IMAGE EVALUATION TEST TARGET (MT-S) // nporte une telle empreinte. Un des symboles suivants apparaftra sur la derniire image dc cheque microfiche, selon le cas: le symbole — ► signifie "A SUIVRE", le symbole V signifie "FIN ". Les cartes, planches, tableaux, etc., peuvent Atre filmte d des taux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clich«, 11 est film6 A partir de I'angle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la methods. 1 2 3 1 2 3 4 5 6 I PAPEE8 IN REFERENCE TO Vi COMMUTATION OF THE SENTENCE OF DEATH IN THE CASE OP ~. VALENTINE F. C. SHORTIS PRINTED BY ORDER OF PARLIAMENT OTTAWA PRINTED BY S. E. DAWSON, PRINTER TO THE QUEEN'S MOST EXCELLF /TT MAJESTY IftPfi CAPITAL CASE OF VALENTINE FRANCIS CUTHBERT SHORTIS CON TENTS W Page, A. J'ower to Under Scnetary of State Under Secretary of State to Hon. J ustice Mathieu 1 Hon. Jnstii.'c Mathieu, covering report •' Hon. Justice Matliieu reports Geo. (i. Foster, transmitting affidavits of Dr. ('. K. Clarke 3 Dr. ('has. K. Clarke's affidavit Letter of " Citizen of VaUcyfield " ^ Letter of Rev. W. J. Keilty ^ Letter of H. V. Dixon to Editor of " Star " ^ Lettei' of L. Fenton " Letter of ( i. H. Matthews ® Despatch— Chamberlain to (Joveruor General ^ Letter of His Grace Archbishop Cleary * Memorial of Chamber of Commerce, Waterford, Ireland Memorial of (Uiardians of the Poor, Waterford Memorial of Waterford Harbour Commissioners Memorial of Governors of Lunatic Asylum, Waterford Memorial of (.'orporation of Waterfoi'd Petition of Hoard of Guardians of the Clonmel Union l-* Petition of Council of Borough of Clonmel 17 Memorial of Citizens of Waterford ' leleifram -Irish Stock Ownura to Lord Aberdeen ^^ D. Macmaster to E. L. Newconibe Dobbyn, Tandy & McCoy to J. N. Greenshields !*• Dobbyn, Tan.ly & McCoy to J. N. Creenshields ^^ Affidavit of J. X. Greenshiehls (Counsel for Defence) '^^ Petition of Hoard of (iuardiiins of Tipperary Union 21 Sir Charles Tupper to Minister of Justice covering letter of Prof. Wallace of Edinburgh Univer- "^ 21 sity Kobert Wallace to Sir Charles Tupper - '^^ Memorandum of Prof. Robert Wallace ^^ Hon. Mr. Justice Mathieu's confidential Report to Minister of Justice 23 Petition of (hand Juries of County and City of Waterford 24 Petition of (hiardians of Poor of Tipperary Union 2o Memorial of Commissioners of Township of Cashel, Tipperary 26 D. Macmaster to Minister of Justi e, covering letter of Dr. Villeueuve 27 Letter of Dr. Villeneuve to I). Macmaster 27 Letter of D. Macmaster to Attorney General of Quebec 28 Dr. C. K. Clarke to Yi. Macmaster ^ IV 1). Macmanter to Dr. 0. K. t laiko ''"**"" Letter of F. W. 'IVrrill to Miiii.Htcr of Justice ?/ Petition of (Jimr.liaiiH of Pool of Cloglieen Union, 'J-ippcrary . ! ill Memorial of CitizenH of tju- City of F.iverpool , ' " ReBoltition of Committee of Winter Show of Kut Stock, Dublin .. «? Deposition of Connsel for tlic Defence. . Petition of H C. S,m,t I'u.re, J. X. (ireen«hiei;i;: (i^o: a. 'vo.i.r, Counsel £«; the Defence' ! " ' S Meniormls of (iuanlians of Casiiel Poor Law, Tipjjerary Z. Letter of Mary P. Quimi to Minister of Justice Memorial of the Town Commissioners of Tipperary . . ^^ Letter of Counsel for the Defence to Sir Charles H. Tiipper ^ Letter of Counsel for the Defence to Hon. Si,. Mackenzie Bowell ^I Letter of Hon. VV. |{. h es to Sir ( has. H. Tuppc, *, Sir Chas. H, Tuj)pcr to Hon. W. H. Ives . Letter of Jerome J. (Juiry to Sir Chas. H. Tupper. . , *' Report of D. Macmaster to Minister of ,) ustice ,' *} Telegram of 1). Macuiaster to Minister of .lustice. . . ,. *^ Telegram of Hon. Mr. .Justice Mathieu to Minister o/Justice tt shields, <,eo. (.. l-oster, .Mary Shortis, Francis Shortis .. Declaration of Dr. Daniel Clark ** Declaration of Dr. Ricliard M. Hucke ^^ Declaration of Dr. James V. Anglin '*^ J^,oramlmn for Umler Secretary of Stivte'from Acting Deputy Minister of Justice! ! ! 49 Report of M.n.ster of ..ustice to His Kxcelleucy the Ciovernor General in Council. Z (governor (ieneral to Secretary of State for the Colonies ; Secretary of State for the Colonies to fjovernor ( leneral Memorandum from His Kxeelk-ncy to Secretary of State. '.'.'.'.'..'. ^'" Draft Warrant commuting sentence of Shortis ... '^ Telegram of Under Secretary of State to Sheriff of ' Beauluirnois l'! J elegram of Sheriff to L. A. Catellier *^ L. A. Catellier to Slieriff, J5eauharnois ^^ J. Leslie to L. A. Catellier ^^ Telegram of Sheriff of Beauharnois to' Under Secretary of' State f^ Sheriff of Heauharnois to Under Secretary of State .... ' Under Secretary of State to Sheriff ^'^ ''"'liiii^^y''"'";"":"'^^":'''^^^^"''^^ '' Letter of Under Secretary of State to Sheriff ''''' sTZt T"l "^":^''^^y :'f ;^'"^^ *<> ^Va-denof St! Vincentdc' hu.l Peiuteiitian.: ". S Sheriff of Beauharnois to Under Secretary of State- Telegram ., Under Secretary of State to Sheriff "* Warden of Penitentiary to Under Secretary of State "'''* Letter -Under Secretary of State to S|,eritf of Beauharnois 'it Under S. cretary of State to ( 'lerk <,f Crown. Beauharnois. I'l Under Secretary of State to Hon. Mr. Justice Mathieu. ''''' Memorial of Alexander Mi.hUetou, Aherdeen, Scotland '"' R««luti.,n of Board of (iovernors of Clonmel District Lunatic Asv|„,n ^l^ Letter o ( lerk of Crown, Beauharnois to Under Se.M etary of State '-- Letter of Sheriff of Bea.diarnois to Under Secretary .,f State '" Letter of Hon Just ice Mathieu to Deputy Ministel- of Justice'. '.'.'. .; Letter of D. Macmaster to Deputy Minister of Justice . . f J. Leslie to Deputy Minister of Justice... "^^ Letter of Louis Simp.son to Deputy Minister of 'justice! '. JJ tZ r TJ' '" "'?• """■ ^^^'^'"^'^^ «""-ll transmitting r^^ohuiou'Jud p.^otest ^s Resolution and Protest of Citizens of Valleyfield ^^ D. Macmaster to Deputy Minister of Justice ^^ 51> J)EPARTMKNT OF .TU8TI0E. OTTAWA, CANADA, 12lll Novomlujr, IHUS MomoraiKliim for tlio Under Socrotury of State. The iiMdorHKnod has the honour to ro(iiiost that the llonouruhlo Mr. JuHtico Aluthioii hoaHkc'd to report, in accordance with section !i;{7 of the CriininalCodo 18!)2 upon the caNc of Valentino Francin Cuthbert Shorlis, who w:i^ tried before I.i'm nnd convicled (.1 murder on the third day of the present month and sentenced to l)o exe- cuted on the third day of Januarv next (189G), and to forward ii cony of the evidence tajjen at wiieh trial. IliH Jjordship nut,'lii be hhUM to conform with thin roqucHt m soon as p08Bible 8oaH toaltord the llxecutivo time to ^\vo the matter the careful consideration it dosyrvoH. A. POWER, Actiny Deputy Minister of Justice. Ottawa, 13th November, 18[. Tho pi'isonor anked for a Honarato trial, and ho was tried only for tho murder of John Loyo. Tho prisoner i.leadod not jruilty, and his eoiiiiKd added a ploa of insi-nity. On the third d of November inHtanl, the JuroiR decided that tho prisoner had not proved liiH plea of in^Mi.itv 'ind broufrht in a vordiel of u'uilty ai,minsl him; an-l, on tho tmirth day of November instant, tho prisoner was, by me, seiileneed to bo lianL'ed on tho third d-iv of January next. ' • J ^ • Before tho trial, a eommission was issued under article fiS.'} of tho Criminal Code to take evidence m rreland on the insanity of the prisoner. That evidonen was returned in court and submitted to (ho jury. I herewith inclose the following documents : 1. Bill ol indiclmont. 2. Dcfonci' liloil by counsel. 3. Motion of' the Cn.wn to reject portions of the ploa filed by counsel. 4. Motion of the defence to open the Cf>mmission execut(Hl in Ireland 5. Motion of Crown stlitini,' objocLions to portions of evidence taken in Ireland h. A book containin-r tho proceedings of tho tirsl and second days of the trial 7. A book containing th(> i.roceedings of the third day of (he (rial 8 A book containing tho French evidence (aken on the fourth day of (he trial 9. A book containing tho ICnglish evidence taken on tho fourth day of tho trial" 10. A JKiok containing the i)rocoedings of the fifth dav of the trial ' ., .^!- T'^'' ,^''""'"'^«'*^» •,^'^"»-"d to Judge C. A. Diigas binder arlioio CS.i of the Criminal Code, to take ovidenco in Ireland, and procoo.hngs and return on tho mime 12. 1 he evidence ak.-n m Ireland and exhibits annexed to tho depositions id. A book containing evidence taken on the ninth day of the (ri'il 14. A book containing evidence in Froncli taken on (ho tentii day of tho trial 15. A book containing evidence in Knglish taken on the tenth day of tho trial (). A book containing the proceedings of tho eleventh day of tho trial io" * , "■ <^0"''''""'"A^' French ovidenco taken on the tweffth day of the trial in » , , ^'■'"^""""S Fnglish evidence taken on the twelfth .lay of tho trial IJ. A hook containing the proceedings of tho thirteenth day of tbe trial trial containing the ovidenco and proceedings of tho fourieonth day of the trial^" ^ ^*'°'' ^""^'^''""" ^''<^ evidence and proceedings of tho fifteenth day of tho triaf" '^ '""^'' containing tho evidence and proceedings of the sixteenth day of the 2;{. A book containing the ovidono- and proooedingrt of the sevoiitoonth daj of the trial, 24. A book containing the ovidonoe and procoodings of tho oijiichioonth day of the 'ill. 25. A book conta'ninjf tho ovidonco and procoodiii'^Hof the ninotoonth day of the trial. 2ti. Motion of tho (Jrown for the issuo of a oomminHiori to uxarnlno Robert McCiruinnosM who waH nick, and the commiHsion and roluiii, and doportilion of tho ttaid McOuiniioHH. -7. A book containing; tho ovidonco and procoodings of tho twentieth day of the trial. 28. A book containing tho evidence and procoodingH of the twcnty-tirHt day of tho trial. 2!). Motion of tho C!rown for a commiHHion to cxamino Andntw F (Jaiilt, of Montreal, who was sick, and loport of tho coinrnisMion and ovidonco of tho Hald Gault. ;{0. A book luj.itaining French ovidonco taken on iho Iwcity-socond day of tho tiial. lil. A book containing Fnglirth evidence tuKon oa tho twenty-second day of tho trial. 32. FxhibitH with a li^i acconipaiiyini^ tho wamo lilod by tho Crown. 3ij. KxliibiiN with a list accompanying tho naiao tiled by tho do(. iico. 34. A book coniiiit "'ig tho arguinonis of Mr. .MacmaHtor, '" <^., for tho Ci'own, on quoHtioiirt of law, bofori, adiirosHing tlio jury. 35. AddrosH of Mr. (iroonshiohlH, C^. C., of counaol foi iho dofonco, to tho Jury. 3ti. (Jhaigo of tho judge to the Jury. 37. Copy of tho Hontonco. M. MATHIIOU, J. S. a Montreal, 14lh day of November, 1895. (Translation.) Ottawa, 15th November, 1895. Tho lioiiouiablo M. Matiiibu, Judge of the Superior Court, Montreal. I have tho honour to acknowledge receipt of your letter dated tho 14th instant, transmitting mo the original documonts in the Shorlis case tried by you at Beauhar- nois. Those documents will bo sent to-day to the Minister of Justice. I have the honour to be, sir. Yours hincorely, L. A. CATKLLIKR, U.S.S. Montreal, 14th November, 1895. Honourable Sir Charles ITiBnERT Tupper, K.C.M.G - Minister of Justice, Ottawa, Out. Dear Sir, — Ilerowith I have the honour to transmit to you an affidavit of Dv. Charles K. Clarke of Kingston, to be filed in the record in the case of the Queen vs. Shortis. This is the document I spoke to you about at our interview on Tuesday. Yours truly, GEO. G. POSTER. 42— 1^ I, Charles K. Clarke, of the city of Kingston, mi the province! of Ontario phj'sician, do Bolcmnly dociiiro: — ' Thiit I am the Huporintendont of the Rocicvvood Asylum for the Insane at Kinirston juid have boon for over ten yearn, and previous to that was connected with the Toronto Anylum for about seven years and was about one and a half years assistant superintendent of the Hamilton Asylum, and altogethoi' I liave been for a period of twenty-one and a half years connected in one capacity or another with insane asylums. _ Thai I am a graduate of Toronto University and Profossor of Mental Disease m Queen's University, Kingston. That I visited tiio prisoner in the jail at Montreal and saw him several times at Beauharnois and was jjresent at tlie trial in Boauharnois and hoard the evidence adduced by the Crown in opening and the evidence adduced on behalf of the defence. That from my examination of him I discovered marked delusions of persecution and the result of my examination was convincing proof to me that ho is what is called a moral imbecile. ;, .|, ,/ , That, from the evidence adduced and taking into consideration the'heredilarv tendency of the man, wo find that as a child he was not a healthy child that his intellectual development was slow, showing intellectual defects up to the aeo of adolesence. ^ That we find from 'he evidence of his tutors that as a child he was not a normal child and .n t he was different from other children and at ,ho age of adolescence there wu. uistinct change in his character and that instead of advancing raentallv he actua retrograded. ^ -^ That he had lapses of consciousness and in early life we Hnd traces of delusions Ihat he committed mad pranks without motive and nothing to show that they' were the mere onlcGme of viciousness. ' That in my opinion the history of the case presented before the court is pro- bably one of the most complete on r?cord. That before ho left Ireland we Hnd the existence of delusions wh-'cirbocame more fixed later in life and in this counti'v the existence of au.-al and visual hallucinations and delusions. That the exisienco of hallucinations is a strong presumptive evidence of what we call organic brain disease. That he is a natural or congenital imbecile and is suffering from a well-defined form of insanity, aneyou a 'dipping from the Montreal St'T. It contains the scntimen*sof your humble servant. I am not so fool- ish, however, as to rave about "judicial murder." Instead of that I thank God that we have a Department of Justice at Ottawa and at its head a minister who will always send lunatics to the asylum while sending criminals to the gallows. ilo])ing that you will not resent as an iinyiortinenco this plea for the commuta- tion of ^eIllellco in favour of the lunalic Shortis. I have the honour to be, honourable and dear -iir, your humble servant, W. J. KEILTY, P. P. CLIPPING, .MONTREAL STAR. The Shortis Case. To TfiE ElUTOR ov THE " Star," SiR, — As one who has closely followed the evi- dence in Ibis ('u>ni allow me to empbalically protest against the monntrous verdict returned. If this veidict be upheld, then tbo plea ot insanity might as well be elimiiialcd from the statute book. 1 do not hesitate to say that to execute Shortis would be tbo commission of a barbarous judicial murder ; and this is the genor.'il feeling down here. Halifax, N. S. H. F. DIXON, Asst. Priest St. Luke's Cathedral. 6 -Department of Justice, Ottawa, 2l8t November, 1895. The Reverend W. J. Keilty, P. P., Douro, Onftino. Eeverend and dear Sir,— T beg to acknowledge receipt of your letter of the ^Uth niHtant, ronpecting the case of Shortis convicted of murder I can assure you that before the sentence is carried out the evidence in the case Will be mos carefully examined by me and full consideration will be given to all th points involved before His Excellency's sanction is asked either to the execution o commutation of the t-entence e or I am, reverend and dear sir, yours faithfully, C. H. T UPPER. To Sir Charles Hibbert Tuppeh,. Wn,LfST0N, Vermont, 2l8t November, 1895. ^fnJ^'^'T^^^^Tf '''''"'''' '" ^^"^ ^"'^^^ ^^^^""^ I ^"^ * ^^'^y reader of the Montreal &far and have taken groat interest in the "Shortis Munier Case" I lived in Mon rea from a cln d, before my marriage, and now that I am a mother, and have l-r Sh H "f '-^ '"^If .r" '^ '^"^' P'^y "" '^' P"«'-. l^roken-hearted mother bfe H.;; h' "k '" n"i^ '^ '""P"^' ^'""""'^ ^'^^'■"■^' ^''^« ^'i"^ imprisonment Ir he' noir n ol p"!/. "o»« oj "^ any good, and will be the moani of comforting the poo motfier if hor son's life is spared, and to wait his time foi' the Master^ call. I know the great and good God, if we could talk personally with hinrw ould fnTfvv'?h™ f ' "" T F""'" "^".'''''" ""^^ ^'^^^ ^''' «"b- chikl from the gall vvs' We a knovv the homes he has made sorrowful, but lot us try and save bin? to comfort Ms fl . vil '• .Tr /' "'":?' "^"^^ ^"'" '"^^ '■" '^' ^"^- "^^^^ -^-^ commai.ded to do tood for evil, and (Tod says, "vengeance is Mine; I will repay." 1 don't know Mrs ^on'smi. ' ""' '" '^' ^"^'"'" -h-''^ ^h-vas going ti af>peal to you to IL lio" It you can do •inylhing, si,-, to givecmfort to her I hope you will do so IlanLrino- Shortis won't bring comfort to the homes he has made desolate ^Ja"g">g Hoping, sir, you will forgive me for taking the liberty of writing to you 'ind I would be glad to hear from you, if you see i\l to do so. ^ ^ ' I remain, sir, yours very sincerely, Mrs. J. W. Ponton, Williston, Yei'mont,U. S. A. l. FENTON. 20y Commissioners Street, Montreal, I'Jih November, 1895. Sir Charles Hibbert TuppEti, Minister of Justice, Ottawa. iPnJ' *''''' '^i'"'";!""''':''^''"''^'''''^ y"'' ''^'^'^ ^^'C" I'^titiono,: to commute the K.n- tence pas>o(l on the unfortunate boy .Shortis. ^mmuu. ine K,n- He vvasatcnantforoverayear "in my office building "ThcAtlanticChambors" -md the slightest doubt ns to h.s insanity. So much so that i got him to cancel h i s 1 c se as he was a nuisance to the other tenant- to \Jt h!m !il"/.^"l''' *"";,"': "^" '"^!'l'' ^'•^'''•"' y' '^ ^^-""'^i ^^' -'^ '"'-t cruel thing to hang him and I foel sure that you will render justice in the case. Yours very truly, Ci. H. MATTHEWS. record of^he'cSr'''^^ '" ^'"" '"'^'"" '"'" ''^" '^'^'"'^ ''^'''^ ^'^^ ^^'" '"'"^l i" 'he G. II. M. Department of Jcstice, Ottawa, 25th November, 1895. G. H. Matthews, Esq., 209 Commissioners Street, Montreal, Que. Sia, — T have the honour to acknowledge the receipt of your letter of the 19th instant, having reference to the case of Shortis, and beg to say that it will receive the minister's attention when tbe case comes up for consideraticn. I am, sir, your obedient servant, A. POWER, For Deputy Minister of Justice. Department op Justice, , Ottawa, '-^5th November, 1895. Mrs. J. VV. Fenton, Williston, Vermont, U.S.A. Madam, — I have the honour to acknowledge the receipt of your letter of the 2l8t instant, addressed to Sir Charles llibbert Tupper, having reference to the case of Shortis, and bea- to say that it will receive the minister's attention when the case comes up for consideration. I am. madam, your obedient servant, A. POWER, For Deputy Minister of Justice. {Telegram.) Secretary of State for the Colonies to the Governor General. . London, 28th November, 1895. To the Governor General, Ottawa. Liverpool influential petition in favour of commutation of sentence Shortis, Boauhainois, goes by mail to-day. CHAMBERLAIN. Privy Council. Referred to Minister ot Justice, John J. McGee. 