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 nUlMS 12H GEfrS. 
 
 
 '%: 
 
 i unjuar hanging of prmsoners at ? 
 
 5 q*:li,evjlle, c. w., trial for > 
 
 ^ U^RDEk .AND PR0PF5 OF ' i 
 
 5 THEIR INNOCENCE. ^ 
 
 I 4 4^!l^iii REPORT (W ALL' TBE FACTS. i 
 
 i P«r|ii.^if^, »?. H. E, E|. (Pormerly Reporter to thf Pr«i8.) | 
 
 i FOJ^ PUBLIC INFOHMATION, | 
 
 j; >l«if to cart foft\$jmpj^hp for the. Orphans^ ? 
 
 |: f* For tkem no more the blazing hearth sbajl buro, \ 
 
 'x " Or bwy hou*e--.vif6 ply hoy eyeniog o»r« } < 
 
 <, ** Nor children ru." to lisp their sire'a reln^n. $ 
 
 > <* Or climb hie knee^ the envlea kieeto share.'** | 
 
 I • (El^y. in a Country Church-](|llfd.) | 
 
 PRINTED it L. P. NOBliAirj)^ 
 
 69, De»|p|w6» Street, St. Roph. 
 
 -,-'♦ 
 
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 i H : 
 
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 i •» i- -t 1 
 
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 riii >( c lr'j<> M»-'.) ftiii l/inranrtVQv 
 
 PREFACE. .V; /r^"'""'^ 
 
 ' -i 
 
 
 Tanarla h;js just wlrnossod the dl.tso- ! It 1m str;inj,'(» t!nf M«'inl.f»r«i of Mte 
 liitioii of li»>r Parlianiont. We have un-' last Ministry, ihoii^h now in opprisirioii 
 d«'rt;oin» the excilcineut of a Cleucral har« not y;iven us ariv account of tht-ir 
 l.iiM-tinn. , jipast or pres»'iit vitws rogarJiug th-j 
 
 'JVo parties viz: the Miiiistr^^ and Aylward Execution. Our Itadiiuj *tn 
 the Opposition, who have differed on I /*:«»(•« in office and o»r of ofliee aro 
 many issues in the last Parliam-jut are '■ wonderfuHv united in the Silence ! ! 
 
 cunteuuing with each other fur the right 
 to rulp us. 
 
 Some lion. Members of the late Mi- 
 nistry have enliHted under the banner 
 of the (ipiioHition. 
 
 What new arrangement j'lny take; 
 place — whether or not a third party | 
 may rise to power — these are problems I 
 that can not be solved. | 
 
 Dut wo addresd ouraelvcs to a class 1 
 
 With the exception of lion. Mr. 
 Alleyn, Mossr.n. Huot, Fer;jiiMOfi and 
 O'Connor, nr» comtuiseration w:i(* ex- 
 pressed by Meuiliers in the house when 
 the Aylward trial was nientiooed. 
 
 These are the only exceptions : thei>H 
 ,(;cntlem«n ac(|uitted themselves rredUit- 
 bly. Our Oratrirs in ofliee and out ot- 
 lice are dumb on the Aylward Ca8e. 
 
 Now, the Public tlesire an ex plana- 
 
 more iaipottaut than any political i tion of this singular silence. The fat « 
 jiarty. We are addressing ourselves to!|of the Aylwards awoke pity and legret 
 'VWVl PKOIMjK Op CANADA. jin millions of persons — in every clasn 
 
 One pfiint came up for discussion in iland creed, 
 tho last session of the Jlouse : yet it re- ij It is a Gross Blunder to say that Ihi^ 
 mains unexplained. And yet we be- ;i sympathy is a ^>a/7y t/y. No.- — It was 4 
 
 licve that no other point has siuco that 
 jteriod created so much interest outside 
 the house. AVe allude to the fate ofj 
 the unfortunate Aylwards ! ! j 
 
 feeling of Humanity — proved Ly faot-j. 
 For the loudest in expressing this 
 just sympathy were persons whose reli- 
 gious opinions ditlered frotn those oi 
 
 Had they been murderers of the decp-i| the Aylwardf. 
 est dye still their helpless little children It is true that THE PRESiS so ofieti 
 — th'ir three hel|)!c»s orphans, thrown il the faithful advocat<i ul the poor and 
 on iiie world without ''ny means of ! oppressed^ — ^iu many iUi-tauces, was tiuu 
 support claim public sympathy — the Go- 'j to this cause. ., , _^ , ....-? „t,.. .• 
 
 veniment it appears refuses any in 
 
 tins matter . 
 
 We may mention as liotiourable ex- 
 e.nnlcs. — The Dailj 's\ws, The Chro- 
 
'idtels, Caurrier du Canada and lome 
 Mimtreal Jommali. 
 
 GorerameBt, it is trae» MDt a Return 
 to M AddreM from the Legislative 
 Afsembl/ asking for all Notes and pa- 
 pers connected witb ibis ExecuUon. 
 
 This printed Return contains the Evi- 
 dence at the trial and the Petitions sent 
 to GeTernment. But we do not find in 
 it the addresses of the Judge or that of 
 the Coroner, nor those of the Lawyers. 
 Other facts distinct from the trial, but 
 throwing much light on the subject 
 are omitted. 
 
 Now we intend to gire in this pam- 
 phlet not onlj the Goyernmeiit State- 
 ment of the trial but likewise all lead- 
 ings facts which were made known 
 eiUier before or since the Execution. 
 
 Nations and Individuals resemble 
 each other in most cases. If a neighbour 
 is injured we naturallj sympathise with 
 the party aggrieved, we will only sup- 
 pose that an injury has been inflicted, 
 if it be only by general report — still' 
 humanity— our own interest — prompts 
 US to know the facts. 
 
 And if we find that no Injury has 
 been done we will observe noninter* 
 vention — if the contrary we shovld 
 peaceably seek legal and constitutional 
 redress. 
 
 Peace and good will will then be 
 promoted by this publication. 
 
 We trust tbat those who were wrong 
 will repent and amend, then all parties 
 will be satisfied. 
 
 Revolution we abhor — we are loyal 
 to the Queen and the constitution of 
 Cauda. But no Canadian Minister has 
 any authority to infringe on the rights 
 
 of that clai$ of pitr$(m$ loho are ouUide 
 the houte. 
 
 Tbe PiV^bts of her Majesty's ^ubjirct.i 
 are concerned even when the opprcMed 
 iedivtduahi belong to the loivest Mni 
 humblest class. Ail arc interested in 
 the RIGHTS OF THE POOR WHO 
 ARE OUTSIDE THE HOUSE. 
 
 Peaceably then we present our Pu- 
 blication premising the foUuwing obaei- 
 vations. 1st. We do not mean Jirectty 
 or indirectly to censure the Governor 
 General. So long as he is the Lieutenant 
 of her Majesty in Canada be is entitled 
 to our respect. Znd, We do not aim 
 at overthrowing the present Government. 
 Our bumble influence could not affect 
 their position. But sdmitting as we du 
 the ability of Ministers in many 
 well known matters since the Premier 
 took ofiice nevertheless we do say that a 
 Gross Blunder hss been committed in 
 the treatment the Aylwards received — 
 we will give it no harder name than a 
 Gross Blunder ! f I 
 
 Repentance, Amendment and Resti- 
 tution will he the duty of the Ministers 
 who dictated such a policy. 
 
 We will just glance at it. 
 
 Ay 1 ward and his wife were tried be- 
 fore the Court ef Queen's Bench, at 
 Belleville, C. W. towards the end of 
 October 1862. 
 
 They were found guilty of tbe murder 
 of WiHiam Munro. But the Jury in that 
 verdict strongly recommended them tv 
 mercy. 
 
 Tbe Judge sentenced them to be 
 banged on the 8tb Dee. following : 
 
 Immediately several petitions, nume- 
 rously and respectably signed by Pro- 
 testants as well as by Catholics wers 
 
 fi 
 
 sent to 
 cil. 
 
 Thes 
 of the f 
 On tl 
 quarrel 
 remote 
 interfer 
 ed woul 
 less cbi 
 the brcfl 
 means 
 grounds. 
 No n 
 Govemt 
 tions. 
 
