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Thi to Th( po) of filn Ori be( the sioi oth firs sioi Or i Th« sha TIN whi Mai diff enti beg righ raqi met Thir item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqu* ci-dessous. ^°^ 14X 18X 22X 12X 26X 30X lex 2CX 24X 28X J 32X Tha copy filmed h«re has baan raproducad thanks to tha ganarosity of: Seminary of Quebec Library L'axamplalra film6 fut raprodui. grAca A la g6n■ /3r TJlri TRUE PAETICULAEr^*^"' OP THK AWFUL OP MR. R. CORRIGAJNT, FARMER IN ST. SYLVESTER, AT THE CATTLii SHOW HELD OCTOBER 17, 1855, AS REVEALED AT THE TRIAL OP Richard KeUy Francis Donaghue, Patrick Donaffhue, George Monaghan, Patrick O'Neill, John McCaffrey, and George Bannon, CHARGED WITH THE CRIME OF MURDER BHFOaa THE COURT OF QUKS.V3 HEJfCH, QUEBEC. *■• (■^--^''Nfc ,^ ^- '"^-^-~x-'V'"v,-'-.^-\ ^,. QUEBEC: TRIXTED BY R MIDDLETOX, SAULT-AU-MATELOT STREi OF MOUNTAIN HILL. 1856. w\ THE DEATH OF MMWl CORRIGAN. A TRAGEDY IN FOUK ACTS. re- hminary meeting of Eed-Crossmen fi farm-sef vant, who could not be suspected of espionage, inasmuch as he was a Canadian and a Roman Catholic, and his mother tono-uo was French. That poor man, who, by the wav, was not so ignorant of English as not to understand the meaning of words in that tongue, listened. It was arranu-ed by the ten or twelve persons present at the barn that one McCaffrey should object to Corrigan's judgment with regard to the sheep, as he had two to be adjudicated upon and might do so with safety ; that one latrickDonaghue should, during a probable altercation, slip behind Corrigan and f( that, inforn rators immoi other. John Franc: ?rhan, Hagai where award to do I his har j'udgme when I him on reeled i him doi ously ai lay as i Kelly k while h( make h upon Cc yet don( back a s Corriga] comL,tos^ tinctly 1] yelled fv, then att( up on hii faced ma gan wit] Corrigan was a del to exclaii one to sa ings had i ill and fell him to the earth with a blow from a heavy stick that, on th,s benig done, a whistle would be Iwen mform otuors of the party ; and that then allthf con^ni- immoTeable. 1 he cowardly conspirators were true to fi,.l, other. Let us name them. They were Rfch„VdK-«ii John McCaffrey, Patrick O'NeiU Patrick nl I '' Francis Donagh'ue, Edward Do ighuem^^^^^ ;f nr»:iiw. Ss^Sifxri^^ judgment was unsatisfactorj he would iud^? nn ^ }^l -f K^' '^*"''", ■"""■ ^<"' " "">">™t or two Co^&ar , kIii. I V'f% '^''^^- ^' "''de an effort to rise tnt K<% knocked Coij.gan down with his clenched to an while he was prostrate, leaped upon his body amHo make 1,,,, o„,. 5^,,^ f^j \^ J lastincimnresl,? upon Corngan, hopped upon his bowels. Kel y had Z yet done enou-rh. He came off Corrigan's bodv stem^, CorL"an'fribr\r\?r ""'' «™ telling licf^' v/onigans ribs. The kick roused the sufferer frnm hi„ comaoseness. Tlie words-" I am murdered/' ^Te d yS ed'frant";! ,T "r ^"^"'"^'"g -^^-d, and the fien . yeiiea frantically. Corngan rolled over on his sidp ^,> i then attempted to rise. He seemed to be lif^Lg himse np on his hands, face downwards, when an old vXu t>''wTh 'a' * ''VT' ' ^♦^PP^'l »P and struVSri." -^ tr^aVm^d; tSrX^^anTp S'c^il had rewarded him with a blow froui his bludgeon. Stock- mgs brotlier and liis brother-in-hiw were taking- him home. How Mrs. W oodward escaped the reward due to her from fiueh a pack ot pious scoundrels, it is difficult to divine, 1 ediaps It was because Richard Kelly began to perceive that Corrigan was finished, and to save appearances it would be well to get him into some quiet place. That exemplary young man, who is said to be the father of a ^rgc family, lifted up his victim, with the assistance of Mr. Terence Burns, Mr. Robert Simpson, and a lad named Barnes Mckee, and trailed him away. The second scene in this interesting tragedy is also very interesting. KeUy is represented as having gor-^ to MachelPs to dine with the President of the Agricultural bociety. Probably he had a little brandy to prevent a too sudden reaction of the nervous system. There were at MachelFs quite a number of the distinguished combatants, feome of them became ''merry with wine." Francis Donaghue was jumping up and calling out for a particular description o^ Protestants ; because already his hands were reeking with Protestant blood, and he had no desire to wash them at that moment. Kelly, however suggested with astonishing magnanimity, that enough' had been done for that day, and Donaghue having replied " We'll obey your orders,'' the crowd went away. Let'us follow poor Corrigan, whose bowels had been burst, and who is now impressed with the idea that he must die. He rests for a moment upon some pine logs ; the blood pours down his face ; he is scarcely yet conscious enough to feel much pam ; he is lifted up and trailed for a short distance between two friends, who hold liimup under their arras to the house of Andrew McKee, blacksmith. There 'his clothing IS changed ; his wounds dressed, and he, at last ifi laid upon a bed. Inflammation sets in. The abu -neii of the injured man swells up. His tongue is parched — There is a cry for " water," " neater," " water." There i« yet m him hope, not of life, but of being able to reach home to die. The morrow comes, and with it increased suffering There is now no hope even of being able to go home — •' To a Mrs. Montgomery the sufferer says, " I will ncTer pass your house nprain, nor sec my poor cliildrcn " Th« physician, the chT,ynuu,, nnd tl.c- .nu,.r/tru ' o^^^^^ p'' parations nvc mndv. lor douih 'Vh.. .1 • • ^ '^' hope the Ho,.,y,„„„ ,„;!;;:";•„ ^!:^.t'u:z:' ::tz earth. Cor>.igan..s wife eel'. t^ti^^^^O^^^^l^ZJ who IB pmyi,,}; for hi.s .,,„r,lc.rcrs, for ,-«h ,.,.?' oved, and for hi. ehilclriM.. Dea h con c at ^ „ • ''^ before he ,,l„n.a.,s in his sting, Corr CI vlke'iriV'''. faying, "Kdly is n,y mnrderor " Tl ? com "^L ,, '".'^ nud^the curtain i... ..„on the ..ond^llJiTthlr CS Mr:;:-i^-grvt;!:^'f?i npheavmgs throughout the Toun'rv • t , .J . without having aceo.nphshod their 'olicct ',? ''""'' On the.r return the railway cars are th/o.nfoif " ' k . arre ts of persons supposed to have wilfuliy c ' accident are made. Canada, east a-ul west is fearfully excited, and while the governr neut L Mat nothing will come of it to their di.saiivanf.io-,. render themselves to the gaoler of Quebec ®' ' ,•!''£' fourth and liLst act of the trao'edv lll-oti.„i * , mdeed like all Shakespeare's histml K^t?)!"!' wl t'L'"""'^ "' '*• ^''"' Fi««"«'s are pla ^d in tl,^ foTlfing Sin? '^^L f II tS " i? T --'-5 about McCatrery ; rdowi^a^t ' u ci^^^s'S'^'at:^ Patrick Donaghue, who occasionally Lclianires ! fnr^ assassin-like look about Monaghan • 'and . ' °f "^""''y doubting look about the others Th'e room i, fl ^r"?'^ people. On the bench are tw o Jud^sTr ^ot a^r^t ■»1: m 8 with tlic judicial ermine on his shonldcrs, and evidently Kip^hinor to be off the quarterdeck once more to rollick, as WHS his wont, in the forecastle. He is primed with jokes. He is, indeed, to the conrt like tlie grave-digger to Hamlet. He takes up a skull to dandle it and laugh. The otl'.er is a mere politician ; a man of the world, and a Judge l)y accident. The crown business is to be con- ducted by the Solicitor Genenil. a member of parliament ; the defence by an cx-cabinct minist(M', two members of parliament, and, as rumour hath it, by a parliamentary aspirant. There arc reporters, jury men, and four-und- twenty, not blackbirds, but doctors, all in a row. There are constables-in-chief and sub-constables of a kidnev. The doors are all closed and some half-hundred of witnesses turned out of ourt. The trial })egins ; day succeeds day ; the evidence is startl gly conclusive ; the bench jokes ; the bar jokes ; tlie constables joke ; the witnesses are made to joke ; the witnesses and the counsel for tht? prisoner joke ; the publication of the evidence is inter- dicted, and that is a joke ; reporters are threatened with imprisonment, and that is a joke ; a juryman runs off to dinner, and that is a joke ; a new jury — the same old jury — is re-s'.vorn, and tiiat, of course, is a joke ; sixteen or seveiteen days pass over, and i^oOOO are spent, and that is no joke. The prisoners are at length PROVED to be " NOT GUILT V," after a peculiarly Scotch fash- ion, dictated, in a joke, of course, by Mr. Justice Duval ; and then the streets of Quebec are paraded with flags and banners ; our noble lawyers are serenaded ; our inde- ])endent judges are cheered ; and, and Widow Oorrigau nestles her orphans to her bosom, and gives vent to her grief. Thus drops the curtain, and the tra- gedy of " Robert Corrigan" is finishe«l. Ye I who can .sympathise with misfortune read • g pamphlet, which has been got up to draw attention to the case of WIDOW CORRIGAN. THE ST. m&m MURDER. COURT OF QUEEN'S BENCH, QUEBEC, 31sT JANUARY, 1856. PRESENT; The Uom. Mes.vs. Justices Dlval and Cauox. CROWN PROSECUTOR: Mb. Solicitou Gkxkral Ross. COUNSEL FOR THE DEFENCE : Chas. ALI.EYN-. M.P.P, for Putriclf Dona-hue and Monaghan Joiix 0"Fak.i-ll, M.P.P.. for Richard Kelly and Geo. Bannon AsmiEw Stdart. Esq., for Francis O'N-mI and Fraacis Dona-huo. Tlie Hon. Jka\ Chabot for Juo. McCulfroy. Richard K-lly Franel,^ Hoia^huo. Patrlc]- Dona-huo. Cr^or-n Monahan P, Xoll John M.Catrrcy. and George" B^,w^l^a'h.. mg placod in th.Mlock the indictment chi.rgino- them with th- murder of Robert Corngan. at St. Sylvester, on the 17 (h October l»f)i), WIS read. .-•hlllen^^eT'^ "^ *^^ '*'"'^°''' ^'^^'^ '^^" ^^'^^''""^ andquiic a Dumhei ^•B! i : 10 .John Paul, Michael Hanley, Jaa. FinmVan Thoma.? Rnmo t Bdangcr Thos. Bouchard, vftal Beaupre^o" Gauvrelu Patrick Redmond, Thos O'Doaoghue, Andrew Clarlv^ aS Archd Mc Donald were ultimately sworn and accepted as the Juiy *''" wiT! ^ ^T-^''?'''''^—There are two medical gentlemen in Conrt who are to give evidence in this cause. May I be nerm^L request that, when the medical testimony begins th?semeLber« dlnn °-fM"^ profession to be examined, and ncl giving fvi dence, will be required to leave the Court ' ^ ^ ^'" The CouuT.—Certainly. The names of the witnesses beln"- called nil wi.rw »,„^ x. Himmonod to attend did not appear" ' ^^^ ^^° ^^d been Mr. FAiiRELL.~An important witness, may it nlpi^*. ♦>,« Court, has made default. He Is an important wTtness for tho t fence, and may have been purposely sent out of the wav a^"' drew McKee, senior, is not here. ^^^- ^^^ Mr. SoLiciTOR—I have sent for him a distance of 200 milpc Mr. pVARKELL—That is a mistake. It was fW hkinn' t move for an attachment against him. Another and vrrv im J Co rT^Sr'^«?''^"'' *'^ ^^'^ ^^^^ compounded'the m<^^i rn^f or" nice little sum of S20 betl'^shf ;i mof^ o^fVSl.t' Oh! Mr. lung is in court. Perhaps the lady has changed he'^ CROWN CASE. ^iT. SoLiciTOR.-May it please the Court. honucide having been committed is sometimes thV solo It^^ ^^ * Murder IS rarely perpotrated in the o^fn day Go ' "[/^^"il^?- committed in the dark, or at all eventfL sTcret r w^ '* '' denco in proof of murde. must neccssar ifbc ciiifumsSnti S' TM," troubled wit^ar^ubror^^2r"a.^%hl"^cr;;^l ^ which in the d was no ' broad fa provoca encounti precauti opening In this foul, an has caui renderin It has be Why in i an impog quarellir here, but obtaining condition ing hims( brutes. tenets of ( his creed state of 1 eyes of th whether t guilty of are two verdict. phow to t] be com mil hope a ve who expec clearest in such a pai gratified. have read trust tha one to find an agricul lee ted as c the living, quire. He kill him. brave man gan, was a tempted to from the g: the prlsone 11 • which the prisoners at the bar are charged m the dark— was not perpetrated in a dungeo was no eye to witness it. This murder was comaiit' broad face of day before a number of spectators, and provocation. There were none of those harassing dourita encountered, which ordinarily beset the juror. Ordinai-ily ctcst precautions are necessary in rauliiug a statement of facts when ?r?M5^''^'^;''''^'.^''^''f ^""^^P'^^^a^Tm their statements, fnnl on T' -^ nccd neither to be timid nor squeamieh. A toul, an dtrociuus, a fearful murder has been committed which has caused' the greatest excitement throughout the country rendering your responsibility, gentlemen of the jury, the grer.tJr' It has been said that the laws cannot be enforced in Canada: Why in a country like this should the enforcement of the law be an impossibi ity ? Why should every man, or any man be Iver quarellmg wi h his neighbour ? There is no squalid poverty here, but on the contrary, there is the opportunity afforded of obtaining a livelihood in peace with the whole world. Such a condition of things is of a nature to prevent a man from degrad - hrSf oi""' T ^K•°°' *¥ '^^^'^ ^*' ^«d *« t^e condition of the brutes. In this country, we are all christians and bound bv the tenets of Christianity not to quarrel with any man on account of .Z''''^f,T '''' ^''^''^"*. °*' ^'^ ^^''^^r- Looking at the disturbed pll nf .v,*^' ''•""*'^' '^ '' '^^^ *«« '^''^^ to say that the wholo tw^I f f Pi'ovince are upon you, because it is your duty to say whether the prisoners at the bar. or any one or more of them. arJ guiltv of the crime of having murdered Robert Corrigan. There are two parties in the province waiting with anxiety for a verdict. There is the party of order, who look o vou to Phow to the country that the terrible crime of murder is not to be committed with impunity ; and there is another party, and 1 hope a very small one-some persons who look for accmittal-- who expect a verdict in favour of the accused in the teeth of he clearest inculpatory evidence. For the honor of the coun ry such a party as the ast named should not Have their expecSS gratified. I will state the circumstances of the casf as they have reached mo. I know not a single one of the jury butl^ trust that a verdict may be rendered which will defy any one to find fau t with it. On the 17th of last October there TZ an agricultura show at St. Sylvester. Robert Corrigan was sS ected as one of the judges. Corrigan is not now on tie l^nd of the living, and it is into the cause of his death tharyou are ?o en- q lire. He was murdered. There was a preconcerted plan to kill him. He was struck, knocked down, beaten and kicked A brave man, Peter Stockton, who went to the assisSce of Corrt- t?m;t!S'fnT^*'^i!'^ ''"^T^y ^'^*^"' o^^Jy because he a - STJtl 8:i«"°?' ^^e« ^e was a second time assaulted, and one of the prisoners at the bar jumped upon his belly. Froii the effects \ 'A i 12 of that injury he never recovered. There were many persons striking and kicking at Corrigan. Some, who could not get pro' perly at him to strike, kicked him from between the feet of th«- others. There was that full determination of purpose in the an- sault on Corrigan which marks the nature of the crime inteud-d to be committed, and there is no man, who has a spark of feelino' in his breast, who will not characterise the death of Corriiran as murder. It «ignifies little, however, what name I mar give to the foui transaction There will bo evidence on oatli to guidi you There will be evidence of a preconcerted plan bpeakiug ot Stockton, the prisoners said : "We have already tinished one man, he shall share the same fiite"— evidence suffi- cient of a criminal intention. There were other facts to show the correctness of this presumption. There was the dying declaration of Coirigan. The law receives such decla- rations with greater consideration than sworn testimony Per- sons even on oath have been known to swear falselv. or to'colour their evidence in such a manner as to produce erroneous infe- rences. The law presumes that at the last moment a man has no inducement on earth not to state the truth, and, therefore attaches the highest importance to death-bed testimony In his dying hour Corrigan called this thing by its right name a foul murder. I have not named any of the parties guiltv of it, nor even the brute who had jumped upon Corrigan's belly Against these men the Coroner's Jury has rendered a verdict iri the first instauce, and the Grand Jury in the second. It is for you now, gentlemen of the jury, discarding from your minds every previous impression, to watch the evidence with the utmost attention, and to render a verdict accordingly, if the evidence is weak or doubtful, you know your duty, and in such case every honest man will desire to see you acquit the prisoners You must be convmced, but, being convinced, no way is open to yon as honest men, but to give elfect to your convictions Great heed must be given to the persons giving evidence, and to the manner in which they give it. It will be easy to discover whe- ther or no a witness is relating a straightforward stor3\ For the honor of the country I trust a verdict will be returned in accordance with your convictions. Why should Canada, I re- peat, be the only place where murder goes unpunished' For a less crime, three men of the highest rank in England were lately sentenced to fourteen years transportation by a Judo-e who had dined at the same table with one of the convicts. ^Ai-e juries here not to do their duty as inflexibly as juries do in England '^ In England juries are never tampered with, and I hope that juries in Canada will also not sulfer themselves to be tampered with. These men, Paul, Strahan & Bates had means, and yet could not employ it to save themselves. Juries have been looked upon as the bulwarks of our liberties, and no Question of politics or religion, either, should be sufiered to take such a protection to liberty away. There will be an end to true liberty" if the jurr 13 box becomes a delusion, a mockery and a snare. Yet it has been said that if a prisoner has only one friend in the box, he may rely on an acquittal. This notion, baneful as it is, was be- ginning to gain ground. I hope it is unfounded. When that monitor- which is within the breast of every man regains Its sway— resumed its dominion— a man will submit to be hooted and mobbed in the streets sooner than render a verdict in opposition to the evidence. The judges will tell the jury what the law IS. You will have a large audience. The press will lay before the whole province the evidence in this case, ,r P^iblic will judge of the honesty of your verdict. Mr. Ross sat down Court.— Call the first witness. James McKee (Blacksmith) sworn. By Mu. Ross.— Know Richard Kelly and Francis Donaghue. Do not know the others. Knew late Robert Corrigan lived in parish ot St. Sylvester. Saw Corrigan last alive in his father's house. Corrigan died there in witness' arms. Thinks it was on 19th October last that he died. After his death there was an examination by Coroner Panet, at which witness was present. Before the inquest he took the body from St. Sylvester to Leeds. A Coroner's inquest was held over the body there. Witness and one William Grinnis was present at the post mortem examination. Corrigan was ill from Wednesday to Friday evening. Witness was told by Corrigan that his illness was caused by a beating which he received at the cattle show on the 17th October, 1855. Mr. O'Fakuell objected to witness stating what he had been told, and the Court sustained the objection. By Mu Ross— Corrigan walked "to my father's house alon^ with iny brother. It was then that he stated to me that he had been beaten at the cattle show. This took place between twelve and one o'clock on the day of the 17th October. Corrigan after that stated to witness the cause of his illness between 6 and 7 in the evening of the same day— Corrigan being in bed at witness' totber's, and in great pain. Mr. O'Farrell.— The prosecutor has no right to ask the witness as to Corrigan's condition. The witness was sent out of Court. Mr. O'Farrell.— It is a vicious principle to allow Crown officers to prove the condition of the injured party by h(!arsay evidence. The first i ing to be proved is, that he was in a dying The Court.— All the medical testimony in the world would nof be sufficient to get at a dying declaration : unless the man himself had a sense of the approach of death, a declaration would be of no value as a dying declaration. The question was a proper one 1 ho witness was again put into the box. By Mr. Ross.— Corrigan said that some part of his inside was broken. He said that he would never get the better of it ; and m 9m- i;> 14 Ri' ^hen asked by witness Before le Doctor should be sent for, said— no, tr» ««t ^ •. .. ' Corrigan said, it is impossible for me to get ovor It, witDc^s asked Corrlgan if anything could bo done tnrnoT ' ^^ f^""} !""''. S^o^^ grcasG aud turpentine, and then turned over on his left side, appearing to be in great pain. About one or two hours afterwards he said that he knew he would not get better. Oorrigan said something about his family, but witness o-r n "°^ T^'^' '*. '''''^' ''^^^^^ ^^ ''^re several persons in the room — a.Mr. Carpenter ,witness' mother, and one or two others. When- ever Corrigan spoke about his condition, he always said that he was very bad and would not recover. Mu. Ross.— Having put a supposed leading question,! the wit- ness was again ordered out ot Court. Mr. Ross— Wanted to obtain from witness whether or not the aeceased named a certain party as the cause of his illne<«s • 1 ^<^^'i^T.— Even if a dying man said that it was his 'impres- sion that he had received a mortal wound, that was not enough to constitute a dying declaration. The dying man must have a sense of immediate dissolution, md that he was immediately about to appear before his maker. ^ Mk Ross.— We are agreed upon that point, may it please the court, but m order to know his state of mind it is necessary to know what he said. *^ The Court.— it is impossible to believe that a man who had retused to send for the Doctor had an impression of immediate aissoiution. If a man had any hope of recovery he could not make a dying declaration. Mr. Ross.— The impression was that the man believed that he would be dead before the following morning. The Court.— The question to be put to the witness is this ;— feay all that the deceased said to you. The witness again entered the n-ox. By the Court.— Do not remember anything else that Corri«ran said about his condition and do net exactly remember when Cor- rigan last spoke about it. Gorrigaa said it w is of no use sendin"- tor the Doctor— no use that evening. He said that, perhaps, he would be able to ride home in the morning. Mr. Pacquet,— one of the witnesses.— the whole of the wit- nesses having been sent out of Court, the medical witnesses except- ed— was called in and cautioned to tell the other witnesses not to speak with each other about the evidence which they were to give to the Court. ' The examination of McKee continued. By Mr. Ross.— Does not remember much of Corrigan'? con- versation on this day, at all. About noonhib wife came, Cor- rigan said to her what he had all along said, that he would no* recover. A Juror.— Did he not say that he expected to ride home in the uiorning ? 'It 15 Mr. Ross—Asked permission of tlie Court to set the witnese aside. He had beea examined by mistake for a witness of the same name. Assented to. Edward McKek (farmer) sworn.— Lived formerly at St. Sylves- ter, but now resided at Coventry. Did not know before October last any one ot the prisoners except Richard Kelly. On the IQih ot October last, the people at the cattle show told him the names ot ten ot the prisoners. There was a fi^^ht at the show. One of the names told to him was George Bannon, and the other was that of a p.irson not in the box, Hagan. He could hardly recogniz e Kannon. He was, he thought, the young man the second from the right hand man in the dock. The cattle show took place on th^ Ifjth October last. The exhibition only lasted one day. On the second uay there was a ploughing match. Witness was then living with his father at 8t. Sylvester-Andrew McKee. There was a hght at the show. The show was on Mr Machell's farm. Witness^ was away from the ground, when tte fight began, among the cattle. The sheep wore on one side ot the field and the catt?e on the other. He was among the cattle when he saw a " muss "~a lot of people gathered together and a man knocked down. Wi t- ness ran towards the crowd and saw that it was Peter Stockton, and that they had been '' after '' beating Robert Corrl.ran. H- saw Robert Corrigan getting up fronrthe ground. There wa« blood on his face. At that moment Kelly, the prisoner, turned round and said—"' Corrigan, did you throw a stone ?" Corrigan turned round and said—" I threw no stone." Kelly replied— "J on did throw a stone," and then drew his fist and struck him \\ hen struck, Corrigan was standing up. Kelly knocked Corrigan down and then jumped upon him. Mr. Ross.— He leaped upon his abdomen Avitb his feet ? WnxEss— Yes he leaped upon his abdomen. Corrigan, when knocked do^yn by Kelly, lay on his back, and was in that position when Kelly jumped upon him. By the word abdomen witnesi* meant belly. Corrigan jumped upon him. Corrigan had fallen to the ground having been knocked down by Kelly.— Some people wanted to take Corrigan' away to the house out or the road. Corrigan said ho Avould noi; go ; they had kilk;d him and he would die on the ground. Kelly stopped up and putting his hands to Oorrigan's back said he should go and be damned to him. Corrigan was taken away by three men, one of whom was Robert Simpson, to some pine logs, near Machell's barn. Corri- gaii sat down. The crowd were in pursuit ot Peter Stockton who had taken refuge in Machell's house, and it was of no use taking him there, Corrigan sat down to rest himself. The prisoner Kelly said to Robert Corrigan as he sat down that he deserved all he got. Corrigan's head was bletding terviblv when he was taken out of the crowd. Richard Kelly was swearing terribly, and said at the pile of logs that there was not a man on the ground of his weight that was able t-. stand to fight him. Robert Simpson and witness then led Corrigan past Machell's house to the road. Some of the crowd had got into Machell's house, and some were stand ing outside. Simpsion left us, and Corrigan took witness's arm and both walked about together to the house of the witness's and a naif oif. In the housy witness's father dr father fesseu 19 Corrlgan's wound on the hoad. Thoro wctg alionf -ft',^..., round Corngan while ho lay on th. grounr A ^.od iv 1 r tliosc persons had large green stielcs in their liandt ^fhe S t m- n witness Haw going to the assistance of Corrigan was Peter Sto"k ton. He was knocked down. Anothor man whom witness '^''''- •^"'^^■'■'" ''"■ "'^•""^^'^ Canadians and tho o d Vavi / • • * '"''^'r r;^^'"^ ^^'"'■^' '''•"^^^''''' I^'^"''""t i'.u-.iUot, vrinri r ,.,.; "''' •'•;,• J''"'" ^^'^""^ *^^« '^'^••^^ '"r^'" Whore he was, and Gorno^u, was billing, undor (ho blows. Thoro was a lar-.- orowd then ; about 25 or .'JO in a oroup. Whilo witno^s wa» gom- toward tho crowd Co,-ri.:..an had lallin. ^V^itnoss could not >^ay wiio woro Ii-htinn: ; th.-y ai)i),'arvd to bofi-htiinr a.-iorur ihp,n- Ho ves; ti.y appoarod tobo boating one mnu ospociaily." (m o man, that man was Co, n.an. s("omod to ))o rocoiving the blows. RSni L'V"?''*""- ^^'*" ■'' '^^" "'^^ t"^-'^ ^""""^^ towards Corrgan, who had managed to got up a little. IJy this timo witness was g.t ing throuoh tho crowd and saw Kelly gottingl.old w. iTS'^n ^^ ''f J- ? >''■•" ^^7^^^^ bi«^ "P- Sovoral persons To lIV^ ^ "^ ^"'^'"'7 ''^' ^^^••'•i^an. Sovoral persons wanted totakeCorngan away, but he said, l(;t mo lie down a-aln.- ^^^Zr^i"^ m removing Corrigan from the ground. Corrigan appeared to be rather hoavy, and Kolly called out to witness to conie and assist h.m. Whci witnoss came up to Co ri.an 1, recognized the prisoner Kelly among tho crowd. Kolly put L right m-m round Corrigan ; Corrigan laid or rest..! the si^fof bi« WtnosiT.-^^'l''' «^^T'^^^fV''ly'H clothes with his blood.- ndw!i fh ^ the crowd striking another man, left Corrigan and followed theni. The wliole atfair only lasted two or three minutes all nf S '" *'^"„^^'^^^;1 prisoners McCatfroy and Frank Don^ llTo whob?S)''''' "''ff *'"" ^"T''' '" *''^' ^"^^' '^^Ithougli he saw tlie whole of them on the ground. Witness came rumiing up and ?m1 Ar^f^''""pr ^^^^' ^='*^ ^IcOatfroy among the c^owJl JAMKS McIvKK, Blacksmith, sworn.— Knows only two of tJio prisoners at the bar, Richard Kolly and Francis Donaglme. Knew eceased Robert Corrigan. who was a farmer. Corrigan died aT took the body to Leeds for interment, but an inquest was held on tll7^ ^^uV'^'^'^T. ?^"'* ^'^ Tuesday. Witnoss saw Corrigan noS ^} on Wednesday morning, the 17th of October-in pe, feet good health. Witness saw Corrigan in witness' own shop INext saw Corrigan between twelve and one, coming into hla J, 22 V* I fathor's hotiso with liis brother Edward. Blood was running from hiM houd all down the U;tl side of liis face upon his cout, ' The woiuidM wtro bh-nling very fast. Witness brought him into bis futht r H house, and father and witness took off his two coats ivnd ^hirts, and told Im nu)ther to wash him. \Vitne.sH tlien went to bis shop. CorriKiin said he was a ruined man, and tliat he had got what he would never get over. V/itncHs hoped it was not as bad as that, and Corrigan f.aid th(.'re was somethitig broken in bis inside. Advised hint to get wa«hed and keep (|niet, and went out to tlie shop. Witness saw Corrigan next about six o'clock ; (.orrigan then appeared to bo in great pain. Coriigan was lying oil the outside of the bed. Samuel Wal li and George Ellison were m the room. Coriigan said he was sulferiug terribly ; it was all ovfT with him, and he would never gci better. Witness uskc'd Corrigan if he knew of anytlii'i,' that wouhl relievo bis pain, and lie said if wituf-ss could get some goose grease and turpentine It WiMild do him good. Witness got some goose grease and tur- pentine and rublud it on his belly. In a few minutes the pain i)ecame wiu'se. and Corrigan turned on his side and for several minutes could not spt-ak. Witness thought he was dying. Cor- rigan muttered something to himself. Witness staid up with him all night. About half-past eiglit o'clock he became a little easier. Witue>is wanted to send for the doctor. )>ut Corrigan would not let Mm, and said it was no use seiiding for the doctor at that time. A doctor would be of no use, and could do him no good. Perhaps lie would be oble to ride home the next morning. Several times during the ni^jit he said he knew he would not get better. Next morning, Thursdiv, bo was worse, and witness sent for the doctor without his consent. lie did not attempt to ride home, nor did ho say anything about going home. On Thursday morning several of his acquaintances came in, and he told them that it was im- possilde for him to get over— that he would not recover it. During Thursday forenoon, witness came every now and thou from the s.iop to see Corrigan, to turn him over and give him a drink.— Corrigan kept one arm mostly across his breast, and the left arm extended , iie kept his legs stretclied. Had to put a board at the loot ot the bed for Corrigan to lean his feet against. Witness was not away from hi/i at any time longer than an hour. Corrigan's wife arrived between I'levcn and t\vo\vi) o'clock on Thursday ; witness' tather hnvwir go. e for ■ er. Witness sat up with him oa Irulay night. His belly seemed to be swelling. He stayed with him till twelve o'clock, and during that time applied hot flannels. W itness slept from twelve till two, and then attended up> ( 'orrigan again. Corrigan said several times, during the remaih xr of the night, thai he knew he would never get better. On Thursday night witness was present when Corrigan made his dcpusition before Mr. Pacquet, the magistrate. It was about six o'clock at mght when Corrigan made his deposition. Cross-examined by Mr. O'Fahukll— Did you see Corri'^an vomiting at any time ? Yes ; at 12 o'clock at nijrht. Did not 23 cxara.no w ftt Corriffan had vomited. Does not know who omptioA . Iv.orythM.gvvas d.mo by wUucsh' broth, r Andrew , now in Michigan, and his lathor and hin.self. Corriuan von tnl a hZ» I time about thrco o'clock in th.. mon.inK; vonlito afu-rv^^^^ every ten m.nntes till he died. From the third time ohL voinjinff. whenever ho drank water he vomited, "he thiiil vommnK waH before seven „'elock on Thnrsdny morn nl fl rank some whey ; not n.ore than two onpful« alloKel •? ThJ ['• ^- ; ^' "^ *'.'""'' '*''^'"' ^ "'^'«^'^ <•» ^VedncHday .-von hiL Mr Kuig lelt \m i)nlm> and looked at his tongue. Mr King ' enmi.w.a or an hour. A black draught wan brought fnln tl^pur Xo Could not Hay hat Mr. King wrote the pFescrintion or it ti ?£t 1 was prepared by him. Mrs. King canle witl/ it hem] 'and n. there when it was g ven. Mr. Kini/ L'avo orrW.|. inl tu '^ "\^\"» ..