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Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est film6 d partir de Tangle sup6rieur gauche, de gauche 6 droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 *^ i l)!>>'i IIKT OK AU'l'llABASKA. ) ! I'ROVINCE OF QUEBKO I REPORT nf 'IIIE PROCEEDINGS AND EVIDENCE AT THE TRIAL OF ELZEAR GUILLEMETTE, FOR MURDER, AT THE TER^r OF TTFE COITRT OF QUEEN'S RENOTT (CiRTMTNAL SIDE), UKl.l) I'OR THE SAID DISTRICT IN KERRirARV. 18;(). OTTAWA : PWNTED BY I. B. TAYLOR, 29, 31, AND 33, RTDEAU STREET. 1870. • - ^ \:, It m, ■I w r CI li . '^ I DISTRICT OF ARTHABASKA, \ PROVINCE OF QUEBEC. j REPORT 07 TUB PROCEEDINGS AND EVIDENCE AT THE TRIAL OF ELZEAR GUILLEMETTE, FOB MURDER, AT THE TERM OF THE COURT OF QUEEN'S BENCH (CRIMINAL SIDE), HELD FOR THE SAID DISTRICT IN FEBRUARY, 1870. OTTAWA : PRINTED BY I. B. TAYLOR, 29, 31, AND 33, RlDEiU STREET. 1870. MWili^d^— MMIW^IdteWMMMfctJMlaJlMif hi ilfclii I i^ltl^ Ii« j i 70 Ih^^S^ Three Rivers, April, 1870. Sib, — I have the honor to acknowledge tho receipt ot the latter of Mr. Under Secre- tary of State, dated 24th ultimo, accompanied by a petition of the Rev. J. Bonenfant and other priests and inhabitants of tho District of Montmagny, praying for tho commutation of the sentence of death pronounced against Elzcar Ouillemctte at the last Criminal Assizes of the District of Arthabaska, and requesting me, by direction of the Governor General, to furnish such observations as I should consider useful for the information of His Excellency. In order to enable His Excellency to judge on the merits of the case, I transmit copies of the indictment, of all the evidence given during tho trial, as well as of the Coroner's inquest, of a deposition taken by him as such, of depositions also taken by him as a Justice of the Peace, and of a letter read to tho Juries, and referred to in tho evidence, as well as of the sentence pronounced against Guillemette. The principal depositions, in the absence of which there would have heen no proof in support of the indictment, are those of Onteime Richard, of Marie Le Blanc, wife of Prosp6re Beauchene, and of Philippe Blais. On reading those depositions, I admit that enough is shewn therein to justify the verdict of guilty ; but after having seen and heard the depositions of those witnesses, as I have had tho opportunity of so doing, I must declare that they have not inspired me with any confidence in their voracity. On^sime Richard had all the appearance of a person bordering on idiotcy ; his gestures, his looks, his m' nner of expressing himself, his hesitations, indicated in him a mind, if not somewhat diseased, at least nearly so. There were with him pauses frequent enough and pretty long, which appeared to mo as betokening a want of memory and a mind very little sure of what he was to say. I have several times tried to make him shorten them, but without always succeeding. Marie Le Blanc, wife of Prosper Beauchene, has, on the contrary, shewn much intelligence. There were also with her, however, pauses and stops frequent and very long, without being able to prevail upon her to make thtm shorter, in spite of my attempts to that effect. Timidity did not appear to me to bo the cause of those frec^uent and very long pauses and stops : she had already given a deposition before a Justice of the Peace, and had even been heard as a witness before the Court of Queen's Bjnch at the Assizes of February, 18G9 ; her voice was firm, her look bold, expressing herself very fluently when she wanted to speak, and tho solemnities of justice did not appear to cause her any trouble.' Was she so little sure of what she had to say that she was afraid to forget, to contradict herself, or to be contradicted] Had she told before the Justice of the Peace a story, which she was afraid not to be able to repeat correctly 1 Finally, why those pauses and stops which she could not be prevailed upon to shorten 1 Hero, again, I must declare that this young woman has not inspired me with any confidence in her veracity. Philippe Blais was nine years of age when tho facts, which he pretends to relate, I happonocl. Ko tkipoaas that tlio day before tho fire, Ciuilloinotto tokl his wife " one of us shall jjorish tliis nlglit; oiio of uh shall take to tho woods thU night." Such expressions, if used by Giiillouiottu, arc of a nature to commit hiunelf ; but, on roadiug tho dopositioii of I'iorro Ccleatin lilais, one remains uncertain wliethor Guillcmetto has so expressed himself. This last witness was thirteen years old, (four years more than his brother Philippe Blais) and present when Philippe pretunds that (JuiUcmottrt made uso of the above expressions. Ho proves first the same thing as Philippe, or thereabout ; but, at tho end of his examination, on being cross-questioned, and when re-examinoil, he admits having reported the matter to Barbiu, as follows : — " If things continue that way," (speaking o waslii'g) "wo must take to the woods;" and ho adils (hat, when he apoko to Barbin, he had a bo^■^(".• iocollection of things than when ho deposes in Court, and that what he has repeated to him was what (Juillemotto had said. This is confirmed by Barbin, a witness heard on the defence. Tlieso latter exi)ressions aro not in any way of a nature to commit Guillumetto. It was saying in other terms, " If this wasting continue we shall bo thrown into the high-way," that is to say, " obliged to bog." It is clear that tlie two children disagree ; which has the better understood it is impossible to say. Besides, their memory fails them ; they themselves admit that they do not always recollect, nor do recollect so well to-day as they did about the time of the fire and inquest ; moreover, according to the depositions of Barbin ind Aurelie St. Cyr, they would have been schooled by their mother. I thought it proper to lay aside these two depositions, in so far at least as to what Guillemette had said to his wife. Having no confidence in the depositions of Onesirae llichard, Marie Le Blanc, Spouse de Prosper Beauch6ne, and Philippe Blais, I have thought it my duty so to declare it in my charge to the Petit Juries, and to tell them, as I did, that I did not think th« evidence sufficient to return a verdict of Guilty. If, therefore, the juries had shared my opinion, they would not have found Guillemette guilty, and he would now be at liberty. The deposition of Narcisse Le Blanc can be of no value, except inasmuch as the depositions of On^sime Richard, Marie Le Blanc, and Philippe Blais are admitted as true, as he deposes on things happened in most part about fifteen days after the fire and the death of Guillemette's wife. I think it therefore my duty, under the circumstances, humbly to submit to His Excellency, as my opinion, that Elzear Guillemette ought not to suffer the pain of death. As the judges are authorized by the Act of the Legislature of Canada 32 and 33 Vict., ch. 20, sect. 107, to adjourn the execution of a sentence of death, I request that you will be pleased to inform me of His Excellency's decision on this matter, so soon a> it may be in your power to do so. I have the honor to be. Sir, Your most obedient servant, • n (Signed) A. POLBTTK, J.OS. hix i Provikoe op QuEnEC, ) DlSTKICT or AUTHAHASKA. J [translation.] COURT OF QUEEN'S BENCH. Criminal Term. The Queek v.$. Elzear Guillemetti. INDICTMENT FOR MURDER. February 21st, 1870. A Jury composed of 12 persons, G speaking tlio French lanj^uage and G speaking th» English hmguago, was sworn in. The indictment was read. Mr. Hamilton addi-essed tlie Jury in English on behalf of the Crown , Mr. Feltoa addrossoJ the jury in Frencli on behalf of the Crown. Evidence for the Prosecution. 1. Urgel Medric Poiison, Physician and Coroner for the district of Arthaboska. I am Coroner for this district : I held an inquest on the dead body of the prisoner's wife. ^Vhat I am now shown is tluM'cport of tlio iiupiest and the verdict of the jury (It is proposed to have the report of the iufpiest read to the juiy. Objected to by Mr. O'Farrell. O'.ijection disinisst-d and report read to the jury). Tlie prisoner was examined before the jury. His sij;uature is at the foot of the depositicn and mine also. (The deposition of the prisoner is then read to tlie jury). I found the body of tin; wifo. of the prisoner ou tlie south-west side of the liouse, and in the front part of the house within. (Witness shows a i)]an which lie has just made showing the positions of the bodies, the stove, and the door). I also mark the position of the bed which 1 had seen sometime before. The house was about 18 x 20, built of logs. Wlien I saw it at the inquest only aslies remody of the woman was 5 or G feet from the front of th" house inside, between ihn (^oor aii'l tlie window, at about one-third of the length of the south-west gable of the liouse, 5 or G feet from it. The youngest of the children was in the south-west corner about 10 feet from its mother, and the eldest was about 2 feet from its mother, between her body and the stove, on the north-aide of the mother. I also saw the body of a dog pretty thoi'oughly burnt, as were the bodies of the mother and Ci'^ildren. It lay between tlio mother and youngest chikl. I examined the botly of the woman and wuh able to dJHcovor the sex, and tliat it was a womtin. It rained on that day. The inquest was held at the house of David Guillemette, brother of the prisoner. I do not think tlio body of the woman was at the place at which the bod had been. The door of the house was on the south side. I know that there were three windows, one to the north, one to the noith-oiist, and the other to the south. I do not know whether there was a window on the south-west side. Cross-examined (the witness explains the plan to the jury) : The smoke acting on the lungs produces ojipiesHiou and at last suffocation. It also acts on the brain. When the lungs are so acted upon by the smoke the brain is also affected by it, and disorder of the brain produced ; suioko when it is thick pi-oduces insensibility. It is so long since I studied these matters that I am not prepared to give an opinion. When a body is burnt there is a tendency to cmck and to pai*t asunder. I was examined at the coroner's inquest. The ]>osition of the bodies did not cause me to suspect that a crime had been committed. Re-examined. — I have not practised much as a physician for a num])er of years. I am not prepared to give an opinion on what is asked of me. 3. James Goodhue, Esq. ; I am a merchant in the village of St. Christophe (he is shown the report of the coroner's inquest). I recognize my signature at the end of that report. I was foreman of the jury. I know the prisoner. I saw him at the inquest. During the time the jury were occupied in a room, the prisoner was in an adjoining room. He was concealed from the jury at the time. We frequently heard him lamenting, crying as if he was deeply affected. When his name was called by the jury, he came foi'ward and answered his name. He gave his evidence before the jury. He seemed to labour under some excitement at the time. He trembled a good deal. Cross-examined : From what I saw I formed no opinion as to the prisoner's innocence or guilt. Court adjourned until next day at 9.30 a.m. " . ': 9.30 a.m. Proceedings continued. February 22nd, 1870. 