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TO THE PUBLta 
 
 
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 Ux\DER THE SIGNATURE OF 
 
 -A RELATIVE," 
 
 PUBLISHED IN THE CANADIAN FREEMAN, 
 
 OF THE 2STH FEBRUARY, 1828} 
 TOGETHER \ - ■ "^ 
 
 WiTH A FEW REMARKS, 
 TRACING THE ORIGIN OF THE 
 
 UNFRIENDLY FEELING WHICH 
 
 tJLTLMATELY LED TO THE UNHAPPY AFFAIR, 
 
 TO WHI CH THAT 
 
 LIBEL REFERS, 
 
 Hth March. 
 
 1828. 
 
 1 PRINT Kll BV JOHN |( AUFY. I 
 
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 Tim LIDEL. 
 
 roil THE CANADIAN FREEMAN. 
 
 TO THE rUBUC. 
 
 «M lav-, for a Ion? time, u.ter..lc(1 to make known to the world the 
 famon.n'-l,. Lite of the luto youth, Mr John m.lout an.l the '^I'-cnmMan- 
 ces rolafn.u^ to his u,.t,m.!.v onci ;-for ton year., I !.«ve ^'-utod for « 
 fav«rahl« oppurtuuitv ,o hnn^^ th. nvat.er forwa.d-thc hour has now 
 alrived-ami I shaU'not letit pa^s by- they have laid .heir own .nare 
 &nd let tlicm be taken in tftfir own toils." 
 
 u ,„ , p.,nph!ot, latHy printe.l by thp Kl<s Printer, entUIrd a 
 u Ci.,»nio'.t of Fxis," .^c. SaA.uol P. Ju'vis, the dc-sMroyer of h... la- 
 rn^td ; th,ond.avour.to juMify his .:o,.dnct by ..a„np: that he 
 "arted under a fatal n.c.ssitv whi^h the condition of hnman .ocety 
 inH,o:r;,.n,l surrendered himself nn!,esi,aMnuly to the "» -•- ;;'f- ^J,^ 
 I„ ,h,. U Iv Eovalist of the IGlhin«t. hims,.lt,or someone ot his f, .endB 
 a"aln ailu.ies to" the svn^ unfarrunate trans.c.ion, nnder the ..-nature 
 o? "A Subsci-ihe.-," and uiako^ the followin- arisart.on .— 
 
 u Mr JarviB, thou-h unfortunate, is known to have acted ati hoti. 
 or.hle and upriu^ht pa.t, and his suhseqncnt conduct .n «u.-rendera.g 
 h m el t. thS odieel-s of .Insti.e, and cndari.^ a lon^ and pa.nful .rn- 
 ndo me, t, which ended in a pubhc trial, at .Inch " VJ^" >-;7''-;.^'y 
 Senn nedbv a jqry of h:. country, has.-otketed '^^^'YT^^ATltZ^k 
 r;^/.r, which ilch ea!umi-mt.,rs as the Editors of the Advocate and 
 /■VtTfH'/n cat. nevui injure." 
 
 u I cannot .uiT.r the forc-oin^ to pa«. unnoticed and «''«" 'J^-JJ^^ 
 contradict it in every scus-^ of the won!, as it .s -HI C.own »>t;^ 'hat ^ 
 rrreat crime was .;on.mit.ed, and t'.it a n.ock tnal fodowed Thus has 
 S"?o,.rde of a boy served to be a boast, and to exult the character ot 
 s " a 'r and to reflect thut - credir upon him wh.ch («5 h>s fne..c.« 
 I vt o c. lumina.or can destroy. IJnt truth can destroy ,t-and the.-c. 
 Se, I h.ve undertaken the puiaful ta.k of «ahmitl.«„. the following 
 statement of facts upon I'.is meUuicholy sulv.ect.— 
 
 .. I he foUowincr is a par.-ative of the life of the late .John R;dout, 
 and of he ci •cu,ns,;,u-es attend a V.is nnmnely death, at the early age 
 o li;^h.een y< a,s and .ix month:, by a .n.rder -m.n.tted npo« h.m 
 by SamMci F Iar»is, on the mornin- of the lUth .Inly, 1817. 
 
 u John Ridout was born in .his town, on the 9th Janua.-y, 1799 ; 
 ^•hou nit'.e venrsold, his f.Uh-r look hie, to En-land, a-.d sent lun. m 
 Tn o at sch<;L,.o th^ niue Oat School, in Londou-.n about s.x ...onths 
 a er h-.s fi.he 's return to this conut.-y, he be-red thai he m.jrht a so 
 ;!;'t'n.n horn --ha did so-and went to school at Kins^ton, under Mr. 
 Whilelaw." o.o r- 
 
 '' On thehi-eakin- ^.,tof the American War, in June, V-l!-!;!"' 
 eral H.ock haviuv taken m-.-ch notice uf l.im, appointed h-,n. n..dshpma.t 
 i„ ,he Provincial Navy, and he served that y'^^^'^lnitec^- 
 he pa->ed the fallowin- winter at home, doing duty here, on the cap 
 tore of this town : in April, IGl;}, he was taken pnsouc.-, but was».v - 
 