■atjon „f one half 5f tl,e.p„rli:;„h'2 ^l^^^ri^"'^^^""""- llic Ooui't wua then i«;iouriiud unlil 10 o'clock ou Siituidiiy. ■till QuKUEc, February 2nd, 1856. Mary McKoo sworn and examined. Witness resided at St Sylvester last October. Knew Robert Corrigan by s" to some pine logs and sat him down there. Kelly left Corrigan there, and wont into Macliell's house. Kecognised no other person on the field. Saw uol)ody go to help Corrigan. Saw Peter Stockton on tho fK.dd just as they were thrashing Corrige.n. Wit- ness meant by " they"' the three mo.n that beat Corrigan. Cannot say what the other persons were doing. William Woodworth, Tinsmith. St. Sylvester, sworn — Knew the late Robert Corrigan by sight. Knew him slightly. Last wit- ness was present witness's wife. Witness s house was in the middle of the show ground at the Cattle Show, 17th October. Was among the cattle, and hearing people shout ran down. First thing witnes-i saw was Patrick O'Neill striking Stockton Avith a Htlck. O'Neill was the fifth on his left hand. Saw O'Neill for first time at Cattle Show. To the bep^. of witness's knowledge the X)i-isoner pointed out ws»s the man. Leard a conversation about orders from F. Donoghue and Kelly. As the crowd came out of Machell's, F. Donoghue was jumping up. and calling out for any Protestant buggar in tho parish of St. Sylvester. Richard Kelly came to the door of Machell's house, andsiiowed Francis Donoghue his hands, and said there, *' Don't you see them reeking with Protestant blood." Kelly cursed at Francis Donoghue to be quiet, saying that he had done enough. Francis Donoghue said, We will obey your orders. All tho crowd then went away except. Kelly. Witness's wife pointed out to him as the assailants oi Corrigan — about 11 or 12 o'clock, that is. a quarter of an hour afterwards— Francis Donoghue and Patrick O'Neill, as two men she had f struck C Ing face soon as s face, Bi Stocking after he ' dusk, on good dea '• I ara a I ou Thurs evening ( would ue Corrigan to him tc at St. Syl ago for tl J. B. ^ took plac a gang wl o'clock, I O'Neill, . aghue, w( Donaghue do it — the and Edwa row. Pui came up 1 on the hei he struck a sheep wl first perso and there Donaghue Baid, ''" Go near the p side of the Corrigan ( John McCi Corrigan \ neck ; aft( then came rigau was jumped up Kelly was on his side (George B not sure — Bannon is 25 ; on, with Ho had ' the man •igau was Jould not Witness 1 ! Mur- suppose )ack and e crowd. L got half I was one igun was )f people sticks. — side Avith n, except JO Kelly) asiiiistod t me lit; , '■ Come got— you took him Corrigan er person iw Peter \\\. Wit- Canuot Knew the Last wit- 10 middle r. Wa^ n. First II with a MeiU for ledge the )n about uc out of t for any rd Kell> )onoghue iug with le to be hue said, ly except, lilants oi r an hour two men she bad seen in the fight ; Donoghue being the first person who struck Corrigan on th:it day. Stockings and O'xVeill were stand- ing face to face when O'Neill struck Stockings with his stick As soon as stru9k, Stockings fell, and they were no longer face to face Before he got the blow, S'lockings had turned his head.— Stockings could not have seen the blow coming. Saw Corrigan after he was in McKee's house, lyi-ng on a bed on his back, about du.«k on \\ ednesday, tho 17th October. Corrigan was moaning a good deal Witness asked him how he was, and Corrigan said, '■ i am a done man.'' Saw him again next morning at five o'clock on Thursday, when he told witness that he was worse On the evening of that day he said to witness that he was no better, and would never get better. On Friday, about dusk, witness saw Corrigan again, but only heard him ask for a drink. He appeared to hina to be very near death. Stockings resided with his mother at at. Sylvester. Stockings left St. Sylvester about two months ago for the West. J. B. NoppEU, sworn and examined.— The Show at St. Sylvester took place on the 17th of October ; witness was there. There was a gang who were organizing a row. This meeting was at twelve ^?i° M.' T K ^J'^^ ^'^^^ \iiig^n, on Mr. Machell's farm. Patrick O NeiU, John McCaffrey, Francis Donaghue, and Edward Don- aghue were present ; witness did not know the others. Patrick Donaghue was there ; he was named to begin the row— incited to do it— the rest were to follow. Patrick O'Neill, Francis Donaghue, and Edward Donaghue incited Patrick Donaghue to commence the row. Pat Donaghue then left to begin ihe row. As soon as he came np he struck Corrigan. Prisoner Kelly then struck Corrigan on the head with a stick ; witness saw Kelly, a short time before He struck Corrigan beside the horses. Corrigan was examiring a sheep when struck by Donaghue. Patrick Donaghue was the hrst person who struck Corrigan. The Judges were all together and there were no persons between them and the sheep. Patrick Donaghue came between the Judges and the sheep, and Corrigan said, " Get out of the way ; we can't see." The sheep were alSne near the place. Patrick Donaghue then struck Corrigan on the side of the head with his fist. Richard Kelly came up and struck Corrigan on the head with a stick, immediately after Donaghue. J ohn xMcCaffrey also immediately struck Corrigan with a stick. Corrigan was then standing up. McCaflrcy hit Corrigan on the neck ; after he received this blow Co'-rigan fell. Patrick O'Neill then came up and struck him across the body with a stick. Cor- ngan was then lying on his belly on the ground. Kelly then jumped upon hiin-on his back. Corrigan attempted to rise. Itelly was upoii his body, and, jumping off: began to kick Corrigan on his side. George Bannon was striking him in the hinder parts. (Creorge Bannon identified as prisoner on the right.) Witness is not sure—the prisoner is not dressed as he was at the Show, liannon is the first to the right— he has no doubt of it now - C 1 ^ 1, '5 26 I Bannon had a red flannel shirt on, and kicked Corrigan between t> J legs. Witness would not say anything else. Mr. O'Farrell.— He is too modest. Court. — The witness could no t return the compliment. (Laugh- Witness.— Francis Donaghue then came up and kicked him in the side with his feet ; Edward Donaghue came up also and kicked Corrigan in the side ; Patrick Monaghan struck Corrigan with a .^jtick ; Monaghan emerged from the crowd and said if there was a Protestant there that vvouldtake Corrigan-s part he would give him a mark. Witness then went away, as ho was afraid of his life. Patrick 0- Noil 1, Patrick Monaghan and Patrick Donaghue were present at the meeting, and John McCaffery and the young Hop- kins' were present ; Edward Donaghue and Francis Donaghue were also there ; there were others, but witness does not know their names. Patrick Monaghan is among the prisoners ; but the Hopkins' are not. Witness identifies all the prisoners at the bar. Patrick Donaghue said, '• If it was not for Tommy Cute, Corrigan would never leave the place. This was said in English. (Wit- ness repeated the words in English.) John Hogan said. " We have given him enough," and that he (Hogan) did not think that Corrigan would get over it. After the light, witness met Pat O'Neill, Pat Donaghue and Edw. Donaghue. and he heard Pat Donaghue say to Pat x^eill that he would like to have done as ha had done—to return to the field to do ho 5 O'Neill said that Donaghue had done enough, and that they need not go back ; Donaghue asked O'Neill to return, but he said no, he had done enough. Witness (in English) stated that Donaghue said, " We will have to go back to the field again." O'Neill said, " We have enough done." When Patr'ck Donaghue asked O'Neill to go back he had in his hand a maple stick of three inches in thickness; in O'Neill's cart there were three sticks. Saw Corrigan on the following Sunday, when he was dead. Cross-examined by Mr. O'Farrell.— Knows the two Hopkins, since he has been living at St. Sylvester. Does not know their Christian names, but knows them well by sight. Has lived in St. Sylvester 15 years. Knows Edward Donaghue, also. Witness identifies Edward Donaghue and the two Hopkins brought into Court. He knows John Hagan, too. There were about 30 per- sons at the assembly where they were plotting the assault upon Corrigan. Witness was at a distance of 20 feet from the meeting, which took place behind Machell's barn. It lasted about an hour; it was about 50 yards from where Corrigan was beaten ; Kelly was not at the meeting. Witness has known P. Monaghan for long before this difficulty occurred ; knew McCaflrey a long time too ; knew Kelly also ; when Donaghue came between Corrigan and the sheep, Corrigan told Donaghue that he could see nothing : told him to take care, and then Donaghue struck him ; that is all 27 that Corngan said before Donaghue struck hira : witness did not hoar Corrigau say to Donaghue, '' you have no business here ;'' did not see Donaghue strike Corrigan with his knee ; as soon as the persons ai th'i meeting told him to go and begin the row, Do- naghue went up to Corrigan and struck him ; did not hear Edw Donaguue say anything ; Edward said at the meeting to Patrick Donaghue, to go and commence the row by striking Corrigan - Uopkins was disputing at the meeting, but witness did not un- derstand what he said ; the two Hopkins of whom he speaks are the two young Hopkins formerly mentioned ; is certain that he did n-t hear what the Hopkins said when they were speaking Ha^ a good memory and does noi forget what he hears. Patrick O iNeill spoke first at the meetiiig ; Mr. Egan told Patrick Dona- ghue to go and begin the row ; he said literally, " Go and Ktart the row. and we'll all follow you;" that was all that U ivjeill said before Donaghue started ; Patrick Mon;aghan said the same thing. _ (Witness was asked to repeat what was said in hnghsh.) He said, " Go and start the row, and we'll all follow YOU McCali'rey said the same thing—" Go and bejrin the row. ^^^l^'\}l^}} ^°^^^^ ^^^^ 5" Francis Donaghue said, " Go quick- we 11 all follow you, and we'll give it to him :" Kelly said the yame as the others ; the meeting lasted for an hour, but he does not know if all remained thattime ; the two Hopkins remained till the meeting was over ; when going to the ground where Cor- rigan was, they all left the meeting together ; witness did not look at them all the time ; did not see the two Hopkins leave, but saw the Donaghue's and McCaffrey go out ; Pat Donaghue led the way, and the six other prisoners at the bar followed him • this occurred shortly after dinner time— 12 o'clock • witness did not see vyhat kind of a hat the man with the red shirt had on witness was about la yards from the ground when they were beating Corrig:)n ; Corrigan fell twice inconsequence of the blows he was receiving ; it was Patrick Donaghue, not Kelly, that felled him : McCaffrey was alongside of Corrigan during all the time ot ttie beating, Patrick Donaghue, Monaghan, Kelly, Bannon, Ed- ward Donaghue. and xMcCafirey felled him the second time • th<- • all struck him at the same time ; when one gave a blow the others followed immediately; Kelly leaped upon Corrigan's body once, and kicked him in the side not less than six or seven timt'S ; witness was on that side of Woodworth's house ; witnesi> aid nothino: but look on while they were beating Corrigan • he left immediately after. There was not less than 30 persons beat- ing Corrigan ; they were all running, and got up to where Cor- rigan was all together. Corrigan raised himself up from the ground the first time he fell ; did not see him the second time ; was not there. O'Neill struck Corrigan with a maple stick three inches thick, and then Monaghan struck him also with a stick. H feet long and 2 or 3 inches thick ; Francis Donaghue also btruck Corrigan with a stick, and so did Kellv. Knllv struck ,11'-. ml iff 28 'W once with his stick and, dropping it, jumped upon Corrlgan ; did not strike Corrigaii with anything except his stick and his feet. — Edward Donaghue, with a similar sticlc, and George Bannon with his feet and his fists struck Corrigan. McCaffery had a large birch stick, 3 or 4 inches in thickness, with which he struck Corrigan f the blows were heavy ; they all struck him with ordinary force ; thoy were doing their duty. A quarter of an hour alter, when Monaghau came out and asked if any man would take Corrigan's part he would get the same, he ran away. Witness made a depo- 81 tion before the Corroner, but did not say everything ho knew, being afraid of his life in the parish. Witness identifies a Hopkins who was present when they started to go and beat Corrigan. No one threatened him before he gave his deposition before the Coroner at the inquest. He was threatened by the young Hopkins. They said to a Mr. Mooney that if they met witness he was a dead man. Neil Mooaey lives at Patrick's Mills. John Monaghan told him he might leave the Parish as soon as he could. Witness was in Mr. Wilson's service at the time of the Exhibition — is still there. Witness was sick on the day of the Etiquette — was sick with the chills — was afraid of his life ; that was the reason he did not tell all he knew. Was not threatened before the inquest, but at Wilson's house w>\s threatened to be burned down with all the Protestants, and he ieared he would share the same fate. It was not in Wilson's house that the inquest took place. Quebec, 4th February, 1856. Wm. Lowrt, farmer at St. Sylvester — Knew Robert Corrigan. Was at the Exhibition at St. Sylvester on 17th October last. Saw Corrigan there and what happened to him. When witness first saw Corrigan on that morning he was well. Witness was on Machell's farm. The first thing he saw was Corrigan knocked down, between 12 and 1 o'clock, by Donaghue. (Witness pointed out Corrigan's assailant as the second prisoner in the box from the left.) Donaghue struck Corrigan and then hit him on the back with his knee. Corrigan tried to rise, but was knocked down again by Richard Kelly, who struck him with his fist on the left side of the head. When Corrigan fell after this blow, Kelly jump- ed upon him. Witness was not far off. Corrigan was lying partly on his back, and Kelly jumped upon his belly. Corrigan cried out, " You have killed me, are you going to murder me out ?" The prisoner on the left hand of Kelly said, '-By Jesus Christ! let us kill him out." Recognised him as one of the Donaghue's, but did not know his christian name. That is the man which witness took for Donaghue. Witness next saw a man named Hagan strike Corrigan with a stick on the side of the iiead. A whole lot then commenced kickinir Corriaan. who was. water 29 at that time, lying on tho ground. Corrigan was taken up and cirried off by Richard Kelly (the prTsoner), Robert Simpson, and Edward McKee. After they had raised him up, Corrigan begged, for Grod's sake, to be laid down, that he might die where he was ; prisoner Kelly said, " Let bim come on, he deserves all he got, and twice as much more," Corrigan was asked by witness what had happened to him, in presence of prisoners Kelly and Patrick Donagbae. Witness asked if he was very badly hurt. Corrigan said he never would recover for his inside was burst. Kelly was then assisting to carry Corrigan away, and Donaghue was within six yard^* behind him. Patrick Donac^hue told him to lay him down and they would kill him out. Oao turned round and said, *• We have killed one, let's kill another.'' Saw a man with a red shirt, called Bannon ; the man whom witness took for Donaghue in the crowd while the ftghtiug was going on. He came to Machell's door and said, " I am Bannon, let any bloody Protist- ant come out." Witness saw Bannon kick Corrigan. Bannon followed up to Machell's door after Stockings. Saw all the pri- soners at the field except McCaffrey. When Donaghue said to lay him down and they would kill him out, witness said that " any man who would strike Corrigan he would stri^ ; him " Patrick Donaghue then said to witness, *' Damn your soul, I'll kill you as fast as him." Corrigan was then off the field to McKee's. Witness got two or three • clouts' — one from Hagan, and for the others he C'luld not tell who gave them. Was in Corrigan's bedroom when Dr. Reed was there. Asked Corrigan if Mr. King's medicine had done him any good, and he said, '• No, no medicine would do him any good — all the medicine in the world was of no use to him." Corrigan did not say what effect the medicine hod put upon him. He said nothing about having taken an emetic to clear the bad blood out of him. Corrigan's face appeared like death : he looked very ill ; there were some bloody marks upon his face and head ; Corrigan's mouth was open when he spoke ; did not look whether it was open or shut ; did not examine his eyes or face. — Corrigan asked for a drink ; he asked to have his lips wet with water ; he said his head was sore ; he had no hiccup when witness was present. The Rev. Wiltjam Krva sworn. — Knew Robert Corrigan well. Remembers the Exhibition. Corrigan resided in the concession of St. Marguerite's for six or seven years. Saw Corrigan on the 18ih of October, between twelve and one o'clock, in Andrew McKee's house. He was almost double, sitting on a seat in the kitchen. The people of the house had been washing away the coagulated blood. Corrigan had been bleeding profusely, and was bleeding then. He was bleeding very much from the head. Witness did not recollect anything further until Corrigan was changed and put to bed. Corrigan put his hand upon the lower part of his abdomen, and said, when speaking tome, there wns his death- wonnd flnnld nf^t d-Jvp Gf>rriDran'« pxa^^t words. Thinks the C2 30 words were, " they have finished me." Before leaving Gorrigan witness read and prayed. Does not know exactly when Gorrigan said this, but thinks it might have been about two. Gorrigan, when visited a second time, appeared to be very restless, weak, and in great agony, turning from side to side. Gorrigan had not the slightest hope of living ; he said they had finished him. — Ascertained that Gorrigan had no hope of recovery, by looking at his head, neck, and other parts of his body, and by his p?>tting hifl hand on the lower part of his body, and his saying " they had finished him." Gorrigan had requested witness to examine him. Mr. Ross complained of the translator. If he were translator, he would give his version uncontrolled by the court. Mr. Justick Duval. — The Court was not to te intimidated. If any translator would dare to treat the court with contempt, he would instantly turn him out of court. Mr. Ross did not mean to intimidate the court, but was deter- mined to establish a principle. The Goubt. — Mr. Ross, you are quarrelling with yourself. Is there to be no judge ? Witness made an efibrt to bleed him, but did not succeed. Could draw no blood. That was about eight o'clock. Gorrigan had but one opinion, from first to last, which was, that he would not recover. His countenance was continually undergoing a change for the worse— deadly pale. Gorrigan was moving from one side to the other. The medicine which he gave him was hardly sufficiently strong. Witness tasted it. Gorrigan was full of pain. Saw Gorrigan next morning about eight. The same symptoms were as evident then as on the previous day. Gorrigan had got warm flannels applied to his abdomen : if they were re- moved for a moment, he was filled with pain. He frequently put his hand to the seat of pain, and said he had no hope of recovery. Witness was with Gorrigan during the greater part of ths three days on which he was ill. On Thursday Gorrigan said he was growing worse, and on the evening of that day he made his will in witness' presence ; it was late in the afternoon, and it was terminated by candle light. Dr. Reed was present and wrote the will. Witness prayed for him, at his desire, on Wednesday even- ing. Gorrigan went off more suddenly than any one expected at the time. Gorrigan made a statement b( ! ween the hours of one and two on Wednesday. Had witness thought he would have been required to give evidence, he would have taken notes of everything that passed. Gould not recollect precisely how often Gorrigan said he would not recover. On each of the days witness saw Gorrigan, Gorrigan said something relative to the affair. When last saw Gorrigan, it witness' memory did not fail, thinks Gorrigan stated for the last time when he made the deposition, the names of such persons as had been the cause of his illness. The deposition was taken before Mr. Paquet, a magistrate. Mr, Ross made an aDDllGation to the Court to receive the dylnff declaration. 81 The prisoners- counsel objected. Overruled. Mb. Ross read the parts of the testimony in which (^orrigan's Impression of dissolution is given, and argued that Corrigan, being sensible of approaching dissolution is given, and argQ«>d thrt Corrigan, being sensible of approaching, speedy and inevit- able death, had made a legal dying declaration. [Authorities :— Russell and Ryan, vol 1, p — ; Case of King vs Smith ; Ist Moo- die, p 99, Mosley's case ; 2nd Hoodie, 135 ; 4th book of Russell on Crime, pp 7.54, 758, vol 2 ; Chitty, 1st vol., p 585 [American edition] ; 1st Archbold, p 140 [largo Am?rican edition] ; Roscoe on evidence, p 29 : Dennison's Reports, p 33 ; same work, vol 2, p 239, Queen against Hunt.] * -m QuKBEC, Februnry 5lh, 1856, James Reed, Physician, Inverness, sworn. — Knew Robert Corrigan ; attended him in his illness. Saw him first on Thursday, 18th of October, at McKee's house, St. Sylvester. Was sent for by McKee. Corrigan was in a small bed-room in bed upon hia back. Corrigan appeared to be very weak and sulTering. Witness asked him the cause of his illuess. Corrigan said ho had been very severely beaten the day before at one o'clock. The worst symptom, Corrigan said, was the pain in his abdomen. Corrigan was vomiiing a great deal. Witness asked him if his bowels had been open since the time he had got beaten, and Corrigan said no. Witness examined Corrigan's head : there were three contused and lacerated wounds on the scalp ; there were contu- siont^ upon the shoulders, on the left arm, on the chest, on the back, and on the lower part of the abdomen. Witness examined the abdomen, and deceased said he felt a great pain there. Cor- rigan found a burning sensation : the pain was increased by pressure. The other part of the abdomen was slightly swelled and very painful. Corrigan's tongue was covered with a white crust, and the edge of the tongue was red ; he was thirsty, and called constantly for drink. His bands and feet were more cold than is natural ; his face was pale ; the eye was rather sunk. Corrigan had slight difficulty in making water, and at times the pain in the abdom u was u great deal worse, caused by the wind rumbling through his bowels, which, he said, caused a choking sensation. He said that the wind in bis bowels seemed to choke up hia throat, and that he had passed no wind downwards through his bowels. The pulse was small and hard. He vomited nearly constantly, and when he drank he vomited. Witness gathered, from what the man told himself, that intense inflammation was going on — that was, from the nature of the words generally. Witness did not intimate to Corriaran his oniuiou that he would \^- 82 not live, but did to the friends about the bouse. They all asked witness, and he told them he did not think the man would get better. On Friday morning, about six o'clock, Corrigan asked witness if he bad any hopes of him, when witness told him, no ; that ho had better got his will made as soon as possible. Andukw MoKkk, St. Sylvestt-r, sworn— Knew Robert Corrigan, who was brought to witness's house, and tliere died on Friday evening, the IDth of October last. Corrigan was brought to witness'!- house about 1 o'clock on Wednesday, all covered with blood, and 8(3cmlngly in a very bad state. He was asked if ho would like to see his wife, and Corrigan answered that he should wish to see her, but she was in a poor state of her.lth, and could not be brought out at night ; witness went for Mrs. Corrigan before dayiiglit next morning at 5 o'clock ; it was between 11 and 1 2 o'clock before Mrs. Corrigan arrived at witness' house ; the distance is about ten miles, but the road is rocky ; tea was made at witness' house for Corrigan, but he did not take any ; himself and son. Samuel Work and otliers stood around the bed when Corrigan died ; Samuel Work stood behind witness, and not more than t\vo feet apart ; was present when Corrigan signed his will ; it was in the middle of the day--a little before noon. J.vMKS ('I'AOiK, farmer, Leeds, sworn— Recollects the cattle show at St. Sylvester, on the 17th October ; saw Robert Corrigan ; about 2 o'clock, as witness was leaving cattle show, he came upon a lot of young men. and then saw a man lying upon the ground with his back up ; was coming from the cattle to go home ; bad not heard of any previous disturbances ; there were a good many people standing round ,• tliore were seven men kicking him with their feet ; he was lying down while they were kicking him ; he was neither moving nor saying anything ; two kicked him on the right side and one on the left ; three were kicking him about the head and shoulders ; this was the man they called Corrigan ; there was a man standing between his legs, kicking him in his bottom ; witness d'd not know any but that one, and him he saw for the first time that day ; witness was told that his name was Richard Kelly ; he had never seen any of tlio prisoners until that day, as he lived in Leeds ; witness thought the body was dead, because he never moved ; whilst witness was looking at him, they ceased beating him. and Corrigan got i;p upon both legs, but leaned over on one°side ; a great number of peoph; got round the man, and he was knocked down again ; it was no easy matter to recognise people in a row ; the crowd at this time prevented witness from seeino- what was going on ; the crowd and man went awy in another direction — he could not see whether the man was carried or no ; there were between 25 and 30 persons in the crowd ; wit- ness was in the road going home at that time and went straight on • he never saw Corrigan after that ;. witness had not known Kelly before that day ; know him because on the morning of that day Uc was with two acquaintances with whom Kelly came up and shook ban Kelly. TUOMAS Kelly ; w October, : judging s< John McC t »e samec —of the 1 witness tc the fir'^t p and witne priz(!, wh( sheep to displease( judges. ( judge no : whom ; 1 turned ro again ; u] man who hat with i man. TnoMAf farmer, S at St. Syl over whei he first pc a man wt his name James. 1 down — C( recognise where he or two m( Corrigan individua Corrigan that he si on the gri and die, f him said 1 next day, and lying had beat ] 33 all asked would get ^an asked bim, DO ; Corrigan, Q Friday "oupjht to »red with ked if ho he should and could Oorrigan eu 11 and )USo ; the was made ; himself bod when not more his v/ill ; he cattle ;)oiTigan ; ame upon le ground imo ; bad lod many him with bim ; he im on the about the an ; there bottom ; V for the Richard it day, as 3cause he y ceased mcd over in, and he recognise aess from awy in IS carried wd ; wit- t straight ot known \g of that ->r> nr> anii iihook hands ; witaoEs' acquaintances told him that was Richard Kelly. TuoMAS DiJRKiN, farmer, of Le<'da, sworn — Knows Richard Kelly ; was one of the judges at tbe cattle show on the 17th October, 1855 : a disturbance occurred there ; witness was after judging some sueep when Corrigan was struck alongside of him ; John McCaffrey, one of the prisoners, said that he luvd a pair of tie same class as those to wliich they had adjudged the lir.st prize — of the Loici'Ster breed ; this was said to witness and Corrigan ; witness told him to bring them up, and if they were worthy of the fir'^t prize they would get it. The sheep were brought up, and witness asked Corrigan whether they were worthy of the first priz(!, who left it to myself, and witness gave the first prize to the sheep to which he had previously adjodged it ; McCaffrey was displeased, and said if he did not get justice he would have other judges. Corrigan said, then, if that was to be the case he would judge no more. He was thci struck, witness does not know by whom ; thinks the blow fell upon the head ; it was with a fist ; turned rouud to see who struck him, and saw Corrigan down again ; upon that witness cleared out of the place altogether ; the man who struck Corrigan had blue clothes on him. and a black hat with a white buckle in front of it ; he was a slender young; man. » Quebec, Cth February, 1856. Thomas Chomwell, (a head worthy of old Oliver himself), farmer, St. Sylvester, sworn. — Knew of the row at the cattle show at St. Sylvester, on the 17lh October last. The row was nearly over when witness first carai to it. Was about ten rods off wheu he first perceived the row Saw a crowd as if they were beating a man who was in their midst. Saw one man that he was sure of ; his name was Hagan, and witness thought his christian name was James. Hagan was rushing forward towards tlie man who was down — Corrigan. Knows it was Robert Corrigan. for witness recognised him when taken up. Saw Corrigan carried out from where be was beaten. Richard Kelly, Terence Burns, and one or two more whom witness does not recollect, helped to carry Corrigan off the ground. Only got up close enough to recognise individuals when they weie carrying him out. They wanted Corrigan to walk, but be said be was not able. They insisted that he should walk. Corrigaa wanted thom to let bim sit down on the ground. He said, " boys, let me lie down on the ground and die, for I am killed, and am done." Some man that was with him said that he had got what ho deserved. "Witness saw Corrigan next day, about 9 in the morning, at McKee's. He was in pain and lying in bed. Corrigan told witness he was done ; said they had beat him badlv. and that he would never or'^t over it. He did 1 i ■m It* it 34 not tell witnoHS who thoy were, but eaid ho know them all. WitncBn told him ho would j^ot over it ; Coirigaii said " No, I will nevor r.30 again ; I'm a done man ; had they boat mo lair It would have b«oa nothiiifif, but thoy all toll upon mo and I'll novor got over the way thoy have boaton mo ; i'il uovor rise off tho bod I lie ou.'' He said he thoiif^ht he would have got over it all, only fo;* tho kicks ho got. l)id not ivMnoinbLT anything else, lie said the kicks wore al)oul the l)olly and privato partes. Thomas Adamson, fiirmor, sworn : — Ressidcs at Pt. Sylvester. He is aged 16. liomombors the Catilo Show ; it was on tho 17th October, last year. Tlicro was a disLurbanco. It was between one and three o'clock, and ill John Machell's field. The first thing that witness saw was Pal rick Donaghue strike Robert Corrlgao on the back of the head with a stick. (AVltnuss, a voiy intelli- gent lad, readily pointed out DoDughuo in the box.) — Wituosa also sawGoorgo IJanuon strike Corrigan with a stick ; Donaghue and Bannon struck one alter tho other. Witness saw I'addy O'Neil kicicing Corrigan. llannoa is tho prisoner next to thb man on tho extromo right. — Tho uort was Richard Kelly; ho saw him jumping on Corrigan. Corriguu was then lying on his back. After Kelly jumped on Corrigan ho jumped off again. Kelly then kicked Corrigan once. Patrick Monaghan struck him with a stick. Tdontilied all tho prisoners except the one on the off-side, (McCaffrey.) Wiincss saw Frrnk Donaghue kicking Corrigan, too. Relieves that is all he knows aboutit. All that he named wore at tho row. Witness might have seen McCaffrey too, but not to know him. Did not kiiow one Dwire. Witness was locking at the cattle some .sliort time before the row began. Cannot say what first attracted his attention. There were per- sons running from the place whore tho horses were, but witness does not know who thoy wore. Did not stop till the row was all over. lie got out of the road. -Corrigan on the was lyinj^ ground, when witness last saw him ; did not see him taken away ; Pat"ipk Donaghue struck first ; Paddy O'Neil. thei'o is.no mis- take in it, struck him next with his foot ; Richard Kelly jumped upon him after that ; Pat. Moniigha:i next, and then Frank Do- naghue ; there were otlier persons beating Corrigan, but witness does not know wlio they were ; saw Corrigan taken out from the crowd by some persons whom witness did not know very well, as he was by tliat time two acres off ; Corrigan was not taken away while witnesp was alongside of him. Witness does not re- member tho precise words used either by James Donaghue or himself. Did not remember having said he would get a new coat by it any way, if swearing would do it ; could not have forgot it, if he had said it ; it was witness' business to what church he belonged ; witness attends Mr. King's church ; never learned tho catechism. The Solicitor General.— Perhaps there is no catechism in that sect. I 85 I Witness.— There is a catccbism of ♦he Church of England ; wit- ness had road it over, but never leai.icd it, no one ev»'r expiaiued to witness the nature of an oath. (Witness sent out of Court.) Mr. O'Farrcll.— If witness had not had it explained to him, ho must have got his knowledge flora God Almighty himself, or been initiated by some one. *he Court.