 Lastly 
 
 of the oc 
 
 ment thi 
 
 absolutel 
 
 preparati 
 
 Buttfa 
 
 wards tot 
 
 Since 
 
 Sollicitoi 
 
 the Ayln 
 
 Bench. IV 
 
 out Csni 
 
 that disti 
 
 tion for 
 
 wards — r 
 
 Solicitor 
 
 lieu of H( 
 
 be Judge 
 
 Strang 
 
 fully res 
 
 the follov 
 
 case iosti 
 
 There 
 
 in the Ar 
 
 We 
 enend i'' 
 
•<r ovUide 
 
 I iiubjeCta 
 
 oppreMed 
 IV est »nJ 
 rested id 
 R WHO 
 USE. 
 
 our Pu- 
 ng obaoi- 
 \n Jirectif 
 Governor 
 lieutenant 
 in entitled 
 not aim 
 >Ternment. 
 not affect 
 g as we (lu 
 in nianj 
 e Premier 
 
 saj that a 
 nniitted in 
 received — 
 ne ikan a 
 
 md Rcsti- 
 Miuisterd 
 
 tried be- 
 13cnch, at 
 ihe eod of 
 
 the murder 
 ury in that 
 *d them t(f 
 
 em to be 
 nng : 
 
 ioDS, nume- 
 d by Pro 
 lolics wer9 
 
 fi 
 
 sent to the GoTcrnor General in Coun- 
 cil. 
 
 These petitions asked that the lives 
 of the prisoners would be spared, viz : 
 
 On the grounds that the affray was a 
 quarrel rnernly. Thnt it occured in a 
 remote settlement whore no police could 
 interfere. That the prisoners if execut- 
 ed would leave behind them three help- 
 less children, one cf them a babe at 
 the breast — tliat these would have no 
 means of support — besides other 
 grounds. 
 
 No mercy could he obtained from 
 Government though thty read the peti- 
 tiont. 
 
 Lastly the R. C. clergyman, pastor 
 of the convicts cert'Hed to the Govern' 
 ment that he believed a month's delay 
 absolutely necessary for their spiritual 
 preparation for Eternity. 
 
 But the delay was refused. The Ayl- 
 wards were hanged on the %th Dec. 
 
 Since then Hon. Mr. Wibon who as 
 Sollicitor-Genoral for C. W. prosecuted 
 the Aylwards has been raised to the 
 Bench. Mr. Wallbridgc famous through- 
 out Canada as being the only man in 
 that diatrict who refased to sign a pcti* 
 tion for some mercy towards the Ajrl- 
 warJs — r^id Mr. Wallbridge is now 
 Solioitor General for Upper Caaada ia 
 lieu of Hoa. Mr. Wilson, promoted to 
 be Judge. 
 
 Strangers and those who have lot 
 fully read this oocurrence will find 
 the following Memoir on (he Aylward 
 ease inftructive. 
 
 There it nething more extraordioary 
 in tke Annals of Law and Justice. 
 
 We however who are alive can 
 an«nd i*"* ip^rf Vy t.'. " r.:<ur'. 
 
 We sincerely hope that the People of 
 Canada will peacefully and strenuously 
 oppose Aylward Executions for the fu- 
 ture. 
 
 We trust that this little publication 
 may help to iacr^iasc the fund for the 
 Aylward orphans, viz : 
 
 It may as we hope direct the atten- 
 tion of good citizens to their undeserved 
 fate. For however violent they may 
 have appeared — taking their conduct in 
 the worst light that reason permits — they 
 did not deserve the death they under- 
 went. — [Note.] 
 
 As a friendly warning we will glance 
 at dangers that may be avoided bj those 
 who have the ta4c of Legislating for 
 Canada. 
 
 Report had it that eertain atatesmen 
 at one period Members of the Ezeen- 
 tiye Council ware strongly addicted to 
 strong liquors. 
 
 Sots he they who thry may make 
 silly statesmen. Drunkards are Disoi- 
 ters in any Ministry. 
 
 IVo give more credit to the opinion 
 tftiat some unhappy Blunder at first gave 
 foundation to this long series of Blun- 
 ders. 
 
 In fact BItMders are apparent on eve- 
 ry stage of the proceedings. 
 
 We believe tbat no man of feel- 
 ing will read these pages with anger 
 towards us. What man who has children 
 can be insensible to the associations 
 that, anse in parents torn from their off- 
 spring — in little ones torn from them. 
 Cold and daik must be the heart that 
 withboids syn»p»t;hj £rom such scenes. 
 
 In one smss The Aylwards were for- 
 tw»ate. They died amidat .the consola- 
 
 t.'i(C;i >: 
 
 c r*^. 
 
 •'*n 
 
R'vd. Mr. lirciioan. thwir pastor tcsli- !I Stu li h-pislators ini;^ht j.crliaps i7»ti;/t? 
 fies ibiit in Wii '• &frmoi»," %vliich we ,: Irom tli»>ir <lay ilrouiuH or fuul the stat 
 ^ivc l.crc. .■-..- \'"J' (t'urenitiirut rrnuiVud /or (t time, ti. 
 
 In tliat «lre;nl hour tlicv wi'tt; cliocrcl ' '/t«^ Ptuvimial Lunatic Asufuni «. 
 by a I'aiih whicli no power on caitli '''""i"^'^ 
 ran suhvcrt. ■, Wij-liiujr pt'acc and jironpe'rity to ('a 
 
 III union wiili so many ChrMians injuatla we clusc. 
 
 every »^c, *h«'y «lied in peace forgiving j ^ ^ ^ _ 
 
 iheir jierseoutors. They were denieil I 
 
 mercy by tlicir llnlerB bore. Jlut tbey | Tbc following List contains ibt- Niiin.;i 
 
 knew (anil the Public knew) that ibcij of the MinisierH who by tbeir vote ii 
 
 ! tbc Executive Cimnci! concurred in tb.: 
 Uunsin}' of the Aylwards ; 
 
 I Atty. Cen. W. Hon. John Sandfiebi 
 I Mrl)nnald, Alfy. (icu. K. Hon. * L. V 
 I Sicotle, tjol. (ren. W. * Hon. A. Wilson 
 'fcjol. Geu. K. * Hun. .1. Abliotr, Cow 
 Crown l«and», Hon. \Vm. .McDougal' 
 Com. I'. Works, * Hon. U. J. Tess'ier 
 P. Sec, * Hon. J. O. Bureau, l*ost 
 Gen.* Hon. M. H. Foley, M. of I'i 
 nance, Hon. Wm. Pcarce Howland, P. 
 of Council, * Hon. T. D. McGoe, R 
 Gen. * Hon. Jamea Morris, Agricul- 
 I turc, * Hon. F. Kvanturel. 
 
 Merciful Kuler of all will judge diife- 
 rently. With these Ohristinn nentimcnts 
 thf Ayfirnrds met death in peace. We 
 can forgive others though we deteat their 
 principles. 
 
 Some members of the Ministry which 
 approved of hanging the Aylwanls have 
 now held the Keins of Government more 
 than 12 montlis. • -i. . - . 
 
 We do not deny that the abilify and 
 intngrity of these Gentlemen is murh 
 extolled. But in this ease we look for 
 Wisdom in vain. j! 
 
 Perhaps this humble publication w:rit- i; * Since the Aylward Execution after 
 ten without animosity — may serve them '< the vote of non confidence in the above 
 
 as a fiiendly warning. 
 
 Canadian Ministers no doubt under- 
 take heavy responsibilities. But the 
 people arc heavily taxed and pay lar^e 
 salaries to Ministers. 
 
 •f^ Socrates wc are told replied to his 
 accusers by maiotainiug his right to 
 public maintenance in consideration of 
 the service he bad done to Athens. 
 
 Canadian statesmen who will Blunder 
 with human life — ^Those who would obsti- 
 nately force an unpopular policy — might 
 find in one reupeet indeed the fulfillment 
 of the wish exprebocd by the Athenian 
 Mge. 
 
 Marv Ayi.ward. 
 
 Ministry the Gentlemen whose namc« 
 arc marked with a star have led the 
 Government, Hon. Mr. Wilson having 
 been promoted to be Judge. v: . 
 
 Tried before Chief Justice Draper. 
 Tub Queen 
 
 vs. 
 
 Indictment for 
 
 the Murder of 
 
 William Mnnro, 
 
 Richard Aylward ]^at the township of 
 
 and 
 
 MontcuijUf on thr 
 I6th May, 1862. 
 
 \st. Alexander Munro, sworn. 
 --1 liv^ on the town- line between 
 ! Monteagic «nd Wicklow, and h.ive 
 : lived tlicre since the 16th May, 166 J. 
 
 p. 
 
 I rose J 
 neur 
 shoulc 
 threw 
 He st« 
 mo in 
 or. F 
 ward. 
 
laps tinukf 
 
 IK I the ,uiit 
 
 <i tiiiic, ti. 
 
 l^y/«ni If. 
 
 :ritv to Ca 
 
 s lilt' Niunfii 
 heir votf ii. 
 uri'ud in tli- 
 
 ui Sandfit'l<i 
 Ion. * L. V 
 I. A. Wilrion 
 bliotr, Cotu 
 AlcDougal^ 
 . J. Tes!»ici 
 ureaii, I'osl 
 y, M. of I'i 
 Uowland, P. 
 . Mcnte, R 
 rris, Agricul- 
 
 lecution after 
 
 ill the above 
 
 ^vho8e namcis 
 
 have led the 
 
 V'ilaoa having 
 
 lice Draper. 
 
