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 ta 
 
 ure, 
 
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 IX 
 
 1 
 
 2 
 
 3 
 
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 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
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 OUQ. 
 
 TRIi 
 
 AN 
 
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 i So denoi 
 
 ' discover 
 
 i tions ar 
 
 ; entire o 
 
 j Lower C 
 
 \ in the w 
 
 i mont, N 
 
 i " a heav 
 
 I recent . 
 
 . some tv 
 
 of them 
 
 of puni 
 
 by our i 
 
 I Assizes. 
 
 ' Havit 
 
 before tl 
 
 the seve 
 
 trials of 
 
 • and hav 
 
 on the s 
 
 mainly : 
 
 tojustic 
 
 rogues, ■ 
 
 some a< 
 
 modus 
 
 will be 
 
 ' The 
 
 i joyed gi 
 
 j ing a1ik( 
 
 became 
 

 I 3 
 
 / AN 
 
 
 I 
 
 ESTIIG ACCODIT 
 
 OF THE 
 
 •''^ 
 
 ORGANIZATION AND MODE OF OPERATIONS OF 
 THE CELEBRATED HORDE OF ROBBERS 
 
 KNOWN AS THE 
 
 WITH TEE 
 
 TRIALS OF THE MOST NOTED OF THE CRIMINALS,; 
 AND A LIST OF CONVICTIONS AND SENTENCES, . 
 
 TORONTO, CANADA, 1846. 
 
 Frtmi the British Colonist. 
 
 THE MARKHAM GANG, 
 
 So denominated, because their existence was first 
 discovered in that Township, but whose ramifica- 
 tions are now ascertained to extend through the 
 entire of the Province, from the Townships oi 
 Lower Canada in the east, to the State of Michigan 
 in the west, with branches in the States of Ver- 
 mont, New'> ork, Illinois and Iowa, have sustained 
 « a heavy blow and great discouragement" at the 
 recent Assises for the Home District, at which 
 some twenty of the gang have been tried and most 
 of them convicted, and sentenced to various degrees 
 of punishment for their crimes, as will be seen 
 by our report of the trials and convictions at those 
 Assizes. 
 
 Having paid close attention to the proceedings 
 before the Magistrates, upon the examinations of 
 ', the several prisoners, as well as to the subsequent 
 trials of the criminals before the Court of Assize ; 
 and having received much additional information 
 on the subject from the gentleman who has been 
 mainly instrumental in discovering and bringing 
 to justice, so many of this formidable association of 
 rogues, we are enabled to present our readers with 
 some account of the history, organization and 
 modus operandi of the gang, which, we are sure^ 
 will be alike interesting and useful to the public. 
 
 The long impunity which this association en- 
 joyed gradually magnified their power, by increas- 
 ing alike their numbers and their daring, until they 
 became a terror to the communities in which they 
 
 resided : the whole country was held in a state oij 
 intimidation. Some of the magistrates, and con^ 
 stables and jurors, were alike afraid to do their^ 
 duty: and even the victims of their robberies 
 were deterred from taking p'-oceedings against the^ 
 robbers, from the fear that the greater evils oifire^ 
 or murder would be inilioted upon them by thifj;; 
 desperate gang. During the examinations, many 
 facts such as the following were disclosed :- * 
 
 country magistrate 
 against B and J 
 
 refused to grant a warrantj 
 
 , (two of the most formi-^' 
 
 dable of the gang,) for breaking into and stealing 
 goods from a shop, on the ground that he wa?; 
 afraid to do so ! A constable of Markham, intc'i 
 whose hands a warrant was placed for the appre|l 
 hension of one of the gang (now in the Peniten-4 
 tiary,) immediately sent private information tci 
 the culprit that he had the warrant, and woulc! 
 not execute it for four or five days, evidently; 
 for the purpose of giving the man ample time tc, 
 escape; the rogue, however, more courageous thati 
 this rural olficial, refused to run ! and sent word t<!i 
 the constable that he had no fear of being convict^ 
 ed. He was subsequently brought before thf 
 neighbouring magistrates, the burglary waA 
 proved, the prisoner's identity sworn to, and thr 
 magistrates discharged him on bail ! an accomj 
 pUce in the burglary* being one of his bail ! ! Thij 
 culprit was again advised to run, but again sturdiljt 
 refused, declaring his belief that the jury woukj 
 not convict him, and even if they did, and if h|^ 
 
 — i 
 
 * This fact wiia not known by tlte niagislialos Ht the tiitifl 
 but it WAS known by them that (liis itmi: was one of tlin giin^ 
 
 i 
 
I 
 
 should be sent to the penitentiary, he would soon 
 "get, out aguin on petition!!" Contrary to his 
 expectations, however, the prisoner was convicted, 
 is now in the Penitentiary and he has not yet "got 
 out on petition !" These, and other similar facts, 
 sufficiently demonstrate the influence of intimida- 
 tion upon some of the officers of justice in the 
 country : while it is well known, that several of 
 the gang, who were convicted at the late Assizes, 
 openly boasted, that had the jury been from their 
 part of the country, they durst not have convicted 
 them. Fortunately, the jurors at these assizes 
 were all from this city, and were not under the 
 influence of such iutiffudation. 
 
 With regard to the origin and history of the 
 gang, the facts recently disclosed render it obvious 
 that the present association grew out of, or rather 
 is but a continuation for other purposes, of the 
 associations which were originally organised for 
 purposes of revolt, previous to the late rebellion. 
 The principal families implicated in the present 
 gang were all also implicated in the late rebellion. 
 Many individuals not so implicated have undoubt- 
 edly been induced to join them, but the nucleus of 
 this association of thieves was undoubtedly formed 
 from the refuse of those of the rebels. The mode 
 of communication between distant individuals and 
 branches of the gang, viz., by special messengers, 
 rather than by written correspondence, being the 
 same in both cases. Written correspondence being 
 rarely resorted to in either case, and then only 
 betw;-en special individuals, and in language so 
 dark and caballistic that none but the initiated 
 could comprehend its meaning. 
 
 One of the most remarkable features of this 
 Ojssociation is, that the whole of its members are 
 either Americans or native Canadians of American 
 parentage; not one old countryman, not one native 
 Englishman, Scotchman or Irishman, being found 
 in the gang, although it comprises some hundreds 
 of persons. 
 
 Another singularity of this association is, that 
 the parties to it are all apparently in fair circum- 
 stances, and in a condition of life which divests 
 them of the plea of necessity for their crimes. 
 They are all persons (saving phrenological devel- 
 opements) of good appearance, and as well dressed 
 as the generality of the better class of our farming 
 population. Some of them are the owners of 
 farms ; many of them are the sons of freeholders, 
 strong, able-bodied, well -dressed young men ; 
 some are tavern-keepers ; some are owners or 
 lessees of saw mills ; and all of then: -^re in a con- 
 dition of life to be able to earn an honest livelihood. 
 There has not been one instance, sg far as has yet 
 been developed, m which the party could olier the 
 plea of poverty or necessity lor the conmiission of 
 the crimes charged against him ; while sonie of 
 them, since their conviction, have confessed that 
 they have "never had a day's good luck" since 
 they joined the gang; that previously to their 
 doing so, they were well off and well respected, 
 but that since, " evory thint: bus gone wrong" 
 with them ; that their own rightful projierly iias 
 gone to wreck, while that as'Cjuiri'd by dish(in<^9t 
 means was always quickly disJ^ipated ; and that they 
 ir-? now, even in a pecuniary point of view, in a ( 
 inuch worse cc liiLion than they would luive been f 
 
 had they pursued an honest career; while their ftig rightlf 
 characters and their liberties are now sacrificed for articles a] 
 their crimes. distaixce, 
 
 The systematic caution, skill and cunning, with previovsl; 
 which they conducted their nefarious operations, t^here thi 
 fully account for the long impunity which they tviien the 
 enjoyed, and, indeed, rendered detection almost thieves ai 
 imi)ossible ; except in cases where the parties were fransmiss 
 recognised in the act (as in some cases of bur- ^he house 
 glary) and subsequently identified : and, but for tWihom th 
 the disclosures and evidence of some of the acjcom- hye, upo 
 plices of the gang, very few of them could ever thieves," 
 have been discovered or brought to justice. For- |)ut a ver 
 tunately, several of the association have made such ^Articles < 
 disclosures, and others it is understood are about ifeble, sue 
 to follow their example. Many of the gang have it is fean 
 in consequence already been convicted, and many to Lowe 
 more will undoubtedly shortly share the same fate. 
 Indeed there is now reason to believe that the 
 whole of this iniquitous association will soon be 
 broken up, root and branch, so far at least as 
 I relates to this province. 
 
 i From what we have learned of the gang, we 
 i should be disposed to divide them into two classes : sBankabl 
 ; the cavalry ! and the infantry ! The former, who (disposed 
 are generally mounted on the best horses in tbe i per cent 
 ! country, figure only in the higher branches of is put i 
 ; roguery ; such as burglary, horse stealing, and in * boodle, ; 
 ; the wholesale dissemination of " Boodle !" Boodle | circulati 
 i being the flash term of the gang for cor4nterfeit i proporti 
 ; money ! To the infantry is delegated the lower ^ Kingsta, 
 
 Dnuham 
 fear issuir 
 receivint 
 articles s 
 .the latfc 
 iworth oi 
 
 '. Fund" i 
 ' A great 
 • of $5, i 
 of this i 
 of our B 
 add, th 
 Bank ft 
 
 The< 
 perfDrrx 
 The hoi 
 are to 
 either t( 
 of the ! 
 
 or democratic order of thievery ! Such as pilfer 
 ing from hen roosts ; stealing harness, buiialo skins, 
 blankets, &c., from stables and sheds ; wheat and 
 other grain, from barns and granaries ; clothing, 
 guns and other articles, which are often left ex- 
 posed in the porches, verandahs, &c., of country 
 houses; linen, &c., left out at night to bleach; 
 and indeed any and every other article upon which 
 their hands can easily be laid. To aid them in 
 these nightly marauding excursions, they generally 
 obtain a waggon and horses from some of their 
 associates, to bring away *he plunder. Some of 
 this infantry division are occasionally entrusted 
 with the retailing of boodle; which they pass off " ^g t^( 
 upon the farmers, tavern keepers, &e., of the back ^ directif 
 townships. This they manage with great dexte- 
 rity and cauUon. They never carry more than 
 one bad note about them at a time ; having at the 
 same time several good notes. If the note, when 
 offered, should happen to be detected or suspected, 
 the fellow who ofl'ers it, with expressions of sur- 
 prise, regret, doubt, &c., immediately offers a good 
 note, and all is right. Or, if the parties should 
 proceed so far as to have the fellow searched, all 
 the money about him is good except this one note, 
 and he is usually discharged. But if the bad note, 
 when offered, be taken without suspicion, which it 
 generally is (among the class of persons to whom 
 such notes arc usually oflfered), the fellow gets his 
 change, supplies the place of the note which be 
 has just passed with another from the boodle b«niE, 
 and repeats the experiment some where else ! 
 
 There is one precautionary measure of the gang 
 which is never departed from, — tke thieves -Rtver 
 iaJcc the property which they steed home to ibair men 
 houses. Hence, search warrants, which have often 
 been immediately issued against the premissB of 
 
 to the ' 
 
 provioc 
 
 and tht 
 
 possibl 
 
 where 
 
 returns 
 
 horse ! 
 
 was d 
 
 Two o 
 
 tton, a 
 
 assizes 
 
 design 
 
 which 
 
 the N£ 
 
 part ol 
 
 point, 
 
 horse : 
 
 They 
 
 Utvoug 
 
 travel 
 
 to a p] 
 
 excha 
 
reer; while theiaerightpersoos, have always tailed. I^f^f,;^"/;-^^^^^^^^^^^ 
 now sacrificed fc»r*tt;c4 are bumy, and "<>*/««; ^y^^^jfj.^^^^^^^ greV 
 
 distance, they are always taken to a hiding place J^« '^'^;^r^^^ ^ j that A. had sold the btack 
 and cunning, with previovsly prepared, generally in he ^^««^ ', ^ ^^2^' ^"7^^^^^ 
 
 arious operations, ihere they are kept « until the storm bows over, ., horse to a armer f^JT^^^^^^' ! L property, 
 unity w£ich they &,^e/.rebr^^^^^^^^ 
 
 detection almost thieves and disjwsed ot. If the articles oe easy oi **'"'■', . . ^ o^^ a warrant aga nst the 
 re the parties were Lnsmission, they are generally earned at once to . gf threatened to take^ua^ i?ighte^d, 
 
 me cases of bur- |he house of some distant member of the gang, by tarrner. -^^^ P^"* , , ' ■ . j ^^ « prove 
 
 Red : and, but for |vixom they are disposed of ; in which case by the ^ «f ^«?,,t«/^;«^3 „\%^"^ae ak^avit th£ the 
 ome of the acjcpxn- We, upon the usual principle of " honour among ^ to it . / • J^^^,*^'"'"!'^ "/ i'T^ i^^en stolen from 
 ■ them could ever fees!" the thief generally receives in the end ' ^^^^ ^^'^^^^^^P^Xs^edng the de^ipSS of M 
 : to justice. For- but a very small portion of the value of his labours. , him by a person ™.f *"f /^^ \he horse to 
 
 >nha've made such Articles o^f considerable value, and easily remov- "PO" vv^u^h^^^ ^J^^^^^/'-J,^,^ Ji', Z^ ooW it 
 derstood are about tible, such as horses, watches, bank not«s, which J., who rcxJe it on to me w«»ivt , 
 
 of the gang have it is feared may be identified, &c., are often taken again in Michigan . 
 
 rivicted, and many to Lower CanaV to the townships of Shefford and There is one plan °f T'^^'^^W^^ th^ «iv 
 lare the same fate. Duuham, where there is a wholesale establishtnent gang, which is somewhat more scs«n1j<»c thaa any 
 . believe that the for issuing counterfeit money of all sorts, and lor 5 to which we have yet alluded,-that w, tM e^ 
 itionwill soon be receiving stolen goods, and where the fjolen < ployrnent of «««n?roun«rs, who go be^^^^^^^ 
 io far at least as articles Ire disposed of in exchange for boodle at information. These gentry consist of triors who 
 Sp late of $100 worth of boodle for ten dollars \ g„ about to farm houses to work at their trade, lor 
 
 of thP .«np WP worth of valuable Tope^ or ior fioe dollars of '^ t certain sum per day, and their board and lodg-i 
 
 of the gang, we ^™ ,° J^^"^"'^ xSoodle is brought back and ing. of pedlars, who visit farm-houses, under pre- 
 "SSl^^^X ;^^^FX; al^n^ of one or two hundred | telt of >ing'small articles of^fi^ryJowome« 
 best horses in the iper cent, to the small fry of the gang, by whom it 
 igher branches of Hs put into circulation about the country. The 
 se stealing, and in boodle, or counterfeit paper, which is th"s pu into 
 ■■ Boodle !" Boodle circulation, is of different descriptions ; but a large 
 .ig for co.mterfeit proportion of it purports to be of the SankoJ 
 jfegated the lower ^ian^<o« (Hudson Kiver,) "New York Safety 
 ' ' Such as nilfer- ^ Fund" in small letters being engra-ed thereon. ^ nimiies wiucu mc^c v. oxv.»..v.... ...^-.-,.^- ----^^^_ 
 
 uess buftkloE A great number of these notes, of the Q.aomination^ho has money, where it is kept, and at what 
 
 Ss; wheat rj of $5, are now in the hands of farmers and others ^ point of the prenaises an ^"^Ty^iay be nriost effect u- 
 anaries • clothing of this district, by whom they were taken as notes ally made, for the purj.ose of robbing them. T-hu 
 
 "re often left el- Sf our Kingston Bank. It is scarcely necessary to information is conveyed to the « operatives 'of th. 
 