4. Charles James Powell : I know the prisoner. I am Deputy-Sheriff of the district of Arthabaska. I know the prisoner's house. I live about 2i arpents from it. I was living there in Sept. 1868. I was thoroughly acquainted with the house. I prepoi'ed the plan which is now shewn me, and to the best of my knowledge it is correct. It was a log house, about 18 X 20 or 20 feet square. I well remember the night on which the prisoner's house was burnt. About 10 or 10.30 p.m. of the night on which'the house was destroyed, I went out. The night was veiy dark, and the weather calm. I then went to be?^. I waa aroused at about 3 or 3.30 a.m., by distant cries which I heard. I got up and observed a brilliant light, and drawmg aside the curtain of my window, I saw the prisoner's house in flames. T Hr^ssed with all haste, and started to render assistance. The wife of Celestin Blais knocked at my door and told us that the wife and children of the prisoner were in the burning house. I went at once to render aid. Arrived at the house, I approached tlie door which was open, and saw the inside of the house all blazing like a furnace. The stove which was visible was red hot, and the pieces of it put out of shape by the heat. Only flames could be seen inside the house, and no smoke. I saw two windows which appeared to be open, one on the same side as the door, and the other facing the road. The door was wide open. The windows I believe, opened from within. The heat of the fire prevented me from going near, and I could not observe whether the windows had been forced in. I went there with my Isrother. I observed the prisoner about 40 feet from the house motionless, and leaning against the garden fence. I do not think more than 10 minutes elapsed fhbm the time I heard the alarm, before I reached the I i! ■pot. It was raining at the time. I cannot tell when the rain begun, but the ground wat saturated with moisture. Thera was no wind. The prisoner cried out from time to time, " Look for my wif«, look for my children." He was dressed in his trous«r», socks, and flannel shirt. When I reached the house it was impossible to get into it. It was like a blazing furnace. The prisoner did not come to wake me at that time to give the alarm. That night my dog ran barking towards prisoner's house, he was barking violently, it was that that made nie go out about 10 or 10.30 p.m. On that night the prisoner's dog was outside his house. The prisoner had sold me the land and house. He occupied the house and was to deliver it up on the 30ti. September. He had dslivered up the land. (Witness read.s the deed executed in his favor by the prisoner.) I paid the prisoners as follows : $50 in cash, and the rest in notes. I had paid soma of these notes. Only one note remained due, payable in July next. I knew the prisoner's wife, I knew he had two children, Vmt I only recollect the eldest. The prisoner and his wife quarrelled a good deal. I have often heard them abusing each other. There was a sort of cellar, about 3 feet in depth. I cannot say whether the floor of the house was burnt when I arrived. I went home and went to bed. In the morning I went to the place and saw what appeared to be the dead bodie.s of th*^ persons burnt inside the house. Cross-examined : X heard the prisoner's wife's voice most frequently when they quarrelled. The prisoner is a good-natured man (bon gai'(;on). The wife's temper was not BO good as the prisoner's. My own impression is that the wife got up the rows ; but I was not in the habit of visiting the house. I always thought that the prisoner bore his wife's bad temper with much patience. The youngest of the children was like hia father, the prisoner, and there was a great likeness between them. One or two of the notes, which I had given as the price of the land, were presented to me before the burning of the house, and I paid them. I have since paid a note of $100 to one of the prisoner's counsel, and the prisoner's father has given me a guarantee on his land that I should not be troubled in respect of that note which has neither been delivered or presented to me ; but which, as I have just said, I have paid. The house was built of logs, partly squared, and principally of cedar. Cedar burns well when it is dry. What composed the house was dry ; but it must have been drier on the inside than the outside, for it was raining on that night. When I heard the barking of the dog, I thought there was a row in the prisoner's house. Since prisoner and his wife were at Wotton they disagreed more than ever. When I heard the barking of the dogs I went out into the middle of the road and listened attentively four or live minutes, to ascertain whether there was any disturbance in prisoner's house ; but I heard nothing but the l)arking of the doijs. I went home, and to bed. I still heard the dogs barking, but did not go out. It sometimes ha])pens that dogs bark all night without any apparent cause. When I went out about 10 or 10.30 p.m., I went into tha middle of the road. This did not bring me sensibly nearer to prisoner's house, but I was able to hear better. I was about 2^ arpent* from the prisoner*! house. 5. Celestin Blais, of St. Cliristophe : I am a farmer. I know the prisoner; I also knew his wife and children. I know the house well (he is shewn a plan ; he shews how the interior was arranged, and the jiosition of the beds.) The stove was nearly in the middle of the iiousc. There was a window in each wall. The house was about 18 feet by 20 feet, of cedai" logs, squared on two fiiocs. The windows were 3 or 4 panes in height, and 4 in breadth ; I did not measure them. There was no partition in the house. During the night of the 24th and 2r)th Sopten)ber, 18G8, the house in question belonging to prisoner was burned. I nm the second neighbour from the prisoner, whose brother, David Guilleniette, resides between him and me. I resided about 3| or 3|^ arpents from piisoner's liouse. It rained that night. I generally go to bed between 7 and 8 o'clock. On the night of the fire, when 1 went to bed, a lino rain was falling ; it had rained I woke about 2 or 2.30 a.m., and it was raining at that time. I cries which I heard. These cries resembled those of a person in distress. I woke up before my wife, and saw a bright light through the window. It was the house of the prisoner which was on fire. I dressed myself in haste, and I for 4 or 5 days was aroused by r went as quickly as possible to jirinoner's house. On arriving there I saw the prisoner alone : he was lying on I'^p groiiufl, and appeared in great distress about his little children. I told him to get up, that he might kill himself as the ground was wet. I asked him where v.as his wife? and in roply, he said " Save my wife !" My wife asked prisoner where his wife was, and he told her that she was in the fire, and was burnt. I was tlie first who arrived at the fire, and the fire was then so strong that the house was about to fall in. Almost immediately after the roof fell in. The fire was inside the house. I cannot say whether the fire began on the inside or outside of tlici house, fir when I ai'rived the house was enveloped in flames, and it was impossible to ascertain whether the fire had begun inside or outside. I live near to the road. I was woke by the cries of the prisoner. I first heard one cry, and seven or ei;,'ht miiuites after I heard more shouting. It was then that I got got up and went to the jiri.sonor'j. house. He was still shouting, and it was the same voice that 1 heard the first time. When I arrived, the window near the door, and in the same wall, was open. The door was wide open. I do not think there were any hinges to tlio window. I think the windows were held in their jilaces by nails. I did not get near enough, on account of the heat of the fire, to observe whether the glass had Iteen broken. I know the position of the beds. I saw the dead body of prisoner's wife near the place where a bod had been ; near enough to have slii)ped off the bed. I had seen them sleep before in a bed in another part of the hou.se. The body might have been from 10 to 11 feet from the bed in which they were in the habit of sleej)ing. The bed near w-hich I saw the body was nearer the outside door than the other bed. I used often to see ])risoner before the fire. During that summer prisoner used to wear trousers of country linen when at his work, a shii-t of grey country stull", and bcof mocassins (bottes sauvages.) When I saw him on the night of the fire he had on gaiter boots, hi-i Sunday boots. Generally sjicaking the prisoner wore, on Sunday, trowsers of country cloth dyed black, and coat of the same material, and a waistcoat of grey cloth. On Sundays, when the weather was fine, he wore a coat (surtout) of cloth, such as is bought in town shops. I saw him at the burial of his wife ; he then wore trowsers o( country cloth, and an overcoat of pilot cloth. I had seen the prisoner wear this overcoat before. It was a long overcoat such as is worn in winter. After the fire I saw the jirisoner during the week wearing a grey waistcoat, which I have seen him wear before the fire. The prisoner had two sets of harness. On the day of the fire I remained about the jilace until about 11 o'clock in tlie forenoon. His best set of han, 'ss was in the carria<^e (voiture), which was in the milk-house. I saw tie ])risoner on Sundny night after , sunset and the day following. After that I did not see him any more. He had gone away. It was about two or three wceka after the burning of his house that I sa\s' the prisoner on the Sunday evening. I do not knov* whether the j)riHoner and his wife agreed well together. 1 know Marie Le Blanc, wife of Piosper Ijcaucherie. Cross-examined. — I have been several times into prisoner's house. The joints were filled in with mortar, and the walls were pa{)ei'ed. There was no chimney in the house, the stove-i)ipo ))assed through the roof. I have Ijeen in tlic; gai ret of the house. The roof was coven/d witli boards and shingles. It was slightly damaged at the North end. Four or five days' l.cfoi(! the lii'e the weather had been raw, rather cold and cloudy, and it had rainod. Tt sometimes happens that the harness is kft in the vehicle especially when you arrive late. I cannot swear that the overcoat v hich the juisoner wore at the burial was the same which I had seen him wear before. I think it was the same. I should have no doubt whatsoever, if this were jiot such a serious matter. G. David Gu'dlemctte. — I am the piisoner's brother. I am a faimer and reside at St. Chiistoi)]ie, I was the prisoner's neighbor. I know the situation of his bouse. The distance between his house and mine is two or three arpenta. I resided to the south- east of his house. SomeliniQ about Michaolnias I reiticmber the burning of tlie house. It was raining a little at the time. The night before, the weather had been fine but betokened rain. About midni^Jjt my wife awoke me and I observed that it • ! was beginning to rain. I looked out towards the prisoner's honse and all was then qniet. I returned to beil. My neighbor Celostin Blais aroused me crying " An feu." I fortlnvith went to the place, the house was then in a blaze, and it) was impossible to get in. Tho windows were open and the door partly open. Tlie flames were bursting out. I saw the stove inside the house through the window ; it was beginning to get i-ed hot. On arriving I saw prisoner near tlie fence near the house, lying in the water and mud, crying out and calling for his children. A woman who was there said " When oiio tliinks they aie all in tho house, the peoide of the house !" 