 Indicfmrint for 
 Murder of 
 illiam Munro, 
 the township nj 
 mleuglef o» th<'. 
 th Mai/, 1862. 
 
 UNRO, sworn. 
 line between 
 )w, and h.ive 
 th May, 166 J. 
 
 il 
 
 'i li" |>iis«»riprs I iimc two iin>ri1li.s Iiilcr w;i-» loiirlod wnii nit. end ; 20 pfcrs 
 to liv«' on flic o|i})MMt«« .vidf ol tin: were tiikcii out of mo. As wc wir© 
 roiid. Tilt' dv V ri»>t'»l is mv t'.iilifr. We Jioinji to llic \\r.U\. d. fca.s« d .^«id U> 
 \\v\M on pKid teiins with the |iriMiii-; priM>a» r Ivitiliiird, he did not luiiid his 
 frs when ihcy tir^t ( unn*. 'i liere|l>hooling hi.s hens, if in Iok win at, it 
 wore, after a while, a few little dilFer- he tlid not take them JiWu) with hiin, 
 t'lici's tif>twefMi ii>. I ne\er heard (he When I rose with the pistol, I saw 
 pri^oiics lomplaiii of our f.iwi.s be- j the pristiner Mary about 11 or \% 
 fore the ICtli May last. On lh.it day,;! yards away, at the place where I Idt. 
 auoiit 4 r. M., I and deceased heard j |)ristMier liirhard and deceased . ■<euni- 
 a shot, apparently f»red on prisoner.**'! ing for the gun. { did not then sets 
 lot. VVv went iiouie, ai;d nit>ther said 'deceased, nor did I see her until 1 
 mie of our hens waa missing. Deceas- turned, having pieked up the pistol, 
 ed and I went over. Fri.soner lliehard ; I could not cav whether she had any 
 
 It ■' • 
 
 I thing in her hand ; I was frightened. 
 
 ^a d he would not till he got the hen.! .\fter I got into the liouiie, deceased 
 
 Prisoner lliehard was .standing inside, 
 at his own door ; he .said he did not 
 shttot the lien, but he wished he had. 
 Deeea.std .said, [lerhaps they're on 
 now ; and prisoner Richard took a 
 gun, and we all three went into hi.s 
 Jield. We went west. J'risoner's 
 liuusfi fronts (othesoulli ; o|i the west 
 i.< a gable eml. The Geld was\ I think, 
 ,^own with wheat. Then jMisoner Ui- 
 chanl turiied, with the gim towards 
 jU eca.sed, ixwA dceeu.<>.ed caught hold 
 of it. 'J'hey were close l»)geiher, the 
 niuxzleof the gun towards deceased. 
 Fti'iOiicr Elifliard took a nis<o| out uf 
 1)1$ pocket with his right liMnd. De- 
 ireased knockeii it uut of his hand, 
 and tuld me (o get it> 1 a.sked where 
 it was. Deceased ^dd it was behind 
 me. 1 went for it, found it, and rose 
 with it in my hand. It was 11 ur 12 
 yards from where deceased struck it 
 from prisoner Bichard's hand. Whan 
 I rose, prisoner Richard Wits standing 
 near me with the SL<^\\ to his left 
 shoulder, pointed towards me. I 
 threw myself at Ins feet, on my knees. 
 He stepped back and fned, and hit 
 mo in my back, over the left should- 
 er. I was on my knees, leaning fur 
 
 cunie in ; he was cut on the left sid>^ 
 of the head and in the arms; he w.u; 
 bleed.ng much. The cut was abovt; 
 the left elbow. He had no coat on ; 
 was in his shirt-sleeves. Deceased 
 never went out of (he house again, 
 and he died in 11 or 12 days. 
 
 Cross cxamifU'd. — This place of 
 prisoners' is not on tlic Hiistiii^s Road. 
 It is on u roail that iTosse.s (he Ila&l 
 ings Road. They had a clearing, anl 
 .some wheat sown thai spring, 1 be- 
 lieve, not long sown before this oc 
 currenoe. Our two houses are aboi)! 
 2^ acres apart. Oqr house ii» to tin* 
 west of theirs. Our hens vvere over 
 tn prisoners' wheat. Deceased and i 
 went to prisoners' hou.se. Deoeascil 
 was angry at prisoner Richiud shoot- 
 ing at liifi) hens ipore than 1 was. 1 
 saw prisoner Mary m the house, an! 
 her children — two were running u- 
 bout, and there was a baby. We d. ! 
 not enter the house. Deceased Ji l 
 not ask me to go with him ; I wei.^ 
 of my own accord. I followed a litt! 
 after deceased, not directly wiiii hi::. 
 The first I heard was prif«oner 11 
 chard saying to deceased, "Go awj\,' 
 and deceased replied, " Not till I. 
 
 ward. Iran home directiv. The p:un| could {^et the hen, or know wi :.t 
 
 • *-« i| 
 
 -«.. ^ ■.^■^^ 
 
lind been ilone with it." Prisoner 
 Richii'd denied shooting the hen, but 
 «aid hf: wished he had. Deceased 
 6aid| " Perhaps they're on now.'' 
 Then prisoner liichard look *he gun. 
 I did not see him put any thing in it. 
 We then walked abreast to the wheat- 
 field. Prisoner UithHrd wa.^ on de- 
 ceased right hand, and he had the 
 gun in his own ri};ht hand. We \»ent 
 iib«>ul I^ or 2 acres. 1 ^saw prisoner 
 lurn with the gun. I did not see de- 
 ceased first try to get hold of it. Pri- 
 soner had not the gun up to his shoul- 
 der. I did not see him try to pull the 
 trigger. Then deciased seized the 
 gun. Tliey tussJed and wrestled. De- 
 cea.sed was the olde$;t and strongest, 
 I think. I did not .see either of them 
 lall. I did not ;:ee deceased seize hold 
 of prisoner Richard, but he tried to 
 take the gun from bim. I did not in- 
 terfere. I was 8 or 10 feet from them. 
 I don't know whetlier tfae gun was 
 cocked. { believed deceased life was 
 in danger. Prisoner Richard got tfae 
 gun at last Prisoner Richard was 
 drawing back, and deceased kept hold 
 of the gUB, following him. I never 
 «aid to anybody that deceased had 
 threatened prisoners. Prisoner Ri- 
 -chard took a pistol from his pocket 
 with his right hand, holding on to the 
 gun with his lefl. Deceased kicked 
 the pistol out of prisoner Richard's 
 band. It was is his right trowscr 
 pocket. A double-barrelled rifle pis- 
 tol, the barrel 4 or 5 inches long. I 
 ran for the pistol, and picked it up ; 
 and as I rose, prisoner Richard was 
 about 3 feet from m6, right before me. 
 I had turned round, with the pistol 
 in my hand. Prisoner Richard then 
 stepped back. I threw myself at his 
 feet before he stepped back. I did 
 not /»-•-'' h'*' ^'?!:r;. rrrr try to. 
 
 I stopped a little forward. I wa.s not 
 looking at him. When he fired he 
 had the gun right on my hark, — 
 resting on my •^ack — and he lir»;d. 
 I had no vest on ; I w.is in my .shirt- 
 sleeves. When deceased came in, I 
 did not tell him I WHKshot. The <loc- 
 tor came some days after deceased 
 was wounded. 1 never heard deceas- 
 ed say it was his own fault — that 
 these people ought not (o he pro.se- 
 cuted. The coroner came a few day^" 
 after my father's death. I cannot ex- 
 actly .say how many days after ; de- 
 ceased had not long been buried 
 Prisoners were in their own house 
 when deceased died. They did not 
 leave the country. My mother is liv- 
 ing ; not here. I had not been on 
 very good terms with prisoners. We 
 passed one another without speaking. 
 I never played tricks with them, nor 
 with a spring that was near. I did 
 not speak to them when I and de- 
 ceaseil went over to prisoners. I car- 
 ried the pistol home, it was not cock- 
 ed then. I never pointed it at priso- 
 ner. I never fired it. f know it wa.s 
 loaded ; there was something in it ; 
 it was capped. 
 
