears tiiere had for some time been reason to apprehend ihey might come and destroy them. From whatever cause it might be, is no matter; whether it arose from the quarrel between the two great Companies, or from other causes, is of no consequence; these men, it appears, were unhappy and miserable, and were desirous to escape from their unhappy situation. They had been led to believe, how they came to believe so, is of no con- sequence, that these cannon might be used to prevent their getting away, and they determined to remove them out of the way. That they had no intention of purloining them is clear, from their conduct; they carried them to a distance from the place whence they were taken, and there left them*. They had no intention of selling them, or of appropriating them in any way to their own use, but merely to hinder them from being used to molest them in their intended escape. It is clear that they could not have, and indeed there is not a scintilla of evidence that proves a felonious intent, or that a robbery was commit- ted, or intended to be committed. So far from a robbery having been committed, though the cannon were removed and were carried away, it is only a high misdemeanor, a high trespass, that they have been guilty of. 1 will ex- plain to you a little of the law upon the subject. There can be no felony committed without at the same time a trespass being effected; but there may, gentlemen, be a trespass committed without at the same time committing a felony. This is very satisfactorily explained in the law quoted from Lord, Hale, by the learned gentleman who conducted the Defencef. Looking then at the whole case, * The cannon were carried by the prisoners to the strong hold of their ringleaders. And where a specific article is stolen by several individuals, it is not to be inferred, that the person who retains possession of it, is the only one who receives a benefit from the booty. + The case cited from Lord Hale by Mr. Sherwood, and recognised by Mr. Justice Boulton,as decisive of the present, establishes, that if A. takes away the goods of B. openly before him or other persons (othe-wise than b} apparent robbery), this carries with it an evidence only of trespass, i«V,' '^;^ 387 according as I hare it upon my notes, it i» so very plain, that there is growing out of it no sort of difficulty what- ever. The reading of my notes, which I have taken during nhe trial, would be a waste of your time, as I am sure it must be better impressed upon your minds from the attention you gave to the examination of the various witnesses who testified to the different parts of the case. It is, therefore, only necessary that I repeat to you, that there appears, from the whole, to be nothing for you to consider but the point of law I have stated to you ; bcoause, if there is not a scintilla or proof of a felonious intent, though they did take away the cannon, as I have told you before, it will amount only to a trespass. The whole case is a strange one; the part that the prisoners took has been very loosely proved, amounting to nothing more than that they were there* ; if however it has been proved, to the satisfaction of your minds, that they moved one foot towards helping to take away these cannon, it will be for you then to determine, whether they were so taken with the intent to steal them or not. If you believe the last evidences you had before you, there was no intention of stealing them, but, on the contrary, it was only by way of precaution, that they might not be used to prevent their coming away to Canada. You will, however, say what is their offence. because done openly in the presence of the owner, or of otliev persons that are known to the owner ; and Mr. Ju.stice BoiUton, in tlie first part of his address, adduces the instance of a man who takes a horse out of a Held under a questionable claim of property ; and he calls upon the Jury to observe, that the cannon in the present case were taken in open day and by a large body of persons. But these cases arc widely dift'erent, inas- much as no claim or pretence of property is alleged on the part of the prisoners, and the persons havine; ciiarge of the cannon carried aw.iy wore restrained from personal resistance iuul from coDimunication witli tlie civil authorities, by corporal force, and tiie terror of dciith. • The Judge cannot surely l>e understood, iis intimutin;;, tliat the crime of the prisoners would not be complete, if tiiey cotmtenunccd a robbery of the cannon, by their presence inarms, although they never moved one foot towards the actual cari-ying of them away. His Lordsliip's expressions are, however, not so distinct on this point, as to b" iVoe from tiic ildiii^crof misinterpretation by the Jury, i:? ■ -<;! 