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 Jered to remain on parole for scvoial moiitlu ; iu D»rpm1n«r of that vphv 
 onpofhis brot'i.'.s .v.isHpoointo.l {>•■;.... y As.istaur t! ,an)issa.> (i-.f-nl' 
 anH^iai.o.ied ui Cornwall, in. he i:a..<..ii Dslrictcf tins IVokinco \» 
 •001. as I.e took cli.ime, l)eii,- ,|,>sirous U ,„o/ide l„.t..-r for his l,".>i|,\.p 
 John, than the ..m^p^cts iii (h> P.ovii.cial N.ny ali-.r lu,l, he ai,..li..,J to 
 Comtn.ssa. v tieuoral, Sir \Villi,i:., K„l.in>oii, .or a .ituaMoa lu, hV,. u.d 
 h«wa9ar)p..ute.laCnnMiissariutCiork, ii. l-hruarv. ISU, ai .hou-e 
 of fiftPMt. >-.;ars, iiirl Hiv,:r{ with Inui .luri.io- ,v rennui.ler of th» War 
 
 tl.at hf^wa^ placed i,i charge of a Dop.-, ahoui -25 nii'es iVo^n C.nnvuli 
 aud 8 let Kei^iaieiirs for about three maoilia ' » >>* , Jm, 
 
 "[nJune. IHir,. t'.e wir beinr Piidcd, and many e«fa'.Iishmon»» 
 broken up, ihcy s.er.- >,rder.d .oQuel,.c, «here he served u,.iil Au-n^.t 
 181b At th(^ irroai redncCou of the Ar nyahout ll.attiine, h.- ua^Tdis' 
 eharq^ed w.t'.a o..,„uiry of nix u.outhv' pay, and a very kind and hand. 
 .o,„elett«.r(ro.n the€.n.mi.,ury Gen ral H- .hen oncn rnore.elurned 
 ho.ne, miU a happy h.-art, I.elovc.d by all uho kaovv hiu,, was arncled 
 a«aBtude„taf l.w to h.s h.orh.r Georsre, uad fai.hfully performed hi.* 
 duty as he always had done, from the cun.,n,Mioe,ne:.t..f his early i.uolic 
 career. But clouds .ere tf.iherin- an.und his voLhful hro,,, and his 
 beauteous fo.n. was soc, to f.el the ..,urde,er\, '^h\u^y He who . -ver 
 had a,|U«.-.el or di.p«,e with any of his r.o:„;)an.ouH, was hoou toKulfcr 
 Horn theinaliifnaiitvenpreance o; au implacable ene.i.y." 
 
 ^ « fn the early part of J.,!y. I SIT, his hrothtr G<^orffe w;,s cMidMot- 
 iDtf a su,t .n the Court of Km-'s lien.', ai^tmst Mr. Ss;reiarv Jarv.s 
 and ,n the course of proc-.s, it was necessary hat Samuel P Jarv'is 
 snouldprove ,h,.exe.,.,io,. ofa pa,,o,-, •,,ned by h.s la.h.r, which he 
 had w .t,..ssed ,. ace.,.-di; «:,y, afu-r . uliin,. sevn.al tunes on Sa...dav^ 
 tha 5ta July, John met him a. the ufti^-e of .hpS..L'returv ..fihe i'.ov,.,oe 
 and requested him to piovethe txeoulion of the paper *.u »he Cow .of! 
 fioe I he (samu.d R Jarvis) hecau.o ve.-y indignant a. this, a^.ns.d J<d,„. 
 and urned h.n. out of the house. JNoihiuo- of M.is wuh known to I. I 
 brothe.-8; hut on the Wednesday foliowiny, he met Sunuel V Jarvis 
 a,wM.r(.e<..o.«?vla,:ja.,d, walking in thr Street opposite whe.e Up 
 J\ ...m.r s hou;. ; w^s.hcn huikli.s:, and at-aol.ed h.n. for his co.uiuet ou 
 Satnn'.ay, wh^o had bee., so unprovoked ; struck him, or bothst.uck 
 ,. s.une ..a..s John 8ayi,.jr,hat he was hiK match in the op^'n stict 
 al(hou!.hl.e(J.ru.)had taken advan-a^^e of him in his falhe.'H house! 
 Burrouuried by h,s .:l,.rks. Uu.,,,-.- the eon.cst, Jarvis sei,ed a la.-e-e 
 etoue, .n order to hurl if at joh..'s !,,ad, but he cautji., hisa,m,and 
 they we,-e .eparau-d Tl,,. con. ue. arising fro.n ,h.. wounded oel 
 m^sof a youth uf 1!, cannot be considered cx.raordiaa. . or im,ao. 
 P'-, When h.s anla.jo.iis; was 7 years l.i.i superior in yea.s, ana had 
 given so much pi ovoialion." . « ••^ nan 
 
 b.o.v.;., Geo..,r.. had none lo Jarv,.s, and taken the whole up.u hi.n- 
 »eit, as It wasm hii* seijvice pour Jolm met the insuli, he consiocied 
 
 
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 ihn* w'tli rfspprt to John, it woiild end tlirre, as lip was tmly a 
 yroi V ,,i.i n mu If'iii jt law, diiil ilic other '.5 _\ irs old, and u ij-u'- 
 li^'rl• I . ll.c fo.irf Bui ia th's lie was mistaken. » 
 