 2nd. Mast Ann Macrak, sworn. 
 — 1 live just a lot from the prisoners, 
 in another township. I remember de- 
 ceased being injured. The prisoners 
 were at my place the week before 
 •diat with a scythe. They were grind- 
 ing it. One of my children asked 
 prisoner Richard whether he was 
 going haying. He replied, yes ; he 
 was going haying. There was no 
 grass then.. Tliere was a little snow 
 still left. Prisoner Mary did not speak. 
 She turned the grindstone, and he 
 ground. I think they said it was 
 Munro's scythe. I did not see tho 
 scythe again until the inquest. Pri- 
 ll :»i.-.r? ..i.K . *" ?•:• h"""" tl»e day de- 
 
 er ajied V 
 
 and load 
 
 H" had 
 
 had cut I 
 
 that Ric 
 
 hei, 'S*^ 
 
 She sai( 
 
 s ythe. 
 
 atid .sjiov 
 
 eiltje of I 
 
 till' blooc 
 
 ii> him, n 
 
 cap on 
 
 in and to 
 
 and thev 
 
 was, I th 
 
 It had a ] 
 
 eii this oi 
 
 Munro's 
 
 him lymj 
 
 I all over ( 
 
 I of blood i 
 
 across til 
 
 I which bl 
 
 ' arm was 
 
 spoke th< 
 
 ' I went th 
 
 he said i 
 
 would li 
 
 died on tl 
 
 lie was h 
 
 after, till 
 
 jon the 11 
 
 ! From the 
 
 ways told 
 
 from that 
 
 his expe< 
 
 spoke of I 
 
 lie, but hi 
 
 of how h« 
 
 garet Mui 
 
 saction to 
 
 Cross-e: 
 
 iiis last w 
 
 ijave bei 
 
 his counti 
 
 XT place 
 
 ^ 
 
 ■■> _>»f«i. *m 
 
I was not 
 I find he 
 ■ bark, — 
 1 he firrd. 
 my shirt- 
 cuinc in, I 
 The (l.)c- 
 deccMscii 
 rd dcceas- 
 ault— «hnt 
 be |>rosi»- 
 1 few Hays 
 cannot ex- 
 after; de- 
 •n buried 
 own house 
 iY did not 
 ►thcr is liv- 
 t been on 
 oners. Wc 
 t speaking, 
 them, nor 
 jar. I did 
 I and de- 
 lers. I car- 
 s not cock- 
 it at priso- 
 low it wasi 
 hing in it ; 
 
 ir 
 
 lAB, sworn, 
 prisoners, 
 lember de- 
 e prisoners 
 eek before 
 irere grind- 
 Iren asked 
 he was 
 d, yes; he 
 re W&6 no 
 little snow 
 i not speak. 
 16, and he 
 lid it was 
 lot see tho 
 uest. Pri- 
 t1i« dav de- 
 
 trailed was Inrt. She li;u! (h<; gi:n. 
 Hnd loaded it at the end of our i»ta!de. 
 If' had the ^cytlip. She said, she 
 Ititd cut the head otf the old man, and 
 thut RichHrd had 5.hot AWcU. I told 
 her, ** Surely that wasn't the trulh.'* 
 She 8aid it v as, nnd sthowed me the 
 s ythe. She held the ed^e up to me, 
 jiiid showed mp the blood on it. The 
 pjj/e of the srythe was turned where 
 thf blood wjis. Slia jjave the scythe 
 to him^ nnd t(H>k the gun and put a 
 cap on it ; and thtn my boy came 
 in and told her to f;o out of the house, 
 and they went away. The scytlic 
 was, 1 think, the one they had ground; 
 It li;id a piece off the point. 1 observ- 
 cii this on both occasions. 1 went to 
 Munro's about 4 o'clock. I found 
 him lymgon the floor, fainted ; blood 
 i iill over the floor, and part half full 
 t of blood and water. He had a cut 
 across the top of bis head, from 
 J which blood was flowing, and his 
 ; arm was cut. He did not speak. He 
 spoke the third day afler that, when 
 '' I went there. Two days after that, 
 i he said to me he did not think he 
 would live, be was so weak. He 
 died on the tenth or twelfth day after 
 he was hurt. I saw him every day 
 I after, till he died. He was hurt 
 I on the 16th, and died on the 28th. 
 '; From the second conversation, he al- 
 I ways told mc he would not live; 
 from that time he always expressed 
 his expectation of dying ; always 
 spoke of himself as a man about to 
 lie, but he did not give any account 
 of how he was inj-ured. I saw Mar- 
 garet Munro the same day the tran- 
 saction took place. 
 
 Cross-examined. — We came out 
 
 his last winter from Lower Canada. 
 
 have been upwards of 22 years in 
 
 iiis country. The prisoners came to 
 
 «ir place after dinner. Our houses 
 
 'are a qnarlcr of a inil»> ap.»rl. J hey 
 continued on ilu'i: twn pi<ice afer 
 deceased died. I am no relaium of 
 Munro's. i ncxer hud nii\ ditfereti- 
 ce with prisoners. 1 jji-ier ^aid I 
 would wait in tuwii :t]ui .see ihese 
 people hjingcd, or any thing like it. 
 
 5rd. Isabella Machae, sworn. — 
 I am ditu^htfr oi last wiine.^s, and 
 live with her. 1 kn*jw pris»iur!<. I 
 kt)ow deceas< f), and reiiiember the 
 (hiv he was hint. 1 was in pri.'^oneis 
 hiuise one evening, nut long befote 
 this. I Ik aid prisoner Mary say, in 
 her husband's prc-^encc, she wouM 
 tempt decea.sed ovtr ibeir fence, and 
 she would draw ba( k till she got to 
 her door, and she wt>nld lake a gun 
 or pistol ar.d shout him, and leavo 
 him dead at the door, and then she 
 would go for two men to see how far 
 he had followed her into the door, 
 yard ; that her husband could be a 
 witness for her. hut she c(»ujil not be 
 I for him. I told her to lake care of 
 herself, or something to ihat effect. 
 
 Cross-examined. — We were on 
 gooil terms with the prisoners. I was 
 not at her house, after this conversa- 
 tion, before the fight. 1 iU> no, re- 
 member being in the house after it. 
 I spoke to her on the road. I did not 
 think much of this at tho time. She 
 would talk in this boasting style of 
 what she would do. 
 
 4th. William John.son, sworn. — I 
 live about 100 rod.s Irom Munro's in 
 the same township, since the 27th 
 March last. 1 remember deceased 
 being injured. I saw the prisoners 
 that day, about four in the afternoon. 
 They were coming along the road 
 from their place. IShe had a gun, 
 and he was training a scythe. Sho 
 said, *' William ; Munro's dead. I 
 lifted up the scythe and struck him 
 on the head, atid that would not do, 
 
a;u! I striuk l»im agHin. I did not 
 :nean to hit him on tiie head, I 
 meant to hit }»im on the neck and cut 
 hip fiead off! '' t^he made a gesture 
 nith the gun al my neck, to show 
 me wiiat she meant, I said it was 
 toi bad. She said ^he couM not help 
 duing it. Then they went on- 1 
 iniUnved, and saw them l)nth at 
 J.imev Macrae's, Prisoner lii<:l)ard 
 had the gun, and tfie scythe was on 
 the tahle. James Macrae came in. 
 Prisoner Mary asked him hhimt de- 
 ceased, anti he told her deceased 
 was j)retty badly l>urt, and tl»ey tiid 
 not think he would nvl over it. 
 She replied, " God Almighty increa- 
 se his pain ! Sh<4 spoke Hiostly on 
 these two occasions. He said little : 
 he w^as standing close hy her. 
 
 Cross-examined — I am a relative 
 of Mary Ann Macrae : she is my 
 aunt. Prisoner Mary <litl not i'|:j,ear 
 to be excited. It was about 4 i\ m., 
 about three-quarters of a mile from 
 their place, t was sitting on a log 
 by the road-side when she spoke to 
 me. I was in their house when she 
 was arrested on the Saturday week 
 after deceased gi»t hurt. He was 
 hurt on a Friday. 1 have not teen 
 in the house since. It was the Satur- 
 day after deceas(d died that she was 
 arrested. I stop at my uncles. I have 
 no house of mv own. I never had 
 the slightest trouble with the prisoner 
 Mary. I heard that she got a wari^ant 
 for me, but I never saw it. 
 
 5th. Margaret Glen, sworn. — I 
 live near prisoner, 1^ miles off, in 
 Monteagle. I remember deceased 
 being injured. I met prisoner Mary 
 on the rosid after deceased was hurt 
 and before his death. She was just 
 outside her door. She took hold of 
 my arm and told me to come and see 
 were the fight was to come and see 
 
 the cii; In Mnnro's h it. 1 walked Ji 
 short disfancc and saw the fiat iiiid 
 would not go lur.her. 1 .-aid if would 
 give her a gieat deal of (rouble. Slie 
 saiil it would give her no (i-ituble, 
 that, if it wa.s to do, .she Woidl do it 
 again. Her hu.>hriud w.tsnot pres* ni. 
 
 Cross-examined. -'VUis was* a lew 
 days after the tight. 
 
