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Lursque Ie document est trap grend pour Atre reproduit en un seul clich6, 11 est filmA A partir de i'angle supArieur gauche, de gauche it droite, et de haut en bas, en prenant ie nombre d'images niceesaire. Les diagrammes suivants iilustrent la mithode. 1 2 3 1 2 3 4 5 6 ••*^vC' CORRESPONDENCE BELATIVE TO THE DISMISSAL - m: or DR. RUSSELL PBOU THE C0inmissi0« 0f i|e leate* Quia atatuit aliquid parte inauditft alterA, ^quum licet atatuerit, haud squua fecit. TNTRonrcTrox. What is now presented to the public relates to a matter with which the Quebec Press has already made many fami- liar, — the removal of Dr. Russell from the Commission of the Peace for this District. Dr. liussell attributes hi^5 dismissal, in 6ome measure, to a desire, on the part of the Imperial Government, to gratify the authorities of Prussia bhortly after the marriage of the Princess Hoyai, and Sir Edmund Head's readiness to obey his instructions to that elTect, from Downing Street, but mainly to the resentment and interference of two persons, — office-holders, — whose implacable enmity he has incurred lor having told them some wholesome truths. The Correspondence shews, at least, that the present Ad- ministration, regardless of even decorum in their injustice, have removed Dr. Russell from the Magistracy without giving him an opportunity of being heard in his defence. That a Ministry, which has departed from every other principle hi- iherto respected, should have departed from the first principle of national justice, — that no man shall be condemned without being heard, — is not to be wondered at, any more than that, by means of their Printing Committee, they should have pre- vented the Correspondence from being published in the ordi- nary way, when brought down to the House of Assembly. It is owing to the refusal of the Committee to have the Correspondence printed as laid before Parliament, that Dr. Russell is obliged to take this means of vindicating his con- duct, as a Justice of the Peace, in the eyes of his friends and the public generally. On the ISth April, 1859, an Address was ordered for copies of papers relative to the dismissal of Dr. Russell from the IV Commission of the Peace, but no return was made to it until a notice of an inquiry as to the reason was given at the open- ing of the present Session. The Correspondence had been copied for nearly a year, but was detained in the Provincial Secretary's Office "ntil the 9th March, 1860, merely because that functionary was displeased with an allusion, in the letter of the 26th February, 1869, personal to a connexion of his, — who is one of Dr. Russell's enemies already referred to ; and, having no other alternative, Dr. Rnssell, when requested so to do, on behalf of the Government, was forced to consent to the omission of the obnoxious words, in order that the Cor- respondence might be laid before the Legislative Assenibly. The assertion in the Provincial Secretary's Memorandum for the Executive Council, that Dr. Russell did not acknow- ledge the letter of the 27th November, 1 858, is but another illustration of the truth of the saying that those vtrho are re- solved upon a bad action are seldom at a Iosd for an excuse. To set the public right in a matter of fact it may be stated, as the reader cannot fail to notice, that the letter of thQ 27th November, 1858, was a mere reply to Dr. Russell's letter of the 23rd November, 1858. It is seldom, indeed, that one hears an answer being required to an answer ; but, if any acknowledgment of the letter were desired, should noi, the Secretary have asked for it, as he took care to do, in most bland and courteous terms, when communicating to the Clerk of the Peace, the order for Dr. Russell's dismissal from the Ma- gistracy ? Dr. Russell, however, confidently appeals to the good ■sense of his friends and the public, and willingly submits to their judgment, as to whether he has been rightly and fairly dealt with by the Ministry. COlJlllsSrOXDENCT: IlELATIVE TO 1 II E D I S M I S S A I. OP DR. IIUSSELL /rout tijc CominisMoit of tljc |1c;ut. Skci.'etaky'r Oeffce, Toronto, J;3th Kov., 1S5S. Dr. U. IT. RissELL, J. T. Quebec. 8iR, — Tlifi attiMition of the Executive having been directed to \\u' jtrocccdinirs tiikeii in July iiiid August of last year an'iiiust Captain JJrockscdi, of the Prussian i)ar(|U(! " Joseph Eailc," and more pnrticularly to your conchict in your ningis- li.'ri.d Ciijtatity, in taking afUdavits in a hinguJige of which it would seem you knew the (h'ponenta to be ignoi-ant, and \-n\v ;ir(pie ' J()sej)h I^aile,' and more particu- larly to luy " conduct in " iny " mtigibtciiul capacity, in 2 taking aflklavits in a langungo of which it would seem " I " knew the denonents to be ignorant, and " my " dcmeaaor while the Police Magistrate was taking the evidence of O'Leary, one of the witnesses, " and that you " have it in command from His Excellency the Governor (jcnoral to trans- mit to me " a copy of allidavits taken on that occasion and to request" me " to make thereon, for the information of His Excellency, any remarks which " I " may wish to oiler." In reply, I beg to acquaint you, for the information of the Governor General, that I shall, with as little dehiy as possi- ble, comply with the request expressed by His Excellency. Meanwhile, I would respectfully solicit that I niay, as is usual in like cases, be favored by His Excellency witii a copy of such documents, other than the allidavits transmitted to me, as particularly directed the attention of the Executive to the proceedings referred to. I am the more necessitated to make this request on account of the length of time which has been allowed to elapse before my conduct in my magisterial capacity on the occasion has been bronght under the notice of the Executive — a period greatly beyond that within which, under the laws affording protection to Magistrates, any suit or action can be brought, in a Court of Law, against a Justice, for anything done by him in the performance of his duty ; and I do confidently hope tliat His Exc(d!ency (te whom you will be pleased to subnut this expression of my desire,) will not consider this case : one witli reference to which His Excel- lency should adopt a course different from that hitherto inva- riably pursued. I have the honor to bo, Sir, Your obedient servant, (Signed,) R. H. RUSSELL, M. D. Edinr. Toronto, 27th Nov., 1S5S. Sir, — In reply to your letter of the 23rd instant, asking for a copy of such documents, other than the afFidavits transmit- ted to you, andparticularly directing the attention of the Ex- ecutive to the proceedings referred to, I have the honor to in- form you that you have been furnished already with copies of all the documents necessary to enable you to afford the ex- planations required from you by my letter of the 13th instant, and that it is considered that tlie transmission to you of any additional docnmonts connected with tlio matter would tend to no ust'lul or legitimate end. I have &c. ( Signed, ) CHARLES ALLEYN. K. II. lilKSELL, Esq. U. I), J. P. Qiicboc. The undcrsignod lias the honor to report that on the 13th November lust, Dr. 11. IT. Russell was written to as recom- mended by the lion. Sol. Gen. East ; on the 2f3rd Novem- ber Dr. liussell wrote in reply and requested further inibrma- tlon whicii was reiuscd on the 27th November, since when he has not explained the charges against him as requested to do by letter of the l'3rh November, nor has he acknowledged the letter of the 27th ultimo.* 22nd December, 185S. (Signed,) C. ALLEYN. Coj^i/ of a Report of a Committee of the Honoruhle the Executive Council, dated 22nd December, 1858 — approved by His Ex- ccUencij the Governor General in Council on the 2Zrd Ds' comber, 1858. On the several papers relative to certain proceedings at Quebec before Dr. R. IL Russell, J. P, against Captain lirocksch, of the I'ru.ssian Barque " Joseph Earle," who was charged with having discharged a loaded pistol at one Thomas O'Leary, with intent to kill him. From the Report dated 30th October, 1858, of the Honora- ble the Solicitor General for Lower Canada, it appears that the proceedings of the magistrate. Dr. R. H. Russell, are such as he, the Solicitor General, thinks, call for the action of the Government; that Dr. Russell's conduct in relation to swea- ring persons to athdavits written in a language of which it would seem be could not but be aware they were ignorant, his apparent partizanship throughout, and his demeanour when the Police Magistrate was examining O'Leary, arc cir- cumstances which, if true, would, in the opinion of the Solici- tor General, warrant Dr. Russell's dismissal from the Com- mission of the Peace. I * The letter of tbe 27th ultimo, roquiied no nckuowledgment, being merely na answer to the request contaiued iu Dr. Fvussell'a letter of the 23rd Norember, as the render will pcrceiTe. Tho Soliritor Gonrrnl fhoiTforo rrromTnondod fhrit ropies of llu! utlidiiviis should ho rovviiich'd to Dr. liiisscH, lor jiiiy ro niiirks that ho iiiiiy wish to n nkc th('i-c(»ii, niid tliiit if no sa- tisfactory ('xphniatioiis aro giv«'n, he should bt; reiiiovod from the (Commission. Th(i iroiiorahhi tlio Provinciiil Scrrotary. in a mcmornndiim datt'd 'J-Jiid l)('c,('nd)»'r, IS'jS, n'|)(»rta timt on the i:Uh Nov. last, Dr. Iv. II. Uu^srll was written to as rrcoimm'n(h'd hy the Honorable Solicitor General East : tliat on the "J.Jrd Noveni- ' ber Dr. U-.issell wrote in reply and recpiested further intorma- tion, wliich w^as refused on the iJ7th Novembi^r, sim-f when he has not explained the charges against him, as