 On ThiirBrii'.v ilif 10th Juli , Snmnol I* Jitrvis vkmii ii|; Voncje-ntrort. 
 on ijiffpiic" ot a. comiianyii ir iiiit Cjcu'd Iiiilicr, Dr, P< icrs, lo Lake 
 SInuiii : hut III' (>ii!\ well sis fir ii» 1J_>('V Tavern, I'J ruilcs from (own, 
 anfl 'i>m>iiii»d tln'rc ui.til Fijil.iv aritrnoon, when hecjrii' in to a | any 
 at ( I'ief J !S'ic»' I* "I'lrs On \\\{' same aiiei.ioon, ^lr. HtJiirv Jolm 
 Uonituii, ilien '.'!( v»'ii!f <>i mjeaud ai i;i.;r Solicitor (funeral, delivered a 
 tb.itliMiyf ai Mr Siiiail't* in Johti RiiioM w'lo ayreed to nioct Jarvis, nt 
 r>nisl\\ lUlTt. ihe ncM riiiru-iia, J' i^ay |)!;lii, about vliich tune, .lodii, 
 acconiiiaiiuii l\v Jaiiies E '"man, die. a youi'i ol 1}» y( ais of af;e, and a 
 li»l!, and u sla«oii at l.nv, uinl «m l<i the ficKi. I; luiny too early, 
 John lay down on a li><; ji,(l slc(n at in t*rva!s until 'he bi> «!» ot d.iy, 
 at ihree o'clock, at which nine, ilicy st.. Jarv !*• and l>(. niton couml" to- 
 wards ihein; H'cy un'i, ihv yronnd was niur .cd at oahi [lUv^rs di-^iatiCPj 
 by inistakiu;'' the second word (owiny to a stronuci t rjiiliunis hein;,'- |'!a. 
 ced upf'U it liy H.J Conltou) tor the third, ./o!in fir ■■ i — ijeiceivinj;- Imb 
 cri'),, he icnnn-diaiely ran np to J irvis. a d hai i, "<) Jarvi», I liopi? I 
 
 have not hnrt you ' — iis re^jly was j^<» hack to your yionnd, d n 
 
 you Mr. Small here interleret!, and w.s.Jied the matter settled uinica- 
 Lly ; hat they would not. Air. ?);iiall then insisted iha' Jolm hhould not 
 be nnariiied, but allowed to re load his lisiol— that was ovor rnhu hy 
 Hei.ry J. noulionand Jarvis, and Boui'on decided Mat he mnsi s;uiid 
 hisn'iound and receive a shot without reinrning it Johntook his';:roiind 
 saui.g; " if it mnst be ko it must," Me stood unarmed as he v -, Jar 
 
 •vi-. fired, saying "there d i.you" John fell, cryii,^- "oh! y.u have 
 
 kiliid ino, it was Conl piay " At that awful n^on.cVi, a clap of ilmmitr 
 re. it lhe>kies, and li!;hl liiiu flashed, and tl.e rain came dov u in ti rrei.lu. 
 After a lew ojinuies, he spoke, and lield out his hanr!, saying "Jarvis 
 1 t'oro-ive you " Alter a little while, John fainted — Henry J. Bouliou 
 aiiproaehed hiiri, and with his foot stirred his body— yes, put his toot 
 on ihf vicied l>ody of a gallant hoy, and said, let usg > he m dead. T l.c 
 three then lied to town, leavings the de^r youth alone ia iheagouics of 
 death vutiiitiuji' np 'duod. 
 
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 «'l believe M.. Small wcnf or tint to Goorg'e Plnytrr, the Deputy 
 Sherilf, and I; luri-M, and sent tliPin out to the (Idd. George Piuyter 
 was I he first whoariiv. ; it was tliffi: laii.ii.g wiih thnncin and li';>lu- 
 iiii.<f; he I'ouiid John who V as then, and had been lying in a pool (,f 
 blood ai)d waier. AVheu he saw P'aytPi, he s.reti hed'ont his hand at d 
 fcaid, " Is that you I'i.iMc., wiiere i* James .Sm lil ? vv here is Jai < is 
 aiKMioulion? all, it was foal play." Ij Torts; i'aen came npwiiha 
 can.agi — .|..l,n was put in.o it — and e\; ireri as they cmie o| posjie I)c. 
 
 ]Macaiilay\ houfi( , his last words beiif,', "I fuip;!ve him, 1 l'or;;ive l;;ni. 
 
 Tell my deal inotlicr t.ot to c i ieve ot l.iincnl for iny early oi.ili, toi I 
 am !ia|,;.>y, in atew init.n:.!, 1 shull meei mj dear sistc) Saily inilraveii, 
 then he said I forgive {jam Jarvis, 1 lorj^ive him." 'iliub eitded this 
 hauri rending scene." 
 
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 *' Now for a momonJ consi'lfr tlip I'ffps nf llif purllos. niuJ (lipiv 
 Ptandiiiif iu JdciftyiHlio lliiis acK'il in this irnc'tlv, and it will lio seen 
 tliatit was not an ati'iiir l)<»(wct'n liO)-*4 an<i frid'ly voi'llis, as lias been in- 
 *lii8lriouil_v lepiesculcd to all ti»c new iuhubilitul.s of tlusluwn; — tlioy 
 Atood as t'oliuns:" 
 
 '•Sart:-.:el P. Jarvii*, agrod 25 ypars, a barrisjtpr at law and Deputy 
 Secretary of the I'loviuce " 
 
 •' Henry J. Dotilton, 20 years, acting Solicitor Gt-neral." 
 
 "James E, Small, lOanJ a half yaars, student at luvr." 
 
 "John liidout, 115 and a half years, student at law." 
 
 "Such was the disparity." 
 
 "Samuel P. Jarvis then went home, nnd the ShrrifT that morninjr 
 took him out ofarout cellar, where he had eont r-alcd liiinxetl'. lopliew 
 the light in which evca his own fatlu't vicvvi'd tIr.N horiiMe i«li;»ir, when 
 lie saw him he «aid, "() Sun how could you will thut darling bey the 
 flower of his family .' " Uc was his <jod-fatlicr." 
 
 " The Corf. ner'a Inquest then was held at D. Forest's Tavrrn, dur- 
 ing' thesitlin» of whicii, Henry J. JJonlton walked down the main htreet 
 towards Forest's Hotel, cool and apparently, .Mu.'oi,eernfd,iind a^l%(•d tome 
 body, how all this ha()peDed, wlio were the pariio, &c. as if lip Irnew 
 iioihinjr about it. 'I'lie jury hroujrht in a verdict of nuirf/er us a})pcu.; 8 
 by the annexed copy of their inquest. " 
 
 CCopyof i}i(i Coroner s Inquest.) 
 