 G(h. Thfofhilus Goi.der. .swor . 
 — I live on the branch road, U mi es 
 from deceased. After driea.sed Wii-n 
 hurt, I went to prist her.«' house — (he 
 iiiorningthe iut|uesr. washel I, 1 think, 
 or the morning before. I saw the, 
 prisoner Mary. She .said she whs 
 glad " Old haldie " was dead ; that 
 if he was alive she would cut the 
 head off him again, or any person 
 who would do any thing to her. 
 
 Ith. Georoi: Sklby, sworn. — t 
 live 4 or 5 milf s IVom prisoners, f 
 heardof deceased's death. J was at 
 prisoners' house the Sunday after he 
 was buried. Prisoner Mary tohl me 
 decea.sed was in the habit of coming 
 opposite the house, abusing her, and 
 calling her improper n.imes, and that 
 she had given it to him for it now, 
 and she wished she had given hin^ 
 another blow and finish' d him a. 
 once. The prisoner RichanI \\\.-> 
 present. I can't say he heard her. 
 Soon after he brought out the scythe, 
 and said that was the scythe with 
 which she did it. I am not sure she 
 was in the room at that time. Tho 
 scythe blade had no handle then. A 
 few days after the fight, I saw priso- 
 ner Richard. I asked him what it 
 was about. He said it was all about 
 some fowls of Mimro's that came to 
 his wheat. That he had heard decea- 
 sed had used threats against him, andj 
 he was determined to be prepnrcii 
 and that he took the .scythe out of the 
 
 I 
 
 t 
 
 ;'radlt' 
 help si 
 Cm, 
 nearly 
 ■been d 
 ver&ati 
 dcce;is< 
 ■was (hi 
 wit I; he 
 I am n 
 sation \ 
 tijo roa. 
 not say 
 
 Sill. 
 sworn.- 
 miles fn 
 les from 
 <ioc on ) 
 -ched th( 
 10 o'clo 
 An inqu 
 ge incLSi 
 deceaset 
 penetrat 
 the .skul 
 must ha 
 ce, or it 
 the sku 
 thick. Ir 
 in the bi 
 above tli 
 The we 
 through 
 the join 
 hy a slu 
 scythe \ 
 The mjii 
 certainlj 
 
 Oi/i. 
 — I arres 
 of the w 
 deceasec 
 ness an( 
 
1 walkpit J* 
 H' liHt, aiitl 
 iil It Would 
 iMil)U'. She 
 lit ti-«tul>U', 
 
 VoiiM (\o It 
 
 11)1 piest 111. 
 i vvaN M Itw 
 
 DEH. H\Vnr' . 
 
 iiif, U mi es 
 rea>e(l wjis 
 
 h'juse — (he 
 itfl I, I think, 
 
 I saw the 
 titl shp WHS 
 s dend ; lliat 
 ouUl cut the 
 
 any person ' 
 to her. ; 
 
 •, sworn. — 1 1 
 prisoners, f 
 h. 1 w«s at 
 iday aftrr he 
 Mary told me «^ 
 )it of coniiiig ;. 
 iing her, and l 
 mes, and thai j 
 m for it no\v, j 
 id given hin^ ' 
 sh(d him i<- 
 Richard w.s 
 le iieard her. 
 nl the scythp, 
 scythe with 
 not sure she 
 t time. Tho 
 idle then. A 
 , 1 saw priso- 
 him what it; 
 was all about 
 ? that came toj 
 heard decea- 
 ainst him, and 
 be prepared , 
 the out of the 
 
 rradlo, aiid (old \uf> \> no ii lie wanted 
 lielp she was to use liiat. 
 
 Cross -cxnmi/u-d. — I have lived 
 neatly 4 years out then-. I have only 
 .been once at prisoners. 'I iii>s con- 
 versatioii (ook pUice on SuixJay, after 
 
 1^ 
 
 nsoiicr 
 
 iSI.ny 
 
 deceased burie« 
 
 Nvasdicn arrested. Tfie ci)iivtM>ation 
 witl; her was while she wasa prisoner. 
 lam not a constable. The conver- 
 sation with prisj)ner Kichanl was on 
 the road opposite my place. He did 
 not say lie was aiVaid of Munro. 
 
 ^th. Dr. Augustus A. Yt-oMAN.*<, 
 sworn. — J was practisinj; at Madoc(70 
 miles from deceased's place), 100 mi- 
 les from here. We started from Ma- 
 doc on Saturday, 31st May, andrea- 
 .<;hed the neigbourh'.»od of deceased at 
 10 o'clock on the Monday morninf?. 
 An inque.st w^.s held. I found a lar- 
 ffc incised wound on tlio left side of 
 deceased's head, 3| inches lonj^-. It 
 penetrated into the brain, through 
 the skull and membiancs. The hlow 
 must have been given with great for- 
 ce, or it could not have gone through 
 the skull in a part wht^re it is so 
 thick. Inside, I found a large ahsces.s 
 in the brain. There was also a wound 
 above the elbow^ joint oi the left arm. 
 The weapon had gone half way 
 through tUe bone, and had fractured 
 iho joint. The wound was inflicted 
 by a sharp and thin instrument. A j 
 scythe would indict 5uch a wound. ' 
 The mjury on the head must, I think, I 
 certainly have occasioned death. I 
 
 Otfi. William E. D- Edes, swoin. 
 — I arrested both prisoners on Monday j 
 of the week following the funeral of 
 deceased. I went wilii the last wit- 
 ness and arrested them on Monday 
 iTorning, before the ituiuest was ta- 
 ken. Prisotjor Mnvy had been arres- 
 ted tlie precediiig Saturday. I enqui- 
 red (of the scythe. Ov'* of Oi^. ]•:'■ 
 
 soners got it. I then enquired for the 
 gun, and got it ; and a man w ho was 
 silting at the door had the pistol. 1 , 
 took the scythe, and it vvas carried 
 off by some person — I tlon't know 
 who — as I was sto|)ping at a tavern 
 on my way to Belleville ; 1 have not 
 been able to recover it. 
 
 DEFENCE. 
 
 John Rous, sworn. — 1 live on a 
 lot joining the Hastings Road. I 
 knew deceased, and saw him after 
 he wns injured, on the fif(h day af- 
 ter, as near as I understood. I had 
 a conversation with him. He said 
 he felt very bad ; that he did not ex- 
 pect to live. I advised him to have 
 prisoners arrested. I proposed fetch- 
 ing a doctor. lie said, " No ; it 
 was no use." He said he had no 
 business interfering with prisoners : 
 this was in answer to my advisin"' 
 him to have them arrested. 
 
 Cross examiticd. — He was lying 
 in his own shanty, en the west side, 
 on a bed. His son Alexander was in 
 the house, and decciised's wife. I 
 live about 1^ miles from the iious.'. 
 I did not ask deceaseil how he got 
 hurt. I had beard from neighbour.^ 
 what had happened : that deceased 
 had a bit of a qnarrel with the priso- 
 ner Richard, and deceased had got 
 hurt. Deceased did not say he hi.d 
 interfered with ])risoners, and did not 
 tell me what happened. He waa 
 ptetty bad. 
 
 REPLY. 
 
 Alex.wder Mukro, re-called. — I 
 was present when the conversation 
 tv>ok plftce between deceased and 
 John Rou.s. Deceased asked iiim to 
 go for the Indian doctor, and iiutia 
 said he would go the next tnorMit?;; 
 I was there aM tho {' r.^t rJoi;.; v as. J 
 :''ij I) )'. ji'j r i' »u., ij; )\) i\: IImI 
 
 p; .;j IS. 
 
fo 
 
 ceasetl should have prisoners arrested, 
 nor did deceased make nny such ans- 
 wer. The shanty is 18 hy 20 feet. 
 
 Cross-examined. — Rous was there 
 an hour or more. I was not able to 
 stir out of bed. I was onJy 9 or 10 
 led from deceased's bed. 
 
 I declined to receive evidence of 
 \vhat deceased had said respecting 
 the prisoners, or either of them, — 
 not being said \u their presence^ — un- 
 less it could bie sho^yn that the priso- 
 ners were aware of it before the strug- 
 gle tooJk place ; since, whatever it 
 might be, it could not have influen- 
 ced the prisoners' conduct if they 
 were in ignorance of it. 
 
 Verdicjt.— *' Quilty ; " strongly re- 
 commended to mercy. 
 
 Sentence.-r-To be executed on-i 
 JMonday the 8ih December, 18C3. 
 
 (Signed.) 
 
 Wm. H. Draper, 
 
 C. J. C. F. 
 
 Such is a faithful cepy of the Evi- 
 dence given in this Extraordinary 
 trial. Before we proceed to any other 
 documents, let us observe the many 
 flawi and contradictions in the Evi- 
 dence of ,all the witnesses againt the 
 prisoners. 
 
