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Les diagrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 32X B / z/- THE TRIAL, DEFENCE, &c. OF WILLIAM ROSS, WHO WAS EXECUTED, TOGETHER WITH ROBERT ELLIS, J. B. MONARQUE & W. JOHNSON, AT QUEBEC, W APRIL LAST, FOR A BURGLARY AND ROBBERY COMMITTED AT THE HOUSE OF MESSIRE MASSE, CURE OF POINTE LEVI, ON THE NIGHT OF THE 29TH SEPTEMBER 1826: Raro antecedentem scelettum Deseruit pede pcena claudo. HoftACB QUEBEC: PRINTED BY NEIL90N & COWAN, 3, MOUNTAIN STREET. 1827. \ !♦ \K', i',: -Vf ni PREFACE. IT was the intention of the Editor to publish the two Trials which have taken place for the Burglary committed in the House of Messire Masse ; but it being suggested that the Evidence given on the Trial of EUice, the black, and the three others, in no degree essentially differed from that rendered on the Trial of Ross, he has been induced, in order to avoid repetition, to select the case of the latter, whose Trial and Fate have given rise to much general feeling and interest. The Public need not be informed that of late years an or- ganized Band of Robbers, who had nestled on the Province Line, have spread consternation throughout the Country, and that part of their system of plunder was to rob the Churches and the Ministers of our Holy Religion. Prom these crimes being committed in disguise by Felons. Avho to prevent their Accomplices from betraying their se- crets exacted a solemn Oatli to secure silence, it is not sur- prising that they often eluded the vigilance of the Police, and that few, in compaiison with the numbers associated in wickedness, had been brought to condign punishment: but it is not so surprising that some men who take every oppor- portunity to calumniate the Government should have ad- duced this misfortune, to charge it with having either look- ed at tJieir depredations with indifference, or of being too weak to protect its Subjects. Happily the peaceful Inhabi- tants of this Province, and particularly the Clergy, mast be satisfied that the Government is neither indifferent to their security and happiness, nor has its arm been paralyzed by all the efforts of its enemies. William Ross, who is the subject of this Trial, is reported to have been the son of a respectable Tea-dealer residing in More Street, Dublin, and it appears, that he left his Coun- try about the memorable year 1798c Though possessed of a vigorous mind, not meanly cultivated, he does not seem to have applied his talents to any purpose useful to himself or beneficial to the Public, as there is no doubt but that for several years past he subsisted by Forgery, and had actual- ly been confined in the State Prison of Massachusetts. He IV was also an accomplice of the notorious Coiner and Forger Morrill Macgoon, and so expert was he at engraving, that in a few minutes, with a Shoemaker's awl, he engraved the Initials of Mr. Henderson, the Jailor's, name, on his watch, in as neat a manner as it could be executed by a first rate artist. When he was brought to Quebec, a Gentleman en- deavoured to bring him forward as a King's Evidence, but he rejected the proposal with scorn, saying, in words that shewed the settled purpose of his mind, that if he were the base villain he was taken to be, he would deserve to die, but that if he had a thousand Lives to save, and there were a thousand Gibbets before him, he would die a thousand PoMfhs rather thanbetiai' liis friends. He left behind him r,<) a.M (»unt oi" his life, and he said that the secret of his birth fehould die witn him. The Copy of a Letter written by the unfortunate Ross, and which will be found in the Appendix, will serve to shew that he was a man of more than common acquirements* 'M' COURT OF KING'S BENCH FOR THE DIS- TRICT OF QUEBEC. Criminal Sessions. — March 1827. Before the Honorable Mr. Justice Kerr and the Honorable Mr. Justice Bowen. Tuesday J the TJth March. THIS Day, William Ross, Robert Ellice, a black man, Benjamin Johnson, Jean Baptiste Monarque and Michel Monarque were put to the Bar for their Trial on an Indictement for burglariously break- ing and entering the House of Messire Masse, at Pointe Levi, on the night of the 29th September last, and feloniously stealing therefrom Gold and Silver Coin to the value of ifilSOO, the property of himself, and of his housekeeper and her niece, and the Pannel being called over, William Ross, declaring it to be his intention to sever in his challenges, the other four Prisoners were