rerpiested to .iH, dr hi <'liiirgr do , Jiig«; di' J'jiix jtoiir Ic Disliict de QiiOlu'c. J'ai riiojuicur d'j'^fro, ]\[oiisi('iir, Votre ties olirissaiit servitonr, O^igiu',) P. A. DOUrKT, (jivilu'r df la I'aix. A L'JIoiinrable, CrivULK.s Ai,i,ky\, Sccri'tairo Provincial, • Toronto. Qricnrx', 2(511) F-jbruniy, 180f). SiK, — In njy letter o^the i23rd of November last, I bad tbe boiior to iic(|naiiit yon, tor the information of th(3 Governor (Jcnrinl, that I intended, wiili as little (' cl'tiie iia\i_i;ation — Avheu seal'ai-iii!.!; nii.'ii, such ws those ! est ac(|U;iiutc(l vviih the lacts of the case in (jiiestioii, were not likely to iie f'omid in (.Quebec, — and after the la}>so of eiLditoen njoutiis from the proceedinsrs advtsMted to. — a period, as already obsci'vcd i ) my letter of the 'J-Jrd of Xovember, greatly l)eyoud ihat within which, under tiie laws iiifording protection to JLagistrates, (1! ami 15 Vic, c. 54, sec. 8.) any suit or action Ciui be ])ro;ighl, in a, (Jruirt of Law, ai>ain>;t a Justice of tlie Peace, fur any thing done by liim in the perfornuuice of his duty. The wisdom oi' the leijishitive enactmimt to which I refer, ]Iis ExceUency will not, I urn confKKnt, ([uestiim ; y(^t I, res- ]>ectf;i'Iy, am of opinion he, has countenanced a tiepart\ire irom tiie j)rincip!e it establishes, in my case, and that I have been exposed to the very hardship and inconvenience thi.s IStiitute was framed to obviate. The party injured by a Magistrate, in the disclinrge of his duty, is barred of his remedy altogether, unless lie couimence an action within six months next after the act coiu])!ained of shall have been committed, — and thi-; to protect the Justice, lest, after the la})se of such a time, lie nuiy not l)o enabled, on acocunt of the absence of witnesses, to jur.tify his con- duct. It is from the very dillicuky thus apprehended that 1 have suti'ered. It beingon the a: idavits, a copy of which was transmitted to nie, that 1 was directcnl to ailovd His I'lxcellcncy the infor- mation demanded, I consi(iered that, — ajKirt from the well known rule requiiing the accused to answer the charge pre- ferred against him by testimony as authentic and valid as that adduced in su{)port thereof, — it would be ?nore satisfac- tory to His Excellency, as it was to myself, that I should reply to the statements imj)ngning r.ny conduct by the evidence of other persons, likewise given under the sanctity of oath. The carrying out of this determination occr.pied sometime, and tiie disadvantage I experienced was thai; anticipated by the L(\ifislature in jiassing the Act above mentioned. ]\tr. liusch, a most material witness for my defence, was dead ; Mr. Abraham Solomon, Mrs. O'Leary, her servant-maid, and other })ersons from whom I (H)uld have obtained important testi- n)ony, had left the Province; and the interval of time was such that unwilling witnesses, — individuals under (.he control of '• the Police Magistrate," — could and did im])ute to their memory what was not so much a want of that faculty, as of candour, of honesty, and of independence. Anotlier circiunstfin'.-o which hfis tetidcu! to rotani my com- pliance with J lis Ivveollt'iicy's tlcmaiid, has l-cea the want of a d^'liiiite statement of tiie charges against me. Iluvinjjr r- :, -'ovemher, wei'e not tlie only documents io jM)sse.ssion of liie (jovennent cojicernm^ the ])roceedinu:s relened to, I took tlie hberty, in mv letter of tl'.e iiord of that moiith, to ask for a co[>y (»f sr'i-li doiMiments, other tiian -ihose ailidavits, iis particuhirly dii'ect.'d the atten- tion of the i^.\ecuii\ e. to my con(hict. This request \\\^ Ex- cellency it appeal-^, did not se- cuments, connectc-d with the )nalter, would tend to no ujselnl or legitimate end." With every respect for liis Excellency's opinion, 1 nniy be allowed to istute that those documents would have bee:, of much service to nie. The probal)ility is they would have saved me tiie tiouble of repeute^k'\\x\ every word of this volumiious record, to see the bearing of every tact alleged, ami consider how tlu^ nniny falsities it i ontained con.ivl be best refuted, was, 1 need liardly state, a work which rccjuirid both time and attciition, — time that 1 could scarcely allbrd to devote to other Imsi- ness than thar of my profession, which is my means of liveli- hood, ami attention and examination such as non(5 but a per- son learned ill the law could pro})eily or speedily gi\e to the subject. A third circumstance which has occasioned me much delay, "was the obtaining of j\Ir. U"i''urreirs aiHuebec. The documents forwarded to me witii your letter of ihe 113th of Kovcmbtu', consist of copies ol' the alildavits of >Shi(dles, Lin/., O'Leary, ISti'obans, Aremit, Kadzam, ►Smith, Grichnen, and Miiller, taken by me, — and of coj>ies of the de[)ositions of Dr. Jackson, Lintner, Dr. Keed, Smith, Russell, Woodhouse, Cunningham, Battle, Corcoran, Neilan, Kadzam, Grichnen, I'ratton, '^)p(5. Dr. Molllit, Foy and Mur[)hv, taktui by the " Police iMcgistrate." I presume that 1 yhall not have been supposed to have taken ailidavits to prove charges against myself. I need not, theniforo, further allude to those taken by me than to say 8 lliat tlii-y K'l.iu- sdh'ly to tlio ciiournstancos of Captain Urdoksfli's oUtMicc. The (It'Udsitioiis, twoiity-oiio in iiuinbor, takc-n by Mr. Maguirc. ni;iy ho said to coniprisc, amid evid<'iico as to the prisoiii'i's ('iiii!i\ results of 1 lie cxptn'ionco of the I'olice as to the [n-acti('e, at the. roit of Quebec, ol" (hschar<;iiii; (ire-arm.s from .shi|>-ho;ii(l durinu; the iiiiiht, uiecHcal conjectiires, and oiher enwidly irreU'vaiit matters, tlie statemeiit.s on which 1 have been caUed u[H)n to olfer remarks i'or tlie information of Jli^ liXceUeney. Those Twenry-ono allidavits, on Ijeins: carefully examined, tend only, sd far as 1 can pc^rceive, to iu![)iign liiy comliict in two particnhirs. Fnyt, — It is pretended tha+, in the words of yonr letter of The l;irh of November, my " denu'anonr whiU; the i'olice i\iaii'istrate was takmii the evidence of O'Learv, one ot the wirnesse 11 was not correct. SicDiiiHij., — To use tli(» same diction, tliat my "" »'Ondin t in' aire my " mauistenal capacity, in taken alhdavits m a ianu'ii of which it would seem" I " kiu'W the deponents to be ignorant," was ilieuai anil improper. To shew the gioumllessness of these clnu'ge.s it is not ne- cessary to tniter tnliy into the uieriis of Ca[)tain Jii'ockscli's case. \Mfh i'es|t(>ct to tlie first chai-£i'e, 1 W(mld resjx'ctully sub- mit that " TliC Police Ma<>istrate "' was nor in the execution of a judicial duly, at O'Lcary's iumse, on the (»cca>i()n ad- verted to by Mis Kxc«dlency. " The I'olice .Mjiitisi rate " was Munpiestiouiibiy, on that occasion, acrini>' ille<>idly, and by brniging the (Japtain openly ;:ijd visibly iiinied, thon<:h a prisoner in tlie ens tod V ot t aw, into the lU'eseiici; o f ()'L<'ary, whom he (IJrocksch) had so latt'ly and so deeply injured, aMi". ilaiiuiiv put in yreat peril the life otthe wounded man, and caused him excitement wimdi it was siibseipieiitly endeavored to account for by attributing to me language I never uttered. As to the fact that the Ca[)tain was armed, when a prisMner at O'Learv's house, I njhir to the aliidavit of Deputv Chief of Police lieynolds. (Appendix No. 1); and as to the effect of the Ca[)tain being so armed, I reh'r to the allidavits of O'Leiiryaiid his wit'e, (Nos. 2 i>nd A.) Tlu! alHdavits of .Air. O'Farrell (No. 4.) Mr. ]\[cTaggart (No. o.) and Deputy Cliief of I'olice iieyiiolds (No. 1.) shew that " the Police iMauistrate" was not in the discharge of an oflicial duty, at O'Leary's house, and lurther establish tin; foUowinu (acts : That Thomas O'Leary, alleging himscdfto ;, il.UVO I jeen wounded by u ish ot lire d iroiii Oil buart la. L'iUbaiau 1 : 1 1 \ i 9 vossc'l, became desirous of prosecuting the offcnrler, nud for that i>ur[»ose retained tiie scrvicbo of Mr. O'Farrell, as Coiiiis«d. That Mr. O'Farrell re[.eatedly called at Mr. Ma- guire's house, in Quebec, to put him in possession of the case, but without seeing that functionary, he being absent ftoni home, on a fishing excursion. Thiit Mr. O'Farrell, at the suggestion of the Dej>uty Chief of Police, then sought me out, to pusst'ss me, as a Magistrate, of the case, but that I peremptorily refused to accede to his request that I should act. That Mr. Reynolds, by reiiresentiiig to me the ab.sencc of " the Police Magiwtrate," and the necessny of prompt action, to secure the person of the offender, caused me to yield so far as to accompany him to O'Lcary's bouse. That on arriving at O'Leary's, I found his condition mu(;h more serious than I had anticipated, and, after seeking the assistance of the Clerk of the Crown and Peace, I proceeded to take up the case, and upon due evidence of the commission of a ca[)ital felony, issued my warrant, for the immediate apprehension of a person to be pointed out. That 1 en- trusted the warrant to the River Police, for execution, and that they were accompamed to tlie vessel by a man who had unth'rtaken to identity and indicate the person by whom O'Leary had been shot. That Captain iirocksch admitted to Coxswain John Battle, before the arrest, thyt he (the Cap- tain) had shot <*'Leary. That in obedience to the wariant, the River Police arrested Ca{)tain Brocksch, and bi ought him belbre me, on the morning of the 27th ot July, 1857, when, in one of the rooms of the Court House a|»pi(){)riated to the criminal business of the District, I proceeded to investigate the case, in the i)resence of the accused, and of the prosecu- tor's Counsel and witnesses; and that, at this stage of the procee of Radzam and Grichnen, alter having been made to .swerve from the path of truth, by means such as the affida- vits of Strobans and Arendt establish, were adopted in this case, endaavor to account for the contradictions, prevarica- tions and discrepancies in their testimony, by charging the jVlii<>istrate or his clerk, who reduced their first depositions to writing, with n.