— The question to bo put to the witness is whether he believes in a future state of rewards and puniKhments. Witness recalled.— Does not know the nature of anoath • ho does not recollect having seen anything in the catechism about the nature of an oath. By Mr. Koss.— Witness does ^ot know what he is oblij^cd to say when upon oath. Docs not know what would happen to him if' hu told a lie upon oath. Mr. Ross. — Is there a place of punishment ? The witness was turned out of court. The prisoners' counsel contended that Adamson's evidence was not admissible. Mr. Ross was under the impression that tho lad thou'^'bt the questions had reference only to punishments in this world. ° The witness was called in. By Mil. Ross.— Witness believes in a future state of rewards and punishments. Guesdcd that ho meant that he would be punished in the next world for telling lies. If he told a lie upon his oath supposed it must be the same way. He wuul I be punished bv iho Almighty. Supposed people who told lies upon their oath would go to hell any way. — (Laughter.) TuE CouiiT.— There is enough- to go to the Jury with a littlo observation. Mb. Ross would save the observation. Witness.— A lie told i pon oath would surely send me to hell • did not know at the time what would become of him : had bIuco learned, but no one told him. pi? Quebec, 7t)i February, 1856. Mark Ellison, of St. Sylvester, aged 18, sworn.- -Was at tho Cattle Show on the 17th of October last. Thinks it took place on Tuesday and Wednesday. The Show was on Tuesday, and tho Ploughing Match on Wednesday. Knew Robert Corrigan by Bight, and saw something happen to him on the day of the Show. About two or three o'clock, witness thinks, John McCalf'-ey said he would be damned if he would have such judging. (Pointed out McCaffrey amongst the prisoners.) McCaffrey said this to the judges. There were three judges, Corrigan, Durkin and Keenan. Corrigan said he would not judge any more. Then Pat Donaghue "\£m 36 ttrutk him and gave him a kick or a punch with hiw knees, witnofli is uot sure wluch. Corngan hid his back towards Patrick DoimKhuo ; a crowd then ruHlu-d forward, and Corrigau tell. Witness could not toll what " clip " caused him to fall. Patrick Donaxhuif struck hiui, but that blow did not fell him. When they ruhhcd upon him he fell. Wilni>s could not tell what made him fall. Wiun CorriKan was down Patrick Donaghu*' struck him with his fist on the face while he was down. Among those who ruKhed upon Corrigan he recognized Patrick Donaghue and Rich- ard Kelly. Kelly was not in the crowd at first. Only knows throe of the prisoners, Patrick Donaghue, Richard Kelly, and John McCatlVey. At the fir^t onset he knew no one but Donaghue in the crowd. After they kicked him awhile Corrigan got up. They ))oat him with sticks and kicked him. He waa standing awliile when Kelly came up and struck him with his flst in the face ; the crowd rushed forward again, and Corrigan fell. Then Ilagan struck him with a stick. Kelly then took him by the arm and helped him away. Did not know anybody but Kelly and Ilagan in the second crowd that rushed upon Corrigan. Did uot notice Put Donaghue in the second crowd ; in both crowds there were about 20 persons. Both crowds were composed of the same persons. There were plenty striking Corrigan, whom wit- ness did not know, with their feet and sticks. Hagau was an old man. Witness has stated all he saw and knows. When Corrigan got up. he saiii, " Oh ! my God, I'm killed ;" he said this quite low. This was said by Corrigun when he rose for the the first time. Witness does not know if anybody heard Corrigan's excla- mation. Pat Donaghue and Richard Kelly were in the crowd. Rw'iiAitD SiTAUT, farmer at St. Sylvester, sworn— Remembers the cattle sho./ ; knew Corrigan slightly. Between Pi and I o'clock on Wednesday, witness believe.-, he saw a row—was going forward to see the sheep, when he heard John McCafiery, the prisoner, say he would not stand to Corrigan's judgment of the Pheep ; Corrigan said if that was the way he would judge no more. Corrigan stooped down to wipe his hands on the sheep when I'atrick Donagliue struck him with a stick upon the head. A mob of, perhaps, 20 or 30, or even more, instantly gathered about Corrigan and beat him, some with sticks, and some kicked him.— After^that. he got up, when a man, named Richard Kelly, ran up and struck him with his fist, and knocked him down. Peter Stockings ran forward to save Corrigan— to take him away wu.^n h" was down ; Patrick O'Neill told him to keep back. As Stock- ings stooped to pick up Corrigan, Patrick O'Neill struck him en the back of the neck, with a stick, and knocked him down.— Stockintrs was at Covrigan's feet. Kelly then seized Corrigan by the collar of the coat to bring him out, witness thinks, and wiih the assistance ol one or two more dragged Corrigan out of the crowd. Corrigan, as they raised him up, begged of them to lay Uim down so that he might die in peace. Kelly said that Cor- witness rea woman the 8t rij^an deserved all he had got, and it was good for him ; thsy tht'ti tookCorrigan otttLe ground ; thinkH Kelly Htruck Corrigau with hiH l\A upon the broast 5 Corrigau fell down then ; Kelly kicked him about the Bides and belly, to the best of witnesH know- ledge ; Kelly, in alluding to the beating, uaid to Corrigau '' it wa« damned good f»jr him.'' WitneHs has known Kelly for two or three ycarw, and doen not know Mouaghan at all ; witness has seen him some ten or Of teen years ugo. Patrick O'Neill told .Stockings to keep back ; »*w John McCaffrey strike Corrigan (witness first said he did not see McCaffrey do anything) ; wituesa now recollects that he saw McCaffery strike Corrigan with his hand — with his fist — as he was falling from Pat. Donaghue's blow. Saw blood on Kelly when the row was over, and on Cor- rigau too. Corrigan was dragged away and carried into McKe'^'s ; tliere were two men, one holding him by each nhouider ; thinks there were no more ; they were dragging Corrigan away ; he was not able to walk. RoBKBT Simpson, farmer, of St. Sylvester, sworn — Was at the (^ vttle 81u)W, on the 17th October last ; knew Robert Corrigan ; was in that part of the field where the brood mares were ; it was al)out 2 o'clock when the row began ; aboui an acre from witness lie saw a man getting beat ; could not identify any one ; witness started towards the row, but was met by a person who advised witness to stop where he w.isas he would find himself safer ; he Raw another young man. Peter Stockings was very near the man who vv'as beaten ; went towards the crowd and found two men. picking Stockings up, John Stockings and another man ; one Stock- ings — ^James Claus — is at St. Sylve^^ter : the other Stockings is in Wisconsin ; witness went down towards the crowd and saw (Jovri- gan being led out by two men, one of whom was Richard KiUy ; (identified Kelly) ; witness did not know Corrigan, but usked Kelly who he was ; Corrigan appeared to be lifeless ; when wit- ness came up, two men, the prisoner and another man. whom he supposed to be John Mullancy, were carrying Corrigan away ; witness reached them in the fiidd at some little distance from wliere he was beaten ; Paddy O'Neill was the man who struck Stockings ; was positive that at the time when Stockin'- vas struck, the person who d'd it was the man who had oeen pointed out to witness as Paddy O'Neill ; thinks, but is not positive, that it is the fourth man (Francis Donaghue) in the dock. Witness would have thought that that was the man, but liad very little acquaintance with him. Corrigan bej^f^cd of us to [nave him in the field ; he said that he v/as a murdered man, or that he was killed, witness could not remember his exact expres- sion ; he said he would die on the field ; witness thought he said — You must go on. Kelly next spoke ; believes he said. Corrigan deserves all he got ; Kelly said he was glad of it, or words to that effect ; we took him on to the barn at Machell's, and met a married woman there — Mrs. Flawes — who said don't bring him in here ; ^ilil Dl 'fl- 88 f there was a pine log at the corner of the barn on which Corrigan sat down ; witness said to Kelly, we must take the man out of this : Kelly and witness then took Corrigan by the arm until they came to the door of Macheti's house ; witness told Kelly to look in »ud see Avhat was up ; there appeared to be a noise and confusion in the house : Kelly left witness to do so, and witness helped up Corrigan himself ; Kelly did not come out, and witness went on with Corrigan to some little distance from McKee's door. Another man, young McKee, was along with him, and he took (Corrigan into his father's house ; saw Corrigan again that even- ing about sundown ; Corrigan was then in bed very bad ; some one asked Corrigan to get a doctoi , and he said, " no, it's ot no use : " witness said it might not be as bad with him as he expect- «>d and it was better for him to get a doctor ; Corrigan nodded his head, moved his hand negativ ly and putting his hand upon his belly, said—'' it is of no use, my belly is broke—the doctor can do nothing for me— it is not what I have got here (putting his hand to his head) or anywhere else, but (putting his hand on his belly) it is here." Mb. Macdonald— a Juror— The witness put his hand lower down befoi-e that. {A. significant motion of the head.) Qc'^^:kec, February 8th, 1856. JosKPH McKuTCHEON, farmer, of St. Sylvchter, sworn— Was at the Cattle Show on the 17 th October. Knew Corrigan who died on the 19ch Oct. Between 12 and 1 o'clock was by the tent near the house of Woodward. Witness beard noise- looked and saw some people beating Corrigan with their fists ; believes that more than one struck Corrigan, but was not sure ; saw a man using a Htick who struck Corrigan on the head, and Corrigan fell from the blow ; had recognized nobody in the crowd. Witness then went towards the road ; saw two men, one on each side of Corrigan, taking him towards MachelVs house : they went away from wit- ness : Kelly was ono of those taking away Corrigan ; heard Kelly say to Corrigan, " vou deserve all you have got ;" witness wai then about half an acre from them ; Corrigan said " let me down, let me lie down, I cannot go." Kelly said " you must go." They were moving him ; had not seen Corrigan afterwards that day. McCaffrey, Monaghau and Kelly were in the field ; after the fight, the crowd ran towards Machell's ; witness saw Stockings struck, at the same time on which Corrigan was struck, with a stick ; but cannot say by whom ; he fell from the blow. The Rev. John Abmstkong, Wesleyan Minister of Leeds, sworn —Knew Robert Corrigan. Visited him on Friday, the day on which he died, between 4 and 5 o'clock in the afternoon, and re- mained with him the best part of an hour. He was in great dis- tress aiid la much pain. He complained verv much of a severe 39 Corrigan an out of irm until . Kelly to noise and d witness id witness ^ee's door, d he took hat even- id ; some it's ot no le expect- ,n nodded and upon lie doctor e (putting bis hand lud lower ti, 1856. n — Was at who died s tent near i and saw tha^j more in using a 11 from the then went Corrigan, from wit- eard Kelly itness wai t me down, JO." Thej 3 that day. r the fight. igs struck, stick ; but jeds, sworn ,he day on an, and re- great dis- if a oAvfirfl pain. Before witness left, Corrigan said he believed he was a dy- ing man. Witness went as a minister of the gospel to visit hira as a dying man. At his request, witness read a portion of scripture and prayed with him. There were a couple of females in the room— Mrs. Corrigan, his own wife, and, he thinks, a Mrs. Stuart ; Mr. Durkin was there a part of the time ; the Rev. Mr. King waa there a part of the time, but left the room before he did ; there was no mention made about the sacrament in his presence. Cor- rigan's pain was so great that a considerable portion of the time that witness was present he was not able to speak much ; he com- plained ot great distress in his bowels ; in some general remarks, lie alluded to the cause of his illness, but gave no names. It wa» daylight for some time after witness left Corrigan. Cross-examined by Mr. O'Farrell.— The words used by Corrigan. as far as witness could recollect, were, " I am a killed, or mar- dered man." They were words to that eftect. Corrigan was m a state of perfect consciousness. _ ., , Mary McKee, wiie of Richard Stewart, [a previous witness]-— Knew Corrigan : did not see him after the affair at the cattle show until he was taken to witness' father's house. That was on Wednesday, the day of the show : was not at the house when C jrrigan was brought there ; Corrigan had just been washed and dressed when witness came in, and seemed very poorly : he was sitting upon a chair ; the Rev. Mr. King came to the house after that s>nd took hira into another room ; Corrigan told Mr. King the state in which he was, and requested him to give hira medi- "/me ; witness heard Corrigan speak ; witness then went home ; when in two hours after that, towards evening, she returned, Cor- rigan was very ill, and did not expect that he would ever reco- ver ; did not see him again until 12 on Thursday, when he wiw much worse ; witness left him in bed, and found him in bed ; Corri^^an said that he did not expect ever to recover ; the mie- chief was not in his head, but'' there," (pointing to his Jelly). He put his hand upon the lower part of his side ; he said that ho knew that something in his inside was broken, and that all the doctors in the world would not cure him ; Corrigan said to Mr. Montgomery, '« I shall never pass your door again— I shall never see my children again." Corrigan on his way home troni St. Syl- vester would have had to pass Mrs. Montgomery's house ; Cor- rigan did not mention any names to witness at that time ; witness remained at her father's until Paqaet and Dr. Reed came ; they both came in pretty much together, between 4 & 5 in the atternoon; the doctor went in, and Corrigan told the doctor that he was very bad and that he did not expect ever to recover ; he told him that his head was bad, but it was not the worst ; he told him the same as he had told witness before ; Paquet was then in the room ; witness gave the doctor and '' them" their tea, and then went home : this was about three-quarters of an hour before she left ; witness heard Dr. Reed say it was necessary to have a will drawn, Irl h 40 ■|. and it was for that Paquet was brought ; there was nothing said about a re*' ::oQ for its being drawn; there was nothing further said by Corrigan to Paquet and Reed, as to his condition, before she left ; it was almost 6 when witness returned ; found Dr. Reed, Paquet, James McKee, Andrew McKee, the Rev. Mr. King and William McGinnis, in the same room with Corrigan ; " we'-' were not allowed into the room — the door was shut ; told the Solicitor General what Corrigan said to Dr. Reed in the presence of Paquet ; Dr, Reed made no answer, but simply " seem !" Dr. Reed went to sleep, but was awoke about 2 in the morning of Friday, Corrigan being very bad ; when the doctor came out of the room witness asked him how Corrigan was, and the doctor said it was a very bi d case, and the chances were that he would not recover ; the doctor remained up until 5 in the morning, when witness loft ; Corrigan was very restless, and was disturbed as little as possible ; witness went away about this time, and re- turned at 3 on Friday aftertnoon, when witness found there the Rev. Mr. King and his son, and a man named Robert Goran ; the Rev. Mr. A'^mstrong came in between 3 and 4, shortly after witness's arri u, and read and prayed with him ; Mr. King was going away as Mr. Armstrong was praying, and Corrigan called Mr. King and said to him, •• 1 am going to die — I wi^h to receive the sacrament ;" Mr. King said, *' I shall return immediately to administer tte sacrament to you." Mr. King left, and then Mr. Armstrong began to read from the Bible, and witness went home ; to the best of witness recollection, her mother told Cor- rigan that there was no hope for him, and that he hau better prepare for another world ; that was on Friday morning, before daybreak ; on Thursday, the 18th, in the afternoon, witness heard Dr. Reed say. speaking of the deposition, that it was necessary not to delay it any longer ; this was about 5 o'clock on Thursday ; witness was not present when Corrigan died ; when witness went to see him on We Inesday afternoon, Corrigan told her some names ; witness heard Corrigan tell others on Thursday who beat him ; he spoke of this to several witnesses ; does not recollect to whom, as she was \^o'mg about the house, working ; v/itness cannot posi- tively say whether he said once, or more ; he certainly said it once ; does not remember having heard him speak upon the sub- ject after. Rachel McKee, of St. Sylvester (aged 14), sworn. — Was at her father's house when Corrigan was brought there on the 17th of October last ; he came to the house leaning on her brother's arm ; his clothes were taken off and washed ; clean clothes were put upon him and he sat about two hours : he had his head dress- ed by Mrs. Stuart and Terence Burns ; Corrigan went outside and returned very bad ; he was put to bed and he never rose from it 5 was in the house all day ; witness remained in the room till 11, when she went to bed ; she saw him next morning at 5 ; he was then ^ory bad, and began to vomit ; on the Wednesday bing said g further :)Q, before bund Dr. Mr. King i; " we'V ; told the presence m !" Dr. orning of ne out of tie doctor he would morning, disturbed , and ro- und thero rt Goran ,; rtly after King was an called ;o receive iiately to and then ness went told Cor- au better ig, before less heard essary not 'hursday ; »ss went to ne names ; leat him ; to whom, nnot posi- y said it 1 the sub- ^as at her 3 17 th of brother's thes were ead dress- it outside ever rose the room ig at 5 ; iTeduesday 41 evening he began to pray for himself, for his murderers, and for his wife and children ; did not hear him say or do anything else ; witness was just in and out of the room , Corrigan, on Thursday morning, about 6 o'clock, said to her brother James, in her hear- ing, that he was very bad and would not recover; Corrigan, betweon 2 and 3 o'clock on Thursday, said to Mrs. Montgomery. '• I'll never pass your door again, nor see my poor children." Witness was present about half-past four on Thursday, when she waited on the tea-table 5 the doctor was asked if he had any hopes of him, and he said it was a very hard case, and he had not much hopes of him ; wi*^ness was then present ; did not know whether Corrigan hoard that or no ; before tea and after tea. Corrigan said he was in great pain, and never expected to get better ; it was about five o'clock on Friday evening that he wished to receive the Sacrament before he died 5 Mr. King said he would go homo first and return as soon as he could, and ad- minister it ; witness heard Corrigan say on the first day, and every day after that, how he had been hurt and by whom •, he made these statements to every-body who came into the room ; he said it often every day — Wednesday, Thursday, and Friday. Mrs. Carpenter, her mother, herself, and she thinks her brother, were present on Wednesday, about 6, when Corrigan prayed ; Mr. King had been there that day ; he \ is there afteVwards, too ; witness, her mother, and she thinks her sister Mary, were present when deceased addressed Mrs. Montgomery ; witness v;as in the room most of Thursday till the doctor came ; saw him several times on Friday ; deceased's wife was there when I saw him on Friday ; perfectly sure it was on Friday afternoon deceased asked the Rev. Mr. King for the Sacrament ; the Rev. Mr. Arm- strong was there at the time ; can't name anybody to whom Cor- rigan said on Wednesday he would not recover ; the death of Corrigan has excited a good deal of feeling in the parish, and has been the subject of frequent conversation. Witness' father asked him if he would go for a doctor and he said — No, it is of no use, he did not believe he would ever get well ; witness' brother, James McKee, was there ; there was no mention made of bis going home in his cart next morning ; witness is positive of it ; Cooper wap present on Wednesday atternoon ; he wont away at half-past two ; witness cannot say certainly when .e went away ; witness was not out of the room more than five minute,? at a time from 7 to 11 ; Corrigan asked Mr. King for medicine, and Mr. King said he did not know whether he was in a fit state to take it ; Corrigan said if he (Mr. K.) had anything that he conid give to give it to him ; Mrs. King afterwards brought some me- dicine to Corrigan ; Mrs. King told them to give the medicine twice, and her mother poured the medicine out of a bottle and gave it to him — hree portions, witness thinks ; the medicine was blackish colored—the color of salts and .senna ; it was a •lear ^r A\ bottle ; the first portion was poured into a cup— - d2 fli •i'i i .ii .'• •■ t J« ' ^^^J^ ■ if 42 four spoonfuls the first time, the same the next, and witness cannot say that he got any a third time ; they were spoonfuls ; witness cleared the basins after Corrigan vomited ; there was no blood in them : the matter vomited up was thin and green ; he vomited three or four times every hour ; a doctor was sent for, because witness' father after having asked Corrigan' s permission to send for a doctor and Corrigan having refused, Mr. Har.-ison insisted upon the doctor being sent for; this was on Wednesday night, about 10 o'clock ; Mr. Harrison insisted upon the doctor being sent for ; Mr. Harrison said that he was going in that way to serve subpoenas, and that the Doctor s re- sidence was in his way ; it was Corrigan's own A^fsh to send lor a doctor on Tuesday— that it was ; it was not when Mr. btuart sug- gested it : Mrs. Stuart got her husband to go ; this was about one or half-past, and it was about 3 when the doctor came ; Corrigan was in that much pain that he wanted to send for the doctor ever after that ; that was not the time when he was becoming pale until sometime on Thursday night. William King (son of the llev. Mr. King), aged 15— Was at St. Sylve'.ter during the Cattle Show 5 knew Robert Corrigan; the row which occurred commenced about one o'clock ; witness cannot say the precise time ; witness was from 150 to 200 yards from the row when it began ; when witness arrived on the ground, Corrigan was in the act of getting up, when a man unknown to witness struck Corrigan across the head with a stick and telled him ; he then saw Richard Kelly, and, he believes, another man named Terry Burns, dragging Corrigan off the field ; and deceased asked Kelly to let him lie down for God's sake, that he could not proceed farthei. Kelly said that he must go and that he should go. and that he deserved all he got ; did not see Corrigan until about an hour or an hour and a half (about 3) at McKee's house ; did not recognize any person in the crowd ; did not not see Stockings while the row was going on ; Corrigan said to witness that he had been very badly beaten ; he was then in McKee s house ; that evening or next day he said he would not get over it, because his bowels were burst ; does not remember whether that was said on Wednesday evening or next day ; when witness went down to see him on Wednesday evening at 3 o'clock, Corrigan stalled who had beaten him ; witness was there when Dr. Reed was present but did not hear anything of moment ; was at McKee's at 12 and heard nothing about the sacrament being given to Corn- can ; witness left McKee's about two o'clock. Cross-examined.- The Cattle Show was in October ; does not remember the day of the month; it was on Tuesday, witness thinks ; witness was up about the middle of the field when he first saw the disturbance ; he was among the horned cattle, about ftn acre and a half distant from the row ; witness saw one Hogan knock Corrigan down with a stick : he struck him on toe head ; he saw a man named Keily taking him away ; it is the man with the 8potte( Kelly in tj let me do\ me die on God d— d you don't Corrigan 5 the people hat were b on the pin ground bj where Cor house ; sa house ; id^ He was re ing his 1 blood ;" see P. Don crowd, wl seen othei By Mb. naghue ws claiming j seen the p fight ; saM was sure hands," e raentionc( only two, ell's housi kicked ab LAURE^ the Cattle did not ki 7 o'clock been sent in his bed well ; on him how 1 Corrigan Reed was English ; at McKee Corrigan stomach, witness a received j Corrigan worse thu 43 witness onfuls ; ;re was green ; tor was rrigan's refused, his was insisted he was or's re- nd for a .art sug- 30ut one iorrigan ! doctor jcoming as at St, an ; the witness )0 yards ground, nown to a felled her man ieceased he could le should ;an until 8 house ; not see • witness McKee's t over it, her that less went Dorrigau Jeed was? jKee's at to Corri- does not witness n he first e, about le Hogan be bead ; nan with the spotted comforter on— the fourth ; a man named Burns assisted Kelly in taking Corrigan away . Corrigan said, " For (iod'H sake let me down ; " witness wa^ close to them then ; he said, " Let me die on the Qcld, I can't go any further;" Kelly said, " You God d—d beggar, you must go— you didut get half enough- -it you don't hold your tongue I'll give you more'' ; they dragged Corrigan away and set him upon some pine logs near a farm house ; the people were kicking and trampling upon Corrigan's beaver hat were he had been beaten ; this was when Corrigan was seated on the pine logs ; witness saw Stockings after this raised irom the ground by his brother and brotlier-in-law ; after leaving the place where Corrigan had been beaten, the crowd ran away to Macbell's house ; saw P. Donaghue in the crowd running to Machell's house 5 identities him ; saw P. Donaghue on the tlio ground ; He was rejoicing ; h^ ^•-'- jumping on the ground ; ho said, rais- in" his hands, '' .iCu.. '.■ my hands, reeking in Protestant blood ;" they woi 'i l.wi more of it before night ; did not see P. L'onaghue st ":e j one ; saw another Donaghue in the crowd, who" he does, -a think is at the bar now; might have seen others of the prisoners there, but can't say who they are. By Mb. O'FAURELi.—Witness has told all he knew ; Patrick Do- naghue was on Machell's steps when he was jumping up and ex- claiming as witness has described ; docs not remember having seen the prisoner Kelly at Machell's door, challenging any one to fight ; saw Kelly on the threshold of a\Iachell's house ; witness was sure that it was Pat Donaghue that said, '- Look at my hands," etc, ; did not hear Kelly saying anything else ; only mentioned Patrick Donaghue and Richard Kelly ; these were the only two, among the prisouers, whom he saw going towards Mach- ell's house ; swears that it was Corrigan's hat that was being kicked abc % because he hoard many people say so afterwards. Laurent Paquet, J. P., of St. Sylvester, sv/orn.— Remembcrj« the Cattle Show at St. Sylvester, on the 17th October last ; he did not know Robt. Corrigan, before that day ; on Thursday, about 7 o'clock at night, h? went to Andrew McKee's house, having been sent for to take Corrigan's deposition ; he found Corrigan in his bed, sick ; he was extremely weak, but was able to speak well ; on entering, witness tendered Corrigan his hand and asked him how he was : he said he was not too well ; witness hoped that Corrigan would get over his illness, and he said " May be ;'' Dr. Reed was present, and it was he who wrote the deposition in English ; Mr. Stuart was present at the time ; witness remained at McKee's until about 10 o'clock that night, and noticed that Corrigan was continually vomiting ; he put his hand upon his stomach, and said, each time he vomited, " its killing me ;" wfaen witness arrived at McKee's he did not know that Corrigan had received any injury except a wound in the head ; witness had seen worse than he actually was, from the blows which he had roceiven the hoad ; the only knowle(i.c:c he had of Cor. igan'a hope of rt'covery was when he said " may be ;" thinks he rcmcmberi very well e very thinjj: that passed at AlcKee's and what Corrigan Biiid relating to his condition at that time ; witness was examined Rs a witness beibre the Coroner, and thinks he remembers all that ho then stated. The deposition before the Court, being in part read, contained fhi . , tatement : — " I was called on as a magistrate : I found him ri'A' fverously ill. He told me that he did not think he would re- cover from the blows which be had received." ■Witness— The part of the deposition now read had referenc* to an occurrence in the evening after the deposition had been taken. When witness went in first, he found Corrigan looking better than he expected ; but before he went away Corrigan be- came much worse. Witness considers a man who can get np to satisfy the wants of nature, strong enough. Corrigan could not have done so when he went away. The Court adjourned at 9 o'clock, until 10 to-morrow morn- ing. Quebec, February 9, 1856. By Mr. Ross. — Paquet's examination continued. Corrigan wished to sign his name, but witness told him it was at well for him to make a cross, inasmuch as he was sick ; was not certain how often Corrigan asked for water whilst his deposition was being taken, up to the time when he was sworn to it ; thinks that Covrfgan asked once for water ; whilst on his way to McKee's. witness stopped at the Rev. Mr. King's, and sent Mr. McKee, who was driving witness, to ask Mr. King to call and see Corrigan ; Mr. King arrived soon after witness did at McKee's j Mr. King said to Corrigan that it was necessary that his (Corrigan's) deposition Rhould be taken, in order to have the persons arrested ; Mr. King gaid it was a pity to leave such men at large ; this, as far ai witness can remember, is all he said before his deposition wa» taken • it took half an hour to make out the deposition • Mr. King was there the whole evening, and witness left him there when ho went away ; witness says that the signature at the bottom of tha deposition is his own, and the cross at the right of the deposition is Corrigan's cross. , . ^ Cross-exaip.ined by Mr. CHA.B0T.