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Lorsque le document est trop grand pour itre reproduit en un seul clich6, 11 est filmA A pertir de I'angle supArieur gauche, de gauche h droite, et de heut en bas. en prenant le nombre d'images n6cessaire. Les diegrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 n^ Jin., c^ Ji''9:9\ ^t ' m CAPREOL ats. MITCHELL. ** What Judgment shall I dread, doing no wrong V* i -V^f'-. ^'"r ,!i var^' A ^T I i < I ■■■» Mu r' r. - if ■•« •^^^■►.-.5Vi..i-v,'J»,ii, •*•*«•<»••<*> (S 1 'iiv UiU :^l-.i'4.., ,XcAi>t^lw> ii! i. > .(!»«;■ 'i-1?. »i''')Llj».ki:i!' .,.•' .'■VTiti .-1 I J i U' CAPREOL a/». MITCHELL. 7* vmHf^ •4» U^miJ^ "^^^ judgment aha]! I dread, doing no wrong?" ^ ; ;^ ^ J, To THE POBUC, Many of my friends and well-wishers (and persecuted and slandered as I have been since I came to the rrovince, I am proud to say I am not without many^ and those of hiffh standins and respectability) being anxious that the Wond should be acquainted with the terms upon which, the above Law suit has been settled, I now publish in the first place, a copy of the declaration, which was signed, upon the completion of the settlement ; and then give to the World, the details of the settlement of an affair, by means of which, every attempt was made, that malice and chicanery could devise, to ruin and destroy me. The settlement arose entirely, from a proposal made by Mr. Mitchell, and it cuJed in his purchasmg from me, those Lands, which he and his wife, urged on by her estimable father Lieut. Col. A damson, endeavoured to wrest from me, by Law, by abuse, and by persecution. , Aided in this by (me of the Judges of the Land, and assisted by the abuse of Her Majesty's present Attorney General, a Jury, bowing to the subtlety of the Learned Judge, was twice induced to find a verdict against me ; but strong in the Justice of my case, with a feeling that my character was at stake, though ground down by poverty, I persevered, and again determined to appeal to a jury, strongly impressed as I was with the belief, that no subtlety however refined, no abuse however vulgar, could again blind a jury to the system of op- pression which was in operation against me, and induce twelve British subjects once more to promote such iniquity aad injustice. To prove that this is no over-wrought picture, I will just detail the Speech of the Honorable, — the lbabnbd, — the CHASTE, — THE CLASSICAL — CooNSEL, to wHom I havc alludcd. In his peculiar style of Eloquence, he said on the first trialt *• Gentlemen of the jury, I don't know Mr. Caprecl — I never " saw Mr. Capreol — but there is a person in Court near Mr. " Sullivan (my Counsel in the cause) who I presume is this ** Capbrole— or Cafriou — the name. Gentlemen, of some " Italian Bandit — his very countenance pourtrays the many '* acts of villdny he has committed. I am credibly informed " and believe it, and wish to impress it on your minds, that **he has Already gambled /away, and ^ the ihokt vicious " courses spent, two extensive fortunes, and must necessarily, ** use dishonest means to gei another. He started Gentlemen ** in the dead of night, like a robber and assassin, to take pos- ** session of the property, of wKich he had robbed this infatuated " young man, my client,** &c. &c. 'fee. Now I never boasted of my beauty — but I carry on my countenance — no marks of midnight debauch— -and I am not conscious that my face in any way contradicts, my well found- ed claim to the station of a Gentleman, by birth, by parentage, and ]>y education ; and altho* I may have been driven by poverty and oppressibn to pursue the means of livelihood throiigh courses not the the most refined, I have by honesty, activity, and exertion, gained one ; and I have maintained my family without incurring debt, and in despite of the virulence of my persecutors. With respect to the slanderous and false assertions of Mr. Hagerman at the trials, the World is too well acquainted with his overbearing manner as a browbeating Counsel, to estimate his assertion, in any other light, than that of a hired pimder to the passions and malevolence of others ; but lest it should be said that I elude the question, I give here a positive denial to his assertions ; and to any one who dares in future make them 1 will distinctly give the lie ; challenging the world to the proof. I subjoin copy of a letter I wrote to Mr. Hagerman, in the ho^ thw a better feeling, would at this day have induced him to affirm, that no personal mfeilignity caWed forth the remarks^ and that the slander was not the coina^ of his prolific brain ; but he has chosen to Shelter hirtiself under tiis character of ad- vocate, as his reply, also subjoined, wiH shew, and with an hypocritical expression of regret, to 6vfeide the question— the time may cortye'Xvhen despite of his present elevated position, ho nriiir be called upon to reqttite testimony in his own favour, to aVCTt the consequence of slattderous imputations upon him- self, and wiien life writhes in bitterness at (he disappointment to be created by a Want of jUstifee to him, he may remember the merisurc with 'which he mfeted, to 86 humble an individual xis myself. ' ' ii^'-ytfi^i •^ I corne hdw to the faets of the case. I purchased the lands in question of Mr. Arthur Jones for £50 in cash and the assignment, of a Reversionary Interest in one third of £2187, 41 5d. Stock in the Bank of England, estimated by the parties tiibmsclves at £5fi8 ; shortly after" the purchase Mr Jones was made to believe there was no such property belonging to me, and an action was commenced to dispossess mo of the land. — I ■*#■ s» Mr Jones died before the trial— thoiCtiief Justice cliergod the Jury that the Stock was ideaK and (hat the asnffmnent was lo much wBSto 'pap6ir*->^ot worth one atraw-^guided by this ini* qnitoas declaration from the seat of Juitice, and misled by thA* KJanders of Mr. Hagerman, the Jury naturally found a verdict against me; and my opponents gained possession, m i ij : (V/ The proceedingv in this trial were superinteriddd by the Hon. Lieat. Cot. Adamson, a Lcj^slative Oauncillor and the intimate friend of the Chief Justice, on behalf of his natural