1 asked her where the ]irisoner was, and she said " He is there," showing me him. I did not recognise him. J asked him where his wife w«j.s. He replied that he did not know, and told me to try and tind out where sho was. He was in great distress about his wife ami children. I asked hira how he had escaped. He told me ho was lying down near tlie stove when tho smoke awoke liim and stilled him, and that he had rushed out calling to his wife to save herself, and that lie had gone towards Mr. Powell's house u rouse him up. He was lamenting the loss of his childi'en and property, and begged of us to go and look for his wife. Ulaisand i and another went round the house outside to see if we could tind his wife. As we approached the place where the bed was, I said to Blais that wo ought to pull down that side of tho liouse to see if sho Avas in her^bed, and he said that we two would not be a'.>le to do it. Tho other person had gone. The prisoner came to my house once on the eve of his dejiarture for Wotton. He asked me to lend him my vehicle. My wife said to the prisoner " There seems to bo considerable discord (ijue (^-a fouaillo) between your wife and the littlo girl Marie Lo Blanc." He drooped his head saying there had been something between them. My wife said to him " Jt seems that your wife took tho tongs to beat the little girl." The prisoner lowered his head, and at that moment his wife called him "Elzear," and he went away. Mar'- Leblanc lived witli the prisoner before the fire. After the lire the prisoner went away. Tho conversation that we had had was to tlieeiVeet that he had been informed that he was to be arrested. His brother-in-law Glandreau came to my house, to tell him but he addressed himself to me. I warned the prisoner of it, and then Gendreau joined in the conversation. I told the prisoner that from what Gendreau had said to me, it appeared tliat Narcisse Leblanc had inatle a deposition against him with a view to his arrest. The ])risoner didn't seem to think much of it. Gendreau then told him that he had come to v.'arn him that he was to be arrested, and advised him to make his escape. 1 f e rcjilied that he was not guilty, and that he would not run away. I told hi)u that it would be better for him to go away, and added " If you aie taken, you will stand a trial , and that is n disagree- able thing. If you go away your trial will takt; place, and if you are found guilty you will be out of the way, and if you are not, you will r.,me back." We forced him to go. He said he had no money. Gendreau told him th'.it he must start in the night aiul walk during the night. After tho prisoner had made up his mind to go, I said to him " Gendreau will lend you some money." He did not winh to start at night, and he ■aid " You must come and drive me in my own vcdiitle." I did so, and we started at dusk. We stopped at Richmond until day, aiul reached Sherbiooke at noon, and we remained there some time. At starting the prisoner told me to write to him and tell him what might happen. He ri'turned by the cars and went to Berthier en Bas to his lather's house. I know tlie clothes which the prisoner wore before tho fire. I have seen the overcoat of thiclc cloth which he wore on Sundays. When the prisoner was not travelling, he kvpi his overcoat in the gai'ret. After the fire 1 saw the overcoat. On the inox-ning of the fire I went to tho barn, I liftetl the cushion of his vehicle and saw the overcoat folded uj) beneath it. I know the clothes which he usetl to wear. He had a waistcoat of country cloth. I lifted the seat of the vehicle and 1 there found a pair of trowsers and a waistcoat. He had a better overcoat for line weatlu r, and took it with him to Wotton. He had only one pair of fiiio boots and one pair made of thick leather for working. The prisoner was at the burial of his wife and wore his pilot cloth overcoat, and I think he wore the trowsers which I had seen in his vehicle. When I saw the prisoner at the fire he was wearing hia Sunday boots. mmm ' ( Crosi-examined : The trowsers which he wore at the burial were of gi-oy country cloth. Before tlio tire, piisoner had trowsers of black cloth and a cloth coat and they are burned. They > 'ere his best clothes. Before the lire prisoner had not the waistcoat and hat which he wore at the burial. He had had the waistcoat and a cap, and the prisoner changed that cap for a hat, which he got from my son. In travelling, overcoats like the one which I found under the cushion of his vehicle are used. It sometimes happens that on returning from a journey, clothes are left in the vehicle. He placed the harness on the front part of his vehicle wliicli he took into the barn. I think that prisoner remained, about three weeks in Uie Uni led States. Wlien he set out for the States he had no longer any residence hero, and when he went to Berthier, ho went to his father's house. I have often p.een the prisoner's house. One ]iai-t of the roof was in bad order. There were no shingles on it, and the stove j)ipe was bad. Gendreau who advised the prisoner to go to th« States is his brotlier-in-lav". He was piisoner's wife's brother. lie-exK milled : When I reached the lire, flames were coming out through the roof at the pi K!e wherr the stove pipe passed. It was plain that the tire had began inside. The stove })i[)e w . in the hole of the roof when the fire was coming out. 7. Oeunje Powell : I reside at Babsplain in the County of Stanstead. I was living with my brother, neighbor to the prisoner, at the time of the burning of prisoner's house. I was awakened by the barking of dogs about midnight. At that time all was quiet at prisoner's house. The weather was cloudy and there was ai)i)earance of rain. About 3 a.m. having heard cries, I went out a few minutes after, and went to prisoner's house. The house was in flames, I observed th"^ stove in the house, at that time it had not been damaged by fire. I arrived about two minutes before my brother. Celeatin Blais was already there, and I arrived at the same time aa David Guillemette. Cross-examined : At the time of the fire I was living at my brother's house. 8. Esther Paradis, loife of Celestin Blais, a witness already examined : I reside the second neighbor from the prisoner. I knew the deceased wife of the prisoner well. They agreed tolerably well. I can remember three quarrels between the prisoner and his wife, in the space of two or three years. The last, was eight days before the fire, in relation to Marie Leblanc, I did not hear the whole of it. T heard the jirisoner say to his wife, " Go into the house." He appeared to love his wife in a certain kind of way. Being timid, I sometimes went to sleep at the prisoner's house with his children. Prisoner had an abrupt manner with his wife. I observed that prisoner's wife had great difficulty in getting in water and wood. I did not remark that prisoner neglected to provide for the wants of the house. I arrived second at the fire. My husband arrived the first. My husband awoke me about 3 or 3.30 a.m. About ten minutes after, I was at the fire, when I saw the prisoner lying in front of his door along- sida the fence with his hands over his face. He was crying out " My little children, my little childi'en."! I asked him where they were, and he replied " They are in the burning house." I asked him "Where is Henriette?" (his wife.) He said "" She is in the buniing house." I said " Is it possible 1 How is it that you did not save them 1 " TTe said " I got out, and tried to return but it was impossible." I said " Is it possible '] Poor woman she is burning." The prisoner said " Save my wife." Cross-examined : I have sometimes heard prisoner quarrel with his wife. (The counsel for prisoner asks to have read the deposition of the witness taken before the Justice of the Peace ; does not press his application. No further cross-examination. Onesime Richard : I know the prisoner, and I knew his decesised wife, when I lodged with them the week before the fire. There were in the house, the prisoner, his wife, and Marie Leblanc who was engaged with them. On Thursday night Marie Leblanc said that she wished to go to Wotton. Prisoner had to go to see some lands at Wotton, and she wished prisoner to take her on his way to see her sister. The wife of the prisoner said that she had as much business to go there as Marie Leblanc, and the latter said that she had as much business as the other to do at Wotton. Prisoner started with me to draw two loads £rom \m house, to the house of Narcisso Leblanc. The wife of prisoner did not wish to ^f^K^^wwrnmas ^F^K^mKm^^^ go to live at Wotton, and prisoner was anxious to go to see lands at Wotton, with a view of buying some if tlioy jiloased him. Ho said to his wife, that lie had brought her to Wotton, and thafcslie did not wish to go and see the lauds. The prisoner and I returned on Friday with two loads, and it was afU-rwards, on Friday morning, that a quarrel took ])lace between prisoner's wifis and Marie Leblanc in the jirosiiuce of prisoner. Marie Leblanc came crying, and saying that IMiidamc! (luillenietto had put her out of doors; that Madame Guillomette had desired hor to wash, but that as she (Marie Leblanc) wa* sick, she did not wish to do so, and on tliat account she (Madame Guillomette) had put her out of doors. Prisoner si id, " You can't make a sick girl work." Madame Guillemette said, " If you choose to take the part of stranjjcrs, do so." The prisoner said, " I see how it is, Marie Jii'blaiur," and said to lier, " You are engaged and you will complete your time." It was after Madame CUiillemutto called Marie Lei)lanc a " little wli — e" that prisoner said to JNIario Ijeblane tliat she was engaged, and she should complete her time, that the wife saiil to mo at tho same time, "See how they treat me." When Madame (Juillenifttu cdleil Marie Leblanc a wh — e the latter said, "not more wh — e than you tue." I have not been examined in court before. On Friday night Marie Leblanc wa' sitting in the house, tlie ]ivisoni'i' was nearest to her. Prisoner was Fitting before the door of tho stove. Tdiu-ie Lculiiu; lia;l uiw knee on the groiuul and one of her hands on prisoner's knei's. Aladaiue (jluillemctto was then seated on a box behind the stove. It was wlnlst Madame Chiillemotte and Marie were (piarrelling that the latter had her hand on prisoner's knees. Exanhination adjourned till to-morrow at 10 a.m. 23rd Feb. 1870, 10 a.m. 9. OnC'siine Richard (continues his evidence) : At the time of the lire I had been living at Wotton since the last Kpiphaiiy. I reside near Oxton, United States. I saw prisoner at Wotton. I left for ^Votton the Saturday before the lire, and on the next Saturday forenoon the prisoner came to my house at Wotton and remained there five days. When the prisoner came to my house the following persons were there, viz. : Narcisse Leblanc, Marie Leblanc, Dclina Loldanc (my wife), ray mother, and myself, and the children of Narcisse J^oblanc. IMarie Leblanc had arrived on tho Satu-dav evening of the week before the fire. Prisoner came to my hou.se the Sunday following. Prisoner, when he arrived, said that he had been to see tiie land.s. He asked Marie Leblanc if she would come iuid finish her time. Ho wished to take her back to finish her time. In the morning prisoner was going to see tho lands of Mr. Peacock. It was during the Retreat. Marie Leldanc, my wife and mother wished to go to the Retreat. We had no vehicle ; the prisoner said you can come with me in my vehicle as far as the church. They entered the prisoner's vehicle and he took them to tho church. Prisoner and Marie Ijeblane aj)pcared to like each other. Prisoner appeared to be very fond of Marie Leblanc, and he came back alone with her in