28lh ^'ovetnber, 1895, AuGHBisfiap's Palace, Kingston, Ont., 27th November, 1895. Tha Honourable Sir Charles Hibbert Tupper, Minister of Justice. Dear Sir,~1 trust I am not out of order '.n f:c-.mplying with the request of some respeclublo gentlemen by otl'oring to you my view of the case of unfortunate Shortis, about which there is so gi'eat a diversity of opinion in all parts of the country. The sole question presented to the jury was whethor at the time of doing the terrible deed he was sutHciently cogniisant of its criminality. By the law of this country the verdict should be sim|)ly affirmative or negative, which means absolute guillinoss of murder, involving the death penalty, or absolute acquittal. Iconfess it would be too much to expect any twelve honest men to declare him free from all guilt. On the otlier hand, it seems to my mind, afier carelul perusal of the evidence, lo be an overstraining of justice to hold him guilty in the lull measure of guilt requisite for condemnation to death. The degree ol guilt that should correspond with capital punisiimeiit is not measured boiely by the gravity of the ei ime considered objec- tively, but also and chiefly by the accountabliity of the agent, which turns upon the distinctness of his understanding of the criminality of the deed at the moment of his doing it, and the restraininir power of lii« win m.„i„ -j moved by sudden impulse of naXn exo Ld hi f guidance of his intellect when assume that this is th"^ phase S th^iS o tlfaf ^ uX^' "^^^^"'"- ' ^«°*"^« *« tion. In the nei^rhbourin./ renublie m, „ ^.^ *"'fe'"-<^ ^^^ur considers decide whether tli^c prisoner Kitvori in ''•'''; ^^P^^^ countries, the jur Since our British nyltem dl^n^ vest Lv TJ r' ^^^^''''' ^"^^'"^ ''' ^hil-d de^ee •^n supplies a ro-Wdy in tL 0^^! ^f tl f'^ d.scret.on in the jury, the c idence by the honoui^able t Zl^VTJi^;:"'""' "''"•'"'' '-^^^ tion evi Be lend ly pleased, dear sir, to boar with venture dera- y rt'oe. lonstitu- of the concurred in their opinion with ^ntUun^'imitr m"'" T^'^'^^' gentlemen by severest cross-examination. No exner s wnV^ T n ^ evidence has been unshaken weaken their testimony, although two or thro«b»n''^ '"^ ^^" ^'^'"' ^o undo or and were aof .....II,. ;.. ,.!'.... .,. "^" ^'f'^ «' three had been summoned for that purpose. and were actually in court duriix are commonly called mad doctors " f ,1^-^ "^^ V"^' memselves counsel in England would dare o™m.!: •? "o* '^«''eve that anv ( Janguage i" adflres^ng the j^^ ' u TsTneo^^^^ *^^' »- ^"^'^ which always demand the t:;n-dence ofZ7e^ZlT ^ "'" P'-"«'i^« "f the courts and g,ve it careful <'o„sideratiorevl'^tho?Xnl^T <^ '" ''''''' ''^' ^'"« '^"'d- wholly unanimous in their testin cmy Yc^^fJ u T^"" ""^'P^''^" should not be of murder could not have lu'cn I L .' ^' "»^^ ,'^«tter than I that the «uilt than bvsninnHfl.. „„.:.„.''''' ^'S^.'i.l^i'x'ghthomoto numberless criminals otherwise expert, ,•„ „„ ob^Slair^cy" "■SK™!."!: fc'r' r° J"^^ "'' "f ''""-^"i-' J incio (..111 1.0 no contradiclioii bftiroen Inio common 9 senne and true scioiitiflc sense ; neithoi- does the scientific study of cerebral disease and medical nupervision of insane patients neceasarilj'' imply that phydicians in charge of asylums are thomsolves insuno. The common sense of the comuunity has been shoclied by Mr. M;ictna8ter's extravagant utterance. It was allowed to pass unrebuked, and is believed to have influenced the minds of the jurymen. This being so, I cannot but regard the verdict of wilful murder as more or loss inconclusive, and consequently insutHcient to satisfy the public conscience that no element of doubt is involved in it. Pray excuse me, dear sir, for addressing this letter to you. I trust you will take it in kindly spirit. If it does no good, it can do no harm. With much respect, I remain Yours most faithfully, tJAMES VINCENT CLEARY, Archbishop of Kingston. Office of the Minister of Justice, Ottawa, 30th November, 1895. The Most Reverend J. V. (;leary, D. D., Archbishop of Kingston, Kingston Ont. My Dear Lord Archbishop,-;-I beg to acknowledge receipt of your Grace's letter of the 27th inetaat relative to the case of Shortis now under sentence of death. As your Grace is no doubt, aware, the decision in capital cases rests with the Governor General in Council. When the case comes before council I shall lay your letter before His Excellency and my colleagues, from whom I feel sure it will receive the most respectful and earnest consideration. I remain, my dear Lord, Yours fiiithfully, CHARLES HIBBERT TfJPPER. Chamber op Commerce, Waterford, 20th November, 1895. The Right Honourable *he Earl of Aberdeen, Government House, Ottawa. My Lord, — I have the honour to inclose the memorial of this Chamber to your Excellency praying that on the grounds slated in the memorial your Excellency may be graciously moved to commute the sentence of death passed at Beauharnois on the young man Shortis. I have the honour to bo Your Excellency's obedient humble servant, GEO. GIBSON, Secretary. Privy Council, Per M. A. S. Referred to Minister of Justice. John J. McGee, 2nd December, 1895. ■To His Eicelleney the Right Honourable the Earl of Aberdeen, Governor General of the Dominion of Canada : The memorial of the incorporated Chamber of Commerce of the cit}- of Water- ford in Ireland, showeth ; That vour momoriitiists beir res>">ectful!v to submit to voui" Excel l^ncv for cnv.^ sideration the ca'se of Valentino Fiancis Cuthbcrt Shortis who was convicted recently at Beauharnois in the province ot Quebec and sentenced to death for a double mur- der committed at Valleyfield in that piovinco. 10 That tho condemned youth is a native of the city of Waterford where he resided nearly all his life and was very well known. Ilo was only twenty years of age at the time tho crime was committed. Thai from an early ago Valentino Francis Ciithbert Shortis wus of a peculiarly eccentric disposition and acted frequently in nuch an extraordinaiy way as to leave little doubt of his being of unsound mind, an(i from the knowledge and observation of your memorialists they believe he was not accountjible for his actions. Moreover it is known to your memorialists that tor several generations insanity has existed in the family and that several of its members have been inmates of lunatic asylums. That owing to the terrible circumstances under which the crime was committed and the difficulty found in empanelling a jury, your memorialists cannot avoid com- ing to the coriclusion that tnore aiose in the district where tho murder took place a feeling, which though natural in itselt, was prejudicial in the highest degree to a fair and impartial trial, and must have influenced the minds of the jury in returning their fatal verdict, notwithstanding the strong evidence for the defence of insanity given in person at the trial and the various depositions taken before the commission which sat at Waterford. Your memorialists therefore most humbly pray: That 3'our Excellency may be graciously pleased to review the evidence sub- mitted for the defence willi a view to commuting tho sentence of death and in lieu of same having the condemned youth contiiicd in an asylum for tho insane. And your memorialists will ever pray. EOBr]RT M. ARDAGfl, President. WILLIAM RICHARDSON, Vice-President. VV^VTERFORD Union, 20th November, 1895. To His Kxcelloncy the Right Honourable The Karl of Aberdeen, Ciovernor Geneial of the Dominion of Canada, My Loud, — I have the honour to forward you, herewith, memorial unanimously adopted by tho Board of Guardian.^ of tiiis, Waterford, union at llioir meeliiig on Wednesday last, ])rayingfor a commution of the sentence of death passed upon V. F. C. Shortis. By order, JOHN MACKi?V, Clerk of Union. To His Excellency the Earl of Aberdeen, Governor Gi^neral of Canada, We, the guardians of the poor of the Waterford Union duly assembled in our Board Room at Waterford (Ireland) most respectfully be.-eeoh Your Excellency to consider the case of Valentine Francis Cuthburt Shortis now under sentence of death for the Valloyfield murders. We believe that the condomned lad was not of sound mind, and the universal opinion of persons resident in Waterford who had an opportunity of observing him is that ho was not accountalile for bis actions. Wo know it to be the fact that insanity has been in Shortis's fatnily for several generations and \vo respectfully submit that the evidence which was taken in this case on commission at Waterford was sufBcieni to prove that Shortis was irrespon- sible. Wo are acquainted with most of the witnesses who were examined on the commission at Watciford, and we know them to be men of integrity on whose evidence implicit reliance may be placed, but we fear that tlieir evidence taken on commission had not: the same weight as if it were given orally before tho jury who would then have an opportunity of judging of tho character and credibility of the witnesses, and we are strongly of opinion that tiiis must have operated adversely to the prisoner on the trial, especially in a case which excited intense feeling in tho district in which the crime was committed. 11 We bolievo that sentence has been passed in this instance on one who through a visitation of Providonco was unat'countabie for his actions at the time the murders were committed, and it appears to us that the circumHtances imtnediately attending the murder go to show that the perpetrator was a lunatic. Being convinced of the truth of what we state, we feel it to be our duty to represent to your l^Lxcoilency ihiit the case is one in which, for the reasons stated, the extreme ])eiialty of the hiw should not bo exacted. We therefore humbly jiray that your Excellency may bo pleased to commute the death sentence passed upon Valentine Francis Cuthbert Shortis and to deal with him in such mannor,Jiaving regard to his mental condition, as to your ?]xcelloncy may seem tit. Dated and sealed with our common seal at the Board Boom, Waterford, this 13th day of November, 181)5. JOHN DELAHUNTY, Presiding Chairman. JOHN MACKEY, Clerk of the Union. Harbour Office, Waterford, 20th November, 1895. lit. Hon. the Earl of Abekdeen, Governor General of Canada, Ottawa. My Lord. — At the direction of iho Waterford Harbour Commissioners, I have the honour to inclose their memorial praying that, for the i-easons therein set forth, your Excellency may be graciously pleased to eommute the septonce of death passed at Beauharnois on the convict Shortis. I have the honour to bo. Your Excellency's obedient humble seivant, .1. ALLINGHAM, Jr., Secretary. WATERFORD HARBOUR COMMISSIONERS. Extract /ro7rt the Minutes of Proceedings of the Board Meeting held at Harbour Office on the Wth Jay of November, 181)5, T. C. Grubb, Esq., J. P., in the Chair. Resolved unanimously, On the motion of A. Nelson, E-q., D.L., seconded by W. G. !>. Goff. E-q., J. P., That the memorial to iho Eui'l of Aberdeen, Govenor General of Canada, ])ray- ing for a commutation of the death sentence passed on V. F.C. Shortis at Beauharnois, Canada, be and is hereby adopted by this board, and that the said memorial be signed by the chairman and secretary and sealei with our common seal. A true copy, J. ALLINGHAM, Jr., Secretary. 'To His Excellency the Right Honourable the Earl of Aberdeen, Governor General of the Dominion of Canada. The memorial of the Commissioners for improving the Port and Harbour of Waterford (in Ireland) shovveth : That Valentine Francis Cuthbert Shortis who has been recently convicted and sentenced to death at Beauharr.ois, in the province of Quebec, lor a double murder committed by him at Valleyticid, is a native of the city of Wateiford and at ihe time of ibo murder was only twenty years of age. That Valentiiie Francis' Cuthbert Shortis for many years previous to his leaving Waterford conducted himself in an extraordinary and foolish manner and was reputed to be of unsound mind. That many members of his family have been insane and 12 have been confined in hinutic nsylumn, insanity in the family having' boon trans- mitted throu;L;h Hevoi-al f^enerations. That your momoiialistH from their own observation and from common repute regarding' the moiital condition of Valentino Francis Outhbort Shortia, beliovo that he was not accountable for his actions. That the murder would naturally excite great indignation and prejudio^ in the district in which it was commiltod and your memorialists submit that the circum- stances attending the murder would so operate on the minds of the jury as to pre- vent their giving full weight to the evidence given in support of the defence of insanity. That your momorialists submit that although the jury did* not adopt the views held by 3'our memoiialists still that the evidence given viva voce on the trial and the depositions taken on commission in Ireland wore sufficiently strong to establish such a case of weakness of intellect in the condemned youth as to render him morally irresponsible for his actions at the ti(no of the murder. Your memorialists therefore humbly pray ; That it may please your Excoilency'to direct that the sentence of death passed on \^alontino Francis Cuthbort Shortis may bo commuted and that ho may be ordered to be confined in an asylum for the insane, your memorialists praying that It your Excellency should ontertain any doubt as to the justice of the dread sen- tence, your Excellency may be pleased mercifully to give the l.onefit of that doubt in tavour of this memorial for a commutation of "the sentence of death. And your memorialists will ever pray. THOMAS CAMBRIDGE GKUBB, Chairman, „ ,^ ,„ J. -^hTjlNailKM., Jr., Secretary. Harbour Office, Waterford, 11th November, 1895. District Lunatic Asylum, Waterford, 19th da,y of November, 1895. To His Excellency the Earl of Aberdeen, Governor General of the Dominion of Canada. May IT PLEASE YoDR Excellency: I have the honour to inclose at the request of the board of govern-.rs of this asylum a memorial on their part praying that your Excellency may be pleased to commute the sentence of death passed on Valentine Francis C. Shortis accordinir to the terms embodied in the said memorial to which 1 would pray your Excellency's earnest attention. ^ -^ -^ ■w^-c.u.ucy e. I have the honour to remain Your Excellency's most obedient servant, RINGKOSE ATKINS, M.A., M.D., Eesident Medical Supt. To His Excellency the Right Honourable the Earl of Aberdeen, Governor General of the uominion oj Canada. The memorial of the Governors of the Lunatic Asylum, Waterford, showoth ; Ihat Valenune I'rancis Cuthbert Shoriis who has been recently convicted and sen- tenced to death at Beauharnois in the province of Quebec for a doul)le murder com- mitted by him at \ alioyh.ld, is a nat,yo of tlie city of Waterfonl and at the time of tlie murder was only twenty years of a^i-e. XKT That Valentine Francis Cnthbert Shortis for many years previous to his leaving V^^ate.ford conducted himself in an extraordinary and foolish manner and was re pu ed to bo of unsound mii.d. That many members of his family have been insane and have been confined in lunatic asylums, insanity in the fUmily havin- been transmitted through several generations. ^ That your memorialists from their own observation and from common renute regarding the menta condition of Valentine Francis Cuthbort Shortis believe that he was not accountable for his actions 18 That the murdor would nutnrully excite groat indignation and prejudice in the district in which it was comraitled and your momorialistH submit that the ciicum- Htauces attending the muidor wouhl so operate on the minds of the jury as to pre- vent tlieir giving full weight to the evidence given in support of the defence of insanity. That your memorialists submit that although the jury did not adopt the views held by your mdmorialists still that the evidence given viva voce on the trial and the depositions taken on commission in Ireland were sufTiciontly strong to establish such a case of weakness of intellect in the condemned youth as to render hira morally irresponsible for his actions at thti time of the murdor. Your memorialists thcroforo humbly pray ; That it may please your Excellency to direct that the sentence of death passed on Valentino Francis Cuthbert Shorli>( may be commuted and that he may be or- dered to bo contined in an .isylum for the insane, 3-our memorialists praying that if your Excellency should entertain any doubt as to the justice of the dread sentence, your Excellency may bo pleased mercifully to give the benefit of that doubt in favour of this memorial for commutation of the sentence of death. And your memorialists will over jjray. Signed on behalf of the Board of Govornors, D. F. FOBTESCUE, Chairman. Mayor's Office, City Hall, Waterford, 20th November, 1895. To His Excellency The Right Honourable the Earl of Aberdeen, (rovernor General of Canada. Your Excellency, — I bog to inclose memorial of the corporation of Water- ford, pi-aying for a commutation of the death sentence passed on Valentine Francis Cuthbert Shortis, also copy of the resolution directing the corporation seal to be affixed to the memorial. I have the honour to remain, Your Excellency's most obedient servant, W. J. SMITH, Mayor of Waterford. Town Clerk's Office, Town Hall, Waterford, llih November, 1895. At a meeting of the corporation of Waterford held this day in the Council Chamber, Waterford, it vvas proposed by Councillor H. D. Fishor, seconded by Councillor W. R. Ward, and unanimously resolved, "That we, the mayor, alder- men and burgesses of the borough of Waterford, in council assembled, hereby adopt the petition to His Excellency the Earl of Aberdeen for the commutation of the death sentence on Valentino Francis Cuthbert Shortis, and that the corporation seal bo attached thereto." I certify the above to bo a true copy. JAMES J. FEELY, Town Clerk. To His Excellency the Bight Honourable the Earl of Aberdeen, Governor General of the Dominion of Canada. The memorial of the mayor, aldermen and burgesses of the borough of Water ford, showeth : — That Valentino Francis Cuthbert Shortis who has heon recently convicted and sentenced to death at Beauharnois in the province of Quebec for a double murder committed by him at Valleyfield, is a native of the city of Waterford and at the time of the murder wf)'' "^nly twenty years of age. 14 w Thut Valentino Francirt Cuthbort ShortiH for many yours provious to his leavinir Wutortoi-d conducted himHolf in an oxtraoi-dinary and foolish manner and was reputed to be ofunaound mind. That many momborn of liiH family have boon insane and h..vo been confined in lunatic asylums, insanity in the family havin.' been transmitted through several generations. * That your memorialists from their own observation and from common repute regarding the mental condition of Valentino Francis Cuthbort Shoitis believe that he was not accountable for his actions. That the murder would naturally excite great indignation and projudice in the district in which it was committed and your memorialists submit that the circum- stances attending the murder would so operate on the minds of the jury as to prevent theii-giving full weight to the evidence given in support of the defence of insanity That your memorialists submit that although the jury did not adopt the vievvs held by your memorialists still that the evidence given vivnvoce on the trial and the depositions taken on commission in Ireland wore sufficiently strong to establish such a case of woakness of intellect in the condemned youth as to render him morally, irresponsible for his actions at tho time of his murder. Your memorialists therefore humbly pray: ^r 1 '^IV'*^ it may please your lOxcellency to direct that sentence of death passed on Valontine In-ancis Cuthbort Shortis may be commuted and that ho may be ordered to bo conhncd iM an asylum for the insane, your memorialists i)n.ying that if your Jixco eney should entertain any doubt as to tho Justice of tho dread' sontonco, your i^^xcellency may oo pleased mercifully to give the benotit of tho doubt in favour of this memorial foi' a commutation of tho sentence of death. And your memorialists will ever pray. Given at the (Council Chamber in tho Borough of VVaterfo.d under our common seal this 11th day of November, 1895. W. J. SMITH, Mayor of Waterford. JAMKS J. FEELY, Town Clerk. Clonmel Union, Clerk's Ofhoe, 22nd day of November, 1895. ^" %ZTcamdI''' ^'^^* ^'^^'ourable the Earl of Aberdeen, Governor General. ^„n. ^f^.r nT''^'''i )t"^'' RxcEr.LENCY,-That at a meeting of the Boa.