daughter Mrs. Jones the widow and administratrix of Mr. Arthur Jones ; who afterwards marrying as her second hus- band, Mr. Charles Mitchell, his name was necessarily intro* duced into the cause ; and the future management of it had the benefit of his asaistance-^my application tor a new trial, 8up« ported by the strongest affidavits, having been refused, after various postponements, on the grounds that I had my remedy by the action of ejectment, a suit was commenced to regain my rights ; but I was met by the same Counsel, and unfortunate- ly by the same Judge, and with the same result. u Nothing daunted, I recommenced proceedings ; but my op^ ponents fearing that (he same good fortune would not again await them, iiled a Bill in Chancery in order to obtain an Injunction to prevent the action proceeding ; but here at length, " that hobbling beldame Justice" prevailed ; and they could not obtain the Injunction ; and when the action at Law was ready for trial, by affidavits of want of preparation, although they had six months time to prepare, they succeeded at an expense of more than £50 to themselves, in postponing it till the next assizes. Finding by my answer to the Bill in Chancery, that the justice of the case was with me, they olicrcd to refurcuase the property; and to give me £728 for it ; £lGO of which was to be paid in cash, and the Reversionary Interest in the Stock before mentioned was to be re-assigned to me, as the balance. To this proposal I reluctantly assented, and on the completion of the arrangement, the subjoined declaration of the counsel on each side was signed, in refutation of the calumnies, which had been heaped upon me, pending the litigation. The high cha- racter of the counsel who have attested :' :, canies to the World a sufficient refutation, were my calumniators, men more res- pected, than the Chief Justice and the Attorney General of Upper Canada. It is said that a mistaken charge to a Jury, caused that upright Judge Lord Kenyon to die of a broken heart ; how long will it be before any error, any mistaken assertion, or even unjust partiality, will wring a sigh iVom the breast of our Chief Justice. When tho trtniactiMi was closed, the purchaBer Mr. Mitchell, the husband of Mn. Jones, and the son in law of Lieut. Col. Adamson, was not prepared with the £160, and to oblige him, I consented to take a note, payable three weeks after date, at the Commercial Bank, for £75 as part of it. Will it be believed that this note has been allowed to be un- paid, and that I have been compelled to sue Mr. Charles Mit- chell and his two endorsers upon it— Mr. Thomas Mitchell his brother, and Mr John Ross Quarter Master in Lieut. Col. Adamson's Provisional Battalion of Militia ; and that I am now obliged to be PlantifTin a suit in Chancery, praying a sale of the EiState in order to satisfy my claim. I have stated the few foregoins facts with as much com- mand of temper as I am master of; but could the World know one half of the aggravated insults, misery, and expense, which have been heaped upon me, for as fair and upright a transac tion,as ever took place between man and man, the public would feel as I do that ** there is something rotten in the State ;" or that an unoffending Englishman seeking a residence in this country, would have met from such hisn quarters, something more like justice, than has fallen to the lot of the Public's Very obedient humble servant, •i ,.•: . U • :■ i\- ,H FRED. C. CAPREOL. ,,< J < .1 ,) ■i^J >» ;ii~^. ( ■ *;.-■.; Jl: 1 ■ il w '\,f, (> 1^'.'' U: From Vie Briiiah Cohnitt, 24tk, April COURT OP CHANCERY, V-i 1'-.' 82i ilpri/, 1839. Capreol vs, MitchelL Mr. Baldwin, on opening the pleftdinfff, stated that this bill was filed in February last, to establish a lien on an estate, sold by the Plaintijfr to Defendant, under the following circum- stances. It appeared thai in November last, the Defendant pur- chased the Estate for the sum of £728, the consideration to consist of £160 in cash, and an assignment of a reversionary interest, in certain stock in the three jper cent, consolidated Bank annuities, payable on the death or a certain party, to the Plaintiff and his wife. On the settlement of the purchase, the Defendant was not prepared with the whole of the purchase money, and the Plaintin' consented to take a promissory note ^t three weeks date, for £75 in part of it. This note had been dishonoured, and the prayer of the bill was that the Defendant might be decreed to pay the money at a short day, or that the Estate might be sold to pay the Plain- tiff the balance due to him. Mr. Esten for the Defendant admitted the facts set forth in the Bill ; and stated that it was from inability alone that the note remained unpaid. The sole question was the time the Court would allow, to enable the defendant to raise the money by mortgage. The Plaintiff had also proceeded by common law. He was bound to elect which course he would pursue. If by common law he would not get payment for eighteen months; but that was a length of time whidn was not expected. Mr. Baldwin, in reply said, that the non-payment of the note, was a great disappointment to the Plaintiff. There had been a lone litigation in respect of these lands, and the induce- ment for tne settlement of this litisation, was the receipt of the purchase money ; he therefore hoped an early day would be named. His Honour decreed, that the Defendant should bo allowed until the first of July next, for payment ; and in default thereof, th&t the Estate should be sold ; and in the mean time that the Defendant should be enjoined from committing waste — ^by cut- ting timber &c The Plaintiff to be restrained firom proceeding furaier at common law, and to have costs. Keele for the Plaintiff. /^ Maddock for the Defendant. - .u^^ >*; ■ -B4««*i'i5^N^mj\fctr fi< H'Ji #. . ' v'» C^i J;; ■vr* a . i* 1 AtV*. ■«-r^ *;»•-: •MIMH|i|M .»i APPEiVDIX. TTZ Wt, ■JO a t DECLARATION ^ ^y (Ao Counsel in the suit Mitchell vs. CapreoL In Chancery, Toronto, 2Cth January, 1830. , Mitchell V, Capreol. We, the un(Tersigned of Counsel for the parties in this suit* being satisfied from evidence latt'ly adduced, that Mr. Capreol did not defraud, nor intend to defraud, the late Arthur Jones of his Estate comprising Lands at the Credit, by giving him in payment for it Fifty pountis in Cash and a Reversionary Interest of one-third of £2187 : 4 : 5 in the funds in England, which did not cxis.' ; but that on the contrary, wc having had sufficient proof afforded us, that the said Reversionary Interest in such Stociv, was actually in existence, and belonging to tho said Mr. Capreol, in right of his wife, as he asserted at the time of the purchase of Mr. Jones, have recommended an ar- rangement which has been carried into effect. i ' ' ^^''' (Signed) S. C. P. ESTEN, Of Counsel for the Plaintiff! (Signed) ROBERT BALDWIN. Of Counsel for Defendant. * m' '.