1^. IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 IttlM |25 itt Bii i2.2 IS lift "^ « Ufi 110 U 11.6 -^ O FhologFafdiic ScMices CarpoTEiticHi H>^ <^ i\ 23 WBT MAM STRIIT WIUTII,N.Y UStO (71«)t7a^S03 '^ CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian da microreproductions liistoriquas vV Technical and Bibliographic Notet/Notas tachniquas at bibliographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of thia copy which may be bibilographlcally uniqua, which may altar any of tha Imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chacicad b«.^^w. D D D D D Colourad covara/ Couvartura da coulaur r~l Covars damagad/ Couvartura andommag^a Covars raatorad and/or laminatad/ Couvartura rastaurte at/ou palllculAa □ Covar titia missing/ La titra da couvartura manqua Colourad mapa/ Cartaa gtographlquas an coulaur Colourad Ink (l.a. othar than blua or black)/ Encra da coulaur (l.a. autra qua blaua ou noira) Colourad plataa and/or llluatratlona/ Planchas at/ou illustrationa an coulaur D Bound with othar matariai/ RailA avac d'autraa documonta Tight binding may causa ahadowa or distortion along intarior margin/ La re iiura aarria paut cauaar da I'ombra ou da la diatortion la long da la marga IntMaura Blank laavaa addad during rastoratlon may appaar within tha taxt. Whanavar possibia, thasa hava baan omitted from filming/ 11 se peut que certaines pagea blanchaa ajouttea lore d'une restauratlon apparaiasant dana le texte, mala, loraqua cela Atait poaaibia, cea pagea n'ont paa At* filmtea. 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I — I Coloured pagea/ D Pagee de couleur Pagea damaged/ Pagea endommagtea Pagea raatorad and/oi Pagea reataurAaa at/ou palllculAee Pagea diacolourad, stained or foxe< Pagea dteolor^ea, tachetAes ou piquAea Pagea detached/ Pagee dAtachtes Showthrough> Tranaparenca Quality ?f prir Quality inAgale de I'lmpreaaion Includea aupplamentary materii Comprend du material aupplAmantaire Only edition available/ Seule Mitlon dlsponlble I — I Pagea damaged/ I — I Pagea raatorad and/or laminated/ rvj Pagea diacolourad, stained or foxed/ I I Pagea detached/ fVI Showthrough/ I I Quality of print variea/ I I Includea aupplamentary material/ I — I Only edition available/ Pagee wholly or partially obacured by errata allpa, tissuea, etc., have been refllmed to ensure the beet possible image/ Lea pages totalement ou pertlellement obacurcies par un feuillet d'errata, une pelure, etc., ont ttt filmtee A nouveau de fapon i obtenir la meilleure Image poealble. The pos oft film Ori( beg the sloi oth firsi sloi or I Th« aha TIN whi Mai dift antl bed rigl req me Thia item ia filmed at the reduction ratio checked below/ Ce document eat film* au taux de rMuctlon indlquA ci-deaaoua. 10X 14X 18X 22X 26X 30X X 12X lex 20X a4x 2SX 32X Th« copy film«d har* hat lM«n r«proclue«d thanks to tha ganaroslty of: BibliothAqua nationala du QuAbac L'axamplaira filmA f ut raproduit grAca k la gAnArosit* da: Bibliothiqua nationala du QuAbac Tha Imagas appaaring hara ara tha baat quality poaaibia conaidaring tha condition and lagibility of tha original copy and In icaaping with tha filming contract spacificationa. Original copiaa In printad papar covars ara fiimad baglnning with tha front covar and anding on tha laat paga with a printad or liluatratad Impras- aion, or tha back covar whan approprlata. All othar original copiaa ara fiimad baglnning on tha first paga with a printad or liluatratad impraa- slon, and anding on tha last paga with a printad or liluatratad Impraaalon. Tha last racordad frama on aach microflcha ahaii contain tha symbol -^ (moaning "CON- TINUED"), or tha symbol y (moaning "END"), whichavar appllas. Laa tmagaa suivantas ont 4t4 raproduitas avac la plus grand soin, compta tanu da la condition at da la nattatt da l'axamplaira filmA, at an conformity avac las conditions du contrat da fllmaga. Laa axamplairas orlginaux dont la couvartura 9n papiar ast ImprimAa sont fiimte an commandant par la pramiar plat at en tarminant solt par la darnlAra paga qui comporta una ampralnta d'imprassion ou d'iliustratlon, soit par la sacond plat, salon la cas. Tous las autras axamplairas orlginaux sont fllmte an commandant par la pramlAra paga qui comporta una ampralnta d'imprassion ou d'lllustration at an tarminant par la darnlAra paga qui comporta una talla ampralnta. Un das symbolaa sulvants apparattra sur ?a darnlAra imaga da chaqua micrcficha, salon la cas: la symbols — »• signifia "A SUIVRE", la symbols V signifia "FIN". Maps, platas, charta, ate, may ba fiimad at diffarant raduction ratios. Thosa too larga to ba antiraiy Included In ona axposura ara filmed baglnning In tha upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams Illustrate the method: Les cartas, planches, tableaux, etc., peuvent Atre flimte A des taux da reduction diffirents. Lorsque le document est trop grand pour Atra raproduit an un saui clichA, 11 est fiimA A partir da Tangle supArleur gauche, de gauche A droite, et de haut an baa, en prenant la nombre d'Imagas nAcessaira. Les diagrammes sulvants illustrant la mAthode. 1 2 3 I 1 I 2 3 1 2 3 4 5 6 # BIBLIOTHEqyE # ^ rT=5VLHCE mm^ iiHii f^:m ^■t^:!'(Tfti_ ili-i'iirH|l A FULL A€€Oin»V or THS 0» lAMES SUITER, Sen., WILLIAM SUI- iifi ^iii TER, Jun., & JAMES SUITER, Jun. ili'l ill FOR THE MURDER ,. ■ OP ,- > ., LIVIJyG LAJVE. ' •..;;>■ -A ^' WITH PORTBAITS OF THE THREE INDIVIDUALS; AND AN ACCOVIVT OF THE EXEGVTIOIV ■ OP WHfLUM. SUITER, •';''*■*.,. .■•*/(», * • • • t '* • • • . . • ND THl?IB.THR)E:TEDS(5tARA:'riONS, * « APRIL. 