^gligenco and inaccuracy. I might, if neces- sary, instance several cases in which this has occurred, even with respect to affidavits taken by Mr. Maguire himself, but I conceive the trick is so well known, that I need only men- tion it to shew that it is more than probable it was resorted to by both Radzam and Grichnen. It ap})ears, however, from their own depositions, that both these men understood English. Que of them (Radzam) states that, although the person who wrote down his affidavit did not speak Prussian, yet he (Rad- zam) understood Mr. O'Farrell to say, that, upon being bound over to appear against Brocksch, he (Radzam) and his ship- mates would receive thei" discharge from the " Joseph Earle," and $1 per day, — that he (Radzam) answered the several questions which were put to him, and that he told me he could swear to the contents of his affidavit. To have com- prehended and said all this, must have required a fair know- ledge ot the English language on the part of Mr. Radzam. As to the other man, Grichnen, though his deposition be- for<' me does not cover many lines, he, too, betrays in that made by him before Mr. Maguire, that he is not so uuac- A: is, 13 qiiainU'd with lln^ English totiguo as ho ])r('teii(ls, for he says th.it he was asked by me whctlii-r lie could s\v«'ar to the eoii- teuis ol his ulliilavit, and that lie answered yes. Robert Smith, anotlier of the (h'poncnts, swears that his )usition bel ore me was not rea( l» \ to 1 nni. Tl lis 18 true, so de[ far, but he should have adh, that he did not cht have been in their own Ian- gUMgc y I niii.st confess that my credulity is not i«o great, nor my kiiovvh(ige of Mr, Magtiire 80 litrle, as to incline me to any such beliel in his hiirness and honesty. I have said that 1 should be sorry to vouch for the integrity of " the Police j\lagistrate" in any case to which I might be a party. The opinion I liave formed of the veracity of his ]>rincipal witnesses is, I am ohliged to state, almost as low. Pratton and Foy are two employes in the Police Ottice, com- pletely under the control and dependent upon the will of Mr. iMaguire for their means of livelihood. It is not surpri- sing that such persons preferred their bread to testifying in my favor, any more than it is that Doctors should disagree, and the most contemptible amongst them vent their spite by a violation ol the Ninth Commandment, which they foolishly imagined wouhl never come to the knowledge of the party whom they were attempting to injure. All the depositions which im[)ugn my conduct have been taken as part of an investigation of a charge of ca[)ital tltdony. Tiuit the ends of justice had less to do with the enrpiiry than private resentment, is evident from the fact tliat, wliile much importance was attached to every act of mine, ami particulars thereof fully entered into, the examination of the charge of felony was so inelhciently conducted, that the culprit was suffered to escape even the form of a trial, and to this day the perpetrator of a most flagrant outrage on a peaceable citizen of Quebec, has not answered for his crime. The quibble on which Captain Brocksch was discharged from custody by Mr. Maguire, is one which any man of sense must see through. Dr. Jackson swore that a leaden ball, which he produced as having been received by him from O'Leary, the wounded man, was much too large for either of the t'vo pistols placed in the hands of " the Police Magistrate," by the Blate of the ♦'Joseph Earle," the [)risoner'8 most intimate friend. But Dr. Jackson did not swear positively that the ball he so tried tu lit into the pistols wus the very one he Lad received iiom 0'} liil' I I O'Lenry, and (hat lu; hail lakeu every possible precaution to justify his ceitainty of this fact. Moreover, Anose that the prisoner's friend, the Mate of the ship, who so obligingly brought two pistols to Mr. Ma- giiire, might have concealed the third, and it the very one from whicli the ball that struck O'Leary was discdiarged. In concluding the remarks called for by Mis Excellency, I have again to express the hope that, should he be of opinion I have not satisfactorily answered everything charged against me, he will take into consideration, the very gi».at hardship, already re[»res<'nted, of l)eing called upon to explain my con- duct alter so long an interval. I have been at a loss to find a reason foriny being subjected to this inconvenience, and can only attribute it to the fact tliat shortly before the receipt of your letter of the IJ^th November, I was publicly threatened by Mr. Andrew Stuart, Government Attorney in this District, and brother-in-law of the Provincial Secretary, with the de- privation of my commission as a Justice of the Peace.* His Excellency, in causing < » be transmitted to me the af- fidavits whereon I have now commented, only acted on one of the first principles of national ju^tice, — tluit no man shall be condemned without being heard. I am glad to have this op- portunity of vindicating my conduct in my magisterial cai)a- "'ty, and of sinewing that, in Captain Brocksch's case, I pro- ceeded most conscientiously, and acted under the advice of the Law OlUcers of the Crown, with a sincere desire to discharge the duties of my ollice, and to do what was for the benefit of society and the maintenance of personal security. I have the honor to be. Sir, Your ob't. humble servant, 11. H. RUSSELL, M. D. E. HON. C. ALLEYN, Provincial Secretary. Toronto. * riie c'liuse of the thiv;it referred to was statcil in Uiis [cirat^i Mpli nf ll e letter, ac <'vi;;in illy aent to ilie ProviDeiiii Secielury. but \s'iis subsequcutly struck out, m tix^ liiiuud iu the lali'uducliou tu tliia Cwrreiipuadoucc. B:' H\i 16 APPENDIX No. 1, PROVIN'CE OF CANADA, DiSilllCT OK QL'KBKO. Edward Reynolds, of the City of Qnrbec, Deputy Chief of Police for the City of Quebec, being duly sworn, doih depose and say: I have been asked to give an aflulavit in the case of the complaint against Dr. Russell, but it is so long ago, that, liaviug had no idea that I would ever be called to give evi- dence about it, I cannot speak positively as to all that hap- pened, but to the best of my recollection and beliel', here is what happened. One Sunday evening, sometime in July last was a twelve- month, Mr. O'Farrell and McTaggart came into the Cul-de- JSac Police Station, where I was at the time. After Mr. O'Farrell came in, he tried for a long time to get us to go and arrest a Ca|»tain that, he said, had shot O'Leary the night before. Mr. O'Farrell had no warrant with him for the Cap- tain, and we told him that there was no use in expecting us to go and arrest a man witiiout some authority for it. He told us that it was a case of felony, and that we did not need a warrant, lie talked also aI)out the Captain being ready for sea, and all that sort of thing, and about his not having been able to find Mr. Maguire, as he said Mr. Maguire was away on a fishing excursion ; but we would not act without a warrant, and we tohl hiiu that there were plenty other Magistrates that he could go to. Somebody there, I think it was some of our men, asked Mr. O'Fari-ell, if he was quite sure that Mr. Maguire was not in town. Mr. O'Farrell then asked me to go with him as far as Mr. Maguire's ; I did not hesitate, but went with him ; and, when we got there, the girl told us that Mr. Maguire was away on a fishing excursion in the country. I next said to Mr. O'Farrell that we ought to go to some other Magistrate ; and Mr. O'Farrell said he thought no one would care about meddling with the case, as it was Sunday, and as there was no pay to be had for it, and that what made it more unlikely to get any one to act, was that it was a case against a Ship-Captain. 1 then said that there was Dr. Rus- sell that did not care anything about Ship-Captains, and that we ought to try him. Mr. O'Farrell said "very well," and away we went in search of Dr. Russell. We first went to the Doctor's house, and we next went to look for him in the Suburbs. I saw McTaggart with us when we were at Mr. It Mauiiin^'s ; but I cnnnot sny whethor he followed na to the (Suburbs in search <»t" Dr. Iliissell, ami llu; next sight that I ,i^ot of McTaggart was dovvu at ScuIly'H, iu (MiaMi|»hiin Street, where we fouud Dr. Kussrll, about rhviMi o'chxk, uttt'iiding to .Scully's child. After the Doctor had doiu! with the child, Mr. O'Farrell began to explain to Dr. liusscll what had hap- pened to O'l^eary, and tliat he suspi'ctcd the Captain was hid in young D.