\ , n VV^C'--'" yii\ \\>W 1' COPY OF A LETTER From F. C. Capreol to C. A, Hagerman^ Esq, - ;..:-.= .mo; ■■- fi'i u. );-v^ _ 7 ( i < > ' ' ' 1' rri> Toronto, the 8lh February 1880. Sii', ' ■ i You may possibly have heard that the long agitated question between Mr. Mitchell and myself in respect of my purchase of Mr. Jones, of lands at the Credit, has been brought to a close by that Gentleman purchasing the Estate of mei. Before I would enter into any treaty with him on the subject, 1 insisted that the acknowledgment ot absence of all fraud on my part, should be signed by the present counsel and legal adviser of Mr. Mitchell ; and I take the liberty of enclosing a copy of it to you for your perusal, with a request that you would add the weight of your name in testimony of its truth. B 10 h * You must now be aware Mr. Hagerman, that ths vituper- ations which you had launched against me so fo:cibIy at tlic trials, were cruel and unjust ; and all I ask of you is your dec- laration that it was from no knowledge you had of me, and solely from the instructions of your client or employer. I am willing, and indeed anxious, to bury all personal ani- mosity towards you in oblivion, ruined as I nearly was by the slanders you put forth against me ; you have now the op- portunity in a great measure of removing the continuance of their pernicious effects ; and I call upon you as a man — the father of a family — and a christian — if you have one spark of feeling, to step forward and recall as far as lies in your power, the injuries you have done me. I have the honor to be Sir your very obedient servant, (Signed,) FRED. C. CAPREOL. To C. A. Hagerman, Esquire. P. S. The original acknowledgment and the Evidence en which it i» based will be cheei fully submittted to you, if you shall be pleased to intimate your desire to see them. f i i Mr» Hagerman' s reply, Toronto, 8//* February 1830. Sir, I regret that I do not feel myself at liberty to comply with the request contained in your Letter of yesterday's date. As Counsel in the suit to which you refer, I had assigned to me a very unpleasant duty, which I conscientiously per- formed to the best of my ability, with no desire to inflict need- less pain on any one, and this I trust the Public will believe without further explanation from Sir, Your very obedient servant, (Signed,) C. A. HAGERMAN. F. C. Capreol, Esqvire. ( vituper- >ly at the 'our dec- me, and onal ani- was by f the op- uance of i?n — the spark of power, vant, L. ;nce en if you i J n Copy of Agreement between Mr. Arthur Jones and F, C. Capreol as to the Sale of certain Lands, "\ Memorandum of an agreement made and entered into this tenth day of May in the year of our Lord one thousand eight hundred and thirty-four, by and between Arthur Jones Lieu-' tenant on half pay of His Majesty's seventy first Regiment, and> Frederick Chase Capreol, of the City of Toronto in the Pro-; vince of Upper Canada : Witnesseth, that the said Arthur- Jones agrees to transfer unto the said Frederick Chase Capreol, the properly as it now stands free of all debt or mortgages whatsoever containing about five hundred and fifty acres situ- ated on Lake Ontario near the mouth of the River Credit,, oi which the said Arthur Jones is now the owner — upon the fol- lowing conditions: viz : That the said Frederick Chase Capreol pays unto the said Arthur Jones on or before Tuesday the thirteenth day of May one thousand eight hundred and thirty- four, the sum of Fifty pounds Currency, and transfers to him all his right and title in certain property the said Frederick Chase Capreol is entitled to on behalf of his wife Jane French Capreol on the death of her father John French Skyring, being a third of two thousand one hundred and eighty-four pounds, or thereabouts, standing in the Briti^ Funds, in the names of James Lonsdale and William Collard. Either party failing ifl this agreement to pay unto the other the sum of Twenty-five pounds. (Signed,) ARTHUR JONES. FRED. C. CAPREOL. Witness John Francis. 130. )mply date. igned per- aeed- >lieve On the day following the execution of this agreement Mr. Jones requested Mr. Capi|||i to fetch from Mr. Whitney's at the Credit, the Title Deeds of the property, that no time might be lost in the making out, of the conyeyance ; and gave an order for the delivery of them of which the following is a copy. Toronto, lUk May 1834. Mr. Whitney, SIR, You will please to deliver to the bearer Mr. Capreol the Dccdi of my land. Yours truly, (Sign.d,) ARTHUR JONES- 1 1 1 1 r >\! . J! li li i' f' It 12 At the ti'me of the bargaia being made Mr. Jones was very much in want of money and the Commercial Bank were press- ing him to take up a draft of his for £40 st'g. on W. F. Price Esq., Army Agent, Craven Street London, wiiich had been returned protested with this answer — " The VV^ar Office affida- vit for the period of this Otiicer's pension has not yet been re- ceived." — It had been stated to Mr. Capreol by Mr. Jones, that £5U in cash was indispensable for the taking up of this return* ed Bill, and upon the Title Deeds being piocured and the Con- veyances prepared, Mr. Capreol by direction of Mr. Jones paid the £50 stipulated in the agreement, to the Commercial Bank on his account, as the following receipt of Mr. Ross thu Cashier testifies. Received from Frederick Chase Capreol Esquire, the sum of Fifty Pounds Currency for and on account of Lieut. Arthur Jones — having signed dup. receipts. £50. Cur'cy, Toronto the 