tried by Mr. Justice Bowen and convicted. Wednesdayt ^8th March. William Ross was this day placed at the Bar, and his Counsel pro- ducing an Affidavit, prayed the Court to put off the Trial to the next Criminal Term, on account of the absence of two material Witnesses. The Attorney General objecting to the Motion, Counsel were heard ; but it appearing that the facts alledged in the Affidavit were not mate- rial to the charge of Burglary, that these Witnesses had gone to Upper- Canada, and that the Prisoner had used no diligence to obtain their at- tendance, although he had been in Jail since October last, and knew that his Trial would take place at these Sessions, the Court overruled the Motion, and ordered the Trial to proeeed. The following Gentlemen were sworn and charged with the Prisoner, who was tried by Mr. Justice Kerr. Messrs. " » The Aitorney General opened the case which will be disclosed in the Evidence, and stated that the Indictment contained three counts where* in the Burglary was alledged to be committed ; First — In the House of Michel Masse j Second — Of the Fabrique (Church) of the Parish of Pointe L^vi j and Thirdly — In the House of the Parishioners. f; Mr. Masse, aveurrablc oM (Jfiiilciiian, war, tlirii caltcc! and swurrt. Messire Al'ichcl Masse, I am Cur^ of Pointe Ijevi ; tlicre I occupy the Parsonage Mouse, a pr.rt of which has befn in my occupation for 28 years ; that, ami the House for the use of the Parishioners are under one roof, and there is u separate door for the accommodation of the Cure. On the 2Sth and 29th September the House was occupied by me — the 29th September about half past one o'clock in the morning, [ was awakened by the noise of glass failing on the chairs and floor from a window at the west gable end of the house ; I g^t out of my bed, and proceeded to the place from whence the noise came. On entering the drawing room, I met two men disguised in every p:>ssible way, each h;;ving a lighted can- dle in his hand ; one of them had a pistol ; ilie other a bliidj^eon. One of them seized me by the arm with his right hand and presented a pistol to my heart with the other ; the other man, raising his bludgeon, threat- ened me ; at this moment I saw live or six persons enter by the window, who each lighted a candle which they carried. 1 immediately exclaim- ed. Good God what a Visitation ! Threatening me with the pistol and bludgeon, the two men who came in first called out, silence, sdence. Some of the party went to the door which separates my dining room from my drawmg room, but as it was fastened by a bolt under the lock, they could not enter, and one of them gave the door a kick with his foot but did not succeed in forcing it open ; he then broke one of the panes of glass and tried to open the door, not succeeding in this, he tore off the tin plates which were round a stove in the partition between the rooms. Foiled in this attempt to elTect an entrance into the room, they returned to the door, and found means to open it ; entering the room they went through it into the kitchen and other rooms. At this time some of them went into a room where Mrs. Dubuc, my house-keeper, and two young women slept, and after going about the house, they returned to me, who was guarded by two of the gang. Witliout speaking to me they went into my bed room, and I heard them breaking a wooden chest in which was my iron chest ; not being able to break the latter, they returned to my drawing room, where I wa stiil guarded, and they demanded the key ; L hesitated a moment, but one of them holding the pistol to my bieast, and the other threatening me with the bludgeon, and calling out. Clef, Chftleniered into my bed room and took the key from behind some books and gave it to them. Tliey then brought me back and made me sit down on a sofa, the two men stiil guarding me. I heard them open the iron chest, take out my money and hand it out of the window they had entered. In my iron chest there was a box of tin containing ^61200 in Gold, which box was covered with leather and tied with a string: there were in it, 116 Doubloons, ^ Joes, 250 Guineas, 150 American Eagles, 150 half Eagles, 4< half Guineas, 100 half Joes and other pieces of smaller coin ; these belonged to myself. Besides this there were in a small box belonging to Madame Dubuc, aboi t 40 Doub- loons, 10 Eagles, 10 half Eagles, 20 half Joes, 12 Guineas and other pieces of coin ; there was also a bag containing £"200 of Silver in Spa- ni-jli