-d of Guard- ians of the Clonmel Union, hold on tho 21st instant, it was proposed by Artluir S George, Esq seconded by Patrick Nugent, Esq., and unanimously resoliel. at. the pe ition inclosed herowuh be forwarded to Lord Aberdeen, arfd the bo m trust thatyour Excellency will be kind enougl. to take a merciful view of theunfbKu- nato position of Valentino Francis Cuthbort Shortis, who has been condemnod to bo hanged for murder at Valloytield, Canada. conuemnod to bo I have the honour to remain your Excellency's obedient servant, Privy Council. "^^^^ ^f^-^^^' ^^''^ 'f Union. Referred to Minister of Justice, John J. McGee. 2nd December, 1895. of ^^^^ '' P^'p^'"'" '"" '^^'"'"ed to His Excellency the Kight Honourable the Eari of Aberdeen, Cxovernor General of the Dominion of Canada pniyinLr that R I Excellency may, on reviewing tho facts of tho case attending' teffi , M c 1 u ly pleased to order that the sentence of death recently Vssed on V^lontne Francis Cuthbort Short.s for murder at Valloytield, Canadi^ bo commut^ d r nt t: ^^:^z^^ '' '''' '' -^y '- ^-'^ -'^'^ '- ^^^^ EDMOND O'DONNELL, Chamnan. JOHN BEARY, Clerk of Union. 15 2l8t November, 1895. To His Excellency the Oovernor General of Canada. The luiml>le petition of the undertneiitionod persotiH living at or near Clonmel, in Irolund, sliowelh : That Valentino KianciH Cuthhurt Shortiw, at preHent lying under Honlonce of death for a murder committed at Valloyfield, Canada, is the hod of FranciH Shortis, a native of Clonmol in Irolund. That in support of the pica of iiiHanity net up by the defence, a mans of evidence was taken in Ireland by virtue of a commiwHion isMued from the Canadian courts, Bhowiiii? that from his childhood up lo the time ho left Ireland, nomo eighteen months before tho murder, Valentine Francis Cuthljort Shortis had conducted him- self in a strange and cxtraor linaiy manner, and was generally reputed lo be of weak intellect. That several ancostois and other near relatives of said Francis Shortis (the father of tho said Valentino Francis Cuthbert Shortis) on both the mother's and father's side, have been insane, and that some of them were inmates of, and died in, the Clonmel District Lunatic Asylum. That the circumstances attending tho murder, whereby a comparative stranger took away the lives of two woll-known inbubitiints of Valloyfield, would bo calculated to create a strong tooling of resontmont in the minds of the people there, and that the evidence taken by depositions in this country did not have that weight with tho jury vvhicli it would have if it had boon tendered in their presence. That, taking into account tho amount of evideiiee given at tho trial in support of the plea of insanity of tho said Valentino Francis Cuthbert Shortis, and the continuous strain of insanity in tiie Shortis famil}', your petitioners consider that tho case is one in which the oxtromo penalty of the law should not be inflicted. Your petitioners therefore humbly pray that your Fxcellency may, on review- ing tho facts of the case, be meruitully pleased to oriler that tlio sentence of death passed on Valentine Francis Cuthbert Shortis be commuted, and that he be confined in a lunatic asylum, or that he may be dealt with in such other manner as your Excellency shall direct. JOSKPH B. COONEY, O.S.F., Thk Abbey, Clonmel. P. B. BRADLEY, O.S.F., and 70 others. Poor Law Union, Board Eoom, Clonmel, 21st November, 1895. Proposed by Mr. Arthur St. George, seconded by Mr. Patrick Nugent, That the foregoing petition be adopted, the seal of the union be hereto aflBxod, and a copy thereof sent to tho Governor General of Canada. Passed unanimously. EDMOND O'DONNELL, Chairman, JOHN BEARY, Ckrk of Union, and 17 others. Municipal Council Chamber, Town Hall, Clonmel, 22nd November, 1895. Proposed by Mr. Alderman Iliggins, seconded by Mr. Alderman Wright, That the foregoing petition, on behalf of Valentino Francis Cuthbert Shortis, be and is hereby adopted by tho 'fown Council of the Borough of Clonmel ; that tho corponite seal be attached hereto, and that a copy of the resolution adopting the said petition under tho hand]and seal of the mayor be forwarded to the Governor General of Canada. Passed unanimously. EDWARD CANTWELL, Mayor of Clonmel. JOHN F. O'BRIEN, Town Clerk of Clonmel. and 21 others. 16 MAY(tR'8 OKFirE, Watebforu, 2;Jr(l Novombor, 1895. Mav it Pi,ea8K Youh Kxokllency,-! have boo.. roqueHto.l by Hovornl promi- nent ci.zenH of W.Uorfonl foforw.ir.1 ..,you tho inoloHe"'""« «^»"i". "-« l-i"l« "• '" --'."of I have tho honour to ho. Your Excellency's obedient, humble servant, l-lDWAnj) OANTVVELL, Mayor of nionmel. Corporation of Clonmel. At a meeting of the Council of the Borough of Clonmol, holdon in the Council Chamber within ho Tovvn Hall, on Friday the 22nd .lay ,.f Novembo 1895 It was moved by Mr. Alderman Iliggins, and seconded by Mr. Alderman Wright ff.so;.e^ -That a petition be submitted to His Excellency he St iSur abl« i .e harl of Aberdeen, Governor General of tho Dominion of Canada nimW that Ht. Excellency may, on reviewing the facts of the case >,ulL\:^^.\t^ fl^}. "If morcifuiiy pleased to order that the sentence of death rerentlv"nn«"««rr«« v'l "V- F...noia Cthbe... Shorti, for murder .t Valle.fcS, £31! EHoZtlt .nd 1895. lerewith a h hold on , who has is undoiib- in inmate H of your 3 south of nmel. -MEL. » Council 5. 1 Wright. Honour- , praying \ t «« o I l-» /> ■ *t ut r J L'C /^alentine ted, and 17 m,?n,Ilfr «! ml'1"*"* !i" " '"""^'° f'^'"'"' ^'* ^^"^^ ''« ™'^y h« '»««'* With in Huch other manner an IIih hxcolloncy nuiy dirot't. And it in ordered that the common »eal of the corporation bo attached thereto. D. J. mcmias, Alderman, Carried unanimously. B. CANTWELL, Mayor. moJinT^nW^y .V'"' the forego! npf is a true copy of a rcHolution passed at a meeting of the lovvn Council of Cionmcl, held on the 'iLl day of November, 1896 Given under my hand and noal of office this 22n.l day of November, 181)5. KDVVARD CANTWHLL, Mayor of Clonmet, JOHN F. O'BRIEN, Town Clerk. MAYOR'S OFFICK, WATERFORD. ANAI,V,SIS OV SIQNATUREH TO ANNEXED MEMORIAL. The Protestant and Roman Catholic bishopH of the dtoceHO All the chirgy of the iVotostant Episcopal Church of Ireland in WTuterford Walorfbrd '"' ^"^''"''^ '''''^y '""^ ^'"^ '"^m^^ers of the various roligiouH orders in The clergy of all the Protestant dissenting congregations in Watcrford. h.r xtobort J. Paul, Juronot, Vice-Lioutenant for the County of Watorford. C E. Denny, E.sq., 1 1 igh Sheriff of Watcrford County. 11. L. Ward, Esq., High Shorilfof Watcrford Cilv. The mayor of Watortord. Numerous justices of the peace for County and City of Walerf>rd All the bankers in Watcrford. ford '^''" ^'"''^" solicitor and 22 barristers an 1 solicitor.^ residing in and nearWalor- Eightoen members of the medical profession in and near Waterfurd iho remaindor of the signatures are those of public officials, merchants, traders shipowners, shopkeepers, and the general public. ' To His Excellency the Right Honourable the Earl of Aberdeen, Goverkor General of the Dominion of Canada : — ■' The memorial of the undersigned persons resi-ling in and near Waterford in Ireland, showeth : — That Valentino Francis Cuthbert Shortis, who has been recently convicted and sentenced to death at Hotuiharnois, in the province of Quebec, for a double murder committed by him at Valleyhold, is a native of the city of Watorford, and at the time of the murder was only 20 years of age; That Valentine Francis Cuthbert Shortis, for many years previous to his leav- ing Waterford, conducted himself in an extraordinary and foolish manner and was reputed to be of unsound mind ; that many members of his family have been insane and have been conHned in lunatic asylums, insanity in tho family having been trans- muted through several generations; That your memorialists, from thtir own observation and from common repulo regarding the mental condition of Valentino Francis Cuthbert Shortis believe that he was not accountable lor his actions ; ' That the murder would naturally excite great indignation and prejudice in the district in which it was committed, and your memorialists submit that the circum- stances attending the murder would so onoifttn on the raindt! of the 'ury as to "le- yent their giving full weight to the evidence given in support "of"" the defence' of insanity ; That your memorialists submit that although the jury did not adopt the views held by your memorialists still that the evidence given viva voce on the trial and 42 — 2 18 tho depositions taken on commisBion in Ireland wore sufBciontly strong to establish such a cuHO of woaknoss oi mt.lioct in the condomned youth as to" i-rdor S morally irresponsible for bis actions at the time of the raurcfer "iour memorialists tbeieforo humbly praj' • That it may please Your Excelloncy to direct that the sentence of death passed Vn lli' « "' . ""'" ^"."''^'f ^^''''' ""'^ ^' commuted an.l that he may Je o?dereJ to be confined in an asylum for the insimo, your memorialists prayinff that if W Exce ency should ontertu.n any doubt a. to the justice of the dre.uU'entenco Your Excellency may bo pleased mercifully to give the benefit of that doubt in f^ v'oui of this raomonal tor a commutation of the sentence of death. And your memorialists will over pray. t RICHARD A. SHEEIIAN MAURICE J. CASIIElf ''" '^ '''''''^'"'- ^ ^Yll.UP.,V O'DOXNELL ''""' '^'''''^'''^ JOHN ioRGANr^' ^''''''''' ^^"'^'•^-^• HENRY L. WARD, ""^'^ 'f ^'^'^^^ford. PHILIP DUNPiTv,'''"'^' ^^^^"-^^'•'^ ^^'y- RICHARD L^f^^,''"'"'''''^' ^^"^^'■•^'""'• R EOYir^^ ^^^^■' '^^' ^^^"■'^^''«' Waterford. A , ^Sn^'"',^"'' ^' ^' ^^sioms, Waterford. And 101!) others. (Telegram.) - Jrish Stock Owners to Lord Aberdeen. J)DBLiN, 2nd December, 1895. Following passed by Committee of Irish Stock Owners :-Tlial Lord Abordonn be askedto reprieve young Shortis, the committee being n.iauLus;^ of Son that inquiry wonid prove him insane and unaccountable for his actTons ^ Privy Council, SECRETARY. Referred to Miniister of Justice, John J. McGee. 2nd December, 1895. (Private.) E. L. Newcojibe, l':sq., Q. C., Oltrwa, Out. Montreal, 30th November, 1895. sent My DEAR Nh-noMBE,— Referring to the Shortis record f l,oli,>v« n • i i orward his charge and Mr. (i.^enshields's u Idres ''My" ...^.^.J^^S^ '^ ) forward as there was some delay in copyin-r it owin- ( , 1 1, , • •? ^ of extracts in it which the shorthand writer' iic"du\)<,V[otn Znfl''^^^ T'" '"' as some of the books came from nubile lihr. ri7.« „ i '^'""N'^' fro n the books, but them to be distributed iL e i t^ af ttlo"'\ S '':!"! r""'' '''""'^'^' ^ ^""'^"^^ about 7 or 8 days afterwarcis, JJ.h L.o iille o ^j 1 '-^^'^'"^ "T'^^ ^'^' than 1^ going through the whole roconlihSy:, ?^^^':::.;^/'a.:;;''- ^ endeavour to have the judge send forward the speech to-du^ o. mS.^ ^^ ^ ^''^ iping you are quite well. I am, M.y dear Newcombe, , Yours sincerely D. M ACM ASTER. 19 establish endor him fvth passed 1)0 ordereJ It if Yom- nco, Your favour of irford. rford. rford. rford. City, rford. rford. 'ford. 1.S95. !\.bordoon 'f opinion -RY. 895. udi,'o lias i not yot numher •oks, but I caused ynelf for her way . I will Wateuford, 9th July, 1895. Re Valentine Shortis. Dear Sir— In reply to your letter of the 2Gth ultimo I inclose a list of the names of the further witnesses other than those whose statements you have and those referred to in our letter to your firm of the 6th April last. I expect to-morrow to send a further list The notice has been short and I expected some more time to prepare. I enclose the evidence of four of the witnesses so that you may see whether they should be examined. Wire me to-morrow when the commission will likely sit hero and the last day on which the names of any further witnesses should be for- warded In addition to the witnesses whose statements you have, those mentioned uitho letter of Ctli April last as material are Dr. Wm. Hastings Garner and Dr Thomas Joseph Groan, ^ ^i. Yours faithfully, T VT p n ^ .. DOBBYN, TANDY & McCOY. J. N. Greensiiields, Esq., Q.O., Savoy Hotel, London. Waterford, 13th July, 1895. Dear Sir,— Of the witnesses already named Mr. Joseph StrauL'man- D L died last May, and Thomas Heglin wo find cannot give any direct evidence, so his name may bo struck out of list. ' Y()u may add to tho list the name of John Collins of the Town Hall Waterford . We think we will be ready by Thursday but will lot you have a wire early on Monday, homo of our witnesses live at a distance. We have written to them and we hope they will be available. Wo will arrange about the shorthand writers. We ino|o8e notes of the evidence of Edward Donnollv. of Ballybricken, Water- ford, and of .fames P. Cunningham, of the Mount Iron Schools, Waterford whose names may bo added to list of witnesses— also Patrick Walsh, of William Street and Joun h itzgerald, of Waterford. You will arrive here during the city election. It will be all over by Thursdav So that practically Thursday is the earliest day wo could count on havin-r the witnesses. It is important that wo should see you on Tuesday. ° Yours very truly, T ^ <- ,. ^r. l^OBBY^, TANDY & McCOY. J. N. (rREENSHIELDS, Esq., Q.C., Westminster Palace Hotel, London, S.W. Mr. Power, Q.C, Montreal, oth December, 1895. Deputy Minister of Justice, Ottawa, Out. Dear Sir,— Herewith \ have tho honour to inclose you two letters d-itod respectivoly. July 13th, 1895, and July 9th, 1895, which f omitted to attuch to the document 1 sontyoii this morning, signed by J. N. Greensiiields QC Will you bo kind enough to attach them and oblige. ' Yours truly, GEO. G. FOSTER. Mr. Powers, QC, Deput}' Minister of Justice, Ottawa, Oni. Dear Sir,— Inclosed I hav( Greenshields, Q.C, in connoctio sentence of V, F. C Shortis. 42 -2 J Montreal, 5th December, 1895. tho honour to send you affidavit signed by J N n with the appeal before you to commute the i i,s 20 I take the libarty of sending it diroct to you, as the ministei- told me the record was before j'Oii and some delay might occur if I sent it through the ordinary source. Yours truly, FOSTER, MAETIN & GlIiOUARD. G.G.F. Dominion of Canada. I, James J^aismith Grcenshiolds, of the city and district of Montreal do solemnly declare : — That I am one of the counsel retained for the defence of Valentine Franci* Cuthbert Shortin, convicted of murder on the third day of November last, at Beau- harnois, in the district of Eeauharnois. That on the twenty-i.inth day of June last I sailed to Great Britain and Ireland for the purpose of procuring evidence of the prisoner's early life and habits which evidence was put in under the commission issued to Ireland, with Judge Du«'-as appointed as commissioner. ^ _ That shortly after the arrest of the prisoner I was retained by a friend of the prisoner s father, and I then communicated with the prisoner's father and informed him that under our law a commission could be issued to Ireland for the examination of witnesses there on behalf of the defence, and I asked him to send me the came and address of his solicitor in Waterford, Ireland. I was then put in communication with Mr. Archibald McCoy, solicitor of yvatertord, a.Ki asked him to procure any and all possible information regarding the life and conduct of the prisoner while in Freland. That the evidence taken under the commission was procured by Archibald McCoy as such solicitor, and in no way procui'ed through any suggestion or throu-rh any information obtained from the prisoner by me or any of "his other counsel ihat after my first two or three interviews with the prisoner, I saw it was use- less for me to attempt to obtain any information or suggestion as to his line of defence, and ho did not give me or his other counsel, so far as I know, the name of on his behalf in Ireland, and made no suggestions one single witness to be examine^ regarding the same. lie has always appeared utterly indifferent as to what his defence may be so much so that [ ceased after four or five interviews with him, to see him, and during ttie whole of the trial I never once spoke to him until ufter ihe verdict . The priMmer had nothing whatever to do with the evidence given under i! j Irish Commission, or the evidence give by witnesses in (Janada, nor did he ever supply any information which could have been made use of duriii"- the trial And I make this solemn declaration, conscientiously believiironal conviction, but I must I'omark that tho evidence of the medical men, all on tho si'f°t'"e Francis Cuthbert Shortis, convicted and sentenced to death at Beaiiliarnoi'^ for the \'alleyheld murders. That at the lirae of the murders, Valentine Francis Cuthbert Shortis was onlv 20 years of age. -^ That his conduct while in Waterford was most eccentric and peculiar and not that ot a sane lad. That insanity in his family is hereditary. That the almost universal opinion of all persons in Waterford who were ac- quainted with Shortis was that he was not of sound mind. That the luurder committed by a stranger would excite such feolinffs in the d.sh'ict that the mmds of a jury taken from that district would in our opinion bo so attected by the crime that they would not give the same weight to the evidence 25 brought forward in support of the defence of insanity as would be given to same by a jury selected from adlHtant area. Your petitioners believe thiit the present is a case in which the death sentence should be commuted and confinement in u lunatic asylum substituted, and that, if you should bo pleased to grant the prayer of this petition, time will prove that by the further development of insanity which your petitioners anticipate will take place in Shortis as ho grows elder, you will have exorcised a wise, a just and a merciful discretion. Your petitioners most humbly and respectfully pray that you may bo pleased to direct that the sentence passed on Valentine Francis Cuthbert Shortis be not exe- cuted but that he may bo confined in an asylum for the insane. Signed on behalf of the joint Committee, at the Court House, Waterford. this 25th day of November, A. J). 