~Witnes9 was about one and a half or two acres from the spot where Corrigan had been beaten with sticks and kicked on the day previous to witness' visii at McKee's ; this beating had taken place on the 17th Oct. 5 when witness first noticed the disturbance he was about one and a half nr two acres from it ; he had been judging the brood mares ; witness was then with one Dion dit Deslaurier and Richard Kelly, who were with him the judges ; Kelly had a paper in his hand and 45 i hope of emomberi Corrigan examined s all that jontained uud him ould re- :eferenc9 lad been looking igan be- et np to 3uld not w mora- , 1856. it was at 1 was not epositioa ) ; thinks McKee'B. E^ee, who gan ; Mr. ig said to ieposition Mr. King IS far ai tion was Mr. King ! when he om of the lepoBitioD )ne and a in beaten ' -visit at t. ; when fid a half I mariis ; rd Kelly, hand aa4 there was one LouIh witness was the per- that they were cora- towards the place ; assisted in judging ; there were several perrons around witness whom he did not recognize ; the judges had finished their work when the row was first noticed b\ witness ; Demers, a witness in this case, with us ; the hon who told Deslauricr and Louis Demers inencing to fight down below ; they started Deslaurier and Demers were first, Kelly went next, and witness was last ; Corrigan fell before any of us left the spot where we were standing ; witness spw him struck with a peeled stick on the head, but was too fai- off to recognize the person who struck him ; witness also saw Corrigan kicked ; Corrigan fell forward upon his face, but witness did not go up to the spot where Corrigan was ; witness stopped within three-quarters of an acre of where the row was, but while running kept looking towards the plac« where Corr/j^an was ; while witness was coming up he saw Corri- gan attempt to rise ; Corrigan, in attempting to rise, received kicks and blows 5 Dion, Demers and Kelly wont up to the crowd, wliile witness remained about three quarters of an acre off ; witness also saw Peter Stockings, a neighbor of his, struck ; Stockings was 10 or 12 feet distaut from Corrigan ; the fight lasted about three minutes at the most : Stockings brother and his brother-in- law took him towards Machell's hcuse, where he broke away from them, and wanted to go baek and fight again ; Eiockings was in his shirt sleeves at the time, and in a passion. The CouKT — A cross-examination is not confined to the examin- ation in chief. . (A slight altercation between the Court and Solicitor General about the absurdity of that rule.) The CouKT complained of the brusqueness of manner of the Solicitor General, Mr. Ross— Of my manner ! Mr. JusTuoE Duval — Yes, of vour manner ! Just ask one of word 'avored to v. may be England, your friends. I have asked Mr. Justice Caron to slip in a lor the sake of peace in Court for thes(^ two days back. Mr. Ross — The Court ir- surely mistaken. I have . treat the Court with the utmost respect ; but surel} permitted to remark upon the decision of a Judge in freely. When I spoke of " niaiseries," I spoke to the witness, &c. Witness — Seven or eight p'^-sons came running up to Stockings, when they saw him trying to run away from us ; he then Jet a shovel drop, at his sister's request, which he had picked up, and went into the house, w^ore there was a fight ; Richard Kelly then put these persons ou. uf Machell's house and off the ground ; Kelly- did so to prevent them from fighting ; this took place immediately after Corrigan 's fight ; witness then returned to the spot where <' M-rigan had been beaten ; he saw Corrigan picked up. and that Kelly assisted in doing so ; there were two others whom witness did not recognize ; Kelly arrived at the spot towards the end of the fiabt ; Deslau^ier arrived almost at the same time ; they iVl K- 46 litftrted, towards the fight, together ; there was but a few feet be- tween Kelly, Deslaurieraud Demers, in getting toCorrigan : about a moment ehipsed trora tlie time that Kelly, Deslaui'ier and Dcmers eamc up, until Kelly raised Corrigan ; witness cannot say if Cor- rigan had received any blows Irom tlie time that Kelly, Deslaurier, and Demers came up ; Corrigan may have received some blows, but witness did not see any struck ; when Corrigan was knocked down a second time, Kelly, Deslaurier, and Demers had not reach- ed the spot where Corrigan was ; he hud just started from the spot where he had been judging, and had reached about halfway ; the only person that witness thon recognised in the crowd was Stock- ings, his neighbor ; witness had no doubt that Kelly had not reached the spot where Corrigan was when Corrigan was struck for the second time ; most certainly it was not Kelly that struck Corrigan— he could not have done so for the reasons above stated ; witness is not of opinion that a person could have struck r blow, jumped upon Corrigan's body and jumped otf again, and given him five or six kicks from the time that Kelly came up until Corrigan was raised. The depositions of Stuart and Dr. Reed wera f ken to corroborate that of Corrigan, and were sent down that night by express to Quebec. By Mr. Alleyn— Knows Patrick Donaghue from his childhood. By Mr. O'Farukll— The oxen were four, iive, or six acres from the place where Corrigan was beaten ; did uot notice a crowd behind MachcU's barn before the row. (Adjourned for a quarter of an hour.) Cross-examination of I'aquet continued — Witness did not ece there any meeting immediately before the disturbance ;_ between the place where the horned cattle were and where Corrigan waa beaten, there was low ground — it was rocky and wet. By Mr. lioriw— Saw Stockings struck ; he was struck when they were repairing towards the row ; Kelly w^a with them ; Corrigan wa^ the first who was struck ; he was struck before Stockings ; before they started, Corrigan had received several blows ; Stock- ings was struck when Corrigan attempted to rise the first time ; Corrigan was struck ten or eleven times before he atfcevupled to rise tho first time ; Dion and Kelly made towards the row about the same time ; can't say which 'was in front ; thinks Demera ♦ame up before Dion iuul Jvelly ; he had ^tarled before them ; wit less saw Corrigan kicked when he was attempting to rise ; he did not remark the crowd leave Corrigan for an instant and run towards Stockings to beat him; there was no necessity for th« crowd to run towai^ds him, because they were not more than from 10 to 12 feet distant from Stockings ; there were about 40 persons in the crowd, and they were close together ; he only saw Stock- ings receive one blow, while several were beating Corrigan ; witness did not observe that the crowd ceased beating Corrigan for rtu iubiant ; oan't say whether they ceased for an instant to beat Corrlga any period o witness woul Mr. Koss— gan at all ? Answer — ] It was not to be taken 1 accused v^ e to Quebec J the police fc it at the brei to the Clerk days after ih he was not i away witnes had advised Cross-exai a police fore Si-. Sylveste Sunday he g reach St. Sy beaten besid beaten the d A\1>KEW '. Mr. O'Fai answer to lb Mr. Ross- Court. Th€ Witness.- take the dyi the afternoc this was doi recover ; w ly went for ness told Pa him to go t( petting fort) and Paquet witness wen taken by ca writing ; d< about his C( tion betvvee not underst night ; his but when tl the room ; •itlon tvas i 41 beat Corrigan ; witness, upon his oath, docs not think Kelly, at any period of the row, struclj: Corri UjjTce. — Icposition was get- a certain tion from he stands more Mr. OTabrell— No ; may it please the Court, in need of the Clergyman — (laughter.) Jons Bbidoet, farmer, of St. Sylvester, sworn—Remembers the Cattle Show on 17th Octob" "t ; saw Robert Corrigan at the Sheep Show, and he appea;.. o be judging well ; he looked well : witneHs was as near to Corrigan as he was now to the Solicitor (jreneral when Corrigan foil — he had to stop back lest Corrigan should fall upon him ; saw or heard nothing before Corrigan was Htruck ; thoy foil to and beat him, '•' deed they did j" there were nine or ten about him ; being lame, witness was afraid of them getting him down and he went to their backs like, when he saw a man, with a hop and skip like, jump upon Corrigan, who was lying upon the ground upon the broad of his back. After (ho man had hopped upon him with one foot, ^i hopped over him and gave him a kick in the si e ; ho hopped on Corrigan's belly ; the man stepped upon Corrigan and then he gave a hop (witness suited the action to the word, and gave a hop in the box, to the amusement of the Court) Peter Stockings came up to the assist- ance of Corrigan, and was struck down with a bludgeon ; that's all witness could prove, only he saw Kelly taking Corrigan away ; the dying man wanted to lie down — he said " Oh ! let me lie down and die ; I can't go further."' Before this, when Corrigan was down, he attempted to rise, but they would not let him, and beat him the more ; some of them •* catched hold of him, he thought, to keep him down — but it might have been the batin that kept him down ; " witness was not ten yards from the place ; Stockinga seemed, to witness, to be (stooping down to lift up Corrigan when lie was struck ; do not know the man who first struck Corrigan, un- less he were to see him- ; he was not good at eyesight at any rate — (went close to the prisoners) ; he thinks it was the second man from the left who struck Corrigan first — Francis Donaghue). Does not know the name of tlie man who jumped upon Corrigan ; the man's back was towards witness ; he wore apparently dark clothes ; he was a middle-sized man 5 he appeared to be a stranger to witness ; ho " strived" to see his face : he would have known whether the man was a stranger or not ; witness did not know the man at all the before he saw Kelly dragging Corrigan away Kelly was in crowd ; did not see Ke!ly do anything to Corrigan while he wa^ iu the crowd ; plenty might strike him without witness seeing them ; the first time he noticed Kelly was when he was taking Cor- rlj^an off the ground ; after the fight began, there were persons run- ninac from where the mares were ; witness would have known Kel- ly any time ; he was not among the people running from where the mares were ; witness had known him for many years. (Fran- cis Donaghue was ordered to hold up his right hand, and answer to his name); witness said that to the best of his knowledge he was the man who first struck Corrigan ; the man was a stranger to him. 4 E m 50 w William McGinnls, ro-cxamincd—Oti Thursday afternoon wo« present at Andrew McKi'e'a when < /orriRan's deponition wa? taken ; it was between 2 and 'A o'clock. On Thursday evening, Mrs. Cor- rigan. Mih. Stuart, Dr. Reed and others, whose names ho cannot remember, were present in the room where Corrigan was lying ; Corrig;\n spoke about the deposition himself ; he expressed a wish that it should be taken ; does not recollect that Corrigan gave any reasons, at that time, for rei; ring his deposition to be taken. Dr. Reed said it was reciuisite that it should be taken a» soon aa possible ; does not remember any more, but thinks Mr. McKee sent for the magistrate, Taquet ; witness was in the room when Paquet entered it. Witness was ordered out of Court by Mr. Farrell, Mr. Stuart having taken exception to the Solicitor General being permitted to go into minute evidence to contradict the tc^stimony of FaqucV Mr. Ros.s could not see where the learned counsel found that one of the reasons which had induced him (the Solicitor General) to brine up the witness was to make him contradict Paquet— it might be to confirm the statement of Paquet. Mb. Stcaut— The present examination is preliminary with the view of obtaining a dying declaration, and the evidence is thero- Ibro not admissible. The Court— You are objecting in limine, and how can the Court allow such evidence. The witness was recalled. Witness recollected very little that passed between Paquet and Corrigan; does not remember auj thing that Paquet said : Paquet and Dr. Reed had some taik, in French, in the room : they then went out together to an adjoining room ; the deposition was taken after that ; he meant Corrigan's deposition against these men ; does not remember that Paquet enquired of Corrigan concerning his state ; Corrigan said in the presence of Paquet, iii the room, that he never expected to get over it— he was a done man ; this could not have ueen said out of Paquet's hearing, having been said in a small bed room. Mu. Stuart objected to the squeezing in of hearsay evidence. The Court— The question can he put thus :— •' What did Corri- gan sa-" in answer to any remark made to him by some other per- aon. respecting the state of his health ?"' Mr. Chabot— No ! no ! may it please the Court. Mr. Justice Caron read a case in point. {A wrangle here arose, and continued for half an hour.) Witness remem\»ered no more than he had already said. The Jury then applied for leave to go out to-morrow, but Th'^ jurt regretted that the law would not allow '• 80 reason- able'* a request to be complied with. The Solicitor General suggest 1 that it had been done onc^* l)efove by Sir James Stuart. 61 Mr. O'Faureix will make an application on Monday, rolft- tive to a violt>nt articlo vhich bad appt'orcd In the Quebec (ra- zHtte, with reppoct to the trial now before th' ^^urt. lie would iipply lor a rule on Monday. It had been v»ri-en by the Re- porter for the Montreal Herald, who is also one of t^o editors ol the Quebec pajjer in (lueHtion. The ('our* Apply bv rule on Monday. The Court theu adjon.ned, it being G p. m., until Monday at lo o'clock. le room : QiJKnEC, February 11, 1856. (Abraham Ramsay, accup- "• ! having maliciounly altorcd a Rwitch on the Richmond Ua ly so as to cause the train ot earn to run off the ri.ils, wa.s arr ed, when Mr. ^^heaurae, on h\H oohiklf, applied for bis admish m to bail until the day ot trial ; hut the application was objected to by the Solicitor General. The judges would look over the depositions, and then determine as to the application.) William McGinxis again examined. By Mr. Rosh.— Did not remember saying more, either whilst the deposition was taken or after. Michael Kennefac, from St. Sylvester, sworn.-Rcmembcr* the cattle show at St. Sylvester last fall ; there was a row in the afternoon of Wednesday ; it began about disputing about judg- ng : witness saw a man lift his hand and strike a man they called Corrigau ; witness does not know who struck Corrigan with his fist ; witness was from sevn to ten yards oil ; witness could not mind what the man that a\ ., judging said, but it was to the ettect that he would not judge another sheep that day : after thet word the ^an wa« struck ; Corrigan was struck ; Corrigan was struck by a man who appeared to him to be a tall man : the first blow did not put the man down ; r.e fell after- wards but witness does not know whether it was Irom stumbling or striking : witness could not see what occurred after that as the crowd closed in around him ; he was standing at their back and could not see the kicks, or rather the parties who were giving the kicks, the crowd was so thick. Witness did not see any more, because he did not look. Being required to identity the prison- ers, the witness said the first is George Ban non, but I do not know him : the second is Patrick Monaghara, but I do not know him : the third is John McCaffrey ; the fourth Patrick Donaghue, he knew Kelly an'^ Patrick O'Neill ; but he knew none of these people in the crowd. .^ „ . By Mu. O'Farrell— After the row was over, witness saw Corri- gan walking by himself in the field ; no one dragging him. Mr. Ross asked that the depos'^on taken, when Corrigan sup- posed himself to be dying, be admitted as evidence ior the Crown '^ u '•'^ i m There were points in the depositio'i declaring the condition of the deceased. In addition to that, the deceased had stated to all the witnesses bis firm belief in the impossibility of recovery. The expression of riding home in tl j morning, proceeded from Oorrigan's consciousness of being \a a friend's house and from a natural anxiety and expectation to be taken home, that he might die in his own house and pass his last moments with his family. There never was a remote hope of ultimate recovery. But he (Mr. Boss) had other and stronger evidence to adduce. The Ccurt.— If you have stronger evidence, why call upon the Court to decide now. Mr. Ross.— The Court misunderstands mc. I have further evidence. , ,,. r The Court.— Well, then, Mr. Ross, why not bring up this lur- ther evidence at once. Mr. Rosa asked the action of the Court, independently, upon Thos. McGixXLEY, Farmer, St. Sylvester, sworn— RemcmbcrR the Cattle Show at St. Sylvester on 17th October last ; witness was near the brood mares ; when he found what was going to bo, witness ran where the sheep were, and heard McCaffrey say, " I'm damn'd if I will stand such judging !" witness went over to the sheep after having got a prize for his mare, to see if there was a chance of a prize for his sheer) ^ in answer to McCaftrey, Corrisa' aid, " if you object to ojr judgment, I will back out andjud no more ;" Corrigan passed witness behind his back, when he heard a blow given, but did not see who got it, nor by whom it was given ; when witness turned around he saw a crowd, and Paddy Donaghue close to him, but whether Pat Donaghue was the giver or the receiver of the blow witness could not say ; did not then see Corrigan ; he (witness) shoved himself over to where Mr. Ferguson, the clerk of the judges, was ; while he was conversing with Mr. Ferguson, Pat Donaghue and Richard Kelly passed, when Donaghue complained that he had been struck with a stone : the crowd were in a bustle, and witness could not se<' what thoy were at \ does not know whether they were playi » "hinty or not ; witness does not know what game they were plr. mg : certain sure they were playing a game, Jas. McKee, (re-examination)— Was in his father's house when Corrigan died ; Corrigan died in witness' arms ; he was in the room about 15 minutes immeaiutely preceding his death ; Dr. Reed, witness' father, Richard Goran and Stuart were present in the room during these fifteen minutes ; Mrs. Corrigan was then? part of that time ; Corrigan was quite conscious ; he asked wit- ness' mother, who was also in the room, for a drink of water : he said, " give me a drink of water, Mrs. McKee." Mr. Ross— State what Corrigan then said. Do not mention names ; say whether he did not state, in your presence, that his 4eath was caused by certain persons, and m what manner. The witi Mr. O'F two ago, a Is it poB'-'l Stop, st ry before i Mr. O'I day this w had previc Mr. Cii tive, it wc Mr. Roi question. Mr. Sti ceedingly publicatio mind agai tory of th( otherwise hope that in the ace immense. Mr. A.I, portion ot two or th: Mr. Rt his evidei which tht evidence extract fr Humm ly round Mr. Ai the Court Mr. Rc The Co {'rown ha day, Thui hear anyt at what t Mr. Ji the whole witness a Mr. Rc cd tc sho RiCHAI Re-exa published 53 The witness was sent out of Court. Mr. O'Farrell— Precisely the same question was put a day or two ago, and has been already answered.— (Read former answer.) Is it poe-fcle to believe that there is anything but perjury here . Stop, stop, Mr. O'Farrell ; there must be nothing about perju- ry before a question is answered. Mr. O'Farrell— It is a most extraordinary thing that every day this witness is brought back he knows a little more than he had previously stated. , . x^. nc Mr. Chabot said that if the witness answered in the affirma- tive, it would only tend to discredit him. Mr. Ross objected to such remarks with regard to a legal question. , ^ ,. .. .-, , Mr. Stuart thought the course of the Solicitor General ex- ceedingly prejudicial to the prisoners, and complained of the publication of the evidence ; being calculated to bias the puhl.ii^ mind against the prisoners. All the witnesses now knew the his- tory of the case fully and were prepared to give testimony which otherwise might not have occurred to them. He expressed a. hope tliat the Court would exercise more than ordinary vigilance in the acceptance of evidence. The danger to the prisoners was immense. ^ , ^ • j. ^ i. Mr Alleyk— The learned Solicitor General weat into that portion of the evidence relating to the declpration? of^ CorDgan two or three days ago. and had no right to go back again. Mr. Ru.s contended that if the witness committed perjury his evidence would be valueless ; but it was clear, from the courw^ which the prisoners' counsel were pursuing, that they apprehend evidence will bo elicited which may be dangerous. (He read an extract from M'Kee's previous evidence as printed.; Humming and ha-ing were heard, and Mr. Ross turned sharp- ly round and complained of it. Mr. Aixeyn— We are not to be lectured thus, may it please the Court. -r i.x ^ Mr. Ross— I do not allude to you ! (Laughter.) The Court insisted, after reading McKee's evidence, that the (^rown had alreadv obtained all that Corrigan said on Wednes- day, Thursday, and Friday. The question was put, " Did you hear anything ?" and the answer was, " Yes ; but I do not know at what time on these days the declarations were made. Mr. Justice Caron understood the previous answer covered the whole time, and It would be unjust and illegal to call the witness again and require him to give another answer. Mr. Ross.— The question was rather one of detail than design- ed tc show the state of his health. Richard Stuart recalled. , . , x, •;. .. Re-examined oy Mr. Stuakt.— Had heard part of the evidence published in the newspapers read ; there were a few of the wit-. e2 54 Mr TnancE Carov.— The testimony of the witness cannot be refused Tthatacco^^^^ ; but the Ju/y may take the circumstance '%''fos'rTtto^^^^^ of the counsel for the defence wa« given for the publication of the evidence. A slight altercation. rr^^j^ f«^ » By Mr Ross-Witnesb was present at Andrew McKee's for a fewminutes-about six to eight-in Corrigan's bedroom be- tween 6 and 7 o'clock in the evening, before Corrigan died ; there were present-McCxinuis, James McKee Andrew McKee Woodrr, and some others ; some words passed between Corngan and some one in the room during these fifteen mmutes ; it was ?o Dr Reed and James McKee ; these words had no .connection with the beating nor with the persons who had given it to him , Dr. Reed told James McKee to ask Corngan if he ^as ^n the same mind that he was all along as to the same persons that he left hS death upon : the question was put to Corngan by James KcKee ; Corrigan gave an answer ; Corrigan was quite sensi- ^^By Mb. O'FARREix-There was no conversation ^etween Mc- Kee and Corrigan at that time, but between Dr. Reed and James McKee ; Dr. R^ed told McKee to ask if Corrigan was of the same mind that he had all along been as to the men whom he left his death upon : Corrigan answered, " yes, he was ; " Dr. Reed waj in the room ; Corrigan was speaking about a minute or so ; that was four or fiVe minltes before witness left the house : Corngan was y ngonhis back in bed ; Corrigan did not while witness was present, ask for anything ; witness, when Corngan spoke about the cause of his death, was holding the basm wl le Dr. Reed was dressing his head ; did not, to the best of his knov,iedge, rwearlhatCorrigL said nothing on Friday morning when pre- Xusly examined ; Corrigan said, however, nothing to witness, Tnd he^might have sworn that ; witness is positive that Corrigan gave hirinswer while witness held the basin and Dr. Reed wm dressinsr his head ; Corrigan only spoke of one person. Mr. Ross objected to any question being put as to the tone or roice in which Corrigan spoke. . Mr. 0'FAHRKLT.-We are upon issue; 1 want to f ow *hat tde witness is incompetent to give an opinion, and is not to be credit- ed • the prisoners must have the benefit of any doubt ; the jury must already have seen enough to show that there has been a some- ^^^T^E CouRT-Less time will be lost by allowing the question to be Dut : it is a matter of life and death with seven men. Witness— Corrigan spoke neither very loud nor very low ; it waTnot so loud as usual, but any person in the room could hear Mm ; Mrs. Corrigan had been crying in the room, but was out ^"n^as thinks, at the moment ; witness did not know whether she wenVaway so that her ories might not be heard nor Uer icui's seea ; witness sa\ he stood a1 of his kno\ Kee was oi The Cou Witness swer — upo one person Dr. Reed I Corrigan ( James Mel he was eit collect the spoke ; wl bed, and ^ ward in tl spoke ; wi when dec( By Mr. question t Andrew Crown — \ six and se deceased last word Dr. Reed two room rigan if h drawn ; t question probably, than 20 b when the by Corri^ knows J^ when dec time duri the even Mr. Re to by th( Mr. Rt read ; tl was dan| TheC( the depo go as ev Mr. R McKee, i ns tcatiH 65 ace was witness saw Andrew McKee in the room, but cannot tell whether he stood at the foot of the bed or where witness was ; to the best of his knowledge witness was on the left side of the bed and Mc- Kee was on the right. The Court adjourned for a quarter of an hour. Witness.— There was but one person spoken of in Corrigan's an- swer—upon him he left his death ; there was no other but that one person ; Corrigan was lying upon his back at the time, and Dr. Reed had his hands upon Corrigan's head, dressing it ; when Oorrigan charged this i^ersou with his death he was speaking to James McKee ; Andre McKee, the son, was present at the time ; he was either at the foot of the bed or at the roora-door ; can't re- collect the names of any other persons present when Corrigan spoke : when Corrigan spoke James McKee was on one side of the bed, and witness was on the other ; McGinnis was back and for- ward in the room ; witness saw him in the room when Corrigan spoke ; witness rather thinks McGinnis was at the foot of the bed when deceased spoke, but is not certain. By Mb. Ross.— When Dr. Reed told James McKee to put the question to deceased, thinks he put the question immediately. Andrew McKee— Examined by Mr. Lelievre on the part of the Crown— Witness last saw Corrigan on Friday evening, between six and seven o'clock ; was with him when he died ; believeti deceased was perfectly in his senses until the last moment ; the last words he spoke he asked witness for a cup of water to drink } Dr. Reed was standing in the door that communicated between the two rooms : the doctor then told witness' son, James, to ask Cor- rigan if he was of the same opinion as when the deposition was drawn : tlie doctor then stepped into the adjoining room— the question was asked, and Corrigan answered ; the doctor was, probably, ten minutes out of the room : this happeneu not more than 20 minutes before Corrigan's death ; witness can swear that when the question was put by his son and the answer was given by Corrigan, the doctor was out of sight in the adjoining room : knows Mr. McGinnis well ; can't say whether he was present when deceased answered the question ; saw him in the room some time during the evening of Friday ; he was there between tour m the evening and dark. , , -x i • x -, Mr. Ross wanted to recall Andrew McKee, but it was objected to by the prisons s' counsel, and a note made of the objection. Mr Ross asked that the deposition made by Corrigan might be read ; the expression used in the deposition was that Corrigan was dangerously ill. , . . „ x^ /^ ^ * i The Court perceived that the object of the Counsel was to lay the deposition before it, so that it might be stated whether it should go as evidence to the Jury or not. , ,, o^ * >r- Mr. Ross alluded to the evidence given by Mr. Stuart, Mis« McKee, and others, to show that the deposition should be received ... t„„i.: -,^„:„^f f>,n r^riunnprs Estraordinarv Questious had M '1^ I 58 hcon put to Corrigan wbilc ho was on the brink of dissolntion, t» "„„?.!„ (VAm liim if he was still of the same mind, and the reply STlraSatfyeTavean importance to the depos^'ioa 'S Cu"St-B was'Sr SSrainary that for several day. lhe^".,^Son i^d ~f -SI '^^r'e'tc'^Xntf whVh' "■^f^r-hSthe cJurt both in the evidence of Dr. Eeed and in ?h\f ^MhtSv Mr Ktag -^^^^^^^ was made to the Eey. S i?-l tK.t Kdlv wko was said to have dined with the Presi- dent oi^toA'^onWuralSookty, was not arrested, The deposi- Swasn^tVado in view of W-hing diss^u ,0^^^^^^^^ S^^ht rt^S^'toTeS of w^hich^no 'oSnonld bo so co^ni.ant "mh O-Fluil^^'ciid not exactly understand the motive of the »tr£,™SX''ef^;dSoSrmade by Corrigan from i T?L'«Pv donee Which went to show an idea of impendnig disso- tSfon wlV the Vordfto Mrs. Montgomery-" I shaU never see mv ch Idi^n ao-ain, and will never passyour door again." Could ft^belioved that the man who refused to make his will and LwS hr^acramcnts^ time afterwards, was aware that he delayed the sacramciuh impossible, even if Mary TcKt^'. evSce s o^^^^ on, that Coi^igan had anvsich idea Miss Rachel McKee spoke of the murdered man n^Ivinf for his murderers •, yet, afterwards, he would neither see K s wl nor C childreli, no'r send for a doctor, because he thought he would bo able to ride home in the morning. 1 he toblblUyl (as otherwise the discrepancies m the evidence of f4ward aiffiames McKee, and of their sisters, could not be ac- hdwaia f^^^^'l'^\ +t^ ^Qy^ M". King who prayed for Cor- vul^at'fmmi ers. ms ast'onishing that words Ivhiih produced ^S an effect upo'^ Rachel McKee should have altogether escaped JhraUontiou of educated persons. The idea of putting a bed m rnrrilan-s caH to take him home was never thought of until Utely HcSen ran over the Rev. Mr. King's testimony, especially It regarded the administration of the sacrament Rachel McKee • f !^°^rrw«7pontradicted by the evidence of her father, her two H tws^n^^rthe Sv Mr. King and the Rev. Mr. Armstrong. SScKee co^^^^^^^^ falsely. There was aim- ^prfna hTDe^in the mind of Corrigan when he made his deposition, fhe he Juld not hTve allowed himself .to be tortured with medi- c ne The inconsistencies, or alleged inconsistencies, of f ver^' ®'A%> Jtnf^caoc wpre. lastly, forcibly dwelt upon. He would prov^e thftrMcGinnis was ploughing in the tieid, some four mUea on. .? ' * 6t e was a lin- when Corvi;?an diod. The witnesses bad all wickedly lavciitofl 1 bines that had never occurred, lie bepj.ycd that tlie Court would ^4ve the merciful bcuetit of a doubt to the prisoners, and relu?ft to allow the deposition to be read. ,.,, . ,. Mr Stuaut— The importance of the present (inaudible.) It- was essential that declarations of the nature required now to bo submitted sliould be made with a clear sense or apprehension of impending death. Authorities were read. In uUuduis? to the testimony of the w^oman McKee, he said he could not help remark- ing that the McKee family played uu important part in this trial ; they catne here undoubtedly full of prejudices and anti- pathies ; in this family, then, must have been more conversation than in any other ; a.id however intelligent Miss Mckec may bo. she— a child of fourteen years— could not get rid of certain im- nressioQS, and even uttered them upon oath : it was>hew-ho swear? distinctly to a fact not alluded to by anyone else— Corrigan f» praying for his murderers. But the young lady even testifies to CoiTigau's anxiety that a doctor should be sent for, and that Mrs. Stuart requested her husband to go for one. ,Corrigan doubtloss. had been IVequently in similar rows as that which killed him ; and it is quite impossible to believe that, in this case, ue had not strong hopes of recovery to the very last. „ , ,, ^ , ,,„ Mr Ross would be very brief in his remarks. Had there been hoB- of Corrigan's recovery it would have been much more hu- mane to have deferred it. Unless it were perceived that Corngan was dvin'^ what use was there for the deposition at all, wIk'U the deed was done in the broad light of day, and innumerable witnesses could have been obtained. Dr. Heed, it was proved, urgently reauircd the deposition to be taken, lest there might not be tiute to take it all. In justice to Stuart, he will ask him whether he was offered a sum of money to go home. , . Mr Justice (luiox— The Solicitor General wants the opinion of the Court upon all the points on which they have already decided with regard to the admlssil>ility of the dying declaration of Cor- riffan, ifecause additional evidence lias been submitted. He (Mr. .Justice Caron) had given the subject all the^ attention he was capable of. with the view of altering his decision it Nvrong, but he was compelled to say that he could not alter it.^ He bad uot seen a case in the boolcs in which preliminary^ evidence was so vtrono- as this. We have repeatedly heard Corrigan's declaration as toliis opinion of his fate ; but he (Mr. Justice Caron had never seen a case in which these declarations were so cut ott- done awav with. There was the refusal to have a doctor, and the hoj e of beincr able to go home, which wassuliicient to convince any om- that the declarations of being murdered m^re only tiie ^P;;';^;;!;;"^ of a man who had been beat.Mi badly, and ^yho '^'^.^"^^^^^ calculated to elicit pity by attracting attention >« h'« f^J'^^" f,^" There surely was no idea in Corrigan's mind oi impending death Tlirevldcnee of Mrs. Stuart, and of Rachel McKec had produced^ lU 58 of the frankness and a great impression on his mind on account ,,,^winiT intelligence with which it was given. There were facts show ng that Corrigan was, at times, under the impression of coming death The expressions about his childrei. were so touching and 10 strong thxt only for the evidence of Paquet, (there certainly we Sr pancies^between his declarations in the box and m his deposition,) and unless he (Mr. Caron) took upon himself o say tlmt he had forsworn himself, he would have considered that Corrigan believed himself to be dying But P^'^^^P^™,^^":!^ ^a hopes of recovery and Corrigan sad " i* "^^y ^'"i^ vl oTlrT-ed hope surely. If the books were referred to, it would be observed that upon a person being told that he might recover, and saying •' I am satisfied," were surely less expressive than any hope ot recovery or the words '' it may be. ' He was decidedly ot opi- nion that Corrigan's previous declaration ought not to be re ceivcd. The Court did aot perceive any essential d'ffejff ej? the testimonies of McKee and of Stuart with regard to the Posi- tion of Dr. Reed at the death-bed. At such a time people are not likely to attend much to detai^ls, and each ^ay perceive some- ting that another has not observed. Tne last declaration of Cor- rigan, in the opinion of this Court, ought not to be received Mr Justice DuvAL-There is a distinction to be made m this cafe between the declaration made on ^J.