r)ollar» and Frcncli Ciownf ; this aUo belonged lo Mme. Dubuc. There was alau a small varnished tin box containing j£100, belonging to Camille Btjin ; in Gold, 12 Doubloons, ]5 half Joes, ♦> Eap;lcf., 1.5 half Kagles and smaller pieces, '25 Spanish Dollars, 15 French Crowns, 25 Ameiicau half Dollars, 10 French half Crowns and other pieces. I had put in Camillc Bcjin's box a li«t of the money and to whom it be- longed. The gang, having taken out the money, left the House through the window by which ihey had entered. The person who had the pis- tol went out last, and when going he pointed to the bed and said " Cou- chez, couchez." The candles, on their quitting the house, were put out, and the window shutters were closed by the gang. The hag belonged to me ; I observed the different statures of the gang ; they were of diffe- rent sizes, and one wa^ taller than the rest, who had on an old brown coat ; his face was so much mu/flcd i.p that I could not discover his fea- tures ; he was a tall, lank man, and appeared to be very active. After they went away I examined the windows, and I found that they liad closed the shutters of all the windows ; when they had been gone about ten minutes I went to the outer door, but my neighbours living at a dis- tance, and being all asleep, I did not then give them the alarm, but as soon as it was day light I did. On the evening before the robbery I went to bed at 9 o'clock having previously seen that all the doors were closed ; the window shutters I did not close, because this had not been my practice. Tn the morning my neighbours brought roe half a Guinea and some pieces of money together with a wig and piece of cord they had found a few acres from the house. Cross Examined by Andrew Stuart, Esquire. The whole of the transaction occupied about half an hour; not less than six persons were in my room when the door was forced, and I saw one person at the window who had his face blacked and was disguised. A space of 40 feet of the House is occupied by the Parishioners, the other, 30 feet square, is occupied as my dwelling house. Madame Dul)uc, houcckoeper to Messire Masse, sworn, I lived with Mr. Masse, as his housekeeper, in September last. A robbery was committed in his house on the 29th September last, about half-past one o'clock in the morning. Hearing a noise, I got out of bed snd saw a man enter my room ; I was going to cry out when he raised a bludgeon and threatened me ; there were in the same room with me two young women who slept there — both of them were my grand children. One of the gang perceiving that some one had got out of one of the beds, asked who it was that had left the bed i I told him it was my grand- child who had crept under the bed, and she immediately came out and begged her life. The person who guarded me I recognize as one of the Monarqiies, Madame Oubuc confirmed the testimony of the former witness as to many circumistances, and she further stated that there was in the Iron chest of the Cure £500 of her money. Tliis money was lost ; shtf could not say that she closely observed any of the gang but the one that guarded bcr ; whe gang spoke French generally, Camille Bejin sworn, I lived in Septr. last with Messirc Masse when the robbery was com* mitted ; I wao in bed with my Grandmother when a person came into the room with the candle ; I covered my face, and only uncovered it when the men went away. When the man entered my bed-room hit face was blackened — I was much alarmed ; the only persons who slept below were the Cure, my Grandmother, Luce Dubuc and a female ser- vant ; the men servants slept above. There was in the Cure's strong box ifflOO belonging to me, which was taken off by the robbers. Lucy Dubuc sworn. I was sleeping upon a bodettc near my grandmother, on the night of the 29th September, and was awakened by the breaking of glass ; a man came into the room where I was with a candle in his hand, and I got up and hid myself under my grandmother's bed ; the man put his stick un- der the bed and ordered me to come out ; I got from under the bed and went into my own bed, at the same time begging my life ; the man de- sired me to be quiet ; my bodette was near the door, and I saw from it several men going backwards and forwards, and I heard them say, ** make haste, make haste." They were provided with candles ; the roan who guarded me was in the room half an hour, and having had an opportunity of seeing him, I know him to be Michel Monarque. I re- cognized