the evening. It was dark : it must have been, I think, about seven or e'ght o'clock in the evening. I went to the door when they arrived. I said to prisoner, "You have arrived ' en cavalier ;' " and tho ])risouer r.iplied '• I think fifteen days hence I shall be your brother-in-law." I asked him how he could beci)UU) my brother-in-law in fifteen days ; and he said that in view of the sickness of his wife ho did not think she had iifteen days to live. I asked him what disease his wife har's wife was wrangling with me, because I had said in the morning that I wanted to go to Wotton. During tho day she was rpiarrelling with me, I washed my linen, and after having finished, I jjut away tho tubs ; thereupon prisoner's wife said " Thei-e aro still some dirty clothes upstairs." I said to her, "I don't intend to wash your clothes, I liave finished my time." As far as I can recollect, she said that I had been eug.aged for 2 months, and I should finish them. I went out of the house. At that time prisoner liad gone with Onesime Richard to my mother's to get a load. Prisoner and On^sime Richard set out on Friday morning to go and get the loads, and returned in the afternoon of tho same day. The cause of the quarrel between the prisoner and his wife, after tho arrival of the prisoner, wa.s tho journey to Wotton. When prisoner came back with his load ho said " It was I who engaged her and she will remain." I do not recollect prisoner's wife said anything in reply, pi-isoner and his wife quarrelled frequently, not a day ])assed that they did not quarrel, I never quarrelled with prisoner's wife except on that night. I never quarrelled with prisoner, wo were good friends. The next day, just as I was leaving, pi-isoner's wife .said to her husband, "If you like anybody better than me, they will not remain here," That was the first time she ever spoko in that style. On Friday night, when Onesime Richard was at prisoner's house, I wa.t there also. I was sitting near tho stove. Prisoner, and prisoner's wife and Onesime Richard were there. The prisoner was sitting near the stove, at tho distance of three feet from me, near enough to touch him, prisoner was sitting on a chair aiid I was sitting on the ground ru-ar hiin. PriscuH-'s wife was then sitting beside her husband. Onesine Richard said, "Madame Guillemette and Marie shake hands, both of yo\i," thereupon I got u)) placing my left hand on prisoner's' knee, and I held out my right liand to jNEadame Gruillemette and we shook hands ; after having shaken hands with ]\]adame Guillemette, I went and sat at a greater distance. When I left prisoner's house, I went to Wotton to my sister's. I left prisoner's house on Saturday at noon, with my father who took mo to Onesime Richard's at Wotton. Prisoner was in the habit of putting his Sunday harness in the garret when I lived there. He had a black overcoat, Init I cannot say of what kind of cloth. When I lived there, he did not wear it. It was hung up in the garret. During the week, he wore linen trowsers, and slippers (savattes). On Sunday he sometimes wore black trowsers and waistcoat and gaiter boots, beside that, he had trowsers of grey cloth and a waistcoat of country cloth. There was no partition in prisoner's house. I left St. Christophe on Saturday, and on the next day, Sunday, I saw ])risoner at Wotton. He came to Onesime Richard's house. As far as I can rccollett prisoiur was dressed in grey country cloth. He remained there three or four days, he liad Lruu,_''it with him his black cloth clothes. At that tiiuejthere wa.s a Retreat of three days at Wotton. I went to the Retreat with my sister and tho prisoner, my sister is the wife of Onesime Richard. The service ended about 4 o'clock m the afeernoon. Tlie Church at which the Retreat was held is three or foiir miles from Onesime Richard's house. In the evening I returned to Onesime Richard's alone with the prisoner. He arrived about dark. It was on Wednesday. I milked tho cow at Onesine Richard's. The first time I milked the cow, prisoner came to look for his hor?,e. He spoke to me. I v.as milkii:g the cow, and the prisoner came and sat on a stone and asked me what means he should take to get rid of his wife. I asked him what he M'as thinking about to put nie such a question as that. Thereupon he told 12 me ho was thorou^rlily u]isft, tlint vliciipvcr ho wont Ikuiio liis wifo f|imirollp(l w^th him. Pri.sonor aiiid that bofi)ro flftooii djiys thoiico, lio would tiiid some means of jotting rid of his wifo, 1 thou told liim to go liaok to St. Cliristoplio iind como to torms with his wifo. 1 romoinlior well what prisoner said lait 1 oannot i'0|i( at it in tlio order in which lie said it. JFo asked nio wliotlier, lie liocanio a wi'lowrr if I would tako him, to the l)eflt of my knowlf d!,'o, tliose nr^ his very woids. Jh^ told mo tliat lio would try to find moans to i^'et rid of his wife. JFo saiil this to mo whilst 1 was milking the cow, and he told nu; Iho same t]iinrisoner said that hofore fifteen days ho would f,'et rid of his wife. (The Court warned tlio piisoner to take caro what she snid, and a.sked her if she was positive jiri.sonor said so). Slio replies that she is certain that he said that hefore fifteen days he will got rid of his wifo. When F told him to conn; to terms with his wife, he told me it was impossililo, that his wife was too ill tempered. (The Coimsel a.sks iho witne.ss when it was tliat jirisipnersaid that ho would get rid of his wifo, whether he said it by himself or in reply to a question which she ]ait to him). She rejilies that she does not recollect. (Theooimsel for tlioci'Own asks tlu! witm^ss whether, beside those throe observa- tions which she had stated that the prisoner had made, that he would get rid of his wife in fifteen days, — asking her if slio woidd marry him, if lie became a widower, and — that in view of tlie sickness whicli she had, she could not live to Ix^ old, the ju'isoner .said anything else of his wifo, or relating to marriage?) She roj>liosthat she does not recollect. After having milked the cow, I wont to put the milk in the diary. Whilst I was ])Ouring off the milk, prisoner told me that in fifteen days he woidd return to Wotton. He then harnesstd his horse to go away I do not ren\onil)er that he said anything else to mo. When he spoke of returning to Wotton in fifteen day he said he would come and speak to mo, but ho did not say on wliat snliject. Whilst I was living with the prisoner, 1 wont with him to W^arwick. We went to the Depot to see the races. His wife remained at lionu> when we went to the station. Cross-examined : On Friday night, before starting for W^otton, I was sitting on the ground. Madame (luillemette was sitting on a cliair beside lior hnsl)and the prisoner. She was not sitting on a chest, it was a chair. J i)!aced my hand on prisoner's knee only during the time it took me to get uj) from the ground. I got uj) to shake hands with Madame Guillemette, and when I gave Ik )• my hand I was stantling up. Whilst T was sitting down, and before I got up, my hand was not on jjrisoner's knee. That night was the only time I put my hand on ])risonoi''s knee. Whilst I was seated I did not look through the hole in the door of the stove, nor did I do so while I was getting up or after- wards. I might liave looked through it during the evening, but I did not do so when I shook hands with jMadame Guillemette. I am q\iite certain I was two or three feet from the prisoner when I was sitting near the .stove. I was not near enough to prisoner to touch him with my elbow, and did not touch him with my elbow. On Friday niglit, when 1 was sitting near the prisoner, I did not have my elbow resting on liis knees. When I put my hand on j)risoner's knees, his wife had no time to say anything, and she diil not say anything on the subject to the best of my knowledge. She did not tell me that I Avas ii little slut and a wh — e. That was on another occasion. It was in the afternoon, about five o'clock tliat I placed my hand on prksoner's knee. It was daylight. When Madame Guillemette stated she wished to go to Wotton, I was sitting near my brother-indaw, the pristmer was sitting near the stove, and Madame Guillemette was sitting on a chest. As regards the journey to Wotton, it was the prisoner who first si)oke of it. He said that he wanted to go and see lands at Wotton, It was then thav I asked him tu take me to Wotton to see my sister. It was 13 on Friday night, and the ])riHoner replied, " Tf tlioro is no work to do you can come if you like." Madanie (luilicmetto tlicti mild " I will go to Wottoiiaud hco the lands." Prisoner said to her, " You will not conio to Wotton to play nic the same trick you did tlio fiist time," that the first time .she wont with him slio \vo>ild not li-t him go to sec the liiiids. Prisoner's wif(! .said, " Ycsl I will go." I thou said to the wife, " If you go to Wotton, you may look for another girl, I am not going to nMuiiin hero to he covered with ahuse." I don't remember what was said afterwards. I think I n'mcinbcr the prisoner .saying, "you have engaged yourself, and you will linish ycmr time." As far as I can recollect, Madanie Guillemetto said the same thing. As far a.s I can recollect she wislied to keep me. Whilst prisoner and Om'-sime Richiird were gone to get loads at my brother's house, Madame Cjiiillemette did not i)ut me out of doors, I went out of my own accoid. I do not recollect wliether pri-soncr's wife said anything to me before I went out. I do not recollect to liave sworn to anything that the wife of prisoner might Lave said to mo about finishing my time. I liave not a good memory. I cannot explnm how it is that I got liomu she fpianvll si with him. I do not recollect that there was anything elHo said at th.it tiiiK* either by him or by me. Tho ])risoner then went to catch his liorae ivnl Mtiu'tii'd to tho houso. Whilst I was jjouring olf tho milk, the prisoner harnessed his liorKO, and ho then told mo that in lifteon days he would got rid of his wife and return to Wotloii. This was whilo ho was harnessing his horse. I poured off the milk in the dairy, near tho h^ft di)or on tlie sida of tho house of Onosime Richard. Whilst [ was p(niring olF tho milk in tho dairy, tho priscmor said that ho thought in fifteen day.s he would get rid of his wife ard i-etui-n to Wotton, and I tlum said to him to go away and make terms with his wife. The i)risoner wont away saying, " In fifteen days." To the best of my knowledge this is just what took place. Prisoner said that in fifteen days ho would como liack and talk to me. He aiid, " I think I will return in fifteen days and T will talk to you." The prisoner said, " I think that I Avill return in fifteen days and I will talk to you." Those were the words he tised, to the best of my kuowlodgo. That is all that was then said. I do not recollect that anything else was said on that occasion. (Tho foregoing •vidence, from .and including tho words " So fat as I can recollect," in tho tenth line of page TA \jiir, in JA..S'.], was read to tho witness). Air. 0'Farr»ll asks whclher that is all that took jdaco and was said on tlioso occasions. Witness answers, Yes ! I i-annot say how it was known that I could give evidence against tho prisoner. I do not recollect when T was to! I th.at I was to bo examined as a witnes. I have never sai!). 3iy elbow oidy rested on the pri.