1834. P920.9 SyM. 39 Q- • • * P I; I t ialitiiilililllMi mm^-^mi iiyi^l^j PREFACE. I The unfortunate individuals who are the principal actors in the events recorded in the ensuing sheets are natives of Ire* land. They emigr.ited from the property called Oartena> moyngh, two miles from Garragh, and ten from Coleraine in th« County of Derry, and arrived at Quebec in July 1880. It was intended by the publisher of this Pamphlet to have given an account of the settlement, &c. but ihe narrative given in the de* claratiun of James Suiter, iScnr. is so full and explicit, that «uch account is entirely obviated. It will be observed that an entirely different aspect is given to the case from that which was given to it by the evidence on the trial, and much sympa* thy has been excited in the public mind in consequence. Much duubt cannot exist as to the truth of these declarations, as they were written by Failier and Son when under the full impres- sion that ihfy were going to suffer the |)enalty of the lavif. The reprieve was not made known unto them till about a quar- terofan rour before the execution of William Suiter took place. Much d.scussion on this matter has taken place in the public prints, which cannot be belter elucidated than by the following article extracted from Mr. Neilson's Quebec Gazette of 4ilt April 1834. " III looking back to the communication signed " Several of your Readers" we perceive that it is insinuated t|,iat the Agent of the Seigniory of St. Sylvesire (Mr.Wickstead) had gi- ven the Suitors a location ticket or deed of land of which Lane had deeds. This is we believe untrue. At any rate the in- sinuation, wiMioui giving any proof, was malicious and base, and it was only because the circumstance escaped us that it found insertion. We know, however, that tht're is an opinion prevalent that the Suiters conceived and aflinned that they had a fair claim ^o the land which Lane was settling upon at the time of the mur- jiler ; and this might have been explained without refer- ence to any individuals more than ni.ust neces'iarily be the case. Tile question has an important bearing. Much animosity and frequents collision have occurred in Settlements thinly popuhi- 57383 ted, and at long distances from Courts and Magistrates, in con sequence of misunderstandings arising from promises of land, which is held for the period of settlement duties, often on ver- bal or imfilied grounds, and even more regularly on a mere lo- cation ticket, on conditions to be performed, and afterwards decided upon by the granter, and which location ticket, not being regularly passed before a Notary, is not legally enregis- tered, and may be contested on various grounds. The new value given to the land by the labour of the settler, becomes also a new motive to contest the promise. The law on this subject ought to undergo a revision, the Ughti of all parties be better established, and regulated by known forms. With respect to the case of the Suitors, Lane had deeds of the land they claimed ; and their Council not having brought thp question before the Court on the late trial, there is a strong presumption that he could not establish their right, since it was a fair subject of reference to the Jury. Under these circumstances, we must close all discussion in this paper on the subject, but we trust that nothing to the prejudice of either party will be said iu other newspa|)trs." Thus we have endeavoured to tiive a view of both sides o^ the question, and with the Editor of the Gazette, will drop ilirther discussion on the subject, leaving it to the public to form their own opinions on the question. It will be observed that some irregularity exists in the spel- ling of the name of these individualsi^ Suiter^ it appears, from their own signatures, is the proper orthography of the name, while during the whole course of the discussiou, trial, &c. U was writtCD Shuier, Quebec, 5th April, 18M. : I » J. . m I ii^s^s', TRIAL, &c. COURT OF KING'S BENCH FOR THE DISTRICT OF QUEBEC. CRIMINAL TERM. — Marcli, 1834-, T, Thursday, 27th 3Iareh. HIS being the day appointed for tlie trial of the Suiters, the Court was crowded to excess an hour before the proceed- ings commenced. The |)iisoner8 wjro undaunted counte- nances, more particularly the two younger Suiters : the fa- ther took notes of the proceedings and was in frequent con- versation with his counsel, F. C. Aylwin, Esq. Having de- manded an English Jury and the panel nut comprising more than four persons who were acquainted with the English lan- guage, eight persons were taken from among the spectators by the Sheriff to complete the Jury. About half past nine o'clock the Honorable Chief Justice Sewell and the Hon. Justice Panet took their seats en the Bench. James Suiter the elder, William Suiter the younger, md James Suiter the youngor, were then placed at the bar, char- ged with the murder of Living Lane in the Parish of St. Syl- vestre, Seigniory of St. Giles, County of Lotbini^re, on the 6th December last. The following gentlemen were sworn in as Jurors ; Messrs. Thomas Hunter, foreman ; Horatio Carwcli ; John Macpher- son ; James Birch ; William Robinson ; John Martin : John Parker; Maurice Fewar ; James Wright; William White- ford ; Thomas Brown ; Joseph Maloney. The Attorney General then proceeded to open the case anrf addressed himself to the Jury. Befuro he entered into the particulars of this melancholy transaction, he would beg of them, nowthey had assumed the office of Jurors, to lay aside alF impressions which might have been made on their minds by pri- mssBm « 1' ' ( vale convnriuilon or nrtlcltfs in tho public prints. Tlieir duty towunli tiieinsclvt's and the prisoners was to render their ver- ]v, that of murder, a crime every whrre puiiislicd with duatli, on tho authority of thu Divinu law itself, lio statt^d this to tiiom in order to shew that if the prisunirrs wiiere foinid jjuilty they could expect no mercy at Dk* hiinds of till) Kin;r's r('pro. Express or ponsitivo malice in tho commission of the deed, woulii he; fciircd ho proved too plainly against tho prison- trr^. ilo (lid not wish to press against tho life of the unfortu- p-'iUf iridivicUiiils at the bar, more than a mere recital of facts, but it was his boundiMi duty to cull forth witnesses and avenge ihi' blood of an innucont mnn. 