one of the men to be a negro, and I told this to the Cure af- ter the robbery, CrosB examined by A. Stuart, Esquire* The person who guarded me spoke French ; they were sc disguised with handkh the object ; the pri- aoner was one of the four. We remained in the barn all night, and next morning Beaudrie and myself went over in the first steam-boat, leaving Ellis and the prisoner in the barn ; we met the Monarques and Johnson in the Lower Town market, and I told them that Deaudiie wanted to speak to them ; I took them to him, near the bridge, and he told the mof ihe plan of robbing the Priest's house, and they agreed to be of the party, and on the same night jve all went over, two at a time, as Ht-aud-ie had proposed ; Beaudry directed me to 8«iew Michel Monarque who crossed with me where the barn was ; wc all met on the other side and Avalked about ihr wharf for some time, after which wc went into another barn nearer the Priest's house, for the purpose of culling and burning the ends of tlie candles in order to make them liglit more easily when wanted ; we went by two and three together so as to be less remarked. Between eleveii and twelve o'clock, perhaps later, on the night of ihe 28th September, we stopped at ihe back of the Priest's house, and hearing tiie barking of dogs Beaudrie said that it would not be prndfnt to attempt any thing whilst the dogs baiked ; after the dogs were quiet lieaiulric and Ellis got a kind of box and put it to the end window, il being high from the ground ; Beaudrie lighted a candle, and Ellis and he after this got up and broke two panes of glass, through which thoy unbolted the window ; Beaudrie had previously directed tlial if any person made rcMstance or attempted to escape that they should be shot ; the prisoner and I objected to this, saying, that " no lives ought to be taken ;" Every person was ordered to light his own candle upon getting into the room ; the window was open- ed wide and Bea;idrie and Ellis went in first ; we all went in excepting Johnson, who remained without to keep the shutters closed that the light might not be seen ; we all lighted our bits of candles, and I perceived the Priest in his shirt and drawers come into the room making a noise ; Ellis put a pistol to his breast and desired him to hold his tongue ; some of the party went into the other rooms ; Beaudrie and Ellis re- mained with the Priest ; Beaud ie said that he wished Ellis to stay with him as he had more confidence in him than any other person ; Michel Monarque gave me an axe, and I went into the room where the Priest slept and broke open a wooden box ; I saw wihin the wooden box an iron chest, and not being able to force it open, Ellis again presented tlie pistol to the Priest's heart and demanded the key oi" it, which was deliver- ed to Bcaudrie ; Beaudrie then opened the iron chest and took out two tin boxes containing money, and a bag of money and some loose coin ; Beaudrie dclivefed to me the bag which I handed out of the window ; the boxes were handed out of the window also. C'J.e ^f the party (Michel Monarque) said some person had escaped out 'fine house and that we had better get off; we left the house and clored the bhutters ; we went to the water side where we all entered into a boat and crossed the tiver 11 III and lauded at Miinn's sliip-yard, at L'ancc dcs Mercs ; the Munarques Ijcre left us and carried off part of the money in a srocking. Five of us went on the heights and un the plains of Abraham ; Beaudrie spread out his handkerchief and divided the money ; I got 170 dr.llars in silver and some gold— I do not know how much. Beaudrie said there would be a gicat row in town about the robbery, and that we had better stay for a day or two in a barn which is on the plains ; I did not follow this advice, but went wiUi the prisoner out on the main road and parted with liim there ; he said that he was going to the States ; the prisoner got his share both in gold and silver. Before and after the conversation I have spoken of as having taken place in the Upper Town, respecting the plan of robbery, I had a conversation with the prisoner in the inside of Louis Gate. Marie Gcndron was present at this conversation and some other persons whom I know npt ; none of the person^' named in the in- dictment were there present. The prisoner told me he came down as a person sellirig apples — half an hour after this I met the prisoner in the Upper Town with the Monarques, but nothing was said of the intended