1805. JOEIN RYAN, J.P. Chairman. To His Excellency The JOahl op Aberdeen, Governor General, Canada. TipPERAiiy Union Board IIoom. 30th day of November, 1895. My Lord, — I have the honour to inclose for your Lordship's kind consideration a petition from the Board of Guardians of Tipperary Union, praying fur a com- mutation of the death sentence passed on Valentine Francis Cuthbert Shortis, for the Vaiieyliold miii'dors. I have the honour to be Your Lordship's most obedient and humble servant, Piivy Council. Eeferred to Minister of Justice, J. J. McGee, 11th December, 1895. JOSEPH GUBBINS, Clerk of Union. To His Excellency the Earl of Aberdeen, Governor General of Canada. We, the guardians of the poor of the Tipperary Union, assembled in our bo ird room at Tipperary (Ireland) most respectfully beseech Your Bxcellenoy to consider the case of Valentino Francis Cuthbert Shortis, now under sentence of death for the Valleyfieid murders. Wo believe that the condemned lad was not of sound mind and the universal opinion of persons who had an -'pportunity of observing him is that he is not accountable for his actions. Wo know it to bo the fact that insanity has been in the Shortis family for several gonoi'ations, and we respectfully submit that the evidence which was taken in this case on commission at Waterford was sutlicient to prove that Shortis was irresponsible. We believe that the witnesses who were examined on the commission at Water- ford are men of integrity on whose evidence implicit reliance may be placed, but we fear that their evidence taken on commission had not the same weight as if it were given orally before the jury who would then have had the opportunity of judging of the character and credibility of the witnesses — and we are strongly of 26 opinion that this must have oporntod advorsely to tho prisoner ou the trial esDeci- ally in a cawo which excited intense feeling in the district in which the crime was committed. VVeboiiovotlmt sentence has been passed in this instance on one who throu.^h a visitation of Providotico was unaecountiUylo tor his actions at the time the raurde'^s were committed, and it appears to us tliat the circumstances immediately attendinjr the murdoi- go to prove that the perpotiatoi- was a lunatic. Being convinced of the truth ofwhat we state we feel" it to ho our duty to re- present to lour hxcellency that the case is one in which, for the reasons stated the extreme penalty ot the law should not bo exacted. We therefore hnmbly pray that V.nir Excellency may be pleased to commute the death sentence passed on Valentino Francis Cuthbort Shortis, and to deal with him in such manner having regard to his mental condition as to Your Excellencv snail seem nt. ■^ ber mT*^ ^" behalf of the Board pursuant to resolution of the 19th dayof ^^ovem- MICHAEL D'ALTON. Chairman, JOSEPH GUBBINS, Clerk of Union, Tipperary. Town Hall, rr^ tu r>- u, u !,,>,.. Cashel, 26th November, 1895. To the Eight Honourable ICail of Abehdken. _ May IT PLEASE YoL-R ExcELLENCT.-l havo been directed by the Town Com- missioners to forvyard you the accompanying memorial adoi)ted by the commis- sioners at a special meeting hold this day. J' two LoiumiH [ have the honour to be Your Excellency's most obedient servant, Privy Council. Eeferred to the Minister of Justice J. J. McGee. ' nth December, 1S95. JOHN O'LEAEY, Assistant Town Clerk. To His Excellency the Governor General of the Dominion of Canada. TippeXTlJt^land.''^ *''' commissioners of the township of Cashel in the county of nfC^lhI\ IT Pf-EASE Your Excelle.vcy: W3, the town commissioners of the city of Cashel, at special meeting assembled, do most earnestly pray your Excellencv m'lv be p eased to comrnute the sentence of death passed .,„ V Uon tine Fnmcis S Shortis, a native of Waterford, at Beauhnrnois, in the ,. -vince of Quebec J^irstiy.— Insanity is luTcditary in 1 j^ family to our own knowledL'e'' his uncle and other near relatives have beon confined in lunatic asylums ''''^'^''^'' ' '"' """« becondy-This youth, who is well known to a great Aiany of our citizens from his public acts, was looked upon by them as suttering frmn i .rtlhy of mind fh^f .. hof" -^ ''""^'Zfr ^'^'i''' '^'^ ^■'^^••^^o'-dinary conduct was ofte^vLod 1^ tbem as being incompatible with sanity, vii.wl.u uy Thirdly.— It is not unreasonable to 'suppose that the minds of the iurv mnsf ao^Is^ tSe "commit^ o"/ '"'""""' ''' ■^'^« f ^•""^' ^««""^^' ^'^^'^ ^^^-^ tlToLal ty against tne committal of so sorious a crime hv a stvarurer «;H«.lr T'^ ''y™?'^' ^"^','''^^ ^'°"'" ^-^cellency to give this case that impartial con- sideration for which your high character has always been proverbial m.!i [hat you 27 will give the benefit of any doubt that miij- exint in your mind to this unfortunate younf? follow and direct that ho bo confined in a lunatic asylum. Signed on behalf of the commissiionoi's. DANIEL DEVITT, Chairman. JOHN O'LEARY, Asst. Town Clerk. Sir Charles IIibbert Tuppeb, Minister of Justice, Ottawa, Ont. Montreal, 11th December, 1895. Re Short is. My dear Sir,— I beg to nend you a copy of a letter from Dr. George Villenouve, Superintendent of tiio A>ylum of St. Jean 'do Dieu which I received yeeterdoy. I have communicated this letter to the Attorney General of the province of Quebec and 1 now beg to send you copy of my letter to the Attorney General. I also beg to inclose to you a copy of a letter which I received from Dr. C. K. Clarke, of Rockwood Asylum, Kingston, one of the experts called by the defence,, and a copy of my reply to him. Yours sincerely, D. MACMASTER. Montreal, 5th December, 1895. Dr. Geo. Villeneuve, Surintendant Mddical de I'Asile do St. Jean de Dieu, Longue Point, P.Q. Mr. D. Macmaster, Q, C. Montreal. Dear Sir, — For some unaccountable reason your letter dated November 16th last has come under my notice only j'ostorday. I may say that the only unpleasant feature connected with the Beauharnois case, as regards myself, was my not being able to liear your able address to the jury. But my continuous attendance in court for two months on the Deraers and Shortis trials had told severely on my health, and I had to rest. I have read your address through, as reported in the Star, and I must say that )'ou have shaken my belief in some mitigating circumstances which might be found in the menial condition of Shortis. Thei5e circumstances, though not relieving him of his responsibility, may limit to a certain degree, and consequently mitigate his sentence. The verdict is right according to the law, and one that the Crown was in duty bound to obtain from the jury. And such a verdict only could satisfy public opinion. But the law may be wrong in establishing a fixed criterion of insanity, which does not admit of forms or degrees, and to \vhich all cases must frame themselves, whether it suits them or not. This fact might explain, to a certain extent, the extreme opinions given by the medical men on behalf of the defence. Foi- when a person to \vhom the criterion of the knowledge of right and wrong cannot apply is insane and irresponsible on account of insanity, there is no other way to have that person granted tiie benefit of irresponsibility but for the medical man to go to the extremity of making such a person as being completely dejirived of reasoning power. The medical man must also act likewise when the mental condition of a man is not such that he should carry the whole responsibility of his acts, as he cannot have his views on a responsibility 28 BO constituted accepted by tho courtH, accordiupj to law. On the other 8ido, when a medical man is convinced that a ])ertmmunication with tho (iofenco in this case. If it is in the intoro.-t of justice that my opinion should be known, it should be sought lor by the proper authorities. This is the view I take of this subject, and I will inform the defence of it. Yours respectfully, GEOKGE VILLENEUVE. Montreal, 11th December, 1895. Honourable T. Chase Casgrain, Q.C, M.P.P., Attorney (loncral, Quebec, Que. Queen vs. Shortis. My Dear Sir, — I beg to send you a copy of a letter whicli T yesterday received from Dr. Villcneuve, the Superintendent of the Asylum of St. Jean de t)ieu. He was present at the trial but was not examineil. His opinion to me at tho trial was that Shortis was neither an idiot nor an imbecile and that the only ])Ossible ground for pretending that he was insane was that he might have hallucinations and de- lusions. His study at tho trial was mainly directed as to whether there existed de- lusions or hallucinations and after the evidence was given he exjtressed the opinion to mo that the symptoms of these were no symptoms at ail, and, in fact, his opinion in that respect corresponded exactly with my own, as expressed in my address to the jury. Of course, at first be thought that it was possible Shortis might have de- 29 lusioriH or halliicinatioiiH. Ho ivwuitod tho dovolopmontH of tho proof of them but found tlioy wore unfounded iirid llmt in what ho moans by Hayinjj in his iotter, my addroHH haw rcmiivod his doubts an to thcso. lliw opinion now appears to bo practi- cally limited to whethor fr'hortiH had sufBtdent balance of mind to onablo him to control himsolf. Certainly, natural imbecility or diseaHO of tho mind to an extent sulttciont to piovont tho prisoner from approciuting the nature and quality of his acts and of knowinj^ that tho act of murdor was wron^', has not been proved. If a criminal is to bo oxouHod on tho f^round of more weakness of intellect and if the law takes cognizance of tho dogroos of weakness, indopondontly of the legal tests, then there may bo some ground for considering the views oxpressod by Dr. Villeneuvo. I also beg to tot ward you a letter whith I received from Dr. Clarke, of Kingston, one of tho experts called by tho defence and my reply to it. Yours sincerely, D. macmaster; KiNOSTON ITospiTAri KOR Insane, November 4, 1895. D, Macmaster, Q.C. Tho 'rempio, St. James Street, Montreal. Dear Mu. Macmaster, — The news of tho verdict in tho Shortis case gave mo a queer turn but I am now at liberty to write to you in a way that was not before possibli!, I can seo that the cause you have tollowed is tho one you boliovo in, and even if you have boon a lilllo hard on tho unfortunate exjjerts, wo must put that down to iho givo-and-tako to bo looked for in wai'faro. There is an impression in my mind that you have had more faith in the gullibility of the exports than in tho insanity of Siiortis. For you, Mr. Miicmaster, I have nothing but the warmest per- sonal regard, and I entertain tho greatest admiration for your ability'; at the same time I want to assure 3-ou thai in the Shortis case I gave my evidence, not from tho partisan standpoint, but from the 8landj)oint of conviction. It would have boon the same opiiuon if you bad called mo. The execution of that boy would be a mis- take, in the interests of common humanity, and I am rot mistaken when I say that no more marked case of insanity exists in the wards of Rockwood to-day than the same Shortis. I have not lived among tho insane for twenty-ono years without knowing something of them, and it any one has cause to feel bitterly towards the crimiiuil insane, il^ is I. My wholo lite has been saddened by their acts, and yet 1 believe 1 know how to appreciate tho question of their responsibility much better than any one who has not h:id opportunity to learn by practical experience. The medical position is no theoretical one, and much as it is divided, it is tho one that law must come to eventually. You seem to think that Shortis is free from delusions and hallucinations. Do not deceive yourself about this. It may be quite true that Shortis has made eiforts to escape punishment, even simulated insanity, but novortheless ho is suttbring from as woll-defmetl form of mental trouble, as easy to diagnose as typhoid fever. Surely you will give men like Bucko, Clark, Anglin and myself credit for being ])oh- sosKcd of ordinary intelligence and ability, and able to diagnose that which we see every day of our lives; it is true that in .some casos there may bo reasonable doubt — in this there is none. I have learned to regard you as a big hearted man, full of sympathy and gentle instincts, and I shall be much mistaken if, now after the victory of a verdict has been won, you will not be one of tho first to help prevent a judicial murder that would only aild ono more horror to the dreadful tragedy already enacted. As far as Shorlis'himseif is concerned, it matters not the toss of a copper, as ho is a creature devoid of every moral attribute; for bis poor father and mother it does matter. Canada has long ago earned the reputation of being tho most heartless country in tho world whoro the criminal insane are concerned, and sho deserves it. Wo 80 mnko the honst that tho insftnity docigo cannot bo pluyod upon uh, for wo hang in- sane and mali^^ni'iH aliko. It iw a boaHt wo whould not ho proud of. PorliapH my lottoi'HiKMnH too warm, but I fool that I Unow you well enough to undorntand and appiociato tho faot that it \h my roapoct for you inspiroH mo to maUo tho ajjpoal to do your host tt) havo llio mJHtaUo avoided. If Shorliw is locdcod up for lifo, the inforoHlH of juHtioo will havo boon naliMlied ovon from tho legal Htand- point, and you will havo tho couHolation of knowing that tho possibility of having made a dreadful miHtake ban boon avoided. Your tank waH a griioHomo one at best, and I have no doubt disagrooablo in the oxtromo, but if you jiorfbrmed it, an I honoKtly believe you did, from a stern Bor.BO of duty, thero was natisfaction in tho victory. Now that I havo unburdened niynolf, I nhall fool moro content, as tho matter 18 OIK! on which T fool strongly. ThiH letter ih of course merely a porHonal matter, and quite voluntar}'; in fact known of by no one but my wife, who, by the way, sideH with your view of tho caHO altogothor. If you know how those things upset me, you might easily' oall mo u crank, but if you had lived among the insano as long as I iiavo, and realized how littlo the general jjublic understands tho care, your sympathy would go out, oven moro than it does now, to the most unfortunate class in tho community. Yours sincerely, O.K. CLARKE. Montreal, Yth December, 1895. C. l\. Clauke, Esq., M.D., Rockwood Asylum, Kingston, Ont. My Dear Clarke, — I havo thought very carofuilyovor tho letter which you wrote me in reference to tho conviction of Sbortis, and tho position as far as 1 atii concoi'n- ed, is this : my dut^' was ended when the verdict was rendered and the sentonco pronounced. Tho whole responsibility after that rested with the Minister of Justice. I did not represent the Miiuster of .histicoal tho trial. I repi'osented the provincial authorities — the Crown — ol" which tho Attorney (ionerai of the province of Quebec is the chief officer. 1 could not well volunteer any opinion to the Minister of Jus- tice, and, besides that, the Minister of .lustice has not asked me for my opinion. If ho did, I would have had no object ion whatever to call his attention to tho medical evi- dence in the case, though I do not imagine he requires promjtting in that rospoct. 1 would do this mainly out of regard for youi'solf and Dr. Clark of Toronto, but chiefly on account of my personal regard for yourself Ono very serious -lifTiculty confronts me, namely, that \ am perfectly convinced that Shortis, on tho 1st March, know tiie nature and qiuiliiy of tiioactho was doing, and that ho know it was wrong and punishable by law ; further, that thoro was pre- meditation, design and motive for tho commission of the act. That being so, how could I very well interfere ? I must take the standards ])rovi(lod by law, and' I put these standards fairly before the jury in tlie opening and at the closing, and tho official reports of my remarks will show that. li was a matter entirely fjr the ap- ])reciation of evidence by the juiy, Tho direction of tho judge to the jury was right ; counsel for tho defence havo taken no exception to it, and unless I am to undci'tako to say that the legal standards are wrong, I do not see that 1 have any standing ground in criticising the verdict. Of course, from a medical point of view, it may bo ai-gucd that the legal tests are not sufficient. This is a matter for academic discussion, and it may or may not result in an improvement of tho law. With the law as it is, 1 think the vord'ict is right, audit is for the Minister of Justice to say whether it should bo followed by its legal consoquencos. There is another thing about which i am thoroughly convinced, and as you havo written to mo so friendly, you will not take it amiss if I call your attention to it, namely, that 1 think the doctors had not tho full facts before them when they HI Uriit gave their oplnionM. Thoy appoarod to mo lo have aHMumod certain factH, as the baHJH for tlieir opiriiotiH, tlmt were iion-oxlHtoiit, and tiieir opinionH aio tlierofore impaired by rwiHonot' li>o defective loiind.'itiun upoji whicli they wore rendered. Thin, liowover, \h only u mattei' of opinion, and I may be riyht or J may l)o wrong with roi^ard to it. I weo that Dr. MuiidHley Hiii^'gOHtH that the doctorH and lawyers Hliould j^ot together for the purpoHo of mutual ami friendly dineuKHion, to hco whether a bettor tost ol'(;rimo in inMiinity caHOM oannot be provided. I hoo no objection to that, and if it Hhould come about that a ditferent ntandard in adopted, I will loyally conform myself toil. In the meantime, I miint conform to the HtandardH the laws of my country prencribo. If thoHo Htandards are wrong, it Ih bocauHe our legiHlators have not boei\ convinced by the urgumontH of the sidvoctitoH of thi> now standard. It must be diHtinctly undcrHlood that I have no fooling at all in tlio mutter, and never had any olijoct except to do my tluly and niy whole duty. How I can implement (hat duty now, in view of tbo foregoing Htatomont, it is difticult for mo to seo. I would juHt say to you, en passant, that several people have vemarkeil (o me since the trial (hat the verdict is exactly what the general public would have rendered, and I find that it is almost universally approved. In addiessing the jury, I ilid not conceal from thom my own high opinion of your great abilities, and eminent standing in the profession, and it is a matter of regrot that I am not able to agree with you in regard (o the legal res])onHibility of Shortis. It is some satisfaction, however, to know thai this is the first subject upon which we have ever disagreed. Hoping it will be the last, and that I shall always have the privilege of resort- ing to your great skill and also of maintaining your valued friendship. I am, my dear Clarke, Vovy sincerely yours, I). MACMASTER. Montreal, 13th December, 1895. To the IIonoural»'o Sir Cuaiii.es IIimjEiiT Tiippeu, K.C.M.G., Minister of Justice, Ottawa, Out. In re the Queen vs. T. F. C. -Shortis. Honoured .Sir, — Venturing to cairy the spirit of an amicus curio beyond tho verdict, I venture to say : 1. That, in tho opinion of many, Shortis was ti'ied in a district in which prejudice ])rcventcd a fair trial. 