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Les diagrammes suivants iilustrent la mAthode. ly errata 9d to nt ne pelure, 1900 ii 1 2 3 32X 1 2 3 4 5 6 G -0 \A TO THE INHABITANTS OF BATHURST DISTRICT. " Nothing extenuate or aught set down in malice,** On my way from Montreal to Kingston some short time ago, I was under the neceri^ity of pa^^ing through the metropolis oC the Balhur^t Disirici, and having soti>e businetfs of consequence to transact in the place, was detained uneicpectedly (or several day:*. During my sojourn the Court of Quarter Sessions was sitting — indeed I happened to be present at its opening, and of listening to as dull, tedious, and incoherent a charge from the Chairman (a legal man too) to the Grand Jury, as could be well conceived. — I was always under the inipressinn until that day, that profe.~L-ional men were selected by the Government to fill the situation^ of Chairman on account of their professional stand- Ing, respectability and legal atlainiiients. The specimen alTord- ed me at Perth has convinced me of my error, and tully satisfied me ihjBt.the selection in that quarter at least, has been a very in- juiifMSiione, and m .dp, I fear, not so much with reference to the party's regal standing and prolessional eminence while at the Bar, as fur his political bias and servile adheience in the cause of the Member who unfortunately represents the flourishing County of Lanark. It k easily perceived that several of the individuals holding the prominent and. lucrative otfices in the District, are indebted to the little modest Gentleman for their elevation— amons the number I would mention the Chairman, the Sheriff, and Treasurer. — These individuals all received their appoint- ment:* during the Bagot reign, and in which it is notorious modest Malcolm possessed an uniuHinded influence and control. It cannot be denied that all these individuals exerted their utmost influence (whether feeble or otherwise) in his behalf. But to return to my subject. The Chairman began with descanting at wearisome length upon Licensed Inns, and the inattention paid by their inmates to the Rules and Regulations framed for their guid- ance. Now, I ask, what in the name of common sense have Grand Juries to do with Innkeepers and the'r regulations? Whether certain applicants are fit subjects to receive Licen> ses or not, rests with an entirely diflerent tribufnal. He strenu- ously urged upon them the neceesity of making Presentments in every case where Innkeepers were found to have been guilty of a breach of their recognizance in order that Indictments might be preferred, and the delinquents brought to Justice. The Chair* roan in speaking of Recognizances was again not a little astray, flf for Innkeepers (as far as my recolleciloir goes) enter into BouJ.- not Recognizances. Does he not know that Bonds are one iliing . Rtcognizances another. The enoi in a legal man is quite un- pardonable. Again, does the Chairman not know that when Innkeepers violate their Rule:< and Keguiatioiis, the law provides the remedy. Has he never read the 6th Clause of the 34> Geo. 3rd, Chapter 12 ? If he has not, I would recommend it to hia attentive perusal, t^o that the next time he has occasion to address a Giand Jury, he uiay steer clear of such gross blunders, and not put even the Buihursi Courier (his wretched j rop and sup- port) to a blush. In order to subserve the cause of temperance in which many good and conscientious men are employed and direct most com- mendably much of their leisure time, I give the following brief extract from the statute. '• Any Justice of the Peace in the District where a license is granted, upon complaint that the licen- sed per^'on hath done any act by which the condition of his Bond is broken, may, by summons under his hand and seal re- quire the person complained of to appear at the next Quarter Sessions to answer the matter of such complaint, and may bind over the person making the coni|)laint and prescntnrenis to be iollowed up by that num- ber of indictments, what vvoidd it avail? Nothing! — No pos- sible good but much mischief would necessarily result from euch a course. It must soon weaken, nay destroy, all cnnfi* detice in the Ccurt, and ultimately hold up the Chairman (its distinguished ornament in the eyes of a few) to public scorn and \an regrei to say for the honor of the Bistricl,/ e'lnnnv derision. But tlti was but one ofthe'innny palpable blunders perpetrated during the Qunrter Sessions, ubicti from the Chairman^s dilim^esa and inaptitude for business, was spun out to the unprecedented length ofsix (la\s. 