^^^^ay and Thursday and that made on Friday. Dying declarations sliou d ^f 3^^^^ with the greatest caution, less one man should ^^^ hanged lor another by a mistake of the dying man as regards identity The statements of a public officer, such as Paquet, ^^■ho, from h b lettej to the Clerk of the Crown in evidence, had no desire to ^WP^^f^ any of the facts, is not to be heedlessly thrust aside. He tells ve?y distinctly that when Corrigan was told that he might re- cover, he said, " it may be." There was some famt.t^ope then but there was another time, however, when mortifica on had bU in and the hand of death was upon Corrigan when his declaration could onlv be looked upon as a dying declaration J^ here was no contradiction in the testimony of the witness o'^^^ny /F^P^J" tancc. Iiicourts of iustice such contradictions, without 11 inten- tion we e constantly occurring. The dyi.ig declaration goes onlv to the jury to be weighed by them, and it is ior them to attach what credit^o it they please. The declaration made by Corrigan after he was quite conscious of approaching dissolution, must be received. James McKee recalled. ««„„/! ♦<,« Bv Mk Ross— a conversation took place between five and ten minites before Corrigan's death ; Corrigan was then per ect y Fcnsible ; Dr. Resd requested witness to put a certain question to Corrigan. ^ ,. Mr. O'Farrell— I'll obioct to your next question. Mr. Ross— There he is objecting to my question before hehcau it. The Cou tells you h Witness nutes befo went in to quested mc had been v prisoner ; told him, ? me ; he we minutes af Corrigan, 1 Mr. O'I Witness Mr. O'i to the que tain time, get anoth( Judge I pancy. I: WlTXESi what ?" ard Kell) about thai present, a Within fi\ standing ( By Mii considera witness t( far as in i justice be who went not go in of the offl compel h tell Mr. ( witness t last saw the depos time on will was Dr. Ri By Mii about da room pul witness Corrigan to this ef 69 ore he hears The Court— Apk any qiiestioa you please and Mr. OTam-ll tplls vou he will object. , _ WiTVESS-Dr. Reed and witness went into the room, a few mi- nates before Corrigan'. death, where Corngan was ; Di-^ Rec^ went in to dress the wounds on Corrigans head , Dr. Retd re- qaested me to ask Corri^^aa if he vyas of the same mind «^en as . had been with regard to leaving his death on l^'c^^'^'-^^lj^f y* ^ . prisoner : witness did not put the que.stion as soon as Dr Reed ?o d him,'and Dr. Reed told me a s.cond time to ask what 1 e t.)ld me he went immediately and asked him ; this was probably five minuteVafter the first time he told him ; witness then said----' Mr. Corrigan, are you of the same mind now as you have been. MrTCFaurell objected to Corrigan's answer. Mr*^O^f!rrktx— The witness has already been interrogated a» to the question put to Corrigan, and has replied that, aft^li; ;v cc'-^ tain time, Corrigan made no answer. Bringing back a witness to get another answer was opening the door to perjury. JuuQB DuvAL-It will be for the witness to explain any di>cre- pancy. He must be at present examined. ., Ai,.„f ^ WiTXESS-Corrigan turned his head round and said. About what ?" Witness replied, " About leaving your death upon Rich- Trd Kelly." Corrigan said, " Yes, I shall never alter my mind about that " Mr. sluart. Robert Goran, and his father, were nr^Siit and he beUeves Dr. Recci stood at the head of the bed. ^ViS C or ten mTnutes after this Corrigan died Witness wa. standing close to the bedwhen Corrigan answered him. By Mr. O'FARRELL-Witness : Corrigan's illness produced con^derable effect upon him. Corrigan on his death-bed a.ked witness to see iustice done to him, and witness said— <• \es, as LarfnmypoweS" Corrigan did not say what he meant by ustice beTnVdone to him. Witness formed one of a party of . who went to St. Sylvester to arrest some of the prisoners. He did not c^oTn pursuance of Corrigan's injunction but at the reques of the officer who held the Coroners warrant, who said he would compel Srn. but would rather have volunteers. _ W itncss did not teUMr O'Farrell that he went in search at Corrigan's request to witness to see justice done to him. Does not remember when he fast saw Wmiam McGinnis ; saw him in his father's house after the dTposFt on was made on Thursday night. Saw McGinnis some time on Friday morning, but at what hour he cannot say ; the will was made by daylight on Thursday afternoon. By'^'LiTiEVRk-Was present when Corrigan died. It wa«) about dark-say six o'clock! Was present when somebody in h. Im put a queLon to Corrigan -, thAnk. it ^^^ ^^^^^^^^ J^^^^^ witness su4ested the question. Ue told James McKee to a^t CorrSan-tbo precise words he could not recollect, but something tuhfseffect-i^he (Corrigan) were of the same mind as he had 60 been the (evening before, with regard to 'allril>iitinghi.^ aeaUi-blow to Kelly ? Mclvee put the qiK'stioa. The answer was " ^ es, * or ^oulethi^K to the ettcct that Kelly was the person who gave hiui his death-blow. The other persons prcseut heard the reply bKtter than witness did, as witness was farther off than they were.— MefCeos, lather and son, were supporting Corrigan ; there were home other persons present. Corrigan died a few minutes after- ^ Cross-examined by Mr. O'Farrkix— He Imghtened up a littb; about three iu the afternoon, lie had a little pain about half-past three, when he vomited a little ; he told witness that at three o'clock he lelt easier. Did not hear anything escape from any person except from his wife, who seemed to Ihmk her husband was cretting better ; did not tliink Corrigan overheard her.-- Witness never heard him say he was going to die, nor does he believe that he himself thought so a couple of hours betoro his death. ^Vitness saw by Corrigan's face, a couple of hours beiore his death, that he had made up his mind to die. The Court adjourned until 10 o'clock to-morrow morning. QuEBKC, r2th February, 1856. At the opening of the Court the Solicitor General ^.lid there had been so much time consumed in arguing points of law yes- terday, that he could not proceed to the cdical testimony betore thealternoon. . ^. ,4, RrcHAiM) Stuart, the witness under examination when the Court rose yesterday, was recalled, and, being questioned by. Mr. Lelievre, continued— Between G and 7 o'clock on the Iriday evenln«r, while I was at McKeo's, James McKcc put a question to Corri^^an in my presence. He asked Corrigan the man he lelt hiskdea^h upon : Corrigan answered that Richard Kelly was th(i miiu. It was Dr. Reed told James McKee to put this question. I was then standing at the bedside, as I have already stated, holding the basin for the doctor. William Woodward, William McGinnls, Andrew McKce. his son Andrew, James McKee and Gorham. were all within hearing ; there were others, whose names 1 do not recollect. „ , ,^t i a r ErsKCB Droi'in, of St. Sylvester, called.— He deposed (lu French)— I was at the Agricultural Exhibition held, I think, on the J 7th October last. A disturbance took place there ; but I do not know how it originated. The first thing I saw was Peter Stockings being struck on the head with a stick, I do not know by whom. The blow knocked Stockings down. Saw some persons strike another man whom I was told was Corrigan ; he was down when [ first saw him struck ; I cannot say who struck him. Ob- Borved Corrigan get up, and another man took him by the throat or neckclot who did thi elapsed be struck him. and Franci but I did n however, t QUESTIOI jected. — W Crown c( Court de facts indue it would b be given ii when he u Witneas an excited they seemt other persi they were thing in tl he fell the him away, whether h wards. V behind str had then 1 his body t wards. S cognize tl ceived a i blows ; cl wards raii take him those two rigan a U lost sight cause he blows on Cross-e part of w half or tt The crow his hands wanted t have alr( willirig t leading 1 did not 8 I ' , ■ 'i 61 or neckcloth and struck lilm with his fist on the head. The nfan who did this was the prisoner Richard Kelly. One or two mmutes clapped between the time Corrigan was down and when Kelly struck him. The prisoners Patrick Donaghuo, Patrick O NeiU, and Francis Donaghue, were in the gang, and 1 recognised them, but I did not see them do anyLliing th»t 1 remarked ; believed, linwcvcr thev were kicking up the row. QuLtIon -What reason have you for this belief ? Defence oli- iected.— Witness should speak to tacts only. Crown contended the reason might be matter of tact. Court decided that tlie witness could be only questioned as to fiictrf inducing the belief.— The witness had a facon parler and it would be better to explain to him that impressions could not be given in evidence ; he, no doubt, meant something stronger when he said '• J^ai cru.'^ . , , Witne38 recalled.— The prisoners were near Corrigan, and had rtu excited aupearance, as if they were taking part m the quarrel ; they seemed as if they wished to light and kick up a row. .he other persons standing about were quiet, but those looked as if thev were angry. None of the prisoner? I have named had auy- f hill- in theii°han,iaTiit At the suggestion of Judge Duval, the exammatiou of this\Mt- nesj* was postponed. Quebec, 12th Feb., 1856. Richard Stuart, — Recalled. i • i, u„ By Mil LELiEVEliE-Saw Corrigan on the day on which he died •, witness was there between 6 and 7 o'clock ; while witne was present, James McKee put a question to Corrigan in hi rN?itness's) presence •, James McMee asked Corrigan the man tha Le left his d^eath upon ; Corrigan said it was Richard. Kelly that he left his death upon ; the question was put to Corngan by Dr. Reed, through James McMee; witness was standing at the bed .de:as witness had before stated, holding the basin ; there we e nie^nt James McKee, Andrew McKee, AVoodward, William Mc- ainnin.Goram, »ao were all within hearing. EusEBE DROUiN,-Farmer, St. Sylvester, sworn-Was present at the'cattle Sho; in the month of October last ; there was a row. but witness did not know how it commenced ; the first thing i f5 of this wit- 3b., 1856. wliich he ile witness gan in hi* le man that Kelly that ;an by Dr. at the bed there were illiam Mc- iTas present iiere was a } first thing 63 h. fiaw was Peter Stockings struck with a stick ^J^he head, but witness does not know who gave the blow ; the >low threw Uim down : he was left there ; the crowd were striking anot^«[. P^^T soa ^itac^s did not see the body of Cprrlgan, ^f cause he did not know him ; saw a man struck, whom witness was toW wf \f '^^ ' l,n ; witne'ss does not know who struck Corrigan while he was down •, witness saw Corrlgan up again and he saw a man tak^ him by the throat and give him several b ows on the head , saw cSn kicked while down ; witness could no d;«\3^f .."P^j; ihat parts of the body Corrlgan was kicked, but h^^^^^^^^ upon the side ; thinks it was Richard Kelly wlio caught Corrig^^^^^ by the collar and struck him oa the head with his fist = l^e ti'^^ that Corrlgan was down and the time that Kelly struck ^"rrigan with Ms It may have been between one and two minutes ; he knew '^ound Co'YgaSfKelly , Pat Donoghuo, Francis Do-?bae P^^^^^^^^^^ O'Neill • thfV were pre^cut among the crowd, but witness cannofc Zy'ZCrlZ oflernniv^c). except Kelly; they were n.ar Corrlgan, and appeared to be in an exci ed state, as if th^y jere niiarrellinir • they had the appearance ot pf^rsons who wished to 2gh thef ^erelgitated , Shile the other Perf^on^an;^,,^^, quiet ; none of the prisoners had anything m their hands u> witness's knowledge ; witness saw Corrlgan taken away, and h, Either would not |o willingly, or he sank down and could not go witness saw him sink down to the ground twice falling on his face-face down : witness does not know if Corrigan sank hiraseu r was crushed d<;wn by those who were leading him out o th crowd ; while he was down with his face to the ground, a person SL him with a stick, who was behind • i v^^J^^^lJJ^^^.^Sti^*^^^^^ nnnn the lolus whlch caused him to start Coriigan naa nis uac«v ffed- the blow ^rus^ his belly to the earth ; some one then iave him kicks in the side, but witness does not know who ; w - Scou^d not r cognise the man who S^ve Corrlgan blows with a stick -he saw a man throw himself upon his belly to covei Cor- HgSom Tblows, but does not know who this man th^t wa« trying to protect Corrlgan was ; he does not ^^0^ certain y , whether they did not strike the man on the op oj Com gan in order that they should have more liberty to hit .^o^^^^a^ ' /^y,'' they got a short distance they took Corrigan by the legs and ^ the arms and carried him away ; they .^f/^f ^^^i^'^ Co^riga^^ way, because he was unable to walk ; witness never saw ^^o^^^^ alter he was carried away •, witness remarked that ^o/^^^f n uau 1^ 64 1'^ many persons on the ground ; Rom.! woro and somo wore not adtatfxl ; tho first thing that witnos.s saw was Stockings retiring backwards, with a certain number of 'lio crowd after hitn ; he ap- peared to 1)0 warding off Wowh with his hands ; witness thinks t ^.ockingK hud only a waislf it on ; haw no doubt of it ; docs not think he had a coat on , when Corrigan was ra'.od Irora the ground for tiio llrst time, two men of those who were beating him wished to tiiko him away ; one was on each sidi of Corrigan, rid had hold of his arras ; witness might know thew, but he could not on his oath state who they were now ; when they took holdot them, one on each side, he appeared to witness to lay back as it he did not wish to go. Corrigan could not move his urms ; ...) appeared to witness not to have much power to do anytning ; there may have been a minute between the first and second time that he frll : witness does not recollect who the person was that struck Corr'gan on the back with a stick ; ne has known tho pri- soners, whom he has named, for several years, and ho cannot say which, or if any of them, struck the blow with the stick ; witness does not think that it was one of the four prisoners he has named, who struck the blow ; witness has no doubt that it was not one ot those whom he has mentioned ; when Corrigan fell the second time, he remaine' . ininute or two upon the ground ; wi less saw Corrigan all the time— he kept his eye constantly upon him ; did not see any one jump upon Corrigan while he was on the ground the second time : a person might have jumped upon hiin without witness seeing him. as there was a crowd there, but witness was within s-^eing distance ; it would be difficult for witness to say ; it might have been done ; it was hard for him to see on account of the crowd of people ; witness was near the line fence, and the others were near that too, where the sheep were in a line with them ; he knows Deslaurior, Demers, and Paquct ; they were th(^ iud^es of the horses : about ten minutes before th^ row, witness saw them near tho brood mares ; they wero judging the mares, and appear d at tlio time to be finishing them ; the closest ot the horned cattle woro within two acres and a-half of the r: . c. " furthest from the row was otf about an acre and a-half •. •'^r. there was considerable confusijn in the crowd during the r... the best of his knowledge, when the man stiuul: Curngan vath a stick. Kelly was nearest to Corrigan's head, but witness is not certain : ho did not see Paquet, ]>eslaurier, an': Demers, during the row : after they had done striking Stockings, they looiced at Jiim on the ground, and then tlv y returned to Corrigan ; witness d 1 not remark that Stockings had anything in his hand ; when Siockino-s was stiuck, a woman and Stockings' brother succeeded in taking him away, although he did not appear willing to go : tho number of people around Stockings increased as they reac'^ed Machell's house, and when there, the crowd was large ; there were about fifty persons on the ground, but they did not all take part in the row ; Corrigan and Stockings could not have jointly takcn part in the fight ; they were both separated. Mil. Ross with the e' iho blame being elici Cross-ex since they By Mi«. ' Stocki! ^ 1 thirty pera gan ; ho st was about tent and y. and a half Elib Nc row at St. his brothe Mr. O't object in v iJaptiste J testify.to I Mr. Ro was rcqui and that 1 show why fying bef( The Co chief, at i (Some JEA.N B was at thi a great ri were judg and the p the row v saw that guish wh man dow b'lt coulc Ui..' ne ' gave thei those wl. body sai( know hii oft* ; the Kelly ; 1 reeugnis 6S Mil. Ro*'? ooraplainca of the length of the cross-examlmUion, with the evideut intention of protractins the trial, and attucliing tho blame to him. It occurred to him that nothing material wiv* ^""crostevamination continued.-Without doubt there was no tight since they be.it him ; there was no other liglit >"»* . tTo'^'p^ht • By Ml... 0-FAmiKTX.-Did'ut8ee Rio>-vd Stuart at the Bght , ^tocki' • waa Ihe lirst person he saw Htruck : there were about fhSyp-rsrs round the^udges of the sheep be(ore the t ght be- ^an- hosawFrankDonaghueinhlrt tent at ho time; the tent was about an acre and a half from the tight ; bcLweeu Donaghue « tout and Machell's barn, there was between an acre and an acK. ''"eue^Noi-pkr, Farmer, St. Sylvester, sworn.-Was not at the row at St. Sylvester, in October last ; Jean Baptiste Ncpper m ^''Mr'o'FAniiKi ,.-It seems that th =5ollcitor General had an obieet in view in protracting this trial. It was to prop up Jea.i Spti«teNopper'? character. He had sent for this witness to testily to the chai ter of another. „„,i n,.,* it Mr Ross —He would show that Noppor was met, and that it wj^s required of him by certain parties to move up the country, nd tS he V as even oVred money to go. Ho wou J do this o .how why Noppcr had suppressed a portion of the trutli, m testi- ''tI^cZ^^^V^^ iB to go on with the examination in chief, at present. . , (Some intcrbabbling between opposing counsel.) Jean BvPTisTE Drouix, Farmer, St. Sylv ster, sworn .-Witness was auiie agricultural .h'ow last fall •, there was on tha tocca ion a trrcut row ; when the row co-nmenced he was with those wIk. were udgTng the brood mares ; ih. judges were Paqutt, Deslaaner, S the Soner Kell^ ; witness went within li acres ot w hen^ r row wis; there was a crowd where the sheep were; witoes. ^aw that they were carrying otf a man, bathe could not dihtm- lS who it was ; they were on a height, and they wore taking a Snlwnwards towards a*hoilow; witness jaw the man fa I; W could not see who made him fall ; he saw kicks given to him, a aieor two blows with sticks; but witness cannot soy who gave Them to him ; thinks he recognised Richard Kely as one o those wl > struck the man in the upper part ot the body , .v try body said that the man beaten was Oorrioin, but witness md ot know him • ho had an oil-skin coat on ; witness saw him caiiiod oftTtho m^n carrying Corvigan passed by ^im ; one waB Ric^^^^^^^^^ Kellv • but he did not know who t .0 other was w itness dul nt recognise any of those among the crowd who struck Corngan ex- < opt Kelly ; witness saw Patrick Donaghue in the crowd, but d d nlsSWiko ; saw « blow given to Stockings but he dul no know who gave it • he saw Corrigan again with tlie tvso men, .U.o ; '( IVff ■ 86 held him in their arms, on his way to McKce's ; Corrigan had his logs down, but did not appear to be able to walk alone ; witness did not see anything more of Corrigan after that. _ By Mk. Chauot— It was not easy to recognise any person in the row on account of the crowd ; the crowd passed forward upon Corrigan and made him recede about half an acre ; frora the oe- ginning of the row to the time that Corrigan fell, a couple of mi- nutes may have elapsed. The Court adjourned for a quarter of an hour. JosKPH MouANEY.— Farmer, of St. Sylvester— Witness has a slif^ht recollection that there was an Exhibition at St. Sylvester, lasffall ; knows that a difficulty took place on the occasion of the Exhibition : witness w is an acre or an acre aud a half from them , the prisoner Kelly was at the time with those who were examining the horses : saw Kelly start lowards the crowd and come up to them • witness saw Kelly strike— witness was at a distance, how- ever ■' believes he s- tv Kelly strike another man with his fist in the stomach : witness afterwards saw Kelly taking away the man that was struck, with another person 5 they supported him by the arm^ • does not know where Corrigan was taken to ; can't say he saw any person strike ; witness did not recognize any other person in tho group of persons spoken of, because there were too many persons present. . Cross-examined bv Mr. Ciiabot.— Two minutes might have elapsed from the beginning of the row anu the period at which the man was struck : a quarter of an hour might have elapsed between the time that the man was struci'- and his being subsequently car- ried off the field ; after the commencement of the row the crowd moved about a quarter of an acre down the road ; there were too manv persons, and witness could not see -liether the crowd fought ■IS thov moved downwards; believes ho saw Kelly for the hrst time when the row began, about half an hour after the commence- ment of the row. . , x t>^ xt < Bv Mr O'Farrelt..— Witness did not see Jean Bte. Nopper at all •' if Nopper had b-en fifteen yards from the scene of the row, kndalouo, between Woodward's house and where the row took place, witness thinks he would have seen him, because he is u man whom the witness knows well. _ Charles Armstrong. Captain, IGth Regiment, sworn.--By Mr. jios= — Wimess was lately in command of a party of soldiers at St Sylvester ; was accompanied by a party of police under Col. Frm'atino-er ; went there to apprehend parties charged with the murder of one Corrigan : witness left on the 20th December aud returned on the 25th ; Col. Ermatinger was charged with the warrant against tlic parties accused of the offence ; the police ^m-eout every night while witness was there, and they rested durinf a part of the day. Jam^es Green, Clerk of the Crown.-Bv Mr. Ross,--Two days after witness received the depusitiou— thinks it was ihc -ioru ui October lasi bar ; the wj ed by him a tablish the ( collects, ws By Mr. C Mr. Doucet was not dea A letter s send a part; read In Fr( By Mr. ( were charg Robert Cor By Mr. 1 letter ; on( which he d Mr. Ros! be read, be he was dec Mr. JilSi go to the , depositions Mr. Rosf depositions Mr. O'B obtain ind! rectly. Mr. Jus- dence coul James IV in search < bearer of r O'Neil ant accompan: all night to Paquet knew the the prison the place 1 Mr. 0*] aAOther iv. By Mr. people to CllARLK Mr. Ro us to fact Mr. ()•: nu U TT u >l 61 October last— he issued n warrant against the prisoners at the bar ; the warrant was enclosed and sent to Mr. Paquet, to be sign- ed by him after the deposition of Dr. Reed should be taken to es- tablish the death of Corrigau ; the warrant, as far as witness re- collects, was given to Constable Murphy, to arrest these men. By Mb. Chahot.— The depositions were directed to witness and Mr. Doucet •, when the depositions were first received, Corrigan was not dead. .,,>.,, ^ xi t. A letter addressed by Mr. Paquet to the Clerks of the Peace, to send a party of police to arrest the murderers of Corrigan, waa read in French and English. . ^, . By Mr. O'Farrell.— Cann^+ say whether or not the troops were charged with the arrest l those charged with the murder of Robert Corrigan. By Mr. Ross.— Witness received two depositions with Paquet s letter ; one of Robert Corrigan, and one of Richard Stuart, on which he drew u] \ warrant, and sent it to Mr. Paquet. Mr. Ross required that the depositions of Corrigan and Stuart be read, because they were drawn out by the evidence, and must, he was clearly of opinion, go to the Jury.^ ,.^ ^ ^, ^ , Mr. JiSTicE Duval was clearly of opinion that tney must not go to the Jury ; there never had been an instance in which such depositions had been received as evidence. Mr. Ross.— Very well ;— Mr. Green, against whom were those ^Mr^ OTawikll objected. The Solicitor General wanted to obtain indirectly, that which he was not allowed to obtain di- rectly. . il X 1, Mr. Justice Duval had no hesitation in saying that such evi- dence could not be adduced. . James Murphy. Constable, swovn.— Witness had occasion to go in search of those accused of the murder of Corrigan : he was the Viearerofa warrant for the arrest of Richard Kelly, Patrick O'Neil and others— theie were seven of them ; thirteen policemen accompanied him ; this was on the VM '""tuber last : travelled all night and got up to St. Sylvester nex arning. £,oV\ 1 1J.1-11U «,Li^ ^^ " . v., ^.. ~ - w Witness sent to Paouerand ashed him to get persons to go with him who knew the prisoners ; he was two days and a night in search ot the prisoners. With the police, witness searched every house lu the placeke could think of. Mr O'FiRRELL will admit that he might have searched for a lother month, and would not have found them. (Laughter.) By Mr. O'Farbell.— Mr. Paquet went with witness to procure people to accompany him in searching for the accused. Charles Fremont, M.D., Quebec, sworn. Mr. Ross added, that while Dr. Fremont was giving evidence us to facts, Dr. Reed should be requested to withdraw. Mr. O'Farrell.— The Solicitor-General has no right to turn out of Court. I do not kuow— H- tirtl \1T itllC ■>q (inr 6S I want 4? m Mrt. Ross.— You certainly ^mow very little. Mu. O'Fakrell.— What (Ices the Solicitor-General say 7 an explanation. „ . . r • „„i „,«„ The Cocrt.— There is a tone of voice in a professional man which ought to be adopted towards the Court. ^ The request ot the Solicitor-General is a very proper one, and it is granted. Witness was the medical man who held the post »"t'':<«^'» exami- nation on th- body of Robert Corrigan, at Leeds on the 28th of October last, at the request of the Coroner. The Coroner held the inquest at the school-house in Leeds, where the body waa. He examined the body ; it presented no marks of decomposition ; externally, witness remarked three lacerated and continued wounds ou the scalp ; two of the wounds were parallel to each other an inch in length and about half an inch apart trora eaci other These were situated at the upper and back part of the left parietal bone ; the third was on the summit and centre of the head, anil was about half an inch in length. These three wounds pcne rated to the bone. There was extravasated blood around each ot them , there was besides, a severe bruise or contusion of the scalp be- hind the ear, witness thought on the right side of the ear, but is rt positive as to the side r these wounds and bruises were made by some blunt instrument, such as a stick or a stone ; there were, }>oside^ a cvrcat number of bruises about the body, more especially about the !nght armpit, the chest the fore part ot the neck and both arms : there were also some bruises about the back. Witnc-s then examined the body internally, and did so by tii;^^ opening the head ; in removing the scalp, he no iced there was QO fiacturc, of any of the bone? of the skull ; he then removed the upper portion of the skud, a:.^ found neither extravasation of blood nor effusion of any quau.ity of fluid ; the gcmeral tea u.e of the brain was that of congestion ; there was no lesion ot that organ. The che^t and abdomen were then opened. By Mr O'Farhell— In reference to the gentleman in the box. he would request that the translator be requested to translate aa the witness upon the peritonenm ; the symptoms of iullummation from extra- vasation are extensive pain, acceleration of the blood, vomiting, ifenerally on the second day, and a sense of sinking in the indi- vidual ; the vomiting might come on at the instant of the rup- ture • as a general rule vomiting comes on. in twent7-l'oar hours, but in cases of this kind the symptoms vary in dillbrcnt iudividuulrf so much that death sometimes ensues in twelve or iiCteeu hours ; the I'ecling in the patient is oiie of sinking ; the patient thinks ht; wiii die within a short period. Mr M\cdo::ali) (a Juror),— The Jurors want to know from th- Court Vhether all this examination of doctors is necessary t-. enable us to arrive at a verdict ? In the opinion of the Jury there ■KVQ to be a series of lectures for the benefit of doctors' youngster?'. We have been sixteen days kept together, and I, for one, would not have been kept so long away irom my business for £50. The Court.— No ; certainly not. He (Mr. Justice Duval) just, remarked, that if the Solicitor General had continued such a cross- examination he would not have permitted it. The lives of seven men were not to be dependent upon the opinions of medical men. Ho quite agreed with the jury— it was common sense. He was •roin«- to say that it would be as necessary for one of the jurors to % into a merchant's shop, and, making a purchase call upon a dozen lawyers to say whether the purchaser should pay the pur- chase-money, or the merchant who sold them. Mr AKCUiiur-n Macdonald (the Juror) begged his honor's pardon ; but he thought the clients of the counsel were very lool- ish in insisting upon such evidence. He felt it to be an outrage on time and common sense listening to such nonsense. (The whole Court speaking all together—in the words of cue ol the witnesses, there was a " muss.") Mr. O'Fauu.::?;!. wanted to establish poison. The Court Let us not at this moment talk of poison. James RicED, Physician, re-called. By M<' Lvjlievre (for the Crown)— Witness attended the Coroner's inquest at Leeds on 23rd October last, on the body of Robert Corvigan ; the inquest was held at the school house ; wit- ness recogu during his i ination ; appearance me need ; t scalp ; two bone The Cou Witness. stomach ; found a qu ter ; the \ covered wi quantity ( peared grs generally mination ii illium, abc intestines discitlored, was about rally h -all By Mr. Fremont \y 'le stomac left ventri small quai the heart - slightly a( were of ol quantity c quantity c about a pi tliis poiut more mini side of th( and of the testines, c the other ] in the stal take a litt the substa the etfusi( mentary c that fcEca in the illii was p'"odu ing in the had insiui ^^m the Jury 3 well U> L the ink ;las3 you ' glass, after the ivasatlon Ti) intlam- tal power 10 extern n lusted, would )> 3in extra- vomiting, the iudi- the rup- iur hour.-', idividualrt .^u hours ; thinks he ' from th'- pessary t<> rury there jungster>*. le, would £50. aval) just jh a cross- s of seven Ileal men. He was :; jurors to ill upon Si y the pur- is honor 'vS very fool- n outrage i of oue of mded tli<' ho body of 3USC : wit- 73 iies3 recoguized the body in the room ; he had attended Corrigaa during his illness ; Dr. Fremont conducted the po,st mortem exam- inatio°i ; witne: , was preseat and assisted; there was no appearance of decomposition ha\ ing taken place when he com- menced ; ther were three contused, lacerated wouuds on the Hcalp ; two were over the upper and back part of the left parietal bono The Court — Begin with the stomach. Witness. — The cavity of the abdomen was examined before the stomach ; on opening the cavity there was a foecal smell ; he found a quantity of coagulable lymph and serum, and fcecal mat- ter ; the peritoiKHim was generally inflamed ; the stomach was fovered with a rose colored blush all over, and there was a small quantity ui mucopurulent matter ; the liver was healthy— ap- peared granular, and had a grizzly sensation ; the intestines were generally inflamed, more particularly in the illium, near its ter- mination in the Cfficum ; he found a rupture or opening in the illium, about 15 inches from its termination into the ctccum ; the iutestines in the vicinity of this opening were intensely inflamed, discuiored. soft^^ned, and thickened ; the rupture in the intestine was about hr . .in inch long ; the spleen and kidneys were gene- rally lialthy. By Mr. Lelievue.— Witness was examining the head while Dr. Fremont was examining the abdomen ; had already stated that '10 stomach was covered all over with a rose colored blush ; the left ventricle of the heart was filled with red blood 5 there was a small quantity of dark colored venous blood in the right cavities ; the heart was healthy and so were the lungs ; the left lung was slightly adherent to the parities of the chest ; these adhesions were of old standing ; he found in the cavity of the abdomen a quantity of coagulable lymph, serum, and foecal matter ; the quantity of matter- -foecal, serum, lymph, and all together—was about a pint, perhaps more, but witness could not be precise on tliis point ; Dr. Fremont opened the abdomen and examined it more minutely than witness did ; the rose colored blush was in- side of the stomach ; there was no inflammation of the intestines and of the peritoneum ; it extended geu.rally throughout the in- testines, except those parts that were affected by inflammation ; the other parts of the body were in a healthy state ; the liver was in the state in which " we find the livers of those accustomed to take a little drop"'— to drink strong drink ; it was a sound liver ; the substance in the cavity of the abdomen was produced both by the effusion from the peritoneum, the extravasation from the ali- i mentary canal, or from the stomach down to it ; the only way that Itecal matter could get there was through the opeuiug in the illium; the inflammation round the edge of the opening was p"oduced by the extravasation oi" foecal matter from the open- ing in the intestinal canal ; there was a small quantity of gas that had insinuated itself into the cellular tissue, in the immediate vi- g1 ,yii i I %' u clnity of the rupture ; tbis rupture might be caused by a blow from a stick or stone, by kicks, by a cart passinjj; over a body, or by falls upon any hard substance ; it might be produced, also, if the part were diseased by vomiting, or by the action of strong irritating medicine, that is, if the part were diseased ; if the illium were in a healthy state, vomiting would not be produced unless by the action of strong irritant poison •, the inflammation might bave been produced by extravas tion of fcccal matter, or by a se- vere contusion or bruising ; there are slight, dangerous, and mor- tai wounds ; the wound in Corrigan was a mortal wound, that t erminates almost always in death ; he saw a quantity of muco- purulent fluid, not matter, in the litoraach ; he ascertained that by light. By Mr. OTakkkll. — The external part of the stomach was in- tensely inflamed ; there was a rose-colored blush in the interior of the stomach ; the reddening perceived by witness in the stomach might have been occasioned by the extensive inflammation of the outer coat ; if extravasation had not occurred, the wound would not have been mortal ; extravasation took place in Corrigan on the Thursday morning ; it irlght have occurred at the time of the beating— that is, on the Wednesday, on the field ; generally when extravasation occurs there are marked symptoms that indicate that inflammation has occurred at a certain time. JosKPfi MoRRiN, M.D., Quebec, sworn.