 ^u ui« uicmm performed, and is always done « in duplicate." '^ villains are Known i_^ ^,^ ^ ^^ ^ 
 
 on§, they generality fhe horses to be stolen, and the places where they 
 •om some of their are to be found, being previously well known 
 plunder. Some 0/ either to the thieves themselves, or to other members 
 isionally entrusted of the gang who have given them the information, 
 hich they pass off " -^g two thieves start simultaneously in opposite 
 _ "- - ^1- - 1- - ^ directions in pursuit of their prey ; one, perhaps, 
 to the States, and one to some distant part of this 
 
 and children ; and, in one instance, ot a rascal who 
 pretends to have been a Methodist cl&ss4eadec^ 
 and who professes to have « Uie gift of prayer i 
 and " psalmody !" which he dispenses liberaily,; 
 in exchange for provender and lodging. These 
 rascals respectively avail themselves of the oppor-i 
 tunities which these visits afford them, to ascertw® 
 
 night to bleach ; 
 irticle upon which 
 To aid them in 
 
 — — . , ^._^~ ^-- 
 s, &c.,of the back 
 with great dexte- 
 rarry more than 
 me ; having at the 
 If the note, when 
 3cted or suspected, 
 xpressions of sur- 
 iately offers a good 
 ;he parties should 
 allow searched, all 
 cept this one note. 
 Jut if the bad note, 
 iuspicion, which it | 
 f persons to whom 1 
 the fellow gets his 
 the note which be '; 
 n the boodle bank, • 
 i where else ! 
 easure of the gang 
 
 trtc t/trct'ca «^t'Cf 
 
 I home to ibair own ! 
 I, which have often , 
 t the preraiwB of \ 
 
 villains are known to us, and we state the facts, u, 
 order that the honest farmers of the country ma> 
 hereafter be on their guard against admitting such 
 wandering knaves either into their confidence u; 
 their premises. | 
 
 There is but one other matter concerning thi? 
 '"•ang which we propose to advert to at this time; 
 and that is, their obligations to each other^ ^ J( 
 
 province. S ^bL n^ ^p^eSV ^ s ho^se, does n^^^ear that any oath is now ^ ^er ho 
 
 SS^ both proceed to rieet each other, with all been adm nistered m the association. But a" th 
 
 possi^lT SmteSr at some intermediate point, first introduction of a novice to the leaders ojr^d^ 
 
 Eethev exchange the stolen horses, and each hands" of the gang, he is required to pledge hu)^ 
 
 Tetlmi^LiSirn^ghhonrhood on an unknown self that he will adhere to their rules, and never t 
 
 ir" \'ry curiou^s circumstance of this kind J'etray their s^ts on pa^ of ce^ I 
 
 was disclosed' during the recent examinations. 
 Two of the gang (whose names we will not men- 
 tion, as one of them is to be tried at the next 
 wsizes for this very offence, but whom we will 
 designate as A. and J.,) agreed to steal two horses, 
 which were previously known to them ; one in 
 the Newcastle District, and one in the western 
 part of the province. A. proceeded to the latter 
 point, and J. to the former. Each obtained his 
 horse ; A. a fine grey 
 
 the event of any one of the gang being arrestee' 
 the other members are fojuid to do all they can id 
 him: to procure him bail, to give evidence for hiij 
 at his trial, and to " prove him clear " (as thef 
 term it) by swearing to an alibi. These are tt^ 
 only obligations which we have heard of, a» 
 these are generally understood and adh«(red « 
 among the " Maukham Gang." 
 
 ko™. ■ A a line eiev, ™"j. a fine black horse. < The discovery and bringmg to justice ol «o mar 
 S^'th^nprS^V^il^aUpo.^^^^^^^^^^^ 
 
very efficient services rendered by the gentleman 
 who has been mainly instrumental in discovering 
 the criminals, and bringing them to justice. We 
 allude to George Gurnett, Esq., one of the alder- 
 men of the city of Toronto, and Clerk of the 
 Peace for the Home District. The exertions of 
 Mr. Gurnett, in pursuit of the gang, have been : 
 most unwearied, and the success which has : 
 attended them is satisfactorily shewn by the fruits ; 
 of the lavri assizes. If ever the performance of ; 
 public duty in this province deserved its reward, < 
 the services rendered the country on this occasion ; 
 .»eculiarly merit it ; and we may express the hope i 
 that the government and people of Canada will adopt \ 
 sonie substantial means of testifying to Mr. Gurnett \ 
 their high appreciation of his valuable services in 5 
 this important matter. The gang, which has been ^ 
 broken up, was of the most dangerous character to \ 
 the life and property of the entire community ; and 
 having saved the inhabitants of the province from 
 the future depredations of such an association, is 
 \o slight service ; more particularly when there 
 ivas so much personal danger attached to the mere 
 ittempt on the part of any magistrate to apprehend 
 md bring to justice any of those known to belong 
 o this notorious gang. This danger, Mr. Gurnett 
 possessed the courage to face, and many of the 
 mrties have been punished according to their 
 leserts. 
 
 The following is a list of the persons belong- 
 ng to what is called the " Markham Gang," 
 vho were convicted and sentenced at the late 
 \.ssizes : with their places of residence, crimes 
 ■ri«i sentences : — 
 
 I 
 
 1. 
 
 2. 
 
 6. 
 
 6. 
 
 Robert Burr, Markham, Burglary, and 
 attempt to murder — Death. 
 Hiram Stoughtenboro', James t»toughten- \ 
 boro', Nathan Case, Reach, accomplices \ 
 in ditto — Death recorded. 
 
 Oliver Badgero, Pickering, Larceny, Peni- 
 tentiary, 7 years. 
 
 Williani Vanzant, Uxbridge, Larceny, 3, 
 convictions, Penitentixiry, 7 years. 
 
 Matthew Udell, Markham, Forgery, Peni- 
 tentiary, 5 years. 
 
 James Green, Markham, Larceny, 4 con- 
 victions, 5 years Penitentiary. 
 
 David Morden, Uxbridge, Larceny, Peni- 
 tentiary, 5 years. 
 
 Elmore Crandell, Reach, Larceny, Peni- 
 tentiary, 5 years. 
 
 George Crandell, Reach, Larceny, Peni- 
 tentiary, 5 years. 
 
 David Badgero, Markham, Larceny, Peni- 
 tentiary, 3 years. 
 
 Robert Hubbard, Whitby, Larceny, Peni- 
 tentiary, 3 years. 
 
 John Smith, Markham, Larceny, Im- 
 prisoned 1 year, 
 
 Jacob Temple, Reach, Larceny, Imprison- 
 ed 8 months. 
 
 I HOME DISTKICT ASSIZES. 
 
 J Before his Honour the Chief Justice. 
 
 I Mctlheio Udell, oi the township of Markham, 
 i labourer, charged wiih forging and uitering a 
 ! counterfeit note for £15, purporting to be the 
 J promissory note of Eli Gowan, was found "guiUy.'>' 
 
 ; Daniel Spencer, of Pickerinj, charged with 
 ; stealing a cooking stove, and who had pleaded 
 ; "not guilty," withdrew his plea, and the plea of 
 : "guilty" was recorded. 
 
 Oliver Badgero and David Badgero, charged 
 with receiving and concealing the stove stolen by 
 Spencer, were each found "guilty." 
 
 David Morden, of the township ol Pickering,was 
 charged with stealing five bags of corn from one 
 John Hale. 
 
 John Hale deposed to the corn having been 
 stolen. 
 
 Caspar Stotts (Clueen's evidence) stated that 
 Morden came to his place, and said, "Let's go 
 and get a load of wheal." White (who was pre- 
 sent) said, •' Where?" He replied, "Down at 
 John Hale's." They went and broke open the 
 door, and took the oais. I remained at home. — 
 The bags they used, were some of them While's, 
 some were mine. White left in mistake, two 
 bags filled up. I got the bags emptied the Sun- 
 day following. 
 
 Cross-examiued by Mr. Duggan.-— There are 
 other charges; one about ahorse and harness. 
 He bought a set of Lorenzo White. I never 
 swore he stole these harness, but that he had re- 
 ceived them, knowing them to be stolen property. 
 
 W. Hardimck.— When I arrested the prisoner; 
 he asked if be told me the truth, did I think 
 'twould clear him 1 I told him I thought it would. 
 I found the bags ; they were placed one in the 
 other, and buried. The outer one was quite 
 rotten. 
 
 Mr. Duggan declined to address the jury. The 
 jury atter a brief consultation, gave a verdict of 
 
 "guilty." 
 
 Olivei' Badgero &T)d William Vanzant were then 
 placed at the bar, charged with stealing 150 yards 
 of cloth, the property of John Nicewinder. Mr. 
 Hagarty appeared for Vanzant. 
 
 The prosecutor deposed to having lost from his 
 fulling mill, this quantity, in January of last 
 year. It was in rolls, and we;e greys, browns, 
 and plaids. The robbery took place while he 
 was at a sale, three or four miles off. He notic- 
 ed on his return, the track of another sleigh on 
 the side line. 
 
 Cross-examined. — Vanzant raised wool. I 
 fulled cloth ff r h?m every year. The robbery 
 was committed .t^hile I was at the auction. Saw 
 Vanzani's family there. Don't know the time 
 they left. I met a sleigh on my return. I think 
 the parlies in it committed the robbery. Vanzant 
 lives a mile from me. (By a juror)—! have no 
 private mark. Re-examined.— I did not see who 
 was in the sleigh, as they turned right out, and 
 gave us all the road. 
 
 "Caspar S 
 
 <*bery, B 
 
 oHHe had p 
 
 *|k:ewinde] 
 
 riih Whiu 
 
 salion H 
 
 had nevi 
 
 hiie rep 
 
 led "he 
 
 ik he held 
 
 biched th( 
 
 ?Ilcewinde 
 
 liset the 
 
 ;^re made 
 
 'S While. 
 
 Cross-ex 
 
 Jiey told n 
 
 3ome piec 
 
 [have had 
 
 ll^out my 
 
 'tfit we wer 
 
 tHnderslood 
 
 it|^ portion. 
 
 >tth or foi 
 
 4Hls Lo 
 
 ttllotied f 
 
 ^Mr. Ha 
 laker. 
 
 ; Rachael 
 j|e prison 
 id. She 
 ipme roll 
 *ere of vj 
 was not 
 3Ut Vanzi 
 
 Other e 
 and Mr. 
 Who retui 
 
 ' Before 
 ' Hiram < 
 ^athan C 
 lering ihi 
 township 
 member li 
 |is wife ; 
 
 ■ The c 
 prisoners 
 
 ^ H. J. I 
 
 ucted tl 
 
 r. Sull 
 
 e defen 
 
 H.J.I 
 
 ically st 
 
 escante 
 
 ng that : 
 
 he respe 
 
 ho wer 
 
 tiers in 
 
 Iheir du 
 
 their pos 
 
 fiirociou; 
 
 endered 
 
 ntereats 
 
 f their 
 
 ive that 
 
5 
 
 ASSIZES. 
 
 John Mirrrovi was then called and fwo 
 
 Justice. 
 
 lip of Markham, 
 g and uttering a 
 porting to be the 
 as found "guiUyJ" 
 
 J, charged with 
 who had pleaded 
 , and the plea of 
 
 Badgero, charged 
 lie stove stolen by 
 Uy." 
 
 ot Pickering,was 
 of corn from one 
 
 ■Tasuar StoUs-XboM three months after the ^ vindicated, and nn example set that wo*fl^ 
 oS;: IXero told me that Vanzant and his ^ other.^^ 
 »«e had parted, and that 'she had told all about < 
 Sricewinder's cloth. While travelling in a sleigh J 
 rilh White, Vanzant got iiito the cutter. Con- ■ 
 
 rsation turned on the cloth, and Vanzant said ; 
 
 iiad never received his portion of the proceeds 
 
 hiie replied, he was overpaid. Vanzant re 
 
 s recollect the night of 7ih November last. 
 ' been in l>ed about 4 or 5 hours, when my 
 \ heard a knock at the door. She awoke me. 
 isaw she thought that robbers were a'oout the 
 house. Got up and listened at the door; heard 
 
 ';:^.^^DZ -a a ="■ i^E° ^ E^-i-'^;?- ^-±^- „I=^?S;, ti 
 
 ik he held the horses while Vanzant and White 
 Wched the cloth, and told me that in passirig 
 iJicewinder, they drove into the ditch, and nearly 
 itset the whole. The pantaloons I have on 
 Jfcre made from the cloth 
 'J White. 
 
 Cross-examined by Mr. Hagarty.— I suppose 
 hey told me this because we belonged to one club. 
 3©me pieces of the cloth were hid at my house, 
 [have had no conversation with Rachael Baker 
 
 wheft four men en- 
 my wile a severe 
 
 door was burst oft" , . 
 
 < te'-ed. One of tlietn struck 
 
 ^ blow— the three men in the dock, and another. 
 
 ,ta...v.»o . ..c. „.,, U-hose name I thought was Temple ; but could 
 
 I got it from Loren- ; not swear positively that it was he. Case, onp_ ot 
 
 \ the prisoners, wore a straw hat slouched over his 
 
 '' eyes, holding a lighted candle in his hand. The 
 
 other two prisoners had no arms. The man that 
 
 I thought was Temple, had a pistol and club m 
 
 one hand, and a dagger in the other. He said, 
 
 [ have had no conversation with Kacnae. oaKer < -y •— - - - ^ — but your money." Told 
 ,\,out my evidence. TA.ri.k5 of ike ^'f ^"^'•Y! hir^ we had no money-thai Hell .he money 
 orn having been 'Juit we were to share and share alue, aim it was ■. „ , , ^ y... , ,.„j „„,,, .,, 
 
 nee) stated that 
 i said, "Let's go 
 te (who was pre- 
 )lied, '• Down at 
 1 broke open the 
 ined at home. — 
 of them White's, 
 in mistake, two 
 emptied the Sun- 
 
 gan."— There are 
 rse and harness. 
 While. I never 
 t that he had re- 
 j stolen property. 
 
 led the prisoner; 
 ruth, did I think 
 thought it would, 
 aced one in the 
 ' one was quite 
 
 ss the jury. The 
 ;ave a verdict of 
 
 iTizattt were then 
 tealing 150 yards 
 icewinder. Mr. 
 
 nx\g lost from his 
 January of last 
 e greys, browns, 
 place while he 
 s off. He notic- 
 noiber sleigh on 
 
 aised wool. I 
 r. The robbery 
 le auction. Saw 
 t know the time 
 return. I think 
 bbery. Vanzant 
 iror)— 1 have no 
 [ did not see who 
 id right out, and 
 
 «pit, «.o .v^.- .>- "• — -" - /.., ; (4672.^) thai I got ibr oxen I had sold, at the vil- 
 
 mderslood Uial if any man turned, death should be ^ ^j^ ^^/ u^hndge He then laid the dagger 
 
 ^portion. I did not swear; nor was there any . J^a^^e^«; ^ ^^^^^^^ ^^^ presented a pistol at my 
 
 )»ihorform. wife. I then told my wite to give them up the 
 
 His LonDSHiP.--Did you suppose they were ^o^gy^ ^,i^jch she did. Case held the candle 
 
 Allotted for on admission Mr. Hagarty T Awhile Temple counted the money, who said, 
 
 -Mr Hagarty.— No, my Lord.— Call RachaeU« This is not enough. You have more." I said 
 
 Baker. Uhat was all I had. He then kicked me. J re- 
 
 Rachael Baker deposed to being in the service of \ treated towards the bed. They then commenced 
 
 "le prisoner, Vanzant, when the robbery occur- \ a murderous assault on me-beatingme funous y 
 
 lepruoner, v , v„..__f__ u .„. ! .^bout the head, leaving me all covered with 
 
 J blood. They struck my wife across the hand, 
 ' and broke two of her fingers. They then rum- 
 f maged the house and decamped. I know the 
 prisoners for the last ten or eleven years. Have 
 \ DO doubt they are the men who entered Ihe house 
 ^ on thenighl'in question. One of the prisoners 
 broke open the door, and then stood with a club; 
 ] the other held the candle. Pri^ner Case did not 
 J speak. Temple wanted keys; talked all the 
 before nis LiOrasnip me i^hief juanuK. i time ; called Case Peel; thinks a person named 
 
 Hiram Stmitmborough,Ja,.iesStoutenborough,2ini\ Scon was of the party; f^ not quite positive ; is 
 ifathan Case, were indicted for burglariously en- sure there were others outside ; thinks about tea 
 lering the dwelling of one John Morrow, in the or twelve. .,,,,, ^ „ i!ir„o , 
 townthip of Reach, on the night of the, 7ih No- \ Cross-examined by Mr. J. Duggan.-Was a 
 vember last; for bmially assaulting Morrow and \ man named Conklin at your house the day after 
 
 kd.' She recollected the prisoner bringing home 
 iome rolls of cloth, about ten at night. They 
 *ere of various colours. Mrs. Vanzant said that 
 was not their cloth, and asked where he got il; 
 3Ut Vanzant would not say. 
 
 Other evidence was offered in corroboration; 
 and Mr. Hagarly addressed the jury at length; 
 who returned a verdict of ^'guilty." 
 
 2bth May, 1846. 
 
 • Before his Lordship the Chief JuaricE. 
 
 \ the night of the robbery 1 Yes 
 
 ^is wife ; and for robbing ihem of $72.\. 
 
 r The clerk read the indictment, to which the 
 
 prisoners pleaded " not guilty." 
 