-^ont r'n knee whilst I was gettinj^ up. It was whilst I was seated that I placed my elbow on the prisoner's knee to a.s,sist me in rising. I w.is sulfieiently luvir the jirisoner to place my elbow on his knee. When I was t^ettinj^ u]) I did not lean aji;,iinst the prisoner. I ^ot up directly, llaviufj; sworn yesterday that I was two or three feet from the prisoner, and swearing; to day, that I was near him when 1 placed my elbow o him, I have .sworn to the best of my knovv- Icdf^c to day. So far tus I can recollect, the prisoner had at Wotton, a black coat and a grey cout. Jie-e.ramine'f : It was at Wotton that I first learned that I wa.s to be examined as a . witness. It was the Just ici of the Peace, Dr. I'oisson, who 'j.ive me this information. Ho came from Wotton, and made us speak. 1 did say to the prisoner's counsel, that if I could have recollected as well to d.iy and yestinbiy as I did when 1 was examined by the .Justice of the Peace, I would have said the same tliinus. I do not recollect havint; been at Wotton, at Richard's house, whil.st they were ]ilayiii,„' cards. I do not remember that any tliiii,i; pas.sed between the pritxiner and me, which cau.sed Madame Richard, tie mother of Onesime llichard, to make any remarks. I did not sit on the prisoner's knee at Wotton, when the prisoner was there. , 11. Pierre Celtstin Ji(!) Pierre Celestin, went with him. It was after tlio affair of the stockings that the prisoner went to the stable, tliat lie found his horse without water or forai,'e, and tliat hv gave it some. Prisoner cliangcd his clotlies, put on liis every-day clothen, went out to unharness liis horse and put it out to grass, and looked after the hoise which was in the stable. He came back to the house and asked his wife for sonietliing to eat before going to the field. Having eaten he went at once to the field. IFe did not go up to the garret before setting out for the field. He did not eat twice. He did not go to tlie garret twice. He did not go to the field twice, and he did not saj twice " One of us two will perisli tliis night." It was before going ti> the stal)l(' to look after tlu' I'ol) tliai lie ('liaiijf:'il his clotlies. and not after he caine luick. It was not in coining down tin* stairs tliat tl c |)iisoiier said " ( )nt' of us two will pt risli this niglit." lb' w:i^ .ingiv ilirn and was nm in ;i good Iminour. When the prisimer said, •• ( >nc of us two will pci-isli this night," his wife said. " Do not sav that before the children," and the prisoner tjiid, •' One <.if us two will take to the woods this night." He then took something to eat, aiul after eating went to the field. My mother never gave me any instructions as to my evidence. I liave never spoken to my mother about my evidence in the j)resence of Aurelie St. Cyr, and my mother has never spoken to me of it before that person. I have never spoken of my evideiuH! to my mother, nor has my mother ever spoken to me of it in the ])resence of Xavicr Barbin. My mother never said to me, in the i)resence of Atirelie St. Cyi- or of Xavier Barbin, " Do not forget to say * this night ' (cette nuit) wheii you state that the prisoner said one (jf the two would take to the woods." 1 saw in the seat of the vehicle, some grey clothes, having looked in the seat of'the vehicle. Prisoner's counsel asks to have the deposition taken before the J. P. read. Witness withdraws. Urgel Mederic Poissoii, Esq., sworn, and says : I hold in my hanc^ the report of the inquest which I held as J. P. I there find the deposition of the present witness, Philippe Blais. He made this deposition before me, and it was t.akcn as nearly as possible in the words lie used. It was read to him, he signed it with a cross, and I signed it as a J. P. The inquest was held on the information of Niircissc Leblanc. (The deposition of the witness, Philippe Blais, was read to the Jury in his presence, and the same Philippe Blais continues his evidence as follows.) I do not see that my evidence does not agree with my deposition. I have said here that I did not try to look, and that I only once looked in the scat of the vehicle, whilst my deposition Bays that I did try to look when the prisoner came back from Wotton. That does not agree. I have said here that the prisoner asked his wife if she had become worse, and that she had replied, " I may well have become worse;" and I said, that to that enquiry of the prisoncrr, ehc had replied " No." When I answered at the inquest that she liad replied " No," I did not remember so well as I do now ; the further I go into the matter, the more I rcmcjmber. I have said here that the prisoner had changed his clothes before going to the stable, and that after, the prisoner came back to the house and went to the field. In my deposition, I said he had changed his clothes after he had come back from the stable. The two statements do not agree, there is a difference. I did not say the same thing because«I did not remember more about it. I have said here that the prisoner had come down the staircase and was close to it when he said " One of us two must perish this night." In the deposition that I gave it is stated that the prisoner said that when coming down the stairs. The difference arises from my no longer remembering it. I said this morning that when the prisoner said that he was angry and not in good humour. Before the J. P., I said that when the prisoner said that he was not angry, and was in good humour. This difference arises from the fact that I no longer remember it. I have stated here that I remember better now than at the inquest, but I now say that I remember less now than at the inquest. I have said to-day that when the prisoner said " One of us two will perish this night," his wife gave him some- thing to eat, and that he went out into the field. In my deposition, I said the prisoner said " One of us two will perish this night," and that the wife said " Hold your tongue, do not Bay that before the children." The prisoner added " One of us two will take to the woods this night," and set out for the fields. These st^iteuiouts do not agree. I remember nothing about It. 19 13, Olive Patoine : I reside at St. Christophe. I know the prisoner, and live five arpents from where his house stood. I remember the fire at prisoner's liouse. The evening before the fire I heard loud tiilkinic in my neiL!;hbourhood. The voices appeared to bo angry. It was the prisoner and his wife who were speaking loud in that way. The woman spoke louder than the prisoner. 1 heard this noise from about nine o'clock until midnight. Cross-examined : I was then liviuj^ in my father's houss. I do not remember what work I was doing. There were then in our house my father, my mother, my brothers, my sisters, and myself. Two of my brothers and one of my sisters are over nine years of ago. Prisoner's wife was talking, also, for a longer time than he. I sometimes work at night. It is difllcult for mo to say how oftt-n I work at night. I take in sewing. I heard the voices at 10 and 10.. 30. I lu'ard these voices at about 9.30 p.m. I heard them between 9.30 p.m. and 11 o'clock p.m. I cannot recollect how often they spoke in this way. When I began to hear them it miglit have lieen about 9 o'clock. I did not listen all the time expressly to hear them. 1 did not listen intentionally. The doora of our house were open. I did not go out of the house. There was no tire in the house, the weather was quite warm. I tlo not recollect whether any of my brothers and sisters were still up. IMy father had gone to bed, my mother was up. My mother is forty-two years of age and is not infirm. I could hear at five arpents, aiul they could hear just as well at Mr. Powell's, who lives at a distance of two and a half arpents. When I was asked whetlier I had found any property in prisoner's field I answered " No." I said that the girl who had lived with the prisoner came to our liouse with prisoner's wife, and that the prisoner had come afterwards, and that the girl and I wont out. I heai'd nothing of what was said the night of the fire between the prisoner and his wife. I remember that the prisoner went to Wotton, but I do not recollect when. The first time he went with his wife and the second time alone. I do not I'OCoUect the day of th« week, or how many days before the fire he went to Wottoii. I do not recollect how many days elapsed between the two occasions of his going. I am not very strong on dates. I do not recollect exactly the date of the lire. The time of the fire is a little obscure in my mind. Nothing remarkable happened to me on the night of which I have spoken. It was when I was examined a year ago before this court that .what I have just stated came to my mind. The voice of the prisoner did not indicate that he was angry. Re-examined : I am certain that it was the evening before the fire. 14. ,/ean Patoine. I reside at l"'t. Christophe, four or five arpents distant from the house of the prisoner which was buruc. I have known the prisoner for a long timt. On the evening before the fire I did not hear any quarrelling in the neighbourhood. No cross-exam iuation. 1.5. Henriette Dessaiat dit aSI. Pierre, wife of Charles James Powell : I have kmwn the prisoner a long time, and knew his deceased wife and children. On the evemng before the fire I passed in front of the prisoner's house. I heard talking as I passed. They were talking loud. The wife of the prisoner and he were talking. The womai. spoke loudest. They were (juarrelling, but I ditl not hear what they said. I lived tw'* and a half arpents from the })risonoi''8 house. The prisoner and his wife did not ngv well together. They often quarrelled, but I could not say how often. When I lieai, them quarrelling it might be about 7 o'clock. I did not hear them quarrelling afterwards. Cross-examined : From the tone of the pri&onei's voice I should say he was angry. I never said to anybody that I did not think he was angry. I did say to Mr. O'Farrell to-day that, judging from the tone of the prisoner's voice, I did not believe prisoner was angry. I have already been examined as a witness. I li never heard the prisoner abusing his wife, it was always his wife who abused him. Jie-examined : I was not under oath when I said to Mv. O'Farrell that the prisoner was not angry. Wotton. I consider myself the father of Marie Marie Leblanc was nineteen years of age on the I have known the prisoner very well for six or IG. iVarcisse Leblanc: I reside at Leblanc, the wife of Prosp^rc Bcauch6ne. sixth of the present month of February. rf ■■■■Vi 20 seven years. T rocnllcct tlic time when tlic prisoner left Wotton to come to Arth;iba«ka. I saw the prisoner after tliat, ami 1 was told that some time before, ten or tlevcn days, he had been burnt out. The fir,--t time I s;i\v him afterwards was at the house of liis brotlier David Guillemetto. I did not conver.