-nis Magnire's house. Tin; Doctor got a little angry witii Mr. (J'Farrell, and said to hiui to be off to Mr. Maguire's, who was paid lor it, and that he would have no- thing to do with it, but to go to ]\Ir. Maguire. When I saw how things were getting on, I said to the Doctor that Mr. Maguire was absent, that tlu're was no other Magistrate to be had, and that uidess the Doctor took up the case, the Police would in»t move a step without a warrant, and the Captain would clear out before Mr. Maguire could be back the next morning. The Doctor listened to what I faid, and consented, at last, to go and look at O'Leary, and see if he was as sick as we stated liini to be. Wiu'n we went into O'Leary's, 1 saw two other Doctors there, Drs. Jackson and Motfatt ; Dr. Jackson began to scold Dr. Russcdl for coming there to interfere with his patient. When Dr. Jackson began to scold, that way, 1 [)ut on my Init and walked down stairs again. When I got to the loot of the stairs, 1 heard Dr. Russell telling Dr. Jackson that he did not come there to meddle that way, that it was I who had brought him there to take ste{>s to arrest the Captain, if necessary, or something of that kind. I am sure that the Doctor did not say to Dr. Jackson that it was Mr. O'Farrell brought him there to give evidence as a Doctor; and mcu'eover I know (pdte well that it was not as a Doctor that Dr. Russell went to O'Leary's ; I know that he went there as a Magistrate only. O'Leary was in a bad state that night and could not give his de[M)sition that night; but two men, that knew all about it, were sent for; and before they came Mr. O'Farrell and the Doctor went off somewhere m a caleidie ; and by the time they came back, the two witnesses had come, both of them to O'Leary's. I lu'ard O'Leary's peo[)le call one of the w^itnesses "Scottie''; the other was a foreigner, but he spoke capital English. As soon as the Doctor set ai)out taking the evidence, I slipped over to the Police Station to have everything ready for the execution of the warrant. As it was sup|tosed that the Captain was in young Denis Maguire's, I sent O'Brien, oneof our Force, to reconncutre at young Denis', but O'Brien came back with the news that there was no appearance of anything about young Denis'. ■%i 17 The Kiver Police arrested the Captain and brought him to the Cul-du-Sac Police Station ; and at nine o'clock that njorniusr, the Police marched him n[> by order of Dr. Russell to tlje Court Jiousc, to be examined before Dr. Russell. I remember wlien Mr. Maguire, Inspector and Superinten- dent of Police, brought Captain Drocksch down to O'Leary's 10 take O'Leary's deposition ; I saw in the breast pocket of the Captain's coat something that bore a very striking re- .semblance to a revolver ; indeed, I am almost sure it was nothing else, and it is hardly possible that Mr. Maguire did not see it too. 1 told O'Leary's [)eople that the Captain was armed. I thought it strange to see a prisoner thus armed ; but as he was not in my custody, the only remark I mado about it, was to mention the matter to O'Leary's people. I know that I\[r. Maguire discharged the Captain; and some days afterwards, I was one of a party of Police that searched the " Joseph Earle " for the Captain, under a warrant of Dr. Russell. We saw a curiously concealed little passage from the booby-hatch to the cabin. Nobody in the cabin could detect it, b.it from the booby-hatch it might be found after some little trouble. It was newly made. I kept a sharp look-out for the Captain; but I never saw liiin again ; he must have left the Province by stealth, or I would surely have found him. I have frequently heard persons say, that young Denis IMaguire made it his boast that he could get any person oft' for anything less than murder, through his personal friend and cousin, the Inspector and Superintendent of Police ; and 1 believe that Ship-Captains generally believed that to be the case, and that many dealt with him in consequence of that belief. And further this deponent saith not, and hath signed. (Signed,) EDWARD REYNOLDS, DepxUy C kief of Police, Quebec. Sworn before me, at Quebec, this Gth day of January, Quebec, ) r, 1859. i (Signed,) G. Henderson, J. P. APPENDIX No. 2. [ rUOVlNOE OF CANADA, DlSTKICT OF QuKBiCO. Thomas O'Leary, of the City of Quebec, Boarding-House Keeper, being duly sworn on the Holy Evangelists, deposeth 18 iii nnd snitli : T was woundod l;y a gtin sliot wound in tlio riiilit ann, in tin; month of July, ls-')7, by oiu* l'"'r«Ml<>ri<;k Willidni }iroider<'d my- self in a rou« state. Dr. KushcII took the depositions of tither witncisses; the name of one of these witnt'sses is Wil- liam iShielh's ; the other two are foreigners, and spok(? the. Prussian langiuitre, they alst> spoke the English language llii- ently and umlerstood it well, ami answered in good English all y were severally asked if they <'erly, that I was running greater risk of my life Irom their unskilful treatment than from the wound in my arm, my clothes, bed and bed clothes were at this time saturated with the ice-water they w»'re applyius to my arm, which Dr. Russell said was sure to bring on inflammation of mv liinus, and that 1 would not bo the first man killed by unskill'ul treatment of a gun-shot wound, ami nuMitioned a case to them of a man who died of a gun-shot wound, while uiulerDr. Jackson's care* in the i\Iarine IIos()ita', in consequence of uuskiltid treatment, that tlic man who shot him was trii'd at the Criminal Court and acquitted, one of the Jurors declaring in the jury-box that they were of opinion that the man canu; to his death by unskilful treatment. Dr. Russell told them that instead of the ice-water, a warm soothing poultice should be applied — the arm supported by a proper ap})aratu8, and that my wet clothes and bedding should be exchanged for A' I i 'f. '% ' riylii fl illifliii m '■ ihni ■ 7, \)r. m (Is, ilio fl VOfAtV, ■ '(1 iiiy- a ioliM (if w 1 9 ls(; tIih M iir 11 II- 1 ^iiiilisli 1 tcMjtrr- V IICSSCN, IB itli, 1() 1 by J)r. i i'l-*! I k p.) 8('iited to him uh being itt u daii^^cM'oim Ritiiution, and Mr. jMtiositions of the other witnohiu's I niention«'d above. Of my own accord 1 pursued the plan of treutment I lieard Dr. Uussell recommend, and experienced almost immediate relief. Drs. .hickson and jMolliit continued to attend me the next day and the tollowing morning, and then because 1 con- ti lined to follow the plan of treatment reeommcnded by Dr. Uussell, they aske»l me, who I [treferrcxl to attend me, Dr. lliissell or them, I told them Dr. liussell, they then hfft my boMs«; and did not return. I'Jther six or seven pieces of cloth canu! from the wound, it was only after the last piece left the wound, that I was able to leave the house, wliich I could not do till the end of August. Ill the month (d' August, ,Iohn Maguire. Es(]., Inspector and .Superintendent of Police, came to my house and into my IxMl-room vviihoui any previou.s intimation to me ; bevvasac- (Miiiipaiiied by several other men, (Jajttain Urocksch, who wounded me, was one of them. ^Mr. Jlaguirecame over to n.e, 1 was then lying in my bed, he felt my j)ulse, and asked me liow 1 felt, I told him I felt very weak, be then asked me if 1 was i>repared to give, my de})osition before the accused, or words to that effect. I told liim I bad already made my deposition before Dr. liiissell, be then said you must give your deposition before the accused. I said " Is the accused here,' he said, " yes, " and my wife who was also j)resent in the room said " yes, there he is, don't you know him," and my mother who was also in the room said •' yes, there be is, you might know the murderer's look in his face," and they both pointed towards him. 1 became very excited and commenced shaking like a person in the ague. Just at this time Dr. Uussell came into the room, it was his usual hour of visiting me, he came up to my bed-side and asked me bow I felt this morning. I said I felt very weak and both cold and chilly, which I attributed to seeing for the first time the man who shot me. Dr. Russell said, " O'Leary, you must not excite yourself in this manner," and then sat down ill a chair that was at the head of my bed. Mr. 20 k Maguire again asked me it" I was going to gi /e my deposition to-day, I said " no, I am not lit." Dr. Russell made no interference whatever to prevent me from making my de- position, the reason I refused was because I became so ner- vous and excited at seeing the man who shot me, in my presence for the first time and in my own house. Dr. Kussell did not say " No, " " No, " when j\Ir. Maguire asked me if I would give my evidence. Dr. llussell did not make use of such; words as " do not let that man come here again with aparcel of blackguards with I'im, " or any other words to that effect. My mother, wlio attended me and nursed me through my illness, was present and could testify to these f^icts. My servant-maid, she and my mother both loft the Province in the Fall of 18-37. My mother is now in Liverpool, in England. William Shielles, another witness left Quebec, the same season, and two other witnesses, who belonged to the said ship " Joseph Earle," only ^^ft Quebec about three months ago. And deponent declares he is unable to write. Sworn before me, at Quebec, > this 24th day of November, IS^jS. ^ (Signed,) Osboun L. Riciiardsox, J. P. APPENDIX No. 3. mi ■\ rUOVINCE OF CANADA DiSXEICT OF QUEBKC. Eliza Welch, wife of Thomas O'Leary, being duly sworn on the Holy Evangelists, deposeth and saitli : " I was present, along with my mothev-in-hiw, in the room where my husband was lying in bed, when Mr. IMaguire, the Inspector and Su- perintendent of Police, came in with Captain Brocksch, of the Prussian Ship" Joseph Earl a. " Mr. Pope and Mr. Prat- ton were also with him. Mr. Maguire went up to ray hus- band's bed-side, and felt his pulse, and said : " How do you feel now, O'Leary?" my husband said : " I feel very bad," Mr. Maguire then put a book into my husband's hand, my husband said ; " What is this for ? " Mr. Maguire said, " we want to take your deposition before the accused." My hus- band said : " Is the accused here ? " Mr. I\Iaguire said " Yes, " I immediately said : " Yes, don't you see him ? " and I pointed at him ; my mother-in-law also said : " Yes, don't you see the murderer in liis fiice?" My husband then began to shiver violently, and asked for more clothes to cover him; the only clothes my husband had on, were his trowsers, and stockings, ■i % ij: ■2i and shirt. I thon covered him with bed-clothes. Soon after- wards, Dr. Iviissell entered the room and went to the bed-side, and i\iiked liim liow he felt to-h\ Maguire was nut at home, but that he, Mr. ^Miiguire, had gone to tiie country, on the previous evening, on a lishing excursion. Accom[)anied by ilr. McTa^i-gart, I next proceeded to the Cul-de-Sac Police Station, in tiie ho[>e of being able to induce the Police, in the absence of Mr. Maguire, to arrest the Captain, against whom the charge sought to be preferred was umpies- tionably one of Felony ; but the Police refused to Miterfere, in the absence of any warrant. With a view to stimulate the Police to exertion in the matter, I represented to them the facts, and I stated, moreover, that ]\[r. Maguire was absent on a fishing excursion, and that, as they might easily observe from the rear of the Station house, the Capcain's vessel was hnided, and hauled out from her loading berth into the stream, and ready to bo towed away at a moment's notice; I futher mentioned to the Police that I had been credibly informed that the vessel had her Pilot on boiird, and would proceed to sea with the first ebb-tide. All my attempts to induce the Police to move in tho matter without a warrant jU'oved unavailing. 