 ' H. J. Boulton, Esquire, aueen's Counsel, con- 
 lucted the case on the side of the Crown, and 
 Ir. Sullivan and Mr. John Duggan appeared for 
 
 IP rfpTipriCf* v« *ta,.-. — -— - - - - 
 
 H. J. Botilton, Esquire, then briefly butempha- \ kind of witty man, who is very handy that way 
 lically stated the case for the prosecution. He s [The wiiness seemed inclined^ l^opjeva^^^ 
 
 Jescanted on the enormity of the offence, remark 
 jng thai it was most strange that parties who bore 
 |he respectable appearance of the prisoners, and 
 Who were connections of some of the oldest set- 
 tlers in the country, could have so far forgotten 
 Iheir duty to themselves and U ir friends, and 
 their position in society, to have been guilty of so 
 atrocious a ielony. Ke was sorry that they had 
 rendered it a duty for him to prosecute, but the 
 interests of society, and the peace and security 
 of their fellow-countrymen, rendered it impera- 
 tive that, if they were guilty, the law should be 
 
 several 
 others" gave such a statement ol the occurrence 
 then as I do now ; had a conversation with Conk- 
 lin in presence of my wife; did not say that I 
 was not sure of the parties, and would swear 
 against the Stoutenboroughs any way. Why is 
 Conklin not here 1 Did not think it necessary ; a 
 man named Bolster dressed our wounds; he is a 
 
 very much through the whole of his cross-exami- 
 nation.] Did you swear against Stoutenborough 
 because you had a spile against him on account 
 of a former robbery you suspected him of having 
 committed upon you'l No. Norbecausehe had 
 chopping to do, and that you might thereby do 
 him the greater injury by way of revenge % No ; 
 I heard some ol the "ariies had been in Wood- 
 stock gaol for a robbery, but not for mine. Come, 
 let us have the truth about what you said on this 
 occasion. Witness: "You had better look out, 
 my good fellow, where's the use c*" asking me 
 
..Vv 
 
 6 
 
 
 ,<^rolous questions! let me tell tny own 
 "TOh ! you don't seem willing to enter on 
 hject. 1 want to tell the truth about what 
 lace, and what I swore to before the magis- 
 Oh! but we want to hear a little besides 
 '*what you swore lo belore the magistrate. I know 
 tt person named Ransom ; don't know whether 
 my wife and I were iliere. Was a mm named 
 Ensign at your house the following night 1 Yes; 
 and stayed all the night; did not tell him we 
 would have to swear strong, or 'twould do ro 
 good ; tells the truth, and does not want any 
 nonsense. 
 
 Cross-examined by Mr. Sullivan.— Will you 
 tell us exactly what passed on the night of the 
 robbery"? I have told it all before. Did you tell 
 the same story to the magistrate 1 Why I think 
 so. What lime did you go to bed that night 1 
 About seven o'clock; my wife sat up late. I 
 was not long asleep when my wife waked me up 
 stating that men were about the house. Saw the 
 men. How? When the door opened. Hiram 
 ware a fur cap as natural as even/ day; knows 
 Scott a little ; is not sure wheiher it was Temple 
 or Scott who came to me at the t^d ; think it was 
 Temple; had a notion to call to them for pity; 
 was robbed seme time previous to the last rob- 
 bery ; thought the prisoners were the robbers, but 
 durst not say so ; Temple or Scott beat me most ; 
 Temple said, " you felt big, but this money is 
 ours now ;" told ihem our lives tvere short at the 
 longest, and begged they would let us live. Did 
 you tell Conklin that you did not see James 
 Sloutenborough but thought he was there f No, 
 Did you tell him who the robbers were 1 Oh ! 1 
 gave all that on oath next morning; did not hear 
 my wife say that she was not sure as to the rob- 
 bers; did not tell her that she would require to 
 swear plump, or it would be of no use . Had the 
 person who carried the club a pistol also 7 Yes ; 
 and a dagger; he had them in each hand. Then 
 he had a club, a pistol, and a dagger in ea hand 1 
 Yes. Pray how many hands had he— -he must, 
 at least, accovding to your statement, have had 
 three"? He had the club and pistol in one hand, 
 and the dagger in the other. How far did the : 
 StoQtemboroughs advance after the door was burst ; 
 open "? They did not let go the door. Then they ; 
 4id not go beyond arm's-length from it "? No. 
 
 Mrs. Morrow, the wife of the first witness, cor- 
 roborated his evidence, and gave hers in a much 
 more distinct manner. 
 
 The daughter of the former witnesses, a child 
 abouteleven or twelve years old, was then called, 
 wko gave her evidence in a very composed and 
 ,clear manner. She stated thai she recollected 
 ibe memorable night ; that she saw the prisoners : 
 io her father's house that night; that she knew j 
 tbem all., as she used to meet them when goitigto 
 school ; and she otherwise confirmed the stace 
 Bients of her father and mother in every impo;i- 
 ant particular. Although cross-examined by the 
 ^counsel for the defence she never varied her 
 ^ statements, and nothing could b? elicited from 
 her that would leave suspicion ci a collusion. 
 
 James Bolster sworn, examined by Mr. Boulton. 
 —I live a short distance from the Morrows. — 
 Morrow called on me the day after the robbery, 
 
 requesting me to accompany him to the magis- 
 trate, stating that he had been robbed the previ- 
 ous night, and that he and his wife had be«i 
 dreadfully beaten by the prisoners and a person 
 named Temple; went with him to lay informa- 
 tion before Mr. Hurd; called in the evening; 
 dressed his wounds and his wite's; his head was 
 dreadt'ully bruised and l?cerated; thr hair was 
 thickly matted with clotted blood. W.ien I saw 
 his wile, she seemed like a half-maniac— nearly 
 deprived of sense, and tailing 'nto something like 
 hysterics; sheht.d received a blow above theeye, 
 and had two fingers broken ; had heard Morrow 
 received money on the Wednesday previous to 
 the robbery, for oxen he had sold; v-'as of opinioa 
 that the fact was generally known. 
 
 Cross-examined by Mr. Diiggan. — Heard that 
 Morrow had lost thirty dollars in harvest last; 
 was not aware that Morrow had a spite agairst 
 the Stoutenboroughs; thought they were not on 
 good terms, as Morrow suspected the Stooten- 
 boroughs of having robbed him of the thirty dol- 
 lars, [ Here the clerk read a voluntary statement 
 made by Hiram Stoutenborough belore Messrs. 
 Bell and Gurnett, in the District gaol, a short time 
 after he had been committed for the robbery. It 
 was to the efiect that he kept a tavern,, and that 
 two stran^^rs Cc.Tie into it on the night of the 
 robbery, and asked where a person by the name 
 of Morrow lived. Told him that they under- 
 stood he had got some money, and they thought 
 they might as well use it as him. He thought 
 their names were Burr and Johnston, and was un- 
 der the impression they lived somewhere about 
 East Gwillimbury, Stated he had advised them 
 not to go on so foolish an expedition ; but that 
 they left his house, and he suspected they were 
 the men who robbed Mr. Morrow.] 
 
 DEFENCE. 
 
 Timothy ConUin, sworn,— Lives next lot to Mor- 
 row. A boy came to my place the morning 
 after the robbsry, and said that two men had rob- 
 bed Morrow ; and then proceeded to warn Stou- 
 tenborough ; went over immediately to Mor- 
 row's. His door was oflT its hinges. Saw his 
 wife first, who said her husband was murdered. 
 Morrow was lying on the bed ; who, after some 
 time, asked him what he would do; said Hiram 
 Stoutenborough and Nathan Case, had beaten and 
 robbed him. His wife said she thought it was a 
 person named Scott. Morrow said Case wore a 
 straw hat pulled over his face ; but did not know 
 that James Stoutenborough was there; but thought 
 he was in the crowd. Witness remained all that 
 day at Morrow's ; heard Morrow say that James 
 Stoutenborough should suffer any way; thing's 
 Morrow had a great spite towards the Stoirten- 
 boroughs; would not believe Morrow on his oath. 
 
 Maker, sworn. — This witness gave bis 
 
 testimony in apparently a very shuffling and eva- 
 sive manner. His statements were of the same 
 
 nntnrA n« tVine-p nf Prinlrlin— nttflinnlinc tc\ nrova 
 
 that Morrow expressed himselfas not being posi- 
 tive as to who the burglars were. 
 
 Van Re^isellaer Ensign svf ore to conversation oi 
 a similar kind with those ot the two preeeding 
 witnesses. 
 
 Amu Qrakam, 
 James Stoutenbo 
 Morrow's robbe 
 nine o'clock that 
 lived a short disi 
 saw the prisoner 
 with her,) before 
 o'clock, to get 
 entered the room 
 bed, and saw Ja 
 spoke to her, anc 
 back to Norton's 
 wards, locked tl 
 with her; got up 
 and opened the ( 
 not have been o 
 the key in her p( 
 
 Cross-examinei 
 come to be so p 
 linclly this parti 
 bery next day, 
 night particular 
 nov'" in the hou; 
 bec-rrom. Ca; 
 Stoutenborough 
 two months sin( 
 the key with y 
 children used tc 
 What age is it' 
 Case was there 
 
 — -^ Lrink, s 
 You recollect tl 
 Where uid yc 
 Stoutenborougl 
 o'clock; slept 
 waked up durii 
 the bed ; heard 
 sp^ke to him ; 
 the house that 
 
 Cross- examin 
 of the house th 
 night ; lives in 
 from Pickerini 
 sister, Mia. Sto 
 being committ 
 work sometim( 
 other people's 
 Three months 
 
 Abraham Hei 
 the night in (^u 
 is quiie posiuv 
 night ; could r 
 his knowledge 
 
 Elizabeth S 
 prisoners, gav 
 same as that i 
 fence. 
 
 Jcusob Tempi 
 in the Icrego 
 prisoner on a 
 at Hiram Sio 
 7th November 
 jttine o'clock ; 
 afterwards, ai 
 o'slock next w 
 two persons it 
 them; heard 
 
wr 
 
 Anne Qrakam »worn-Was servant maid at ] and Joh.,snon ; does not know wheihe. i1 
 Jam"?Stome\ZVongh'8; recollects the night of accused of tl.e robbery; heard ll.ratn 
 Kwrrobbery;1eft'stouteaboroush's"abom;t iney commttt.-d the rob^^ry ; l.e- 
 
 nine o'clock that night, logo toMr.Norton's, who j noise in the bar-room after gong to bt t 
 S a hort distance off, to see his sick child ; strangers and one Smith were lalkmg about la^ 
 saw the prisoner. Case, (who lived in the house ; my father slept m ihe room that n.ght also^ 
 with her) before she left ; returned about eleven \ Mr. Sullivan then i(idre?sed the jury on behal! 
 o'clock to get some camphor for ;he child ;( of the prisoners.— May it please your Lordship- 
 entered' the room where Case slept; s-iw him in [ Gentlemen of the Jury -You have listened with 
 bed and saw James Stouienborous- also, who \ patience to the lengthy evidence it has been Icuna 
 spoke to her and asked how the child \r.is ; went < necessary to go into, in the full investigation ol 
 back to Norton's and returned a short time afier- \ this serious and novel case. A short tima ago, in 
 wards locked the door, and took the key to bee! ) this country, men retired to their beds m peace, 
 with her • got up next morning about four o'clock, \ and felt themselves in a state of profound security, 
 and opened the door; is sure the prisoner could < without any of those anxietiea and fears whicli 
 not have been out, as the door was locked, and ^are common in other and older countries, we 
 the key in her possession. \ now see that the peace ot this hitherto Peaceful 
 
 . ,, ,- r, », u„,„^n„„„ (neighbourhood has been broken, and that life and 
 Cross-examined by Mr. BouUon.-'^o^^o you ^ » ^ ^^^ ^^^^ insecure. We have seen the" 
 come to be so positive. ,and ^o reco lect so u is- , ^.^,^^ ^^ ^^^ communities strike root in this once 
 linclly this pariioular night -? Heard of the rob- < peaceful land. We find men in a 
 
 berynext day, whtch made ner recollect tl^a J ^y where the gifts of nature abound to pro- 
 
 qight. particularly. I^, ,'here "^""-e ^han one bed ^^^.^^ X ^^^ ^^^ j^- ^^ ^^^^ ^^^^ ^^^ brought up 
 nov m the house'? Inere is a kitchen ana a ^ country-organise themselves into a gang 
 
 l^h.h/n iS there ^ of nefarious burglars and robbers, and commit 
 Whv iid vou ?ake ' depredations enough to make us shudder to think 
 Why did you taice ^ i business at these assizes \o 
 
 ?:u"u^rhe1oor find those' men gSil.y. or.e after another They 
 
 'ear^ old Is sure < Lave only to be arraigned to be convicted The 
 
 fnr^hl P.rnnhor ( prejudice-the horror at the depredations they had 
 
 t for the camphor, ^y^^j^jej^ i^^d taken strong hold of the mindsol 
 
 :d by Mr. Sullivan. 1 eve-ybody who heard of them. I have no fault 
 
 3lei5t 
 
 beu-riom. Case 
 Stoutenborough 
 two months sine 
 the key with y 
 children used tc 
 What age is It'^ 
 Case was there v 
 
 • La^h, sworn. 
 
 in 
 
 ..^-" against 
 
 wakeTup during the night; the clothes were ofi | prisoner, when there is room for doubts as to his 
 the bed ; heard Case complain of being cold, and ( guilt. I recollect weU that only a short time ago 
 spoke to him; is quite sure Case was not out of^t would have required evidence about which 
 the house that night. \ there could be no doubt, to warrant a jury in ton- 
 
 Cross-examined by Mr. BouUo^i,— Was not out \ victing an accused of felony, and the evidencte 
 of the house that night ; was with Case all the ( which has been given m this case, on he side ot 
 night ; lives in Pickering. What brought you up \ the prosecution, has been most inconclusive apd 
 from Pickering that night 1 Came up to see my unsatisfactory, indepetident of the direct and 
 sister, Mi^.Stoutenborough; heard of the robbery positive exculpatory evidence that has been ad- 
 being committed that night; am a farmer, and duced on behalf of the prisoners; ^ tj«ej» 
 work sometimes on my father's and sometimes on \ room for doubt at all, it is as to whether any re- 
 other people's farms. Norton is my uncle also. \ liance can be placed on the equivocal, preran- 
 Three months since he had been up there before. \ catory and ludicrously irnprobable evidence that 
 
 c-i . -.u /-no<. ^r. \ has been given oh the side of the Crown. If yoa 
 Slept with case on ^ ^^^^ pro-conceived notions,— if you have the 
 «...„«nhnrnn=rh « . . jj hi^,j.t\f„ge of prejudicc on account of what 
 
 Abraham Henderson,fi-!fr orn -, 
 the night in question, at James Siouienborough's; 
 is quiie positive that ne.therof ihem were out that 
 
 is quiie positive thatne.theroflhem were out that ^ J^^l ^^^^^ .^^^ ^^ ^^^^^ assizes, I trust yoa will 
 night ; could not possibly have been out without > ^.^^^ j^ ^^ ^^^ winds, and weigh and adiudge of 
 his knowledge. ^ jhe evidence in that cool, unbiassed, disp&osionace 
 
 Elizabeth Stontcnboi-ough, mother of the two > manner which your fellow men expect at yoor 
 prisoners, gave exculpatory evidence nearly the < hands, when all that is deai 'o them— their char- 
 
 acters— their liberties— and it may be, their Hve» , 
 —depend upon the verdict that you may returD i 
 this day. As regards the evidence, it will be ^ 
 
 same as that ot the other witnesses for the de- 
 fence. 
 
 /<i(»6 Tfewpfe, the man alluded to by that name, .„... „„^. — .-„ . / j w- 
 
 in the Icregoing evidence, and at present a ) needless for me to say much on that head, as nis 
 prisoner on a charge of larceny— sworn.— Slept I Lordship has it all before him, and which, I have 
 atHirao) Stouten borough's on the night of the ^ no doubt, he will fully and fairly recapituj^te and 
 7th November last ; went to hed about eight or j explain to you; but I conceive I would not be 
 jaine o'clock : JJitaia came to bed a short time doing justice to my clients, it I dia noi maKc a 
 afterwards, and slept with him till about four ) few remarks on that subject. Is it not highly 
 
 ^xlol^nlr navt mnvninrr. rocnWantc Viic Vinirinor fwcn > itnnrnhnhlR that ITieP. SUCh aS 
 
 h 
 
 I' 
 
w^m 
 
 8 
 
 jjfle and alliueni scciion of the country, 
 luit their peacelal and honest avocations, 
 (e to the atrocious trade of burglars and 
 rs 1 Is it net highly improbable — nay, is it 
 incredible— that if the fiends of hell so pos- 
 (iest^ed them, that, with the fears of the dungeon 
 of the penitentiary, or the rope of the hangman 
 staring them in the face, they would have entered 
 the house o( this Mr. Morrow, aware that they 
 were his neighbours, without disguise, with the 
 clothes on them which they wore every day, with 
 one of them bearing a lighted taper in his hand, 
 for the purpose, possibly, of leaving no doubt as 
 xo who they were? It is so utterly inconsis'^nt 
 with probabiliiy, that it renders it morally im- 
 possible that men, endowed with a shadow of 
 reason, could ive ever hac the frantic temerity 
 to be guilty oJ such gross incaution. Burglars 
 and robbers we don t find to be men of this stamp; 
 they are proverbial for their cunning, their cau- 
 tion, and their ingenuity. So far, if there was 
 not a syllable of exculpatory ipstimony, you must 
 smile at tl.^. wild absurdi'y of such a charge. 
 How Mr. Morrow manages to give us this testi- 
 mony is a ma'ter of some curiosity. The only 
 reasonable way of accounting for it must be in 
 this way : it would seem he had been robbed con?.e 
 time previously of a sum of money ; he sus- 
 pected the prisoners, with what show of reason 
 nobody could divine, but he did - Now, it is very 
 easy to conceive that, although it is evident he 
 had no positive certainty as to the parties, he 
 concluded these men, whom he suspected on a 
 former occasion, must belong to the gang. It is 
 rather extraordinary that, out ol a party of a 
 dozen or so, which he thinks there was, these 
 fecise, identical three men, whom he suspected 
 of committing the former robbery, should be the 
 aien of all the crowd who entered the house, and 
 whom alone he knew. Is it not more likely that 
 he has reasoned with himself in this way 1 these 
 pien (the prisoners) must have been amongst 
 ihe party, ;nd although I am not sure, I feel 
 almost certain that they were in the gang. This 
 supposition is exactly borne out by the evidence 
 ■cfCocklin and Ensign, to whotp Morrow and his 
 wife p ^pressed t jmselves as not being at all 
 positive'as to who tne men were who entered 
 the house. We have then the testimony of the 
 ether witness for the defence; and although alibis 
 •are not always in good order, yet, where we have 
 a number of witnesses, most of them entirely dis- 
 interested, giving such full and coincident tesii- 
 ■mony, without the most trivial discrepancy in any 
 •of their statements, or in the statements of each 
 ■other, although examined without hearing each 
 other's testimony, we have every reason to be- 
 lieve their statements perfectly true ; nay, we 
 liave reason to 'relieve that it is utterly impossible 
 they could be false, for there never was a witness 
 who attempted to prove an alibi by a false testi- 
 mony who could pass the searching cross-exami- 
 nation of an acute and learned counsel, such as 
 
 liiy iCaXuG^J. fricud who COuduCts the prOSeCUtlOii. 
 