'I'he unfortunate deceased, Living Lani>, had resided at St. Giles for a period of a year or two ; jho prisoners liad also bi-en residing there for some time. Lhuo had obtained permission to go upon No. S.and afterwards obtained a location ticket. On the evening of the 5jh Decem- ber, he engaged one Uiissel to assist him in clearing the land and building bis rosidunce. Doth llussel and himself agreed to .stop on the uroniid all night and slt>c[> there in order to have a long day. They had commenced working the next morning tvlifn tho prisoiu'is at the bar nuide their appearance, and were ^borlly aftor followed by two other individuals, Robert and l>.ivid Suiter, who were included in this indictment but with- i (m; was jK>t rnncli hint ; doubtless also he was apprehen- hive that if he told tlioni Lane was mortally wounded, he would have shaiel tho same fate. Tiie first individual whom Kussel i.vKi iifier he liad goiic in quest of assistance, will tell you that vA\M\,\ h,' came up to tho deceased he said to him, " 1 am sorry to ;eo yo,» v. > lu y." Tlij deceased an»wered him, and said ho inJ bee)> shi! by oil livAwr and one of his sons who had both * rmuMmi^aHiaaaawiitagteifa mrrti** 0(1 simull.ineouiily. 1I« would wind tip his lenwaks hy oiu nerving that the ixvo others iiic equally citlpHhlo with the 0119 who firod. It will bo for yuu tu distinguisli hctwftn tlir d upon to avenge tho blood ol an innocent man, and no ftlso ientiineut of pity, can justify you in acquitting thum, if Uio evidence is decidedly against them. The witnesses were all confined in a room and called out :i!i their evidence was required. The first witness on the par( of the Crown was Hugh ilussel, v. '.10 being sworn said, (le re- Aided in December last at JNIr. I'ulkers, in tlvj Parish of Si. Giles. Had known tho deceased fur about six weeks, the pri- Jioner by sight for about two years. Had worked a inonili for deceased, and was going to commence anew on the Gih Dereni- bor on lot No. 8, in the Parish of ^t. (iilus. On tht> .*> h went to work with tho deceased, and slept on the pround ilt;it night. There was a small clearance on the lot, and (it ccusi d bad hired him to help him in raising a hut. Rose in the nioriiii:< vcrsation ensued, during .which deceased snld '* I sha'nt po"; deceased made use of no nuiiry words. Durin'^ the ronver- »ation which old Suiter had with deceasi d, ho f a:c:.' !i";..<:'f t>n u log opposite to deceased, with the gun act o;.:^ ;.,3 Lui.i/, nil i i I Saw old 6uit«r take off his tuitions, and make a motion ai if he wai going to rock liin (;un. When lie made tliis motion aaid, to best of witness' recolleciion, *' if you don't bo off I'll blow yo'i to hell,'* upon wliicli old Suiter rose and stepped back. About lliis time d«;rcHscd sat down on ono of the logs of the hut he liad been chopping, with his left side towards Suiter. Wlien the elder iSuiier stepped back he got out of witness' sight, and then he could not see either of the prisoners; and from ono to three minutes after, witness heard the report of a gun close to him. Immediately after the report, witness .saw deceased fall to tho ground, and cry murder. Witness then ran to deceased, lifted him up, and put him on the place where they had slept during the night. As witness found some difliculty in lifting deceased, he called on the prisoners for as- sistance, thfy delayed a little, and went off without rendering assistance, or giviug witness any answer. Witness made the deceased as cunifortahie us he could, went in quest of assis- tance, and passed the prisoners, when ho again asked them for assistai ce. One of the prisoners gave him for answer, ** I suppose not." After that witness went to the house of Patrick Gehardy, informed him of what had happened, and went along for fuither assistance. Witness did not go back to the de- ceased, but saw him again, when the others were carrying him on a hand-oarrow to IVlr. Felker's house, about a mile distant from where he had been fired at. Witness went into Felker's house, and there attended on the deceased, and remained with him until his death, which took place about three o'clock, P. M. Deceased always said " Icannot live," " How can I live," *• I must die." Deceased was a married man, with a family ; from t\ irty to forty years of age ; liis family resided at Felker's farm. Never heard the prisoner^, before 5th December, ex- press themselves as to any intention with regard to what they would do if any person took | ossession of the land which they called theirs. On the evening before 5th December, witness met William Suiter, who asked him if he was going to work fot* Living Lane. Upon witness saying he was. Suiter told him that some trouble would follow, and he would be in danger of the law, or words to that purpose. Witness saw Lane dead, but was not [iresent at the doctor's examination of the body. Cross-examined by Mr. Aylwin. — ^Felker was running lines for witness about the 4th December. Had lived with Felker previous to this. Had only known deceased for about six weeks. Has been living at St. Sylvestre for three years. Be- lieves (he $aUers were settled there before he came. There mmMh »» kr« bix Or invon of tlio Suiters retiding at St. Sylvoitr««' Heard that n latr suit had taken place belweoo Folker and the Ki. iters. Shiitcr pcrsuHdcd witness not to go to deceased oa accuunl of ihu dan^ur to bu apprehended. There was a small clunruiicu oil dfcrasudN land, and a small house built on it about 100 fvut distant from propoi^ed hut of deceased. It wai genurnlly known that the Suiters had worked oa this clearancoi but witness could not say it belonged to them. A month be* lure the murder was comniittod deceased had engaged witness to work for him. Witness had told deceased something about the Suiters laying claim to tho land. The reason for sleeping out all night, was that they might make a longday of itt Dv* ceased told Shuter ho would keep the land till he was compeU led to leave it by law. Old Suitor spoke loud and angry, and deceased altt'ays answered him in some manner. Deceased had an axe in his hand, which he might have lifted against Sui<* ter, but witness did not see him do so. Is well persuaded that deceased was sitting down when he received the shot. Heard but the report of unn gun. Did not observe tho position in which the Suiters held their guns at the time the report was heard. Distinctly saw old Suiiei pull his mitteus olT. Told the Suiters he did not think the deceased was much hurt. It was after witness told them this that they left the ground. Sometimes persons travel with guns in their hands. Examined anew by Attorney General. — Witness* reason for stating that deceased was nut much hurt, was that he was ap- prehensive if ho said deceased was mortally hurr, he would share his fate. Questioned by one of the Jurors.