 First see how the chief witness, 
 Alex. Munro, contradicts himself or 
 proves that the afifuir was a quarrel 
 begun by Munro. . .<< 
 
 Alex. Munro swears, *^ Prisoner 
 " Richard told deceased to go away. 
 « — ^Deceased anil he would not till 
 *' he got the Ucu, ^Deceased said I 
 
 !" perhaps t!i<'y'r(? on now, — f*fis<.{)tf 
 j" Richard toul: a gun iuul v.-f, wtui 
 J" all 3 into the lit Id.— We aom W.'' 
 (Cross Ex;;iriiii'jd). — '' Oiir iiounf^ 
 " are about 2\ acres jjpnjt. — Our 
 " house is to the West (W.) of theirs, 
 " — Deceased w^s yijj;iy iu piisonor. 
 " shooting at his heiit> more ihaii I 
 *' was. Prisoner Richard had nut 
 " the gun up to hijs shoulder.— r-I did 
 " not see him pull ithe trigger. — I (l<> 
 " not know if the gun was cocked."' 
 So far we finii from ihe evidtnce of 
 Alexander Mu:)ro; viz : 
 
 That the Munroes ( atlier and son) 
 went of their own atconl to the resi- 
 dence of A yl ward,— That instead of 
 forcing a quarrel Aylward simply 
 said go about your business. 
 
 That the threatening and contempr 
 tuous words used by Munrc were the 
 cause why Aylward Icit his house. 
 We find also; that he (.\ylvvarcl) 
 went out alone leaving his wife and 
 children in the house. We see that 
 the Munroes and Aylward went in 
 the direction of the fieUl in which 
 were the hens that Munro ch;illenged 
 him to kill if he dared. We see that 
 they all 3 went West, viz : towards 
 the house of Munro.— Hence they 
 were about 2 acres from A yl wards 
 house and only ^ an acre fiom Mu Gi- 
 ro's at the moment when the struggle 
 began* 
 
 Lot us return to the Evidence of 
 A. Munro. — He does not say that 
 Aylward had (he gm; u|> to hiy 
 shoulder ! 
 
 
 t4 
 .1 
 
 (i 
 
11 
 
 tt. — Our 
 (if theirs, 
 
 e than I 
 hiul i\ot 
 r.-r-I ilid 
 er. — I (i<> 
 tockeii."' 
 id t nee of 
 
 and son) 
 ( the resi- 
 usiead of 
 rd Minply 
 
 contempr 
 were tlio 
 us house. 
 Aylvvarcl) 
 
 wife and 
 see tlial 
 
 went in 
 
 iu whicli 
 
 challeng-od 
 
 i^e sec that 
 
 : toward:* 
 
 encc they- 
 
 Ayl wards 
 
 jom MuM- 
 
 ie struggle 
 
 vidence of 
 it say that 
 u|» to hiiJ 
 
 '•' Prisoner Richnrd turned with 
 " the sriin towards the dfceascd and 
 •' deceased caught hold of it — Pri- 
 *' soner Richard took a pistol out of 
 •' his pocket with his right hand. De- 
 " ceased knocked it out of his hand 
 " and told me to get it. It was 11 
 " or \2 yards from the place where 
 "• <!ecea«od struck ii out of prisoner's 
 " hand.'' 
 
 N. B. — As to this nexi part of this 
 evidence we defy any man to unders-!Ut 
 tand it. Youny; Munro says he took 
 \ip the pistol and that he then saw 
 Ayhvard point the gun at him. He 
 (A. Munro) states that he irmnediately 
 threw himself on his knees. Cross 
 examined, ho stated that he was not 
 looking at the prisoner when he was! 
 on his knees. — He then told the Court 
 that the prisoner had placed the gun 
 on the back of him A. Munro and 
 then fired. He said that he was 
 shot in the back and that he walked 
 Ijome afterwards, that 20 pieces of cut 
 lead were taken out of his back. How 
 (we ask) could he walk if he receiv- 
 ed so much lead ! 
 
 N. B — A\e\. Munro does not say 
 thfit prisoner took aim after he fell on 
 hi3 knees. — In fact he .says he did 
 not look at the prisoner. 
 
 Is nv)t this charge of aiming to kill, 
 
 " the scythe shown her by prisoners 
 " the day of the quarrel was the one 
 " they had ground." Therefore she 
 saw it again before the inquest. 
 
 Are these ntradictions or not ? 
 
 N. B. — In the following testimony 
 we see points in favour of the Ayl- 
 wards. 
 
 Isabella McRae (Cross examined) 
 says : " I did not think much of this 
 " at the time. She (prisoner) would 
 
 talk in this boasting style of what 
 " she would do.'' 
 
 DEFENCE. 
 
 John Rous, testifies. '* Decieased 
 " said he had no business interfering 
 " with prisoners?. — This was in ans- 
 " wer to my advice to have them ar- 
 " rested." 
 
 As to the words used by the priso- 
 ner Mary they were no doubt violent 
 — hut a woman is excitable — parti- 
 cularly after so terrible a scene. — 
 
 We do not positively know any 
 diing whatever of tha scene between 
 her and Munro. 
 
 Alex. Munro had fled when he saw 
 her at the place of the fight. 
 
 There is no direct, evidence what- 
 ever to show that the prisoner. (Mary) 
 struck with t!ic scythe. Might not 
 
 made agninst Aylward a monstrous I, ^I""''" '»'''^'o ^"'1^" on the scythe— 
 absurdity ! ! || ""^^ '^^^'^ ^"^'7 ^'^^ words of the poor 
 
 Mary Ann McRae swears 1,?/.—" I | frightened woman with regard to the 
 ♦' did not sec the .scythe again /j/^ wound received by Munro. 
 
 " the inqriest. ^dly. Tiiis was I think 
 '* the scythe tlicy IukI ground, viz: 
 " (Mary Ann McRac) thought that 
 
 N. B. Munro's head and arm might 
 have been wounded by one and the 
 same blow. 
 
S !■ 
 
 U 
 
 111 
 
 We jind then accoriiing to the ve- 
 ry words of Alex. Munro himself that 
 it was Munro (deceased, who without 
 any provocation seized Aylward'sgun 
 trying with all his might to get 
 possession of it. Therefore Aylward 
 in struggling for it only acted in self 
 defence. 
 
 And as to the woman however 
 violent she may have been she was 
 bound to defend her husband in any 
 w»v necessary. 
 
 PETITIONS. 
 
 The following Petitions were for- 
 warded to the seat of Government, 
 Quebec, and were received and ac- 
 knowledged in due course at the office 
 of the Provincial Secretary. 
 
 Also a Petition from the phtoe it- 
 self, vi/ : (Hastings road) signed by 
 70 residents — even one from ihe wi- 
 dow and son of the deceased. One 
 uf the [)oints mentioned was the la<'f 
 thai deceased live:! for !2 days « rer 
 the wound and did not gel proper iit- 
 tendance having luui only a quack 
 doctor's aid. 
 
 All the petitions prayed of Go\er::- 
 ment to5pa!e the livcb ot the con- 
 victs — They were receiveil and read 
 in the Executive Council before 
 Doc. 
 
 But 710 mercy unndd he granted. 
 
 To conclude, the Rev. R. C. Pas- 
 tor of the Aylwards with 7 other.- 
 petitioners asked a delay of one 
 month — on the ground t!;at the Avl- 
 
 The 1st. bore date Nov. 11, and|j wards were not fully prepared for 
 was signed by the leading men of I, Eternity. 
 
 every class and creed (with very Tew || h^.^, j. g. McDonald, Atty. Gen. 
 exceptions) residing in that county | w., knew that the delay was asked, 
 
 in which the event occured. It 
 prayed that at least the lives of the 
 prisoners would be spared — on oc- 
 count of their infant orphans, and 
 from the fact that this qnarrel did 
 not occur in a place like a town, 
 where police could interfere. 
 , A similar petition was duly laid 
 before the Gov. General in Coun- 
 cil — this last was signed by Rev. E. 
 B. Lalor, former pastor of the priso- 
 ners also by 150 other persons. 
 
 A thi -d signed by Rev. Mr. Bren- 
 nan and 273 others was, with the 
 other two, l&id before the Governor 
 Generjvl in Couucil 
 
 ! he would give no aid to tlie prayer. 
 His Example Mas followed. — The 
 Aylwards were doomed and exe- 
 cuted ! ! ! 
 