 Here we have not one, but four or five witnesses, 
 who have proved the entire absence of the pri- 
 soners from the scene of the robbery, and who 
 fully and fairly accounted for their presence dur- 
 ing the whole of that night. [Here the learned 
 
 counsel '-ecapitulalcd and commei^!ed upon the 
 evidence for the defence.] Now, gentlemen, the 
 oath of one respectable witness is a3 good as the 
 oath of another respectable witness. On the 
 part of the prosecution, you have evidence ambi- 
 guous, equivocal, uncertain— if not, to a great 
 extent, wearing an appearace of absurdity ; on 
 the side of the defence, you have evidence dis- 
 tinct, clear, positive, unimpeachable. Gentle- 
 men, it is a feature-'tis a beautiful feature— 'fia 
 a positive and clearly understood rule in thelaw.s 
 of your country, that when one of your ft. .ow- 
 men has been charged with a felonious offence 
 against the laws of his country, however trivial 
 — howeverenormous— that unless you have clear, 
 positive, irrefragab.e testimony as to hisguflt.you 
 are to acquit him. . ! is not as in a civil action, 
 that you can weigh and balance the testimony, 
 and give your verdict where the evidence pre- 
 ponderates. If you Lave only a single doubt in 
 your minds as to the guilt of the prir,oners — if 
 you can only say to yourselves, " Weil, the 
 chances are nine out often tha^ the prisoners are 
 guilty. Nay, if you could say that they were 
 ninety-nine out of a hundred— as long as the sha- 
 dow of a doubt remain in your breast, the law 
 says, ' acquit the prisoners.'" That doubts there 
 are, of the guilt of the prisoneis at the bar, to deny 
 could only provoke a smile at the absurdity oi the 
 remark. And now, gentlemen, it rests with you 
 to redeem the character of these men from tbo 
 ignominy — from fhe abyss of infamy in which 
 this arraignment has plunged them, if they are 
 innocent, of which I am sure you can have no 
 doubt If ibey"Sre gui'iy, the direst punishment 
 which the law can inflict, will be their desert, I 
 shall now leave them in your hands. If you find 
 the evidence against them, clear, positive, unam- 
 biguoi?s, find them guilty. I'fyou have a shade of 
 doubt, humanity and the law says, give them its 
 benefit, and acquit the prisoners. 
 
 The Chief Justice then summea up ths evi- 
 dence in his usual clear and lucid manner, and 
 commented upon it in that correct and happy 
 I style which is so peculiarly his own. 
 \ The Jury retired for about half an hour, and 
 ^ returned with a verdict of "guilty" against all 
 the prisoners. 
 
 j Trial of David Sararyer, 
 
 David Sawyer was then indicted for having 
 
 ( on the 13th I'eb'y last, burglariously entered 
 
 j the dwelling house of one Samson Roberts, at 
 
 \ Whitby, and stealing therefrom a watch and 
 
 other articles. 
 
 Mr. H. J. Boulton, Q. C, stated the case to 
 the jury, mentioning that Sawyer was one of 
 those generally known as the Markham gang. 
 Mr. Boulton commented upoii. the fact that he 
 was recognised by the wife of the prosecutor 
 among many others ; and concluded by stating 
 that he heard there was an array of witnesses 
 for the defence, but for what purpose, excapt 
 to prove that Sawyer was in five or six places 
 at once, he (Mr. B.) did net know. The 
 learned counsel then called — 
 
 Aiary Rober 
 of Whitby: o 
 February last 
 belt, a watch 
 Jane William 
 dlesticke, and 
 of various per 
 the morning ( 
 on a 3ofa-De 
 awoke by th< 
 saddle. I sa 
 on his should' 
 fewt of thf 8t 
 he said he v 
 endeavoured 
 weve gone o 
 saw four pers 
 him. After i 
 'twas entere 
 lifting Ihe sa 
 coat. The 
 back in the : 
 
 I did not ; ^< 
 police office. 
 I went to se 
 them, and I 
 have no doul 
 ing of the th 
 the tiave. i 
 house. I di 
 
 Cross-examir 
 I believe I h 
 gle and Mc 
 them the rol 
 I told them 
 Morris Davi 
 said it was 1 
 other person 
 
 I ( ?nnot tell 
 on me on th 
 nothing four 
 *' I have th 
 hands, bi:t 
 keep an in 
 that night. 
 lay down al 
 him some t( 
 ved. My s 
 obliged to c 
 staid an hoi 
 Latham lef 
 look for the 
 tioned my i 
 did cry out, 
 the clothes 
 up in Lua< 
 house. Th 
 fey a youag 
 moitey in 
 it was afte 
 out far f roi 
 
unam- 
 
 ir, and 
 happy 
 
 Mary Roherta.-^l lite in the 8tb conceBsimi 
 of Whitby : our house vras robbrd on the 13th 
 February last at four or Ave, a.m. ; we lost a 
 belt, a watch vfoith about JE5, belonging to 
 Jane WiUianis, my sister, a table cloth, can- 
 
 he had money till his loss was ma(le^!aSP||n. 
 I never saw him put it in the trunk. ^'''-x ^' 
 
 Robert Grfenwell — Lives near Robe1«|^ 
 Was awfikeneo cy the younger son of Ruberts, 
 who said the black -logs were robbing their 
 
 dlesticks, and a greai many coats the property j y^^ ^^^ ^j^j^^j witness . go with him. 
 
 of various persons. Prisoner was in the house 
 
 the morning of the robbery. I was then lying 
 
 on a 3ofa-bed in the siUing-room. I was 
 
 awoke by the ringing of the stirrup iron of a 
 
 saddle. I saw a man leaving with a saddle 
 
 on his shoulder ; prisoner was standing at the 
 
 foot of thf stairs with a candle in hi.^ harui ; 
 
 he said he would knock my brains out if I , ^nvthing about t!)e robbery ; h 
 
 endeavoured to alarm any one till aiter they ^^-^..^..^^ ^nd gave no satisfa 
 
 wwe gone out. I was much terrihed, ana ^ 
 
 saw four persons run from the honse beside 
 
 him. After the family came do • . e found 
 
 'twas entered by breaking the »-ind w and 
 
 lifting Ihe sash. He was dressed in a light 
 ooat. The saddle was found and brought 
 
 back in the morning ; 'twas the best of two. 
 
 I did not ; ^e him again till I saw him in the 
 
 police office. Hearing ther3 were men taken, 
 
 I went to see if i could identify him among 
 
 them, and I did ; I am positive it was he ; I 
 
 have no doubt. I was not present at the find- 
 ing of the things. There -was a deep snow at 
 
 the time. Prisoner was the last out of the 
 
 Wil.n3i=s got up imniediaiely, and took his gun 
 and went ov^rr found tlierii all very much 
 alarmed at Roberta'. Witness searched Iho 
 house to sec if any one was in it ; found no onei 
 except a person who was just dressing, who 
 vas known to witneiss as Jf>hn Miles— saw him 
 hsre to-day ; witness asked him if he knew 
 
 he made no reply 
 ction. Witness 
 searched the bar room, and by this time it was 
 near five o'clock. Witness went to George 
 Ballard's, and he came with witness to Roberts*, 
 where they remained tili morning. Robarla 
 the elder and his eldest son are school-teachers, 
 — they were away from home. A httle snow 
 fell during the night, just enough to ennble 
 witness to track persons. Searched to see if 
 he could find tracks coming' towards the house ; 
 found none, but could trace four going from 
 the house. Saw a track on the banking under 
 the window whjf'h had been broken, which 
 seemed to be from a moccasin or India rubber 
 shoe. Witness traced one of the tracks from 
 
 house. I did not see that he had any arms, j ^^^ j^^^gg f ,r some distance, but the person left • 
 
 the road with a jump. Followed the track • 
 ar/oss some fields, and after crossing the fence, ,. 
 stamped down the snow and concealed a carpet.- 
 bag with men's clothing. Witness did not;, 
 observe vhe carpet bag, but pursued the track, ) 
 which seemed to be leading to the back door • 
 of O'Boyle's house. Ballard came to w'fnes?^; 
 and they re-traced their steps, and Ballard disco'-, ^ 
 vered the carpet bag. They followed the,; 
 track, and saw it all the way to O'Boyle's baik/ 
 
 Cress-examined- -I never said they were armed. 
 I believe I have conversed with Samuel Prin- 
 ele and McCannah about it; but ne/er told 
 Siem the robbers had weapons. If they swear 
 
 I told them so, it would be false. I know 
 Morris Davis ; i\e is not like him ; I never 
 said it was Davis. I have not accused any 
 other person. I was accused and searched. 
 
 I I ?nnot tell who accused me. Suspicion fell 
 on me on the RIonday following. There was 
 
 nothing found on me: When accused, I said, \ door. Witness and Ballard went into O Boyle's,, 
 «' I have th's money ;" 'twas given into m> i bar-room : saw no person there that they bus- \ 
 hands, bi:t I dc not recollect by whom. 1 ,ject*:.l ; -skcd O'Boile if any one had come in =, 
 
 35 
 keep an inn. We had company about ten 
 that night. I was up waiting for my son. I 
 lay down about half-past two or three. I got 
 him some tea, and sHortly after a sleigh arri- 
 ved. My son said, though it was late, I was 
 obliged to cpen. I then let them in ; they 
 
 staid an hour or so. Morris Davis and 
 
 Latham left about half-past two. I did not 
 look for the tracks ; others did. Never men- 
 tioned my idea to Pringle or McCannah. I 
 
 by the back door, 
 anv. 
 
 He said he did not know of, 
 Theje were three or four persons in the i_ 
 room, strangers to witness, apparently frcm the'; 
 back country. Witness did not inquire wlio | 
 they were, fearing O'Boyle might take it amiss.', 
 
 did cry out, but cannot tell what I said. When 
 the clothes were brought home they were tied 
 
 buiidiea. I had a 
 
 few 
 
 up m 
 
 house. 
 
 by a youag man from Krr'land ; he left the 
 
 ni«ney in a box in my sister's room ; 
 
 it was afterwards found sewn up in a belt, 
 
 Bot &!■ from the house. I did not know 
 
 B 
 
 Prisoner was not one of those in the bar-room.f 
 The carpet bag was brought to Roberts by"" 
 Ballard. About a v^?ek after Mrs. Roberts | 
 had been bruised and abused by somebody, andl 
 witness was called to the house. She was in", 
 fits when witness we. it in ; saw the personlj 
 called John Mills there on that occasion. Ho| 
 uoriars in mu ; was jrTi j^t.--.-.;iiy up, 'ir^L 
 
 Tliere was money lost in our house was hired with some one in the neighbourhood.,^ 
 - ■ ' ' , - - Cross-examined. — Mrs. Robertssaid, when wit- 
 ness went to the house, there was a man in ihe;, 
 house — asked witness to search. She said he* 
 had a cleaver in one hand and a candle in the* 
 
10 
 
 that he had threatened to kill lier j 
 ^ le cleaver. — the cleaver was on the stairs ' 
 i In we morning. There was but one foot-mark I 
 '■ dlflhe bank at the window. 
 
 Phillip Rennis. — I went with the last witness. 
 1 considered there was only one track, although 
 there might have been more. It was thought 
 there was more. Following the track I saw 
 the load had been set down twine ; I therefore 
 judged the load was heavy. Had there been 
 
 two, they could have 
 
 gone 
 
 right 
 
 on. The 
 
 snow was deep. The way I was led into in- 
 quiring was curiosity. In the morning, after ! 
 I got up, I saw Ballard and Greenwell in my 
 yard — I saw that Ballard had a carpet bag ; 
 they went over to the tavern and entered. I 
 went over ; Ballard and Greenwell were there. 
 They opened the bag with clothes in it. I 
 (Stopped awhile, and then went home. I went 
 over to Scragg and Purvis, and then we deter- 
 mined to go down and inquire. I went down. 
 The Roberts's seemed very sad, the old woman i 
 and all. They showed me locks broken in 
 the upper room. We then left and started 
 ho.Tie. On our road we observed a track into, 
 and then out of, a field. We shortly found the 
 bundles, with snow kicked over them. We 
 took up the bundles and then found another > 
 track. There were coats and other articles in 
 the bundles. 
 
 Joseph Purvis. — I went there after sun-rise ; 
 we came on up the road-wa^'s. Where the 
 fence was let down we saw some tracks : at a 
 
 party at Mr. Sawyer's, — it was a snowy night. 
 Archibald Ross, Frary Kerr, John Silver and 
 the prisoner were there. We left there be- 
 tween four and five in the morning. It was a 
 sort of ball. I left Sawyer there. He lives 
 three quarters of a mile from me. We w^nt 
 there between seven and eight in the evening, 
 and remained there throughout the night* 
 Sawyer was there all the t'me. This place is 
 pretty near five miles from Roberts's. The 
 prisoner has a small farm, and works it him- 
 self. Cross-examined by Mr. Botdton. — I have 
 heard there are robberies out there, but never 
 heard anything from him. Don't know 
 Roberts's family. I can't tell the day of the 
 week or month the ball took place. I think 
 in February. Cannot tell how long after the 
 robbery I heard of it. Sawyer asked me to 
 come as a witness a month ago, and asked if 
 I remembered being at the ball. I must have 
 heard of the robbery within a month, but will 
 not undertake to swear the robbery took place 
 on the same night. The morning after Saw- 
 yer was taken was the first time I knew he 
 was accused. I think I heard of the robbery 
 two months ago. 
 
 Archibald Rnss. — I recollect the robbery. 
 There was a good deal of talk about the house 
 being broken open at daylight in the morning. 
 It was thought by some they did it themselves. 
 I was at Sawyer's at a party on the 12th of 
 February, and stayed there till the morning 
 of the 1 3th. There was snow about sun-down 
 
 stump in the field we found the bundles. We and dark. I arrived there at six, and left at 
 
 took them to Mrs.Roberls,who identified them. 
 
 John Roberts — I am a tailor ; am not related 
 ♦^ the prosecutor, but was living in the house 
 ..t the time of the robbery. I went to bed at 
 twelve, leaving Mrs. Roberts lying on the sofa 
 waiting for her son. When he came home hi 
 came into my room, and then went into his 
 own. Some time afterward I heard glass 
 broken, but then thought 'twas only something , 
 falling from the table. I did not get up but 
 went to sleep. Towards morning Mrs. Roberts 
 ialarmed us, and said the house was robbed, 
 land t^at one of the mini had threatened to kill 
 her. We then called our nplghbour, Mr. 
 iGreenwell. We went to the grist-mi'l to see 
 |if we could trai k them. Miles McCannah's 
 bundle was there with the rest. We then 
 went westward of the grist-mill, but found 
 nothing. Cross-examined. — I went to bed at 
 welve, but cannot tell what time this occurred. 1 
 % looked everywhere in the house. She told ] 
 bs they were gone, but we :,earched to be 
 satisfied. Counsel then called for 
 
 THE DEFKNCE, i 
 
 j George Cliff.— I know the prisoner at the j 
 jur. At the time of the robbery I was ut a | 
 
 nine or ten next day. I looked at Silver's 
 watch when he drew it, it was then half-past 
 three, and he stayed half or three quarters of 
 an hour longer. His wife and two children 
 were with him — each carried one on leaving. 
 I went over to Silver's in the morning about 
 seven o'clock ; when I got there he and his 
 wife were in bed and asleep. The room was 
 light, and I saw only two foot-tracks. His 
 house is about forty rods from his father's. 
 
