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I I Coloured pages/ Pages de couleur Pages damaged/ Pages endommagies Pages restored and/oi Pages restaur«es et/ou pellicul«es Pagea discoloured, stained or foxei Pages d (meaning "CON- TINUED"), or d that he was hired by Robertson, the last witness lotake a load, consisting of bales of goods, from Laprairie to Missis 't'''t^<^'lZ^TLt^\^<^^i'^^^^ road leading through T r ?f rhththeTam.Xdy did, and reached the road on the bank of *e wt'nthee'^roruvo'nlles and a half aWe St John'., andonemde iSrjf below .he Red Ik^^^^^^^ 3if ;;.s that the r'^ol thrj:4u SdS w« beler than that by St. Joh„.„ andllmt he did not believe that Robertson had any intention of conveying the goods over the Lines. « ■ „ »^t,tv.mf.>l nn the Dart of the Crown, he said that the dis- Being cross exanimed on the pa^ ^^^^ ^^^^ .^ ^^^ ^^^^^ So^rto'^Thrdlnt and that it took them Three hmnsto^go from Laprairie to the half-way-house where they turned off tha he was directed ti leave the goods at Mr. Les er's Store at M.s- ^sQuiBav that Mr. Lester's Store was about four m.ks from the hues, and that ^ was very easy to take goods from M.ssisqut Bay over the hnes, when people dared go over. Timnthu Wheeler was also hired by RoV.ertson. and left Laprairie before Part- ' JTd wS for him at the half-way-house. The rest of his evidence m *r'4' 1 ^n Mibstance the same as Partlbw's. On his cross examination, he said tltfltTas n^fusua^^^^^^^^^^ who employed him to cart goods to explam their Intentions respecting them, partkularlt, ij they had any evtl tntenUons. David Nutt deposed to the same effect, and added that they stopped twice be. t^een he half-way house and the Red house, but remained in the road, and did , l^t go iito any house j and that the American hne joins Missisqm Bay. Fdward Cooper iniiehtifiedvtii^ goods as being'" thte plaintiS-s property, and .rovedtheir vtlue. and stated that he was in the habit of ear-ring goods from ^rTnr4e ohis store at Missisqui Bay for retad sale, without any molestation or SSty? On his cross-examination, however, he statedthat he always took oraimcuiiy. Laprairie and from thence through the Port of 3t. rL 1?"^ hc^^afw y's got per^mits from the Custom-House Officer, (the defen- danO to au" i'orize Sto^ak^e out his goods, particularly flannels and woollen. ; that he did not know a road which came out on the river Richeheu about thre. miles above St. John's ; that the common road led through St. John's. On his reexamination, be said he knew Andrew Barns and David N. OgdCT. ^ho"arried on trade at Missisqui Bay. and who he believed, obtained aU or the chief part of their goods from the p. intift. It is to be observed that neither Eager, to whom the goods were stated to be comi-ned, nor Lester to whose store they were to be conveyed, nor Barns nor Ogdeii, were called on the part of the plaintiff. In .support of the intervention on the part of the Crown, the following evidence was adduced : CMsfophcr At en, Seneant in the Dc Mcuron Regiment, stated that on the SUlii of December. 1814; being quartered at St. John"., he was ordered to take* detachment of men to the Red house, about two leagues above the port of St. John' Tntoruiation having been given that ten slc.ghs laden with contraband :^odswe"e on their way from this Province to the United States, and to seize and brinir them to St. John's ; that he went accordingly with a Corporal and six men , th"t towards ten o'clock in the evening.he saw a number of sleighs approaching.U- icn with bales of flannel and cloth; that upon going out, he heard one of the drivers ^v!!inim.. God damn it.|therc is a guard here I" that on his stopping the sle.ghs, whichwere to the number ot 23 with about 3U men, a geutieimui m a iignt sieign came up very quick, and .aid that he had a good pass, to which the witness rj|. * plied tli:it the sloiglis must stop, thnt the gentleman could return with tlic witness to St. John'-, and tluit, if'liis puss wire ii gooil ono, lie miglit ])rocced ; that live or six stout men fiijipnrently Americans') then suid to the g'>iitlemnn " Damn it we •' are not afraid ofiive or six men, they cannot stop us" ; tliat tl;*- witness then ordered his men to load and fix bayonets, and obliged the drivers, (some of whom had run away, but iiftL'rwurds roturiicd) to take the sleighs baol^ to St. John's, where the bales were dc])03itod .viLh tlic defendant Mr. Lindsay. Theohohl Schrievcr, corpovi)! in the De IHFcuron, deposed lo llic same effect as the lasl witiuss, and stated tuitiicr, llsnt tho ('(Mili^snau r.liiiJed to in tlie last deposition, nisiied (he Koldit>rs to urhik witti iiini, and v, as very significantly rattling money in ids pockel uhilc in couvc-atioii with the Serjeant. Joseph CoUiath stated t'lat lie was a prisoner of war at (» recn Busli, in the State of New- York, in December, 181-1; tliat lie lje|i\ij;ed to be allowed a blanket, and heard the American soldiers also asking- lor blankets ; that he Avas not able to procure one, but tiiat he al'terwaids heard some Aiiievl- can oflicers say that they liad no i)iankeLs fur their own men, but that they expected some from the North, \\ iii'-li liiC wilae-^ understood to mean irom this Province ; that he ai'terwards made his escape and gave information of tills com ersation. Samuel Gehton was called by the Plaintiff lo speak to the value of t'ae goods. On his cross examination he said thai he !\e])t a wholesale and retail atore at Missisqui Bay ; that he had no knov,lcd.';e Ihitllie Fhiinliir had ^a Store at that time, (December, 181 J); tiiat vroolh^us '.o any amoun! oi.uld 'liavp been -^^1'-^ thl: pt'lO'.'! bales; thai they Vvouid have been undoubtedly sold to t;,() to the United Stales llieii'iit urir^vTlif "Orcaf^" Britain ; tiiat in taking out goods for Mi«>^isqui Bay, iu; always proece led by the direct road to llie port of St. John's, and wi.en neces-ary, from the nature of the goods, oblaiuetl a permit from t!ie defcnda.nt ; that tliere was a demand for woollens iu the United Stales, and that woollens broug-ht a greater profit there than here ; that IIk> distance from Misi-(pn liay to the States is one nulc and a half, and lliat MitoUens, once at Aiissisqi;i Bay, could in a short time and with great case be taken into the Stales. The Court of King's Bench, after hearing tiie ]>arlies, gave judgment on the 20th June, 1817, in favour of lU(> r!aintiil'>; aclicin, but williout costs, there being pndiable ground for seizure, and disniissetl the iuierven tion ; to reverse which judgtacnl, the present aj)peal !«as been brought oi tlie part of the Crow n. Quebec, 11 lU November, 1818. on ^ft r \j k \ v' ■x- ivith tlic witness 'cd ; that five or 1 " Damn it we tliu witiu'ss tlien (some of whom k to St. John's, 1 lo llic same sail iiiiiuled to , citid V, as vci'v Lilioii u itii the Ireen Bush, in bo allowed a ikets ; that lie «o:ue Ameri- , but that tiiey to uiciia iroin e int'oniiatiou B value of I'ae I lie and retail Fluiiiliil" bad aiuouit! could y wouiu luivc i-*vTllf"OrcIir^" lys proceeded arv, Iroin the ;il there was a ■us bro!i;^-!)t a li Hay to the liissisqia Bay, es. ivc iudi>iiicnt bill without t!ie iuierven- i brought on //