 "An inqniitition indented nnd talten /or our .Sovereijjn Lord iIib 
 King:, at York in tlie County of ^'ork,aiid Homo <1i^trut, of the Province 
 of Upper Canada, the twclt'tli day of July, oi.e tliousai.d eiifht hiiiidred 
 and seventeen, before me, Til >s. [Jauiiltcii, (orDUcr, ot our said j.oid 
 iheKuio-, for said District, on vicAV of llie body of John Ritlont, tln'u 
 and there lyinir dead,n[)ou t!ie Oiiih ot '1 hos. Sioyll and leliow juroih, 
 good and lawiul men of said District, beinardnly sworn and charged jo 
 iMUiuiie f<u' our Soverfiga Lord the Kinjr when, v*here. and by what 
 means the jaid John llidont came to liis dcalh, do on ilxt-ir oalhs sa,\ , 
 thai the said Jotm Itidoni and otie S,inuiel i-* J.irvis, »!id disai>Tc>' and 
 tor sometime did quariel, until at Icn^lh (hey the Said J(d.n Ki(!out an<l 
 the »aid Samuel P. Jarvis did ( liailei.i,''^ eaih oilier to t-nd their dispute 
 by fltrhtine, and that the said >annir! P Jarvis not havinp;' the tear of 
 fjod beibre hiseyes, but movoi! aud seduced by (he instit;aliou of th'' 
 Devil, on the twellth <!ay ol JulVi in the year aiori-said, wiib. lorre aud 
 arms, in afield commonly ealed Llnisl»y i'icid, in the 'I'ownshipof Vork 
 aforcKaid, did make (»>i a'-sault, and that tiie s-ii<! Sanmel P, Jarviswilh 
 a certain pistol of the value of 10 sliiiliuj^s, rli,(rt;i-d with j^juupowder, 
 and » leaden bullet, winch he th«*nand there held in his right liand, to &- 
 
\ 
 
 ( 7 J 
 
 ai.ua»Uhe Uo.ly of hia>, Uicsjid J.>hn Ridoul, di'l* then and thcrf sbor! 
 oil' and (luctiai-ijc, l»y mf.«i«« wiijii-ol, lie tti« Haul Samuel l». Jarvi^, fel- 
 oiiiously, wiU.illy, aad At'liis malice ufo»eiluiu,jlit, did lUen and tliei-e 
 jrivpuiito Itiai t>i.»haid Jolpt liili»it, Wiiluhe k-adcn bullet aforenaid, so 
 tm al'oiTsaid s'loi oil' au;l diselun'Ufd oiil oi'tli'i pirtlol aforc*aid, hy force 
 of llif i;mipo\*(lt;r aforesaid, in and iiuuii liio ri;jht •houldei- of liiiiithii 
 Kaid Jiiliii llid.nit, Olio uiortul wound |jeoi;lialiii'.v the shoulder, neck, ami 
 juifular veiu, frniii tlieiice to tin; uIik, |)ii><' of Uiiri the said lolui |{idou(, 
 of which mortal wound, lie tht; said .Iv>1mi Ridotit, then and there intitant- 
 ly died, andsot'ite jurors aforc«aid, on tlieiroatli aforesaid, do say, thi«t 
 the Haid Samuel P. Jarvi«, him the said John I'.idout, in the manner anil 
 form aforesaid (elouiouHly, wilfully, and of his malice afarethou;;ht, diti 
 kill and murder agaiuhl the peace of oui- Lord the Kiug-, bis Crowu and 
 Di-ni:y." 
 
 " And the jurors aforeaaid, upon their oath afore&aid, do say that 
 Jasj. fv Small and H.'iiry J. Houllou, both of ihe same place, gentle- 
 men, at the tiiiie of the doin^' and conimitiinp: of the murder afore- 
 Haid, feloniously were p;eseut, abettinff aiding, assisting, and main- 
 tuinio'^ the said Samuel P. Jarvis, lo kill and slay the said Johu 
 Itidont, in manner aloresaid, asjainst the peace of our eaid Lord the 
 Kins, his Crown and I)iy:!iity ; to which the Corouer as well as the 
 jurors aforesaid have hereto set their hands and seals the day and 
 year abo»e meniioiitd." 
 
 (Signed ) TMOMSAS IL'\i\IILTON, Coroner, 
 
 (Siufued ) TIIOS. ri'4 CJYI-'LI., Foreman, and others. 
 
 (I'rue copy.) (Sii^ned.) T HAMILTON, Coroner. 
 " Jarvis was committed to prision, James Small tied to the United 
 States, llonry J lioulton reinaiucd iu Y«rk, attending^ to his office, 
 and the vcrdct of the Coroner's iiKiuost .vas handed over to Judge BouU 
 ton, then Attorney General, with the cvideuce, in writiunf: a Habeas 
 Corpus was applied for in behalf of Jarvis; but John's father reraon- 
 straliuu;' in titron;; (erais, Jarvis remained in uiiol until the October 
 assizes, with the excep ion of the eveuiny; of the 12th of August, 
 >f heu his (uiher died, and he was allowed to visit him." 
 