1 was told by the Polii;e that even if Mr. ]\[aguire were ubsent, there were other 23 Magistrates to whom I might apj>ly. 1 answered that it wns next to imposible to hnd an unpaid .\,agistrnte to act Uj)on a Sunday, and I was about to say to the Police that tliey ought to know well enough that, could I have hel[>ed it, 1 would not liave thought even of applying to JMr. Maguire, when some one. present, I forget who, asked me if 1 were certain of Mr. JMaguire's absence. I then, for the lirst time suspected that the servant's answer to my eiujuiry for Mv. Maguire, might have [>roceeded from Mr. Maguire's well known unwillingness, when applied to, outside his office-doors or betwe(Mi his office-hours, to attend to any business [)ertaining to his office. Such suspicion induced me to request Mr. Edward Reynolds, then a Sergeant of Police, and now Deputy Chief of Police of this City, to accompany me to Mr. Maguire's : on our arrival there, I was again assured by the servant that JMr. Maguire was absent. I was then advised by Mr. Reynolds to apply to some other Magistrate, as the case appeared to be pressing, and as the wounded man was reported to be in a most dangerous coiulition. Aware of the disinclination of most Magistra<"cs in this City to perform, at any time, but particularly on a Sun- day, any part of the duty assigned to Mr. Maguire, and for the performance of which Mr. Maguire alone was paid, I felt unable, at the moment, to think of any particular Magistrate who might be disposed to act, in a case against one of that powerl'ul class known as Ship Captains. On my expressing as much to Mr. Jieynolds, he suggested the name of Doctor Jiobert llemy Russell. I immediately adopted Mr. Reynolds' suggestion, and we both proceeded in search of Dr. Russell ; not finding him at home, but learning that he had gone out visiting his [)atients, we followed him from house to house where he had been vii«iting, and at last, about eleven o'clock, at night, we found him at the house of one Scully, in Champlain Street; the Doctor was then attending to Scully's child, who was then bleeding violently from the nose. We waited without dis- turbing Dr. Russell, until we saw that he had succeeded in staunching the How of blood. I then exposed to the Doctor my business; and I told him that Thomas O'Lraiy had been shot, during the previous iiight, by a Prussian Ca[>tain, wlioui I then suspected to be concealed in the house of his, the Captain's, Ship-Chandler, that O'Leary was then lying wounded in a most dangerous condition ; here I was interru|)ted by Dr. Russell asking me in an abrupt nuinner: " Why don't you go to Maguire, " who is well paid for it? I tell you what, O'Farrell, I'll 2i " Inu'o nothinff to do with the cftse. Go to Maffuire." Mr. lieyiiolds then iiiter[>oaed and said to Dr. Russell, that Mr. IMauuire was absent, that I could find no other Jitagistrate, and that, unh'ss he. Dr. Ku.ssell, would consent to act, the Tolice would not arrest without a warrant, and that the (Japtain wou'd be away I'roni Quebec, long before Mr. Maguire could return in the morning. On Mr. .Reynolds' representations. Dr. Russell consented so far, that he went with us to observe the condition of the wounded man. At O'Leary's, while we were there, we saw Drs. Jackson and Mollatt. O'Leary's arm was pierced above the elbow, by a gunshot wound ; and there was on his right side, a contu- sion, corresponding with the wound in the arm, and looking as if the ball had become spent there, after passing through the arm. O'Leary was lying in his shirt and trowsers, on a bed soaked with ice-water, which, by the orders of Drs. Jackson and Motfatt, was being kept constantly and abundantly applied to the wound. O'Leary's injured arm was swollen to a very remarkable degree, and the skin upon it was hard and shining very much. O'Leary complained and moaned a good deal ; he appeared to be suifering very much from pains constantly increasing. Dr. Russell did not, while we were there, or at any time in my pressnce or hearing, say to Dr. Jackson, that I had called upon him. Dr. Russell, to give medical evidence in the case. The very reverse is the fact ; for, when Dr. Russell, Reynolds and I approached O'Leary's bed-side, and when Dr. Jackson, without waiting to learn our business, expressed his surprise at Dr. Russell's entrance. Dr. Russell distinctly stated to Dr. Jackson, that he. Dr. Russell, had not come there, in his capacity of a Surgeon, but that h.3, Dr. Russell, had only come there at the request of the Police, and in his capacity of a Magistrate to take, if necessary, O'Leary's deposition as to the facts, and to hold if necessary also a judicial investigation upon them. While we were at O'Leary's, I heard Dr. Russell express very grave doubts as to the propriety of the treatment pres- cribed by Drs. Jackson and MofFatt ; and indeed, I myself witnessed the rapid change wrought, for the better, in tho condition of O'Leary's wound, by a course of treatment dif- ferent from that of Drs. Jackson and JMolTutt. Being of opinion that O'Leary's wound was of a very severe nature, Dr. Russell determined on proceeding with an investigation of the case, and, as O'Leary appeared to be too muvell to give his deposition then, juessengers were sent for the two men whom O'Leary stated to have been in his cora- M 20 pany "wlirni lie was shot ; in the meantime, Dr. llussell, being dei-iroiis of proouring the assistance ofMr. Doucet, Clerk of the Crown and of the Peace, requested me to accompany him as far us that gentleman'.s hou>se. We found Mr. Doucet at home, but in his bed. Mr. Doucet, on letting us in, informed Dr. Kussell tliat it was by no means necessary that he, Mr. Doucet, should be pi'esent ; l)Ht he gave us brielly the form of the warrant and the descri[)tion of the offence, and enabled us to procure the form of the deposition heading. Aft«n* leaving Mi-. Doucet's nnd after procuring the neces- sary forms, we returned to O'Leary's where we found, await- ing us, the two nuui Shielle^ and Linz, whom Dr. Russell had sent for ; and sometime between the hours of one and two of the clock in the niorniiif? of Monday, the twentv-sorenth day ol'July of the year betbre last. Dr. liussell received the voluntary statements on oath of Hhielles and Linz. Those statements were, undi-r the su[)ervisi()n of Dr. Kussell, care- fully and correctly embodied in two sworn depositions, res- pectivel}' read over to the witnesses, and acknowledged, under oath, by them. After reading the depositions over, Dr. Russell came to the conclusion of issuing his warrant for the appreiiinsion of the person, who had hred at, and shot OLeary ; and as the name of that person had not then be- come known to the witnesses, but as two persons then present volunteered to point him out to the Police, Dr. Russell issued his warrant i'or the ai>prehension of a person to be pointed out, according to the almost daily practice of the Police Ollice, at Quebec. It was then suggested by Mr. Reynolds to send a Police- man over towards the residence of Denis Maguire, Junior, to ascertain if there were lights in the house, or anything else about it, tending to indicate the presence of the Captain. Constable O'Brien Vv'as accordingly despatched upon that duty, and upon his return shortly after with the information that the house of Denis Maguire, Junior, presented no un- usual appearance, the warrant was placed in the hands of the River-Police for execution. Shortly after break of day, on Monday morning, John Battle, one of the Coxswains of the River-Police, proceeded with his boat's crew towards the ship for the purpose of executing the warrant ; he was accompanied, on that occa- sion, by me and by one of the persons who had so volunteered to point the Captain out. When we neared the ship, I sug- gested to the Coxswain to request the crew of the vessel to be mustered, so that the man, who accompanied us, might have a fair opportunity of pointing out the accused. Accord- ingly, when we had reached the deck of the vessel, Battle 56 4A asked to soc the Captain ; a person then came out of the cabin, and repirsenlt'd hinisi'lt' tu b(.' the Ciiptiiiii of liie •' Joseph Earlo," und coiTfct ly too, as I afterwards diseovcn-d. Upon the Ca[>tain's asking what wajs (he matter, IJatlle cx- phiined