 Cross-examined. — I know it was the 12th, be- 
 cause the day before I worked for Preston 
 Stotts, and charged him in Orr's memorandum 
 book — I looked at it last Friday. Stotts and 
 I spoke of the robbery next day. I always 
 charge him, but cannot say how many times, 
 " 'lis quite a quantity." I did not work there 
 
 on the 13th, 14th, or 15th, 
 
 UlJl 
 
 I did on the 
 
 > 
 
 18th, 19th and 20th. I worked for him since 
 the ball. I did'nt " particular" put down the 
 day the ball took place. I am a farmer — t?^at 
 is a labourer. I have a wife ; we live on 
 Joseph Burritt's farm. I was first asked to be 
 a witness on the first of June the first notiRft 
 I had wab /rem Mr. Duggan ; the first account 
 of th'i ro.^ery from Frary Kerr. We are on 
 friendly terms. We don't go about in the 
 
 night. Wher 
 the boys that 
 settledthaX it 
 me, and I sai 
 the ball. By 
 turned to this 
 , circumstancei 
 on my memo 
 Frary Kerr, ( 
 
 John Silver. 
 is distantly ( 
 recollect the 
 left it at five 
 robbery in t 
 this was an Y 
 to bed. A n 
 robbery at br( 
 generally. 
 Siere was " 
 five miles fn 
 of Reach, 
 next day ; I 
 home ; I pa 
 llth of May 
 have recolU 
 home. I ha 
 is considerec 
 supposed to 
 Cross-examh 
 the time I 1< 
 past three ; 
 Cliff, and otl 
 
 gone 
 
 Ross 
 
 till he got h 
 Bradleys, — ' 
 don't know 
 six — his bn 
 two miles ai 
 ley's ; he w 
 returned, ai] 
 I cannot sa; 
 he told it, ai 
 not say whc 
 many travel 
 logs, and ot 
 
 Frary Kt 
 the robbery 
 night. Th 
 o'clock — th 
 child. We 
 before ; the 
 I heard of 1 
 light fall < 
 wnole time 
 — I had no 
 
 Sarty ; I li 
 one so for 
 brother-in-j 
 with prison 
 on the 12th 
 Silver wen 
 
11 
 
 night. When I went over, we talked about 
 the boys that was taken and the ball. We 
 settledthaX it was on the 12th. They asked 
 me, and I said the robbery was the day after 
 the ball. By a Juror. My attention was not 
 turned to this matter till since the aiiest : the 
 
 Ross stayed all night ; I was not up when he 
 vent away ; I looked at Silver's watch at two 
 o'clock— -not after. I know Bradley's,— 'tis 
 , two miles and a-half from us. I think I spoke 
 Ito parlies to attend as witnesses,— I thmk, 
 among: others, to Ross. Prisoner has borne a 
 
 turned to this matter till smco ine auesi , iu« auiun^- w...^.^, ^^ — ^ knowledse. 
 
 circumstances occurring together impressed it good name so far as I ^a/|^any^novvlecge 
 on my memory. I heard of the robbery from \ I think I spoke to I<oss,^«j- ^-^^s^ay evening, 
 Frary Kerr, (we think) he is on£ofthat school. 
 
 but not as to his evidence. 
 
 Miles McCannah.—lvfus at Roberts' when 
 
 the robbery was committed. Mrs. Roberts 
 
 told me she was up till three, and that Norns 
 
 and another were there till a late hour,— that 
 
 I ^ot nome-^she saw men walking on the platform that 
 
 .J — - ... .. , T^,- J T ' nio-lit T asked her if she had any idea who 
 
 this w^ an hour before daylight : / cbd not go night I asked her t _^ ^^ ^^^^ ^^ y .^ ^^^.^^ 
 
 to bed. A man named Bradley old me of the < '^p^^ff^'^^^om, another was there, with a 
 robbery at breakfast table ; he told us the news ( ^^^*^^/f ^^^J^^ s face was blackened. She 
 generally. We breakfasted about seven ; ^^^^^^'/^^^^^^^^^^ the two Warners, people 
 Siere was « considerable talk." I live about , ^J^^^^^^^^^X suspected them. Cross-e'xa- 
 five miles from Roberts, in the 1st concession ^^^^"1^^^^ Green^^vell and Ballard com- 
 
 of Reach. I had to ffet some writings the ^ wi^wea. iieconuci 
 
 John Silver.— I reside in Whitby : my father 
 is distantly connected with the prisoner. I 
 recollect the robbery because of the ball ; I 
 left it at five minutes to four. I heard f the 
 robbery in the morning, when I got home ; 
 
 «v,„.v.. . ..^. - - Sawyer ten years,-ne '■^ 5"; ,.;;j;' ''T locked" there five days ; I only 
 
 is considered an honest man, and never ^^a« 1 ^f/'f^^^ drafter : we parted goJd friends. 
 suDDOsed to be guilty of such an offence. < stayed one aayduei . op ^ 
 
 Cr^'exaM-l know I am correct as to Christopher Hodgson.-l have known Savv- 
 thTt mTl lef?,-I showed my watch at half- yer for four years ; we have been near neigh- 
 mst three I left David Sawyer, his wife, hours three years. I he^-^^ ^b°;f,\^?,7,^^'^7; 
 CUff, and hers there ; only two or'three were but could not recollect the date till I bethought 
 eone ; Cs staid,-he said he didn't go away me of Sawyer's party. I was called away to 
 Suhe g?t his breakfast. I took breakfast at \ Toronto on the 12th, and ransacted business 
 Bradlevl!-'twas about daylight we had it : I at the Bank of British North America. Don't; 
 don't know where he went. ^He got up about know there was a ball, further than having an' 
 six— his brother and I were together ; 'tis invitation to it. ,. . . j 
 
 two miles and a-half from Sawyers' to Brad- Abner Hurd.—l am a magistrate, living six- 
 ley's ; he was only out a short time when he miles from these parties. I cannot say I know; 
 returned, and said a man had told him this, the prisoner ; I have heard some for and some; 
 I cannot say how long I stayed at Bradley's : against him, but cannot say that I know any- . 
 he told it, and then it became " talk :" he did \ thing personally. Until this robbery, I had) 
 not say who mentioned it to him. There are | never heard anything against Mrs. Roberts. 1 
 many travellers on the road— people drawing j^^. ])uggan addressed the Jury at consider-? 
 logs, and others. able length, on the prosecution of Sawyer andj 
 
 Frary Kerr.-l was at a party the night of others,-as well as on the evidence offered foi.- 
 the robbery— i/ie supposed night : I stopped all the defence. j 
 
 night. The prisoner went away about four His Lordship charged the Jury at some^ 
 o'clock— the wife and he each carrying one length, who shortly returned, with a verdict ot' 
 child. We made arrangements just one week « Guilty." The prisoner was not sentenced/ 
 before ; the ball was on a Thursday ; I think ^ ' 
 
 I heard of the robbery next day ; there was a 
 light fall of snow; Sawyer was there the 
 whole time, 'till four or five. Cross-examined. 
 — I had no watch ; it was I who invited the 
 
 Sarty ; I live at prisoner's father's, and have 
 one so for four or five years ; Sawyer is my 
 brother-in-law; I work the farm on shares 
 
 t 
 
 Toronto^ Wednesday, June 2ith. '. 
 Trial of Henry Jol»uson. ^ 
 
 Henry Johnson, charged with breaking inter 
 the house of Thomas N. Scripture, in the, 
 township of Whitby, and stealing therefrom a 
 pair of trowsers, value JEl, was placed at thei 
 
 with prisoner's father : I am sure the bail was ( "ar. ,, „ . , t uv 1 *i '. 
 
 ^the iSh T I heard of the robbery next day. Thomas N. Scnpture.-l was robbed on the, 
 ^Iver went away a little before the prisoner ; ^ 20th of August last, about two in the mornmg, 
 
 I 
 
 I 
 
12 
 
 I heard some one enter, ?nJ calied out, but got 
 MO answer. I heard th« door unlocked,— 
 'twas done after one of the lights at the side 
 were broken ; they got in, unlocked the dooi, 
 and hoisted the sash,— this led into the hall, 
 the party then went through the room adjoin- 
 ing, that we call " the square room," to my 
 bed-room door. I had left my pantaloons 
 hanging on the chair in the other room. On 
 hearing the noise, I got out of bed, and then 
 heard some one run towards the hall. I fol- 
 lowed, and in passing through the hall, found 
 my pantaloons missing. I did not see the 
 party. There was a pocket-knife, some keys, 
 — and the key to the money-drawer in them ; 
 that that locks the bar sash had the hoop off,— 
 I had substituted wire bound with tape. There 
 was change in the drawer ; early in the even- 
 ing, Mr. Draper came to change small bills for 
 large,— I gave him seven or eight $10 bills ; 
 I had other monies, but paid this publicly. I 
 put the notes I took from him into ray pocket- ; 
 book, and the book into my pantaloons pocket. ; 
 I judged whoever stole them knew I had the ; 
 mone>, and thought I was watched through the \ 
 w indows, on going to bed ; I hung the panta- < 
 ioons on a chair, in the adjoining room. I heard < 
 ' them come close to my door, — the step was < 
 quick and light ; I called all up. I live at < 
 Windsor ; 'tis seven miles from Nelson Gra- 
 ham's, — that is towards Reach. I don't know ( 
 the prisoner ; am not aware that I ever saw \ 
 jhim till this assize. Cross-examined by Mr. ^ 
 liBlake. — I attended to the fastening of the^'win- 
 i|dow, and am satisfied it was done that night. ( 
 ||I saw no trace of any person, nor could I hear ( 
 any one; I did not set the dogs on, that I^ 
 recollect. I cannot tell what money there was 
 in the pockets ; I never left much ; I feel 
 confident there was some. 
 
 Daniel Spencer. — I know the prisoner, and 
 recollect the robbery; the first I heard of it 
 was the everung that Johnson and Jim Allen 
 had gone. I live about fifty rods fipm Gra- 
 ijham's. They passed down east to go to the 
 jplank road ; I did not recognize them. The 
 pext morning I went to Graham's, and they 
 Iwere there telling him what they had done. 
 There was Graham, Stoutenborough, Johnson, 
 JAllen and myself. There were some dogs 
 pretty wild, they said, <*like enough they 
 |were on their track ;" they mentioned they had 
 got Scripture's breeches. Johnson pulled out 
 a key ; he said he thonght 'twas a desk key ; 
 Ke pulled out a bunch also, and buried them 
 in the chips in the barn. They said there was 
 some small change. Cross-examined by Mr. 
 plaice. — They said they Lad been deterred 
 from proceeding further by hearing some one 
 getting up and shout " Siboy !" when they 
 run. Johnson had a string of keys, but I can- 
 
 not tell whether he aooko of more than one. 
 
 Cannot say whether the key called Scripture^s 
 
 key was buried. They said, jokingly, "we 
 
 shall spoil this man." Some one said he was 
 
 foolish, he replied that he always buried 
 
 thmgs where people walked. I cannot say 
 
 why I went over. This went on in the stable, 
 
 and as though I was not there. The dogs 
 
 were barking and they listened, and therr went 
 
 on telling how they got on. 'Twas the second 
 
 time I had seen Johnson, although I saw him 
 
 \ frequently afterward. I never hesitated about 
 
 J identifying. It was shortly after I got home 
 
 they passed ; my wife drew my attention to 
 
 (them. This^was in August; why I recollect 
 
 ( it is, that Graham came over for them to 
 
 ( breakfast at my house, as he did not wish 
 
 I Bunce to see them. I heard Scripture's depo- 
 
 ^sition. They said they had to hurry when 
 
 \ Scripture called out. 
 
 i EUet) Graham was then called by Mr. Boul- 
 ; ton. Mr. Blake objected that her deposition 
 ; had been taken after the committal of the 
 prisoner, and behind his back, and quoting 
 Queen Caroline's case, urged that her evidence 
 should not be received. This was overruled 
 by his Lordship. She then deposed^ that she 
 heard of Scripture's robbery the next morning, 
 and continued:— I was at Graham's when 
 Johnson, Stoutenborough and Allen came. — 
 They went out with Graham towards the stable. 
 I had never seen them before. I went home 
 again. About sunset I saw these young men 
 pass, afterwards Stoutenborough and Graham 
 carne over to our house. They staid a little 
 while. The next morning I saw my husband 
 talking to them over at Graham's stable a little 
 after sunrise. Cross-examined. — After the rob- 
 bery I recollect distinctly their coming. I 
 had not seen Johnson till the ua,y I named. 
 He told ray husband of the robbery. I have 
 been tried for larceny. 
 
 William Bunce. — I have lived at Whitby 
 with Graham and with Spencer. I went to 
 Spencer's on the 27th day of August, and 
 heard of the robbery some time afterward. I 
 saw the prisoner with Allen at Graham's a few 
 days before I left. Graham said his name 
 was Henry Reed. I saw him at Graham's 
 frequent!) nter I moved. I did not know 
 Stoutenborough, but there was one there whose 
 name I did not know. Cross-examined. — I 
 worked Spencer's farm till the other day on 
 shares. He worked steadily. We parted in 
 March by mutual consent. We got the writ- 
 ings on the 29th of September. All the profit 
 I got was from saw-logs. During the time I 
 was there we did nothing but logging— thc 
 season was unsuitable, ispeueer was arrestecl 
 before I left. I knew nothing about the rob- 
 bwiee. There were three etolea, bl^wkek 
 
 found in Graha 
 of the affair, 
 at eoasiderabl 
 their attention 
 positions, and 
 
 They retiree 
 Court no verdi 
 
 Robert Burr 
 from the numl 
 a Jury could n 
 adjourned. 
 
 Tbe Burfflai 
 
 '1 
 
 Before Mr. . 
 
 This mornii 
 JolmsoD, not 
 discharged by 
 the court. 
 
 Robert Bu 
 into the dwell 
 and beating hi 
 
 Mr. Boultoi 
 and was proc 
 was identified, 
 Duggan, who 
 stating anythii 
 or as to Burr 
 
 Mary Mar 
 
 the morning c 
 
 alone nearly 
 
 and half-a-miU 
 
 sold the cattle 
 
 seventy-two i 
 
 was committe 
 
 property, and 
 
 half for sheep. 
 
 by us. We 
 
 two-dollar bil 
 
 rest were five 
 
 we had sewe(j 
 
 Our clock die 
 
 certain, but 
 
 eleven. I he 
 
 men. At first 
 
 I woke my h 
 
 I feared there 
 
 to keep then: 
 
 the door was 
 
 the two Stou 
 
 ed to the bed 
 
 struck me. 
 
 husband, givi 
 
 said, "Morn 
 
 your money 
 
 lacs aciii 
 
 
 I'll take youi 
 M the head, 
 Ikopt the m 
 
13 
 
 found in Graham's house, but I was ignorant t 
 of the affair. Mr. Blake addressed the Jury | 
 at eoasiderable length, principally directing 
 their attention to the mode of taking the de- 
 positions, and the character of the witnesses. 
 
 They retired, and at the time of leaving the 
 Court no verdict had been returned. 
 
 Robert Burr was then placed at the bar, but 
 from the number he challenged (seventeen,) 
 a Jury could not be obtained. The Court then 
 adjourned. 
 
 Toronto, Thursday, June 2,5th. 
 VUe Burglary and Ouirage in Reach. 
 Trial of K. Burr. 
 
 Before Mr. Justice McLean. 
 
 This morning, the jury sworn to try Henry 
 JoltnsoD, not having been able to agree, were 
 discharged by his lordship, on the opening of 
 the court. 
 
 Robert Burr was charged with breaking 
 into the dwelling-house of one John Morrow, 
 and beating him with the intent to kill, Stc. 
 
 Mr. Boulton explained the case to the jury, 
 and was proceeding to state how the prisoner 
 was identified, when he was stopped by Mr. 
 Duggan, who objected to the learned counsel 
 stating anything about the mode of recognition, 
 or as to Burr having been in prison elsewhere. 
 