— ^The two persons who came up witness understood their names to be Robt. and David Suiter. Mr. William Colclough sworn. — Is a surgeon, residing at Leeds, seven or eight miles distant from Lane's place. He was going along Craig's Road on the 5th December, in a dilTerent direction from St. Sylvestre, when he was informed by a lad, that a man had been shot at St. Sylvestre. He was afterwards called by the Coroner to hold a post mortem eia- niination on the body of Living Lane. The body, which was then frozen, was in a good state of preservation. I» per* forming his duly, found that a wound had been inflicted en the left side, by a leaden bullet, which had entered close to the fourth rib, and passed through the muscles of the back bone* The left arm was sprinkled with small shot, and a few wervr found near tho hip whore the bullet had entered. Had nv B mmm wmm. 10 If f- V ' I: i M' Hi ) ' doubt the wound was tht cause of the man*8 (toath. He open- ed the abdomen, which appeared to be that of a strong heal* thy man. Cross-examined by Mr. Aylwin. — The wound had the ap- pearance of being too clean to be caused by small shot. Did not think the wound had been caused by a cohesion of small shot. Wound appeared to have been caused by the discharge of one gun. The small shot had so much the same direction as the bullet, that he inferred they had both been discharged at the same time. In answer to a question put by the Attorney-General, wit- ness said, it was possible that the wounds inflicted by the small shot and bullet were produced by two guns being fired at the same time. Dr. Lyons sworn. — Considered that death would be produ- ced by the wounds described by Dr. Colclough. William M'Grath sworn. — Resided at St. Sylvestre in De- cember last, and knew Living Lane and the prisoners. On the 5th December, about sun-rise, he was met by Hugh Rus- sel, in Concession No. 1, St. Frederick's, who appeared to be very much agitated, and said Suitor had shot Mr. Lane. Russel told witness to take some covering to Lane, as he was likely to freeze. Witness went with another person having a blanket with him, to Lane, who was lying down with his head leaning on his arm. Lane shook hands with witness, and witness told him he was sorry to see him so low. Witness asked him how he came by his wound, and he said, old Suiter and young Suiter had both fired at him at the same time. Witness asked how many there were of them, and Lane said there were five. Two other persons came up, when they made a hand-barrow, and carried him to Felker's. Did not see Lane again, till the Coroner's inquest was held upon him. Does not know how long Lane had been there. Cross-examined by Mr. Aylwin. — Does not know whe- ther Lane, when he said that the two Suiters had fired at him, was apprehensive of dying. Witness had asked Lane whe- ther he was wounded in more places than his arm, and he said he had a charge in the small of his back. Witness has beer living for some time at St. Sylvestre, and believes that ' Suiter made part of the clearance, and Felker another part. Never heard any thing against the character of the Suiters. James Hagan sworn. — Lived at St. Sylvestre, next neigh- bour to last witness. In Deer, last was called upon by him to go to the assistance of Living Lane who had been shot. I I MM! iHliii 11 Found the deceased lying On his aid*. iSaw him make a mo* tion to give his hand to M'Garth. M'G. said he was sorry td see him lying so low, and asked him who had shot him ; Lane said it was old Suiter and one of his sons, who had both fucd at the same time. Dec( <):"( d showed M'Garth th« wound on his arm, and on M^Garth remarking that it would not signify much, deceased said he hau iiituLher charge in tha small of his back. He appeared to witness to be apprehensive of dying, as he was moaning, and praying to the Lord to have mercy on him. Michael Kerr and Patrick Gaherty came up after this. M'Garth went away to make a barrow; and during his absence, Robert and David Suiter came jp. About three days pre- vious, William Suiter had come to witness' house, and wit- ness asked him how it would go between Lane and his father; Suiter said he did not know, bui that who^jver came there might bring his sheet and collm with him. Witness swore to W iliiam Suitet at the bar. After putting Lane on the barrow, they carried him on it, and stopped at a house on the road to warm him, and after- wards proceeded to Felkers. No accident happened oa the road. Cross-examined by Mr. Aylwin, — Knew, by the talk of the neigbours, that Lane had got a deed of the land. Witness knew that Thomas Suiter had worked on the land and had taken two corps from it. David Felker — has lived in St. Sylvestre 11 years — known prisoners for 3 years. Witness was not at home when Living Lane was brought to his house, but came home afler, about 2 o'clock. Lane was alive at that time, but appeared to be in great suffering and was hardly able to speak ; witness asked him who had shot him, and he said the Suiters, and about a minute after he said he could not live many minutes. Wit^ ness seized his gun to go in pursuit of the Suiters, when de- ceased said, ♦' for God's sake don't shoot them dead." Witness brought back Wm. Suiter and said to him " William I'm sorry for you, I did not think you had so hard a heart as to murder a man in cold blood." Suiter said it could not be helped, he did not mean to murder him, he only wanted to wound. Wit- ness said to him, I don't see how you could miss when you hud such a charge in the gun, viz : a whole handful of shot and a ball. Suiter answered that he had nothing but a ball in his gun. — vVitnesstheo said of course there must have been ano- ther shot ; Suiter answered, Oh I its bad enough, say no more ahout itt n M, : n! ill: lin 1 j Cro9s-ex. by Mr. Aylwia. Is the same person who was in- dicted for an assault on Thomas Suiter. James Suiter had no interest