to hiai the object of Ijis visit, and asked to liave itie crew mustered belore him. In the meantime, the person who had accompanied the Police with mc, said to me, in a whisper, and looking towards the Captain : " That's tlie man." Before Battle had done speaking, the Ca[>tain interrupted him, saying : " No use to muster the crew ; the crew did not •' do that : it was myself that lired that shot, and out of mine " own pistol, when 1 told tliem for Crott's sake to come back, i» or I won Id fi re On hearing the Captain admit that it was lie wlio had fired at O'Leary, I became desirous of connecting the shot fired by the Captain witli O'Leary's wound, and of exchuliug the supposition of O'Leary's wound having been caused by any other shot; so I asked the Ca[)tain if any other shot bad been fired from on board his vessel that night. The Ca[)tain promptly answered : "No ; 1 only fired that one shot." Battle then arrested the Captain, and brought liim to the Police Station in the Cul-de-8ac, where the Captain remained until nine o'clock of that (Monday) morning, when, by order of Dr. Russell, he was brought up to tlie Police Ofiice, and before Dr. Russell, then and there in attendance in one of the rooms where such investigations are often carried on. 1 was also in attendance there with the witnesses, Shiellesand Linz, ready to proceed with the case b(?fore D\\ Russell, who luul first had possession and cognizance of the fact. Just as we were about to proceed with the case, I saw, to my astonishment, the Police enter the room, and remove the prisoner. Captain Brocksch, into Mr. Maguire's own room. I shortly followed the prisoner into Mr. Maguire's room ; and entering into conversation v/ith Mr. Maguire, I informed liim that I had been retained by O'Leary to prosecute the Captain ; and I then asked Mr. Maguire, if he Mr. Maguire were aware, that it was upon Or. Russell's warrant that the Captain had been arrested, and that Dr. Russell had first had possession and cognizance of the case. I made those observa- tions to Mr. Maguire for two reasons, that is to say : Firstly, because the experience of several years' pretty extensive pr^: ice before him had taught me, that, in few cases where M '.laguirc'E sympathies or his atitipatliies were not evenly ba/ . 'ed, and in very few cases of 8hip-Captains dealing with Denia Maguire, the younger, could strict and impartial justice be expected from the Inspector and Superintendent of Police, •nd secondly, because I then was, and still am, of the opiuiuii a? thnt ^Ir. Magiiirc had no jurisdiction in the matter, and this, iit'tor Palov, who says (Convictions, Part I. Chap. 1. Sec. 5,) jir |)iii;i; 27 of Deacon's Edition of 1838 : "All the Justices ofoa(;h District are eijual in authority, but as it would be contrary to the public interest, as well as ivdecait, that there should bo a I'ontest between ditferent Justices, it is agreed, that the Jurisdiction, in any particular case, attaches in the fii>t set of Majjistratcs, duly authorized, who have possession and cognizance of the fact, to the exclusion of the separate jurisdiction of all others. So that, the acts of any others, exce|)tin conjunction with the first, are not only void, but such a breach of the Liw as subjects them to indictment." in answer to my question, Mr. jNJaguire smiled, and said tliat lie was aware of the fact. I then asked Mr. Maguire, if he, ]\Ir. Maguire, intended to cany on the investigation in the absence of Dr. Russell ; Mr. AJaguire answered me with another smile and with another " yes." ]\Ir. Maguire alter a short pause, asked me if I intended to appear belbre him, Mr. Maguire, as the Attorney of the private prosecutor, O'Leary; I replied that I did not intend to appear before liini, Mr. Maguiiv, as I did not conceive, that, under the cir- cumstances, he had jurisdiction in the matter. I, in conse- (jiu^nce, declined appearing before Mr. Maguire, as O'Leary's Attorney, because I did not wish to expose my client, O'Lea- ry, by any act of mine, to be sued by the Captain, by reason of Mr. Maguire's illegal detention of the Captain, in the ab- sence of Dr. liussell. However, although I did not appear on behalf of O'Leary, or take i)art as his Attorney, in the investigation carried on by iMr. Maguire, I nevertheless clos(!ly observed the manner of that investigation ; and, from notes taken by me at the time, and which I still preserve, I can state, that Mr. Maguire's conduct was highly partial to till! prisoner, and fully justified the fears, which, from the first, I entertained as to the probable result of such an in- vestigation, when carried on by him. Amongst other instances of his conduct, on that investiga- tion, I may mention that most of the witnesses examined by Mr. Maguire for the prosecution, are persons whose names were furnished by Richard Pope, Esquire, Junior Counsel for the prisoner; so that where the prisoner had, in some sort, the selection of the witnesses to be produced against him, little evidence of a material nature could rea- sonably be expected. One of those lists of witnesses, with instructions to the Clerk to summon them, I have still in my ])ossession ; it is in the hand-writing of Mr. Richard Pope, and bears a few words in the hand-writing of Mr. Pratton, who wrote down the depositions taken by Mr, Maguire. r/.-'r 'JS I may also mention as anotlun- instance of tho niannev in which that investigation was contluctod, that, when the Mat'^ A' tlio vessel was under examination before Mr. Ma- guir and, in answer to some questions of Mr. Majniire, as to what was said by a person, wliom the Ahitc had hohl of", and whom the JNlate was shakinji; over the ship's side, the Mate in speaking of that person, said : " I heard that man say : " /'// drown viijsf.lj"'^ ; the prisoner immediately interrupted tlie Mat«», and said' to Mr. Maguire, " Ilo yays that lie heard tho man say " /V/ drown i/ou.''^ AVithoufc waiting to learn, from the Mate himself, what he had really said, Mr. Maguire dictated to the Clejk and caused to be written down, the words : *' iV/ droiv/i you,^' instead of the words: '* J\'l droioH vvjsrl/V^ The words as pat into the witness' mouth by ih(3 prisoner, and as written down by Mr. Maguire's orders, have a very diilcrent complexion from those really uttered by the witness ; in the oiu^ cnse, a man, hold over a shi[>'s side, by another, very naturally exclaims '^ I'll droininnjsflf ;'^ while in the other case, the words " I'll drown you," would naturally imply a threat from the man, and it might in the eyes of many justify, or perhaps only palliate, the Captiiiu's subsequent fn*ing. ]\Iany other perversions of the evidence, of the same, it not of a worse kind, were noticed and noted down by me at the time, and are now present to vjiy memory, but wcudd require, for their relation, too much of the space allotted to this affidavit. I shall conclude my notice of Mr. Maguire's conduct at the investigation, by remarking, that, one evening during that investigation, and after the adjourument, I showed, to Mi*. Prat- ton, tho list of witnesses already adverted to by me, and, in con- versation with Mr. Pratton, whom I judged, from his conversa- tion, to think but lightly of Mr. Maguire's impartiality or of his abilities, I hinted at my possession of that list of witnesses being likely to bo of service to O'Leary hereafter, and I mentioned some of the perversions of evidence I had seen Mr. Maguire practice during the course of that investigation ; the next morning when I made my appearance, to watch the case as usual, I found Mr. Maguire and his Clerk, and the prisoner and his Counsel, in the large room known as the Magistrate's Room, engaged in the investigation. On my sitting down in the room, M''. Maguire asked me if I appeared as Counsel for O'Leary ; I answered in the nega- tive. Mr. Maguire then asked me in what capacity, and by what right, I came there. I replied that I had come there, as a spectator and to witness the investigation, which I deemed to be public, by virtue of the law. Mr. Maguire fteemed Jibsorbed in reflection for a few moments, and then desired iiis Clerk, the prisoner and tbe witness to move into liis, Mr. Maguire's, inner or private otlice ; then inviting the prisoner's Counsel in, he, Mr. ?ilagnire, followed them all in himself; and that was the last o[)portunity which I hud of taking notes of Mr. Magnire's conduct in the investigation of the cn^e of the Queen vs. Brocksch. In the meantime Mr. Maguire carried on, in liis private office, the remaimler of the investigation; and I [)rodueed, before Dr. liussell, at various intervals of time, several wit- nesses, namely Rudolph Stobans, John Arendt, Gottlieb Kapo.site nn Island in the St. l^aw- rence, and winch, 1 think, biiars the name of Goose Island ; and 1 then saw in the booby-hatch of that vesscd a recently made and secrettdy contrived opening, through which one Juan could, with ori^iniil wnrrnnt lr(»ui tln' C<)ii8tul)l«i w ho hud it, IfL'tort' thr sailiiiu oT the stcjuiier ill whii.h Air. WyUin wus ubout to i;mburk for Eiiuliuid. ^Ir. Wylent H very lai'ge sum of i;ioney, juobably one hundied ponnds, without b«.'ing abb; to accompli^iii that objeot ; ancJ 1 teel (•(invin<'(!d, that, had the Captain been broiiglit to trial lor wouiuhng O'Leary, a conviction would have ensued. I esteem it due to the InsptM^tor and Superintendent of Tolice, to mention tliat lie and J have not, I think, spoker to «'ucii otlier since the year one tiiousaiid eight hunvh'cd and fifty I'oiir, on any topic unconnected with th(! business of his oliiccv except, on one occasion, wiien, as I was about to proceed to Toronto, lie spoke to me disapprovingly of a Bill, introduced into the Legislature by ]\Ir. Ifoss, in relation to houses leased to that chiss of {)ersons known as crimps, and upnn which Bill I would naturally be called to give a vote in the House. And 1 further add that I have been able to devote, to the j)reparation of this allidavit, a few leisure moments only in each week, and that I have had it in progress lor upwards )f / oi M)iir we<'Ks ke And lurther deponent saith not, but hath signed (Signed,) J. O gned \RRELL Sworn before me at Quebec this 3rd .January, 1809. 