robbery. At a subsequent conversation, when the robbery was spoken of between- the Monarques, the prisoner, myself and Marie Gendron were present. Cross examined. I saw the Prisoner several times the same day that I met him when with Gendron ; none of the perjons named in the Indiclement wee pre- sent ; I have been two yearg in the country ; I came here as a seaman in a merchant vessel, and I have been in the Navy ; I first ^aw the Prisoner in Montreal, where I was in Gaol for 28 or 29 days; in the three con- versations I have spoken of, the plan was concerted with the Prisoner ; I have said several times in the room where I am confined, that Ross, the Prisoner, had nothing to dc with the robbery, but this was from fear of the Prisoners who were confined with me, particularly one Mac- donald ; the Prisoner sent me money several times to induce me to say that he had not gone to the robbery, and had got none of the money, and he sent void that if I would say so I would save his life ; my life wns threatened last night in the Jail ; the Prisoner has fiiends in the room with me, who have got money from him, and Macdonald brought me money fioin the Prisoner ; I invited the Monarques to enter into the plan by lak'.ngihem to Beaudrie ; I was promised a pardon on condition of telling the tiuth, and J received the promise on the morning after I came fro in Three- Rivers. A'arie Gendron sworn. I was in Quebec durinrr the whole of last September; I had occasion to s?c the Prisoner twice ; the first time I saw him was at Saint Louis Gate, the day before the robbery, he then spcke to McEwen, the last witness, and he aked him to go with him to Point L^vi as he had some business to do there ; after this I again saw him when he was going down the C6te d'Abraham, the day after the robbery, about 4< o'clock in the morning ; McEwen was with him ; I saw them on road 1-'"' 12 ing to the old bridge, and the Prisoner left him and walked upwartls to- wards the town ; it was near Tower No. 4, where I saw the Prisoner and McEwen ; I heard of the robbery afterwards ; no person was pre- sent when the iiriii rionversation took place but the Prisoner and McEwen; EUiS} the two Monarques and Johnson joined them at Saint Lewis Gate ; the Prisoner spoke first of the intended robbery ; I have known Mc- Ewen ten years, and I fiist became acquainted with him in Jail ; I have often been in Jail. Cross examined. Fifteen days after the robbery I went to Montreal, and after being there a short time I was committed to Jail, where I remained ti!i Friday last, when I was brought here by Mr. Delisle, the High Constable of Montreal ; I have since my last coming here had no opportunity of cee- ing McEwen, although confined in the same Jail with him ; after the robbery I went to Saint Paul's Bay with McEwen, and remained with him some time. Pierre Plamondon sworn. I live at Quebec, and keep a Boarding House near the Ge-^eral Hos- pital I in September last the Prisoner came to lodge with me ; towards the latter part of the month, or the beginning of October I heard of the robbery ; on the morning of the day on which I heard that the rob- bery at Fointe L6vi had been committed, the Prisoner asked me if \ had any news ; I said that there had been a great robbery committed the night before at Point Levi ; he answered, ** that might be the case, he ** had, I suppose, a great deal of money ;*' I remarked that after going out at dusk he returned with a handkerchief in which was money ; he took a candle to his room and counted it ; he called me up stairs, and on his desiring me I counted 180 dollars in silver in different coins, name- ly French Crowns, half Cro>yns and American half Dollars ; I also saw in his hand a Doubloon and two half Eagles ; the Prisoner said he had received this money for timber which he had caused to be cut down on his land in Upper- Canada ; the Prisoner when he came to reside with me had no clo:nes other than those he had on, but he purchased a plaid cloak and a small portmanteau ; he told me that he was a Surveyoip, and that he came from Upper.Canada ; he stated that when he was not em- ployed as a Survey9r, he brought lumber to market. The Prisoner had on when he first came to my house a coat similar in colour to the one now shewn to me, but it did not appear to me to be so much worn ; the day after the Prisoner counted his money, the Prisoner went from my house with one Dubuc, a carter. Cross examined, The Prisoner whilst at my house