12th May 1834. (Signed) John Ross, Cashier* On this payment having been made, Mr. Jones executed the Deeds of Conveyance of the Lands in the presence of com- petent witnesses ; and delivered to Mr. Capreol the patents and other Title Deeds. The assignmeiit from Mr. and Mrs. Capreol of the Reversionary Jnlercst in the Stock in the Eng- lish Funds, being an Instrument of greater length, and one requiring to be specially drawn, was not in readiness until the next day, when it v;as executed in the presence of Mr. Price oi Toronto, the respectable Attorney by vviiom it was prepared. It will be observed that the Deeds from Mr. Jones were signed on the 12th May, and the assignment from Mr. and IMrs. Ca- preol on the 13th, which gave occas^nio an important circum- stance, which will be hereafter moTOotied. The consideration money puid — all deeds executed — and possession of the Lands surrendered, it was presumed — and fairly presumed — that the affair was concluded ; but to Mr. Capreol's astonishment, Mr. Jones in about a month afterwards publicly accused him of Irautl ; and at the instigaiion of wicked counsellors, commenced an action against him, for the reco- very of the Lands, which had thus been fairly, openly, and after much bargaining, deliberately sold to him. His first step on hearing of this unjustifiable attack on his probity and honor was to submit his case to the Hon. R. B. Sullivan, then one of the most Ciiainent Counsel at the Upper Canada Bar, whose ©pinion upon it was as follows : — JWiuilgW was very ?re press- F. Price lad been ce affida- been re- >nes, that 8 return* tlie Con- >nes paid iai Bank OSS th« the sum Arthur 1834. >ashieiv :ecutcd ■>f corn- patents d Mrs, 2 Eng. id one itil the IVice pared, signed s. Ca- re um- —and —and Mr. ^irds eked oco. and step onor one lose I 13 Opinion of the Hon. 11. B* Sullivanii jr .: I , . J,. At the request of Mr. Frederick C. Capreol I have ex- amined his title deeds from Lieut. Arthur Jones, for lands in the township of Toronto, 330 acres, in Tosoronto, 270 acres ; and a contract from the Corporation of King's College for 128 acres in the township of Toronto, on which Mr, Capreol states that two payments are made. The deeds are perfectly correct, and there is r.olhing in the manner of procuring them that can invalidate them as fur as I know from Mr Capreol of the circumstances. Mr. Capreol has Mr. Jones' receipt for part of the pur- chase money, and be states tlu't he made an assignment of a reversionary interest in moii^y in the English funds, which Mr. Jones, by an agreement under his hand made before the execution of the title deeds, agreed to accept in payment. I do not know which party, if either, had the advantage 5a the bargain, but on the face of the papers it appears to me a fair and legal transaction. (Signed,) R. B. SULLIVAN. Toronto, June 11, 1834. Mr. Jones died in July or August 1834, but the action commenced being an action of Ejectment was brought accord- ingly to a technicality of the Law in the name of a nominal plaintiff " John Doe on t!ie demise of Arthur Jones." and was not therefore abated by his actual decease : But it gave his reprcf-ontativcs this advnritage — ono on which they chiefly re- lied — that of alleging on ihe trials that Mr. Jones was at the time the bargain was made, and the Deeds executed, incom- peiv;'^: to manage his aflhirs, or to do any legal act, by reason of InsaMity, or a state bordering on Insanity, produced by constant inebriation. A man could scarcely be brought to proclaim himself a iMadman or a Drunkard — neither would friends, who entertained any regard for him, proclaim him such in his liletime — unless he were actually Lunatic — but after his decease, no delicacy restrained the widow and representatives of Mr, Jones I'rom declaring by tlieir counsel, and endeavour- ing to shew through the perjury of his servant, that Mr. Jones was both mad and flnink on and after the 10th May 1834, the day on whieh he sold his Lands to Mr. Capreol. That Mr. Jones from having married unfortunately, and the treatment he afterwards experienced from his wife and her iaiher Lieut. Col. Adamson, had unhappily acquired and given ]4 1 1 i. I himself up to habits of intemperance is true ; and it Is also true that his health was seriouslv affected by the indulgence of these pernicious habits — but that he was either drunk or (n- sane at the time he made the bargain and signed the agiee- ment, or when he afterwards executed the Deeds of Convey- ance — Mr. Capreol most positively denies. On the contrary Mr. Jones's mental faculties, which were above the common or- der, were in a state of active acuteness from the commence- ment to the termination of his intercourse with Mr. Capreol, on this business ; — and in proof of tlie correctness of this asser- tion, Mr. Capreol invites attention to the following affidavits filed in the Court of King's Bench on his application for a new trial, and to circumstances capable of being equally well es- tablished. Mr Capreol arrived at Toronto in November 1833, intend- ing to purchase Tiftnd on which to reside. In the course of the ensuing Spring he became acquainted with Mr. Jones, who offered to sell to him his Lands near the Credit River ; but the purchase being of greater extent than Mr. Capreol con- templated it was declined. Mr. Law, a Land Agent was at this time instructed to sell the whole of Mr. Jones's Lands in Upper Canada, and Mr. Capreol actually recommended them, as an advantageous purchase, to Mr. Alfred Turner, on that Gentleman's arrival from England. In the progress of their intimacy, Mr. Jones acquainted Mr. Capreol with his determi- nation to quit the Province, and to reside on the Continent of Europe : and also with the causes which induced such deter- mination. It then occurred to Mr. Capreol that the Reversion- ary interest to which he was intitled, in right of his wife, at the death of her Father, and which he knew to be as saleable in the money market in England as Government Debentures and Bank stock are in Upper Canada, might be made available in a purchase from Mr. Jones ; and he explained to him his pos- session of such a property, and the facility