in the prosecution that witness knc\i of. Had also a law suit against Thomas Suiter and his father, for trespassing on the land. Suiters had threatened witness with shooting him several limes ; upon which witness said that if he met them in the woods armed, and he thought they meant to shoot him, he would shoot them in his own defence. None of the b uiter fa- mily ever said to witness that they laid claim to the land. Has made application for a warrant against the two Suiters against whom no bill has been found, because he was apprehensive they would burn the buildings in his absence. A variety of other questions were put the witness by Mr. Aylwin. Jean Joseph Reny, is a Notary residing at Ste. Marie N. B. Passed a deed of sale between Felker and Lane on the 6th Nov., 1833, which was produced. Was travelling in those parts some years since, when old Suiter shewed the road to him. The Attorney General here said he would close the case, but if the council for the prisoners brought forward any extra- neous evidence, he would be prepared to meet it by other witnesses. James Suiter, senr. then made his defence, and said he had a title from Mr. Wickstead, and that David Felker had been always persecuting him and his family. He made a great ma- ny assertions with respect to his good character, and the hard work which he had gone through in supporting himself and family, but nothing in justification of the murder. Wm. Suiter, junr. said a few wcrds, and hoped the Court and Jury would give him fair play with David Felker. DEFE]V€E. Mr. Aylwin brought forward witnesses on the part of th« prisoners. David Suiter, sworn.— There is a trifling relationship be- tween the prisoners at the bar and witness. Eighteen persons of the Suiter family lived at St. Sylvcstre. Had occasion to pass over the lot on the day Lane was shot, on some busi- ness respecting a bridge, James Suiter, sr. was overseer of the bridge — heard old Suiter disputing with Lane, they were talking loud, and he went to see what was the matter. When witness came up, old Suiter was bidding Lane to marche doncj. IS in (he Kin;r^s name, from his land. Lane answered that he had paid £15 for the land, and he would keep it and stop on it this winter, and let Suiter take the law. Lane stood on a log witli an axe in his hand ; old Suiter was sitting on a log in the h)i^ and when Lane f aid this he drew hack out of the hut. Lane said 1*U let yo:i go lu the law, nmi that very soon. As the old man drew back, witness heard the report of the gun. Witness could see the old man's gun, and swore positively it was not his which caused the report. Old Suiter had his gun in an ohiiquc direction with the muzzle pointed upwards, and while he held it in that position, witness heard the report. 1 Kaw two guns, there was only one gun discharged ; the old man had one and his son Willum the other. Could not say how Wm. Suiter held his gun. Witness had heard persons chopping in the night on the land where Lane was. Cross-ez. by Attorney General. James Suiter and Gehar- dy summoned him to go to the bridge. Can hear the report of a gun at the distance of a ^ of a mile through a thick bush. Can not swear the report of an axe was heard that night ; he only heard so. James Suiter, junr. had a bayonet in his hand —it was not for bridge building. Prisoners offered no assistance to the deceased ; cannot say whether Russel asked them for assistance : had been suffering from a fever which affected his «ye-sight and hearing, but swore positively he neither saw the old man cock his gun, nor heard him discharge it. Robert Suiter, was then sworn — Is a nephew of old Suitor. Knows the lot of land, the clearance of it was made by old Sui- ter. Was going to assist in building a bridge on the 6th De- cember, and in order to gel to it, ho had to pass over this lot of land, and on coming near the place, he heard a number of persons quarrelling. — He heard old Suiter tell Lane to martht done in the King's name ; Lane said he would stop there this winter ; and old Suiter said he would not allow him to stop there and rob him of his property. When witness came up Lane was standing with an axe in his hand ; old Suiter was «tanding also, but sat down a short time after with his feet in- side the hul. James Suiter, Senr., had a gun his hand. Lane was stepping forward with an axe in his hand, cutting bran- ches off one of the shanty logs. When Lane advanced, old Suitei got up and came out of the shanty. When Suiter came out. Lane was standing with one foot on a log and the axe in his hand. Immediately after, witness heard the report of a gun, — only one. William Suitor had a gun which witness supposed was discharged. The old man's guu was uot dis- iii Mm U \ 8 11 !' ■ •I: >' charged, a> the muzzle was down low. (David S. swore it was pointed upwards.) Cross-ex. by llie Attorney General. Never saw the clear- ance, and does not know who made it. He was in the clear* aiice when h« heard the noise, which alarmed him as ho thought persons where wrangling. Deceased was standing listening to the prisoners ; deceased was rough in his speech* Heard old Suitor say that if Lane would not go away, he would blow him into the air— -could not distinguish exactly whether it was hell or not — thinks it was air. Deceased never came in* side the hut. Old Suiter retreated live or six feet. David 8ttiter was eight or ten feet to the right of the old man. James Suiter was behind the old man with a bayonet in his hand* James never told witness his gun was loaded with ball. In- stantly after Lane said he would stop there this winter, witness heard the report of the gun. AH walked off and left Lane in charge of Russell. William M'VVilliams — has known the prisoners for twenty years befor* they came to this country. They always bore a good character in Ireland. Samuel Foregrave, — resides at St. Sylvestre, and has known the prisoners there and in Ireland ; never heard anything against them. John Sheridan,— resides at St. Sylvestre and has seen old Suiter working on the land in 1831 — there was a clearing done sn that time and since— a house was built also by the Suiters. He gave them