5 (Signed,) E. Du(Jal, J. V iVri^ENDlX No. .5. rUOVlNCK OF CANADA, { ■ J^isriiicr oc Quicnix'. > John McTaggart, of the City of Quebec, Boarding-llousc Keeper, being duly sworn doth depose and say : On a Sunday evening, in July, of last year, 1 was requested by Thomas O'Leary, who was lying at the time dangerously ill, to all a[)p(,'arance from a shot he had received in the arm the pre- vious night, to go and speak, to Mr. O'Farrell, to fee him to prosecute the man who had shot him, O'Leary. I according- ly went to Mr. O'Farrell and feed him for that purpose. Mr. O'Farrell and I then went to look for Mr. Maguire, the Police INFagistrate ; Mr. Maguire was absent, as the girl told us, on a fishing excursion somewhere, I forget where, in the ;n roiintry. Wt? then went il own to the Police Sfntioii in tlio Oul-de-Sac ; Mr. O'FarrcU was tryii _ir to persuade the rolico to take the Captain up ; but the Police would not do it for liim, without a warrant. Mr, Edward Reynolds, one of the Sergeants of Police, consented to go, with j\Ir. O'Farrell, back again to ]\[r. Maguire's, to .see if IVlr. Magnire was in. I went along, with them both; and when we came to Mr. Maguire's, Mr. O'Farrell was tcld by the girl again that Mr. Magiiire, was not at home, that he was away in the country, iishing ; after that, j\Ir. Reynolds asked Mr. O'Farrell why ho would not go to some other Islagistrate ; 1 heard Mr. Reynolds mention, Dr. Russell's name to Mr. O'Farrell, as a Magis- trate ; Mr. O'Farrell was afraid Dr. Russell would not act. However, fiway they went and I after them in search of Dr. Russell. We found the Doctor at last, after a good, deal of searching, in William Scully's, attending, to a sick child. When the Doctor was done, Mv. O'Farrell up and spoke to him, about O'Leary's case, and asked him to get the Captain taken up. ]^it the Doctor would not do it at first, but ordered us all oil' to Mr. ^laguire's, saying Mr. Maguire was well paid for it. Then j\[r. Reynolds began to reason with the Doctor, and persuaded him, at least, to go over and see O'Leary, and how O'Leary was. When we went over to O'Leary's, wc saw Drs. Jackson and Moffat there ; I am not sure whether we came in before them or after thcni. When we vv^ent in there, we hadsonie talk with the people of the house, before we went to the bed-side ; and when we did go to the bed-side, Dr. Jackson began to grumble at Dr. Russell's meddling with his patient ; Dr. Russell told Dr. Jackson that ho did not come there to meddle that way, that he only came there as a Justici; cf the Peace, and to take ])roceedings against the Captain. When the Doctor saw how sick O'Leary was he said he would take the deposition ; and so 1 went for John Linz, a foreigner who was with O'Leary v/hcn O'Leary was shot. When 1 brought Lin/ there, Shielhis and Linz were examined, by the Doctor, and their evidence was taken down on paper ; it was coming on day of the Monday morning, when the evidence was taken ; O'Leary was too sick to be examined that morninir. After that the Doctor signed some paper that 1 heard them call a war- rant, and the Police went off to make u prisoner of the Captain. John Linz, the foreigner, could ii^peak just as good English as any one of us ; he acted as clerk to mc for four months, and could write English, I believe. The depositions were read out to the witnesses before they swore to them, and I remarked that with the exception of the depositions being put 8''" mm lio Ihiit ill ssome ievv ])lacesiii a littlo better English than they spoke, those depositions were just us they had told their story, and eveJi in those few places, the sense was the same. It was th(;ir own story that was put down on paper. On Jlonday morning, siiortly before nine o'clock, I saw the Captain go up from the Police Station in charge of the Police ; and 1 followed them up with the witnesses, Shielies and Linz, to the Court. I there saw ])r. Russell ready to begin the case ; the Captain and the two witnesses against him were there, also before the Doctor. When the Doctor was beginning, I saw the i^lico come to the room where Dr. Russell was, and tiike the Captain away from bethre Dr. RuEsell into Mr. Ma- guire's room. Mr. O'Farrell followed them into Mr. Maguire's joom, and when he came out, I heard him tell Dr. Russell that Mr. Maguire was going on with the case without him, J)i-. Russell ; Mr. O'Farrell said moreover that he did not think that Mr. Maguire had a right to do so. And deponent huih signed with across. his JOHN M McTAGGART. nuirk. Sworn before me at Quebec, } thisSUrd day of Dec, 1S5S. ^ (Signed,) W. II. Anderson, J. P. AITENDIX No. 6. Quebec, 14th January, 1859. K. II. Russell, Esq., M. D. Sir, — I have to acknowledge the receipt of your letter of the nth instant, enclosing certain documents relating to the case against Brocksch, for feloniously shooting at and wound- ing one Thomas O'Leary, and requesting me to examine them, and to give you a statement in writing of the several consultations you had with me while Solicitor General, and of the nature of the opinions I then gave you upon this case, also of the opinion which, you say, " I repeatedly expressed to you as to the determination to screen the accused from the consequences of his crime," and requesting me also to state whether the Prussian or Imperial Government, in my time, made any application to the Canadian Government toucliing this matter, and to include in u-.y statement my opinion of your capacity .judgment and conduct as a Magistrate. I have also to acknowledge the receipt of your letter of the 13th instant, giving me, as reqtiested in my letter of the 12th i 30 instant, yonr own version of tlio intorviews luid witli mo, in order to enable ni(! to reeuU to mind the piirticulara and to corroborate your statement in so fiir as my memory would bear me out. I have a distinct recolleciion of your spcakinf^ to me touching the riglit of another Justice to intcrmeddh? f^'ng'y and w^ithout your concurrence in the investigation of that case, in wliich you had already exerci?(Ml jurisdiction and were nroceeding. I gave you as my opinion th;it all tli<; Magistrates of the District were eqnjil in power and jurisdic- tion ; and that no Magistrate had any right to wrest from your possession and control a case in which you had com- menced the investigation, and that if yon were then proceed- ing in it, as I believe you were, the Inspector and ►Su})eiin- tendent of Police had no right to assume jurisdiction owv it to yonr exclusion ; and the onus lies upon him to justify liiiit course. I also gave you, as my opinion, that yon liad a right to issue afresh warrant upon new facts coming up, and also a duplicate warrant when circnmstances ;e([uired it. 1 hnvi; no recoUection of having repeatedly, or at all, expresseil to you my opinion that there was a determination to screen this man. IJut I liav<> a distinct recollection that my im[>res- son was that there was a desire to screen him, without being able to cliai'ge it upon any one in particular; and that im- pression has never been removed. It was positively sv^^orn to that the accused had discharged a loaded horse-pistol in the direction of the boat in which tlu! wounded m;in receiv«'d the shot. The accusation was attempted to be got rid of by bringing up a pistol from tin? shij) which the ball produced would not fit, an<] also witnesses to contradict the facts stated by the witnesses for the prosecution, — the usual trickerv resorted to in such cases. A felonvliad undoubtedly been committed ; it would depend upon the intent proved against the person firing whether the charge to be preferred against him before a Grand Jury would be a capital felony or not. But the deffree of credit to be criven to the witnesses on one side, or the other, the degree of the offence, and in truth tlio guilt or innocence of the accused was a subject for tin? deter- mination of the Jury alone. Brocksch ought, assuredly, in my opinion, to have been committed, or at least bound over to answer, and his schenn'ng to avoid arrest, was a strong presumption against his innocence. I therefore thought and still thiidt that you were justifiable in using all the dili- gence in your power and all the means which the law atlbrdeJ you to bring this man to justice. With respect to your enquiry touching any interference in this iiintter on tlic part of llui Piussiiin ov tlie Iiii[«oiiiil Governnu'nt, or the Proviiiciiil (iovoriiuu'iit, the tiict i-s ([uito new to nie; I had never heard oi'it wh'de I was Solieitor Ge- neral. It is ([uite j)Ossible tliiit if'any cenm.iinii'fition had been received from the Jletropolitan Gov(!rniiieiit on the subject, I itiight have been askeil to furnish information tou- cliing the state of the case, and whether such a charge had be«!n brought against tliis Prussian Captain ; and wliether he had been (h^taiuid or enlarged on hail, or otlierwise, and whether any j)rosecution had )»een brojght against him. I could not jiossibly have any objection to furnish such infdr- nialion if required. But tiiat the Prussian Goverument nr the