388 The Jury then retired under the care of officers, and in some time returned ; and the customary forms being gone through, returned a verdict of NOT GUiLTY. The Attorney-General was tlieii asked, by the Chief- Justice, if he liad any other business to bring before the Court under the Great Seal Instruments, from the Lower Province. To which he replied, that in consequence of the opinion expressed by the Court, on a former occasion, respecting the informality of some of those instruments, he had entered a noii prosequi in all the bills of indictment which he had preferred against persons who were sent for trial to Upper Canrda, under sealed instruments, which did not specifically point out the nature of their o0ence. That ! esidcs these bills, there were several others found against persons for arson, and maliciously shooting, which, by the express words of the Great Seal Instruments, the Court had full authority to try, but that the persons accused were not present, nor were they bound to appear under any recognizance which he could enforce ; he had therefore, moved the process of the Court against them. He added, that he had been induced to withhold any charge against certain other individuals who were to be tried for a con- spiracy, because the nature of the conspiracy with which they were charged was specified in the instruments of transfer so indistinctly as to render it doubtful whether the Court would take cognizance of that oilence, and that ihere was scarcely any evidence against those among them whose acts of hostility against the Settlement were mani- ftst, and had led moat clearly to its destruction, (the object of the conspiracy charged,) except so far as they might be proved to be connected with others over whom the Court by its deterniination professed to have no juris- diction, and because this evidence went almost entirely to conduct tor which the same persons hud previously been put upon their trials in another shape. THE END. ^i?' Printed bit J. EietUlt, liup&rt Hretl, Uagmarkct, Lonilon, 1 in |oe f. e er of n, Its, Dt or h e. Id b, le id POSTSCRIPT. i TTie follomng ought to have been inserted in a Note at page 131. It appears from other evidence, that the real object of the detachment of lialf-breeds, here represented by one of their number, as leavinj^ the main body and ftoin^ to the river to drink, was to make captive such of the settlers as they mif?ht find on their farms. Five men and one woman were in fact seized by them, and conducted in custody to the Frog Plain. The following extract from the affidavit of Alexander Suther- land, one of these settlers, may serve to elucidate some of the allusions to this fact, which appear in the examination of several witnesses, and will also explain the Koute of Mr. Fraser as marked on the Map prefixed to this volume. " That in the afternoon of 19th June, the day on which the " Governor and his people were killed, the deponent was at *' work upon his land, which is between Fort Douglas and the *' Frog Plain, and is the 12th lot from Fort Douglas, and the " I3th, or about a mile and a half from the Frog Plain, whea " the deceased Messrs. Wilkinson and Holt came riding in, *• seemingly from the Plains ; that they stopped and spoke to " deponent, saying they did not believe it was true that the half- " breeds were coming that day. That Messrs. Wilkinson and " Holt then rode towards the Fort, that in less than three " quarters of an hour afterwaixls deponent was surprised by *' five half-breeds, while still working arv^ong his potatoes : that " these half-breeds were close upon deponent before he per- " ceived them, and that one of them, Alexander Fraser, came " directly from the side of the river which was to the eastward " of deponent, while the others came from the cart-track leading *' from Fort Douglas to the Frog Plain, which was to the west- " ward of deponent: that the said Fraser, seeing deponent throw " his he into a bush and attempt to escape, and mistaking the ** hoe for a g jn, called to the others, one of whom unknown to " deponent spoke g^/od English, * kill that damned rascal op " ' the spot, I saw him conceal his gun in the bush,' but that " when several had presented their spears to deponent's body *' for that purpose, the others replied,' no, no, don't kill him, it *' * was not a gun, but a hoe with which be was working the " ' ground.' That by this time they were all five close round " deponent, who observed that their faces were horridly painted *' like Indians going to war, chiefly black with streaks of red. *' That the said Fraser then told deponent to tell tbeni what had n 1 3 " become of Mr. Rohtrtson, (meaning Mr. Colin RoberUon,) " who had re-established the Colony in the fall, and arrested " Mr. Duncan Cameron, |)artner of the North-West Company. " That deponent said that Mr. HohtTtson was gone to York " Factory, iipun which Fraser replied, ' you're telling a damned " ' lie now,' tln'eatenini( at the same time, if deponent did not " tell the truth, that he would be put to instant death ; that *' deponent repeated what he had said before, and that Fraser " thtn siiid, ' we will secure you at any rate for the present, and " ' when we have «;ot hold of your gentlemen at the Fort, w« " ' shall fmd out your damned lies, and punish you as you " • deserve.' That deponent's field of potatoes was at a distance " fronj the cart-track and nearer to the river, in the line of the " getlkrs' houses, and that tl«e said half-breeds had quitted the " common route to Frojj Plain, and hud come out of their way '* to his field when they made him prisoner. That deponent " asked the aforesaid half-breed who spoke English, what was '* his name, and that he said, ' my name is an Indian, and you " * di»n't know me.' That deponent was afterwards brought " by them to