a good character. Anthony Anderson, Esq., gave the prisoners a good cha- tacter. Paul Lcpper, Esq. gave James Suiter a good character. Jantes Hougins gave the prisoners a good character. John Kerr — was one of the witnesses at a trial between Fel- ker and the prisoners, respecting lot No. 8. It was No. 8. that Lane was killed upon. Cross-examined by the Attorney General. — Suspects it was old Suiter built the house. Saw Living Lane when he was carried on a barrow, he appeared to be in a dying state, and said it was old Suiter who had shot him. The case closed here, and the Hon. Chief Justice proceeded to sum up the evidence, and addressed himself to the Jury as follows : The prisoners at the bar stand charged with an indictment for murder, the highest of crimes. There is a distinction how- ever madu in the law of England, that is to say it is divided k/r 15 into classes, Murder and Manslaughter and it is to tliesc tiro j)oints ve shall have to direct our Httention. Murder is where a man in his right senses slnys another with malice aforethought, that it is with a dispositiuu to kill and being in the full enjoyment of his senses. When an intii- vidual forms a premeditated design it is railed malice, but there are many other instances in which malice is implied by the law. When a person cairies a deadly weapon such as it gun with him and indicts death without suflicient provocation. The law of England makes this distinction, that where a man has sufficient provocation, where the blood is in a frenzy of passion, the crime comes to that of Manslaughter. Instancci of this occur daily, as in a fight for instance where blow after blow is given and each party is striving to injure the otiier n» much as possible, some unlucky blow is given by which death «nsues. This is what the law calls manslaughter ; but if du* ring the contest one of the parties should draw a dagger or other deadly weapon and use it, it would bctokeu a nialiguant disposition and as such would bo Murder. Now, Gentlemen, in this case a defence is set up which eii' deavours to shew that the prisoners had sufRcient piovocatioa and it will be necessary for me to say a few words respecting this defence before we proceed further. The defence set up is this : that the prisoners had 3 or 4 years ago obtained from the Seigneur of St. Giles certain lots of land ; they had effected certain improvements therein under the cognizance of the Seigneur, and that when Lane came to take possci^siori, thev resolved to turn him off l>v foul or fair means, as tiiev considered him a trespasser. Our books are filled with precjo dents on this point. Where the trespass is against the [nn- pcrty of another, law does not permit the injured party to make use of murderous weapons. If in turning ofif the tr^s* passer a murderous weapon is used and death ensues, it ^vili lut Murder; but if in turning him off by fair means and a fight should ensue in which tho trespasser should happen to receive an unlucky blow which kills him, it is only Manslaughter. Admitting the whole of what the prisoners have said: adoiitting that Lai>e became a trespasser on tlwsir (>ropcr« ty^they had no right to use murderous weapons. It would be matter of very serious enquiry for you to ascertain what were the motives which induced the individual to fire the gun. If they sat out with a dangerous weapon with tho intent of kiN ling Lane, it will be murder in every sense of the word ; if on th» contrary you believe tho last witnesses brought up, and 16 il ll»at William Suiter fircfd the gun, because ft'0 conceived tfiur life of the old man to be in danger, it will be man- slaughter. It is for you, Gentlemen, te decide upon it, and f fceg you will keep tliese remarks continually in your minds while reflecting on (lie evidence which I dhall now read over* to you. ^he learned Chief Justice then read over the evidence a» we have above given it. He then continued his remarks a» follows ; I am not aware that it is necessary to take up your time much longer^ but there are one or two points to which I would direct your attention. It is very evident that me^ naces were made by old Suiter, but it is not so plain that her fired. It is true the dying man declared that he did, but he might have been mistaken. It is very evident it must have* been fired by some one, and it matters not who ftred it : the prisoners are all equally guilty if it was fired by one of them In the language of a celebrated criminal Judge in England, the finger ot every one present is upon the trigger of the pistol when fired. The Jury then retired at about half past six, and the Court having waited for about an hour for their verdiit adjourned until half past eight, at which time it met again and the Jury entered to ask some questions, the principal of which was to* ascertain if it could be proved positively that two guns werer fired. Tlie answers they received not being sufficiently ex« plicit to elucidate their dou.. , they could not come to a deci-' sion. They were \n consequence remanded to the Albion Hotel, until Saturday morning at eight o'clock, as the Court did not sii the next day, it being Good Fiiday. Saturday f March 29« This moriring ?t little after nine o'clock, the Jury came inta Court and delivered their verdict in the usual fornf, pronouncing the three prisoners Guilty, but recommending t neck till you are dead». ^nd when your body shall be dead, that it be taken dowa ^nd dissected and anatomised. — As to you, William Suiter^ jho sentence of the Law is the same, that yo« be taken from henco to the place from whence you came, and from thrnce on Monday next to the place of execution, and that you be there hanged l»y the neck till your body be dead, and when your body is dead, that it be taken down and dissected and anato-. misjid. — As to you Jamet Suiter younger, the judgment of the Law is, that you betaken to the place from whence you came,, and from thence on Monday next you be taken to the [dace of execution, and that you be there hanged by the neck until, your body be dead, and that when your body is dead, it bi* taken down and dissected and anatomised. — Prisoners — May