-e with him at that time. I only went in and out, and shook hands witii him. On the followinji' Tuesday or Wednesday T s'lw the prisoner in Louis linden's barn in the Village of Arthab iskaville. I was tlien dressinj^ i;Tain. The prisoner cane into the barn and bij^an talkinu' Vi'Ith me. wheiher 1 had been to see tiie land in Wotton. I had been to sec the land in Dudswtll. He said lie wanted to <:o and settle there. I told him that T had found a lot, and that lludon was willing' to take half of it. The conversation turned on the jmblieation of the bajuis (of marriage) of my daughter, Marie Leblanc. I do not recollect how it bef;an ; for it is iifteen months since then, but it turned on the i)ublieation of the baims of my dauuhler with Prosper Beauehene. I cannot tell the words tlic prisoner made use of. but as v.ell as I can recollect he wished to put a stop to my daughter's marriage with Beauehene but would allow the publication of th^ banns to be continued. I said to the prisoner tliat people would make remarks if he attempted to prevent my dan^iliter from marrying. I told him 1 v.onld not stop tlie publication of the bainis, nor hinder my daughter's marriage Avith Beaueliene. My reason was that I thought it a good thing for my daughter, and I liad no mind to prevent my daughter from marrying liim. The prisoner said that people spoke ill of him, making remarks concerning him which wti'C not true, that he had not felt ashamed in clnu'ch (qu'il n'avait pas rougi dans I'Eglise). T toid the prisoner tlnit I was a poor man, that my daughter had a gooil eliance, and that I had no means of keeping her at home. The prisoner told me that if 1 would stop the marriage, he would contribute something towards her maintenance, until they could marry at a future time, if .she were disposed to have him. T told the prisoner that when the time came for marrying my daughter he miglit change his miml, and my daugliter might be left on my hands, which I had no mind for. The prisoner told me, as nearly as I can recollect, that lie had sold his farm i'or 8-50 or SoOO, and that he had stock (du roulant) to tlie amount of £50, and could with that give security, and that she might marry any one .«lie liked if he did not take her. I still made him understand that there was not any means of putting a stop to tlie marriage. The prisoner told me that if I did not stop it, he would himself go to Wotton to see my daughter, and would .stop it. The reason which the prisoner gave me for not stopping the bamis, was that people might not suspect her intention to break oif her marriage with Beaiu'iiene in order to wait for the prisoner, and marry him. I told the prisoner to keep (juiet, tliat I would go to Wotton, and what I should do would be well done. The jirisoner may have s aid something be>ides, but 1 have no recollection that he did. It is a long time ago. I saw the prisoner wlien he went to Wotton to look at the lands. When he got to Wotton it was dark, and I was in bed. I did not notice his dress. After- wards wc went away togetlier and I noticed how he was dressed. The first time he had a cloth jacket with a piece torn out of tlie back, which had been nu'iided. It was store cloth, a little worn and of a black color. He had also a grey blouse of country cloth, with black trousers and grey trousers, with a black blouse, lie had two suits when he arrived at Wotton. We looked into the scat of the vehicle to take out an outside coat and a portmanteau which he had brought fro)n Arlhabaska for me. I did not see any great coat belonging to the prisoner, and he did not bring one to the hou.ois.son, Esq., J. P. and Coroner: Sometime after the fire at the prisoner's I was informed that Narcisse Leblanc said that the fire did not happen by accident. I spoke of it to the Sherift". I am aware that Naieisse Leblanc made a deposition before 3Ir. Stein, J.l'., and the prisoner was arrested on the deposition of the Iligh-constable. I met the Solicitor-General hero after the fire, and talked with him about the matter. Some time after, he caused this letter which I now produce to be written to me, which letter is now read to the Jury. The inquest lasted seven or ciglit days; and, a s the proceedings advanced, they found that other persons knew something, and sent for them. It was after I had consulted with the Magistrates of this neighbourhood that I communicated my suspicions to the Government, and asked for instructions. Those instructions were conveyed to mc in the letter which I have produced. Cross-examined: It was in consequence of what N.ircisse Leblanc said, and of the deposition he made that I spoke to the Solicitor-General who was here, and asked him for instructions. My conduct was not by any means infiuenccd by malice or a desire to injure anyone. I do not know what influenced Narcisse Ijcblanc. Re-examined : Narcisse Leblanc's first deposition was not made before mo, but before Mr. Stein. 18. Raphael Richard : I am Iligh-constablo. The prisoner was arrested on my affidavit. Having hoard that ho had returned from the United States, I made haste to make my affidavit, fearing he might go away again before he could bo arrested. I arrested the prisoner at Berthier below Quebec. Cross-examined : I had knowledge of the depositions made before the Justices of the Peace, Messrs. Stein and Poisson, and it was on the strength of that knowledge that I depended to make my affidavit before u Justice of the Peace, in order to procure the arrest of the prisoner. 19. jUtguste Qiiesncl, Esq., J. P., Sheriff" : Dr. Poisson consulted me with regard to the prisoner. Dr. Poisson told me during October term, 18118, that Narcisse Leblanc was in the Advocates' Cliamber, and that he had something to coninuniicate respecthig the fire at the prisoner's house. He did not seem to consider tliat Narcisse Jjcblanc's deposition was sufficient to authorise the arrest of the prisoner. After I had heard Narcisse Jjeblanc relate what he had told Dr. Poisson, I told the latter gentleman that the affair was serious, and that he ought to take Narcisse Leblanc's deposition in order to have the prisoner taken up. In advising Dr. Poisson to take Jjcblanc's deposition, I considered that the latter had declared both to that gentleman and to myself tliat, if any inquest were held, many facts would come out more important than what he had already told. 20. Celestin Bonrassa : I am acquainted with the prisoner as also with i\Iarie Leblanc. I have never conversed with the prisoner about Marie Jjcblanc. I have seen the prisoner and Marie Leblanc together in the fields. They were both on the ground together behind a pile \i '\ of branches. I did not take notice whether prisoner's clothes were deranged. I did not see what they were doing. The prisoner never spoke to nic on tlie subject. Cross-examuied : Marie Leblane. wlioni I am speaking of, is the daughter of Narcisse Leblanc, a witness wlio has been heard, the wife of Prosper Beauchenc, and has given her evidence. She livcul with tlie jirisoner. .She is the same person whom I saw on the ground with prisoner on the a pile of branches. 21. (I'fioiye (j'undreait, : I am brother-in-law to i'.ie prisoner. His deceased wife, Ilenriette Gendreau, was my sister. 1 am a trader. I sold an vercoat of pilot cloth to the prisoner about four years bi-'fore his house was burned. lie gen rally wore it on Sundays in winter, and also when he went abroad in the week time. I saw ' lie same coat on prisoner's back when he was ))resent at his wife's funeral. 1 advised him to ; o to the United States, and within ten minutes after I retracted, and said to him, '' go, or d.in't go, I have nothing to do with it." lie told nie at lirst that he liad money to carry him to the States, but that he had not enough and I lent him three dollars. I saw the prisoner on the morning of the fire. I did not perceive that he was burned, nor his clothes neither. David Guillemette was present when the conversation took place which I have mentioned about going to the United States. Here the Crowu closed its cvitlencc and the Court was adjourned to to-morrow at 9.30 a.m. I i The 26th of February, 1870, at 9.30 a.m. Mr. O'Farrell addressed the Jury in English on behalf of the prisoner. Mr. Lanier addressed the Jury in French for the prisoner. Witnesses for the Defence. 1. Xavier Barhin : I am acr[uainted with tho children Pierre Celestin Blais and Philip Blais as also with their mother, who have given in their evidence iu this cause. I went to the house of the father of the said children, and found them, together with other yovinger ones. I asked theui where their father and mother were, who were not then present with them. They told me that their father and mother wei-e at the village giving evidviuce at the inquest, which w is going on about the prisoner. It was the eldest Pierre Celestin Blais who spoke so, and he atUled, that he and his brother Avould go also to give their evidence the next day. I enquired of the children what they had to tell, not being aware that they were at the prisoner's house, when be arrived from Wotton. Pierre Celestin Blais ^lid they were at the i)risoner's house when he came back from Wotton. I questioned him, asking him what manner (faron) the prisoner had when he went into his house, and how his wife liaxl received him. lie said, tliat his wife Smiled when he entered the house. I asked him whether the prisoner looked good-natured when he entered and lie answered that he did not look cross, that he pulled off his overcoat and threw it on the 4>ed, that he had gaiters on his feet, that he took them oil', as also his shoes and socks (chossons), that he put the socks into the gaiters, and placed everything behind a chest, that the youngest of his children took them and was playing with them on the iloor, that the prisoner took the gaiteis out of the child's hand and put them back again; that the ))risoner went to unharness his horse, and coming back to the house, went up to the garret ()'oom overhead), that he found Hour and bran in two bags, which had been emptied or mixed together, that the prisoner came down from the garret (grenier) very cross, at least looking very cross, and .said to his wife, "When I am away, everything goes to rack and ruin and we must perish." Thereupon, the wife asked him what he meant, and the prisoner said " When ai-e we to get wood %' He did not speak of that night nor of that evening. After I had dcnie with that conversation, I waited for their father, as I had business with him and after his return and that of his wife, the woman (Blais' wife) l)egan to talk about the ti'ial in the presence of her children, Pierre Celestin Blais and Philip Blais. She said to me, " Do you believe tliat the prisoner is not guilty when he said before my little boy : ' One of us two must die this night ' ? " I went away to return home, and Rierre Celestin Blais, having some business at the second neighbor's, I took him with me as he was afraid as it was dark. I asked him how it hap})ened that he told me the story one way and his 23 mother another way. Was it as you tohl me, or as your told niotlier it me 1 lie answered me : " It is as I told you, maiiuna is niistiiken." Philip lUais was present all the time while Pierre Celestin Blais was telling the story in Iiis parents' absence, and did not say anything. I have known the pi'isoner for four or iive years, he was my neigh- bour two houses off. He passed as being a quiet, peaceable man, and I looked upon upon him as a good fellow. Cross-examined : While Madame JMais was talking of thos(! things, she addressed herself to me and not to Piei're Celestin, and she did not tell her son to say so and so. Pierre fJelestin told nie Uint tlif prismu-r put his' great co.'it nn the l)0(i and liis sraiteiK beliind the el i est. 2. Avrrlle St. Cyr : I am .icnuiiiiited with .Madaiuf IMui.s aial lu-r chilibcji. Pien>' Celestin and Pliilip Blais, I liesird Madame BUdH talking to her t\M) childicn. PiciTfl Celestin and Phili[) Blais, alumt their evidence on the trial of tlie prisoner in October last. Madame Blais asked her son Philip, whether ho recollected tlie evidence that lie had given on that occasion. Philij) answered, " 1 do not know, I do not know that I shall remember it all." Madame Blais then said to her son Philip, '* The prisoner's wife had sent some Hour up to the loft (grenier), rthich the little boy, instead of j)utting it with other flour, had mixed with bran ; that the prisoner had been to sei* his colt, had found it had been neglected, and hail saiil, ' One of us two must die to-night." ' I am positive that this is what Matlame Blais said to her little boy Philip. Cross-examined : I was at IMadame Blais' house when I heard JNIadame Blais tell her child Philip to repeat the things as he had said them before (previously) anc to tell the truth and nothing else. I was in court the day before yesterday, but not ■when Pierre Celestin and Philip Blais were examined. 