— Had heard Corrigan's row described, and the consequences resulting from it, by Drs. Fremont and Reed ; all similar cases in his (Dr. Morriii* s) prac- tice had been fatal. To the question, " Docs an irritated, but not inflamed, surface, ever secrete pus V witness answered— " Pm« is generally one of the terminations of inflammatiou." Half a pint of wine tiikon into the stomach will produce a rose colored 1)1 ush like that described by Dr. Reed. J. E. P. Landry, M.D., Quebec, sworn.— Witness had heard all the testimony of Drs. Fremont and Reed. Admitting that the motion of fcEcal matter had taken place into the cavity of the abdomen, the result must have been fatal ; irritation does not change the natiire of a secretion, although it may increase it. The atomash is generally of a rose color during the time of diges- tion, and for some time after ; the stomach does not naturally secrete serum or pus ; after death, the stomach appears rose colored, which is only the result of cadaverous inflammation, which may be confounded with other inflammation. Cross-examined by Mr. Stuart. — From the admaiistration of a violent cathartic, where two of the intestinal coats had been already lacerated, it might be possible that the rent might be completed by such cathartic, and the extravasation of intestinal matter take place. By Mr. O'Farrkll.— The redness caused by cadaverous inflam- mation is, generally, most apparent in the lower part of the stom- ach, as the result of gravitation. The irritation of the surface augments does not cl foQcal mat doraen in transverse the body v The Con Cross-ex A violent meat of tl a rent as i No effusio present c Jamks ! Mr. O'l could not deuce whi Mr. Sol learned g Dr. Sk> given in 1 grave ; st are cousid Mr. Sti TuK C amined. Mr. Rc indeed h( elsewhere post tiiori shadow f Gkorgi during th wounds ii companio as that d( AliFREI other me( tines are matter, a achs occ.x obdervati or by the The ca Mr. 0' TUE JUR' I cannot time has bited mo 15 ■f a blow \ body, or d, also, if of Htrong the illiutn ed unless ion might by a BC- and mor- md, that of muco- ined that ;h was in- interior of ! stomach ion of the nd would rrigan on mo of the ally when I; indicate ^orrigan's t, by Drs. i*s) prac- i3, but not id—" Pm ' Half a se colored 1 heard all that the •ity of the does not icrease it. ; of diges- naturally pears rose ammation, ation of a had been t might be intestinal ms inflam- the stom- e surface augments or increases the secretion natural to that surface, but does not change it ; inUammation miiy change it ; a portion of the foecal matter may have found its way into the cavity of the ab- domen in the carrying of the body to Leeds. The wound being transverse, the disposition of the opposing fibres in this region of the body would be to dilate the opening. The Court adjourned for a quarter of an hour. Cross-examination of Dr. L.vndiiy continued by Mr. Lkukvre.— A violent remedy, which increases both the secretions and move- ment of the intestines, is such a remedy as would complete such a rent as that described as having occurred in Corrigan's boweU?. No effusion after death could produce inflammation, and, in the present cise, could not produce it at all. Jamks Skwkll, M.D., of Quebec, put into the box. Mr. O'Farheli. objected to the examination of the witness, who could not adduce facta, but only gi^e his opinion upon the evi- dence which he had heard in Court. Mr. Solicitor General.— 1 can conduct my case without the learned gentleman's assistance. Dr Sewell sworn.— Heard the whole of the medical testimony given in the trial ; all wounds of the intestines :\re serious and grave ; such wounds as that described by Drs. Fr^.mont and Reed are considered fatal. , Mr Stu\rt objected to the further examination of witness. TuE Court could not limit the number of witnesses to be ex- amined. . , , . , „ , Mr. Ross had not protracted the trial, as his honor well knew ; indeed he was anxious to get away to attend to his public duties elsewhere. He had important evidence to elicit in relation to the jiost mortem examination, the nature of which he would not shadow forth. __ . George M. Douglas, M.D., of Quebec, sworn.— Was present during the whole examination of previous medical witnesses. All wounds in the intestines are grave and dangerous ; those unac- companied by an external wound especially so. A wound such as th-it described by Di's. Fremont and Reed is generally fatal. Alfred Jackson^ M.D.. of Quebec, sworn.— Was present, as the other medical witnesses had been, in Court ; wounds in the intes- tines are always grave, and when accompanied by extravasated nvitter. are generally fatal ; had analysed the contents of stom- achs occasionally ; p is in the stomach cannot be ascertained by observation, but by chemical analysation, by the hydrostatic test, or by the microscope. The case for the prosecution was here closed. Mr. O'Fakrell.— May it please the Court,— Gemtlemen or ruE Jury :— In rising to address you on the part of the prisoners, 1 cannot but feel a heavy sense of my responsibility. So much time has elapsed since the case was opened, that you have exbi- bited more than ordinary patience in enduring all the nonsense 70 that has been retailed here to ascertain the facts in the case. Had you not desired to do justice both to your country and to the prisoners you would lonj? ago have cut short the proceedings, by saying either that evidence enough had been produced lor tho prosecution, as far as you were concerned, or, that the evidence submitted was of such a character that, in the interest of the accused, further proceedings were uncalled for. But you found it necessary patiently to listen, and we have found it necessary to wait on here, day after day, having the same feeling in common — that of doing justice. Eleven or twelve days have elapsed since the opening of this case, and you have had time to read the evi- dence of each preceding day ; evidence suiiicicnt to convince you of tho innocence of the prisoners at the bar. Not a witness has stepped into the box who has not convinced you that som" among the witnesses have not told the truth. There has been a conspiracy to deprive these men in the dock of their lives. There was a conspiracy to punish these men, originating, it may be. in u mistaken sense of justice. Some individuals had pledged themselves to see justice done, as they expressed it, to the deceased Corrigan ; and they had used their best endeavors to do so. There was a strong feeling in the minds of the principal witnesses against the prisoners. That feeling had been exhibited in the witness box. Cut, as if this were not enough, the press teems every day with tho most violent articles, so that the prisoners at the bar may be condemned as it were by anticipation. Evidence, that of Nopper especially, which ought to have had a contrary eflfect, had been seized upon by the press and dwelt upon with a gusto which was shameful. That cause must be bad indeed which resorts to such expedients, As for tho witnesses, with one or two honourable exceplious, they were all biased. Now, taking that into consider- ation, uud bearing in mind the want of means of the prisoners, with the suflSciency of means at the disposal of the prosecution, the difficulties in connection with the arrest of the prisoners will not be misunderstood. If they had not been separated in their trials, it was because it was not considered necessary — all were 80 conscious of innocence, and fearing nothing so much as pre- judice. A gentleman has told me— and that gentleman is in Court now — that if the accused were brought into town and into Court, it would be necessary to slip them out of town again as quietly and as quickly as possible. But always having had the intention of coming voluntarily to surrender themselves, not- wit;hstanding the price set upon their heads, they had done so ultimately. It had been asserted that the prisoners at the bar held out, lingered behind, with the view of dividng among their friends the money offered for their apprehension. But they had disdained that, and to prevent its being entertained had surren- dered themselves in such a manner that the rewards could not be paid to any one. One of the learned judges upon the bench knows that he was applied to by me to know whetl/er if the prisoners Furrendei cation to usual pri because t doing so cret of tl that no t fore is it ers are ir dence sul encd ver; You shou and W lli( ers at th( tiiem, II proceedii ^ome par so as to a baaring i not be s From th obvious t inaccoui] box preji only one will bo 1 did not tural or may not or that it be a doul ijuitted. effects Wi the injud had kille( have occi given by f: '.n him caused hi with that (Jrown, a the bar h iliough tl citizens, witnesses Corrigan the field j received tho morn ase. Had id to tho odings, by I for tho evidence ;st of the you found cessary to . common psed since the evi- convince a witness hat soiu" ,8 been a ■s. There ly be. in u hcmyelves Uorrigan ; re was a ainst the ness box. day with may be )f Nopper had been hich was 3 to such )nourabh' consider- prisoners, )secution, ners will in their -all were ! as pre- an is in and into again as had the ves, not- done so the bar ong their ;hey had [ surren- [d not be ch Ivuows prisoners 71 surrendered themselves, lliey could be admitted to ball — an appli- cation to which the learned Judge, with his commendable and usual prudence, refused to give any answer. Tliey surrendered because they knew that they were innocent, and were late iu doing so because bail was not obtainable. Therefore is the se- cret of the surrender of the prisoners coming in : therefore is it thai no two witnesses agree as to time or to auything else ; then- fore is it that no two witnesses say the same thing. The prison- ers are innocent. You will doubtless give a verdict on the evi- dence submitted to you, and in doing so your labor will be light- ened very much by adopting aplau which I shall suggest to you. You should adopt a defuiite plan. You must weigh the evidence and W there is no doubt of their guilt arising from it, the prison- ers at the bar, as well as others, expect that you will convict them. If there be a doubt, they must have the 1)enefit of it. In proceeding to inquire into the evidence, you ought to start from some particular fact, and to trace the whole course of that fact so as to ascertain its consequences. You mu^t see clearly what baaring it has had upon the death of Robert Corrigan. You will not be staggered by the evidence givo" by Dr. Fremont.— From the manner iu which he liad given uis evidence, it was obvious that his head had been stuiled with what he had learned in accompanying the Coroner to the inquest ; he went into the box prejudicf^'l ; he gave his evidence so as to show there was only one cause of death. But supposing that this were true, it will bo a matter for your consideration whether death did or did not proceed from a natural cause, or from an unna- tural or violent cause ; to ascertain if that one cause of death may not have been inflicted by some one not at the bar. or that it had not partly been caused by poison. If there should be a doubt as to the cause <;f death, the prisoners should be ac- quitted. I will show you that medicine was given, which in its effects was poison to a man injured as Corrigan had been. It was the injudicious administration of a dose of opening medecine that had killed Corrigan ; without this medicine the death would not have occurred. I will show you that the fatal blow was not given by Richard Kelly, but by Peter Stockings, who hurled fr.n him a stone of two pounds weight, which hitting Corrigan caused hmi to exclaim, " I'm murdered." II you are not satisfied with that evidence, I will be able to examine the evidence of the Crown, and be able satisfactorily to show that the prisoners at the bar had no hand, act or part, in beating Robert Corrigan, al- though they had been hunted down like beasts rather than like citizens. I will show you that poison had been given ; that tlie witnesses for the Crown are not to be believed. I will prove that Corrigan stood up in McKee's and said that he would go up to the field and fight again ; and I will also prove that before he had received a certain n^edecine he wa'< thinking of going home in Doctor Fremont has shown you that the rupture G 2 m V * • tho morning 78 of tho bowela produces a certain feeling of depression which could not have suffered tho hope of t?oing home to arrive in the mind of a man so injured. Dr. Landry's evidence is sufficient to show that extravasation might not have occurred without tho aid ot medicine, and therefore did not occur until next day. It was the medicine that tore one of the two or three coats of the lowols asunder. Indeed, Dr. Heed poaitivcly swears that e\ivavasailon did not take place until next day, and that the nicdlvMneoi^cmted on the gut when lesion was about to take place. When you have these facts, whom can you believe but Dr. Reed ? You are bound to do so. I will draw your particular attention to this fact — Peter Stockings is not here to give his evidence. Mu. Ro.sa. — Read his deposit' m. SIu. O'FxVUiiKLL. — T will do so if it contains t!-w fact that he killed Corrigan with a stone. I say that Peter Stockings ought to have been here, — yes, Peter Stockings, who is the bosom friend ot Corrigan, should have been here to-day to testify that by his hands Corrigan had died. There were only three witnesses whose testimony had been corroborated by other witnesses — Deslauricr, Demers, andPaquet. I will show that the McKees, the Woodwards, tho Noppers, the Drouins, the Stuarts, and the Craigies, are un- worthy jf belief. 1 will begin v/ith the bully witness, for thi- prosecution, Jean Baptiste Nopper, who never knew exactly when he went to church nor whom he saw there ! Tho press, in opposition, had commented upon — T'iE CouuT. — Stop, Mr. O'FarroU stop. Tho less said about th:ii; the better. We have nothing to do with that here. Mu. O'Farrell. — Well, at the suggestion of the Court, I will say nothing about the press. But you rec Jlect how the plotter Nop- per gave his evidence, with his legs trembling under him, as if to show that he was conscious of not telling the truth. Mr. O'Farrell thei, recapitulated the evidence with a running commcitary.; He wound up by an appeal to prejudices, by alluding to the case of Howard, in whoso case the jury refused to hear further evidence and demanded an acquittu^. lie also appealed to tho Newman and Achilli case ; and, last of all, dwelt upon the weakness which would send seven men to the grave, never to be recalled fron- thence, by the jury, and begged that they would be sent home to their families whom they left weeping. The Hon. Mr. Chabot then addressed the jury in French t<> nearly tho same eti'ect. Quebec, 14th February, 185G. Mu. Alletn — May it please the Court. Gentlemen of the Jury : A hundred hours have been occupied in the attempt to ascertain that which occurred with five min- utesJ. I ! which ha Home of 1 \v\\[ giini: t .1. lil til a.; .'.-80 < ♦ij' bar V ..;.! ex] C:'(? a to public be ' very 'urs. ' gnilty, a not, liowi another \ mauii'ost easy to \ him out I od into tl newspapt against e belief, 'i and is to r,er with 1 free exer( sions has must wei this time which yo truth ; a been broi matter ir best evid neither f; with pre^ elusion t imputed der. Thi so chara< ter impa; gard to 1 Corrigar crime co crime no of people tor, he c( death of Show ; tl satisfactii 70 lich could tho miud it to show JO ftid ot X was the e towclH avasaiiori io^^c/'atcd you have ire bound bia fact— i that he sought t(i friend ot it by hia ;ses whose eslauricr, )odwards, are uu- , for the exactly ho preas, ,id about I will say tter Nop- j, as if tr» O'Farrell ucitary.) ) the case evidence Newman iss which led fron' home tu reneh t<> , 1850. occupied five mill- utoiJ. T regret that I am unable to throw out the whole facb which have been elicited in the case with that ability lor whicli Home of my coUeagues are distinguish 1, )»ut your intelligeuce wiU R"nply my deliciency. The inipai. ml conduct 't u Uic care- iui i. tinenco from any expression of opinion on tho merits of the i'..sc on tho part of tne Court, assures us that the prisoners at the bar will obtain a fair and iiui)artial trial. It would be fool- .rih to expect that there should uot be a desire on the part of the C:*ou to convict tho prisoner;]. The Crown pros ;ates for tiie public benefit and in the interest of order, i can understand that ■' very crime there i.s one party out ol doors in favor of the pris- .jrs. The friends of a prisoner cannot be raiMlo to be'ievo him guilty, and will endeavor to secure for him a fair trial I can- not, however, understand why, as in this case, there "^liould bi* another party who are not only anxious to convict, but who, with manifest unfairness, prejudice tlie case of the prisoners. — Nor is it easy to understand why a man, whose very profession points him out as one who siiould bo a smoother ofailliculties, has rui«h- ed into the political arena and published a letter in tho Mercury newspaper calcu' ;ted to inilame men's minds, and to array men against each other only on account of dllferonccs of religious belief. That letter is so written as to curry with it no authority, and is to bo received in that respect. I do not a.: ide to this nat- ter with the view of intiaming your mind and preventing the free exercise of your reason, but to cautio)i you against conclu- sions hastily and incorrectly come to. As IV the testimony, you must weigh well what has Ijeen said conct-rnuig men who, up to this time, have borne an excellent cliaracter. The great object which you, and wliich all must have in view, is the elucidation ot truth ; and for that purpose the best witnesses ought to have been brought up — persons "-ho had uot been mixed up ia tlif matter in any manner, ixom the persons who had given the best evidences — persons who had no interest in the maltor — neither favor nor affection for the prisoners, nor were imbued with prejedices against them — you must have come to the con- clusion that the prisoners at the bar are innocent of the crime imputed to them — a crime described a« a foul and bloody mur- der. That the slaying of Corrigan, lamentable as it is, cannot lie so characterised, is evident to ail who have looked upon the mat- ter impartially. Whatever couclusion you may come to with re- gard to the complicity of the prisoners at tlie bar in the death of" Corrigan, you can come to no other conclusion than that tin- crime committed was manslaughter, uot murder. Murder is n crime not ordinarily committed in open day, nor among crowds of people. As for religious feelings being mixed up with the mat- ter, he could only say that religion had nothing to do with the •leath of Corrigan. Corrigan was killed in a row at a ('s'tth- Show ; the first blow being struck becfiuse there was some d's- satisfaction with him as a judge of sheep. Tliere is, indeed, no 80 cvidonce at all to bring home to the ^nrisoners at the bar the of- I'euceof which they stand accused. True, three or four persons swear distinctly that they saw Kelly strike Corrigan. Jaud agaiu. there is the declaration c'' the dying man ; but such testimony Is* (contradicted. Setting altogether aside the medical testimony as to the cause of death, it is to be taken for granted that Corrigan's death was caused by blows ; it was caused either by be'*ng iumji- od upon or by being struck by a stick or a stone. That which has to be ascertained is, who struck the fatal blow. It is not for the prisoner to prove his innocence, but for the Crown to prove his guilt ; and if the Crown fails in doing so, the innocence of the accused is to be presumed. The law is undoubtedly to be upheld It is one of those things which bind society together. The law, liowever, is for the protection of all, and requires that strict jus- tice be extended to such as are accused even of a violation of it. Now vhat is the evidence to show a violation of the law in this case ? The only evidence wliich brings guilt home to the whole ol' the prisoners is that of Jean IJaptiste Nopper. and he gives evidence at one time at variance with the evidence which he gave at another. And why ? Because he was sick at one time and well at another. " When tho dovil was sick, tlio clcvil u monk n-ouM bo. When the devil wad well, the devil a monk was he." There wore Ave or six Other witnesses who only identified Kellv. The learned counsel recapitulated the evidence, and pointed out what appeared to him to be incou'^istencies, concluding by assert- ing that there were jclousies between the Parishes of Leeds and St. Sylvester, and hence the feud which had resulted in the death of Corrigan. Mil. Stuaut. — May i^' .oa*) the Court. (rentlemen of the J ury : I have only a few obscrvptions to make. Were this not a matter of life and death, considering the 1 -ngth of time you have been kept to^.ether, a very few remarks would be noce.ssai'y. As it is, I shall be as brief as possible. It is very lamentable that any case should occupy such a length of time asthiehas done ; but there are so many cou/lict- iug statements to be examined, so many witnesses to the chief occurrence, and so much feeling out of doorswith regard to thr c ;se, that your detention :n the jury box has been unavoidable. Twenty-eight witne.'^ses have been examined on the part of the Crown. Of these, eleven mentioned the names of the prisoner? at the bar in their testimony, and nine did not. while eight spoke only of what had occurred in McKec'- house. These last wit- nesses were naturally biased against tlie prisoners. They bad seen Corrigan die — they had listened to his sad tale— they liad heard him pray for his murderers as well as for his wilo and chil- dren — they had been reque-5ted by a dying man to see justice doni> tohira--and theysuckod up the very current of his thoughts. All their evidence must be dismissed from your minds. The tes- timony of was full uiike ; tl tions of at loose stati been a ro^ killed bin crowd at only by h the groun the groun less tell C '.■xpressioi other whc juries he ^ h:ir into t' they then manly bee in a mob, uesses ha\ such circii tliomi'elvo 1 leads. T il:;r, and h their peer that is thi i;a;5e. I r( to prejudi' jiisticc, an to them. Teuenc I'-yn. — Kn Cattle Sh( prisoner a vey, and 1 were with where the hard grou found, am we then st was tirst— lowed wit with a Stic I: 'AS doesi Ulan struc' his lace ar Kelly tooL • Mr. Bun ii;i,il not sti' )ar the of- )ur persons jaud agaiu. testimony Isj jstimony as ; Corrigan's e?ng jumji- t which has not for the prove his? ice of the be upheld The law, strict jus- itioD of it. aw in thi? the whole . he gives which he ok at one led Kelly, (ointed out : by assert- jceds and 1 the death vptions to lering the very few ^ brief a** ?.cupy sucli y couflict- the chief rd to the avoidable, ivt of the prisoners i?ht spoklow twisted him a little ; prisoner Ivdly took hold of Corrigan l)y the left arm and collar, saying. • Mr. Burns, help me to take this man out of the crowd Kelly ;"' iiail not struck Corrigan. or anybody olse, and could have not I 82 i*»k flo;iG so wlthor j witaoss havlug seon it ; Kelly aad witness brought Corrigaa to some timber behind Mr. MachcU's b?,rn — oue ■loldiug him under the arm ; there was a third party whom wit- ness dues not know ; during the whole of this time no injury was iuilictod by Kelly, Corrigan said, as he was being taken along, •■ Mr. Kelly, lut me go and I will go myself :" we then let Corrigaa go, when we heard some one calling out, " Who owns tiie fine hat ?'^ witness said, '• Come, Mr. Kelly, I accuse * yon' (yonder thing), to be Mr. Corrigan's hat ?'' Kelly and witness tlien left Corrigan, and the next time he saw Corrigan was at McKoe's house ; witness heard no threats used to Corrigaa by Kelly or ai:y other person ; Corrigan said to Kelly, -'Take care, Mr. K-.'lly, what you are about ; don't take me oti' the ground a toward ;'* he then shut his right list, and swingir his arm, he swung witness oil" a small distance, saying, <' By God, there is no ojie man on t"-j ground lit to fi'^ht me for one ; " silence,"' said Kelly, '• come with mo, and I'll be your protector ;■ ' Corrigan was bleeding a good deal at the time, from the head ; about half- l)ast one on the same day — the row took place between twelve a ul oue — witness saw Corrigan in Andrew McKee's house ; Cor- rigan said in McKee's house that " as long as he lived he would n.!V( r forget Kelly's gratitude, nor Peter Stockings', to him : Cori'igan said nothing else about Kelly or three minutes. I>y Ml?. Ro.ss. the row lasted about two nmg to tue row -Kelly was a few yards ahead of witness in run- it is not easy to recollect the order of persona running to a row ; Deslaurier started first, but whether he ' r D-mers gol up first witness can't tell ; a countryman like hiin could not bo oxpucted to take such particular notice to tell it in u place like this ; .itness did not see Stockings at all ; knows Stockings pcrlfctly well ; witness only say one stroke ; that was the last he say him get ; witness kept his eye upon Kelly all the time; witness run to the row having it in his mind to make peace ; did nut understand whether he ran to the row out of cu- riosity, f witness scratciicd his head and pulled a queer face) ; it was in his heart t ^ muke peace ; when he ran to the crowd they were running througl. each other and witness could not tell what they were doing ; did not see what they were about (every quc;-*- tlon as to seeing other people str.ke dexterously evaded.) as then were so many between '■ them and mo ;" while going towards iL crjwd witness saw no one striking and could not see what they were doing, there were so many between them and mc ; witness could not see exactly if there was any lighting or not ; |>le appeared to be gaihered up in " ' ning towards this place — the place wards which witness wasrunuiuu' he got lorward — arrived at the 7 tlio peo- a furious manner an! vnn- i where the row was wid to- .f, ; witness saw no figh''.'»g until place ; witness does net knov what was going on '-i the crowd ; witness had not seen a i>iow struck until he arri\t'd and did not know until then that thu"' was ughling I was not lo was trying man is run his eye on John M — Was pre last.; reco the brood there, bes prisoner K mares ; th the field ; said it was Demers fir Paquet an a man stri who strucl crowd, sa said—" L then callei the way ; Held ; witi strike Cor should hat the whole By Mr. ; one or one row took ] when he si of Corriga Domers wi running tc close toge they alUl when the! know whr Kelly sto}! tween hire m t see St were carrj saw no on ihat he wi crowd ; h< him ; he 1 occasion ; where he i ihe row h( home ; it say how k while he was running towards the crowd witncjj 83 I witneas b?,rn — oue horn wit- ijmy was ten along, then let ^ho owns ise * you' I witness n was at 'rigaa by ake care, ground a arm, ho lore is no iQ,'' said Corrigan bout half- sn twelve use ; Cor- lie would to him ; about two S9 inrun- if persona er he ' r nice hiiu ) tell it in I ; kno'-vtj ; that was [yall the to make ut of cu- face) ; it •owd they t tell what ery qucs*- .) as then wards ^1 vhat thev 5 witness tbr; peo- an.] vun- S ''ill to- r.i'.g until not knov 1 a blow hat thu"' d witucjJ was not looking very much to see what they were about ; witness was trying to run as quick as he could, and, of course, when a man is running, he couidn- 1 look behind him particularly or keep his eye on a row. John Mullavey, farmer, St. Sylvester, sworn. — By Mr, Stuart. — Was present at the agricultural show on the 17th of October last.; recollects that a row took place ; witness was standing near the brood mares when he first noticed the row ; there were present there, besides himself, Demers, Paquet, Burns, Deslaurier, and prisoner Kelly ; they were looking over papers and judging the mares ; the first he saw was a gathering of men in the tar side of the field ; it was near where the sheep were ; some one came and 8aid it was a row, and we all ran over in the following order— Demers first, then Deslaurier, prisoner Kelly, Burns next, nnd Paquet and witness followed ; when witness got to the row he saw a man struck ; witness did not know the man struck nor the man who struck ; witness afterwards saw Kelly rushing through th ; crowd, saying — "Get up and come along with mo;" Corrigan said — •' Let me be — I'll not leave the ground a coward ;'' Kelly then called on Terence Burns to help him to take Corrigyn out of ihe way ; Kelly and Burns then took han to the upper end of the Held ; witness turned Itack and saw no more ; he did not see Kel'y I strike CoiTigan or anybody else ; had Kelly struck Corrigan he should have seen liim ; he did not see any of ihe prisoners there ; the whole fight lasted from two to two and a-half minutes. By Mr. Ro.ss — (Cross-examined) — There was a space of about one or one and a-lialf acres from where witness stood to where the row took place ; he was within four or five yards of the crowd when he saw a man struck whose name was given to him as that of Corrigan ; he saw Corrigan carried vylf ; he cannot say wlielher Demers was one foot ahead of Deslaurier or not ; they were both running together ; Demers, Deslaurier, and Kelly ran pretty much close together ; cannot say that Demers was a taot h»'fove ?velly ; they airthree got into the crowd together — Kell^ a IttPie bthind ; when these three got into the crowd together, witness did not know whi^rc Demers and Deslaurier wert ; he did uot think that ICelly stopped at all ; could not say how many persons were be- tween him and them ; there migl^t have been tin o"- -'.venty ; did m t see Stockings till after the row was ovei, at the time when they were carrying Corrigan away ; he then went to his are ; witness -saw no one beaten that day but Corrl ,an , he Ciui't say positively iliat he was five yards from Demers when I.e ■• ime np iiom the crowd ; he i< positive in saying that he wos within six yards of him ; he heard no one speak of Stockings being beaten on that occasion : witness saw Francis! Donaghue si.i iaig at his tent, where he sold apples ; witness Jid not see him before that : alter ihe row he saw Paddy O'Neill standin.; upon the road, on his way home ; it might iiave been one or two hours after the row ; can't say how long ; Corrigan was standing wl;en he got the blow. m\ nw 84 W' John HoGAN, farmer, of St. Agathe, sworn.— ByMr. O'Farrell. Witn<3ss knows all the prisoners at the bar ; was at the fair at St. Sylvester, and saw a row there ; witness was near the fence where the sheep were, when the row began ; saw a man whom they call- ed Robert Corrigan ; he was one of the judges of the sheep ; saw James; McCaffrey there ; John JMcCaliicy and the judge liad a few words about the judging of McCaffrey's sheep ; Corrigan stood up and said he was damn'd if he would judge any more sheep that day ; a young man came up and laid his hand upon Corrigan".