God have mercy on your souls. ■"' • -isoacra heard their fato with the same composure thpy It^ hnd pre!iffrvcJ throu^liOJt the wliole of the trial. Jamei the yoiinj|;cr (iri^-oner, alune, shod a few tears, which with his youth excited tilt! (-oini)ii>eiaiioi) of the bystandeis. Tlic Hon. Cliirf Justice some time after informed the priso- ners that tlioy stood res|)iied until Friday. Fridai/, 4 April, 1804 This bring the day appointed for the execution of William Suiter, an iinini>nse croud had assemblt.'d in front of the Jail by 9 uVlock a. m. and cont'nued to increase until a few mi* notes after 10 when the unhappy culprit ajipeared on the plat'' form atteiided by the Rev. Dr. llarkne.ss and the Rev. J. Clugston. i^Ie appealed to be perfectly resigned to his fato and conducted him elf with astonishing firmness. Me is about 24 years of age, and the crowd appeared to feel for him and his siiflerings in the highest degree. After they had arrived on the platform the following declaration was read by the Rev. Dr. llurkncsst Copy of the Coh/ession of Wiltiam Suiter, tlxecutcd tht Ath of April, •• I do ht't-ehy solemnly declare, in the immediate prospect of death, and as I have to answer to Almighty God, at the great day of Judgmcnti that on the morning of the sixth day of December last^ my mother called on me while in bed, and desired me to go after my father, as he had giiWe td the clpar< ancu of land concerning which, he and Living Lane were dis-* puting, in order to endeavour to prevail upon Lane to desist from proceeding in building a log-house on it, and te leave the land quietly— that at my mother*s request, 1 rosoj took tiiy gun in my hand, as 1 had been in the habit of doing when going into the bush^ and proceeded towards the clearance, and that on my way thither, I called at my brother James* shanty and requested him to accompany me^ which he readily did. We did not come up to my father till he had actually entered Upon the clearance ; shortly afterwards a good deal of alterca- tion took |)lace between my father and Lane, my father insisting upon his right to the land/and Lane declaring that he would not leave it, but keep possession of it. About half an hour or three quarters of an hour after we arrived on the land, Lano came forward on the logs which had been piled up three deep for the commencement of the intended log-house, and placed his left foot on the top of them in a menacing manner, with an Bttf-iiiiiiWi 20 ! H ) ■\^ axe in his right hand, in such a way as led me to dread that h€ intended to throw it at my father— and on strning my father re-< tire or drawback, as ifiliruugli fewrof nhai might happen, I immediately discharged my gun with the intent of maiming tiio leg on the log, and saving my father's life ; but with no other intent whatever, neither iiarbouring malice against the de- ceased in my heart, nor having any premeditated mischief against him* Had it not been for David Felkcr and Mr* Wickstead, I should not now be in my present awful situation. But 1 freely fnri^ive them, and all othert who have injured me, and pray that God may also forgive. I acknowledge the jus- tice of my sentence, thougJi I must persist in declaring with my dying breath, that 1 had no intention of killing Lane. I mourn bitterly for what I have done, but trust that the widow and the orphan will find a friend in God. My father and brother are innocent of the crime for which they were coudemned to suffer. ** I publicly confess that I have been a great sinner, and too often neglected my religious duties, but the crime for which t am about to suflfet is the Only otie of a deep dye of which I feel conscious. I return my thanks to the Cli*rgy, the Sheriff and Gaoler, &c. for the great sympathy whii h they have shewn mo ; and feel particularly grateful to our Counsel, Mr* Aylwin, fur his exertions in our cause. I recommend my mo- ther and all my dear relations to the mercy and keeping of God, and I trust that my untimely fate will be a warning to them and all others to guard against and restrain the first risings ofpas-* sion, which too often leads, as in the present instrfnce, to fatal consequences. 1 die in peace and charity with all men, and my only hope of pardon and acceptance with GoiJ, is through the merits and meditation of the Lord Jesus Christ, who is my strength and roy Redeemer* (Signed,; Quebec Gaol, 4th April 1834. " WILLIAM SUITOR* ** I do hereby further declare, that as I hare to answer to God, 1 did not charge the gun for three quarters of a year before I discharged it at Lane ; and I also solemnly declare, that I do not know who put in the charge which 1 fired on the me* lancboly occasion. (Signed,) " WILLIAM SUITER*'* 1^ ^9m 21 *• I fnrll'er d<»el»ire, as ft (lying ninn, ihni ihft bsyrrirt fi tr/! ytn the stick, whicli my brntlicr JrinicK had in his hnirl, \r.7>( ^jroucht from In-hind, nml fixed on the vr-v samn siick» to \Un best of my ktiowlcd«:e, afur our troini; to tluj Bush, tln' peo- ple having persnadtd us tlifii it wms danfjoroiisio l'o in the* n-ood^i tvilhout some VVCiiirOn to defend owrselves, in casQ of nioctin;;; Vith wild beasts. (Signed,) " WILLlAiM .SUITIJ?. After this declaration was read, tlic utihappy ni!piit gave the signal and liis 5:pirit went to '* tliat homr from which no traveller returns." The arrangonienls miido by i!i(< SheriflT were highly judicious niid di(l without a struggle), the boards round the scaHuld were so hi;:ii that no part of the body could be seen. Tlirt following declarations were prepared by .Tames Suiler, Sen. and James Suiter, Jun. the day previous to the cxi-rution, In the full conviction that ere 24 hours had ehtpsed tliey would be numbered with the dead I Last Declaration of Jamr.s Suiter, Senr. I do hereby solemnly declare as a man just about to esiier into eternity, and as 1 have to answer to God at the great dnv t>f Judgment, that on the morning of the 6th December l;i^<, the day on which Living Lano unfortunately was shot, I lilV, my house about one hour and a hdf before day liijbt alnv., took my gun in my hand (:is is the ttsual practice with pen;!! ■ going into the Dush) and proceeded to the cioaraiiCe of lin f. which I had made on St. Frederick's Ilnngc, P.iri^It ofSu Sylvestre, on which I had erected buildings, and from w!iir!i \ had taken two crops, and to which t conceived myself lo hTv.i the best right, having a written documen' frouj Mr. WirkstPDr!, being as follows : " The bearers James Suiter and Thomts Hardy may take any number of lots above No. 10 opposito Felker's Mill." (Signed.) G. W. WICKSTCAD. And I further conreived mjrselfto haTP the b«st ririht to •?i'? Uod, because I hoV a roccnfjt fri>rn Mr Wirk^ttadt in whit }« iMM* 22 I ! hA acknowloJgcs the roccipt of nino dollnrs from me on account ofninolots, ot'ivliicli Drconr-c I an stipiio^eii ro InvH bi'iMi in possession iil llu- limi' Uy .M . Wuk«tt'ii I, nr if nut \.