behaved very quietly ; he did not appear to underst?ind French j he always spoke to me in English ; I do 1^ not underrtiind EngKsh-Well ; he desired me to count the money, and Jacques Fluet sworn. I live at Old Lorette and am a Farmer, and I keep a Tavern ; on Fri- day the 29ih September the Prisoner came to my house, the Prisoner on entering said that he wished to see the new Settlements ; 1 took him to Saint Augustin the first night, to Belair's, where we first heard of the robbery ; mention was made to the Prisoner of the robbery, but he made no observation ; the Prisoner did not appear to me to have much money ; I took him to Saint Patrick, after that we returned to my house the next evening ; I then took him to Town, and afterwards drove him on an ex- cursion to the Falls of Montmorency ; then 1 took him to the Town- ships, where I left him ; he was with me at a marriage before he left this side of the water. Joieph P/flOTonet that the Court should have overruled the request 1 made, of putting off my trial until the next Criminal Sessions, for had my request been comjilied with, I would have shown to you that the little money which was seen in my possession was come by honestly and fairly, and not by that rapine and atrocity v.'ith which I stand charged. The character of Daly is that of an abandoned wretch, old in crime and hardened in ini- quity, and I pray you to bear in mind that he has frequently been an in- mate of the Jails in the Province, and has within two vears been con- victed of felony. . As to the testimony of Marie Gendron, it will be un- necessary that I should make any other comment upon it, than that she has been for several years the prostitute of Daly, and that she was, with him, convicted of felony. I entreat you, Gentlemen of the Jury, to weigh the evidence of these two wretches with the greatest caution. Mr. Henderson's testimony against Marie Gendron, and her own admis- sion of infamy,will no doubt stamp her equally undeserving of credit with Daly, and I most solemnly declare, in the presence of Almighty God, at whose awful tribunal, I must, in the course of nature, soon appear, that I never saw the woman until she appeared in the witness box as an evidence against me this morning. Had I been guilty of the crime of burglary, is it reasonable to suppose that I would not have endeavoured to escape from the hands of justice ?— but how did I conduct myself af- ter the robbery was known ? Did I screen myself from public view ? did I endeavour to elude the pursuit that was immediately set on foot ? No, Gentlemen of the Jury, it is in evidence that I lodged at the house of a respectable man, that I shewed that man the money of which I honestly became the possessor — that I visited the different settlements about Quebec — that I went on a party of pleasure to the Falls of Montmo- renci, and that I was present at a marriage in this vicinity. Did such conduct proceed from a disregard to that self-preservation which is in- herent in the human breast ? No, Gentlemen I had I been guilcy of the enoimity with which I am charged I would have endeavoured to escape — I would not have remained in the town and vicinity of Quebec where 1 could have had no reasonable hope that I shoii'd elude the vigilance of an active police. It is in evidence that I j)roceeded on my journey to my destination, not by forced marches, but in a way that I might be enabled to see the adjacent country and the settletnents which have of late yeais been established on the south side of the Saint Lawience. I arrived at the house of one Barnes, in the Township of Barnston, and I there remained some time until I was arrested as one of the persons concerned in the lit ■ it I 18 robbery at Pointe Levi, meiely because I had in my possession a few dol- lars. I ask yon, Gentlemen of the Jury, if you can se'iously and in your consciences believe that I was engaged in the offence for which I stand here? Is there any testimony to support the evidence of that miserable man Daly and his prostitute Marie Gendron ? There is none Gentle- men, none whatever ! Had I been guilty, is it credible, — is it within the hounds even of probability, that concerned in so great a crime as that of burglary and robbery, I should have neglected self-preservation ? recol- lect, Gentlemen, that I was taken within eight miles of the line which separates this Province from the United States —could I be so reckless of life as to remain at Barnes' even for an hour, when