-t shoulder, and asked him why he would not judge these men's sheej* any more ; Corrigan and him clinched, when Corrigan made a blow at him with his left hand ; both then clinched and fell down ; the crowd got around him, and witncFs could not see any more : as they were falling, the young fellow, witness thinks, was up- permost ; they partly came to tlie ground together ; saw a man called Peter Stockings throw a stone in tlie crowd 5 it was one of the field stones, a kind of grey stone ; the stone struck Corrigan in the belly ; he did not hear Stockings speak at all ; Stockings lifted another stone ; witness sawDemors, Richard Kelly. Paquet, the magistrate, and Deslaurier, coming from where the brood mares were ; witness saw Kelly, on coming up, sleze Corrigan by the left arm, and call upon another man.Terry Burns, to help liim ; these two brought away Corrigan to Muchell's house, and witness saw no more of him ; v» itncss did not see Kelly strike Corrigan, or jump upon him. or do anything to him ; during this time John McCaffrey kept moving back from the crowd, and was about seven or eight yards from him, and kept continually moving back ; when McCaffrey put his hand on Corrigan's shoulder, he could not have ' "ck Corrigan without witness having observed it, as ho was f r ;g ground above them : McCaffrey io a big man ; ]\[cCaf\ 1 not strike Corrigan that day on the field at all ; tiie youuj, . . who clinched with Corrigan is not among the prisoners at the bar ; Kelly could not have struck Corriganvvith- witness having seen him ; some sheep remained to be judged. Mr. Lelievue. — Witness was Avithin two or three yards of the row ; there might have been from forty to fifty persons round Corrigan, or more, when the young man clinched Corrigan, and when they both fell. Witness remained where he originally stood, on the little rising ground ; Stockings was about twenty feet from witness to the left. He was about four or five yards from the crowd, but witness had not a rule to measure the'distance, your honor ; Corrigan fell down at the commencement of the fight ; thi^ fight was over when Kelly raised him from the ground ; it wa.« near the closing of the row when Stockings threw a stone, ;, t>.-. as his belief can tcdl, your honor ; Corrigan was still down wh . .struck with the stone ; tl^e crowd scattered before the row was altogether over ; before the crowd scattered, witness could not see what they were doing to Corrigan ; witness lost siglit of Cor- rigan when he fell, and caught a sight of him again a little befon; Kelly lifti crowd w^e were doin common 1 not tell M was doinj did ; witi off the gr the row c time me a well as \i Caffery w yards fro up with 1 Court. ] to one th came up the bar ; Francis ] course ol grasped (Hoga to any o leaving 1 laughed Matui Stuart- he was a and 11 c returned Court to there w£ meeting went to witness he saw . Mills. By Ml bill was his brot he is 18 him is a about hi row ; M met abc eon's na Phil tol at the n lives ab O'Farrell. fair at St. ;nce where tbey call- icep ; saw liad a few 1 stood up ilieop that Corrigaii".-» icii'sshec]* n made a tell down ; iiy more ; , was up- iw a man as one of Corrigan Stockings f. Paquet, the brood irrigan b^- ;, to help 3use. and lly strike iiing thit^ and was ly moving ulder, bi; observed ■ i'j a big e field at nong the gan with- iged. 'ds of the u.^ round gan, and lly stood, feet from from the ice, your iglit ; thi^ 1 ; it iva? le, ;.;j fp.v )wn \vh i ; row was could not it of Ger- tie before 85 Kelly lifted him up ; when witness first lost sight of Corrigan, the crowd were jostling around him, and witness cannot say what they were doing. (The witness considered it quite impossible for any common man to answer the same question twice.) Witness could not tell what the crowd were doing ; could not say what Demers was doing, nor what he did, nor what Deslaurier nor what Paquet did ; witness paid no attention until he saw Kelly lifting Corrigan off the ground ; saw none of the men doing anything until then ; the row continued no time after " they " reached the crowd ; no time means not a very long time ; countrymen don't speak aa well as lawyers— (laughter.) Witness could not explain it ; Mc- Cnffery was not very far from Stockings ; he Avas about 7 or 8 yards from the crowd, and partly on the left ; witness, if he stood up with his hands in his pockets, could see nearly every person in Court. In looking at the crowd, witness paid no more attention to one than to another ; could not tell at what hour McCaftery came upon the field, nor when he left. Knows the prisoners at the bar ; saw Paddy O'Neill, George Bannon, Pat Monaghan, Francis Donaghue, and Patrick Donaghue on the field in the course of the day ; the stone was one which might be taken and grasped in a man's fist. (Hogan, on being cautioned not to communicate bis evidence to any of the other witnesses, said '' yes, your honor 5" and, on leaving the box, turned to his friends in the Grand Jury box and laughed.) Mathew Hopklvs, farmer, of St. Sylvester, sworn— By Mr. Stuart— Recollects that there was a Cattle Show and a row at it ; he was at the Cattle Show in the morning 5 left there between 10 and 11 o'clock and went to St. Patrick's Mills, G miles oft" ; witness returned between 3 and 4 in the afternoon ; was brought into Court to be identified by Jean Bap^ste Nopper ; did not hear that there was a row or that anybody had been hurt ; there was no meeting during that day, behind Machell's barn, to plot a row ; went to the Mills with Michael Kelly and returned with him ; witness spoke to Frank Donaghue's wife and Charlie O'Malley ; he saw Ana McClusky, at Frank Donaghue's, at St. Patrick's Mills. , . , . XI By Mr. Ross— He was one of those indicted in this case, but the bill was thrown out ; witness has three brothers besides himself ; his brothers are some older than himself ; his eldest brother is 28 ; he is 18, the brother next him is about 20, and the one older than him is about 25. Witness heard about the row after he returned, about half-past four ; did not heard that anybody was hurt at the row ; McEvvan's son met him on the road and told him so ; we met about two miles from Machell's ; does not know McEwan's eon's name : Phil Maguire was also there ; he came ^rom the show ; Phil told witness nothing; McEwan has four or five sons : he lives at the mill : thinks it was the second eldest who spoke to him ; lives about 'd'A miles from Machell's farm ; on that day witi^ss H ^H '1^ 8G 'i' wont to SCO the cattle show like every other one • he had nn h,, •siness for leaving home but to go and see the show' he can't ex' actly say when the show began ; witness had got^.^tSing eU fo 5;n, ^^^'- ^T^^'rcll. softly, answer his questions.] Witness re members nothing else; when he left Edward Donaffhi e h ll »" watch and told him the hour ; he said it was abou half^ast o witness had no business at St. Patriclc's MilL but went with Michael Kelly ; can', say what Kelly went for : thinks it wa^for emon syrup ; witness has no curiosity : did not cncmire abnnt the row ; the boy McEwan told him Corriga^wa? eaten bu there are more Corrigans than one : witnoss^lid sav in a nr^^Jnnl •^ne; but there are more Corrigans than one " Tiu: Court— Both the translator and myself have taken down both answers. Leading questions cannot be put " AlB. U Fakrell— I can show you authority. Mr. Jus^riCE DuvAL-They must be very lately printed then . Ma (|Farkell-.I have not alibrarv in my hea^d rbut-—! aw IS not always justice. ^ ' ^'*^ wiU^do'^urca^'*''' ^^'°' ^^''^"° '"'^^'"'''^ *^' profession, I hope WiTXEss-There are several Corrigans at St. Sylvester besido. Robei-t Corngan ; one is named Owen, another Jo'hn,an5 a S^i iJTii McCaktxet, farmer, St. Sylvester, sworn :-Knows Mat- thew Hopkms-he is the youngest of the Widow Hopkins' Chi dron ; remembers when Robert Corrigan was brough into Mc^ Kee s ; when down at the Show ground he left the shfep and w! nt to McKee^s smith-shop : he heard there that they were kiCn^acl other at he row ; as he was leaving Ro)>ert Corrigan was coS uptoMcvees ; went back again to McKee's. and^L7e met Mi^ chael Kelly and Matthew Hopkins, in a cart, going to t"e fi< li where the Show was, with supplies for the tents ; did no ^nea 1- to Hopkins or to Kelly ; had not seen either of t lem that davbe tore ; does not know where they had been ^ Francis Maguire, Farmer, of Saint Agathe, sworn-By Mr Al- leyn-Ivnows the prisoners at the bar, and that there was a row at the St. Sylvester Cattle Show ; saw the "- said'' Robert Coir! ^in ; he was one of the judges, jildging iwo sheep of the priso - ; McGaffeiy ; in judging those two sheep, CorrigaA dec ared- se- cond ; the prisoner, McCaflery, then said, - I thank you gentle- men, but very little ibr your judgment," and turned back ?fow steps ; then the said Robert Coidgun said - he was damned i?he ^^S^^J'^^^'^^^^^^ ^--^ round \td't£c Court— That's of no conscqucr.ee. Witness • don't you j on this Coi these word to me to be the young by the rigl ijppormoi^t up first ; V witness sav struck this side, or rat ness saw ik a few othei ,'Otting un< iie did not men may b not able to f^Ue directi( lore nor sii :• truck any Kelly ; he wore touch itffit ; was iione of tht Corrigan b could not ( *\vo or thrt By Mr. li m old man from the st Mr. O'Vi Witness. By Mr. I pcarance ; to be a stoi >\.th Corric about a ya; the old ma imtil the o (o get up, ■' uppermost minute, or] Corrigan a what was take him u tween theii ?o as to let will, or tl had no bu- J can't ex- ;npf else to i''itncss re- lue had a ilf-past 9 ; .vent witlii it was for lire about aaten, but I previous row, but when the was some en down then. — -law n, I hope ■T besides id a third ows Mat- ns' chil- into Mc- und w(mt ling each 3 comint^ met Mi- the field ►t speak ; day be- Mr. Al- 3 a row ft Corri- prlso);er ■ed " bc- ■ gentlo- k a few 2d if he md the 81 Witness then saw a young boy, who said to Corrigan, i' why don't you judge them men's sheep ?" the young boy laid his hand on this Corrigan's shoulder at the time that he had expressed these words. Corrigan turned round and made a drive— appeared to me to be a box with his left hand, at the boy, and struck him ; the young boy then struck at him. and then Corrigan caught him l)y the right arm, and they both fell down the hill, the young boy iippormoi^t ; they both pulled a good while to see who would get up first 5 witness then saw a crowd of persons gathering round ; witness saw an oldish mau coming, whom he did not know, and he struck this Corrigan with a stick ; he thinks the blow fell on his side, or rather on his belly ; the crowd was then so thick that wit- ness saw no man strike him more ; witness saw Richard Kelly and a few others coming from where the brood mares were tied and ;,fetting under Corrigan's left arm ; there was another man whom lie did not know. Corrigan said, •' Let me lie down — two or three men may beat me here on the field, but one man on the field is not able to do if ; Kelly and the otJier man took off Corrigan in Hae direction of Machell's barn ; he " had never seen the man be- fore nor since" ; he would have seen John McCaffery if he had Hiruck any one ; in like manner witness would have seen Richard Ivelly ; he was right by his and Corrigan's side ; witness' c' :i]ies wore touching the sheep's wool at the moment he lifted his hand ittl' it ; was acquainted with all the prisoners at the bar ; it was none of them ; atver saw the person who had the scuffle with Corrigan before nor since ; did not know all who were present ; could not calculate the number of people there ; the row lasted two or three minutes, more or less. By Mr. Ross. — xVfter the young man struck him, a minute aftre m old man struck him with a stick ; cannot say whether the blow from the stick was the last or not. Mr. (J'Fakkkll. — It was the last he saw him get. W[TNp]ss. — Yes, it was the last I saw him get. By Mr. Ross. — Does not know the boy's age nor name nor ap- pearance ; he was a younger man than witness ; Corrigan looked 10 be a stout man, because he had an oil-cloth cloak on ; on his .^^th Corrigan was not a remarkable stout man ; witness stood ubout a yard off ; the young man and Corrigan were in holds when the old man struck him a blow with a stick — they remainedin hold imtil the old man struck Corrigan ; they were both struggling to get up, when the old man struck htm ; the young man seemed uppermost ; when they fell, they remained that way for about a minute, or perhaps a little more ; the crowd gathered in front of Corrigan after the old man struck him, and witness could not see ivhat was going on until he saw Kelly rush into the crowd and tiiko him under the left arm ; if witnet^s had stopped to look be- tween their legs he might have got a look ; the crowd separated ?o as to let the man in : he cannot say whether of their own free will, or that the man pushed his way in ; the crowd did not an mi I 88 close in as it had been before ; when Kelly rushed in, witness stood 3 or 4 yards from the crowd further down the hill, and Kelly came sideways towards witness's left, enteringf the crowd from the direction from which he came ; witness waa 7 or 8 yards b>)hind Kelly when he rushed in ; witness did not see the prisoners in tho crowd, but he will not swear that they Wcire not there. The Court adjourned at 6 until 10 a. ra. to-morrow. Quebec, 15th February, 1856. Michael Kelly, aged 16, sworn. — Knows the nature of an oath. By Mil. Ross. — Knows Francis Maguire, but does not know what he said. By Mr. O'Farrell. — Was at the Cattle Show on 17th October last ; knows Matthew Hopkins ; knows when Hopkins started from the Show ground ; it was between 10 and 11 o'clock, a. m. ; wit- ness and Hopkins went from Francis Donaghue's to St. Patrick's Mills in a cart, to Donaghue's house at the Mills ; witness saw Ann McCluskey in Donaghue's house ; dined at Donaghue's about 1 o'clock ; returned to the Show ground between 3 and 4 o'clock j the distance from the Show ground to St. Patrick's Mills is about 7 or 8 miles ; Matthew Hopkins was with witness all that time, (Pointed out Matthew Hopkins in Court.) By Mr. Ross. — Witness resiu ^ at St. Patrick's Mills ; came to the grounds in the morning and in the evening ; left about 7 o'clock in the morning to go to the Show ground ; was on foot ; got to the ground about 9 o'clock in the morning ; witness was sent on an errand to the mills, by Francis Donaghue, for syrup ; went back v. ith the horse and cart, which was Donaghue's ; Fran- cis Donaghue asked him if he would go for syrup, and witness said "Yes;" Darby McEwan told him, on his way back to the fair, that there had been a row ; that was all that passed between us ; Francis Donaghue sent Matthew Hopkins after him, and wit- ness took him up — that was about half an acre from the Show ground ; witness asked Matthew Hopkins where he was going ; Hopkins called after witness, saying, " Michael, wait for me ;'' witness asked Hopkins what he wanted ; Hopkins gave no reason for Donaghue sending him instead of witness for the syrup ; after hearing that there had been a row, they went on to the Show ground, where Frank Donaghue had the cakes and apples ; on arriving, he j^ave the syrup to Donaghue, got out of the cart, and remained about half an hour on the Show ground ; neither of us asked Frank Donaghue about the row when we got to his stand ; going towards the mills, he told Hopkins what he was going for — told him he was going for syrup ; to the best of his opinion it was between 10 and 11 when ho left the Show ground ; when ha , witness md Kelly from the Is behind (3rs m tho , 1856. re of an lot know I October rtcd from m. ; wit- Patrick's tness saw e's about : o'clock ; 3 is about ,bat time, ; came to about 7 on foot ; tness was )r syrup ; 's ; Fran- d witness ck to the I between and wit- tbe Show kS going ; for me ;" 10 reason ip ; after he Show iples ; on cart, and tier of ua is stand ; going for •pinion it when ha 69 left the Show ground some were talking and some were judging horses and horned cattle ; Francis Donaghue was at his stand, about an acre from MachcU's house, when witness left ; there were crowds of people scattered through the field ; met Felix Maguire within about two miles from the Show ground; witness asked him, " Wns there a row up there at the Show ?" and he said there was ; witness did not ask him who was beaten ; heard that Corrigan was beaten when A\ituess was coming homo from the Show ground ; David Donagliuo told him that Corrigan was beat ; Mattliew Hopkins was not with him. AnnMcCluskey, of St. Sylvester, sworn :— Recollects the day of the Show ; witness was at St. Patrick's Mills ; knows Michael Kelly ; kuows Matthew Hopkins ; there he is. (Witness poiu^cd him out.) Hopkins came with Michael Kelly to Francis Don- aghue's at St. Patrick's Mills for apples and lemon syrup ; nobody but the family dined at I)ona,<;huo's that day ; the witness does uot know what Hopkins and Kelly did there ; Edward Donaghue. Bridget Donaghue, witness, and a child, were the only persons who dined together ; could not say where Michael Kelly and Mat- thew Hopkins were ; it was after dinner when they came : they ate nothing at all iu the house ; can't say when the family dined — it was about 12 o'clock ; witness went to Douaghue's the even- ing before, on a visit ; resides about 9 miles from Francis Don- :ighue's, and had seldom visited the house before ; the day wit- ness was there she supposes Francis Donaghue dined at 12 o'clock, because it is the usual custom. Mil. O'Farrell. — 0))jected to the question being asked concern- ing the name of Donaghue. The Court.— The witness had said Donaghue, and it was for the Crown to ascertain. Witness.— Edward Donaghue is the child of Francis Donaghue (with vehemence) : he is a child about 2 or 3 years of age ; it was the child she meant that dined there that day ; can't tell how long after dinner it was when Hopkins and Michael Kelly came in ; it might be about three quarters of an hour ; Hopkins said he came for apples and syrup for the Show ; does not know whether Fran- cis Donaghue had taken either apples or syrup for the Show in the morning, or whether he brought any back with him ; did uot see him start in the morning ; heard of the row before supper ; it was a good while after dinner ; can't tell when they supped ; it was by candle light ; she learned of the row from a strange man who came to the door and said Corrigan was beaten ; he was in a cart. " Did he stop at the door ?" " No," " Yes." Mr. Ross.— Well, as it is " No,'* " Yes," I shall ask no more (lucstions. Christopher Keenan, Farmer, St. Agathe, sworn.— By Mr. Alleyn— Was present at the Cattle Show ; was present at the row ; the prisoner McCaifery was not content on being allowed the second prize for his sheep ; he said he was little obliged to H 2 §i 90 ,! them for their judgments, or somelhing like that ; hero Robert Corrigan turned round and swore h«5 would judge " no more for no man that day" ; a youngish loolving man came out to him, and laying his hand u'lon Corrigan's shoulder, said " why don't you judge the pcopl ' sheep ?" upon this Corrigan struck the young man with his left 1 and on the breast ; then the young man struck Corrigan with his fist on the side of the head ; they caught hold of each other and they both fell down together ; the crowd closed between him and the men. and witness could see no more; Mc- W Caffery was then further from the crowd than witness was ; ho was near the sheep ; Avitness did not see any more striking ; wit- ness saw a good many people coming down the hill from where the horses and cattle were ; when they came forward he saw Richard Kelly go into the crowd ; the crowd opened to let Kelly in, when witness saw Corr^L;an lying down ; Kelly came forward and took him by the colhu and the arm to lift him up ; first one man came up, and then another, to assist Kelly ; witness did not observe who these men were ; they went away with Corrigan towards Machell's house and bara ; did not hear anything said. Mr. Alleyn. — Did you see the yonng man who struck Corrigan then? Witness. — Yes — (laughter.) Mr. Alleyn. — Wait till you hear the question. Look at mo. ■witness. Is the man wlio struck Corrigan among the prisoners at the Bar? Consider well. Witness. — No ; I can't see him. Did not see Kelly strike any blow, and witness saw him from the time that he arrived until he took up Corrigan and went away with him ; saw no blows struck by any of the other prisoners. By Mr. Lelievre. — Was standing near the Judges of the sheep, that was pretty convenient from the row ; it was about three yards from where witness stood : they were judging tlie hor.'ea in a field up trora that, next to the bush ; to go from where wit- ness was towards the house it was necessary to go through tha bush ; the one place might have been about two acres or moro distant from the other ; the horned cattle were in the same field where the horses were ; is not sure where the brood mares stood j can't say whether or not the brood mares and the horses stood to- m gether ; does not know when he went to the show ; it was about 11 o'clock ; witness did not meet any of the prisoners before the row, to his knowledge; saw McCaffrey during the row, and Kelly, who came forward and for whom the crowd opened ; he does not recollect having seen any other of them ; could not speak as to the duration of the row ; from the time of the first scuffle to tho time that Corrigan was taken away might be three or four min- utes ; witness saw no other blow given to Corrigan than that by the young man ; witness thinks he did see a few sticks among the people at ditterent times ; he did not see sticks raised in tho erowd as if to strike a blow, nor did be see anybody ia the crowd. to his knc Corrigan before or was not V day ; he ( man ; th( walked in away witl James 1 B^ Mr. O with Ijim; ing decea him ; thi: knowledo in Quebe< if their in ia marriei with one same hou we cros.sc versation watch in light and of the C (Witness Edward J talk of tl opportun the ausw( he did nc Mr. O' out. It 1 ble. He TheC( iufficient Witnef he got fc five or si in town : witness y amining Mr. R with Adi box, as 1 have Jai By Mr positivel Kelly. Mr. R( by the d 01 TO Robert more for him, and don't you ;he young nan struck ught hold Dwd closed lore ; Mc- 1 was ; ho ing ; wit- om whero 'd he eavr let Kelly e forward ; first ono H did not Corrigan ing said, k Corrigan )k at mo. risoners at him from went away soners. the sheep, lOut three he hor.'ea inhere wit- rough tha i or more lame field res stood ; s stood to- was about Deforo the and Kelly, I does not ?ak as to ie to the four rain- than that cks among ied in the the crowd , to his knowledge ; can't tell what the crowd were doing arounii Corrigan ; had not seen the young man who struck Corrigan before or since ; the man did not seem tn have any b(nird ; ho was not very stoat lookin^z- : r.ovcr knew Corrigan before that day ; he seeuiod to he a uiiddle aged »ian ; he was a middle sized man ; the crowd opened when K(M vme up ; Kelly merely walked into the crowd and walked ou. again, taking Corrigan away with him. James Donagiiub, (of the Handkerchief) farmer, Leeds, sworn. — By Mr. O'Farrcll — Kuowh ThornaH Adamson ; had a conversation with him; he told witness that he did not see Richard Kelly strik- ing deceased, and that he would not nor could not prove it against him ; this was about the 2;' !i of January, to the best of witnesa' knowledge ; Adamson told witness this opposite Kelly's tavern in Quebec ; he was a relation of some oi'tho prisoners sit the bar, if their mothers have not belied us ; Francis Donaghue's brother is married to wltr.oss niece ; Adamson and witness came to town with one horse in the same sleigh, and stopped together in tho fiame house at Point Levi, the night before crossing to Quebec ; we cros.sed together ; the very identical day we crossed the con- versation took place — it was on a Friday ; ho never carried a watch in his life, and could not tell the hour ; it was between day- light and breakfast ; we breakfasted at Mr. Barrett's (Constable of the Court) ; we separated on the street opposite Kelly's. (Witness ])olnted out Adamson, purposely brought into Court). Edward Fitzpatrick came down with them in the sleigh ; did no'. talk of the case coming down from St. Sylvester, for we had no opportunity ; ho was summoned in town (Mr. O'Farrell suggested the answer) ; it was last week ; he was summoned again to-daj ; he did not know where the first subpoena was. Mr. O'Farrkll would not have that evidence put tho wltnCM out. It had been ruled that collateral evidence was not admissi- ble. He wanted an end to all this. The Court saw that the question might be material, and it wm iufficient for the question to be put. Witness thinks he got his first subpoena four or five days ago : ho got four or five subpoenas ; the first was received by witnesi five or six days ago ; witness could not tell how long he had been in town ; he was in Court every day until Adams was examines! ;, witness was in that box (tlie grand jury box) when they were ex- amining Adams, but was ordered out of it. Mr. Ross desired the permission of the Court to communicat« with Adams himself, and that the witness should remain in the box, as he might have questions to put to him ; first, he wanted to have James Donaghue's evidence expunged. By Mr. Ross (who had returned to Court.)— Adams told mo positively that he would not and could not swear against Richard Kelly. Mr. Ross.— Donaghue has been in Court, having been kept thero by the defence ; his evidence should be expunged. h i %. ^ n%. ^-.-vV .vU. "^^^ ..\^ IMAGE EVALUATION TEST TARGET (MT-3) h A /M/y ^/^^ :/. 2.0 A 1.0 I.I 1.25 1.4 IM 22 L6 V] <^ /a m. ^/. e. .r>i Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, NY. 14580 (716) 872-4503 \\ 9) j0 n, about long in titioned ; tness left aid know Sunday i stretch- t named en they as about V ready : d a man iiear old ^fter. ind was id : it ip lied. t in thr 1 before bject to John Kelly— Was standing with John Monaghan when thn witness Nopper passed us ; Monaghan asked Nopner if it wsis he who swore against his brother, the prisoner Patrick Monaghan; Nopper answered he had not ; to fetch him to the Court and bo would clear him ; Monaghan did not then make use of any threat to Nopper. , „ , Cross-examined by the Sol. General— Am not a farmer ; hayo been switchman at the Craig road station of the Richmond rail- road for the last six months ; there were several persons present when the conversation above alluded to took place ; is a brotder of Kelly, the prisoner at the bar. . -, , , 4 Mr. Chabot, on behalf of the prisoners he represented, declared the case for the defence closed. Mr. Ross desired to bring up evidence in rebutal.^ Mr. Stuart contended that the particular part desired to be prov- ed should bo declared now. , The Court ruled that the objection must be made when the wit- ness is 'a the box. , . , . , , . . Mr. Ross called one Stuart, but intimated that he might not be here for a few minutes, as he did not expect the deteuce to W closed so soon. Mr. Justice Duval— Call another. Mr. Ross— Any one of them will do. Mr. O'Farrell— The Sol. General remarks that any one of mi witnesses will do as well as the other. y^Y. Ross— That is a stupid remark. , Mr. Stuart— This is hardly fair towards my friend, who is a young member of the bar. Mr. Ross— When people make stupid remarks they must expect a rejoinder — • Mr. Stuart— Equally stupid. John Stuart.— I know Patrick Donaghuc— Yankee Pat as wo call him ; I knew Corrigan, who died at McKce's ; I ive two lots from McKee's : Yankee Pat came ir.^o my house with three or tour other men : he wanted to buy a co^ ""rom me, he said ; it was the only time he came to my house w' tiese three men ; my son \ya3 present; I don't recollect hearL .ly son make any observation with regard to the persons accused of the murder of Oorrigau ; Donaghue said it w; . a pity that the beating of Corrigan had ^appelicd. to put the - Neighbours through other ;' I t^eaM no one sneaking of stringing any persons neck, on that occasion , ir U had beeu saw I should^'have heard it ; I don't remember whether Montffomerv was there 01 not. . Cro's exa^mined by Mr. Stuart,-! have been ^^^^^^^^ I never said since I have been here, that untu the McCaflieys and the Kellys were hanged there would be no peace in the county. RicHAiiD Stuart rccalled.-Knows Patrick Donaghue : was thero when he was present in witness' father's house ; it was the Sunday after Corrigan died, he thinks ; it was between one and twu o'clock ; there was a conversation about buying a horse. II #■ it* 94 Mrs. Stuart was not there at first. A question about the nature of the convcrsatioa which subse- quently took place was disallowed. •lean Baptiste Nopper was recalled. Sent out aj?ain. Mr. O'Farrell to some one in Court—" Keep your eye on that fellow.-' Mr. Ross desired to recall Stuart, to ascertain from him whether or not a brilie had b^en offered to him in consideration of abstain- ing from giving evidence. The v^oui-t.— No, no : that's too general. The prisoners' case cannot bo affected by what has been done by any one acting as agent (or the prisouers. There cannot be two opinions on the aubject. Mr. Ju.stic3 Caron. — It might have been done by a stranger without their connivance. Jean Uaptiste Noppor (again in the dock.) Mr. Stuart. — Will the Crovn be permitted to produce new facts in rcfutal ? The Court.— What is the question ? Mr. llosrs wanted to know what conversation witness had had with Kelly, The Court. — You have a right to ascertain with Kelly; but, of course, won't say any tb". ilonaghau. The witness was withdrawn. Thomas Adams (before called Adamson) recalled.— Came to town with Jumcs Douaghue and one Fitzpatrick ; has not been living with them since he came to Quebec. Mr. iioys asked for the permission of the Court to look over the ( vidence, that his learned friend, Mr. Lelievre, who had not been present at the opening, might have an opportunity of preparing himself. Mr. Justice Duval was not aware that such a thing had ever beou done. ^ Mr. Stuart.— In England a trial had been commenced at two o clock in the morning. Mr. Lelievre then rose and addressed the Court and the Jury. }Ie spoke against time. At a quarter past five, one of the Jurors, Mr. Gauvreau, ob- tained permission to leave the box. and a few minutes after it was reported that he was sick. Dr. Fremont was sent for. and coming into Court, was sworn, and requested to intimate to the Court, as sioon as possible, the condition of the Juror. Dr. Fremont reported that the Juror was afflicted with a neu- ralgic aftection of the head that might last for two or three hours, and he did not think that ho would^'be able to attend to his duties until the moriiipg. The Court then adjourned until ten to-morrow morning. the conversation ; about that with Mr. S- pormittei presiden( Mr. Chie been alio Jury in 1 English. The C( tleman si the Cour speech, tomary t' English. Mu. lie even five Mr. Si Mr. Jl brother, Mr. Ross Mr. So Gentle relieved i only hav( form, am ing a few prisoners not neces crime ; bi being of 1 as those s been infli to murde son, are c your atte the Court passes wi I say is C( life had h Bouers at of murdei What is it You musj commit a tious. Ni prisoners They, ho\ given hin 95 Quebec, February IGth, 1856. Mr. STrART—Would ill discharge his duty were two Counsel permitted to address the Jury without remonstrance. During the presidency of this Court, both by Mr. Chief Justice Sewell-and Mr. Chief Justice Stuart, only an address from one Counsel had been allowed. The learned gentleman who had addressed the Jury iu French was quite competent to repeat what he had said in English. The Court — However desirable it might be that the ?ame gen- tleman should address the Jury in both languages, it was not for the Court to say, iu this case, that Mr. Lelievre should repeat his speech. In this country where two languages are spoken, it is cus- tomary to allow one Counsel to address in French and another iu English. Mil. Ross— It has been confirmed by the Courts of England that even five Counsel may address the Jury. Mr. Stuart— That is for the defence. Mr. Justice Caron — As it has been expressed by my honorable brother, there is no difference between one and two. Why should Mr. Ross not ue permitted to address the Jury ? Mr. Sol. General Ross — May it please the Court — Gentlemen of the Jury,— I would have been glad to have been relieved from the trouble of addressing you ; bui the French Jurors only have been addressed, and I have an important duty to per- form, and cannot, therefore, shrink from the obligation of mak- ing a few remarks, iu English, on this long standing trial. The prisoners at the bar are charged with the crime of murder. It is not necessary to go into particulars as to what constitutes that crime ; but it is a mistake to suppose that depriving a human being of life is not murder, if committed by seven persons, as far as those seven persons are concerned, the death wound having been inflicted by only one person. All who are directly accessory to murder, cflthough the death wound is only given by one per- son, are equally guilty with him who gave the fatal blow. I pray your attention to this ; it is a question of law. You will receive the Court's version of what the law is, and if what I now stale passes without observation, you may take it for granted that what I say is correct. Even if the wound which deprived Corrigan of life had been inflicted by a person not on his trial hero, the pri- soners at the bar, as accomplices, would still be all equally guilty of murder. It is consistent with common sense and strict justice. What is it to you, if one man only inflicted the death wound ? You must be guided by the laws, which say that no man must commit an unlawful f-ct. Something has been said about inten- tions. No one, it has been alleged, can suppose that, when the prisoners at the bar assaulted Corrigan, they intended murder. They, however, slew him. Had the intention only been to have given him a thrashing, there would be no difference ; the termi- ':!