 " In the mean time John's father sent out Mr. Alex. Stewart as 
 far as Albany, to brin<r i" James Small to give evidence, he came 
 Lack with him, but refused to be a witness, and was put in gaol, 
 where he remained until the Court was over, a;*d was then dis- 
 charged, untried, in consequence of the Grand Jury havinjf found u 
 bill of manslu'iifhter only, noiwithslandinj>' tlie Coroner's inquest had 
 found it miir:hr. Dr Powell, soou after biother-iulaw to Samuel P. 
 Jarvis, was ou the Grand Jury." 
 
 A RELATIVE. 
 
 ^^ Samuel P. Jarvh -^\ho\e is the heart-rending detail of the 
 .slaujjhlor of one o( the finest youths then in Upper Canada by this 
 hardened desperado. It is a simple tale of woe — written by a relative 
 •fthe decea!»ed, and published by his request, to ease the bosoms 
 tfeat have loiij throbbed wiiU bllaut boirovv. — Had Jarvis observed 
 
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 so vui.l of h....or a..a maul'n..,.. a^ • " ^ ^^ j,^,^^ ^^ ,^„i ,„ 
 ov.r „fa publi oii.-w, >^.f...i' '•"■'?;'>, '-J^ii. Hu i...oce..-. youth 
 
 r-lH y.a;-s, 10 \.-.v-him ^"^^ 'f'^;' ^''^ '^^ :,. lunis^'-l^'^ ^ * " "«^ 
 
 ;•« (it' ho»»< 
 
 
 tVu.h s'v.nM come out a..d tha: (he ^^\'''';' >; ';!g'!i,^j cJufideuce ot our 
 r.cter of the n.-i who ojoy the yatioaa,e a. 
 Culoniul Goveiuojsut. 
 
 ■^^ 
 
\ 
 
 (0) 
 
 A Contradiction of the lAbel published in the Canadian 
 
 Frecmunyo/ Ihe i>)lh IHruanj^ 12?, under the 
 
 ci(jnature of '''- A HeUuive.^^ 
 
 !^ 
 
 The Cnnadiiin Freeman of tlie ^8t!i of February I perus- 
 ed or> the afternoon of that day, and on the first of March I 
 addressed the following Utter to James Fitzscibhon. Esq. 
 
 York, 1st W arch, 1*^,8. 
 My Dear Sir- 
 In the Freeman of the 2Cth of last month I liave noticed 
 an nrticle under the signature of " A llelative " which pur - 
 ports to give to the worhl a circumstantial account ol a Duel, 
 ii: which I was unhappily engaged, fome tea or eleven y(!urs 
 
 i'.gO. 
 
 The principal, indeed tlic only, object the writer seems to 
 have, is tlie gratification of a deep and implacable feeling of 
 hatred and revenge towards me. 
 
 Astho article alluded to, is as replete with base unmanly 
 and extravagant falsehoods as perhaps, could have been in- 
 vented and littered, by the most hardened, unprincipled and 
 abandoned wretch in existence — and as the statements, ( if 
 true) should drive me out of the pale of all respectable— 
 indeed of all civili/ed society ; I feel it necessary however 
 painful it is, and however humiliating it may appear in the 
 eyes of the public, to come openly forward, and in direct and 
 specific terms, contradict what is alleged again&t me by this 
 malignant and anonymous scoundrel. 
 
 It suggests itself to my mind, that to do this most properly, 
 and at the same time most eilectually, it would be advisable 
 to call upon the two seconds to confirm or deny the account 
 given by the " Relative," and it will afford me peculiar sat- 
 isfaction to have you, (in company with some other gentle- 
 man) wait on Mr. Boulton and Mr Small for that purpose. 
 
 I am my dear sir, 
 yours very faithfully, 
 Samuel P. Jarvis. 
 Col. Fitzgibbon, &c. &c. &c. 
 
 5th March, 1828. 
 
 My Dear Sir- 
 Messrs. Henry John Boulton, and James E. Small, have 
 met. in presence of Mr. Wm. B. Jarvis and me, and the re- 
 sult of our conference has been the accompanying papers, 
 numbered one and two. 
 
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 No. 1 is a contradiction of the false statemenf^i made \\i 
 the pnper publishod in the Canr.dian Freeiuan, s;ir;]> d "A 
 Relative" — and No. 2 is a detailed statement of tlie ciicuni- 
 stances which attended the duel. 
 
 Conjjidering the nat\:re of the attac!: which has been made 
 upon you, I did not hesitate to comply with your request. 
 Indeed I think it due lo the community, that every man 
 should now exert himself to protect individual character from 
 the attacks of unprincipled and wicked men 
 
 I remain dear sir, 
 very uulv yours, 
 
 JaJIES FlTZGlBBON". 
 
 Samuel P. Jarvis, Esq. &c. &c. &c. 
 
 No. 1- On the 5th ofJMarch, inst. (1828) IMessrs. H. J. 
 I?oulton, and James E. Small, met by request, in the pre;:ence 
 of Messrs. .Tames ]'itz2;ibbon, and William 13. Jarvis, when 
 the followiu!*; statement, inte'ided to contradict an article 
 which a})peared on the 28th ui imo in the Canadian Free- 
 man, under the sij;nature of "A Relative" was produced 
 and read to Mr. Small, and an appeal wa<< made to him to 
 confirm its correctness, when he declared that there was no 
 material part of it, which he could contradict, and that tiie 
 minor parts which he could not confirm, he admitted maybe 
 quite correct, but that he could not then recall them to hi* 
 memory. — viz. 
 
 *That Mr. Samuel P. Jarvis was not in York from the af- 
 ternoon of the day on which he was assaulted by iSir Jolm 
 Ridoiit in the street, until the tenth of the month of July. 
 
 *That Mr. Boidton was not at the time of the duel 28 
 years of age, he having attained, not three weeks before, the 
 age of 27 years. 
 