with which it might be converted into money in London. In this stage of their in- tercourse, the draft of Mr. Jones for £40 Sterling, due in London on the 22nd March 1834, came back to the Commer- cial Bank under protest for non-payment, and amounted with costs and damages to £53 19. Curr'cy. Unable to effect sales for cash, and apprehensive of arrest from the Bank, to whom his intention of leaving the Province was known, Mr. Jones intimated his willingnesss to negotiate a sale of his Lands with Mr. Capreol ; and to take ps a part of the consider- ation an afisigiiment of his Reversionary Interest in the stock in the English Funds. On Saturday the 10th May, as appears by the affidavit of Mr. Bernard, Mr. Jones occupied himself in making the affidavit required by ihc War Office for the pay- MMii 15 mcnt of his pension ; the absence of which, had occasioned the dishonour of the draft beibrementioned, and also in endeavour- ing to negotiate a fresh draft. Whilst so occupied he observes Mr. Capreol, walking in Church Street — stop«» his carriage — gets out and joins him. It was afternoon, and Mr. Capreol's lodgings being near at hand, Mr. Jones aox)mpanied him thitner ; the terms on which a fair exchange of their different properties might be effected, were discussed ; and eventually the bargain set forth in the memorandum of agreement was concluded, and ratified in presence of Mr. Francis, the Landlord of the house, who was requested to witness the signatures. — Mr. Jones continued the whole evening in company with Mr. and Mrs. Capreol ; and as he was suffering considerably from rheumatism, a bed was prepared from him in the house at his own request, to avoid his exposure to the night air. His con- duct was that of an intelligent gentleman, in perfect possession of himself — he took coffee during the evening, and not until he had retired for the night, did he drink either wine or spirits- Mr. Capreol attended him to his bed chamber, and he then said he should like to have a glass of Brandy, and water — a bottle containing less than a pint of Brandy with glasses and water, were brought, — Mr. Jones and Mr. Capreol each took one glass of Brandy and water, and separated for the night— the bottle and glasses were not removed by the servant, and the remainder of the Brandy being missed by Mr. Capreol on going into Mr. Jones's room in the morning, it was jocosely intimated that he had drank it in the course of the night, which was not denied. Mr. Jones was not then drunk, neither had he the appearance of having been drunk, and the circumstance is introduced solely because it was broadly asserted by counsel on the trial, that Mr. Capreol had left brandy in the way of Mr. Jones for the purpose of the better imposing on him. Mr. Fran- cis, the subscribing witness to the agreement, in his affidavit, states, that Mr. Jones was sober and capable of transacting business ; and Mr. Capreol has still in his possession a little map of the ands near the Credit, sketched with a pen on the evening in question by Mr. Jones, with a clearness, accuracy, and skill, altogether incompatible with a state of drunkenness. The lots are delineated, numbered, and the quantity of acres in each set forth — a creek and some smaller streams watering the lands are laid down — the relative position of the lots to the Lake — the Lake Road and the River Credit are described, and the distances from the Credit Village, Toronto, (then call- ed York,) and Niagara, are given. Could a drunken man shew these particulars on paper ? 16 .'ff i *;.'.' IN THE KING'S BENCH. il lohn Doe, on the demised K/i Arthur Jones, I Frederick Chase Capreol.J !'•"■■ '■'-■■ ■*''*w' •'•■'*'*■>''::;■."'• Hiram Goodwin Bernard of the City of Toronto in the County of York merchant, maketh oath, and saith, that he has just returned to this Province from the United States of America, where ho has been, for tlio space of five weeks ; that, on Saturday the tenth day of May hist, he this deponent was employed, by the JiCssor of the Plainllff, Arthur Jones, to drive him about the streets of tlie said City of Toronto, in a carriage belonging to this deponent, to the Bank of Upper Canada, and the ollices of several merchants, in the said City ; the said Arthur Jones, being desirous to sell, a bill of Exchange ; that, this deponent called, fir the said Arthur Jones, about lialf past eleven o'clock, in the forenoon, of the said day, and was in- formed, that the said Arthur Jones, was not out ol his room ; that he was dressing ; — and this deponent further saith, that, about twelve o'clock at noon, of the same day, the said Arthur Jones, came into the carriage of this deponent, and went, with this deponent, to the Bank, and to several Merchants offices, for the purpose of disposing of the said Bill of Exchange ; the said Arthur Jones remaining with this deponent an hour and upwards ; and this deponent further saith, that he drove the said Arthur Jones, to the oifice of the Mayor of the said city, for the purpose of making, the necessary affidavit, preparatory to drawing the said Bill ; that the Mayor came out of tho olhce, to the carriage, to swear the said Arthur Jones ; he the said Arthur Jones, being lame ; that this deponent, conversed with the said Arthur Jones about the said bill ; and that he was then, as far as this deponent, could judge, perfectly sober, and intelligent, and capable of tran^'acting business ; that tho said Arthur Jones, told this deponent, on that occasion, that, this. Country did not agree with him ; and that, he was about to sell his property ; that, he this deponent, offered to pur- chase it ; and enquired as to the situation, and value ; that the said Arthur Jones, told him, that he had bargained with an- other person, for the sale of tho property ; and that, writing^ ■were to be executed that day ; that this deponent, and tno said Arthur Jones, afterwards met with tne above named De- fendant, about half past one o'clock in the afternoon at the <. orner of Church Street, near the Ontario House ; that the said Arthur Jones, pointed the said Defendant out, as the person with whom, he wu9 about to execute tho writings ; and got w r I otit of the carriage, and went with Mr. Capreol ; that when they first met the said Capreol, the said Jones directed this deponent, to stop the carriage — that the said Jones complained of Kheumatism, and walked away, leaning on the arm of the said Capreol ; and this deponent furtlier saith, that during the above time, this deponent, saw no sign^f intoxication, or weak- ness of mind, in the above named Arthur Jones : — but on the contrary, that he seemed to understand his business well, with respect to the said Bill ; and spoke of the sale, of his "property, in a manner quite collected, and sensible. — - - (Signed,) H. G. BERNARD. *^ Sworn at Toronto, in the"^ ,,,.5 '\ jt^W"^ .