'i'he Queen against Campbell, tried and convicted of an as- sault nt the July Sessions, in which the sentence of the Court was re:<|)iied to the November Session?, in order that the QrA / ■ pinion of the Court of Queen's Bench or one of its Jud||»IS*,'«3 to the validity of an objection raised by a Mr. Deacon, engaged on the part of the defence. In order to understand the merits of the objection! referred tci, it will be necessary to advert to Clause 41, of the 4th and 5ih Victoria, Chap. 37, which provides that the prosecution for any offence, punishable on summary conviction, by virtue of thftt Act, shall be commenced within three calender months after tiio commission of the offence, and not otherwise. Mr. Deacon at the trial, as was represented to me, contended that <'the assault had been committed for more than three months previous to the indictment being pre^in^<)hat the prosecution was not in time, and the indictment therefore not sustainable. The Council on the other side, maintained thni the clause in question had no re- ference to prosecutions by indictment, but was restricted in ita operations to summary proceedmgs before a Justice of the Peace ; and of that opinion the Court were unanimous, with the excep- tion of the Chairman, who coincided in opinion with Mr. Deacon. We umlerstand the opinion of the Judge of Assfze was taken on the subject, and who absolutely rediculed the notions enter- tained by both the Chairman and Mr. Deacon. We were present when the matter was brought up on the first day of the Sessions, and which led to some unpleasant remarks between Mr. Frazer and the Chairnian — the former gentleman reporting that the Chairman had misled the Bench, and that a School l)oy mis^ht have known that there was nothing in the ob- jection raised — and furthermore that the Chairman was unfit to be (he organ of the Bench of Magistrates. For this very serious olTence towards so distinguished an ex- pounder of the law as the Chairman, we understand the latter has forwarded a complaint to the Government, of which it is very probable the fame notice will be taken as of other com- plaints of a similar nature formerly transmitted to the eame quarter. Wc were also present when a molion was made \hvA the sentence of the Court should be ( ronounced on the dnfendoplt Campbell ; as the Magistrates who were prF>seat at the tr ai « 4»( i/r^/mJ Ju'^rc- /^V^ were then in Court, onJ who, from their know]ed<;o of what transpired at the trial, were surely the only persons who could award a suitable punishment. The Chairman remarked that he had not his notes of the (rial in Court, and wished the mat- ter postponed until the afternoon^ which was immediately ac- quiessed in. We understand, that late on the evening of the same day, Iw * rS:^ jvben not a single Magistrate who presided at the trial, with the exception ut the Chairman himself, (and in the nb/ience of the Council for the prosecution.) the defendant was sen- tenced to pay a fine of 20 shillings and coats. By this maiiceuvre the defendant received, in all probabil- ity, a much more lenient punishment than would otherwise have been awarded ; and the costs of the witnesses on behalf of the prosecution were wholly lost. Not being able to bring my business at Perth, to a close until Monday morning, and finding upon enquiry, that there would be no stage to Brockviile until the following morning, and understanding also, that the Quirter Sessions were still sitting, I once more rvpnired to the Court House, and on entering that sanctum sanctorum, found the Clerk of the Peace (a very gentlemanly person) engaged in empanneiliiig u J'lry, in the case of the Queen vs. Dowdell and others, indicted lor a riot and assault committed upon a mechanic of the name of Drew. 1 listene^d attentively to the whole investigation, but there could be nothing elicited in evidence (notwithstanding the very culpable perseverance of ihn Chairman) to fasten the charge upon the three young men under trial, and whose per- sonal appearance and demeanor in Court, spoke volumes in their favor, and testified, tu my sntislaciion at least, that they were innocent of the charge preferred against them. A thought struck me during the progress of this trial, how so groundless a prosecution could have originated. Surely, enid I to myself, the Grand Jury could never dream upon the evi- dence brought before the Petty Jury, of calmly and deliberately putting any person upon trial. Surely, said I, if they originated the prosecution by presentment, they must be grossly ignorant of the duties enjoined upon them by their oaths ; and if the latter, who, in God s name, is to blame ? Upon whom must devolve the responsibility, and not a light one too ? Why, unquestionably the Chairman ! But imagine my surprise upon finding on enquiry, that the individuals then under trial, had been originally apprehended under a warrant issued by a magistrate, and that magistrate too, no less a person uian the very Chairman himself. What, said I, are the rights and liberty of the subject to be infringed in this way ? Are indi, i- viduals to be arrested without rhyme or reason ? torn rrooi ihuir legitimate pursuits, paraded through Ihe | obltc streets by the newly baptised Sheriff and his myrmidons— subjected to ihe hazard and expense of a public trial — and what is worse, the costs of an unjustifiuble prosecution thrown upon the Dis- trict Treasury — and nil this for what object 1 Why, f>imply to gratify the whims and caprices of the very sapient Chairman, and fill the pockets of hi? political confederate and bosom friend, Mr. Sheriff Swilchem. LiuJ I experienced such treat, ment at the hands of a legal functionary, I can only say, that I would never rest contented until reparation (and most ample reparation too) was made. Have these young men neither parents or friends to espouse their cause ? If they have, they owe it as a solemn duty, both to themselves and society, to have the matter fully investigated. Let them demand it, it la