3. Joseph Lnvtgne : I have known the prisoner twelve or fifteen years. I never heard anything said iigainst his character before tlie present affair. I never lieard him spoken of for good or ill (d'une fac^-on ou de I'autre). I know T^arcisse Jieblanc, who has given evidence in the ])resent cau.sc. I would not trust him. I have heard several persons speak ill of him. His general character is bad, and I would not believe him on his oath. Cross-examined : I would not believe him on his oath. I never had any dealings with him. I Avould not believe him on his oath, according to what I liave heard say of him. 4. Marcel Poisson : I have known Narcisse Leblanc for twelve or fifteen years. He lives near me. He passes witli tlie world for no great things (d'une eertaine fa^'on). He is thought to have a long tongue, to be an habitual liar. I would believe him ou his oath in a certain way (d'une certaine fai^'on.) I know he has done his worst to make trouble in my family, which is not very nic(; (gentil.) I would not take him on his oath. Cross-examined: I was never punished for .stealing aj)i)les; but I took four 4, or 5 years ago. f). Nazaire Dion : I knew tlie prisoner's children. The elder was a good deal like him, and used to follow him everywhere. The prisoner seemed to be fond of him. The prisoner closes his evidence in defence (enquete.) Crovm witnesses in Kebuttal. 1. Auyuste Qucsncl, Esq., Sheriff: I was acquainted with Narcisse Leblanc, the witness for the Crown, for three years that he worked for me. I am not acquainted with his gener.il character ; but T have heard people say that he is a gossip (babillard.) He lived with mc; iive or six months, and I saw nothing to blame in his conduct. I know Marcel Poisson, and he is reported to be a bigger gossip than Narcisse Leblanc. 2. Messire Suzor : I am cur6 of thia parish. I know Narcisse Leblanc. !>A 3. Raphad Richard : Narcisso Lcblaiic passes for an houcsfc man.- I have known him 12 years. 4. Firmin JJerr/f.roa : I liavo known Narois.-r) I/^ljlanc lor 7 or 8 year«. He has several times been in my em[)loym(.'nt. I have nothing to say against him. I should believe him on his oath. 5. Luuis Iludon : I have known Xareipse Lcblanc fur 7 or 8 years. He is con- sidered to be an honest man, and 1 would believe his oath. 0. Moise Laroclie : 1 have known iN^vrcisse ]-icblanc for these 10 years, and should take his oath. 7. I'Jlezciir OueUeUe : I have known Narcisse Leblanc for 7 or 8 yeara, and know him to be an honest man in all respects. I would believe his oath. 8. U^rgel MaUric Foissoii, Esq. : I know Narcisse Leblanc, and would believe his oath. Mr. O'Farrell addressed the jury for the prisoner in English. » ]\I. J/,inicr addressed the juiy for the prisoner in French. Jlr. IIiimilLon (in reply) addressed the j ury for the Crown in English. Mr. Eelton (in reply) addressed the jury for the Crown in Fiench. The Court charged the jury, who retired. Verdict, 26th February, 1870— Guilty. Sentence — Death. To be executed 29th April, 1870. The above is a true copy of all the evidence given in the trial above cited, the Queen vs. Elzear Guillemette, before the undersigned Judge. 26th March, 1870. (Signed) A. Polette, J. S. C. The Quekh vs. Elzear Guillemette. 1. Coroner's Inquest. 2. Deposition of Elzear Guillemette before the Coroner. Depositions, before the Justice of the Peace, of . . . ^ 3. On6sirae Richard. 4. Marie Leblanc. 5. Pierre Celestin Blais. 6. Philippe Blais. 7. Letter from the Solicitor-General to the Coroner, U. M. Poisson, Esquire. 8. Sentence of death pronounced upon Guillemette. ' 9. Indictment. Canada. Province of Quebec, District op Arthabaska. No\ 1. INQUEST. In duo form, held on behalf of Our Sovereign Lady the Queen, in the Parish of St. Chriatophe d'Artliabaska, in the County of Arthabaska, in the District aforesaid, on the twenty-fifth day of September, one thousand eight hundred and sixty-eight, in the thirty- Becond year of the reign of Our said Sovereign Lady Victoria, by the grace of God, i ('; town has lould con- lould ■ him e his iueen of St. 3n the ihirty- ' God, if yB HB if [: 1 ii ii! i- 26 Queon of tlio Uuitctl Kiiii,'(lom of Clroat l^iltian iind Iroliui'l, DefoiulDr of tho Faith, bisfuro Ur/^'ol ^Ic'ilorii! Puissoii, Es([iiir(', (Juroucr of Our said Qticcii for the said District, having iindiiv vitiw tlio hudios of Ifi'iirietto CJoridroavi, wifo of Klzcar Guilleiiiette, farmer of tho saitl Parisli of St. Chri.stoplio d'Artiiabaska, and of Joseph Na[)(ilc'oii, aged four yoan'., and of Mar;.' j\rthc'..ii:;c, ngod ou's year, du-ir two cliildrcii, there and then lying dea,'rul. Tlioro wen- no sti'unj^iM'.s ut llir lioiisi-. It wu.i alu nl. i'i;,'lit d'cUnk wlu-n we wont to bed. My wifo and I wcro in thn .same liod. In the night, 1 cannot toll at what hour (th'^ clork was not j^'iiinj.'), my wifi^ wuko mo up askinj^ mi' to i^'o and fetch wood to mako a tiro ; siio coiuijlaiiied of the eold. I went and cliopjied wood. 1 lightt i tho iiro in tho .stove, and 1 lay down nour the stovo. At tliat moment my wifo was oufju^ed in aniBsin;,' tho littlo ohiid wlio was crying, .\sfor me, I went to .sh'of) aijain at once. And a thii'lv smoki^ woko .n • up, I do not know liow lon;^ after 1 hii 1 jjonu to sleep again. I made up my minli th;il tho housi^ was on lire, for which reason 1 at onee went out to call help. Bofoft! going out, I called to my wife telling her to got up, that the house was on fire. Beliovinj; that my wifi- had heard my erics and that slu^ would save the children, I ran about tho vicinity of the houso, crying for help. .My nearest neighbor, Mr. Charles Powell, who lives on tho north, about t..'o arpents and a half awiy, and my brother David Guillomette, on the south side, about three arpents away, i^eforo these neighbors arrived I made every possible ellort to enter tlio house. I broke the four windows on the four sides of tho houso, but then tho llames and suKjko issuing from those openings )>i'ovented me from going in. I called my wifo, but withotit reply. Once when I forced in tho door, I thought 1 heard a wonk voice. Tho first ]persori wlio camo to help, was Celestin Hlais. I do not know what ho did,-! was stitlod snd choked by the smoke. 1 cannot identify tho human remains wJiich I have just seen, in coiisef|uenco of their great state of calcination ; but I entirely believe that tliey arc* tho rcniains of my wife and my two children, because they were tho only human beings then '" t'lo 1 iirned house. This deposition being read o\i r Uj ihe witness, ho i)ersist3 therein, declar'ng it con- tains tho truth, and hath signed. (Signed,) Elzkar Guillkmkttb. Taken and acknowledgeil before me, 1 tt n*^ - ./ -n r, xi 1 • i.t I U. Medebic Poisson, Coroner, on tlie day, in the year y n^J-,, and at the place aforesaid. ) True copy, (Signed,) B. Tiiinoux, JuNR., Deputy Clerk of the Crown. Coroner. No. 3. Province of Quebkc, ) District of Artiiabaska. j The examination of Onesime Richard, farmer of tho Township of Wotton, in the District of St. Francis, taken under oath this fourth day of December, in the year of Our Lord, one thousand eight hundred and sixty-eight, at Arthabaskaville, in ihe District aforesaid, one of Her Majesty's Justices of the Peace for the said District, in the jtresence of Elzear Guillemetto, formerly a farmer of tlie Parish of St. Christojihe and Arthabaska, to-day accused before me of having, he, the said Elzear Gnillemette, on the 24th day of September, in the year of Our Lord one thousand eight liundred and sixty-eight, in the parish of St. Christophe d'Arthabaska, in the District aforesaid, feloniously killed and murdered one Henriette Gondreau, his wife, and two of the children of the said Elzear Guillemette, and the said Henriette Gendreaii. The deponent, Onesime Richard, declareth under oath as followeth: I am a farmer, and I live in the Parish of St. Ilippolyte de Wotton. I am twenty- one years of age. I know slightly the accused Elzear (Tuillemotte, I saw him at Wotton last autumn after hay-time, but as I do not know the days of the month, I cannot state the date precisely. I saw him again on the Sunday before the fire which took place at his house. The last time that I saw the accused was during the retreat or tniiuuvi which •was held at Wotton last autumn ; the triJunui took place on the Tuesday, Wednesday and Thursday, I think in the week when the fire took place. The last time that I saw the 97 accused boforo t!ic flro Jio camf to my lioiiso tit Wotton, on Sunday, in tho forenoon. He went away on tlieTb\und;iy following, which was in Klio week of tlic fire. I left i/iy Itouae ia the inorniu;; to <,'o to tiio frulnuiit, on tlie hist (hiy, Thursday, about seven or oi;^ht o'clock the inoiMinr; ; at the lime the a'-enscd hail not left our house, I rotiiriied homo alioiit noon. Tlio iicouso 1 liiid •^im<.' aw.iy in tho rneftntiine. From Huuday till Thursday the accused stayed at my house, huriiiji; that time, that is to say, tVoni Sunday till Thursday, my futhor-in-law, Narcisse ihinc w:is at my liouso with his family. One of !iis dauE;iiters, my sister in-law, is called Marie Iiel)h;nc ; she is now married to ono Prosper ]5cauchene, of Wotton. She lived at tho house of the aceuscd a little more than a month ijefore the Hi'O. T went to the house of the accused on the Thur.sday nii^'ht before the tire, where! remained until Saturday morning, e.Tcept that I went to fetch a loail at Narcisse Leblanc's, two miles and a half or three miles away. On tho Friday morning there was a wrangle. The accused .said that, he wished to go and look at lands at Wotton, and his wife, tho deceased, wished to go with him. The accused said to her that ho was afraid that she would do as on the first occa.'jion, not go and see tho lands, and she replied that she did not like tho place. The .accused said to her that lie ]treferred buying at Wotton. The wife of the accused replied to him that if he went and bought at Wotton she would not go and live there. The girl Leblane said that if Mr. (Iiiilleuu'tte was going to Wotton, she would go too. The accu.sed, his wife, Mai'ie i.eblanc and I wore present at this convers.ation, which took place at the house of the accused, which consisted of but a single apartment. When Mari(! Leblanc said that she would go to Wotton with tho accused, the wife of the latter s.aid that she had as much business as her to go to Wotton. She said that she had more business than IMarie JA)i)lane to go to Wotton to see the lauds, since she was to reside there. Tlu;i'eupon ^laric fjcblanc answei'i'd that slio had as much business a.s she, (Madame (juillcrnette.) to go to Wotton. Tiier;.'Ui)on the deceased, !