•«^. County of York, this 29th ,\ day of October 1834, > ' ^ * • '> 't'V ; ' ''^^-^ before mo J. H. Pbicb. a • Vv; .^- -^. - ^y ^a Commissioner &c. in K.B. J ' ^ '^^^t^/f f r Affidavit of Mr. John Francis. I, John Francis, of the City of Toronto, do hereby state, that 1 was a subscribing witness to an agreement between Lt. Arthur Jones and Fred. C. Capreol, relative to the sale of certain lands from the said Jones to the said Capreol, and that the said Jones was at that time as sober as I am now myself, and as capable of transacting business ; and I further state, that I was acquainted with the party about the said Jones, boon after this period, and that I firmly believe it was a con- spiracy to defraud the said Capreol of his rights and to be- nefit themselves. (Signed,) JOHN FRANCIS. February 9th, 183*. !'.'•:" T ■• Hi Sufficient has been shewn, to establish the competency of Mr. Jones, to enter into the agreement — let it now be enquired, whether there exist, any better grounds, for invalidating his signature to the Deeds — Mr. Edmund Law a Land Agent in extensive business in Toronto, whom Mr. Jones had employed to sell his property, prepared them, and was one of the sub- scribing witnesses ; — IJe swears that Mr. Jones was sober, and of sound mind, ?♦ the time of executing of them. Mr. Keating — then Master of the British Coffee House — the other witness, affirms to the same fact^. But a circumstance occur- C T8 *^* red, in respect to the signing, which shews, Mr. Jones to have been not only of sound, but acute mind ; — The £60 had been paid to the t 'mmercial Bank — the Deeds were ready for sig- nature ; — bu\ lie assignment of the Reversionary Interest was not — and Mr. Jones actually refused to execute the Deeds until the assignment from Mr. and Mrs. Capreol was com- plete. Mr Capreol remAistrated, and represented, that he had paid the consideration money, to the Bank, on the faith of the Deeds bcipg signed, and it was only, on his giving, an undertak- ing to produce the assignment, duly executed on the following day, that the objection, was withdrawn and the Deeds were signed. Mr. CapreoVs undertaking to produce assignment. " I hereby agree to give the Warrant of Attorney or assign- ment mentioned, in an agreement, dated the 10th May inst. Co Mr. Artliur Jones, to-morrow— or, to forfeit One Thousand Pounds. (Signed,) FRED. C. CAPREOL. I2th May, 1834. Witness M. Keating. " E. Law. ' ti>-V > V . < i «,, Affidavit of Mr. Edmund Law, .. i r. ..., -.(h T, EDMUND Law, do hereby state, that I was a subscribing witness to certain Deeds, made from Lieut. Arthur Jones, to F. C. Capreol, and, that the said Arthur Jones, was sober then and of as sound a mind, as I am now myself; and also, that I advised, the said Arthur Jones, in the absence of the said Capreol, and previous to the Deeds being signed, to take collateral security, from the said Capreol if he the said Jones, was not satisfied, with the existence, of the Reversionary property, the said Capreol, was to make over, and the said Jone's reply was, that the said Capreol, had acted with honor, towards him, and he had not, the slightest suspicion, of such a thing ; and further, I was well acquainted with the party afterwards about the said Jones, and I verily believe, it was a conspiracy, to defraud the said Capreol, of his rights, to serve their own purposes. ""■ EDMUND LAW. ^ WmfMs, Thomas May. Toronto, 9th February, 1836. ,; ;;; / -'i .i^r i^i!^; ;;l,,i^' 19 It >ncs, lary I said ^nor, :ha larty las a jrve 4> Affidavit of Mr, Michael Keating. I, MiciiABL Kbatino, do hereby state, that I was a sub- scribing witness to certain Deeds fronni Lieut. Arthur Jones to Mr. Fred. C. Capreol, and to the best of my belief, the said Arthur Jones, was sober, and of as sound a mind, as I am now myself, and as capable of transacting business. : I..; MICHAEL KEATING. Witness present, Jon- Armstrong. ;♦ „ ; ^ , , > , ■./, {.., February 9th, 1835. ,.''i> I'i-' .(.. 'f ■,; Such wariness and protection of himself, against the ()0s- sibility of deception, shews the falsehood of the assertions, that Mr. Jones was incompetent to manage his affairs. Reference is however requested, to the following affidavits, and to the voluntary confession, of John Saunders, the servant of Mr. Jones. , V, ', ',■■ 7 . ,••'.'■■' ..:: ;\ ■ . . / : . 1,-'. Affidavit •/ Mr. Wnu Thompson. m I, William Thompson, Shipbuilder, in the City of To- ronto, do hereby state, that I was acquainted with Lieut. Arthur Jones, about the time of Fred. C. Capreol purchasing of him, certain lands near the Credit, and until a few days of his decease, and during that period, I do believe the said Jones, to have been of as sound a mind, and as capable of transact- ing business, as I am now myself, and, that the said Jones, frequently stated to me, that if the reversionary property, the said Capreol had made over to him, was in existence, the said Jones, was satisfied with his bargain ; and I further state, that I was well acquainted, with the party about the said Jones at . that time, and I firmly believe, it was a conspiracy, to defraud the said Capreol, of his rights, having frequent opportunities of judging, being often in their company. ! '.