their right. Let them obtain from the Chairman (it cannot be legally withheld) the information upon which the warrant was granted. One thing is quite apparent ; either Drew the eomplainant, swore in private to what lie dare not testify to in pulic, or the Chairman, in issuing the warrant knowingly out. atepped, yes, intentionally transgressed the bounds of his duty. Who, I ask, that witnessed this investigation throughout, that did not observe on the part of the Chairman, a reprehensible feeling towards these defendants, an eager an^ insatiable thirst for their conviction ? Did any person ever see - len the con- djuctor of a Crown prosecution proceed to such c tremities to gain a conviction ? I think not. So far from actincr as Councd for the defendants, (a beautiful feature in our English Courts) the Chairman altogether lost sight of the principle, and so far . from carrying it out, (for two of the individuals indicted, had not the advantage of Council) became the strenuous, the per- severing advocate of the prosecution. Perhaps he ran away with the idea, that having taken an illegal step in issuing; the warrant, he must, at all hazards, follow it up by another illegal step, and endeavour to procure, right or wrong, a convic tion. In this way, and in this way only can his conduct bi reconciled. Who again, that witnessed this extraordinary trial through- out, that did not see evinced on the part of the Chairman, aj earnest desire to extort, even from the witnesses, a confessiop of guilt. It is, 1 believe, a settled principle in the Courts, (i I am wrong let me be contradicted) that no person in the wit ne88*box can be forced to criminate himself — and yet there se t the worthy Chairman in utter defiance of this principle, with a tone, a spirit,&a countenance peculiarly his own, his grey hair* bristling on end, zealously labouring to betray not a few of the witneiscs into ap acknowledgmont of (heir guilt. O! yliame, where is thy blush ? Again was witnessed during this extrnurdinary trial, the novel spectacle of a member of the Court descending from (he bench to the witness box, to give evidence. Did it not uccui' 10 the sapient Chairman, that this was wiihout a precedent ? Does he not know that a Court of Quarter Session cannot be organized, that it can neithcir bo opened, continued, or closed without the presence of two magistrates ? Did he not know that when his brother magistrate descended from the Bench to become a witness, and he, the Chairman, was left soluSf that the very vitality of the Court was at an end 7 And yet, (here sat this worthy, arrayed in all his robes of ignorance, taking down the evidence of his brother magistrate, with astonishing coolness and deliberation. I must confess that I could not but smile at the anomally,and yet, I felt exasperated that such things could exist in a Court of British Judicature. During this stage of the proceeding I noticv^^d the Rev. Hugh McDonagh, Mr. McMartin and others who were sitting near each other, smiling — lirst surveying the Bench, then the wit- ness Box, and last a crowded auditory— their countenanceM clearly indicated their feelings, and too plainly bespoke the Words ** what a humiliating picture. Numerous subjects of complaints and disatisfaction with re- spect to the Courts came to my notice whilst ut Perth, which I am compelled unavoidably to defer to a future period, and which to do bare Justice to, will necessarily form the subject of three or four additional Communications, and that too of no very moderate K ngth. Things for the last five years in this Suarter (1 may date from the time that the late Sir Charles legot Liecanie wholly incapacitated to attending to Public Business) have been evidently in a very pitiable condition — calculated much to lower and degrade the District in public estimation — and it is only matter of surprise that the loyal, in- telligent, and independent portion of the inhabUants of the District, should have so long tamely and quietly submitted to this melancholy slate of things. An enlightened press under judicious management and controul ha^nc for its object the dissemination of correct information ana Gpon those principles of Government without which no Country can long prosper, and directed to the reformation of existing abuses would soon achieve (he desired object — It is to be sincerely hoped that •o important a distieratum to the welfare of the District will not be long wanting. Really from what [ saw, what fell within my own personal observat'on, and what I gleaned from authentic soarses during A^'< ceS^ my (cinpornry tojuurn fit Perth, the public 9/Smm> with one or two exceptions (C may instance the Clerk qC the Peace and Jicgiatar) aro conducted in any thing but a creditable manner, and as reHpecis the Chairman of the Quarter Sessions, I can- not in candour, justice, or common honesty, give any other opinion than that expressed so fearlessly by Alexander Frazer, Esq. un the first day of the Sessions viz, that from the paucity of his legal knowledge, his want of urbanity and gentlemanly demeanor, vacillating and erroneoua decisions, his persevering and outrageous blunders ao far from being a credit and an ornament, is in truth a curse and a disgrace to ine judiciary of the District. OBSERVE^l. KiiNOSToif, I6th Deer., 1646. »\