■■ i 4-': 4 I i-v- 96 rW^i nation was an unlawful act. You are not to be misled by any of these notions. If the; prisoners at the bar had gone to Corrigan d house, entered his bed-chamber, and plunged a deadly weapon into his heart, there would have been no dilference— the one cano is as much murder as the other. The law draws broad distinctions. You have heard a great deal about the science of medical juris- prudence in connection with this matter. It has been insinuated tiiat the wound inflicted on Corrigan was not mortal per se. 1 hat docrine is erroneous. Even if a wound, supposed to be curable, is intentionally inflicted, and if. by neglect or want ol medi- cine, a man dies, it is still murder; there is no distmction.- Thouc^h death should be caused by neglect, want of skill, or the omissTon of proper remedies, murder it would still be. Jt a wound ehould be giVen, which is not at all in itself dangerous, a man may die by the neglect or unskilfulness of the pliysician. But there could have been no such contingency in this case, iho wound inflicted upon Corrigan was not of the nature ot a wound which not being mortal is made so by the administration of dele- terious matter. Corrigan was mortally wounded. It is in vain to tav in extenuation : there was no malice. Ihc law presumes malice ; the act proves the intention. The law supposes a man '>y the uiteuded to do that which he did do. A man must show circumstances that there was no premeditation of evil, in this case it is for the prisoners to show that what they have done was done under extenuating circumstances, and that, although Corri- jran was killed, he wa. not murdered. The intention may bo ascertained from proof-may be inferred from the circumstances i,i connection with the act. Now what did Comgan do to bring down upon him that violence which resulted in his death ? liis offence consisted in saying, ''I will not judge any more." Look at the matter, gentlemen ; you have to weigh it in your mimls. You have to ascertain whether or no the assau t upon Corrigan was an accident. The rapidity of the act, together with the com- bination of action, shows that Corrigan's death was not acciden- tallv caused. I am quite sure the honorable Judge will explam this to you more explicitly. I have no doubt as to the guilt ot tlie nrisouers at the bar as regards the crime of murder, but, Duttin'T the suppositious case, with reference to your power to bring irt a verdict, you can, according to circumstances bring m a verdict either of murder, manslaughter or assault ; that one has committed murder, that others have been guilty of assault, or that only one, two, or three, have been guilty of mauslaighter- that they have all been only guilty of manslaughter ; and if yon are of opinion that none of the prisoners are guilty of any oi tho3< crime^^ then they must all go free. I come now to an important So my duty ,^and that is the evidence. With regard to that, fX necTs^sary to remove all doubts from your minds If there ib anything to shake your belief in the evidence submitted, it is not my duty to press a verdict. I will go into it to show what hw m^ 1 by any of > Corrigan'a lly weapon he one cano list! notions. eoses a man how by the jvil. In this ive done waa lOugh Corri- ion may bo ircumstanccs . do to bring death ? His lore." Look your minds, pon Corrigan vith the com- not acciden- will explain the guilt ot mrder. But, 3ur power to ices, bring in ; that one has jf assault, or luslaaghter — ; and if yon )f any of thoso I an important jgavd to that, Is. If there ia itted, it is not low what hw 97 been conclusively established against Kelly. The first evidence is that of Kdward McKee. He says that Kelly went up to Corrigan and said—" Did you throw a stone ?" that Corrigan replied— " No.. I threw no stone ;' ' that Kelly then knocked Corrigan down, and while he was on the ground, kicked him on the abdomen with his leet. I hold Kolly to be the principal culprit. I will now refer to the evidence of Demers. Demers recognised none of the prisoners in the crowd but Kelly. Mary McKee says she saw Corrigan standing v/ithout his htit ; that the prisoner with the red mutller struck Corrigan, knocked him down and jumped upon him, when she leaped over the fence, and running forward, ex- claimed — •' My God ! murder ! is there no one to save the man ?" ' That Kelly then stepped forward and gave deceased a kick in the left side ; that deceased said—'' Oh ! Kelly, let me lie down for God's sake," and that Kelly said—" It is good for you." Mr. Woodward says that MaclielUs house was full of people and that he recognised Kelly, Fat O'Neill and Pat. Donaghue in the same crowd rushing up to Machell's. Nopper, too, speaks of Kelly. Kelly struck tlic deceased on the head with a stick, jumped on his body and commenced kicking him on the side. The same witness goes on to say— O'Neill and Monaghan struck deceased with a stick three inches thick, and that Kelly struck Corrigan after Pat. Donaghue gave the first blow. The witness Lowry also speaks of Kelly : he says, too, that Pat. Donaghue gave Corrigan a blow with his knee ; that when Corrigan was lying partly on his back, ho called out — " You have killed me — are you going to murder me ?" when some one said—" By Jesus Christ ! let's kill him out." Kelly then said. Come along : when Corrigan said " My belly is burst— I'll never recover." Craigie, in his testimony, says that Kelly kicked Corrigan in the bottom ; that he never saw Kelly before the day of tlie cattle show, but that Kelly came up and shook hatuls with people who called him ""r. Kelly. Tho witness Dion p.^s that Kelly told him, early in the morning, that he Vv'ould not leave the ground without figliting ; he says that if Kelly had done anything that he would have seen him, and he speaks doubtfully as to Nopper's evidence, but has no doubt whatever of the fact of his being there. Peter Simpson establishes the fact of Conigau's lying on the ground, and of Kelly having jumped upon him. Mark Ellison says that Corrigan was standing up for a short time, when Kelly came up and struck him in the face with his list ; that Corrigan then stooped down and Kelly struck him on the head with a stick. Another witness says that Kelly came forward in a kind of run, struck Corrigan on the breast with his fist, and afterwards kicked him on the sides and belly. Richard Stuart hewd Kelly say that Corrigan deserved all he got. McKutcheon testifies that Kelly said. Yon have got what you de- served. George King speaks of Kelly— Corrigan said,— let me lie down and die ; and Kelly said,—" You God damned buggar, you have not got half enough ; I will give you more."' Another \M 98 •w-' witness sayp, whilo Corrigan was on the broad of his back, Kelly jumped upon hlin, and gave a "hop" upon his belly. Eusebe Drouin observed Corrigan get up when he was struck by a man, ihe man who stru'.k him being Richard Kelly ; he also saw Kelly strike Corrigan with his list. Mullavy saw a man strike Corri- gan. Nineteen witnesses, indeed, saw Kelly commit assault ; and one man observed Kelly '• hop upon Corrigau's belly ;" and yet it has been attempted to bo shown that Kelly came there to save Corrigan, and had no participation in the row. I cannot imagine that there is a doubt about the matter. There is corroboratives testimony in the dying declaration oi' Corrigan. In his last mo- ments, Corrigan saidtliat Kelly was t!ie man. You have no doubt about it. You know that Kelly was there as that there was a Show ; you know it aa well f/'orrigan is deceased, or that the sun shines well as as that at noon. you know you know Any one jiussessed of an understanding above that of an imljccile knows the fact. I will not dwell upon it, but proceed to the others. It svould be tedious to recapitulate the evidence, as the Judges will ;Xo over it all; but I may state that Patrick Donaghue is mention- ed as having '))een present by ten witnesses, and that O'Neill is ?'ientioned by ten witnesses as having been present. There can- not be a doubt that Kelly was present and that he inflicted the mortal wound. I must again take up your time with a few obser- viitions upon the evidence, with the view of discharging a very important duty. Corrigan, at a time Avhen he was re(iuircd to throw all worldly things out of his mind — when the hand of death was upon him, said tliafc Kelly intiicted the wounds which killed liim : that Kelly had ruptured his bowels. Corrigan could not speak falsely. But, to show Kelly's complicity in the murder of • Jorrigan, there is the alfair at Machell's house ; Patrick Donaghue ))oasts that his hands arc reeking with blood and seeks for more, and Kelly remonstrates with that man ; Kelly felt that already there was blood enough on his head. He i^vld to Donaghue. •• We've done enough," and the reply was, *' r.'e will obey your orders and we'll go." Is it to be supposed that Kelly was not in the light and not the principal actor in this murder. The Crown examination points to Kelly as the man ; the rest of the prisonerf^ are looked upon with indilTerence ; the great object is to set free tlie chief actor in this sad drama ; Patrick Donaghue commenced tlie assault, and it Avas premeditated. Now, with respect to pre- meditation, it may be mentioned that there have been several attempts to destroy Nopper's evidence. There were two Hopkins at the Show, and it is eiidcavoured to be shown that one Matthew Hopkins could not be there, because he went away. You saw- how the witness to prove the alibi broke down •, you recollect how Ann McCluskey answered first " Yes," and then " No." It has been attempted to show that there was no premeditation in this case, but that it began with the remark of McCalfrey, " I'm pamn'd if I'll stand stand such judging." Corrigan said nothing '!. ■» 9D m 3k, Kelly . Eusebe y a maa, aw Kelly ke Corii- lult ; aud ' and yet J to save t imagiue ■ol)oi'ativ(^ 1 last mo- 3 no doubt '■ou know on know Any QUO lie know.s tilers. It idt>e3 will i moition- O'NelU is 'here can- lie ted the lew obser- \g a very )(iuircd to 1 of death lich killed could not murder ol Donaghuc lor more, t already )onaghue. 3bcy your vas not in he Crown prisonert* JO set free nimenced ict to pre- m several HopkinH ! Matthew You saw )llect how ' It has Dn in this y, "Fm 1 nothing (,o cause a row. lie said he would leave the judgment to Uurkin, and Diirkin decided as Corrigan had. If there had )»een anything like passion or Insult, one could suppose a cause for a row. There was nothing of the kind. Exercise your own understandings : look back upon your own experience. Cor- rigan is struck without any cause of otlonce : knocked down ; kiciced and trampled upon. Compare that with the chain of evi- dence for tlie dijfence. I have never seen a greater failure in the shape of a defence. The similarity of tlir; testimony was at once amazingly and painfully striking, and in wonderful contrast with the varying accounts of the testimony lur the prosecution— the sure t(!st of truth. When a story is nuule up, a man begins thus : '• A young man was ther", an old friend, and this old friend slaps Corrigan mi the back, otfnrsa word of advice and says : •* Why (lon't you juilgo the peoi)le's sheep, you know that it is right to •lo so ;" wheu Corrigan pushes witli his left hand, and they get into ' houlds.' and they • clinch,' and they fall, and they struggle, and the young boy, notwithstanding Corrigan's acknowledged strength, keeps uppermost ; and at last they all roll down a hill, and the crowd closes in. and Peter Stockings throvvs a stone which hits Corrig.in in tlie belly, aud makes him cry " oh !'' And then Richard Kelly rushes in, aud tlie crowd rushes out, aud they all call Terry Burns and Miehr.el Kelly, and Terry Burns takes Cor- rigan away, who will not be taken olf the field a coward ; and then they hear that Corrigan dies, and that nobody killed him-— that tlie thing did not happen at all, but that Corrigan was poi- soned by doctor's medicine given by his clergyman— and that's uU ! Nov/, supposing that the row had begun in that way, the killing of Corrigan would have been yet murder. But it is obviou.'- that it did not. Tlio absurdity of the story is manifest, inasmuch as the '• boy" is spiritec? away, and a stone makes itsway through the logs of a dense crowd— so dense as to exclude the body of Corrigan from view— falls upon Corrigan's belly, and kills him as dead as if he had been stubbed by a bowie knife, or shot dead by a revolver! There is not a man among you who does not see thi^ absurdity of this concoction.— There is one man connected with the death of Corrigan who is not in the box, and thai; man is Ha- gan. His day is to come. He is proved to have given the last blow. Tills is clear ; but nobody cares : he is not here. Mon- aghan, who is here, is mentioned as having been one of the assail- ants ot Corrigan bv live witnesses, and McCall'rey by five. The evidences against McCaffrey are the least in number, but still quite enough to prove his complicity. Whether he had an evil design or not, and although ignorant of the previous meeting, he was an actor in the affair, and is therefore a participator in tht; death of Corrigan ; and it is the same thing as regards criminal- ity, whether he gave one blow or twenty. The mob which sur- rounded Corrigan encouraged the assailants. There was no pro- tection ottered to him except by Stockings. An innocent man h III 100 1^ m Mid would have surrcndcroil with the view of beinp; acquitted of par- ticipation in any crime of which ho is accused. If a nuin runs away, there in a presumption of his guilt : it adds to th»; other facts in the case. There could be no dou])t that Cor- rigan was beaten to death. The prit-oners only surrendered when they were told that it would Ix) shown that Covrigun died by poi.son. Gentlemen, there seems to be some reliance upon you that you will acquit the prisoners. I have no such belief. I could not for a moment entertain the idea that you would be guilty of such baseness. One of the cousel for th'.; defence must have an extraordinary idea of your understandings if he could have supposed that you would believe that Corrigan received a blow from a stone thrown by Stockings. 1 will show the absur- dity and the boldnoss of tlie evidence to establish that as a fact. Corrigan was surrounded by a dense croAvd : how was it possible that a stone con^d have reached him through such a mass of peo- ple ? You are supposed to bo imbecile — to have Just stepped out of your cradles : you are required to swallow things that would not be swallowed by an infant. The effect of the whole weight of a man hopping upon another man's belly, is conceivable in one case ; the story of the stone throwing is an absui'dity. If there had been a real, a sound defence, you would not have l)een treat- ed as children, as babes, or as old women. There is not one among you who supposes that the death of Corrigan occurred naturally. The manner of death is clearly described by Noppor, against whom the whole fire of the defence has been directed. It lias been attempted to discredit his testimony. Now, what could Noppor expect to gain by giving false testimony ? Car you sup- })0se that the public authorities would bribe people to swar away the lives of seven innocent men? Such a thing is too monstrous to be for a moment entertained. And if Noppor should como voluntarily, or on being sent for, he could have no interest in swearing falsely. He lives among the prisoners, lie tells you that at Leeds he was afraid to tell all he knew, and whether he was afraid or not I cannot tell. If in one particular fact he has committed perjury, there is other evidence suftlcient without his evidence at all. But a mistake or an error is not perjury. As long as there are nineteen other witnesses to prove that what Nopper says is true, how can it be said that his evidence is untrue ? It is out of the question to suppoce that you are not to give him full credence when his evidence is corroborated. Even il he were a felon, with "uch corroboration his evidence would be entitled to credit. I'uc him altogether aside, and you have other testi- mony.^ If Adams were flighty about his oatli, and ignorant of his catechism, and aid not know what answer to give as to the nature of an oath, he may be looked upon as ignorant in one sense ; but when he tells you, with regard to false swearing, about going to hell any way, you have a pretty correct idea of the lad's sense of the obligations of an oath. He was an awkward witness, and if 101 1 of par- inuti runs Is to tb»: that Cor- rrondercd \<*i\n (lied uce upon belief. I would bo ciicc must he could recw'ived a the ahsur- iis a fact. it pos' expect a verdict of acquittal against, all evidence, and who call upon juiors to violate theii >aths. I contrasted the conduct of jurors who should do so with tho conduct of English juries ; and what other contrast could I make. It was not to insult you ; but to hold up honesty for your imitation, so that you might do your duty to your country and to your God, and be without fear and without reproach. Some of you, perhaps, were never in a jury box before. If iu this case there are any rational doubts in your minds as to tho guilt of tho prisoners, or any one of them, set them free, or such of them as may not bo, in your opinion, guilty of tho serious crime attributed to them. You must be convinced of guilt before you render a verdict of guilt. But if ii that be you have no doubt, then you will do your duty, knowing tliat on your verdict much will depend. If juries will not do their «?uty, all must suffer equally ; but bear this in mind, the respon- sibility wi' >o ' ^.lal. Mb. Jiv /..—Gentlemen of the Jury,--(The learned Judge wo vholo of the evidence In French, and re- marked li ^^^S no importance to the testimony for the defence, ai "n^Eaglish,— It is necessary to address a few words iv.- ,li.sh.' I regret, gentlemen, to have heard of parties'in coi . with this trial. You are not to be guided or intlueuced by suox. considoralions. You are responsible to God and your countrv. It is not the spirit of firebrands, to stir up acrimony to further their ends— ends which may succeed for a day— that is to guide you iu the discharge of your important duty ; but that regard for truth and justice which is inherent in honest men. Every intelligent man knows that justice must be 4one.— What has religion or nationality to do with this matter ? If the prisoners at the bar are guilty of the crime imputed to them, thoy ought to i)o punished, and if they are innocent, they ought to bo sot frof^. I hope this is the last time I shall ever hear it mentioned that differences of religion or race can influence tho cour: of justice. Jurors, in crimes like this, have over done their duty in Canada, although, in other crimes, political feeling may exist, aa it does in other parts of tho world. This unfortunate row did not originate in religious feeling or iu national antipathy. You have Bcen the cause of it. McCaffrey had two sheep at the I 2 :ii lOi Agricultural ;?how, and Durkin tolidjring." All know howa flgiit is got up in a crowd, and the v'ctim ol this flght was Corrig in. With respect to the question, " llus there been a miu'der ?" the interests of Justico rr!(|uire that I nhould speak oat to you. No doubt there has l»t!cn a foul murder committed, under circumstances of l)rutality seldom or ever heard of, even, in Cana- da. Here is a poor man wlio insults no one, sot upon hy from twenty to thirty persons, trampled upon, beaten with sticks, and v>ho, one minute Ijcforo this, was, as the doctor!* testify, in perfect health— a man of s'rcat bodily strength. The next question to bo conf,idered is, has this crime been committed l)y the whole of the prisoners, by a part, by which part, or if ony one man hns done it. I doubt not you will not fchrink from your duty. Tue punishment of crime will como from a higher order— the law— that which protects us from tha bowio knife and revolver, sticking aud shooting, as they do in other parts. In examining the evi- dence, your attention will bo cailed to ortaiu discrepaneics.— Now, every discrepancy^ in evidence is no;, certainly a contradic- tion. Vou may have confidence in their testimony from that very fact, as all do not see alike or hear alike anywhere. When the witnesses for the defence entered, th<>re was something to create a suspicion that they had entered the witness box with pre- concerted stories. The difTerences of tale as to the ivituesses for the prosecution, only sho^/ed that they had not conversed witJi each other ; and this is to be borne in nund, negative testimony doed not destroy positive testimony. There might be some doubt with two persons standing at that table, when one allirms a tact aud the other denies it ; but such negat'vcs have no force at all in connection vvith portions of a story. A man who has not seen may be a per^ecUy lionest man. and give the truth aud tho whol(> truth which he has to give. Still, that kind of (not seeing) evi- dence is not to be considered of equal force with affirmative testimony. There is another point to which I am desirous of drawing yonr attention, and that is as to the identification of persons. One witness recognizes the person that jumped upon Corrlgan, and some tell you that they never saw that person.— Persons not experienced would tell you that th-re could be no mistake. This is not correct, however. Personal identity is not unattended witii dimculty. (The learned judge cited from the; books some instances, one being where two persons were placed in the dock, so perfectly alike that the recognition of which was which was impossible.) lu a fight, such an this, a witness may make a mistake, as Mrs. Woodward— who gave her evidence without any intention to deceive- did. There is the probability for error, and it is for you to exercise your reason with regard to correctness —where two statements apparently conflicting are honestly I 10:] nuulo, tig to which ol' ih- n ir^ to l^.' iKMicVfil. A dyiiijr d'.'chiriition i-\A hem hud .m-Coiv you ; f»iH!h d.'cl.iratior.s arc limikMl tocii«»rrif,'fiii, in ihi; witth;;-'s l)o.\. I hu would havi! hcoii opcu to cv.>-,^-c'.\aiiiin;U ion, mid would havr hocn miuiird to oxpinin posiiivvdy whotlicr or not il wu;^ {!«• priHOiicr at the J^iir to whiun I'-j rdVri-cd. When Corrijjiiin mad"- his dt<.;hirati(»n thero were Molvee, Stuart and Reed present in the room Dccfascd did not wtato a Tiiattcr oflact in suyii ^^ " I have not altered )ny mind ;" thv.'r(> hltonld have been a distinct alllrmativo or ne,!.;;allve — positively •' yes '* or " no." But nov^ comes the evidence ol' Dr. lieed, tlioun ; wei'.';h well, and if there be a contradiction, see who is mo*- ■; thy of credit. J f you have a doul)t, give the bcnelU of it to ; e pr soners. You may give whiit in Scotland in called" not proven,-' wiiich in this country umount.« to not guilty. The Jury'retir(}d at luilf pa.it five, p.m., and not returning intc Court at six, the Court was adjourned until Monday morning at idno o'clo(''. T H E V K R D I C T . Qi'KRix', 18th February, 18.5(». The Hall was well lilled with spectators for some tln\o before the hour at which it was announced the Court would meet, and tiip Jury took their .jeats in tlie box exactly at half-past nine o'clock. Mr. Justice Duval and Mr. Jnstice Caron having come in, Tht' Clerk of the Crown called over the names of ohe Jurors, and, amid great silence. ])ut the question. Gentlemen of the Jury, arc you agreed upon your verdict ? Several of the Jurors — Yes — Not Guilty. Judge Duval — Answer tin; question put first. 'Clerk — Gentlemen are you agreed upon your verdict ? Several of the Jury — Yes. Clerk — Look upon the prisoners at the bir, Richard Kelly, how i^ay you, in he guilty or not guilty ? 104 ■'■■4 1-4. m Several of tbo Jury together— NOT GUILTY. Clork — As to Georso Biinnou ? Jury™NOT GUILTY. Tiio same quostlou svas put as to all Iho other prisoners, and the Jury answered NOT GUILTY. Tlie questiona wore also re- f)oated in French, and answered in like manner. Tho Clerk — Gentlemen of the Jury, hearken to your verdict, wich as the Court records the same, you say you are agreed upon your vcr.iict, and that the prisoners at tlie bar, Richard Ke)ly, George Bannon, Patrick Donaghue, Patrick JMonaghan, Patrick ( )'Neill. Francis Donaghue, and John McJairrey arc NOT GUILTY of the felony and murder whereof they stand indicted, in manner and form as they thereof ?tand indicted, and so ypu say all ? Jury— Yes. The Jury were then discharged. A motion made for the discharge of the prisoners was granted, and a.s they left the bar they said, addressing the Bench, " Thank your noble Honors." When they got out of the dock, there was much applause and shouting by parties in the eorridors, who escorted them to the front, of the Court House. Hero the friends of the accused con- a,ratuhited them on the verdict, and manifested much satisfaction at the result of the trial. Mr. O'Farrell carae out of the Court building and addressed the lUTAvd from the steps. He said that thanks to an- honest Jury, an imptirtial Judge, and the zeal of their Advocates, the accused had rliat day achieved a triumph, and he hoped they would not sully it by insulting any one. They might go to the residences of thi- dences of the several Counsel for the defence, and afterwards ti- i\hi Low«M- Town, where the mob procured banners, and marcbe Lower Canada, of the sanctity of an oath, that the pubhc journals are required nottxj publish evidence given in open court, lest witnesses might learn what they had never known, and retail as that which they had seen circumstances which had not occurred. It is alleged that if the press give to tlie public that which, it is not denied, the public ought to know, the ends of public justice are defeated. It is alleged that a per- son may swear to facts which another person may have for- gotten, and that it is improper to enable a witness to recollect the truth. The very object which all courts have in view, in judging of guilt or innocence — " the whole truth and nothing but the truth" — is, in the opinion of the Courts of Superior Criminal Jurisdiction in Lower Canada, dangerous. — It is dangerous to know the truth — dangerous to state it. The spirit of party is so potent that the judgment seat panders to it ; the spirit of intolerance is so all-powerful that the judgment seat bows in submission to it ; and the spirit of wrath is, in conse- quence, abroad like a living flame, luring men to destruction — a (lame burning even in the bush, ^' nee iamenconsumcba' tur.^' We had innocently supposed that the law of England required that persons accused of crime should be tried openly — in the field even ; and that order being only maintained, rich and poor, high and low, might be able to perceive in what manner the law was administered. But it seems there are to this, as to every general rule, exceptions. The Judges havy on some occasions arrogated to themselves the right oi !• 5'' h I PI 11 III m i'i hi 106 determining whether crime shall be tried secretly or tried openly, and so a precedent has been formed. As lor the correctness of the principle mvolved in the Queen versus Thistlewood, cited by the ermined dignitaries of this province, as an excuse for the prohibition of the publica- tion of evidence wiien it suits them to give a coloring to facts and evidence, and which they would fain conceal from the public eye— which they would fain limit to the four walls of a court room filled with partizans, and to whose prejudices the weakness, the timidity oi a court may delight to pander— the correctness of the principle of packing a jury, as in the case of the Queen vs. O'Connell might as well be cited. The Judges had, in the first instance, no right whatever to inter- dict the publication of the evidence. It was a violation of the spirit ot English law, if trial by jury is properly interpret- tul. It was a usurpation— an encroachment upon freedom of discussion— extenuated only on the plea of public justice, and being a bad precedent, is more observed tiere than in the larger tovrns of the United Kingdom of Great Britain and Ire- land. There is net a trial which takes place in England, in Scotland, or in Ireland, at the present day, in which the evi- (kMice is not publislied de die in diem. And why is it not so here ? It is because justice is blind, and deaf and dumb. There possibly never was a more atrocious case oi matislaugh- tar or one more clearly proved— the jury are locked up and the statement cannot affect their verdict— nor one more re- volting in iis details of treachery, cowardice, hate, and bruta- lity Ihan the trial now going on before the Court of Queen's Bench, and yet there are sneers and laughter m Court at the .success of some petty (-uibble, as seems to aflect the nnnds of those sworn to give a verdict according to the evidence and Motaccordingtotheirprejudices.— Acase so clear, so fully proven, never was laid before a jury, and knowing this we anxiously look forward ten days hence to the charge of the presidmg Judge for justice, and to the jury for an honest ver- dict. lot or tried id. As 3 Queen taries of piiblica- ' to facts from the walls of dices the der — the the case id. The to inter- lation of iiterpret- edom of lice, and in the ind Ire- land, in he evi- t not so i dumb. ;slaugh- np and lore re- d bruta- Queen's t at the Tinids of ice and 30 fully this we ! of the !St ver- C R R I G A N . (From the Quebec Gazette Fehy. 16th, 1856.) '' Oh yea I oh I yea, all manner of men who liavn any tliin-.- Cui-ther to do at thi.s Her .Miilesty'd Court of Queen's l?onch come forward and give your attend- ance and you shall he heard — " God .save the Queen" — Opening fjKecho/the crier of the Court. The trial of the murderers of Robert Corrigan at St. Sylvester is now drawing to a close.— What the verdict will be no one knows. We have a glimmering of hope left whh regard to it, and no move. Yet, what the verdict should be, no one can conceal from himself. The deed of murder was done in open day, like the murder of Archbishop Sharpe, of St. Andrews, npon Magus Muir. There were present besides the fiends in human shape, who trod upon a fallen man as they would upon a toad, men of the same creed as themselves, and not so igno- rant even of their hellish language as not to be able to see witli their eyes and hear with their ears ; not even so infatuated and so superstitiously ignorant or cowardly as not to be able to repeat on oath what they had heard. A woman, with that peculiar fortitude which distinguishes the sex and has produc- ed a Grace Darling, a Miss Sharpe, and a Miss Nightingale, was unexpectedly present at the horrible slaughter. — " Oh ! my God, my God," cried Mrs. Woodward, <' you are murder- ing the man — murder ! murder ! ! murder ! ! !" And there was no, male voice but one to heed both the alarm and rebuke, and that one, now absent, confident in his integrity^ chased away from his home by the assassins of Corrigan, is charged with the murder of his friend by the Counsel for the prisoners. Considering the stigma which attached itself to the moral re- putation of one of the most talented and distinguished lawyers that ever practised at the English Bar, Mr. Serjeant Philips, for the base attempt made by him to shift the murder of Lord William Russell from the actual murderer, Courvoisior, upon another of Lord William's servants, whom the learned Ser- jeant knew to be entirely innocent, we could not have conceiv- ed it possible that such men as Andrew Stuart and Charles Alleyn could have lent themselves to the base expedient of % Br?' 108 Iheir confrere, Mr. O'Fariell, to fasten Corrigan's death in the lirst place upon the Rev. Mr. King, and when the clear, man- Ijf straightforward and learned testimony of Dr. Fremont destroyed every vestige of hope as regarded the cause of death, in the second place to endeavor.r to cram down the throats of a jury that the wound which proved fatal to Corrigan was not inflicted by the brute who " hopped " upon him while he lay senseless on the ground, but by the very man who, at the peril of his own life rushe