^^adamo Guillemette said to me: "See, Mr. Richard, she says .she has as much business to go to Wotton as I." I observed that Marie Leblanc wished to go and see the place, as her sister was married. Madame Ciuillemette answered me, "Ah I that is not it, Mr. Richard, be sure if you knew as much about it as T, you wouhl not tell me that ; they ,^,j iato the field, they talk of me and they make ajestof me." She, (Aladame Ouillci'nett. ' - '^jWit of the accused and of Marie Leblanc. During the time when I w;is at the house o*' thi> ii.cused, in the week before th.e fire, his wife said to me that Marie Lehhmc wiis a little slut, that she was too fond of other women's husb.'inds, th.it she went out with the iiccii>!'d to ;-pend the evening until nine or ten o'clock at night. While I wms fit the house of the iiccused, on the occisiou in question, the accused appeared to agree pn ay well with his wife, but .she wnmgled ;dl the time. During those days, Madame (jiiillemette sevcnd times told .Marie Jicblme to go away, because she brought trouble into the household. The accused rejilied, " Here is a business, you are hired, you will remain and fini.e in good liealth, lie would find means of getting rid of her. He said tliat it was not easy for him to Jove his wife who scolded him ho much. He added that " between this and a fortnight I think I shall be free." I remarked to the accused when he said that he wished to ]n- rid of liis wife, that there would be justice for liim as for all others, notwitli.standing that liis wife might be wicked. Thereupon, he did not reply, and began to cry. The accui^ed inld me that he could have no pleasure at home because his wife scolded him whenever he arrived. After finishing milking the cow, I went to strain the milk in the dairy. The accused was at the door engaged in liarnessing his horse, and he told me that he tliought that in a fortnight he would be clear of her, speaking of his wife. After I had goiK^ into iiie house, wlien the accusi>d was starting, he came to find me, and said to mo that he wonlil return in a iortniglit, and tliat lie would speak to me. He did not tell mo what he wislicd to talk to me about, but, by liis manner, I understood that he wished to speak to me of marriage, and 1 was (piite convinced that it was of that that he wished to speak to me. About a i'oitnight before my departure from the house of the accused, he took me to the races at St. Yietoire. While I w.is at the house of the accused I washed him a couple of times, h'.'cause lie was too late for mass, and I also combed his hair. Cro3s-exnmined : It appeared to me, from the language that the accused used to me, that he wished to sjieak to me of ni'irriage. Wlien he spoke to me in the Held, I told him ho might hold his toiiuue, and I endeavoured to discourage iiim. When he went away 1 said notliing to him. AVhen the accused went awtiy from Wotton, I saw him put in the seat of his vehicle a parcel of clotlies, among others tlie jacket which he now has on, of grey stuff, and a pair of trousers of the same. I do not remember liaving seen anything else. lie-exnmined : I saw no other clothes than the jacket and the trousers put into the accused's vehicle. And the said deponent saith nothing further, and declaretli that she cannot sign. (Signed) Mauie x Leblanc. The foregoing deposition of Marie Leblanc was taken and sworn before me, at Artha- baska, in the District of Arthabaska, on the day and in the year liereinbcfore mentioned in first instance. (Signed) U. Meredic Poissou, J, P. True Copy. B. TiiKROUX, Junr., Deputy Clerk of the Crown. 30 No. 5. Provi:tember, in the year of our Lord one thousand eight hundred and sixty eight, in the said Parish of St. Christoplie d'Arthabaska, in the district aforesaid, feloniously killed and murdeied one Jlenriette Gendroau his wife, and two of the children of the said Elzear Guillemottc and of the said Heui-ieLte Gendrcau. Deponent Pierre Celostin Jjlais maketh oath and saitli as follows : I am aged thirteen years, and the son of Celestin Blais, Farmer of St. Christopha d'Arthabaska, where I reside. 1 know the accused, whose house was burnt this fall. I went to the house of the accused on the afternoon preceding the burning of his house with my three little brothers. The accused arrived from Wotton, at half-past three in the afternoon. I do not know wliat day of the week it was, but he had been five days gone and he went on Sunday in the nioniing. The wife of the accused was baking three loavea for us, and I went with my little brothers to furnish her with wood. She had no wood for the wants of the house but three or lour sticks. The accused had not arrived Avlien we went to Ins house about half-paiit one. On arriving, the accused, after having entered, asked his wife if she had become Avor.se. Tliereupon she said nothing. She had had a toothache. Thereupon he went to unharness, and found his colt shrunk in the flanks (clanche). After tliat he came to the house and beg;,u to v, ranglo, and after he went up to the garret, he saw that a little flour had been thrown into some bran. It was the wife of the accused and myself who had thrown the flour in the bran. In coming down he said, "When I am not here everything is wasted." After tliat lio changed his clothes. Tie took oft' a pair of pants and a vest of homespun and a frock and a coat of black cloth; ho also stripped his feet, taking oft" a pair of gaiters and a pair of white woollen socks, and he put on his feet slippers which he had dyed with copperas. I'hey were boots wiiicli he had made himsell' and of which he liad cut the legs. The boots I speak of were lik(> these I wear, made of red leather and blackened with coj)peras. They were not store boots. ^V'iien the accused took off" his gaiters, he put them at the end of a cliest M'hich was ]ilaced against the wall near a bed, and he placed the clothes he took ofl' on the bed near the trunk. He put on other clothes that were in the house. IL; liad loft outside, in his vehicle, a jacket and pants of grey homespun. After having wrangled with his wife, the accused said to her, "One or other of us must take to the woods." After 'hat he went to the fields, lie Avent all tdone. I saw the cloth coat which Guiilemette t' . .iccused left on th.e bed, on his back on the Sunday after the interment of the wife of the accused. It is not the coat now shown mo. It was a coat of cloth. There Hearsiiy evidence was before the fire a girl of the name of Marie Leblanc at the house of the objected to. accused who did not agree with the wife of the accused. During the wrangling wliich took place on the eve of the fire, the woman Guiilemette said to her husband before me that he was very fond of the Leblanc girl. The accused began to laugh, and mad^i no other answer. Madame Guiilemette sr.id to him that he was happy only with the little Leblanc. ]\Iy mother Ciune about dusk to the liousc of the accu.ed the evening before the fire, and the wife of Guiilemette said many things to her about her husband and the little Leblanc. During the conversation I amu.sed myself with my little brothers on the other side of the stove. I did not take notice of what was said. I imderstood that Madame Guiilemette said that the girl Leblanc had taken an English thistle and had whijtped tiie .iccused with it under the blankets, that Guiilemette having sworn an oath at lier, she went uid threw it out. My little brothers and I had cut wood for the night. There was part of it at the door and the rest in the wood. WitneBS 31 adds: when the accused camo down from the trarret as I said above, he took oft' liis socks. His wife said to Iiiiu to keep them on. lie took tium off, s:iyliig, '' you will perhaps not make me any more of tliom." (Question : Why did you add tliat last remark to your deposition ? Ansicer : It is because I wished to siy it before and I did not think of it, and it is because he had said it bcl'ore me and 1 wished to tell it. Question : What did you come here for, and whit oath did you take? A)iswer : I came here to tell what (juillemette, the accused said before me, and I have sworn to tell the truth. Question : When the accused said in your presence '• one or other of us must take to the woods," did he add anything else ? Answer : No,— lie started at once to 2:0 to the field. The accused declines cros.s-examiiiinLr the witness. And further deponent saith not and declareth that he cannot sign. Celestin + Blais. The foregoing deposition of Celestin Blais was received and sworn before rac, at Arthabaskaville, in the district of Artliabaska, on the day and year hereinbefore iu the first place mentioned. (Signed,) U. Mkiiedic Poissox, J. P. A true copy, ^ B. Theroux, Junr., Deputy Clerk of the Crown. No. fl. Province of Quebec, District of Arthabaska. Examination of IleloTse Gagne, Philippe Blais, Joseph Philemond Brassard, Charles James Powell, all four of the parish of St. CJiristophe d' Arthabaska. Taken under oath, this ninth day of December, in the year of our Lord one thousand eight hundred and sixty -eight, at Arthabaskaville, iu the district aforesaid, before the undersigned, one of Her Majesty's Justices of the Peace for the district, iu presence of Elz6ar Guillemette, heretofore a fanner of the said parish, accused tliis day before me, of having, he, the said Elzear Guillemette, on the tweiity-fouitli day of September, iu the year of our Lord one thousand eight hundred and sixty-eight, iu the parish of St. Christophe d' Arthabaska, in the district aforesaid, filoniously killed and murdered one Henrietta Gendreau his wife, and two of the children of the said Elzear Guillemette, and of the said Henriette Gendreau. The deponent, Philippe Blais, declareth under oath, as follows : I am ten years of a,^e. I am son of Celestin Blais, with whom I live. We are second neighbors of the house Elzoar GuiUenii'tte lived in, and which was burned this fall a few days before the exhibition. I went with my three brothers, one cjf whom, Pierre, is older than I, and the two others younger, to the house of the accused on the day he returned from Wotton. It was the eve of the fire. Wo went there on getting up from dinner, and we remained there un^il our bread was baked at dusk. The accused arrived about threo in the afternoon. I was in the house when he arrived. He asked his wife if she was worse. She answered, "No." He .afterwards went to the stable where he found his horse neglected. He said to his wife that she had allowed his hoi-se to suffer. He said that quietly. On returning from the stable the accused changed his clothes, after going up to the garret, but I do not know why. After coining down from the garret, he scolded his wife because she had put bran in a box in which there was a little tlour. TIic accused took off in changing his clothes a coat of black cloth, pants of homespun dyed black, a little black frock and a vest. Ho put these clothes on the bed. He took off his gaiters !i 82 *nd })ufc tliyui boliiiid a oliest, and lie j)ut on an old pair of Lewf wlipjiars. He took off a pair 'of white socks ho liad on his foi^t and put them in his gaiters. The wife of tho accused said to hiui, " Keep your sucks on." And tho a"ciis:Hl answoi'od her, "You will 23erha})3 not juake mo any ni^ro. I will Jiot put ihuni on." Coming down from the yarrot the accused scolded his wife arivl said to her, " One of us two will parish to-night." He looko 1 as usiial when hi aaid tlieso Avords. lie v/ns not angry, he was iu good Imnior Avhen he fi;ud that. "While I was thf;ro my mother came for her l)rcad. Qucatioii ol)- QiuiHliu.i : NVhllo you wore tiicre did t!ie dceeaseJ, Henrietto iearJJiy 'ov^i- tfendreau, liol 1 ccnversition with your mother'] dence. Hue toi I W'v a great deal about tho little Leldanc. She said that little Leldanc h'.vd taken the troa!)h! to go out for an Huglish thistk^ while tho accused was in bed and that she raised tiie blankets an