 About throe o'clock on the day of 
 Gxecutictt the bodies of the Aylwards 
 were taken to St. Miciiael's Church, 
 ard placed in the centre aisle. The 
 Church soon filled up, and the Rev. 
 Mr. Brennan commenced the service 
 usual on each occasions. After con- 
 cluding the introductory service he 
 stepped forward from the altar and 
 addressed the large a-'sembly as 
 follows ; — 
 
 IS an 
 
13 
 
 jc {)liioc it- 
 ) signed by 
 rom the wi- 
 lasef}. One 
 f^!> the lacf 
 2 days w rer 
 ()r()j)er al- 
 ly a quack 
 
 I (>( Gover::- 
 L»t tlie con- 
 ed and read 
 icil before 
 
 ■; granted. 
 
 R. C. Pas- 
 til 7 otlier.> 
 ty of one 
 ut the Ayl- 
 icpared for 
 
 Atfy. Gftn. 
 
 was asked, 
 
 the prayer. 
 
 •wed. — The 
 
 I and exe- 
 
 the day of 
 e Aylwards 
 I's Church, 
 aisle. The 
 the Rev. 
 the service 
 After con- 
 service !;e 
 ) altar and 
 setnblv as 
 
 My F^RiKNos. — God in his mercy creatures- Gixl crcaicci him — Grvl 
 
 has left It ia our power, through the, 
 merits < f the Pa&sion of Jesus-Christ, 
 to offer up OLir prayers for the repose 
 
 can end his d:iys, :u)d t" Him lie ntjust 
 give up liis life. 
 
 It is often said tliiU wl'.on juries Jin*. 
 of souls of the li^iihful departed. Noilforaied' such a man is disposed {■% 
 inntter whether they died justly orjicomdemn, and such :i man ilisposed 
 iir;jiistly, the charily of God, and the'lto acciuit. Let thai man reme;n!;er 
 iovc which the Saviour bears to man |l that with what juiU.-.T.cnt l:e measure** 
 teaches us this Important doctrine. It i' out it will be ineted untf? him by Him 
 
 is an article of our faith which no one 
 [):ofessina; the faith of our Saviour! 
 
 who show^ mercy to the jcj' and tit* 
 unjust. I canr.ot but allude to tlie: 
 
 cnn disallow or deny. — It is recorded h manner In which die trial andsenten- 
 by tliS Aj.'OsMe : — " I believe in the^jce of tliis po(t! man niiii woman took 
 Communion of the Saints," and since! place. My friends, aiutther trial took 
 I tie days of tde twelve Apostles, this j place in this town, at tlie sa!n(^ 
 lias been a cardinal doctrine of our ii Assizes, At that trial, a \m:\\ was 
 (Church. — The Aj)ostle tells you that;, arraigned for taking th.e life of another 
 the man who denies any article ofljin his own defc'ise. Under.-iaiul, I 
 that denies the Truth of God — and jam not condemniit;^ rh.at man in 
 those who act in accordance with that j| thought, in woid. or in reason, betan- 
 have the price of salvation. It is this, jjse if that man had been allowed togi> 
 fny friends, which has congregated home in peace, he would not have 
 
 you together to give Christian in- 
 
 killed any one. I only allude to it 
 
 terment to two of your feliow-creatu-!| by way of supposition. You all know 
 ros. There are circumstances con- I under what circum'>tam.os the death 
 I'ected with the death of these poor jj of that man occumd, and it is only 
 creatures which have caused me to from the result of tlie trial that I 
 deviate from my usual course on such speak to you on the subject. One or 
 occasions— I man on such occasions two days intervened before the trial 
 as the burial of the dead. The two came on. During tliose two days, tv> 
 
 whose corpses are before you, I have 
 reason im|)!icity to believe were never 
 guilty of the crims for luhich they 
 (lied (sensation.) That I believe as I 
 believe I am living. I do not say it 
 because this man says one thing, and 
 that man says another thing, but I 
 say it from all the circumstances 
 connected with the matter. — You all 
 know that the Catholic Church con- 
 demns murder, and is always ready 
 to assist in punishing it. Because 
 Goi] has given life. — Let no man sav 
 because this man is a Catholic, or a 
 Protestant, or of no religion, that he 
 is not ei. titled to our compassion and 
 Go(is mercv. He is one olGotl's 
 
 the suprise of some and iidn:iratiou of 
 others, he was allowed to go home 
 without molestation, riohing would 
 have happened. But I regret the 
 death of any one by violence. Such 
 a death oftentimes does not allow a 
 man time to .call on God for mere). 
 After thai trial, my friendr, some 
 persons in this town, who boa.st of 
 their acrjuaintanco ot the law, made 
 use of these (earful words, Ayfu-G--/. 
 and hii' wife qtc djomcd ! ' (setiJ-a- 
 tion). Tlseir lri;.I, lencinoci', <iid not 
 take place un'.il tvo or three i\\iyA 
 after this expression was made us; 
 of. Those persons, whose consciet;- 
 ces are so tfr^er, a- ho c?M t*":T*^erve!5 
 
!IfM!»'rmor, h,i(] ;v) mrrry for ollicrs. 
 T'^cv r>ri'-(>t hat v^ns^eanre he'f>y)fl[eih 
 r.n!'» v/i i«!, anfl Mcro pro; aretl fa take 
 t:'at v('n<jon!;c«> into their own h;tn<Is. 
 The S/iiracity '>f t}io individ'ial whs 
 t^rprisi-'t;, bvA prchsMy it was his 
 rtq'iaintHnce vv: h the law which 
 cnaii)P!! him to penetrnfe into the 
 {"iturp, iin'i !jtt(r 'lirtt tcrrirde e\prps-i 
 *".in, " Ai/fward and fit's viff arp.\ 
 t^oomrd!" Well, my friends, they 
 v/ere doompd (ijrpat sensation and 
 <:"bbin:i) — Now I will briefly allude 
 tr» the Cfiiise and rirctiinstances con- 
 rt'Cted with the trial and cxcution ot 
 rhesf poor creiitiwcs. Aylvvasc! and 
 iiis wii'e were sitting ;it their dinner, 
 '.'.hen the poor nnforti.nate Miinro 
 rr.me to the door, to ask Aylwartl 
 f'.l out some fowl that were on a smali 
 J'eld between the two shanties. 
 Ayhvavd said " I did not kill your 
 hens, n(>r have 1 ony on my premises. 
 J. request you to go home." This 
 frail man still hung around the place, 
 nnf! Ayl'.vard rame out — 'angry worrls 
 took place, and a collision ensued. 
 Ay 1 ward supposd himse f in danger 
 of death, and called to his wife Nvho 
 was in the shanty. She overheard 
 him, and came to the door and taking 
 whatever wcnprn came to her hands, 
 ».he went to rescue her husband from 
 danger. la striking Munro, she did 
 not know, owing to the fright she was 
 in whether she struck her husband or 
 jMunro After living twelve days 
 poor Munro died, and it is the strong 
 impression of a great many, that if he 
 had not been treated by a quack 
 doctor, he would have been alive 
 to-day. Tliere is not on record 
 in Ci'itish law, or in British history, 
 a case where a Man defending; himselt" 
 on his own soil has been condemned 
 to death, because bis house is his 
 
 r.ist.c. incrr ».s nnoui . : A;r"i::iu.Mg 
 Circumstance in her fa\'or — she did 
 ilot repeat the blow. Yon see, my 
 fr ^r\^\*^ how frivolous was the quarrel 
 w!iich led to the terrible result. How 
 easy it might have been arranged 
 without report t(» violence. But it was 
 such small and trivial things that pro- 
 duced all this misfortune and ult.mafe- 
 ly the death of three persons. Time 
 passed away — their trial came on. 
 At that trial they were deprived of 
 resources that would have acquitted 
 them, for there was rebutting testi- 
 mony which might have been obtain- 
 ed. But the length of the journey — 
 the poverty of the poople — and the 
 inclemency of the weather, prevented 
 thorn fr()m obtaining that testimony. 
 'J'his militated against them, and in 
 the most grievous manner, for there 
 was as much sworn against those 
 unfortunate creatures, as would hang 
 all th neople of Belleville. Another 
 serious act occurred at the trial. A 
 jury was empanr.elled, and sat on 
 therr cause, — they heard all the evi- 
 dence and passed a verdict of " Guil- 
 ty.'' It is strange to me how these 
 people could not see in what manner 
 this quarrel took piace ; what was its 
 cause and its origin. Each of them 
 should have weighed well the origin 
 of the quarrel, and what aggravation 
 was given to the Aylwards, before 
 convicting them of murder. Whom 
 the Jury was addressed by, and in 
 what manner, I do not know, because 
 I was not present. I do r.ot wish to 
 lay guilt on any one not deserving it. 
 But, my friends, that verdict recom- 
 molded those prisoners to merc^. 
 As long as you live, my friends, and 
 if I could address th.s whole country, 
 I would beg of you with all the 
 energy I possess, never again commit 
 that mercy you have in your hands 
 
 ttU y«^n| 
 
 live I wj 
 i«iio thel 
 living tj 
 brings 
 Cromwl 
 mitted, 
 t)e!bre 
 You jan 
 \lirougli| 
 Jesus 
 upon thl 
 J believ 
 an mar 
 God wi 
 I say 
 hours t( 
 were se 
 signed I 
 peetubl* 
 
 And, i 
 ihut Gi 
 treat ur< 
 incnth i 
 that pi 
 moiiiU 
 
• •<u. 
 