 Mary Morrow. — Our house was robbed on 
 the morning of the 8th of November ; it stands 
 alone nearly in the centre of a 200-acre lot, 
 and half-a-mile from the road. My husband had 
 sold the cattle on Thursday, for which I received 
 seventy-two dollars and a half; the robbery 
 was committed on Friday. I had sold other 
 property, and had received two dollars and a 
 half for sheep, in silver. We had oiher money 
 by us. We had four four-dollar bills, two 
 two-dollar bills, and one one-dollar bill ; the 
 rest were fives ; with it was some silver ; this 
 we had sewed up in a pillow under our heads. 
 Our clock did not go ; therefore, I cannot be 
 certain, but I think we went to bed about 
 eleven. I heard the dogs bark, and the feet of 
 men. At first, I thought they were neighbours. 
 I woke my husband and told him to get up as 
 I feared there were robbers : the dogs soerned 
 to keep them back. At the moment I spoke, 
 the door was burst open, and four men entered ; 
 the two Stoutenboroughs first. One man rush- 
 ed to the bed in two strides from the door, and 
 struck me. One (a strangpr) then struck my 
 husband, giving Km several blows. He then 
 said, "Morrow, it is not your life I want, 'tis 
 your money. You have got seventy two dol- 
 
 t 1 _ U_irr»> .m»*l.> . ^l.,^ tU^rrt 4r> ma r\r 
 
 I'll take your pweet life." He thea struck me 
 9& the hiaad, saying the neighbours told him I 
 jkopi the iQQnejr. N^tb^n Caiese was theo 
 
 searching the desk. I told him we had lent 
 the money to a friend, but he replied we had 
 not been there since we received it. He then 
 put a piflol to my car, and one to my husband's 
 breast, demanding the money, or he would 
 "take our sweet l<ves." My husband told :ne 
 to "get the money, and quick and save our 
 ives." J then got it and gave it to hisn : there 
 was a roll of notes : the purse he cut in J wo, 
 and one-half fell on the floor. He put the 
 silver in his pocket, and kept the roll in his 
 hand. The Stoutenboroughs went outside.— 
 They brought a candle with them. I know all 
 of them except the prisoner. He 1 hnd never 
 seen before. He whs the man that .oat my 
 nufband. I am sure he is the man. I said it 
 was not Temple, but a man like hinu [Mr. 
 Duggan objected that this evidence was not 
 dmissible; that, on Stouenborough's trial, she 
 knew nothing of Burr ; and urged that she 
 should be confined to what she heard, and said, 
 and did.] I went to the gaol with Mr. Gurnett. 
 He ordered Burr to be brought up. A man 
 was brought np, but he was not the party. He 
 then ordered Johnson to be fetched, and this 
 man came. 1 immediately said, " that is the 
 man." I had not seen him since the robbery. 
 Mr. Gurnett then told me his name was 
 Robert Burr. Prisoner d-d not speak when 
 he heard me say he was the man. When 
 he got the money, he counted and shook 
 the bills, and said, " that would do, but it 
 would not save our lives," and demanded 
 ^300, adding, "The neighbours say you have 
 it." He then beat my husband and me, and 
 swore he would take our lives. He said, 
 " Morrow, you said you were robbed, and so 
 you was, but you shall never be able to tell of 
 this:' My husband was left apparently 
 dead— insensible. Burr reached round rae 
 to beat him. I put a quilt and then a pil- 
 low to protect him, when Burr raised the club \ 
 
 i 
 
 to strike him on the back of his head. They 
 had been gone for some time, when my hus- 
 band came to. We had a child in bed with us. 
 It cried out, " Pappy and mammy all bloody." ', 
 He then raised the club, and tried to strike the ! 
 child. I put up my hand to protect the child, t 
 and received the blow. It broke my little l 
 finver. He then ordered us out of bed. My / 
 h sband got across the room by leaning on the r 
 chairs. We were both bleeding profusely ; he f 
 cursed me for looking at him ; tie then stepped I 
 back and presented a pistol, and finally struck ,£ 
 my husband with the club, when he fell par- f 
 tially into the cupboard. He was about tO| 
 strike him again, when I raised a chair over our 
 hpiaAa to nrotect us^ He then struck me thr«e.i 
 limes, demanding why I looked at him. Wfe^eOi 
 my husband got up, he knocked him dowoi 
 again appar«ntlv lifeless. There was one slightj 
 
14 
 
 of tlu 
 
 movement 
 
 I raised his head, but he seemed dead. Burr 
 
 then said, «' Bring on your other men, and I'll 
 
 serve them the same.'' 
 
 He then knoc 
 
 gaol with Mr. Gurnett and my mother. The 
 gaoler brought up Johnson under the name of 
 
 ,. - , , , ^»rr. Mother and I said 'twas not the man 
 
 e same. I told him I was helpless. > When the next man (the prisoner) was brought 
 ked me down, and told me to go > up my mind was made up as soon as I could 
 
 h—l with my Scotch brogue. He then ] see him. Cross-examined I remember beinff 
 
 looked at my liuskuid and said, "IJe'll tdl no ; here before, and what 1 said. I have had con- 
 more tales, and tor you, go to h— I with your > versations with people about it. I did'nt hear 
 long prayers." He then went to the door, > them break in. I went up stairs because I was 
 
 to 
 
 frightened. 
 
 I sal up in the bed but can't tell 
 
 returned and said he would knock his d — d 
 
 brains out on the floor. He then ^tru.vk at the > how long. The party standing at the outside 
 head, but. struck the floor. I begged of him to I door w,-.s Hiram Stoutenborough. He called 
 let the lifeless corpse alone. He then knocked > out when Burr struck, " Morrow takes it now." 
 me down cgain. When I got up, he struck j My parents were struck three times before I 
 meacross the moulh, and knocked my teeth out. \ went up. I did not take particular notice of 
 He then bragged, » Tins you got (the money) ] what mother said before ; but, I believe, it was 
 by your industry, but where is it now ?" I fol- > that she thought "it was a person like Tem- 
 ple." Father thought it was him. Burr was 
 
 . Jt "'^"' vyiiciu la Ik IJUW ! 1 lUl- J luai suo iHought 
 
 lowed him out, and told him that I knew him. ' pie." Father thought it wai 
 
 He then threw the club at me, and knocked me \ striking father whife Caisso was m my room. 
 
 down. The club was left there. There were ) When he left the room he stood at the fool of 
 
 were ten or eleven in all ; they went away ) father's bed. 
 
 three different roads. When he demanded the * 
 
 S300, 1 said they were promissory notes. He 
 said I might go to h — I with t4iem ; he would 
 Ipay tis a visit ivhen ihcy became due. Ciosl- 
 examined. — My husband said, the parlies were 
 the Stoutenboroughs, Cuisse, and Scott or 
 Temple., l hia'ed, on the last trial, tiiat if my 
 life was spared,! should recognize the man. I 
 
 [The clear manner in which the evidence of 
 this little child was given, exhibited a degree of 
 intelligence and shrewdness of observation, 
 rarely to be met with. It did not, however, 
 save her from a cross-examination — so harsh as 
 
 to set her weeping — an examination better 
 I suited to such witnesses as Spence and Stotts.] 
 
 had no conversation willi Atwick about it. I > John Morrow, the father, was then called, 
 swore he had glassy dark or brown eyes, blue ) but his evidence presented no new feature. 
 
 beard, thin lips, and yellow complexion. I 
 don't know what my daughter said ; she is 
 here ; 1 have seen Temple ^iiice. 
 
 Margaret Morrow, (daughter of the last 
 witness.)—'' am eleven and past ; we live in 
 Whitby ; we lived in Reach till April. I re- 
 member them coming to our house in Novem- 
 
 Sarah Jihrahams. — I did live servant with 
 Hiram Stoutenborough ; the house is half a 
 mile from Morrow's. I recollect hearing of 
 the robbery ai his house. Two strangers 
 came there the night before the robbery, and 
 stayed there the next day aud night ; I got 
 supper for them that evening. Hiram told me 
 
 ber, the evening of the 7lh, or morning of the \ \° ^^^^ ^^^ breakfast ready early in the morn- 
 8th ; I should think 'twas after twelve. The \ '"8" f""" ^-heso parties — prisoner was one. I 
 
 first thing I saw was Nathan Caisse, who came 
 into niy room, at the west en^ of the house ; 
 there is a door to divide it from the kitchen, 
 but it id not hung. I knew Caisse, from his 
 constantly coming to grind his axe on our 
 grindstone ; I had known him three or four 
 years. He threw every thing out of the chest, 
 and then went to a desk in the kitchen, just at 
 
 don't know their names. I have never seen 
 him since till lately in town. I saw Johnson 
 the other day in the City Hall. I have 
 learned their names since I have been in town. 
 I got up about six o'clock, but Jacob Temple 
 came in and said I need not hurry, as the 
 strangers Avere gone. I have no doubt as to 
 his identity. They had horses. I heard no 
 
 the bed-room door ; he came back, and turnod ""•"^^ ^^'^^ *^^y ^^'"^ ^f^'^''^' * S^^ ^^e sup- 
 everything over again, and then left the room, \ P®*"' ^"* ' cannot say whether they slept in 
 telling us to lie still. Prisoner said he would \ *''® house. I don't know that they went to 
 take our father and mother's lives ; he was the ^^^' Cross-examined. — I saw one take the 
 man that beat them ; he struck my father, first horses out in the morning, I thought to water, 
 demanding " f 72, and the price of the sheep > '^^^y ^^®P* ^^^^^ ^^^ ^^^^ "i&^<^ J I waited on 
 he had sold to his neighbours ;" al ter that, he \ *^''®'" ^^ supper. Their bed-room was off the 
 struck my mother, while sitting up in bed.— P*^'*' ^"* ^ cannot tell whether they went to 
 While father was laying, he struck him on \ ^^^' 
 
 the back of the head. I went up stairs, at last, Rachael Stoutenborough. — The prisoner 
 and as I left, I saw my father falling against came to our house on Thursday evening, the 
 the cupboard. land my brother went up, leav- night before that on which the robbery took 
 mg a younger brother in bed. I went to the < place. They remained there till Friday night ; 
 
 i 
 
 they were the: 
 three hours. 
 stranger in tht 
 why how did 
 seen Johnson, 
 are the men. 
 the fall. I ci 
 the last time 
 was up at two 
 there was nob 
 
 Jacob Tempi 
 the time, and 
 ber two strai 
 night. The 
 other is called 
 what they we 
 They left abo 
 heard them o| 
 They shook 
 and told hinr 
 and be going, 
 but they musi 
 the fire while 
 Mr. Dugga 
 called for 
 
 JVathaniel 
 hotel, and he 
 I spoke to hir 
 the prisoner, 
 to answer me 
 He told me t 
 a grey coat ; 
 that it was v 
 grey. He ac 
 home-made c! 
 taller than 1 
 plexion, a sm 
 This was on 
 inch and a ha 
 pressed a wi& 
 took me up ' 
 and went d 
 kitchen — Mri 
 descending si 
 sat down be 
 her eyes con 
 " that is not 
 robbed me w 
 the height. 
 with dark ha; 
 was here at 
 said the man 
 or Scott, bu 
 Mrs. Morrov 
 his coat was 
 
 Lit: 
 
 
 hat and new 
 swear— that 
 for** directly 
 me and I fell 
 
15 
 
 »r. The 
 name of , 
 ! man.— \ 
 brought 
 I could 
 er being 
 had con- 
 rnt hear 
 ise I wag 
 an't tell 
 outside 
 [e called 
 it now." 
 before I 
 otice of 
 e, it was 
 :e Tem- 
 lurr was 
 y room. 
 B fool of 
 
 and 
 
 ( 
 
 f 
 
 they were there during the day time for two or 
 three hours. While I was giving change a 
 stranger in the bar said to prisoner, " Hallo ! 
 why how did you get out this far T' I have 
 seen Johnson, and am positive he and prisoner 
 are the men. I got supper for one of them in 
 the fall. I cannot say what time they left ; 
 the last time I saw them was about ten. 1 
 was up at two to give my child some drink, and 
 there was nobody in their bed. 
 
 Jacob Temple. —I lived at Stout«?nborough's at 
 the time, and lived there a month. I remem- 
 ber two strangers coming on the Thursday 
 night. The prisoner at the bar is one, the 
 other is calhd Henry Johnson. I don't know 
 what they were doing. I was not at work. 
 They left about four on Saturday morning. I 
 heard them open tjje door and come in bet'ore. 
 They shook Stoutenborough, who was in bed, 
 and told him they wanted "to pay ihoir bill 
 and be going." They went to bed about ten, 
 but they must have gone out. One stood by 
 the fire while Johnson roused Stoutenborough. 
 Mr. Duggan (counsel for the prisoner,) then 
 called for 
 
 THE DEFENCE. 
 
 JVathaniel Burr.—l happened to be at Post's 
 hotel, and hearing some one call Burr by name ) 
 I spoke to him, tdling him I was the uncle of | 
 the prisoner, and asked him if he would object ) 
 to answer me a few questions ; hesnid " No !" 
 He told me that the party who beat him had on 
 a grey coat ; that he took particular notice : 
 that it was what would be called a blueish > 
 grey. He added that it was " boughten," not 
 home-made cloth ; and that the party was a little \ 
 taller than I, and heavier ; of l dark com- 1 
 plexion, a smooth face and black spiirkl'ngeyo. 
 This was on the 26th day of May. I am an 
 inch and a half taller than the prisoner. I ex- 
 pressed a wish to speak to Mrs. Morrow. He 
 took me up Queen-street to a grocery store, | 
 and went down some steps into a sort of) 
 kitchen — Mrs. Mori.)W was there. On my 
 descending she looked me full in the face ; I 
 sat down beside her — he in front. She had 
 her eyes continually on me, and at last said, ; 
 « that is not a Burr, or if it i?, the man that | 
 robbed me was not a Burr." I asked her about | 
 the height. She said he was taller than you, 
 with dark hair and very dark sparkling eyes. I 
 was here at Stoiitenborough's trial. Morrow 
 said the man that beat them was either Temple j 
 or Scott, but could not say which. 1 asked > 
 Mrs. Morrow as to the dress. She said that 
 his coat was grey, with black velvet collar and ^ 
 
 *>in<n<in>vci nantalnnna ohoniiprprl. nn n\(\ straw 
 
 littJ!!!'!t.gl7, J • i --; -•■ 
 
 hat and new boots. Morrow said he should'nt 
 swear— that he could not swear to the parties, 
 for "directly they came in (he said,) they struck 
 me and I fell on my face,— the blow was re- 
 
 peated, and I then could only see a glimmeft.V^ 
 light of a candle." Cross-examined. — Morrow 
 came to me at Post's. I did'nt hear Stoulen- 
 enborough charged ; I expect he is a murried 
 man. 1 don't kiidw that Burr has any home. 
 He was in Markham last fall ; he was on his 
 father's farm, — hisfather lives somewhere round 
 there. He lived at a house on his father's 
 place, — I believe 'twas his father's house, and 
 that he occupied it. I heard Morrow making a 
 statement, but cannot repeat it, or say whether 
 my statement is consistent with what I have 
 previously said. 
 
 Thomas Blanchard. — T live at Markhara- 
 I was living tliere in November, and was talk. 
 ing to the prisoner's brother on the Friday;— 
 he was then repairing a mill-dam, and asked 
 me to assist. "The next morning, Saturday, I 
 saw bun about ten o'clock — I saw him at his 
 own door. I was informed of a robbery. My 
 wife told me she had seen Burr. Mr. Burr 
 mentioned it to me, and asked me if I had seen 
 him. 1 thought it strange. Cross-examinedo 
 I have lived in Markham a year and a half. I 
 was at the lime attending mill for Mr. Ayres. 
 I heard of the robbery the week after it occur- 
 red, but I cannot recollect the date. Robert 
 Burr was buying a pig from his father, and I 
 was writing that day. The first time I was 
 spoken to was this week. Burr was accused, 
 I think, about the 12th or 13th. Icould'nt say 
 positively 1 saw him on the Friday. I did not 
 tell his father — it runs in my mind it is Mc- 
 Cannah. I cannot swear that I saw him any 
 day that week. Burr left that part of the 
 country soon after. 
 
 Reuben Burr (brother of the prisoner.) — I 
 heard of this robbery about the time it occurred. 
 Nathaniel Burr lives five miles from me. I ara 
 thirty-five miles from Morrow's^, I have beeo 
 within three miles of the hcuse. I heard of 
 the robbery ten days after. I saw him on 
 Thursday, and again on Friday, between sun- 
 down and dark. He brought my horse home, 
 he had borrowed. 1 next saw him on the Sun- 
 day. I was ill Toronto on Saturday. Croe»' 
 examined.— \ heard from several persons that 
 he was suspected. 1 told Nathaniel somfitimes 
 
 i 
 
 I 
 
 in the winter, and my father after Christmas. 
 My uncle is farming his own land. I told my 
 father right out. My brother was not likely 
 to bring the report from Reach himself. I ara 
 positive he was at home on the 7th. I was in 
 Reach about a week or ten days before the 
 robbery. He [the prisoner] left our part of th« 
 country on the 18th of November. He went 
 p.way on foot alone ; he was talking of leaving 
 all the fall. I believe his wife and family are 
 at Port Huron, Michigan. 
 
 Mary Ann Burr. — I am the wife of the last 
 witness. I heard of the robbery at Morrow'* 
 
 ^ 
 
16 
 
 Ih^'begi 
 
 of ihe week after it took pin 
 
 )m my own family. We « ^ , ,, , 
 
 Uncle ; we were too low ^Pl"?"" T"" "°* ''''''^^' ^^ borrowed twelve 
 
 liim to visit us. After I ^"'.^^^f "^ "'f' f^TT^ **" '^^c T ."'^'" ^" ''" 
 
 mv mind ^^^^ ■' •^" ^^ ^'"^^ P*""* °^ -^"'y '"^ *^"™ 
 
 ^ was passing his door, he called to the driver 
 
 — \ all talked of. When the story came out t said 
 that was on the 7th of November, on a Friday, [ nothing ; Stotts worked for mo three or fonr 
 We lived in a rented house. I saw Robert ( weeks befuie. Tho little door leading out of 
 Burr on the 2n'\, 3rd, and 4Lh. I saw him on ( the granary was then as usual. There were 
 the Friday morning. He came to borrow a < some green oats on the railing of the concea- 
 horse for the day to draw wood. Cross- < sion that convinced me they "had gone over. 
 examined. — [ recollect the dates, because my \On Monday night Slotts was at home, 
 business leads me to think of it ; 'twas a par- « ; /-. » / . « . ^ . 
 
 licular week with me. I hpard of the robbery \ .r?"'''' ^."'^^tt' (^."^^'"berof the Society 
 on the Thursday following. 1 first henrd < °^ 7'*'^"^"-)-'^^^^^'"^ '^°/'"'^^^d «»'"e bags o^ 
 Robert was suspected, in the wmter. I did "'^ ^"'S ^Z ^hree days before the robbery-he 
 not hear anything fr ..m my own family. We < P^''^^^'^^^* '"° ♦'^'^^ the oats he was to have from 
 did not often see our 
 in circumstances for hi 
 heard it was chaiged upon him, 
 
 reverted to all the circumstances. v , 7 i . • . . . 
 