\ p i-^m's- sioM of ihu wliolf, to Utvvi tliu power, or ri^lr, or pi>niiis<'iiiit is graiilcd tu niu by tliu itfortM n.l d tc i ii.-nl of icki ii; «i;il fiir mysolf ill ,iuy rtiuf\t' b'-yond N.i. 10, tlut niMiniiy of hind hhIH- cient to iiiiiko up niiic iDti, wliicii wDiild i'(i.:taiii Hll) — wlit^reas Mr. Wicksiru'l dn l;in!ly It-ave it with a disrorning public to pronounce a verdict, kiiowinu that tbey will do jus- tice as they love mercy. As 1 have said, 1 took my gnu in my hand and proceeded alone to the clearance with tbo view cer- tainly of eudeavourinjfto canso Lane to desist from lakint; for- cible possession «d' what I conceived to bu my property, ta leave off attempting to erect a loi; bonso and to return home } but ( God knows) without the least malice in my heart towards him or any foreihou<:hi of evil against him. While therefore 1 acknowledge the justice of the sentence passed upon inystdf and my unforiunale boys, and thank the Jndire for his imparti- ality in suni;ring up the evidence against us, and for the feelingf manner in which he passed thu sentence of the law, and also the Jury for their long and patient consitleration of the evi- dence before giving in their ver»lir,t, (which 1 believe was a verdict according to conscience) yet I must declare that the crime of Murder was never cither contemplated or perpetra- ted by any of us. I leave my best blessing with my hst farewell to my dear wife and my dear children. The grace of our Lord Jesus Christ be with you all and rest with you all in righteousness, justice, wisdom and truth. Seek God early, it is surely the straightway to heaven, God will bless yon by so doing ; serve your neighbour at every time j'ou can being either Brother or Sister to us all. I die in peace and charity with all men, audi 2;3 •^•f forglv© all tvho liavo done f vil or wished ««vil Hpainut me, and pniiiciiliirlv iIikv inrlixiilnals who h[iv«» ht-j-ii lh«) en mo of now lA urgivo iiiiiU II'' am ; m. inv un\s ti> »'\ 1'.'M<>iii;u!{>iis iily (''aihci, othrrwisio I am |u;i».iMiii'Iv, ii y (Inir \vi|i' iiinl « liilditii, to piay earn- cmIv ior rt'|u'iit;iiu-i,' .tixl loriiivcncss lor them as well as your- 8(>lvt.'>. Mind liio Lord and liu will lu-rp you upon that hua- vt'iily iiiid .stiaiL'ht P'lth \vhi( h IimiIuiIi to tli\n, I hliallyet sieo Uoirs face in mercy. JAMES SUITER, Senr, (Signed,; Quebec Goal, April 4 1831. ar MIS Ihe \vo I or ni Last declaration of James Suiter, Jun. I do hereby solemnly derlarc as 1 have to answer God at tho Great day of Jud>;nient, that on the morning of the 6th Dec. hist, my l]rother William called at my shanty and told mo that lie was poiii|; after his father, w ho had goru to the clearance iu dispute between Livinjr Lane, and asked me to accompany him, that I did so immediately, but wc did not come up with him till he had entered the isaid clearance — That my Father did not call on mo in parsing — that a warm dispute or high words passed between my Father and I/?>oe, , MvT^Uher mentioned that he ha}>ials?';pji)vS<»si*n:of fhfcla*il(J;*wliTch he was con* scions of r'l^ht IJHongefl, and^f* wJ.ich^hpthn'):} '.been in posses- sion for ttiK'ff\ntl:y.hitU'yeftr«,*aii(i frftbi -.ulHcb Jio had taken two crops, ''JLtiVA^i'irntionealbdi tliVland was his, and that he uasdeicnniiied to ke(>p possession of it. Lane, after we had beou about half an hour or three quarters of an bvur on the iiMHiMiiMMiUliiMiMiiiMlilM ■f 24 cif tiifliic^, steppiiig forw arc! and placing his leA foot on the Fogs* whicli had bcon pih^d threw deep for the conimencpnient of a lo<: hoiiso, i\ni\ look wildly or aiijriily ut my failier, whihi he lu'M ill liis ritiht hand an HXf. 1 tlieii [XTCPivfd my father dr.iw biifU a-i il \o avoid a h!ow aimed ai him, and at liial mo- jiit.iit 1 saw VVihiam (ire lh« giiii which shot Lane, that I ve- rily believe as I am about to die, William had no iutenlioiii whatever of tiiking La»ie*s life, but (»nly of woimding him, so as. to prevent him hurtins my father — that I myself had no malice ill liiy heart aaaiiist Lane, and that I never pr nieditited the uoiiiji him an injury, that I acknowledge we all bad a fair ard very impartial trial — that I believe both Judge and Jury acted accorJiiig to conscience, and I admit the justice of my sentence. I liuncnt exceediiijriy that I have been a great sinner a> d have lOi) frequently ue^'lected hiy religious duties, parlic. iarly that ofpiiiyer to a throne of Grace : and 1 hope and trust my un- J h< ppy fate will ce a warning to others, especially to the young, and induce them to mr.ke " celestial wisdom their early only ; ■ choice." I freely forgive all who have injured me or wished !:' inu ill, and I pray Ironi my heart that God may also forgive if I lliem. If i die in peace with all men — I sincerely thank the Clergy, ;:t: the Slieriif, the Gaoler, &c. for their great kindness and atten- tion to me and particularly to Mr. Aylwin for rendering every f il ai^-uiaiice in his power as our Counsel. jM •• rStiw ill mi!!e innocence I trust ill *' 1 bow before thee in the dust, <:|j|i ** And through n)y Saviour's blood alone itellil *!■ StiiJj'iJS ill:: f m *' I look for mercy at thy th ( iSiiiiiei J.; it rone. AMES SU1TF.R, mm Junr Pj^ Vr: Gaol, 4th Aa-"' ^"'J*- ^:.Nfw mu.: :iil ij ^-J!?iZ^^^■«5■:i^^.;:;^^,,.,.l3M^«l|| iJifiiiflSSsiiS,'™ . w SL: fira Of 1o Oanaa, ■Uorrf ntfo onds fC, 3M>mi| "^aae , on St. 'Ontario If"