2. As the judge instructs the Jury regarding the law (which every one is presumed to know) they should take instructions from scientists concerning mattors of which the}' ai'o not presumed to know anything, but of which the doctors have made a life study. 3. The scientists, whose positive statements have been sot at naught by an ignorant Jury, are those upon whoso o]iinions learned judges habitually act when restraining individuals from atlministoring their own properties and from walking about (ho streets, because they are deomed dangerous to themsolvos, their families or to the community. 4. The Government acts for a community of whom a respectable number doubt whether tho prisoner is ''esponsiblo for bis acts ; and this doubt will grow, in time, into tho conviction that a Judicial murder has taken place. 5. Tho act itself appears like the act of a madman, though accompanied with some evidence of such cunning as is characteristic of insane persons. (j. Tlio Jury substituted their reason lor tlio doctors' science ; but reason, with- out special experience, is a poor guide to the actions of those who, having lost their reason, act unreasoningly. 32 7. Had this singular being killed himself, a jury .vould have promptly said it was duo to temporary madness — why not a like vordict in this case? 8. Had Mr. and Mrs. Shortia been the parents of other children, they would have seen, by comparison, that ho was insane and would have kept him at home. He was doubtless afraid of his father and concealed his nature from him. The late* Chief Justice Redfield, author of "Rodtiokl on Wills," and other works told the undersigned that, by simple will-power, he was able to keep his insane wife in check, when another person would have sent hor to an asylum. 9. The law ought to compel juries to hood scientists. In default of this the only evidence which learned gentlemen regarded as important has been, 'by a relatively ignorant jury, utterly despised and di regarded. Trusting that you will pardon so long a letter in a matter in which I have received no fee. I have the honour to be Your obedient servant, F. W. TEERILL, To His Excellency Ihe Earl of Aberdeen, Governor General, Ottawa, Canada. The petition of the undersigned guardians of the poor of the Clogheen Union County Tipperarj', humbly showeth : ' That your petitioners have hoard with extreme regret that the sentence of death has been passed on a young man nanu'd Valentino'Prancis Cuthbert Shortis a native of Waterford, such sentence to take effect on the first week of January next. ''^ That your memorialists have heard, and fully believe tiiat the said Valentine Francis Cuthbert Shortis has been of weak intellect from his youth upwards and could hardly be held responsible for his acts. " "' That such being the case, we would most respectfully beg Your Excellency to use youi- mercy and clemency towards the unfoi'tunato 3'oung man by commutino- the death sentence to such other punishment as you, in your wisdom, may deem sufficient. And your petitioners, as in duty bound, will ever pray. Signed on behalf of the above named guardians. PATRICK O'DONNKLL, Chairman. MICHAEL F. ROSS LOMERGAN, Clerk of Union. The Right Honourable J. Chamberlain to the Earl of Aberdeen. DowNiNo Street, 28th November, 1895. The Orovernor General, The Right Honourable The Eabl oi' Abkfidken, P.C,, G.C.M.G, &C., &.Q., &C. My Lord,— I have the honour to transmit to you for your consideration the accompanying copy of a letter from Sir A. B. Forwood, Bart., M.P., forwarding a petition addressed to Your Lordship by certain persons lesiding 'in or near the city of Livor])0ol. in which they pray for a commutation of the" sentence passed upon Valentine Francis Cuthltert Shortis, recently convicted of murder at Beauharnols, in the province of Quebec. 1 have, &o., „.,,., J. CHAMBERLAIN, -rrivy C'Ouncil. Referred to the Minister of Justice. J. J. McGee, Uth December, 1895. 33 3 Crosby Square, London, E. C, rr,^ ^. , „ 27th November, 1895. The EiRht Honourable Joseph Chamberlain, &c., &c., &c. Dear Sir,— I am desired by several respectable and influential constituents of mine to forward to you the inclosed memorial addressed to the Right Honourable the Earl of Aberdeen, praying for a commutation of the sentence passed upon a man of the name of Valentine Francis Cuthbert Shortis, and I beg respectfully to ask that you will be good enough to forward it to its destination. I am, &c., A. B. FORWOOD. Memorial from tlip City of Liverpool. 25th day of November, 1895. To His Excellency Ae Right Honourable the Earl of Aberdeen, Governor of Canada. The memorial of the undersigned persons residing in or near the city of Liverpool ghoweth : ' That Valentine Francis Cuthbert Shortis, who has been recently convicted and sentenced to death at Beauharnois, in the province of Quebec, for a double murder committed by him at Valleyfield, is a native of the city of Waterfot-d, Ireland and at the time of the murder was only twenty years of age. That Valentine Francis Cuthbert Shortis for many years previous to his leaving Waterford, conducted himself in an extraordinary and foolish manner, and was reputed to be of unsound mind. That many members of his family have been insane and have been confined in lunatic asylums, insanity in the family havino- been transmitted through several generations. ^ That your memorialists, from repute, regarding the mental condition of Valen- tine Francis Cuthbert Shortis, believe that he was not accountable for his actions. That the murder would naturally excite great indignation in the district" in which it was committed, and your memorialists submit that the circumstances attending the murder would so operate on the minds of the jury as to prevent their giving full weight to the evidence in support of the defence of insanity. That your memorialists, submit that, although the jury did not adopt the views held by j'our memorialists still that the evidence given viva voce, on the trial and the depositions taken on commission in Ireland, were sufficiently strong to establish such a case of weakness of intellect in the condemned youth as to render him morally irresponsible for his actions at the time of the murder. Your memorialists therefore humbly pray: That it may please your Excellency to direct that the sentence of death passed on Valentine Francis Cuthbert Shortis may bo commuted, and that he may be ordered to be confined in an asylum for the insane, your memorialists prayin" that if your Excellency should entertain any doubt as to the justice of the dread sentence* your Excellency may be pleased mercifully to give the benefit of that doubt in favour of this memorial, for a commutation of the sentence of death. And your memorialists will ever pray. THOS. H. ISMAY, J.P., D.L., Liverpool. E. G. ALLAN, do THOS. HOLDER, J.P. and 127 others. 42—3 34 Irish Cattle Traders' and Stockowners' Association. DtTBLiN, November 30, 1895^. May it Please Your Excellency,— I have the honour to forward to you the following resolution, which was unanimously passed on the 28ih instant, at a meeting of the Committee of the Winter Show of Fat Stock, &c., to be held at Ball's Bridge on the 12th and 13th prox. : " That His Excellency Lord Aberdeen be asked to exercised his prerogative of mercy and reprieve young Shortis, the committee being unanimously of opinion that an inquiry would prove him to have been insane and unaccountable for his actions.' The members of the committee who were present at that meeting were: ?.Ir. William Field, M.P., President of the Irish Cattle Traders' and' S Stock- . J.P.; C. Grimes, T.C. ; J. Hatch, T.C. ; E. Eobinscn, P.L.G.; Hon. Secretary of the Kathdown Agricultural Society ; J. Booth, Douglas, Isle of Man; J. EobertHon, junior ; G. J. Keogh; Professor Carroll, Agricultural Model School' Glasnevin ; S. Carter, Oldham, Lancashire ; J. Curtis, Vice-President of the Irish Cattle Trvaders' and Slockowners' Association ; W. P. Delanej-, Hon. Treasurer of the Winter Show Fund, and Hon. Treasurer Dublin Victuallers' Association ; R. Smith, J.P. ; Patrick Greaves, President of Dublin Victuallers' Association 'and Vice-President of JSational Federation ol Meat Traders ; Frank Smith. From the experience gained by Your Excellency during your vice-royalty in Ireland, it must be at once apparent that these names re] esent leading men of all sections of Irish politics, besides two Englishmen from Douglas and Oldham. They have cordially agreed to urge on Your Excellency the exercise of this act of clemency which is your vice-ro3'al prerogative. May I respectfully add that, as so many of these gentlemen are themselves magistrates, it can hardly be supposed that they wish to interfere with the proper administration of justice, the reason why they all so cordially assented to the above resolution being that young Sbortis was notoriously afflicted with mental aberration foi- a long time, before his unhappy father, acting on advice, sent him out to Canada in the hope that change of scene and novelty of occupation would restore hi to his senses. I have the honour to be Your Excellency's obedient servant, His Excellency The Earl op Aberdeen, Ottawa, Canada Province of Quebec, District of Beauharnois. m THOMAS SHEELOCK, Secretary. Court of Queen's Bench. The Queen vs. Valentine Francis Cuthbert Shortis. We, the undersigned, Henri C. St. Pierre, George G. Foster and James N Greenshiolds, being duly sworn upon the Holy Evangelists, do depose and say- That we wore and aie the counsel retained for the defence of Valentine Francis C. Shortis, accused of murder, and defended him at the trial had in the district of Beauharnois, on the first day of October last. That we have been the only counsel who have had charge of the case from its inception in March last till now. That iraraodiatoly after the commission of the offence, and so soon as wo bad communication with the prisoner, we were then, and are still, of the opinion that he was and is insane, and all the facts developed during the said trial and since have but strengthened our original opinion as to his mental condition 35 That in the preparation of the defence we were unable to obtain from him a single suggestion, idea, or the name of any witness that could in any possible way assist us in pressing his case before the court. That from the day following the commission of the crime till now, he has been utterly indifferent as to the consequences of the trial, and has taken no interest whatever in the labours of his counsel, nor as to the result of his case. That he could not and did not give us any information upon which we could obtain evidence in Ireland or in Canada, and all the information upon which we ob- tained evidence in Ireland was procured by friends there, and communicated to ua through his, the prisoner's, father's counsel. That in all our experience in criminal trials, extending over a great many years, we have never seen a criminal trial had in this country where the jury in the case were prejudiced to such a degree as were the jury in this case. That every attempt possible to obtain a change of venue was made and refused, although the circumstances surrounding the case were sufficient to justify a change of venue, but an application to that elfact was refused, although supported by over 50 affidavits of respectable citizens of the district of Beauharnois, who swore that, in their opinion, a fair and impartial trial could not be had. That the facts alleged in the petition we have this day presented to Your Excellency are true, each and every" of them, And we have signed, H. C. SAINT PIRRRB, J. N. GREENSHIELDS, GEO. G. FOSTER. Sworn, taken and acknowledged before me, at the city of Montreal, this 13th day of Decembei", 1895. B. Shepherd, Commissioner, (tc, District of Montreal. To His Excellency the Right Honourable Sir John Campbell Hamilton Gordon, Earl of Aberdeen, P.O., LL.D., Viscount Formartine, Barron Haddo, Methlic, Tarves and Kellie, Viscount Gordon of Aberdeen, Baronet of Nova Scotia. The humble petition of your petitioners represent : That your petitioners were retained for the defence of Valentine P. C. Shortis, accused of murder and tried and convicted of such crime and who now stands sentenced to be hanged on the 3rd day of January next, at Beauharnois in the province of Quebec. That the defence offered to the said charge was a plea of insanity. That your petitioners, recognizing at once that the public mind was violently prejudiced in the district of Beauharnois against the prisoner, and that in their opinion a fair and impartial trial could not be had in that district, applied for a change of venue to another district in order that justice might be had. That the said application was rejected, although supported by over fifty affidavits of prominent citizens in uo said district who swore that a fair and impar- tial trial could not bo had. That the entire panel of jurors on examination admitted, and oven the twelve jurors sworn to try the case admitted that they had strongly settled opinions as to the guilt of the prisoner, and those jurors rejected from the panel were so rejected because they swore that no evidence could change their opinion, whilst the twelve who tried the case swore that, although they had already formed an opinion as to the guilt of the prisoner, at the same time they thought if sufficient evidence was put before tiiom as to the insanity of the prisotiur, Lliat thoy would give it duo and proper weight, and on such declaration they were admitted. That twelve jurors could not be found in the entire panel and a venire de novo had to be ordered by the court in order to obtain twelve jurors. 42— 3i 36 The public prejudice and opinion ran very high against the prisoner through- out the entire trial. That the defence ottered in ovidenco medical testimony of the leading specialists of the Dominion who unqualifiedly swore before the jury that in their opinion the prisoner was at the time of the commission (if the olfence, and is now labouring under natural imbecility and disease of the mind to such an extent as rendered him then and now incapable of appreciating the nature or quality of an act, and knowing that such act was wrong, and was, at the time of the commission of tho offence, in a state of unconsciousness and disease of mind by which a free determination of his will was excluded and was in a state of madness and was innane. That in our opinion the jury attached no importance at all to the medical testimony, to which medical testimony your petitioners respectfully call your Excellency's attention. That no attempt was made by the Crown to contradict the medical evidence adduced on the part of the defence. That in the event of your F^xccllency having any doubt as to tho sanity or insanity of the prinoner, your petitioners would respectfully ask that your Excellency do request a special report upon the facts herein alleged from the learned judge, the Honouiable Mr. Justice Mathieu, who presided at the trial. That in the opinion of your petitioners, Valentine Francis Cuthbert Shortiswas not responsible for his acts on the Ist of March last and was at the time and is now insane. That your petitioners respectfully refer your Excellency to the medical evidence and should the same not be sufficient to satisfy your p]xcellency's mind as to the insanity of the prisoner, that your Excellency may be pleased to exercise the royal prerogative and order a medical commission to be appointed to examine and report upon the sanity or insanity of the prisoner Valentine E. C. Shortis, and that pending the labours of the said commission, a reprieve be granted for such delay as may be necessary. Wherefore your petitioners humbly pray that your Excellency, in the exercise of the royal prerogative may be pleased to commute the sentence of death against Valentine Francis Cuthbert Shortis to imprisonment for life, and that should your Excellency not be satisfied with the evidence now in the recoi'd, that vou may be pleased to appoint a medical commission to examine and report upon the mental condition of the prisoner and pending the labours of such commission, that the prisoner may be re])rieved. And your petitioners as in duty bound will ever pray. H. C. SAINT PIERRE, J. N. GREBNSHIELDS, GEO. G. FOSTER. Board Room, Cashel Union, 7th December, 1895. To His Excellency Lord Aberdeen, Governor General of Canada. Your Excellency, — I have the honour to transmit to your Excellency by direction of the Board of Guardians of this Union the accompanying memorial of the board unanimously adopted after due notice, at the guardians' meeting on the 28th ultimo. I have the honour to remain, Your Excellency's obedient servant, WM. PHELAN, Clerk of Union. Privy Council. Referred to the Minister of Justice, J. J. McGee, 16th December, 1895. 37 To His Excellency Earl Aberdeen, Governor General of Canada. The memorial of the Guardians of the Poor of the Cashel Poor Law Union in the county of Tipperarj, Ireland. May it Please Your Excellency : "We the guardians of the Cashel Poor Law Union most humbly piay that your Excellency may bo pleased to order a commu- tation of the death sentence ))a88ed on Valentine Francis Cuthbert Shortis, a native of Waterford, and only twenty years of age, at Beauharnois, in the province of Quebec, for a double murder committed by him at Valloyfield. Firstly.— Insanity has existed for generations in his family, his uncle died a few years ago in a lunatic asylum and other near relatives have been confined in similar institutions. Secondly. — Having always been an abstainer from intoxicating liquors before leaving Ireland, his extraordinary conduct at fairs and public places was attributed to weakness of intellect and in many instances was looked upon as presenting symp- toms of insanity. Thirdly.