Imperial Government or the Provincial Governmeui; should express to the Solicitor General who was charged nc the time with the prosecution of all criminal oiltmces in Lower-Canada, and vested with the whole power of the lirst Law Officer of the Crown, during his non residence iji Lov^^er-Canada, or indeed to any Counsel actino- in the stead (jf the Attorney General, would be something novel at the least. T!ie [."blic prosecutor stands between the Crown and the ace; ■ d, .,d is vested with a discretion which no man, however high h.is authority, has the smallest right to tainpcr with, unless in State prosecutions where the Govern- ment stands in the relations of a client. It is quite possi- ]>le that such a communication nuiy have been received from the Imi)erial Government, and that looking at the Govern- mental law (dements of that day and of this, I should have been written to on the subject had I remained in otiice. It is also within the bounds of possibility that i should have given it an answer of some kind; but what that answer would have been, the contingency not having occurred, I am not now called tipon, nor would it be right, to say. It might, be a matter, of some curiosity to b<'Come ac([uainted with Prussian notions ^.ix these matters; it might also be instructive to learn tli "u vs of the Colonial Minister and his Government, hav/u^. :,.e issistance of the best criminal and constitutional lawyer. { the day, on the same question ; and it might not be without some utility to have the advan- tage of the learning and the law of the Lower-Canada Law Of- iicer^ of the Government on this question, in order to know to what extent they would subserviently carry the doctrine of intervention or control in public prosecutions on the Napo- leonic principle. But it is not probable that the Governor or Covernment of Cn'iada would atlbrd us this indulgence. Seeing, however, ' ..t one of the Govormnent organs in this City, speaks authoi , ively of an " OnJrc Mctroiioliiaia'''' in this particular case, i may be permitted to say, in the inte- ' :) f J 3S rests of the people of the Lower Province, that had the pro-i > Nccution of any man for crime, in the District of Quebec, Iteon interfered with, me consnie, an answer would have been given which would effectually prevent the n>petition of such interferfmce on the part of the Prussian Government or of any other thing called a Government in Europe, or of the Im- perial or Colonial Government. ,i It is useless, nay mischievous, to drag into the consideratioil of the case of the charge of felony against Brocksch, or of that of your dismissal from the Magistracy, the question oftheou-.,, trages charged to have been committed by that class of peoph") called " crimps," u[>on tlie shipping of this Port. That such outrages have been repeatedly committed by bands of lawless men, is matter of public notoriety, and if laws have not been , enacted to re{)ress sucli acta, it is very much due to the Que- bec Board of Trade, who represent the mercantile and ship- ping interest. A measure was introduced by i' ''r »vernmenc in the Session of lSoG-7 of a highly stringent h mal cha- , . racter, and which would undoubtedly have plac. ; an effec- tual check upon such disgraceful proreedings. The City Members, in the interest of a particular class, opposed it; the the Board of Trade, in its wisdoin, also opposed it, and it was of course dropped. But there is nothing, even under the worst circumstances (except the law oi' self-defence) to justify Brocksch or any other man in taking the law into his own .'^ " hands, and if the hair of the head of the most lawless crimp in the Port of Quebec is touched, that individual, crimp though he be, is entitled to the protection of the Law, ami the aggressor must be laid hold of and brought to trial, ac- cording to the Criminal Law of the country, be he a Prussian ." Pirate or a Prussian Prince. The verdict of the public, iu j / respect to any act, however criminal, committed against the ,' crimps generally, is, in the common phraseology of the day, ,_) " sarvcd them right," and few people will sympathize with them. 13 ut when the matter comes to be investigated by our Magistrates and Courts of Law, justice must be blind, . , and the Criminal Law impartially administered to all, a"ti' '■! there must be no interference or tampering with those who ; ,' are charged with its administration by any Governor or Gov- ^ ' ernmcnt whatever. /„ With respect to your capacity, judgment and conduct as a j\[agistrate, I do not know that I am in a condition to speak positively as to these points, not having been present sufii- 'J, ciently often when you CAcrcised Magisterial authority, to '^^ enable me to judge. But this I can say, that I have always observed that you discharged your duty with great zeal and with a single eye to a correct conclusion, and I recollect '" •;-i- v^ .)',i nothing to the contrary; and if I have hoard anything said against you by your opjtonouts, it was that you frequently exhibited too much zeal. I cjin state tliat on an important occasion, wlien an individual, residing in 8t. Sylvester, vi'as reported to be in a dying state, consequent ujion an atrociou.'i assault made upon him, and that it became necessary to ob- tain the " dying declaration " of the wounded man, and that no Magistrate could be procured there to discharge that duty, I requested you to undertake it, as you combined tin; two capacities of Magistrate and Pliysician, and to proceed forth- with to that Parish, at that time said to be in such a distur- bed state, as to require some nerve in the person who would venture into it, and that you repaired to the place in the night under circumstances of great ditficulty, and executed your mission to my entire satisfaction. . .,,,, .r*,,.., - . • . _^ ,. Believe me, your ob't. servant, ." i ii ... , DUNBAR ROSS. ■;i;? vif:i :X^''.. .-.. 'x\i i..' APPENDIX No. 7. PROVINCE OF CANADA, ) '""'"'. '"' " T V , . i DiBTuicr ov Quebec. ) Patrick John Daly, of Quebec, Ship-Chandler and Grocer being duly sworn, doth depose and say ; One Sunday morning, last July was a twelvemonth, I met Mr. O'Farrell, Advocate, of this city, and told him that an Irishman from Champlain Street, had been, as I had been told, murdered the night before by a Prussian Captain, who dealt with young Denis Maguire. I further mentioned to Mr. O'Farrell that I had heard also that the Ca[)tain wa.s hid in young Denis Maguiru's house until he could get away with his ship next morning. About a fortnight afterwards, I had occasion to see Mr. O'Farrell on business; when I found Mr. O'Farrell, he was in company with Dr. Russell, then a Magistrate in this City ; and there were in the same room with them, one Abraham Solomon, a German Jew, who spoke very fair English, and another man, who, I believe, was a Prussian sailor. On my telling Mr. O'Farrell that I wished to speak with him, Mr. O'Farrell came out of the room with me and we spoke together of my business. When I was about to take my leave, Mr. O'Farrell seemed to think that I was displeased at his not speaking to me of my business in the room where Dr. Russell, Abraham Solomon [and the Prussian sailor were, and, as I thought, to explain away this supposed slight, he said to me that he was occupied, when I came in, with the ti % £^ '■ WW' affiduvit of ;i sailor of tlio " Joseph Earle," against the Prussian Captain whom Mr. Maguire had dischargyd. , ,, Tho Abraham Solomon, referred to by me, has left the country sIikm' that time. I was acquainted with Mr. George T. Busch, late of tho firm of Sinn and Busch, of this city. Brokers. Mr. Busch died same time last winter. I know that Mr. O'Farrell, before Captain Broi^ksch's affair, had been ^studying German ; bu|: I do not isPQW whether he had any person teaching him. :* *."". '' ,.'''' (7 ^^^ ,v .'^i^ ..r I have frecjuently heard persons say that yovng Denis Ma- guire boasted of his influence with the Inspector and Super- intendent of Police, in cases before that gentleman. I be- lieve that Ship-Captains often believed that to be the case, and dealt with young Denis Maguire, in consequence. Indeed 1 heard Captain Gallagher, of the bark "Reaper," of Shields, say to another Ship-Ca[ttain and myself, that, if lie ever came back to this Port, he would deal with young Denis Maguiro, because young Denis Maguire had influence enough to get Ship-Captains out of their scrapes. We had been talking at the time of the law-scrapes of several and Captains by8cra[)es, I understood Captain Gallagher to nwan; the law suit? that Captains usually have before the Inspector and Superinten- dent of Police ; this was in the year one thousands eight liundred and iifty-six, and Captain Gallagher was dealing with lis at the time. When Captain Gal'agher returned to this Port in he year orie thousand eight hundred and fii'ty-seven, he did not deal with us. .. , , .And further de])ouent saith not and hath signed. (Signed.) P. J. DALY. .Sworn before me, at Quebec, ) ^'>'f this 10th Jany, 1859. > v -om; ■■ u ^ -'•' :f' .,!, *■.(. .,/„■■>./: Secfietauy's Office,-. - ; -• - 1. a:' y ;. . ToitONTO, Urd March, 1859. : ;, Sir, — I liave the honor, by command of the Governor Ge- neral, to acknowledge the receipt of your answers to the charges preferred against you ak Justice of the Peace, and to inform you that the subject will receive His Excellency's at- tention. '''[ jt: r.^ni^c.i!o ' ' I have the honor to be, Sir, •' ; y '" ' ■ ''; >, ! n,';;t,y ^ iftfAX y Your most obedient s^ervarit, ' ' ,^.,, ^ E. PARENT, K. II. RiTssELL.-Esq., M. D. E., ^'^'^^,i'^^. ^„^. Assist. Sec'y. *.' Ciuebec. r r*Kfi- Vii- 4: WiV