that hour would have placed me far beyond the reach of my enemies. Gentlemen, what has been sworn against me has been sworn falsely, diabollically and maliciously, and it is without fear or anxiety that I await your verdict, convinced as I am, that it must be a verdict of acquittal. It is my duty to express to you my thanks for the kind attention you have shewn in listening so patiently to my address. Once more, Gentlemen, I solemnly protest to you that I am innocent of the crime with which I stand charged — Gentlemen, I have dune ! Then he called, George Henderson., Jailor, who being sworn. Gave Mary Gendron a very bad character, and stated she was a com- mon prostitute. Judge Kerr^s Charge to the Jury. Gentlemen of the Jury, It is a matter of congratulation that your deliberations are drawing to a close. This trial, which has been very long, and which you have listened to with great patience, has excited a deep interest ; not only from the novelty in this country of the features which have characterized the crime and the number of persons concerned in the commission of it, but from the education and superior talents of the unfortunate individual who now awaits your verdict. During the long period I have occupied this seat, I profes? that I have never seen a case which under all circumstances has excited so gieat a share of public concern and expectancy. Gentlemen, The offence charged against the prisoner is what is called Burglary^ that is the breaknig and entering the inansion house of another in the night time, with tlie intent to commit a felony, whether such felony has actually been committed or not ; and this crime from the earliest periods of our law has been considered one of the highest against society. The reason of it is to befound in this, thai, the entering by force into the habi- 17 ?•■' lion of aiio'.lier at a lime wlien " Man's out -laboured sense repairs it8clf to rest," is caliMilated to excite terror and consternation, and is usually com- mitted with a deliberate design to kill the assailed if resistance should be maue. GcnUcmeii, — In stating these reasons why the crime has been considered as meriting death, it is far fro:*! my wish to piejudice your minds against the ^^risoner ; it is only to explain the cause which has given rise to the severity of the Law, and I now entreat you to banish from your minds all that you have heaid out of doors and all that you heard yesterday within these walls, on the subject of the offence of which the prisoner is accused, and to be guided only by the evidence which has now been rendered on his trial. I shall read over the testimony of the witnesses, as well of the Crown as of the Prisoner, and make such observations on both of them as to direct your minds to a right conclusion on the subject • ( Here the learned Judge read the evidence as above detailed, and af- terwards proceeded as follows. ) It is my duty to tell you that after a crime has been proved to have been committed, a prisoner may be lawfully committed on the testimony of an accomplice. Though not corroborated by other evidence, and infamous as the characters are of M*Ewen and Marie Gendron, still if you believe their evidence you may find the prisoner guilty ; but perhaps you may think that their testimony has been confirmed by that of Messire JMasse, who swears that a tall, thin active man (answering to the person of the prisoner) was one of the seven concerned in the robbery— that his representing himself to Plamondon, at whose house he went to lodge, as a stranger just arrived in town, and his going out in the dusk of the evening on the day the robbery was committed, and his returning with money in a handkerchief consisting of that sort of coin taken from the Priest ; of his having told Plamondon that this money hid been paid to to him by his agent for timber which he had caused to be felled on his land in Upper Canada — of his giving contradictory relations of his name and history. All these circumstances of themselves I submit to you to be calculated to awaken suspicions against the prisoner, which in addition to the positive testimony of the accomplice and Marie Gendron may per- liaps guide your judgment to the belief that the prisoner is guilty of the Burglary. But, whilst it is my duty to lay these observations before you, it is equally so to direct your attention to such parts of the evidence as make in favour of the prisoner and to which he has with great ability directed your