•: WILLIAM Thompson! .i-V Toronto, 9th February, 1835. '^- jifidavii of Mr. Mov9t P'My. I, Moras Polly, do hereby staiep that Lieut Arthur Jones, was stopping at my house at two diflerent periods, of nearly a week each, after the- time, as I understood, he had sold his lands, to Mr. Capreol, and that I verily believe him to have been at that time, of as sound a mind, as I am now my- self, and as capable of transacting business ; and I also state, that I have been personally acquainted, with the said Arthur Jonos for two years, and that I never knew him, to be other- wise than correct, in his understanding, having trusted him to make out Deeds, which proved to be perfectly valid ; and fur- ther I believe, that the party with Mr. Jones at these periods, were conspijring against the said Capreol, to deprive him of his rights. MOSES POLLY. Witness, Thos. TaorrvB. __ _,,;^t February 8th, 1635. ,v- . ;. vt Affidavit of Mr. Stephen Whitney, Stepiieu Witney, of the Township of Toronto, in the Home District, Yeoman maketh oath and saith, that the late Arthur Jones, was a Boarder, in his house, upwards of three mmiths, from some time in the month of October 1833, to J^uary following — during that period, he conducted himself, with great propriety, drank very little, and spent his time, principally in reading — deponent, had frequent conversation with him, about his situation, and property. Jones told this deponent, that he had made a will, in favour of his wife, leaving her his property — that he had been persuaded to do so, and was much in liquor when he did it — that he was in bed, and very ill, and they held him up, when he signed the will — ^he was at the time not expected to live — his wife was informed of his state, and requested to come, and see him, by Mrs. Carey — she ^his wife) replied she would not come near enough, to touch htm with a pair of Tonss, as Mrs Carey told this deponent — Jones said, ne did not mtend his wife should have his property, as she would not live with him — he intended to dispose of it, the first opportunity; — ^he would sell it, if he did not get more than half a dollar an acre, as he was determined to Itave the country, and go to France, where he would spend the remainder of his days — that he had been treated very ill, by his father in Law — he went there at one time, to expostu- late with liim, but was not allowed to enter his gate — that a 1 } '^ 21 ^# I' warrant was actually issued by Col. Adamson, and he waa arrested, and paid five shillings costs— depon'^nt verily believes, that during tlw time Jones boarded at his house, ho never saw his wife or hod any communication with her, and after he left deponent's house, he went to Toronto, where, ho spent most of his time, until iic sold his property — thot about tne time he sold his farm (thinks early in Mav) Mr. Capreol, came to de- ponent's house with a note from Mr* Jones* requesting deponent, to eivc to the bearer, his title deeds, which were at the house of tlie deponent — deponent is very sure, Jones had no intercourse with his wife, as he went once to see her, while Col. Adamson was from home at Toronto ; she refused to see him, and called to Mr. Mitchell, to turn the dt'tmken vagabond, out of doors, as Jones told this deponent, when he returned. He appeared much troubled in mind, and shed tears — de- ponent was not surprised, when he heard Jones had sold his farm, us he always said he would do so at any -.ate ; he com- plained much, of ill treatment, by Col. Adamson, and said, his wife told him, she was compelled by her father, to leave him, as if she continued with him, and should come to want, she should be cut off without a sWilling. (Signed,) STEPHEN WHITNEY. > .• ?. Sworn before me at the*) Township of Torotto, j the 8th day of July, > 1835. W. Thompson, J. P.J IS m the was »,by inear told lould The Confession of John Saunders, i'especting the late trial be- tween the Widow of the late Lieut. Arthur Jones, and Fred'k Chase Capreol, In the first place, I feel perfectly astonished, that the Oath, that I (John Saunders) took, was administered to me at all, for I was Drunk, & nothing better, and the Lord Chief Justice told me twice, not to be so flippant. I have Often heard poor Arthur Jones, My late Master, say, that he was very partial to Mr. Capreol, and woulc have been I know, had it not have been, for the late Mr King, Mr Robert Turner, & little Thompson the Painter. Mr Robt Turner & Mr King, poor fellows were Vile enough to Dam the Holy Bible from the beginning to the end of that Holy work ; again Mr Turner had Spoken to a Mr Cooper (now residing at Salt fleet near ilamilton) to by the late Arthur Jooes's property ; and he 22 i'.t 1i I i 5 Mr C came with that intention ; but Mr C was then too lute, for Mr Capreol had bought the property, & poor Arthur Jones told me, several times, that he had received £50 Os Od from Mr Capreol, &, he Arthur Jones, considered himself very for- tunate, in getting it, for he expected to be sund or arrested, as I used to call it in England, &. the Chief Justice & Jury Men also must have been misunderstood me, about the £50 Os Od altogether, the very morning that poor Arthur Jones gave the Deeds, into Mr Caprcol's possession, before, & in the presence of Mr Law and Mr Keating, Jones was perfectly Sober, for the Day previous, he had only drank, three glasses of weak Sherry Wme & Water, & on the the morning the agreement* was read, before the above named witnesses, ho had only received, one weak Glass of Sherry wine & water, for I was Servant to him myself : but during the reading of the agreement, poor liobcrt Turner of the Ship Tavern, where the late Arthur Jones lod|red, (& myself likewise) Kept urg- ing, & almost goading, as it were, poor me the Slave of a vile aet of miscreants, to go up Stairs, and annoy My late master, 6l the other Gentlemen, during the reading of the agreement; I went up into the Room three or four different times ; the first time I went up, he poor Arthur Jones, ordered me out of the Room Sharp ; I went down Stairs, & poor Turner made me go up the^ second time, &. my Master ordered me out again, I went down Stairs & up again, in consequence of Turners abuse to me, & then Mr Capreol told me to go out, or he woald put or kick me out ; in the afternoon the Captain, that is Arthur Jones, told me that he was perfectly satisfied ; but in the evening of the same Day Mess's Thorn pson. King & Turner the vile Trio made poor Jones Drunk & almost crazy, telling him that he had fool'd his (A J) property away — on the day the trial came on, I met poor little Thompson, the Painter, in King Street, when he very politely invited me to his House, I went there, & he poor Thompson, gave me some Beer, & I shall ever believe, there was some Hellish Stuff into it, for it quite drove all fear V •'. I Copy of a Letter from Mr, Arthur Jones, to E, Law Esq, '/»! if; , V .1, Sir, Toronto, River Creditt .. , J , 12th July, 1033. T'l 1 ' »■■;.'"