 'Pt««, P „ T iJ/ n J F . ^"" requested him to take the quantity home. 
 
 Thomas Farr, James Walker, and Jatoh < u^ ^gnt me the oats and the bags. ^ 
 Jtiush, gave evidence, but of an unimportant I ^ ^i 
 
 character. < Caspar Stotls.—»-[ know of this rohberj^ 
 
 The learned counsel \Mr. John Dugganl r;!"'"^!;^ ^'^''^ V"^ Hubbard came to rae oQ 
 addrewedthejuryatconsiderablelength, taking iJ,^ ^^^'^^Y "'g^t, and said that they and 
 occasion to denounce the mode in which these ( f '^"?'"& ^^re going to get some oats. I re- 
 Fosecntions are conducted, the seeming preju- 1 ['l^""^ [1 ^?' ^^^T^ \}lt^ "" ^''^^ ..'"a"' who I 
 dices of the juries, and the suavityof the judge. *''""^^^ ™ght tel . White was living at my 
 
 ' J s ^ house, and wished me to go. Hubbard took 
 
 The jury, after retiring for a tira?, returned < the waggon, and White followed. Cross- 
 with a verdict of " Guilty." The prisoner was [ examined.—They were thieves and I have been 
 sentenced to be executed on t&e 10th day of ^ so. I have told lies, but not to you or in this 
 August next. { court. I am not a liar or a thief. 
 
 ""'•^ s Daniel Spencer. — Prisoner told me in gaol 
 
 Trial of John Fleming. } that he had got some of Wilson's oats and 
 
 John Fleming, charged with breaking into the < wheat. I knew him before he was brought to 
 
 granary of Caspar Wilson, in the township of |gftol. He was dismissed by the magistrates 
 
 Pickering, and stealing therefrom certain quan- ^ alter 
 
 examination. He said that if "Stottg 
 swore he was present he would swear to a lie, 
 as ho was in the waggon in the road all the 
 time." I had no chance of seeing him after- 
 wards. He said 'twas Hubbard White and 
 himself. Cross-examined. — Fleming never 
 was an associate of mine. I have seen him at 
 
 titles of wheat and oats, was arraiffned. 
 
 Caspar Wilson.— I live in the centre of the 
 township c f Pickering. I found that I had lost 
 sixty bushels wheat and fifty bushels oats ; 
 they were kept in the granary, which, with 
 the barn, was locked. The barn stands on a > 
 Btone wall on the west end ; the granary on horse races, but never recollect being with him. 
 the east. I discovered that plank was removed, He told me 'was at Caspar Wilson's. We 
 placed there to keep the pigs and geese out. ^^'"^ walking up and down : they all flocked 
 About eleven, I went into the barn and missed ""O""*^ "^^ ^^ S^^ ^he news. I told hira I thought 
 the scoop shovel. There was a place for the things were against him, and "he then ups and 
 do Jf between the barn and ihe granary, but ^^lls me." I had not then been in gaol. I 
 none hung. The east end opened upon a piece have not conversed with any party about turn- 
 of spring wheat. A lad was with me j '"8" Q-'^^en's evidence. Elmore Crandell came 
 but I said nothing to him. I could trace < "P ^""^ "^s'^^ ^^ '-^hat he should do. I told 
 nothing except about a quarter of a mile dis- \ Wna I did not know, but if the evidence against 
 tant. The barn stands twenty rods from the him were strong he bad better plead guilty.— 
 ooncession lino — my house is about twenty rods H® ^^ he thought he should do so. He told me 
 from the road. The foot marks were plain > he thought he could implicate some. 1 told him 
 
 pie 
 
 through the piece of wheat — there were three 
 bag-strings left in the granary by the parties 
 who removed it. I have no reason to suspect 
 tn^ prisoner ; an that i kno^ is thai I wua rob- 
 bed. Cro8a-e3:amined. — I have no reason to 
 suspect the porties living close by. I did sus- 
 |»ct Stotts. I asked hie man, but he said he 
 wai not away. Btotte a»<i the Whites were 
 
 if he did torn Queen's evidence to swear against 
 no man unless it were the truth. I married his 
 sister. 1 did not tell him 'twas no matter who 
 
 I I J 
 
 lie Ulilil'^CU. 
 
 TT^ I 
 
 iu hku iUU.-r 
 
 UU.U UUIUi. 
 
 The gang swear for one janother— they genecal- 
 ly do it. 
 
 Caspar StoHs (recalled.)-— I have fciwwn 
 him eight or nine yearn. I vms <Dot a thief then. 
 
 \ 
 
 Mr. Dugi 
 on the Jury, 
 the trials, th( 
 accusation, 1 
 He then calli 
 
 Mr. Pam 
 
 always thouj 
 miles from h 
 three years ; 
 his friends. 
 
 Samuel C 
 with Hubba 
 bard had bee 
 kept a shoe 
 house ; he i 
 years ago, a 
 I kn^w noth 
 ing has beei 
 loafer ; he \ 
 middling." 
 
 The Jurj 
 returning w 
 
 Tr 
 
 Henry J 
 the 5th Sep 
 one John R 
 and stealing 
 articles. 
 
 Mr, Blai 
 reception c 
 others, in t 
 decision on 
 had been ar 
 the past we 
 
 John Ro^ 
 My house ^ 
 'tis on the 4 
 house is aw 
 on twelve, i 
 tho next lot 
 I saw two 
 advancing 
 rods distant 
 thing, but t 
 coloured ot 
 me about t 
 went to ge 
 farm ; I ht 
 told the h 
 things take 
 I immedia 
 thing turn 
 chests wen 
 the rifle, w 
 incntion be 
 knew one 
 Graham ; 1 
 than the pi 
 highest he 
 
17 
 
 tit I sai4 ' 
 ! or fonr 
 g out of 
 sre were 
 conces- 
 le over. 
 
 Mr. Duggan — in defence, sought to impress 
 on the Jury, that in this, as in many others of 
 the trials, there was no evidence to sustain the 
 accusation, but that of Spencer and Stotts. 
 He then called, as to character, 
 
 Mr. Panton.—l know the family, and have 
 always thought them respectable ; I lived five 
 miles from him, and have met him for the last 
 three years ; I don't know whether he has left 
 his friends. 
 
 Samuel Cochrane (recalled. )--Fleming was 
 with Hubbard ; it was publicly known Hub- 
 bard had been in the Penitentiary. Hubbard 
 kept a shoe-shop, — not an inn or boarding- 
 house ; he returned from the penitentiary four 
 years ago, and people deal with him as usual ; 
 I kn'^w nothing criminal against him. Flem- 
 ing has been at work middling ; he was not a 
 loafer ; he was a man of good character "full 
 middling." 
 
 The Jury were absent but a short time, — 
 returning with a verdict of " Not Guilty." 
 
 Trial of Henry Johnsoii. 
 
 Henry Johnson was indicted for having on 
 the 5th September last, entered the house of 
 one John Rogers, in the township of Markham, 
 and stealing therefrom a watch, rifie and other 
 articles. 
 
 Mr, Blake, for the Prisoner, objected to the 
 reception of the evidence of Spencer, and 
 others, in this case, pending their Lordship's 
 decision on the points raised by him, and which 
 had been argued fully before their Lordships in 
 the past week. 
 
 John Rogers. — I live in East Gwillimbury. 
 My house was robbed on the 5th September ; 
 'tis on the 4t^ concession, lot number 15, — the 
 house is away from anything else. Just close 
 on twelve, at noon, I went across the road to 
 the next lot, to water my horse. On my return, 
 I saw two men upon the road ; they were 
 advancing towards me, — they were about six 
 rods distant ; I expected they would say some- 
 thing, but they did not ; I noticed they were 
 coloured of a yellow colour. After passing 
 me about twelve rods, they looked back. I 
 went to get a saddle, to go down to the other 
 farm ; I had not more tlian got it, when I was 
 told the house was torn in pieces, and the 
 things taken; there was ^ woman in the house. 
 I immediately came back, and found every 
 thing turned upside down ; the boxes and 
 chests were broken open, — but all I missed was 
 the rifle, watch, and a half-dollar that 1 did not 
 
 i-" _ - 1--C T il Ui -J. iU~ ii, — — fUni T 
 
 UIUUllUM ULTlUru. I LllUUgllt HI lUt; liUiv; luai. X 
 
 knew one of them ; I thought 'twas "^Tarvey 
 Graham ; the man I took to be him was taller 
 than the prisoner; of the two that I saw — the 
 highest had a dark coat, with light hat,— the 
 
 other a light coat, torn in the sleeve, and a blue 
 cap. I first heard of the charge against the 
 prisoner when I received the subpuena. I com- 
 plained against Wilson and Harvey Graham. 
 They used to live close by there. They were 
 acquitted. They were not dressed like the 
 Grahams. The gun was mads in Toronto — it 
 was a cut rifle — the stock was of curled maple. 
 Joseph Beaver was about the house that day. 
 I never named this to Stotts in my life 'till I 
 saw him here 3 weeks ago. I never cotjversed 
 with him or Spencer till I saw them here. — 
 When in the Police Office I was surprised to 
 hear the particulars. I learned there was a 
 quarrel about the guns as one stood outside 
 while the other was in. I had saved £400 to 
 buy a farm, and having to pay for it on a certain 
 day, they thought I had it in possession; this 
 is the v/ay it leaked out. I had had £200 or up- 
 wards then. 
 
 Joseph Beaver, — I did not see them when 
 they first came. My wife was alarmed and 
 jumped out of the window. I then went up and 
 looked through the pane of glass. The little 
 
 fellow said, "d n you, if you don't clear I'll 
 
 blow your brains out." I then went away. I 
 cannot say that prisoner is one on account of^ 
 the disguise. , 
 
 William Bunce, — I lived with Daniel Spen-lt 
 
 cer from the 27th August. [Here the witness 
 
 ; recapitulated the evidence he gave on Wednes- 
 
 ( day.] He was charged with the same oflfencoi 
 
 { 1 knew that Johnson and Allen were at Gra-|[ 
 { ham's in August, and frequently afterwards.' 
 \ Johnson was tallest. Allen usually wore blue 
 \ cloth. Johnson a grey coat and double breast 
 I ed black coat. Allen got a fresh dark suit before 
 ^ leaving. Nelson Graham lives on the 7th con-.^ 
 ^ cession of Whitby. I do not know whore* 
 ( they were going to when they left. Cross^ 
 { examined. — I never was taken up for robbery^ 
 \ I never told the constables — [Hera the Crowi^ 
 ( prosecutor interposed, and he and Mr. Blak^ 
 ( had a sort of sham fight, each calling on th^ 
 \ Bench to justify their course ; subsequentlji 
 \ they sat down ai.a smiled benignantly on eaclj 
 \ other, 'till Mr. Boulton called,] [ 
 
 < Caspar Stotts, who said, — i\llen and John- 
 [ son called on me on the afternoon with the rifl^ 
 
 < and left it. They said they were going tr 
 ^ Graham's. A week afterward they came bacJ 
 ( and said, 'twas John Rogerij's gun who live^ 
 I away at the north-west. They said they go^ 
 (it about 12, A. M>, and that they understoof 
 1 there was £200 in the house, but they did'ri 
 
 iiiiu 
 
 anc 
 
 ■ IXIVJ 
 
 
 \ ....v. »-5 «,..^. ""-J ^iJ^-T. iilu .„., 
 
 [ they did not mention to me. They said whe' 
 [ the women halloed they escaped. Alle 
 \ charged Johnson with having got more than th 
 ] half-dollar, but he would give n ) more, an» 
 
18 
 
 stated he would never go with him again. I 
 gave information before Rogers had said any- 
 thing. The Graham's were tried but got off. 
 Cross-examined — I cannot tell when 1 first 
 knew Bunce. I was not acquainted with Al- 
 len and Johnson long before the robbery. I 
 think that was the first time. He came and 
 told me some of the particulars. He mentioned 
 he got these at Rogers'e. 1 know Spencer. I 
 don't know what coat he wore. He sometimes 
 wore a dark coat. I cannot tell the month this 
 occurred, but 'twas after harvest. I gave bail 
 to appear to take my trial. I was one of the 
 first arrested. I have not yet been tried. I 
 hav3 been living on my farm since the adjourn- 
 ment. I do not consider myself a curse to the 
 country, but I do to myself. Although I have 
 turned Queen's evidence, I may be brought up 
 for judgment at any monent. I have been 
 connected with several robberies. 
 
 Mr. Blake then rose and addressed the jury; 
 principally calling their attention to the nature 
 of the evidence — that it was that of accom- 
 plices. The learned gentleman argued that 
 none would be so able to give a detailed account 
 as the principal, or an accomplice; and then for 
 a short time descanted on political judges and 
 levils they inflict on .he country. Commenting 
 |on the conduct of the prosecution, he said, 
 ^"froni all I see, that (the prosecution) pays far 
 better than the defence;" and continued, "the 
 judgments of some judges are not worth a 
 fillip; but he, whose decision I quote, labored 
 long and had great experience. I am not 
 quoting for you the opinion of a political judge 
 j(pointing with his left hand to the Crown pro- 
 secutor), placed on the bench for his political 
 opinions — pitchforked there without profes- 
 jsional claims; but those of eminent men." The 
 learned counsel then drew tiic attention of the 
 jury to parts of the evidence, urging that, ac- 
 cording to the decisions recorded in the Eng- 
 i^ish books, it could not properly be received. 
 !'j His lordship then summed up, commenting 
 upon the evidence; and told them that without ; 
 disbelieving Spencer, it was a kind of evidence 
 !to be looked upon suspiciously. 
 
 The jury retired and shortly returned with a 
 verdict of "Not Guilty." 
 
 Trial oE Bluiorc Crai:<dcll. 
 
 Elmore Crandell was then placed iit the bar, 
 charged with stealing a black coat, waistcoat, 
 paniiiioons, a vvatch, a giiii, a fur cap and other 
 iirticles, the property of Thomas IStark. 
 
 Thomas Stark. — My house was broken 
 pen last Octolicr ; il is on lot 5, of the 8ih 
 onccision of Whitby ; this was done between 
 i«Tht and nine, i went to liaihcrwood's ''rais- 
 
 forced; I saw some of my clothes on the floor. 
 The gun produced is mine ; I paid £5 13s. 
 sterling for it in Scotland ; the first time I saw 
 it after the robbery, was at the Police Ofl5ce ; 
 I expect it was discovered through certain 
 information. We followed the track of two 
 men, but could not find them. I charged no 
 one at the time. I, with some of my neigh- 
 bours searched several houses, but we could 
 find nothing. I had no conversation with 
 Spencer, till I came up to this city. 
 
 Van Ransallaer Warner (Mr. Duggan 
 objected to him, as an accomplice, but the 
 objection was over-ruled.) — Prisoner sold me 
 th3 gun, a little better than two years ago ; I 
 gave him a cutter for it ; there was nobody pre- 
 sent ; there was a balance receivable by me. I 
 know Daniel Spencer, — I don't know the pro- 
 secutor, nor do I know his house ; I have been 
 in gaol three weeks. The account I have given 
 to-day is the same I have always given. I 
 never was examined as a witness on this. 
 
 Jng.' 
 
 Un my iclurn, I t-uw ihu duur had been 
 
 \ 
 
 \ Jacob Diali Gates. — I know Stark ; I saw 
 \ him have a gun like this. To the best of my 
 I knowledge and belief, I saw it in Warner's 
 ; house. (In reply to Counsel.) — I have no 
 \ doubt — 
 
 \ Mr. Duf^gan objected, that the learned 
 > counsel had no right to ask him " whether he 
 l has doubts T* 
 
 His Lordship. — ^That is i new doctrine to 
 me, Mr. Duggan : go on, Mr. Boulton. 
 
 Warner (in contimuttion. )—ile wished me 
 to trade with him for it, but I said I would 
 rather have a single-barrel shot-gun. Grots- 
 examined. — ^I think the Crown has another 
 charge ogainst me, about a saddle, but I knovr 
 of no other. , 
 
 Ransaeller McCarthif. — ^1 took the gun in 
 exchauge for the cutter. When [ asked where 
 it was got, I was answered from Elmore Cran- 
 dell. I got it a year ago last March; I had no 
 knowledge of iis being stolen ; I told them 
 where I got the gun, and parties came down 
 and bailed me. 
 
 John WatJcins. — I went and searched the 
 last witness' \u for the gun ; I saw it on 
 the top of the cupboard ; I had a search-war- 
 rant ; ho told me at once how he came by it, 
 and I was satisfied, by his manner, that he 
 knew nothing of the robbery. 
 
 Daniel Spencer. — I know this gun belonged 
 to Stark, and I know how it left his possession: 
 Crandell and I went, after seven. We broke 
 the house open and got it, — also a coat and 
 vcst,Jand other artjcief, and $1^ in money,— 
 this was in the fall of 1843. When this infor- 
 mation was given, there was no charge against 
 uic for this robbery. Cross examined.— -I did 
 
 i 
 
 ^ 
 
 not know all t 
 with Udell. 
 