attention. These points are the sn allness of the sum taken to IMamondon's (not amounting to ^50) compared with the enormous sum of jglSOO taken from Mr. Masse — of his having shown himself publicly after the robbery and particularly at a wedding — of his having been at Barnston, within eight miles of the Territory of the United States, where he might have found a safe refuge from his pursuers. These Gentlemen, are facts, which piess with earnestness on your attention : but if, in reviewing the whole evidence, you should be of opinion that the Prisoner is guilty of the Burglary and Felony, it is your bounden duty 18 to find him GuiTty, if you do not (hinlc him guilty, you must acquit him. GentTemen» The Life and Death of the Prisoner are in your hands. The Jury, after retiring for about 20 minutesi returned with a Verdict of Guihjf. Saturday^ 31/r March, Sentence of Death was this day pronounced on W'tUtam lioti, Ro» bert Ellis t the black, Benjamin John^on^ Jean Bapt'iste Monarque and Michel Monarque% and ihe thicc fiist were ordered for exccuti< n on Sa- turday the 2lHt Apiil.in front of ihe Ja 1, and th:: two Monaqueii op- pobiie the Frie6l'» House, at Point Levi, on Tuesday the 241 h. Ross on returning to prison after his Trial, admitted that the princi- pal part «»f Daly s »or McEwen's) testimony was true. Heafterwaids acknowledged that he had planned the r(bbery,and had crossed the ri- ver with the intention of committing it, but said, that he had remained in the barn until ihey returned with the money, as if this representation could lessen hisle^al guilt or his moral turpitude ; but when he went to the drop, he and Ellis denied their having had any participation in the crime for which they suffered, believing that strong protestations of in. nocence was the best course to interest the public in their favor, and to ensure an exercice of the Royal clemency. Ross possessed very extraordinary powers of insinuation ; no person who either heard him in hi» Address to the Juiy, above recorded, in privately conversing with him, or was a witness of his execution, at which time he addressed the populace in an imprci^sive speech, but felt a strong bias in his favor. Some Gentlemen high in the Church and Army, ex- erted all their influence to save him ; but private safety and public jus- tice required a sacrifice, and the Government could not have been justi. fied by extending a pardon to one whose superior talents and acquire- ments had enabled him to lay the plan which was executed with such hardihood and so little regard to the sacred character of the Ministers of the Church. APPENDIX. Sir, Quebetf Jpril lOth 1827- I have waited in expectation of having 8ome information to write to yoii of my situation which might be gratifying to your huiTiatie feehngs, but I am very 8'irry that nofhmgof importance has yer tranwpired to give you any encouiagemeiit as to my faie. I went tluough all the forms of sentence, which y<>u of cuii'se must conceive was sorrowful and impres- sive ; however, there yet remainsone ahernative between me and an ig- nominious death, and 1 h pe your interest will be uiied immediately in my beha'f, an the execution of the Law is to be put in lorce on Satur- day tlie '21st instant. There is considerable inteiest and feeling in the public mind in my favor, and | ha>e soire reason to believe that a respect- ful I'etiiion will in a tew days b^ laid before His Excellency for par- don ; yet I am not buoyed up with this hope, so as to cause me to ne- g'eci such an awful change as may take place, and I hope that such a preparation, tluough tliea sistaiice of God. may woika thorough repfn- taiice, and that I may, through the sufferings and blood of our Blessed Redeemer be admitted inio eveilasting life ; such a hope makes death easy, and as the length of my tinie in this W' rid is but short, were it lengthened out to the utmost of my hopes, I mu«i expect ere long to be called to account with my C>eator : yet my feiling in my present con- dition is to avoid an ignominy which may bring shame on my chi d and her posterity ; this, I can a'^sure you, is my greatest afflciion, and! hope that my life may eid in a belter and moie honourable way. I think you informed me you weie to be in Quebec on the ]6ih. I hope yon will do what you can for me. Indeed, 1 have no doubt of it, you yourself are the best judge where, and how, you may best serve met I am, Sir, (Signed) With the highest respect, Your obedient servant, Wm. ROSS.