■ "''• ' ' ' . ■ ! I should be obliged by your pushing as mnch as in yotir power, the Toronto Lands, which I left with you for sale. A Gentleman called here a few days since, saying he was referred to me ; but I replied, I had left the business in your hands, and therefore declined to treat. He did not say his name. However I you beg will for a speedy sale, charge! double agency ; viz : if sold within a month. I am Sir, v> - ^^ :. ■^< • . ' t Yours, very obediently, (Signed,) .J . ARTHUR JONES. LAW, CiSQ. fj^- ? 1,. i .'>-r.r.t ' v>ir'''i ,''r-j, i;j-jf.; oV^ York. Jj, ■■-'W. ■' V tk. i\ »' p 34 The following incident shews the character of the prime mover in the opposition to Mr. Capreol, and his just rights : a similar transaction in England would cause a man, to be excluded from society, and his Attorney's name to be struck off the Rolls. By the verdict on the first trial, Mr. Capreol had been driven out of possession ; and before he was allowed to pro- ceed in an action for the recovery of his property, the costs which, followed the verdict, were required, to be paid by him, to the Plaintiff in that suit These costs, the Hon. W. H. Draper Solicitor General and Attorney to Jones's administra- trix — by his aiBdavit filed in Court, stated to amount to £44. 12. 3. and that they had been paid. On examination of the costs, it was discovered, that the sum of £13. 10. alleged to have been paid to witnesses in the cause, and included in the amount sworn to by Mr. Draper, had not been paid ; and in the sequel, four days' attendance refused by Mr. Whitney, and six days by Mr. Ne?>ve, at $1 per day, making £2 10, were returned to Mr. Capreol. Letter of F. C. Capreol to the Hon. Lt. Col, Adamson. b Walnut Place, Toronto, the lOth June, 183C. Sir, You are aware that I was kept out of legal possession of of the property which has been so unjustly wrested from me, because I had not paid the costs of a former suit, which Mr. Draper swore he had actually paid. I ascertained that no such costs had been paid, and that Stephen Whitney, one of the witnesses, only demanded eight days ; whereas it was sworn that twelve were paid him. I of course accused Mr. Draper of having sworn what was false, and he, to acquit him- self of so grave a charge, has produced a copy of your letter dated the 2 '■ M V - ^IthJuly, 1837. Sir; I have taken the liberty of addressing you, thinking per- haps you can call to mind the circumstance of £l. 10, or six dollars stated to have been paid to you by Col. Adamson for expenses and attendance as a witness in an action " Jones against Oaprcol," at Toronto, in October 1834, which has been exacted from me as received hy you in Ju'/ 1835, and whether you ever made an ofler of £1000 for the property I purchased of Jones, (which I am now in possession of and my ikmilv rcsidmi; ihereon.) 11' neither of these facts be true, would you so far oblige me by writing me to that eircct. I think i understood you to say you never would receive it. 1 have been compelled to pay it. Waiting your reply, I have the honor to be, Sir, your most ob't scrv't, (Signed) FRED. C. CAPREOL. To EuuAR Neave, Esq. ) Malincs. \ Letter from Edgar NcavCj Ssq. to F. C, Capreol. Ma LINKS. Anrrusf. IMh. 18.^7. Sir, Malines, August llth, 1837. I can perfectly well recall to my recollection your having met me in one of the streets of Toronto, during my last visit to that city, in the summer of the preceding year, (188fi,) and your asking me, if I had ever received any indemnification for my attendance as a witness in the action " Jones versus Capreol." 1 then gave as answer what I now repeat to you, viz. that in actual cash I certainly have not ever received any- thing as a witness, but Col. Adamson (who has purchased land from mc) stated to me, that he had added the money you men- tion to the balance remaining due to me by him. My reply was when he mentioned the subject, that I could never accept the six dollars, (or whatever sum might have been allowed,) nor will I ever, so that, on this head, the claim against you is perfectly unjust, and if you have paid any money on this ac- count, you are entitled to recovery. As for the proposition of i purchasing Mrs. Jones' property for £1000, or for any other sum, such a one was never made by me. You have now an answer to the two questions addressed me, and as it is not my intention to enter in any way into the dispute between Col. Adamson, Mrs. Jones and yourself, I shall decline answering to any further ones. I forward an exact copy of yours to me and of this to you, to a friend in Upper Canada, that in case publicity be deemed necessary, my communication may be found, as well in the hands of others as of the parties interest- ed. ", - ■ I remain. Sir, 1, , i, . ; ■ t/y?; Your ob't servant, (Signed) EDGAR NEAVE^ To F. C. Capreol, Esq. , V -;; Salopian Coffee House, London. ., r, 'M )/. J7. Let it be observed in conclusion, that Mr. Mitchell, under the advice of his Counsel, now holds the Estate, by Deed of Conveyance from Mr. Capreol. What more unequivocal ad- mission can there be, of the validity of Mr. Capreol's Title ? and if his Title were valid, then has the opposition to it, been unjust and oppressive. It is by conduct such as has been ex- hibited in this case, that men in high station, lower themselves in the estimation of the Public, and detract from the respect, which it is desirable that their rank should command. vmg [visit and for trsus you, my- lland len- 'Ply lept (cd,) W is ac- kn of ERRATA. Page 5, lOlh line from the top, /or "and with the same result." read " and consequently with the same result." Page 23, Date of John Saunders Confession, for " October 1838," read " October 1836."