 That Mr. Boulton was not at the time of the duel, acting 
 Solicitor General, nor was he appointed to that office until 
 the 11th March, 1818, the year following — nor was he in any 
 manner connected with the Government. 
 
 That Mr. Ridout havi!)g understood, that INIr. Jarvis in- 
 tended calling upon him, desired Mr. Small to wait U])on 
 Mr. Jarvis and inform him, that he was ready to meet Mr. 
 Jarvis at any time and place he would name — and that Mr. 
 Boulton afterwards waited upon Mr. Ridout at Mr. Small's 
 for the same purpose, and the meeting &c. were arranged. 
 
 Tl at. that part of the said article that declares that Mr. 
 John Ridout iired by mistaking the second word for the third, 
 
 (*ThisMr. Small cannot say of his own knowledge.) 
 
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 Cowins to a stronger emphasis beincj placi'd on the second 
 Avo'd bv ^ir. Hemy Jolin Boulton) is wholly false and untrue, 
 in as much, a:s the signal was given by Mr. Small, and not 
 l>v llenrv John Boulton. , , , j i 
 
 ' That the words stated, and declared to have been n.ed by 
 Mr. Jarvis to Mr. Jonn Ridout, when Mr. Kidou ^I'^d— viz. 
 " jro hack to your ground damn you, " are utterly false and 
 
 ""xhat Mr. Tames Small never interfered with a view to an 
 amicable settlement between the parties, alter, or before they 
 
 arrived on the ground. i j„ 
 
 Neitliir did .Ur John Ridout on retakinp; bis ground, de- 
 clare (as itlis stated) '^ if it must be so it nu,si ;;'_but on the 
 contrary, .Mr. Ridout fully acquiesced in the decision ot Mr. 
 Small and Mr. Boulton, on the justness of Wr. Jarvis bemg 
 
 allowed his lire. • fi.K„^v 
 
 Neither did Mr. Jarvis (as it is stated) make use of the ex- 
 pression, " there damn you, " when he fu ed. 
 
 Tilt the statement, that rlr. Ridout fell crymg, " O^ yoil 
 have killed me, it war- foul play," is wholly untrue and false, 
 in as much as Mr. '.idout did not fall, but was supported for 
 .,ome time after he received his wound shook hands with 
 uU parlies present, fully t\>rgave Mr Jarvis, and ^je ared 
 "if Jarvis had not shot buu, be might have shot Jarvis, & 
 never iniimated that there was any thing unfair, but express- 
 ed himself sat stied with the conduct of all the parties. ^ 
 
 That there was not at this moment thunder and lightning 
 or rain, as stated in the article signed " A Relative. 
 
 Tliatit is utterly false and untrue, that Mr. iioulton touch- 
 ed or stirred Mr. Ridout with his foot, after he was supposed 
 to be dead, as is stated to be the case. ^ ,, , m t i « 
 
 That there is no foundation for the assertion that Mi. John 
 Ridout declared to Mr. Playter, "ah PMer, it vvas foul 
 nlay." in as much as Mr. Ridout expressed himself qmte 
 10 the contrary while the parties remained witn him. 
 ^ ^ .^ J ^ James FiTZGiiiBoN. 
 
 Certified. \ ^^^^ ^ Jauvis. 
 
 Tlie Allowing, purporting to be a statement of the leading, 
 or most important circumstances attending the duel, between 
 Mr Samuel P. Jarvis, and Mr. John Ridout, was s^ubmitted 
 and read to Mr. Henry John Boulton, and Mr. James \^. 
 Small, and agreed to in our presence -viz. 
 
 On the afternoonof the Uth July, 1817, Mr. Small called 
 
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 atthen^qiiest of Mr John Ki(lout,upon Mr vSamuelP Jarvis, 
 tosaythat 'ir John i.idout had UiiderstooJ, that. .Jr. II. J. 
 BouUoii had been in search of him, and that imagining ir. B. 
 was the bearer oj' a taessago from Vir Jarvis, he had called to 
 say thdt ■ r. John liidout was ready to afford Air Jarvis a 
 meeting whenever Air. Jarvis thought proper. 
 
 Tliat Mr. Boultoa afterwards called upon Mr. Small at 
 old Mr. S. nail's house, aad arranged the time and phico of 
 meeting; and that the foilouing mornjig, at diy light, at 
 Elmsley's farm, was appointed. * 
 
 ^ome time before day-light, the whole four persons met 
 nearly opposite Dr. Macanlay's gate, as they were pro- 
 ceeding to the ground. They all four) proceeded together, 
 and arrived there abont an liour before day light. They re- 
 mained a great part of t)ie time in the barn, in conse- 
 quence of the thunder and lightning, and occasional rain. 
 Mr. Jarvis left the barn before da^ -light, and was absent 
 for soin' time. ir. Boulton, Mr. Snail, and Mr. Kidout 
 it-mained in the barn conversing in a friendly manner — 
 When day-light appeared preparation was made for thci con- 
 test 
 
 Twelve paces were first proposc^d ; but it was afterwards 
 decided that the distance should be e.'ght, on the sugges- 
 tion of iVir. Ridout, who assigned as a reason, tJiat he con- 
 sidered Mr. .farvis a b-tter s!iot than himself, and that at 
 a short distance, they would be more upon an equality. 
 