— A strong feeling of indignation must have existed in the locality against the committal of so serious a crime by a stranger and must nuturally have operated on the minds of the jury in considering the case. In fine, we beneech that your Excellency in the exercise of your merciful and impartial judgment will give to this young fellow the benefit of any doubt that may exist in your mind as to his sanity and commute the death sentence. And your memorialists will ever pray. JAMES WALSH, Chairman. MICHAEL EYAN, D. V. G. THOMAS PRICE, Guardian, and 19 others. To Sir Charles H. Tuppkr. Montreal, 9th December. Dear Sir, — Pardon me if I have been forward in addressing you, but in the case of Valentine Shortis, what if he has been put upon in a way to raise the mad- man in him by being interfered with, in being deprived of his work, or a recommend being withheld, depriving him of an opportunity of residing near the object of his affection, the Anderson girl. I do not say this as an excuse for what he has done, but as an object to excite his wild feelings. I io not know him, I have never seen him, or have I been in that vicinity since he catne there. But Superin- tendent Simps(m, of the Cotton Mills of Valleyfield, I know who he is well ; I tried to work for him the first year he came to Valleyfield; a more unfeeling brute I never tried to serve. Shortis, going ai'ound vviih his revolver, was never no much of a terror among the people than what he use! to be to the poor people who were trying to earn a living on the work he was appointed overseer. When he would come in there half full of liquor he would spare no one, discharging the people who worked in peace there for years. There was no way to avoid his ill will; but I do not refer to poor workers or bad people, but to good workers. But, sir, it is of my own experience with him that I wish to speak. I had six looms allowed me from Superintendent Willson, predecessor to Mr. Simpson. Things went on very well with me till Simpson came along, then there came a change ; everybody had to hurry, me especially. I had been weaving, previous to that time in the town of Lowell, Mass., ten years; had taken three recommends on different work where my superintendents wore kind and considerate in dealing. For Simpson I could not do enough. I worked till I sprained my chest; one side is slipped out of place, an injury that cannot be repaired, a hurt that will remain with me all the days of my life. Old Simpson was the cause of that ; it was a lift taken while on his work, hurrying, to please his crazy whims. Then I did not know it had hurt me so much, or did I 38 speak of it at the time the brute took my work from me, and I had to go among strangers to earn my living with that injury on me. The morning he put another hand on my work, 1 weni to Mr. Peltier, Priest of the Church at Valleyfield wao frequently used to go to the mill office as mediator for the people, or write aud settle little things, avoiding miserable consequences, with former superintendents. When I went to him ho wrote quite a long letter to him, gave it to me, and told me to carry it to Mr. Simpson and awaii a reply. I wailed two hours in that same office where that tragedy occurred, but Simpson, ungentlemanlv that he is, me or the Eeverend gentleman's letter he never noticed. That is four years ago, the letter is unanswered yet— I think if it was a bill to hang me I would have got a reply ere now. The sprain on my chest I have shown to some of the best doctors in this part of the country; one of them is Dv. Bergin, of Cornwall, Ont., (ho used to be member for that place) ; none of them could help me. In the name of God, and that trouble l^^^\foyevGr have to bear, I ask of you, honourable people of Ottawa, to spare the life of Shortis, of Valentine Shortis; the h .'^cr-.iig of him will bo the killing of his^ mother. Whore is the use of taking more livvs «' Send him to a penitentiary for life, or a crazy house ; if there is anything siino about him he may repent o>e death It seems he is not very healthy. 1 am corry I did not see the trial in full or get the reading of it, or know more about it. I road the tragedy ; it was dreadful- he must be crazy, mad, fool! Poor boy! What I tell you concerning myself is truth. I have proof for every word. There are those who saw mo when hurt I haven t been able to weave since. I remain yours respectfuUv, MARY P. QUINN, 72 S. Mathiew St., Montreal. I believe Simpson is to blame. I feel sure he is a great deal to blame for that trouble by his hot, impetuous and bad temper. Ho might be kindly to the poor lone lad. I know how harsh he is, that is why I speak. 1 know how he treated me and others. When he got down on him ho was no better. Dear sir, mercy for the boy and his poor parents. Yours truthfully, MARY P. QUINN, Victim of Simpson's harshness. To ihe Honourable the Minister of Justice for the Dominion of Canada. The memorial of the Town Commissioners of Tipperaiy in Ireland, showeth : That Valentine Francis Cuthbert Shortis, who has been recently convicted and sentenced to death at Beauharnois, in the province of Quebec, for a double murder committea by him at Vallcyfield, is a native of the city of Waterford, and at the time of the murder was only 20 years of age. That Valentine Francis Cuthbert Shortis, for many years previous to his leaving Waterford, conducted him.o fin an extraordinary and foolish manner, and was re- puted to be of unsound mind. That many members of his family have been insane and have been conhnod in lunatic asylums, insanity in the family having been trans- mitted through several generations. J h ^^ That your memorialists from their own observation and from common repute regarding the mental condition of Valentine Francis Cuthbert Shortis, believe taht he was not accountable for his aclioriH. ' That the murder would naturally excite great indignation and prejudice in the district in which It was committed, and your memorialists fear that the circum- wao 39 stances attending the murder might so operate on the minds of the jury as to pre- vent their giving full weight to the evidence in support of the defence of insanity. That your memorialists submit, although the jury did not adopt ihe views held by your memorialists, still that the evidence given viva voce on the trial, and the depositions talcon on commission in Ireland, were sufficiently strong to establish such a case of weals of intellect in the condemned youth as to render him morally irresponsible for his actions at the time of the murder. Your memorialists, therefore, pray : That you may be pleased to dii-ect that the sentence of death passed upon Valentine Francis Cuthbert Shortis may be commuted, and that he may bo ordered to be confined in an asylum for tho insane, your memorialists praying that if you should entertain any doubt as to the Justice of tho dread sentence, you may be pleased mercifully to give the benefit of that doubt in favour of this memorial for a commutation of tho sentence of death. Signed on behalf of the said Town Commissioners of Tipperary this fifth day of December, 18t)5. li ■ J J. F. O'EEGAN, N.R, C.P. and S.B,, Chairman. JOSEPH DAWSON, Town Clerk. Montreal, 17th December, 1895. Hon. Sir Charles Hibbert Tupper, K.C.M.Gt., Minister of Justice and Attorney General, Ottawa, Ont. Dear Sir,— As you are aware a petition has been presented to the Governor General in Council aslcing that the sentence of death pronounced against Valentine Shortis be commuted to imprisonment for life, upon the ground of his insanity, We desire in this letter to call you attention to the particular grounds on which we base our hope of succe-ss. First, with regard to heredity. There is ample evidence in the record to show that tho prisoner was predisposed to be insane and that from his birth his acts indicated a continuous growth of the disease. Second, the deed itsolf, with all the circumstances that surround it, point to its being the work of a madman and a madman alone. Third, there was no motive for the crime because the record discloses the fact that the prisoner is an only child, his father being worth a quarter of a million dollars, and ho would only have been too glad to have seen him " settle down " and marry Miss Anderson (or anyone else) and would have amply provided for all his wants, as he had always done in the past. Fourth, the record contains for the defence the depositir is of four of the leading doctors in Canada all of whom have sworn that the prisoner was insane on the first of March, is insane now, and is hopelessly and permanently insane. Fifth, we claim that the fact that we had t-^- exhaust a panel of jurors, and only succeeded in getting twelve after the second panel of sixteen had been examined is evidence of the feeling of prejudice in the district that prevented hira getting the fair trial that British justice demands that he should have. Sixth, we would respectfully ask you before coming to a conclusion to obtain (if necessary) the opinion of the judge who tried the case as to whether he considers the extreme penalty should be inflicted. We would call your attention to the fact that the Crown produced no medical evidence to rebut that of the defence. The record also contains the sworn affidavit made since the trial of the four doctora for tho dofenco and of the unuorsignod, his attorneys, who state that in their opinion the prisoner was mad when the act was com- mitted and is mad today. 40 n *?^: T',"®"®"^® ^ho was retained by the Crown and remained in court durinir all the trial was not put in the box, and we are informed that he considers Shortis to have been irresponsible for the crime with which he ie charired „Q.Wo reHpoclfully submit that the petition for the commutation of the sentence ot Bhortis should be granted, and remain, Your obedient servants, H. C. SAINT PIEERB J. N. GREENSHIELDS GEO. a. FOSTER. TT -'r '"^"'^'•'j"^'^« '" thediitnct that prevented him geS^g the tair trial that British justice demands that he should have ^ bixth. We would respectfully usk you before coming to a conclusion to obtain theTxTZ?^ the opinion of the judge who tried the case as to whether^ considers the extreme penalty should be inflicted TnTZi. A ! ^YVIJH "^'^T'- ^^^ ^''^^'■^ ^''^0 contains the sworn affidavit made since the trial of the iour doctors for the defence, and of the undersLmed h s s^atL?;:^^;: - '''" ^^^-''^^ *^« ^^''^^'^^^-^ -^ «'^- ^^^ -'-'-- all th^e'tliai'w?'''' ^'"' T' ''*'rf ^y ^^"^ ^'•''^"' »"d '-emained in court during all the trial, wa. not put in the box, and we are informed that he considers ShortiH to have been irresponsible for the crime with which he is charged. Your obedient servants, H. C. SAINT PIERRE, J. ^. GREENS 111 ELDS, GEO. G. FOSTER. 41 m. „ L. Montreal, 18th December, 1895. The Honourable , Sir Charles IIibbert Tupper, K.C.M.G., Minister of Justice, Ottawa. Mt Dear Sir Charles,— In view of the interest taken in the Shortis case, and the diversity of opinion as to his state of mind and responsibility, 1 would suggest that you ask the Crown prosecutor, Mr. Donald Macmaster, Q.C., for his opinion. He, of course, was present during the whole of the trial, and if appealed to, I should fancy would be able to give an opinion of some value. Faithfully yours, W. B. IVES. rn, TT , , 19th December, 1895. The Honourable W. B. Ives, Minister of Trade and Commerce. My Dear Ives,— I have your letter of yesterday's date suggesting that Mr. Donald Macmaster, Q.C, be asked for his opinion in regard to the Shortis case. I have done so by wire to-day. Yours faithfully, CHARLES HIBBERT TUPPER. „. , Peppardstown, Pethard, Tip. (Ireland) 6th Dec, 1895. The Honourable Sir HiBBERT TuppER, K.C.M.G., Minister of Justice. Ottawa. Dear Sir Hibbert Tupper,— You may remember that we crossed over to Canada on the " Parisian " in August, 1893, together, and that I was one of the agri- cultural delegates to report on the farming prospects in the Dominion. What I wish to write you now about is a dreadful case of a young fellow most respectably connected who has been convicted of a most dreadful murder and has been sentenced for execution on the .3rd of January. The young fellow's people lived in this im- mediate neighbourhood and were highly respected, but long before the young fellow was even heard of his people were known not to be of the soundest mind. I can quite remember his uncle being tied down in a cart and conveyed in that manner to the District Asylum in Clonmel, and 1 may add that before the murder when the lad was in Waterford, [ was told he was not in his right mind. I should be sorry to think that the Canadian people would be led astray by any statements that are not absolut'^ly correct, but I fear the murder was such a bad one that their feelings are not calm and cool enough to inquire into the question of sanity, for after all if the crime was far more and if the man was not answerable for his actions why should he bo executed? I write to you begging that you would have the great mercy to recommend his Excellency the Governor to commute his sentence. Dear Sir Hibbert Tupper, Sincerely yours, JEEOME J. GUIEY. 23rd December, 1895. Jerome J. Guiry, Esq., Peppardstown, Fethard, Tip,, Ireland. Mt Dear Mr. Guiry,— Your letter of the 6th inst. in regard to the Shortis case has duly reached me. In reply, I bog to assure you that your representations 42 will have most careful connidoration boforo Ilin Excelloncy is advised either an to the law boiri^' allowed to take its couiho, or as to commutation of the rioiitenco. With kind roj^ards, believe me, dear Mr. (xuiry, Yours faithfully, CHARLES IlIBBKRT T UPPER. rru„ TT ■ , Montreal, 23rd December, 1895. Ihe Honourable ' Sir Charles Uibbbrt Tupper, K. C. M. G., Minister of Justice, Ottawa,' Ont. The Queen vs. Shortis. My Dear Sir,— r have Just this moment received your telegram statini; that ray report should bo in Ottawa to-morrow moining without fail. ^ J As prosecuting counsel, I have really no report to make'. I imagine the iu ise has been called upon to make a report and that he has done so. That is his function As your telegram, however, implies that you expect me to make some report f will do 80 (hough It must, necessarily, be imperfect, as 1 did not receive your tele- gram until four o'clock this afternoon. j- ^ o>o I suppose the main question is, should the sentence of the court be executed? , upon that, o course, you are the supremo judge and the responsibility must rest with you. i know you are not afraid of responsibility and I am quite sure that you will endeavour to come (o a correct conclusion. In '-ogard to the trial, it cannot bo donbted that it was absolutely fair. Every- one of the 12 jurors was challenged for cause and was not accepted until found acceptable to the coan.el for the defence. In many cases, when it appeared that other jurors called were biassed, the Crown admitted the challenge. The jurors wore exceptionally intelligent and I cannot conscientiously say that any of them appeared to be swayed by prejudice. Of cou.-se, it is natural that in the district there should be more or less abhorrence of the crime committed, but that is a totally different matter from prejudice against the prisoner, and this distinction is well made by Chief Justice Denman in the case of King against Ilolden, 5 Barnwell k Adolphus, 347 tnWpn'fi -/r?!, ff""' th« «'i?'-Ke was absolutely impartial. No exception was tauen to it by the defence and there is no exception to any i-uling of the trial judge on iia r.iP^.?\^^^''V^ ""^ applioation to the Court of Appeals for a new tdal on the ground that " the verdict was against the weight of evidence" under the pro- visions of Article 747 of the Criminal Code. ^ « Hn.?5® T'fi q»««lion..therefore, is, whether you, as Minister of Justice, " entertain rhJ^ I TT Af •' ;b« P!''«oner ought to have been convicted " in which case you may think i-r^er "^ ■^' '"""''* *"" ''"'"™''^'' ^^^ sentence, after such inquiry as you in «HHftf!!^'^i"f/T'" '■®'*"®^^ f ^" ^°1"'''y addressed to myself, I have only to add in addition to the foregoing observations, that assuming, as it must be assumed that nnJ, /' '""''Kf.f "'■^'■'^ '^''^""'y' '^'^^"^ ^^*«^ there' can be no doubt_Z 'mafn ?nJ?nl !L-Jl'- '''!! 1 th^Pf f °ei- to have been convicted upon the evidence ? Was he insanewithin the legal defamtion of insanity? Did he know what he was about? wn w^.n'"°'^ H ""^ fi f "u 1?"''^>' ^^ ^h'^ "«' ''^ ^^« ^«i%' ^"^ did he know that it wah wrong and punishable by law of the land ? Jpon these points I can add nothing to what I said in my address to the jury. Ihe appreciation of the evidence was the special function of the jury. Undir don FalTno^f"^ ^^ J'.r'.'V'PTr." *" ™« ^''^* th« J»'y '^"'^ to a cirrJct conclu- sion. Four doctors said that they believed the prisoner was an imber.il« ,,nd wh- dn?« of Thi tl J" d' V«t «PPteciate the nature of his acts on the Ist'of March, the stainpH thp Th^- ^"' ^r '^" ""y '^""^^" ''"•"g ««y t^^^t ? I believe that hey stiained the.r evidence in order to make their views conform with what they thought 43 the law ouf/ht to he, not tvhat the law is. Ah a^ainHt thoir opinion, there is the dintin- guiHhed authority of Dr. Muudsloy, whom they all acknowlodjrod a^^ the trreatost authority on iho Hubject, that " no poiHon however acute can dive into the dopthB of another porHon'n mind aiul icnow what ho does not know himHelf, how tar hiH con- BciousncHH of rif,'ht and wrong ig vitiated on a particular occasion." (Soo pamphlet 133). And there is the dintinct evidence of I)r. Oarner, adiHlinguiniied medical man called for the dcfonco, that the pruHonce of a motive in the form of a large sum of money, in the circuniHtancos existing in this case, would go to rebut the idea that the crime originated from insanity. (Pamphlet 131). Again, it must bo romomborod that the medical definition of insanity is quite different from the legal dotinition. For under the logiil ilofinition, insanity includes natural imbecility and diKoano of the mind, whereas, under the medical delinition insanity does not include imbecility or idiocy. ' In the present instance, the d(jctors stated that the prisoner was both imbecile and insane. Imbecile ho certaitdy was not, according to the evidence and accord- ing to the highest legal (see telegram) authority, within the definitions of natural imbecility contained in the liooks of law. His insanity, troaiing insanity from the medical point of view, turned upon the ex'stence or non-oxistence of certain symptoms. The symptoms given by the doctors were completely pulverized in the course of cross-examination. "^ The only question that has embarrassed me with regard to the mental condi- tion of the prisoner, is as to whether ho possessed sufiicient mental control to restrain himself from the commission of rash and wicked acts? The lack of control is intimately connected with heredity, and there can be no doubt that the grandfather (on the father's side) of the prisoner, died from softening of the brain, developed, however, about 32 years after the prisoner's father's birth and when the prisoner himself was about tour years old. There is evidence, too, of epilepsy in some of the collateral relations. But it cannot bo said that this taint affected the blood flowing in the prisoner's veins. I need hardly say to you that up to this time the existence of insanity in one's relatives is not a ground for an excuse for the commission of crime, if the criminal knew what he was about at the time he committed the crime. That point is well discussed in Regina against Burton, 3 Foster & Finlayson, page 780 (see pamphlet 175). If it was not for the presence of motive for the commission of the crime, I would be inclined to say that the prisoner's mind must, at all events on tho par- ticular occasion, have beci unbalanced to an extent sufficient to affect his power of self-control. Hut a largo sum of money being present on tho scene and a previous suggestion that the mill could be easily robbed, combined with tho design in the execution of the crime, are powerful factors that it is difficult to disiegard. I must also cull your attention to the fact that tho prisoner first fired at young Wilson, who might most conveniently escape, though as a matter of fact, Loye, who was killed by the second shot, bad a revolver in his pocket. It does not appear, however, that the prisoner knew th'it Loye had a revolver, though if he did, one would naturally suppose that he would uist dispose of tho man that was armed. Little, or, if I remember, no stress was put upon this point by the defence at the trial. It would really appear that tho prisoner did not know that Loye had a rovolvoi- in his pocket, for, if he did, and he intended to kill all present, one would naturally have supposed that ho would have shot Loye first. One other point that may, in your mind, weigh in favour of the prisoner, is the fact that the oil was taken out of the lamp that was carried by Leboeuf and apparently a waistcoat was soaked into it and put upon the top of the sjjittoon which lay in the mill office and near the door of tho safe. Whether this was the intelligent preparation for the firing of tho mill or whether it was the act of a madman, is a matter of speculation. I think it was unfortunate that the trial Judge did not allow evidence of the prisoner's mental condition after the commission of the crime and did not permit the filing, by the Crown, of the letter sent by prisoner to one of his friends in Val- leyfield, and also did not take tho evidence of the jailer, Mr. Valine, of Montreal, as m I 44 to priHonoi'H mental condilion while in his custmly. This evidence wuh disallowed when orteml by the (.Vown. [h it ntill too late for yon to take Mr. Valine's Htate- mont under the power .,| inquiry conlbrred upon you by law, or to take ihe Htatemonl of Dr. Girdwood. who hoard part of the ovi.lenco, and of Dr. Vullde who hoard the whole evidence? ♦•■uu, wuu 1 fully recognize the grave roHponsibility placed upon you, and I trust I have in no way embarruHHod you by those imperfect observationn. which I have endeavour- ed to p ace before you with absolute fairnohs, disdosinK as thoy do the two or three points that in my judgment make most for the prisoner T r^-Tu ^''^ i.' T-^' '"""■""'' "'■^'«''*' ''y I^r.T. G. Cloiiston, in the E.linburtrh Judicia liev.ow for January, 1895, p. 38. on the subject of Ar'rosted Development e hv?h'« nffln 'ft.""