 'S 
 
 :or — she Hid 
 ^o?i see, my 
 s the quarrel 
 resulf. How 
 pn arranged 
 '. Bur ir was 
 njjs that pro- 
 mt! ult.mafe- 
 lons. Time 
 
 I came oi). 
 rleprived of 
 •e acquitted 
 lifting tesfi- 
 )een obtain- 
 e journey — 
 le — and tho 
 ', prevented 
 
 testimony, 
 em, and in 
 r, for there 
 ainst those 
 kvould hang 
 c. Another 
 ) trial. A 
 nd sat on 
 
 II the evi- 
 of " Giiil- 
 how these 
 lat manner 
 bat was its 
 -h of them 
 the origin 
 s:gravaiion 
 rds, before 
 
 Whom 
 y, and in 
 1^, because 
 :>t wish to 
 serving it. 
 ct recom- 
 mercy. 
 ends, and 
 3 country, 
 all the 
 n commit 
 ur hands 
 
 i5 
 
 tfito the hands of the unvitrcifuL Ijluhd say ihuy suuli-cd i.imueiitly .« 
 till you if I had a ihousawd jfai\> to ! liie dt'>iirii ur p.-cnueditiitiou of a. S't 
 live I would iicvcr toiiiiult iliul iijCicy ilbfiitr ibuuld be i.-oinlt-aiiiei! U) i^icmU 
 i»;!o the haiids uf otiieis. lielutt } Dur I, auiejiii ior Nviiii.u niuUiL-r. Ai^l 1 *.-. 
 livin*'" eyes, you hu". u u scene whiclj ;j iiii|»;)y lu .sa} hoiu :i!l :!ie lirt'iui.-'iiiii- 
 brin'TS lo your laiiids the daya ufj ce^ coiiiietued witi; i.l.e i.lJiwr, c.:hI iuy 
 Cromwell, when such acts weie com- jj »)wn khuw.t Jue of their tm,duct, i/,. -j 
 
 ■ .. t I _.. f.i ».. . * I » ;/<., , <• ii...f .„.- f' 
 
 — - — ■ t 
 
 mitted, and one of these jicts staiuLs 
 l)efore you in thy Church of God. i 
 You jura now called upon^ niy friends,! 
 through the nierits of the Passion ofj 
 Jesus Christ, to implore His ijjtrcy | 
 upon the souis of ihe departed. And 
 
 ivere not ^^ttitty of that irime {..'r 
 whicii they iLis (l*»y liuvc i.uiitiv;<l. 
 
 The followii^g leaer is from ti.e 
 pen of die Venerable rind Kevert.i.!<^ 
 
 J believe from the heroic and Chrisci-HMr. Cazeau of Quc'oec. We irau*- 
 an manner in which they .died, thai | laie it from liie L\,'ioni^uUur 4 
 
 Montri;al. 
 My IJIuAR SiR : — ' •^ ■ 
 
 No one couid I'e mor,e sarj riied 
 
 God will have mercy on tlieir souls. 
 
 \ say it because they had but few 
 
 hours to prepare for death. Petitions 
 
 were sent doyirn to the Goveriiment, 
 
 iiftned by the leading and naost res- ! , , i • , 
 
 pectable men of the country and aip*^'»» ^ ^^'^s^ ^'^ I'tanf.j? tiii>t son.u 
 
 ^avvura.Ue answer >vas anticipated, j ptfisoiis ha\e {placed on my shi>uJ«iA 
 
 And^ a petition was sen* down to'|ie,s l\^^^ responsihiliiy as to iho exc- 
 
 that Government to grant ll^-e r<^orj:^.^^i^^, ^^ ^^^^ Aylwuids, (mi;;. 
 
 creatures a j-eiV/i/e "^-^ ^^'^' ^"^"^"'"^Pund wife 1 '* 
 
 mcnth to prt pare them fur death, but [\ ^, , ,''' , , . ^ 
 
 ikat petition ivas denied. If thati| ^''^ I possessed the influence ^a 
 mouth had been granted ihem, they ji freely attributed to me in this case-- 
 never would have been hanged, for ! most certainly humanit;, — partieula: 
 
 . I * .1.1 l...aB.>^ l%.f-^j-k>i Ill-Ik.-. 11- l^r T j*^ _ ■ I .. 
 
 things would have been brought to 
 light which would ^^ve acquitted 
 them of the murder. And 1 repeat 
 in the most emphatic language 1 can 
 address to you, and I want you all to 
 remember it — never commit into the, 
 hands of men that mercy which they 
 refused. There is no clemency there. 
 In addressing you 1 tell you to show 
 respect to ihosii what signed those 
 petitions — they signed them because 
 they were merciful. God grant them 
 a merciful heaven. To-day, my 
 friends, is the greatest day Aylwaid 
 and his wife have seen on earth, for 
 they have suffered innocently belore 
 God and man (aen&ation). For fear I 
 ma/ be niisu::dertood, I will explain,! 
 
 ly my ciiaracler as a priest wouUv 
 hayo inclined me to mercy — 1 i.I;ui| 
 just give you the lai.ls. 
 
 The 6lh of Decciidjer last, via: 
 3 days before the Execution lixil 
 for the 8th, I received a letter froi'i 
 my Venerable Colleague and friei.'Z 
 Ml". Brennan, Catholic Pastor <cX 
 Belleville, enlreating that I wui.^i 
 use my exertions lor the 2 conviii-,, 
 
 Mgr. the Bishop of Tloa and i" 
 were prepared to visit His E.\ccL- 
 eucy the Governor Geneial. 
 
 But as Mr. Brennan'ti letter dii 
 not cuntain any particulais, ,Li ia 
 
^^■ 
 
 t« 
 
 I immediate!;/ 
 
 tleman who was 
 
 with the Hon. 
 
 •he trial which had occurred without 
 jur Liicwlod^e — and as we had no 
 statement of the steps made to ob- 
 tain mercy — it was agreed (In con- 
 sequence) that ! should first inform 
 myself on these |:oints by repairing 
 to the lion. Attorney General for 
 Upper Canada, 
 
 went to this gen- 
 then in company 
 Solicitor General 
 Wilson, who had himself conducted 
 the prosecution on behalf of the 
 Crown. 
 
 After having i.iformed these Gen- 
 tlemen of the object for which I 
 came, I learned from them, that 
 after mature deliberation, the Go- 
 vernment had irrevocably determin- 
 ed not to alter the sentence, that 
 this decision bad been approved by 
 His Excellency, and that orders had 
 been given to proceed with the 
 execution. 
 
 On my return to the Episropal 
 Residence I imparted to his Lord- 
 ship the Administrator, what I had 
 liCJMi told in this matter, and hi* 
 Lordship and I came to the con- 
 clusion Uiat any further exertions 
 fi)r the unhappy convicts would bi.^ 
 vain. 
 
 Not having time enough to ac- 
 quaint Rev. Mr. Brenriaii by Mail 
 I informed him by telegraph as to the 
 fruitlessness of tiie mission he had 
 confided to me. 
 
 Such arc the facts — as they oc^ 
 cured — and I give them with the 
 utmost exactness. 
 
 I hope that my statement will give 
 full and entire satisfaction. 
 
 I have the honour to remain, My 
 Dear Sir Very respectfully yours. 
 
 C. F. Cazkau, 
 
 Priest, 
 Episcopal residence, Quebec. 
 
 NOTE. 
 
 At the public Meeting of the R. Catholics of Belleville, C. W., 
 held in the Vestry of St. Michael's Chtirch — it was unanimously Resolved ; 
 That owing to the Unjust Execution of Richard and Mary Aylward, the 
 Rev. Mr. Brennan, P. P., Belleville, was hereby named Treasurer for 
 the 3 orphan children of the Aylwards. 
 
 That the Benevolent of every class and creed are invited to aid the 
 fund for these orphans. 
 
 N. B. — Subscribers to the above fund will please addrgss Rev. Mr. 
 Brennan, Belleville, C. W. 
 
 ■ WW - 
 
niGK i» Bnn. 
 
 »^S?^^isr 
 
 ^■ 
 
 I Rose, M. y>r>» x* w r* ^ . 
 
 V.*^,v 
 
Nv Mr. 
 P. SI.' 
 
 
 f*'