 Ihe ground was accordingly measured, and a space chosen 
 between two stumps, before which each party would have 
 stood — the larger of the two, being behind 3Ir." Kidout ; but 
 upon Mr Jarvis observing that the stumps would attract the 
 eye, and aid the partie!^ iu taking aim, and consequently 
 would be more likely to cause the fjrc to take effect, the 
 ground was changed to an entire open spa<'e. It was agreed 
 that the signal should be given by Mr 'Small, which was to 
 be 1, 2, .'<, frc. At the word two, Mr Ridont fir'd and 
 moved from his ground— Mr. Snuill calledto him to resume 
 his giound. and put a loaded pistol into his hand. On a con- 
 sultation between Mr. Boulton, Mr, ' mall, and Mr. Ridout, 
 it was considered by all three, that Mr. Jarvis should have 
 his lire the loaded Pistol was accordingly handed back by 
 
 (* r. Smjll is under thi impression that Mr. Boulton call- 
 ed at his father's for the purpose of delivering a challenge 
 to v?r Julin Ridout, aiid not merely to fix the time and 
 place.) H. J. B. 
 
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[ 13 ] 
 
 Mr. Ridont to Mr. Small, and tlie discharged one re-placed 
 in his luiiids. Mr. Small iheuirave the vvoi\! aboriginally a- 
 grced upon, i, 2, 3, fre; and Mr Jarvis at the uord //Vt',did 
 fire, without deliberation, and without raising his arm until 
 the word fire. 
 
 Mr. Ridout partly wheeled round but did not fall— all par- 
 ties ran up to him — Mr. Jarvis tlirew his Pistol on the ground 
 and said, " My (iod, what have I done" Mr. Ridout shook 
 hands with aJi parties, and freely forgave Mr. Jarvis, and said, 
 " if Ja»'\ishad not shot him, he might have shot Jarvis." — 
 Th^TC was a full e?;pression of forgiveness on the one side, 
 and f orrow and regret on the other. Alter this conversation 
 Mr. Ridout fainted, and the parties supposing he was dead, 
 left the ground. 
 
 No rain fell after the ground was measured during th*^ stay 
 of the parties in the field— and none of the expressions at- 
 tributed to A-r. Jarvis, viz: "Go back to your ground damn 
 you," — and when tiring " there damia you,*' were ever utter- 
 ed by him, orunv thing li'ce them. Mr. Jarvis when he per- 
 ceived the nature of the wound, and what was likely to result 
 from it, appear(;d much overcome and used many expressions 
 of sorrow. 
 
 Neither did Mr. Ridout ever say, that there was foul play ; 
 on the contrary, '^vr. Small a.sked '^'r Ridout if he w-as satis- 
 fied with his conduct, and he said perfectly, that it was all 
 fair. Neithordid "'!r. Boulton ever stir the body of Mr Ri- 
 dout with his foot,all parties being too deeply atlected by the 
 melancholy sight, to indulge in such brutality. Everything 
 that took place on the ground, was with the full concurrence 
 of IMr. Small and V;r. Boulton — niitherof them insisting on 
 one line of conduct instead of another. 
 
 What is above stated is correct ftom my initials — what is 
 previously stated I was not present at — H J. B.* 
 
 r« 4.-C J ? James Fitzgirbon. 
 Certified. > „r,. r» r ., 
 
 ) Wm. B. Jarvis. 
 
 York, Jnd March, 1G28. 
 
 My Dear Sir. 
 
 If my recollection serves me right, you were 
 
 present at an affray I had with the late 'Sh. .Tohn Ridout, in 
 
 1817, in the main street, near to where Dr. Widmer's house 
 
 now stands 
 
 Will you have the goodness to inform mc, in writing what 
 
 yon know, and saw of that affliir. 
 
 The article under the signature of a relative, published in 
 
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 the " Freeman" of the 2Ntli ultimo, ^vill, I am sure be a suf- 
 iicieut apology for puttinp; you to this trouble. 
 1 am yours, very triily, 
 
 Sa.ml. p. Jarvis. 
 
 Col. Fitzsibbou. 
 
 heplv, 
 
 York, 2d March, 1828. 
 
 My Dear Sir, ^ , . . , . 
 
 la answer to your note of this mornin<;, relative 
 to the nllair \ ou meatlotied, 1 be"; leave to acquaint you, that 
 outhi^davoM. which that auVay took place, I was passing 
 down th -t street v, hlch leads from the Surveyor General s 
 hous(' towards Dr. Widmer's, where 1 saw a crowd assembled 
 round some individuals who appeared to be in close contlict 
 ^vi!h eacli other. UuNvilling to witness scenes oi th:s des- 
 cription, I waspassin- on, but on observing the crowd open- 
 ing- towards me, I raisca my eyes and saw the ate mr. John 
 jlidoutand you grappled together in close conllict Mortili- 
 ed that twoVoang gejitlemen for whom I had a high respect, 
 'hoiild so expose themseh es in a crowd, I instantly ran to sep- 
 arote you, and seeing Mr. Robert Kerr present, 1 called upon 
 him to assist me, when we with difhculty parted you, 
 and I wdiii miu'h exertion compelled Mr. Ridout to acr-om- 
 panv me to his brothers' ollice, to whom I gave him m cnarge. 
 
 1 rem "n. Dear Sir, 
 Very truly yours, 
 
 James Fitzgibbon. 
 
 Saml. P. Jarvis, Fsq. , • i , i 
 
 ■Nj^ ]3 T^^he circun^stance or rather words which tooK 
 
 place in Mr. (ieorge Ridotit's ollice, and which t did not state 
 lliis morning in tile foveg..ing note, I now sa'ijom since you 
 t'xpre:;s a wish for me to do so. ,. , , i 
 
 Wiien I consider tlie nature of the attack which has been 
 made upon you, I cannot withhold from you any tact within 
 my knowledge, which you may think necessary to employ in 
 VOurdi'f'Mice— tiieyweVe as follows : on arriving at the oihce 
 I found Mr. Geo'ge Ridout in it, when I spoke to him to the 
 following ellect, viz : -'' that I had just found his brother in 
 t'analVray with Mr. Saml. Jarvis in the public streets, and 
 " that I had by force separat^'d them and brought his brother 
 " to him '" t6 which Mr. llidowt answered, saying, " ;/;>o« 
 «,«Vu;or(/ ^h; J am vcr,/ somjyoa did ^ This surprised me 
 a good deal, and I replied by formally bidding h.m a good 
 morning. *'' ^' *'* 
 
 | p-^f|N - il ^f W IMpii 
 
\ 
 
 
 [ 1.5 ] 
 
 , York, llthMarcli, 1S28. 
 