*^ ^ "'r ^'*? to '"clo«o ty yon a copy of the pamphlet plblish- ed by the OtHcial Stenographers in the case of the Quoon against Shortis. I am, ray dear Sir Charles, Yours sincerely, rrr-.y. . , ^' MACMASTBB. With two inclosuros. MoNTBEAL, 24th December, 1895. Telegram. To Sir Chables Hiubert Tupper, K.C.M.G., Minister of Justice, Ottawa. On page throe line six my letter after the word proper a'-" the prisoned through his counsel pleaded a special plea in writing, as follows:— " That at the time of the commission of the acts alleged in the indictment the KirtlTInde oT'*^- ""''', r"^l!^^' •""^'^^•••^y '^"^ ^•--'^^ -' the mTnd to such an extent as rendered him incapable of appreciating the nature and quality of the act and IsTdX a'?nt't '','r' r^ "!>'' "^^' ^"^ '^' ''"-'' '" a\tate^.f uncoivsoio is- ness and disease ot mind by which a free determination of his will was excluded and was in a state of madness, and was insane." oxciuaed, i\.\ lY^ ^/'nt^^ -was had upon the said indictment before a jury, and on Sunday the and onVnn?^'T.^"'/"'fr'; " vcidict of " guilty " wis Snderod by trio>ry! and on Monday, the fourth day of November instant. His Honour Mr. Justice 46 MullmMi, who prosided over tho (rial, condemned tho priHoner to bo executed on the thud day of Janimry next. Tliat a conuniHHioii i«Huod for tho exaininulion of witnoHMOH in Groat Britain and Ireland ..n Mmlf of tho dofonoo of tho said |)ris«nor, and un-lor said comminhion some torly-oijrht witnoHHOH woro examined ii> Iroland which Haid commisHion wan duly roturnod before the court and the ovidonco of tho witne«.ses road before tho jury and w hud. naid witnoMsoH >,mve ovidonco as to tho early life, JuibitH and mental condition of the prisoner up to tho timeof his leavin^r Ireland for Canada to wit un to tho nionth of rtoptcmher, ei,t,'htoen hundred and ninotythroo. ' ' u . Thatajrroat nunil)or of witneHHOH wore also examined Wore tho court on behalt ot the (lofonco. ^""it un That amon^ tho witnesHoH examined on behalf of the defence were Doctor R M. Uucke, Siii.eriMtoiidenl of tho London Lunatic Ahylum, and PiofosHor of Mental DiHoascH .)! the UniverHiiy of London ; Doctor C. K. Clarke, Superintendent of the Kock wood Asylum for tho Insane at Kingston, and Professor of Mental Diseases of tho (iuoeiis University, Kii.fjston; Doctor Daniel Clark, Suporintendeni of the ioronto Lunatic Asymm, and Professor of tho Medical Bicolojry in Toronto Univer- sity ; and Doctor James V. Anf,diii, of Montreal, formerly Assistant Superintendent of iho Vordun Asylum of Montreal, all of whom have had a large and varied expcrionco, extending over many years as alienists, and each of whom are well recognized authority on tho subject of insanity in Canada and elsewhere. That tlio said above me.itioned doctors attended tho trial, and heard tho evi- dence adduced regarding the prisoner's mental condition, and they also examined the prisoner, and after such hearing and examination, i.'uve as their opinion, under oath that at the time of the trial and also at tho time of tho commission of thoott'enco the prisoner was a natural, or congenital imbecile, and was suttering from disease of the mind to such an extontthat ho was incapable of appreciating tho nature and qualitv of tho act with which ho was charged or of knowing that such act was wrong Thai tho evidence adduced before tho court at tho said trial shows thiit the prisoner was from his birth a moral and intellectual imbecile, on which imbecility was implanted later in life, insanity or disease of the mind, from both of wh.ch he suftoiod to such an extent as rendered him incapable of distinguishing the nature and quality of tho act with which he is charged and of knowing that such act waa wrong; or at least, to raise grave and serious questions as to his responsibility for his acts. ^ That it was clearly proven that the uncle of the prisoner was an oDileotic maniac. r r « That his grandfather was a maniac, and an uncle and aunt, a cousin of his father's on the maternal side, were insane, and that four of his father's sisters died of consumption. That on both sides of his father's family the degenerate lines focus upon the father of the prisoner and though he escaped the degeneracy, it has descended unon his child. ' That the prisoner was an exceptionally backward boy, and instead of reaching consciousness at the usual age of three years, he attained it only at tho ao-o of seven or eight years and tho consciousness that ho did attain to was not fixed as in ordin- ary men but subject to frequent lapses and after infancy his intellectual development was exceptionally slow and imperfect. That during childhood and ever since his moral nature remained almost if not quite, ahsolutely undeveloped. ' That during his childhood and throughout his life until the present time he has been subject to repeated and frequent attacks of neuralgic headaches such attacks being clearly allied to insanity and being the result of his natural or conn-enital in- tellectual and moral imbecility. "^ That at about the age of fifteen or sixteen, mental disease was added to his ar- rested development tho said menial disease taking the form of delusional insanity with delusions of persecution, and still later visual and aural hallucinations were developed, the prisoner thus becoming a lunatic as well as a natural imbecile. 46 II i That tbo prisoner was at the time of the commission of the act and still romiiins unable to realize the import of the act with which he is charged. That there existed a strong prejudice in the minds of the commmiity in the dis- trict whcxo the said trial took place, and each and every of the jurors in said trial 80 sworn to try the said prisoner admitted that they" had formed a previous opinion as to his guilt but that thoy thought upon sufficient proof of insanity beinir brought before them that they could do justice and render an impartial verdict and were thus accep'pd on such statements by the tryers sworn to determine the ques- tion as to whether or not each of the said jurors stood impartial, but the said jurors were unable to relieve their minds of the preconceived idea of guilt which they had attaching the prisoner, and thereby were unable to give duo and proper wei/ht to the evidence. ' ° That the present case upon the evidence and the reconi which is referred tc in support of the allegations of the present petitions is one in which the royal clemency should be exerc sed and the sentence commuted to imprisonment for life Wherefore your petitioners pray that Your Excellency will bo pleased to exer- cise and extend Her Majesty's royal prerogative of mercy and commute the sentence of Valentine Francis Cuthbert Shortis from death to that of imprisonment for life And your petitioners as in duty liound will ever pray. H. E. ST. PIERRE. J. N. GRBENSHIELDS. GEO. G. FOSTEE. MARY SHORTIS. ,, „ ^ ^^ FRANCIS SHORTIS. MoNTHKAL, 7th November, 1895. I, Daniel Clark, of the city of Toronto, in the province of Ontario, physician do solcnnly declare: 'r j , That I am the Superintendent of the Insane Asylum at Toronto, and have been for nearly Uyenty years, and 1 am professor of medical psychology in the medical department in the Toronto University. That I was present in court and heard the evidence for the Crown in opening as well as lor the defence, but not till of the evidence adduced by the Crown in Vol ^l"^^ S"""" -^''^ ^.''^^"''ou^ ^■^'''l'^ ""'"^ ^'"^"^ my examination of the prisoner Valentine Frames Cuthbert Shortis, I considered him a natural or congenital imbel cile upon which has been implanted insanity or disease of the mind That according to the record his grandfather was insane, his uncle was insane his futner 8 sister and brother on the maternal side were insane, and acousin insane and that four of his iathor's sisters died of consumption. ' That his mind seems to have improved to some extent till he reached the aL^e of ten or twelve years, and then there was arrested development, and althoutrh he grew in stature as a man, he remained about the same in mind as a child and that in consequence of this lack of brain devol-.pment and consequent mental deficiency his moral nature was never developed except possibly in a very rudimentary wa/ Ihatas a consequence, in all cases of heredity as that of the prisoner's the malign influence is apt to make itself manifest at two epochs in life, usually a[ the time when tJ.e boy is changing into a man or adoioscent age, and at from forty to hfty years of age in -.> womai, or from fifiy to sixty years in a man Ihat from the evidence adduced and fro;.. what I have seen of the prisoner 1 have no doubt in my mm,l that he is the victim and has been the victim of delusional insanity, whicn is ha form so very common among those who have hereditary degen- eracy, namely that of persecution and unfounded suspicion and undue and unnatural egotism. That taking the prisoners whole record through life, and the evidence of the wi nesses g.vmg testimony through the case I know of no pa ..llel to U, the shape of boyish, childish, senseless actions in which there can be no benefit to himself; no ■rfl 47 motive except the boyish lack of judgment, and discretion upon which there is implanted the insane temperament. wmi^u mere is That ho has no appreciation of the consequences of his acts, no contrition no sorrow and no shame for any of his deeds and especially for the one for wh ch he has tZr?"^' r^u.'^u «^\^'«"^° «0"^l»«iveiy convinces me that he is rion-enrtal lessly^tane " "' '^""' ^'^'**'^''" ^"^ ^'' ''^^^^^^^ ^^^ ^^at he is^hope' That in my opinion he was on the night of the first of March and is to-dav a natural imbeo 'o and suffering from dise.-.se of the mind and was incapable of apore^ ciating the nature or quality of the act or of knowing that such act was wrol.f ' And J make this solemn declaration conscientiously believing the same to be true lwttTiu!c''''','V-\'^'''r '?'.l' ""'^^^^^^ ''«'f made^nderoath and by virtue of the Canada Evidence Act of 1893. ^ DANIEL CLARK, M.D. day otNovemSer^TsoT '' '^' '''^ ''^"''"'" '"^ '^' P'*"^'""'' "' O"^^^'^'^' "^^^ '^'^ Hugh Millar, J.P, do so^it'dtTafe;''''' "^'^" '''y<^^^^-^on, in the province of Ontario, physician, ^ .,'^''^^ ^^'"^"^ ^^® Superintendent of the Lunatic Asylum in London and Pmf^^^nr. of Mental Diseases of the University of London. i^onaon, ana F. ofessor That I know the prisoner Valentine Francis Cuthbert Shortis, convicted of murder on the third day of November instant. ' '^""^^*^'^®^ ^^ th. vJiI'^'i* ^^^k"""'^? the said prisoner in jail at Beauharnois, and was present during the whole of the said trial and heard all the evidence adduced befori the Court af well on behalf of the Crown as on behalf of the defence. That from what I have observed in my interviews with the prisoner and from having heard the evidence adduced before the court and the demeanor of the nrisoner in court, It IS my opinion that the prisoner Valentine Fi-ancis Cuthbert Shortis is a natural or congenital imbocilo and is suffering from disease of the mind to such an extent as to render him incapable of appreciating the nature and quality of an act or knowing that such act was wrong and was so suffering on the niijht of the first of iMarch last, at the tune of the commission of the offence with which^e is char,?ed 1 hat from the evidence it appears that an uncle of the prisoner was an epilentic maniac; that h.s grandfather was a maniac; that an uncle, aunt, and cousi^of 'h s father s on the maternal side were insane, that four of his father's sisters died of consumption and further that the prisoner himself was an exceptionally backward That instead of reaching self-consciousness at the usual age of three vears he attained it only at the age of seven or eight years. J^'^h, ne T(.at self-consciousness, as he attained to it, was not fixed as in ordinary men but was subject to frequent lapses and that after infancy his intellectual develonment was exceptionally slow and imperfect. "(-"uoui That during childhood and ever since, up to the present time, his moral nature has remained almost, if not quite, absolutely undeveloped. That during his ciiildhuod and throughout his life until the present time he has been subject to repeated and severe attacks of neuralgic headaches, such attacks being, as every alienist knows, closely allied to insanity, his insanity itself bein.r a direct result of his natural or congenital, intellectual and moral imbecility "^ That at about the ago of fifteen or sixteen, mental disease was added to his arresiod development, and the boy, in addition to being an imbecile, beca no a lunatic ae well. "uhl, That the menial disease so produced lakes the form of delusional insanitv with delusions of persecution. •'' That still later hallucinations of hearing, one of the most fatal of all 8vmntom« which belong to insanity, were developed. '^ * 48 Ih That the delusions of the prisoner were present years before the commission of the homicides for which he is convicted and could not have been thought of and therefore could not have been feigned as an excuse. That these delusions increased in intensity as years wont on, insomuch that whereas in Ireland he only believed in the existence of certain unknown persons seeking to injure him, years afterwards, in Canada, he believed that a certain man whom he named was his deadly enemy; and whereas in Ireland he only sought to defend himself against these imaginary enemies, in Canada he deliberately contem- plated the destruction of the imaginary pernecutor. That his hallucinations of hearing wore such a symptom as might be expocted to show Itself in such a case, and for two reasons they could not have been feio-ned • Ist. Because, as is almost alwjvys the case, they were not paraded, but rather con- cealed, and 2nd. Because as far as the evidence goes they were only present after dark, a characteristic of such hallucination that could not have been known to the prisoner. That the young man so afflicted had on the Ist of March an unusually severe headache, even for him. That on the same evening his hallucinations of hearing were exceptionally well marked and that in the course of that night he committed a senseless, horrible homicide. That, after its commission, he appeared to be in a dazed state ; did not attempt to escape, and was .villing to be arrested and even willing to be killed. That almost immediately afterwards, he lay down and apparently went to sleep. ihat from that time forth he manifested no t egret, sorrow, remorse or repen- tance for what he had done. ' That he still remains unable to realize the import of his act. That as a result of his natural imbecility and acquired disease that he is unable to realize or feel his own position or the fearful mischief he has done but that throughout the ordeal of the trial he remained unmoved and absolutely impassive and even when he faced his almost heartbroken father and mother in the witness box he manitested and evidently felt neither grief nor concern for their terrible position. That in all the facts of the case from the insanity of the grandfather and the epilepsy of the uncle of the prisoner down to the present moment there is such a consensus 1 1 all the circumstances and symptoms of the case that to the man who understands them each and all and the lelation of them one to the other, no doubt of the prisoner's true condition can remain. That, especially, the delusional insanity and the hallucinations of hearinij are so closely bound up with the prisoner's heredity and imbecility that wo cannot im- agine them feigned or pretended, even if the prisoner had the wit to foi'"• f- him »omo twonty.avo or IbirtyUmo, since ^^^ ^ ^''"° '""■ """^ '""" "^n Ibat ho i» „ „„t„,al imlieciloand », lie i" -torn Ji l"/,?:','""""?' ''?" "" ''""M comml,»ioa of the oflonco sulfiHr f,„,„ j, T 7- ° .'I'" """■!. »"J was at the inoapal,l„ of appreoia.ii^the!,, , fe o" n^lt ofZ aet'^r of ',!;' "' ''•■'"'?"'' "■'" act was wrong 4"'Hii-7 oi iiio act or ot knowing tliuL such th^.a,La, .. >:si,=:a^:^u:'£V'i;i^ssrx^'£'-r prisoner never roalizo.l and does nof to ri.>Tr vn,Vr, ion^hat the c se is on'." 