 Mr. Dugg 
 to go to the , 
 but Warren'j 
 being an ac 
 evidence car 
 indictment is 
 
 The Judg 
 
 Mr. Dugi 
 prisoner. 
 
 Mr. Boul 
 plice, till sh( 
 
 Mr. Dugi 
 ing the jury. 
 
 Mr. Boul 
 talk. I did 
 three cases t 
 thought I ) 
 would do. 
 
 Mr. Dugi 
 accomplice ; 
 will allow ai 
 that they w 
 than one c 
 application t 
 for the rece] 
 the grand ju 
 tions. 
 
 The Leai 
 the jury, afl 
 "Guilty." 
 years' hard 
 tiary. 
 
 Trii 
 
 Before M 
 
 George 
 charged wit 
 ing bouse o 
 of Reach, t 
 property. 
 
 Mr. Boul 
 called— 
 
 Thomas 
 19th and 2 
 home. I 
 He knew I 
 out the daj 
 and then n\ 
 my father*! 
 and he not 
 it. My wi 
 got the p 
 prisoner's 
 on Saturda 
 went dow 
 n»"ne on a: 
 
r 
 
 19 
 
 not know all about Udell's affair, nor did I plan it ' night. That wa- the night the gun was stolen, 
 with Udell. ' I saw him twice on Saturday. He knew my 
 
 Mr, DnggannxgB^ that there was no case j wife was from home. [^r. D^^" ob^^^^^^^ 
 to go to the JuryAhat there was no evidence to the question put by tlie ^^ar^d co„n^^^^^^ 
 butVarren's to connect Crandell with it, and "D«d he know your wife was there 1] He lives 
 
 at his father's. He was there that day. A 
 neighbour of mine came and told me the dog 
 was shot, and lying weltering in his blood. I 
 went home, and tliere found the dog dead, 
 
 > lying on the step ; the door half open. The 
 \ blood v/as cold. The gun was gone. I saw 
 ) the prisoner coming from his father's. He was 
 
 > going east ; 1 west, and in the direction of my 
 ^^ house, but outherly. He did not say where 
 ) he was going. I said to him, " You have done 
 
 > the job at last, and stole the gun." He levelled 
 
 being an accomplice, it is laid down that his > 
 evidence cannot be received, while another 
 indictment is hanging over his head. 
 
 The Judge. — Is Gates' evidence nothing ? 
 
 Mr. Duggan. — Nothing to commit the 
 prisoner. 
 
 Mr. Boulton. — This man is not an accom- 
 plice, till shown to be so . 
 
 Mr. Duggan. — You admitted it in address- 
 ingthejury. .—-j -■ " j j u\e 
 
 Mr. B9ulton.-~^ThB.t shows how you will ; the gun he had with him at me and sai^^^^^^ 
 talk. I did not address the jury at all. I lost you say that again, I'll put a ball through you. 
 three cases after addressing juries. I therefore > I suspected hmi at once, because he had wanted 
 thought I would try what the other course | the gun previously. 
 would do. > Mr. Duggan urged that one suspicion could 
 
 Mr. Duggan argued that the receiver is an > not be given in evidence to support another, 
 accomplice ; and also, that, although the judges > and begged his lordship to note his objection, 
 will allow an accomplice to give evidence, yet ) MoffaU,in continuation.— He asked me to' 
 that they will not do so where there is more ) jg^ ^^^ ^ave it. I said it was too good. He 
 than one charge against him ; further, that > 
 application should have been made to the court ' 
 for the reception of evidence not tendered 
 the grand jury. The court over-ruled the objec 
 
 tions. \ long ^^ jg^ rp^Q case I had for it is 4ft. 2 in. 
 
 The Learned Judge then &amraed up ; and ', n ^ag silver mounted and guarded. The door 
 the jury, after retiring, brought in a verdict of J :^r, lyas cut away, and the nail that fastened 
 " Guilty." The prisoner was sentenced to five 
 
 > said, when with John Hooker, « I understand 
 
 "^^' > you have a cross dog • if 'tis killed, you'll knowj 
 
 ^° > who to lay it to." It is a eingle-banelleu gun,i 
 
 ■^' \ of London manufacture. I don't know how 
 
 Inner it is. The case I had for it is 4ft. 2 in. 
 
 years' 
 tiary. 
 
 hard labour in the Provincial Peniten- 
 
 Mondm: '"iie 2.dth. 
 Trial of Georgfc Crandell. 
 
 Before Mr. Justice McLean. 
 
 George Crandell was placed at the bar, 
 
 )the latch thrust' back, but the windows were 
 ) not disturbed. I complained to his father. 
 \ He said, " Robert, if the gun is not brought 
 \ back, it shall be brought where you can get it." 
 
 Cross-examined hy Mr. Duggan.—-! met 
 
 him about an hour after the robbery. I can't 
 
 say he was coming from any house, nor can I 
 
 be' positive which house he was coming from,. I 
 
 charged"with burglariously entering the dwell- \ think 'twas between 7 and 9. My wife had been 
 
 ing house of Thomas Moffatt, in the township ^ home. John Hewlett told me the dog was 
 
 of Reach, and stealing therefrom one gun, his ( Killed. I cannot say the time. It rnight be 
 
 property. \ an hour before. It was because he said^ " You 
 
 Mr. Boulton stated the case to the jury, and have a cross dog &c." that I suspected him. 
 
 called < There was nothing saia about my wife being 
 
 r;ioma» J»fo#a«.-.Ilost a gun between the Uway in Crandell's presence. He was not 
 19th and 22nd May, 1844. I was away from < working with me. He passed through the 
 home. I was at work at prisoner's father's. ^ field once to get hard xyood to cuo wedges out 
 He knew I was there. I worked there through- < of- He went home atter cutting the. wood, 
 out the day. He was at home in the morning. The rain came on after dark. I did not say he 
 and then away till sun down. I went down to I "cocked" the gun. I know Spencer. I nevei 
 my father's that night. I wanted a plough, • saw him at my house. I don t know that he 
 and he not having finished with it, I waited for ; knew where I lived. I cannot tell where h( 
 it. Mv wife went home on the Saturdav. I ; «lept that night more than where you slept las 
 the plough that day, and ploughed fortnight, no person told me to look alter Spen 
 father. The things were all right ; cer. I have no knowledge of a conversatioi 
 
 got 
 prisoner's 
 
 on Saturday at noon. After my day's work, I \ with Abner Brown about him. 
 went down to her father's for iier, but rain \ Catharine Moffatt. — We liv 
 n«"tie on and we could not return home all ^ shanty when the gun was lost. 
 
 [ in Brown'" 
 
 It was a sho 
 
20 
 
 gun. I cannot deschbo the marks. I was 
 coming from my father's, when I met my hus- 
 band going down to Sciigog Lake for potatoes. 
 I went with him, but did not return with him. 
 He wont round Byington*s corner; I, a nearer 
 cat, across the fields. I overtook Abner Brown 
 and walked wit!i him. I saw a man standing 
 on the wood pile opposite our door. I said to 
 Brown, " he does not seem much afraid of our 
 dog." He was looking round, but I think he 
 did not see us. He went from the wood pile 
 towards the door. He had been in the house. 
 He then got on the wood pile and looked round 
 again. He then caught sight of us an'' re- 
 treated round the end of the sloop, the opposite 
 side to us. The dog had been vexed— so much 
 so that he would not let us go in. I then told 
 [Brown to go a little back. There were large 
 pieces of wood that had been thrown at Iho 
 dog. He then allowed me to go in, and he 
 \iDent to the place where the gun always hung, 
 \and then to the gun itself, which had been taken 
 idown and set against the window. It was 
 jplaceu where it could be taken out. The man 
 4 saw was the prisoner. I had been absent £: 
 3 hours. He saw me going away. The ; 
 un was in its place when I left, on two spikes 
 pn the back wall. The hole in the wall in 
 i^which there is no sash is large enough to admit 
 the man. The door was shut when I left, and 
 ^he dog watching. The window is on the west 
 side, the door on the south. My husband had 
 stretched canvas across this window place, with 
 ;3ome beech sticks to keep it from flying in. 
 The dog was a large dog. The cloth was re- 
 Haoved as well as the sticks,- and lying on a 
 bhest immediately under the window. He 
 Walked away fast and took to the wood. It 
 ivas not far. That was not the natural way to 
 {eave. Cross-examined. — I told my husband 
 when he came home. This attempt occurred 
 ibout two years ago, and about 3 weeks before 
 1 gun was taken. T knew old Crandell : he 
 l]ived about a mile away. I did not go to him. 
 I mentioned my suspicion. There is a small 
 slearing in front of the shanty. When he got 
 m the wood, he was wai '^'ng to see if any one 
 '^as coming. We wer^ far off from him. 
 
 '. told the neighbours 'twa, ndell, and Brown 
 
 magistrates I thought there were some brass 
 nails on it, but I am not sure. I do not recol- 
 lect any conversaticn with Lucy A me Brown. 
 I never saw her in gaol. I nsver i id 'twas I 
 and Benjamin Crandell who took the gun. He 
 was in the penitentiary when the gun was 
 stolen. I don't expect to get off without pun- 
 ishment. I cannot say what led me to the 
 Crandell's on th^t occasion. I had been to the 
 house wlien Brown lived there, but not after. 
 It was daylight when Crandell told me. I did 
 not tell any one till I told Mr. Gurnett. I 
 advised him to plead guilty. 
 
 Mr. Duggan, addressing his Lordship, said 
 the only evidence against the prisoner was Mrs. 
 Moffatt, and on the occasion to which she de- 
 posed there was no severance of possession 
 such as the law required. 
 
 His Lordship thought differently, and sum- 
 med up to the jury, who brought in a verdict 
 of " Guilty." 
 
 The prisoner was sentenced to five years 
 hard labour in the Provincial Penitentiary. 
 
 vent after him into the b 
 rackj returned. 
 
 David Spencer. — I heard that Moffatt lost 
 jjis gun, the day it was done. After supper, 
 
 randell told me he had the gun. I married 
 >andell's sister. He asked me to go down to 
 he field with him and he would show me the 
 jun. I did not take it in hand or examine it. 
 
 did not take much notice of it. Chryssler is 
 onnected with the Crandell's, by marriage. 
 le married tke prisoner's aunt. I don't know 
 yhere he lives. Crosi-examined.'-'l told the 
 
 Wednesday, July \sl. 
 The (Sentences. 
 
 Present — The Chief Justice, Mr. Justice 
 McLean — W. Proudfoot and George Monro, 
 Esquires. 
 
 James Stoutenborough, Hiram Stouten- 
 borough, and JVathan Case, convicted of 
 burglary at the house of John Morrow, were 
 placed at the bar. 
 
 The Chief Justice, addressing them said,^ 
 That at the time of their conviction objection 
 was taken by their counsel that the offence was 
 not sufficiently stated, and that the verdict was 
 general. His Lordship explained to them that 
 the first objection was raised on the omission of 
 Morrow's name in one clause of the first count, 
 and added, that it had had the attentive consid- 
 eration of the Judges, who were of opinion it 
 was not a fatal objection. And now — said his 
 Lordship — I would say a few words to you. 
 You have been found guilty, after a patient 
 inquiry by a rery inteUigent jury. With re- 
 spect to Nathan Case's connections nothing 
 
 but, losing the l '*>'^^'' '"^^'-^"""^ -"'"^ »-""--"""■' T r^ 
 ' ° came out, but as to you, Stoutenboroughs, it is 
 
 well known that you belong to a respectable 
 class — the farmers — one without any of the 
 temptations to which some positions are liable. 
 Although no circumstances can excuse such 
 crimes, yet there are in some cases redeeming 
 features that induce us to look raore favour-ibly 
 on them ; but yours presents no such palliating 
 circumstance. The law leaves us the discre- 
 tion of recording the sentence of death, leaving 
 its disposition with the government— who, I 
 hope, may see fit to mitigate it. The Court 
 
 I 
 
 will, therefore, 
 the statute, re( 
 
 John Smith, 
 reason why sei 
 on him for larc 
 Lord, of the < 
 Spencer." 
 
 His Lordship 
 Smith, that th 
 the evidence ol 
 we could desir 
 counisel, who i 
 some portion c 
 to tell the jury 
 sible. but that 
 far they felt ( 
 There being m 
 knowledge of 
 frain from inl 
 almost forbids 
 ing his charad 
 on you, John I 
 for twelve mo 
 men gaol of tl 
 
 Jacob Teni} 
 any reason w 
 said, " I have 
 that I should 
 light as I coul 
 
 The court 
 hard labour in 
 
 Robert Bui 
 saulting John 
 being called u 
 such charge." 
 
 Justice Mc 
 recorded sent 
 parties who \ 
 offence. No 
 with you in tl 
 proved that 
 evidence brinj 
 You beat this 
 left apparent] 
 
21 
 
 I 
 
 \ 
 
 will, therefore, under the humane provisions of 
 the statute, record the sontpnce of death. 
 
 John Smith, on being asked if there was any 
 reason why sentence should noi now be passed 
 on hinv for larceny, said, "I am not guilly, my 
 Lord, of the charge preferred against me by 
 Spencer." 
 
 His Lordship.-^ ^t happened in your case, 
 Smith, that the ..y unfortunately had not all 
 the evidence of that unquestionable character 
 we could desire. You were ably defended by 
 counfiel, who objected to the admissibility of 
 some portion of the evidence. I was careful 
 to tell the jury that the evidence was adtnis- 
 siblej but that it was for ihem to decide how 
 far they felt credence could be given to it. 
 There being nothing else against you, to the 
 knowledge of the court, T think it better to re- 
 frain from inflicting such a punishment as 
 almost forbids the possibility of a man regain- 
 ing his character. The sentence of the court 
 on you, John Smith, is, that you be imprisoned 
 for twelve months to hard labour, in the com- 
 mon gaol of the Home District. 
 
 Jacob Temple, on being called on to give 
 any reason why judgment should be stayed, 
 said, " I have nothing to say, my Lord, only 
 that I should like to have the punishment as 
 light as I could." 
 
 The court sentenced him to eight months 
 hard labour in the common gaol. 
 
 Robert Burr, convicted of burglary, and as- 
 saulting John Morrow with intent to kill, on 
 being called up said, "I am not guilty of any 
 such charge." 
 
 Justice McLean. — The court has already 
 recorded sentence of death against three other 
 parties who were associated with you in this 
 offence. Not but they were equally guilty 
 with you in the eye of the law, but it is not 
 proved that they used the violence, but the 
 evidence brings this home to you conclusively. 
 You beat this poor man. Morrow, until he was 
 teft Apparently dead. One witness says you 
 
 said '' Morrow would tell no more lies." In 
 addition to this, you said "they had been rob- 
 bed and had told of it, but they never should 
 be able to tell of this," By the evidence, you 
 left him weltering ip his blood, and without the 
 sign of life. The jury have found you guilty 
 1 on the second count far the burglary, and on 
 ; the third for the entering and attempt to mur- 
 der. The law allows us, where there are any 
 
 mitigating circumstances, tu record the sen- 
 tence of death, as in iho Stoutcnboroughs' case, 
 but in your case, with the evidence so clear, I 
 do not feel I shoulJ be exercising a sound dis- 
 cretion to aiier the course of law. It will now 
 be with the executive government — but I do 
 not feel at liberty to interpose. The sentence 
 of the court on you, Robert Burr, is, that you be 
 taken back to gaol, and that on the lOih day of 
 August next you be taken to the place of exe- 
 \ cution, and there hanged by the neck till you 
 \ are dead. I cannot hold out any hope of its miti- 
 \ gation. All that can be done is by the iOter- 
 
 < cession of your friends ; but it is my duty to 
 \ tell you that I cannot second such application, 
 ( shou.d it be made. The prisoner, who appear- 
 ; ed unmoved during the passing of the sentence, 
 \ was thwU taken dov,^n. »i 
 ) George Crandcll, convicted of stealing a 
 ^ gun, the property of Thomas Moffatt, was then 
 'l brought up. He denied his guilt. 
 
 < The judge briefly alluded to the evidence^ 
 \ and sentenced him to five years hard labour in 
 [ the Provincial Penitentiary. 
 \ Elmore Crandell, his brother, for a like 
 \ offence, received a similar sentence. Mr. Dug- 
 I gan objected in each case, that the evidence 
 I upon which they were convicted, was the evi- 
 
 < dence of accomplices, and he contended, inad- 
 ( missible — r uesting his Lordship to note it. . * 
 \ David Sawyer, convicted of bur-lary, MvaJs' 
 (then brought up; but Mr. Boulton stated that 
 
 < some circumstonces had come to his knowledge 
 ( that induced him to doubt the prisoner's guilt, 
 ( and that, in cc -'sequence, he should not call on 
 i the court for juugment at present. 
 
 :).il 
 
 ■4i: 
 
 >ih 
 
SCOBIE k BALFOUR, 
 
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 and Political Economy, with Dissertations on 
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 D. K. Sandford, A.M.D.C.L., on the Progress 
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