 M} Dear Si?, 
 
 In on nrticle jniLlishtMl in the " Canadian Frct- 
 nian" of the Jotii liltimo, unclcr tlie sisnutiirc of " A U"Ia- 
 tive," it is made to aj:)pL>ar rather doubtful, wliether i was or 
 was not the first a;!,ii;rcssor in an aifray wluoh I had early in tlie 
 month of July, 1817. with the late Mr. Jolin llidout, at 
 whieh you were j-resent. 
 
 1 shall feel nuu-h obii«;ed by your stating in writing what 
 you recollect of that transaction. 
 
 Bel'eve me, 
 
 Yours very faithrully, 
 
 Saml, p. Jarvis. 
 Tlie Hon. George jMarkland, 
 
 ^c. &.C. *^'C. 
 
 York, ISth March, 1828. 
 My Dear Sir, 
 
 In reply to yours I bcpj leave to state, that atthit* 
 distance of tinie 1 cannot recall to mind tlie express words 
 which Avere used at the meeting between yourseli' and the 
 late John Ridout. 
 
 The following circumstances are, however, fresh in my 
 memory. 
 
 AVe w^cre vvalking arm and arm in King Street, near Dr. 
 Widmcr's, where we saw John llidout coming towards us — 
 when surticiently near, he stepped up to you using soaie threa- 
 tening language, and;-tiuek at you with a large '-tick, which 
 blow I think was warded oif -you then immediately closed 
 with him, and ascullle ensued, which ended in aseparatioa 
 by the jierson,^ around. 
 
 Tlieattock was wliolly unprovoked at the time, tho' appar- 
 ently premeditated by tlie unfortunate deceased, whose assaull 
 took us both by surprise, at an unguarded moment, when we 
 were engaged in conversation & unprepared for such violence. 
 
 1 am your obedient servant, 
 Geo. H, AIarklamj. 
 Samuel P. Jan is, Esq. 
 
 York, 13lh March, 1S2S. 
 JMy Dear Sir, 
 
 Among the numerous falsehood-? and misstatement:? 
 contained in an article signed " A Relative," published in iho 
 Canadian Freeman, of the 28th ultimo, /notice the following. 
 " On Thursday, the tenth of July, Samuel P. Jarvis wen^ 
 *' up Yonge street on pretence of accompanying his grandfa. 
 
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 Voumay, perhaps, recollect that \«";^^^^^^^ 
 Newmarket, in companv w;^. d.e H.v J . U^-,^ 
 
 '^ thef, Dr. Peters, to Lake Sirncoe ; but be only wen a f^ , 
 u ^>..'s Taveru, l"^ miles from Town, and rem.:n" Hjeu^ 
 <. until Friday .ifteniooa, when he came in to a party at chiet 
 « Justice Powell's." 
 
 hou«e in 
 
 on the 
 
 i^ewmai.vc:i,... -".;m'--.- ^ , J remained at your 
 
 S Doctor Pa^r, ,o Ae HolUnd LaiKln... -«™ - l^J 
 ^racclpaS J: a partof the way on my returu to 
 
 York. 
 
 If voncanbrincr these circurast mces to your mind you 
 
 .viU llige mrby-doiig so, .nd communicating them in 
 
 writing at your earliest convenience. 
 
 I am, My deaa Sir, 
 
 Yours very faithfully, 
 
 Saml. p. Jarvis 
 
 The Hon. Peter Robinson. 
 
 &c. &cc. &c. 
 
 REPLY. 
 
 York, 14th March, 1828. 
 
 ^L?eX to' vour letter of vesterday requestin, to know 
 ^.etJ::;tollitedyourhav^ 
 
 n ^on rfolwli<^ dav, a part of the way on your return to 
 you o« t^^;;^';^^^"^^^^ J ^member perfectly the circumstance 
 
 S'voi com ng'o^^^^^^^ about the period you mention m 
 ot >our coming i y ^^^^ ^j^^ ^jj^^g ,vitU 
 
 r r^o^ ?ef«r„ *: York, the foliowiog day, a, tar a. Da- 
 Ws onYonge Street, (4 miks-J^^^.^^ ^^. ^^^^ ^.^^ 
 
 yours very truly, 
 
 P. KOBINSON. 
 
 Samuel P. Jarvis, Esq. 
 
i-.*~^ 
 
 \ 
 
 ^ 
 
 went as far , 
 irty at Chief 
 
 . V 
 
 
 \ 
 
 H 
 
 our liou«c in 
 ters, on the 
 lied at your 
 tijr accornpa- 
 rliere lie ein- 
 i'i:l al-^o that 
 ny return to 
 
 \ 
 
 
 \\x mind you 
 ting tl>eia in 
 
 MS. 
 
 ch, 1828. 
 
 istiti'^ to know 
 ^ house at New 
 on the evening 
 IT accompanied 
 I your return to 
 te circumstance 
 -ou mention, in 
 my riding with 
 y, as far as Da- 
 
 ar sir, 
 :y truly, 
 
 UOBINSON. 
 
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 K, 
 
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