1""'^ T I should exercise acv^ordingly my own judirment Undor nil flf-^ • " '^^'''^ the case, I have decided to^cLn^ute th'o sSn ce oFdetth passed unors oh'' ^^ life imnnsonment in the St. Vincent de Paul ponitootiary afa criS '''"S'' The Department of the Secretary of Stae will please nrenu^ h J "'• warrant, and take such steps as may be requisite to cirrySufth'ls decision "^'"^ ABERDEBJf. Department of Justice, Ottawa, 3rd January 1896. The Under Secretary of State. To carry out the directions given by his P^xoellencv tho r^ovpvnn,. n^ i • submitted to his Excellency for execuUon ^' '"'"' ^' engrossed and The undersigned has also the honour to return hm-AwitK tK« ^ • ■ ■ i in the above case, which accompanied the repo to the till ^d^^^ mend that they be returned to the Clerk of the CVown at Beauhl" noL. '" '''""• A. POWER. For D.M.J. By His Excellency, &c. Whereas at the sittings of the Court of Queen's Bench of the province of Ou« bee (Crovvn nde) lately holden at Boauharnois in the said province o^eV-Uonfint Francis Culhboit Shortis was convicted of the murder of one Tohn'fnv! ..' , ® such conviction was sentenced to be hanged on l"X' he thi^dd«??.? "P°'' one thousand eight hundred and ninety-six ^' '^ "^"^ *"* January, PH..1 ifx r''?^"' n ?.^ "i'''* ^'«''' Honourable Sir John Campbell Hamilton Gordon Earl of Aberdeen, P. C, ,n virtue of the power and authority in me vested hr« decu^d to commute such death sentence into imprisonment fo.lifr ' ^ow, therefore, know ye that I have been pleased to commute'and do hpr«h^ commute the sentence of death passed upon the said ValenTir Francis Cuthben ShorUs ,nto unprisonment in the St. Vincent de Paul Penitentiary forauldS Ofall which all persons whom the same may concern are to take notice ind govern themselves accordingly. ai<. w i.ikb nonce and ^^^^Given at Ottawa under my hand and seal at arms this second day of January, ABERDEEN. {Telegram.) The Sheriff, Beauharnois, Que. onrr^iZ ^^-^."^^''^^^^ '''^^ been pleased to order that the death sentence of Shortis be !we,. •'"»""'""'»«"t for life as a criminal lunatic. Will write to mor, w! L. A. CATELLIER. 62 (Telegram.) Ist January, 1896. Yes, yours of 3l8t to Sheriff, signed Catollier, has been delivered this a.m. at 11 o'clock. Beauharnois, Que., Per Montreal. (Telegram.) Ist January, 1896. (From Beauharnois, Q.) L. A. Catellier. If your telegram received this morning concerning Shortis's commutation is true send me another one right off what is your official quality. PHILIMENE LABERGE, Sherij^. (Frovi Beauharnois, Que.) Ottawa. Please hurry answer to ours of yesterday to Catellier signed Laberge, very im- portant, say if delivered, and at what time. (Telegram.) „. Ottawa, 2nd January, 1895. The Sheriff, Beauharnois*, P. Q. ^ > • This message is a reply to yours of yesterday. It was in my official capacity of Under Secretary of State that I notified you, by telegram, on the Slst December, ultimo, of the decision arrived at by His Excellency in the matter of the commuta- tion to life imprisonment of the death sentence passed upon Valentino (Cuthbert) Shortis. Please wire receipt of this telegram. Official letter mailed to-day. L. A. CATELLIER, Under Sicreiary of State. 2nd January, 1896. (Telegram) (From Beauharnois, Qui.,) L. A. Catellier, Under Secretary of State, Ottawa. Have delivered your message to Dr. Roborge, sheriff, regarding Shortis. J. LESLIE. _ . ^ Beauharnois, 2nd January, 1896. L. A. Catellier, Esq., Under Secretary of State. Mr. John Leslie has handed me the message signed by you commuting the death sentence of prisoner Shortis to imprisonment for life as a criminal lunatic. PHILIMENE LABERGE, Sheriff. (Telegram). (From Beauharnois, Que.) 3rd January, 1896. L. A. Catellier, Under Secretary of State, Ottawa. No order for removal received, where will I send him waiting for an order in danger being lynched ; answer immediately. PHILIMENE LABERGE, Sheriff. 3rd January, 1896. 53 {Telegram) P. Laberoe, M.D,, Sheriff, Beauharnois. Warrant for removal to St. Vincent de Paul will be sent you in due course in meantime you must take instructions from provincial authorities. ' L. A. CATfiLLIER, The Sheriff, ^""^^^ Secretary of State. Beauharnois, Quebec. You are authorized by His Excellency the Governor General to transfer and convey to the St Vincent de Paul Penitentiary upon receipt of thi.s melS Vafen tineFranc.sCuthbertShortiswhosesentenco of death h'as been commufed to im- piisonment for life in said penitentiary. Eequisite letters and warrant are this afternoon mailed to your address. Please wire receipt of this telegram without delay. L. A. CATBLLIER, (Copy of Telegram). ^''^'' ^''''''''y 'f ^'^''- (Translation) Department op the Secretary of State, The Sheriff Ottawa, 3rd January, 18%-. of the District of Beauharnois, Beauharnois, P.Q. ^n,, H^'-^ ^''''? ^5"Tr-"'T'' ^?, ^^■""«'"'t herewith, as stated in ray telegram of this day, the warrant of His Exr-eilency the Governor General authorizing you to con- vey to the ,St. Vincent de Paul Penitentiary one Valentine Francis Cuthbert Shortis wfiose sentence of death has been commuted to imprisonment for life in the said penitentiary. Please acknowledge receipt of the said document. I have, etc., L. A. CATELLIER, Under Secretary of State. Department of the Secretary of State. To the Sheriff; '^'^^''''' ^'"^ J^"^""'->'' '^^^- of the District of Beauharnois, Beauharnois, P.Q. u u^^~\ '"?.'^i'"ected to inform you that His Excellency the Governor General has had undi-r his consideration the case of Valentine Francis Cuthbert Shortis who was tried before the Honourable Mr. Justice Mathieu, at the sittings of the Court of Queen s Bench of the province of Quebec (Crown side) lately holden at Beauharnois m the said province for the crime of murder, and having been convicted thereof was sentenced to be executed on Friday, the 3rd January instant, and to state that His Excellency, on behalfofHerMi.jesty the Queen, has thought fit to order that the sentence of death passed upon said Valentine Francis Cuthbert Shortis bo commuted to imprisonment for life in the St. Vincent do Paul penitentiary In pmsuance of chapter 182, section 47, of the Revised Statutes of Canada vou are hereby required and directed to convey the said convict to the penitontiarv above mentioneil ' -^ You will be good enough to acknowledge the receipt of this communication immediately after tbo f^ame has reached you. I have, &c., L. A. CATELLIER, Under Secretary of State. n \l 54 Department op the Tho Warden of the Secretart of State, Ottawa, 3rd January, 1896. St. Vincent de Paul Penitentiary. St. Vincent do Paul, P.Q. >,„. ?H~'^""' directed to inform you that His Excellency tho Governor General has had under connideration tho ca«o of Valentine Francis Cuthhfl.t Shnrt;. ^t!^ tj-ied before the Honourable Mr. Justice Mathieu ^ the it ^i ^f T 'e^ott'';? Queen's Bench of the province of Quebec (Crown sido^ Intolv h .Kn „f pf,. k • in the said province for thecnml^of mirder, Ld ht^i^n^^^^^^^^^^ was sentencod to be executed on Fridav tho 'Vrrl Tnnnn,.,, s., « . j , meieot, His Excellency, on behalf of Her Ma^^ty the Queen a^ tho.u" tt St'to Vrdl" Tl the sentence of death passed on thesaid Valentine Sncis iut bert Shon?s be Vom muted to imprisonment for life in the St, Vincent de Pau? Penitent ary """" 182 Ir'finn S' '"' '" P"'^"?"^^ ^{ !:b^A«l of Ihe lievised Statutes of Cmiada chapter Itid, section 48, your sufficmnt author tv to receive the snid f.nnv;,.f i^.^ k ' ^"".P^®' tiary and to deal with him as if he had^boen sentZ eS by a co"^petent cou'tTlT finement therein for the period of timo above mentioned ''^'"P^'^"' ^°"'^ ^^ ^O"" medS;^!;^tf :lr£ r a^;::^^^ ''^ '^^^^^^ «^ ^^^^ communication im- 1 have, etc., (Telegram.) ^- ^- CATELLIER, U.S.S. To L. A. Catellier, '*''' ^^"^^^Y, 189b'. Under Secretary of State Ottawa. tiaryt,U Sic lo'teeTocl.'""' """'■''' ""'°™' '° •"■ ^'"»"' "» ?-' P™"- SHERIFF LABERGE. From Beauharnois Quebec. (Telegram.) To Sheriff Laberge, Beauharnois, Quebec. P„„l"^^^^*^r 't^^ w»"ant in connection with removal of Shortis to St Vincent d« Paul Pen,tentm>y sent to you Friday evening by registered niiil ^ Ottawa, 3rd January, 1896. ^' ^- CATELLIER, U. S. S. 6th January, 1896. L. A. Catellier Esq., Under Secretary of State, Ottawa. St. Vincent de Paul Penitentiary. 4th January, 1S96. «f18o-^^~^ acknowledge receipt of your letter of tho 3rd instant CNo 15 file fi^-rft ^i^h^lT"""^]"^ Ik ""' '^'' i»'«^-"^''^t.on that His Excellency the G^^^^^^ lal has commuted the sentence of death passed on Valentino FmScuthbert Short.H to unpnsonment for life in this peniLntiary together with ho authorilv o K S.^Can;i:"' """''"" '^*'' "'^^ '^•^ -coriiing^o section 48'.%^^%: I have the honour to be sir Your obedient servant, TEL. OUIMET, Warden. 55 (Translation.) Department of the Secretary ok State, ThnC!k„.;H>„P*u n*-f ^n i • OTTAWA, lOlh January, 1896. Iho te>horitt of tho DiHtnct of Boauhurnois, Boauharnois, P.Q. Sir,— I have the honour to call your attention to my two letters of the ^rd instant .n the maltor of the Queen ... V. F. C. Shorti«, the one inforXyou of ?io decision taken by H.s Excellency the Govarnor General in reference to the sentence o{deaihpr()nouncodai,'.iinHtShorlis,und thoolhortranMrnittingyouthewarrantauthor- .z.ng you .0 convoy Inm to the St. Vincent do Paul Penitentiary, and to inform you that I have not yet received acknowlodsrment of the receipt of these documents in accordance with request made in hoth letters. uv.uiiiont», m Please give your immediate attention to this mutter. I have, &c., L. A. CATELLIER, U.^.S. (Translation.) Department op the Secretary of State, nf T» r^ r„ , „ Ottawa, 8th Janiiarv, 1896. MoisE Branchaud, Esq., Clerk of the Crown, ^ . "• Boauharnois, P.Q. Sir— At the request of the Department of Justice, I have the honour to send you to-day by express, the original evidence taken in the case of the Queen vs Va entino I-. C. Shorlis, sentenced to bo executed on the 3rd day of January instant and whose sentence of death has been commuted to imprisonment for life in the St' Vincent do Paul Penitentiary. Please acknowledge receipt of the documents in question, numbered from 1 to 38 inclusively. I observe, however, that number four is missing, but I find at the same time one document without a number and which I suppose is the missin<'' number I am writing at the same time to the Honourable Judge Mathio'^, to inform him ot the transmission of the papers to Boauharnois, the matter being urgent. I have, &c., L. A. CATELLIER. (Translation.) Department op the Secretary op State, rr^ u u. »f T.T r o « Ottawa, 9th January, 1896. The Honourable M. Mathieu, J.S.C, Montreal, P.Q. Sir,— I have the honour to inform you that, at the request of the Department of Jusiico, I transmitted yesterday by express to Mr. Moiso Branchaud, Clerk of the Crown at Boauharnois, the original evidence taken in the case of the Queen vs Valoniine b. C. Shoitis, whose sentence of death has been lately commuted toim'- prison ment for life. The documents forwarded to Mr. Branchaud are numbered from 1 to 38 inclusively. I observed, however, that number four was missing, but as I found at the same time another document which had no number, I supposed this was ihe missing one. I have, &c. L. A. CATELLIER. : 56 Belmont House. Abeudken, !»th Decombor, 18:i5. To His Excellency the Governor General of the Dominion of Canada. Tho memoiiul of Aloxandor Midclloion, cuttle Hiilosrnun, in Abordoon, Sootliind, and roHidin;^ in Bolmont House, Kittylx'ovvster, iioiir Abordoon. May it im ease Yoim Kxckllenuy,— lluvinr subject to halli?- cinalions of a more or loss danj^erous character. lam solemnly assured that hi, paternal ^grandfather, a paternal uncle and a paternal <,n-and-uncle all died insane, and also tiiat a paternal s^'rand aunt and cousin aro the victims of insanity. This, coupled with tho medical evidence adduced at tho trial as reporiod in the public prints, together with tlio indrmities of his youth, tho sim|)le and foolish trails of character that have been seen to permeate his whole history from infancy, his tricken lather and mother may be tally answcreii through your Excellency in tho preservation of life to their only child and the commutation of his sentence to confinement for life or during Her Majesty's pleasure in a lunatic asylum. Thus do I pray, A. MIDDLETON. Clonmel District Lunatic Asylum, Board Eoom, 9th December, 1895. Excerpt from Minutes of Proceedings of the Board of Governors, at their monthly meeting, held on Monday, 9th December, 1895. Present in the Chair, R. Bagwell, D.L. ; other Governors— Alderman Cantwell, J. P. ; C. Neville Clarke, .T.P. ; John Connollv, J.P. ; Edmund Cummins, J.P.; Rov. C.J. Flavin, P.P.; Stephen Moore, D.L.; Capt. V. Morton, J.P. ; P.O'Donnell. J.P.; Col. Riall, J.P. ; James VValshe, Esq. The following resolution was proposed by Father Flavin, seconded by Mr, Shoe, and carried unanimously : — Gentlemen— I beg most respectfully to propose that this Board do ask mercy for Valentine Shortis, who, we believe, was not accountable for his horrid crime, as 67 it '« well known to tho Governors that insanity prevails in tho famllv nn.J fK«f many of ins rohitives died in this UHylum. taraiiy, and that (Ti'iie copy.) W. II. PARMER, B. M. Superintendent. Beauharnois, nth January, 1896. (Translation.) m L. A. Catellieb, Esq., Under Socretiiry of State, Ottawa. them yesterday morning by the Canadian Express. iiut I only received I have the honour to bo, sir, Your obedient servant, M. BRANCHAUD, Clerk of the Crown. (Translation.) Office of the Sheriff, L. A. Catellier. Beauharnois, 9th January, 1896. Under Secretary of State, Ottawa. Sir,— I have the honour to adcnowled-'o receipt of vour warnmt r.om«,„«.ji the conveying of Valentino Francis Cuthbert Sho?ti.to^Uo St V ncont ^ ^L"^^ fK.Tl„"l vT'?'^ to inform you that, in obedience to the said warrant I did convov the said Valentine Francis Cuthbert Shortis to the said St Vincent deP^n I P?".^ tiary, on Monday the 6th day of January, 1896. ^ ^'"'' ^^"'*«°- I have the honour to be, sir, Your obedient servant, PHILIMENE LABERGE, Sheriff. (By Ad. Varlnier.) (Personal). Judges' Chamber, E. L. Newcombe, Esq. Montreal, 6th January, 1896. Deputy Minister of Justice. Dear Sir,— On the Slst day of December, 1895, I got a telecrrRm f^^rr. *u Honourable C H Tupper asking my permission 'to publish my second .fpo^tt reference to the Shoriis case, and I answered him if ho thoujrht it was in th« f„. . fj'ir' f^'^^' P^""' ^^f '""^ ^^t" "."'^^^ ^^« i-preronthlt heGS^nS had advised His Excellency. Isee now by thopupers that they have not and I iS that under the circumstances it would be better that it be not published f wonlVhl^ written to Mr. Tupper himself, but I see that he has resign^and I hopTyoi wm communicate my desire Lo the minister in charge. > " ^ "upe you will I have ttie honour to be, Your obedient servant 42_5 M. MATHIEU n 58 MoNTiiEAii, 28th Dccombor, 1895. E. L. Newcombe, Kcq., Q. C, Dopiiiy MiniKlor of Juntice, OUawu, Ont. My Deak Stii, — Tho maniif^or of iho ('otton (-omptiny ut Valloyfiold han iignin writton mo, ntroiigly ropremMitiiif^ that tho company'w biisinosH Ih HiirtoiiiiLf i^rav'o injury from lack of tho liooks of account and tiociimentM and tilos produced and loft by him in court aH part of tho record. If these do'oumcntH wore now bt>4"oro liie court I would apply for an order, but as they nro not, I can only imploro you, on behalf of tho Cotton Company, to havo them rcHtored ut tho oarlioht poMHiblo date. [ imafjino, of course, there cannot be much more delay. The manai^cr of the company writes to ine in Iho most urgent terms. By tho way, I bo;.' to send you a eopy ot tho pamphlet — almost a book — containing tho addresscH of the English counsel and tho judge's charge. Yours sincorel}', D. MACMASTER. With pamphlet. (Telegram.) To E. L. Newco.\ibe, Q.C, Dopt. Minister of Justico, Ottawa. From Beauharnoirt, Quo. Have delivered to Dr. Laberge, (shoritf hero, Mr. Catollier's message roguiding Shorlis, J. LESLIE. Valletpield, P.Q,, Gth Januar}', 1896. Tho Honourable Deputy Minister of the Department of .Justice, Ottawa, Ont. Dear Sir, — A number of books belonging to this oflico and also some of my Ictttcr tiles, were retained by tho honourable court at Beauhainois, trying the r.mrderer Shorlis, and havo been, I understand, sent up to your department pending the investigation held by you, in this matter. I need hardly tell you, that I am put to ver}' great inconvenience and considorablo loss, through not havini; these books to roiei- to. And I would ask it as a great favour, if you will order that they bo relurned to me without any further delay. If you will kindly consider tho enormous loss that has been caused to this concern through this murderer Shortis, and also the mental strain and inconvenience I have myself suffered, lam sure that you will not object to doing this favour. Thanking you in advance. I am, yours truly, LOUIS SIMPSON. Ottawa, 8th January, 1896. The Honourable Sir Mackenzie Bowell, K.C.M.G., Pi'emier. Dear Sir Maokenzie, — I have the honour to transmit to you the inclosed reso- lution and protest. An acknowledgment of reception will oblige. Yours respectfully, . J. G. H. BERGERON. 69 At a meotinff of the oitizons of ValloyrtoI.J, l\ Q., hold in tho town hnll on Sntnnliiy the 4lh of Jatmury, ono thousund oii,'ht hundrod iind ninoty-nix — ' It was moyod and .econdod uMd panHod without ono dinHontiu^' voico. that an addroHH bo sent to tho HonoumhloSir Maciionzio Boweil, Prime Minister o 'Canada aH fOllOWM ; — >^"u»«w, To the Honourable Sir Mackenzie Boweil, Prime Minister of Canada : RoHolvod : That tho citizuns of Valloyflold look with apprehension upon tho action of the Govornor (TOiiorul in rospitini,' tho miirdorer V. F. (.' Shoitin • Thoy aro of oninion that as V. K.C Shorlin, after a fair /.nd just trial waH found gt ill> by a jury ot hi^ follow cUizons, that art no now evidonco ha« been discovered Which would have in any way altered tho verdit't so givon, that there oxiHtH no trood or jUHt roaHoi. why tho Hontonco passed upon Shortirt shuuid not have been nor- raittod to be carried out ; ^ They protest at thirt miHcarria<;e of justice; They holievo that tlioro hIiouI.I ho' in Canada on© law for tho rich as for the poor and thoy rospoclfully ask that this protest bo roco.dod in the archives of the Minister of Justice. J. G. II. Bergeron, Esq., M.P. GEO. M. LOY, Mayor. M. SUTHERLAND, M.D., CM., Secretary. Valleyfield, r.Q., 7th January, 1896. Dear SiR,—rnclo8ed(i ml a resolution passed at a meeting hold in Vallevfield to the Hon. feir Mackenzie Bowoll, which you will kindly present. ' And oblige, yours truly, M. SUTHERLAND, M.D , Secretary. Montreal, Jan. 10, 1896. E. L. Newcomue, Esq., Q.C., Deputy Minister of Justice, Ottawa, Ont. Re Shortis. .u ,^'^.^^A^ Newcombe,— About the23id of December, in answer to a request from tho Mmistor ot Justice, I sent him a report on the Shortis case. Some errors oc currod in tho transcription. I sent tho Minister of Justice a corrected codv a few days afterwards. ^"^ I see that Mr. Bergeron has asked for return of tho papers in connection with the commutation, etc. • Will you kindly see that my report— and tho correcled copy— goes in I would not have written about it at all wero it not for tho fact that I felt the* copy con. taming the clerical errors might be sent in. Yours sincerely, D. MACMASTER.