the cart-track, and conducted towards the Frofj *' Plain, and on their way were met by another party of half- " breeds armed with spears, swords, and guns, and painted the " same as the others. That on meeting this party their questions " were renewed concerning Mr. Robertson aforesaid, and threats " and threatening gestures renewed to extort from deponent " the inlbrmation they seemed to expect. That Fraser and " others said that, if they could catch the said Robertson, they " were resolved to skin him alive and make dried meat of his " flesh. That deponent's answers that said Robertson was " gone to York F'aclory, appeared to displease them, and at " last, that deponent told them to kill him at once if that would " content them, but not to be always presenting their spears to " his breast. That several of them upon this were preparing " to put deponent to death, and would have done so but " for the one above alluded to who could speak English. " That then all but three, who conducted deponent towards " Frog Plain, went ofF towards the fort, that on his way to the " Frog Plain deponent heard and, looking round, saw the firing '' of musketry — that two of his conductors left him to be taken " to the Frog Plain at last by one only — that deponent was at " first put into Laverdure's tent, where he found Alex. Murray *' aad his wife prisoners, who had been led down the track before " the deponent — that deponent was outside of the tent when •' the hali' breeds and other servants of the North-West Comj)any " aforesaid returned from the firini;-, and he saw the life of Mr. " Pritchard and that of Anthony M'Donald frequently threatened " in the course of that evening by the said half-breeds and others. " That some <^>f them even proposed to destroy at once all the " prisoners^ and that they were all saved at different times by ■■^ Ill " the exertions and entreaties of the free men'» wives, who are *' all Indian women, and ))articulaiiy the wife of Luverdiirf— *' that deponent is persiiadcd, and verily believes, that if Cuth- " bert Grant, the kader »f the halt-breeds, and a olc-rk in the " employment of the North- \S est Company, had not been there " tht." ri >t would eei tainly have put dt'|)onent and the other *• prisoners to death, aecordmg to their threats, and, as they " said, aceurding to the ordi-rs they had reecived, as deponent " understood from Alexander Macdonell,ofQui Appelle ; thattlie " said ('utl)bert (irant, in niterfenn^ to prevent deponent and "■ others from beinj^ nuirdered, rcpeateilly said that in so doinji^, '' he was deviatin;? from the orders he bad received, .;nd that '* they oni^ht to be thankful to tf( t otf so well at his hands, " That duruijr the ni^ht d(i)oneiit heard many of the half- " breeds boast of the feats they bad i-erformed that day, " in ihe destruction of the luijilish. That one hall-breed in " partieiilar, (njentiotied abo'. e, as refusing to till his name,) *' told deponent,' it was lucky for you that 1 fell in with you, else " ' you would now have been a dead man. 1 have done well " ' since 1 saw you, I have killed five myself'.' That when the " half-bret(L., and others aforesaid, were takintf supper that " nii;ljt, they offered some to deponent and i llow-prisoners, *' which they declined. That the >aid Fraser told deponent, " ' while you are here yon shall have soniethiri!^' to iit and " ' drink, which is more tlian we will allow them in llie (brt; " ' they may have provisions,' he .»aid, ' but it will be our " ' fault if they get a drop of water nut of the river.' That the " deponent tin ii heard them speakinir of their plans to re«luce " the furl by starvation, by erecting a concealeil hattery on the " opposite tod upon the roots, — lh;ir the de- '' poi « 111 liearti this from Grant and I''ra>er in piirtieular. i hat " said f raser likewise told depoiunt, to lnok what tliey had " alrratly done that day, and judge whnt they coubl do, .-aying, " ' there are eighl and twenty of your men \< I nor, brave as he was, was the lir^t man ;luit fell.' ihat " deponent also heard Grant say, that if the fort v\as not ;^iven " up next diy, they would >!nvv no more (piaricr. 'ihat while " (l(;poneiil was in Hellegarde's tent, Cotouuhaye, a haif-hreed, " a sou (if >sai(l l>i llefjarde a Canadian free man, arrived from " the scene of the massacre, hriUjiin;; with liiin (Governor " Scmpli.'.- pistol>, •^uorti, (loubfi-hai'relled ,111111. r.iul white iieek- " baii(ikeretiief ; iliat lie saw the said (,'otoiiohaye deliver these " articles u> his father the said Hellegard<% who n ceiving the •' plunder with smiles of satisfaction put them under his bed. *' That the deponent, next day, was allowed to ;>o to Fort Don^- IV " las, and on his way saw the bodies of the slain nearly naked, " with limbs and skulls fractured and covered with blood and " wounds — that several of their faces could hardly be distin- " t;uishe8 a Saul- e colonists. ;r colonists, bein{? Sun- under the number of ed the war IS the half- j landed in lonent and lied imme- in a loud lere is that vas imme- • canoes,— t the other isoner into arty, under irchiiig for that depo- the king's Dnent took afterwards lied by the : Mr. Mac- atrick Cor- )y some of hers afore- went with t on thoir winter, at oblij^ed to ce of their