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(•()MMIM(ATIX(i, In comjiliance u-i/k a resolution of the Senate of the 2Ut of Fehruary last, in- formation in relation to the ahductiouof one Allan Mavdonaldfrom the town- ship of Moore, in Canada. Maiu-ii 0, 18G8.— Read and referred to the Coimiiittee on Foreign Relutions. Makcii 10. l^Ge.— Ordered to be printed. To the Senate of tha United States: In answer to the resolution of the Senate of the 21st of February last, in re- ation to the abduction of one Allan M , onald from Canada, I transmit a com- nunication from the Secretary of State, accompanied by the papers relating that subject. ANDREW JOHNSON. Wash!\gto\, Marrli ,5, 18G8. '^ Depaiitmknt of Statk, Washivi^ton, March 5, ISGS. The Secretary of State, to whom was referred the resolution of the Senate of :he 21st of February last, in relation to the abduction of one Allan Macdonald rom the township of Moore, in Canada, has tlie honor to lay before the Fresi- lent the papers mentioned in the subjoined list. Respectfully submitted : WILLIAM II. SEWARD, The PllESlDKNT. LIST OK AC'COMI'A.\YI.\<; I'Al'KUS. Mr. Wilson to Mr. Seward, October V, 1SG7. Mr. Ford to ]\Ir. Seward, November 29, 1SG7, with accompaniments. IMr. Seward to Mr. Ford, December 4, 1SG7. Mr. Seward to Mr. Russell, December 4, 1SG7. Mr. Seward to I\Ir. Ford, December 20, 1SG7, with accompaniments. Mr. Thornton to Mr. Seward, February 14, 186S, with accompanimei Mr. Seward to Mr. Thornton, February 17, lytiS. Mr. Thornton to Mr. Seward. February 20, ISGS. L-'ompaniments. A15DUCTI0N 01' ALLAN MACDONALD. Mr. Wi/.wn to Mr. t-icu-anl St. Ci.aik, :Mk;iiI(ja.\. Oriohvr 1, 1867. Sir: Should tin; British f^r.vcinmcnt iniikc a requisition upon t ho United Stiitoa'govoriinKMit fur the cxlrailitidn of one Allan Mac(l(pnalil, on account of ilia alleged unlawful capture' hy Wni. 11 Dnnipln-y, filieriff of thi.'< (St. Clair) county, and Andrew Dumjdie}, at the towns'liij) of Moore, Lanihton county, province of Ontario, on Saturday, tiie .Olli ins^tant, }iieat;e he so kind as to defer all action mitil a full statement iiltlie case can be made under your direction. ]\Iacdonald is a prisoner under final sentence, ])assed by the United States district court for the eastern district of Michigan some two weeks since, for the crime of smuggling. He was senienced to pay a line of som 'thing lik(; live hundred dollars and costs, and in default was, by order of that couit, commitled to the custody of the sheriff" of this county, this being the ]dace where the offence was perpetrated. He escaped to C/uiada, whence tin! snmggled property was im- ported, and which served as a deiiot fir the property smuggled in this particu- lar case, and in many other-;. He sought asylum in Canada, which has been, and now is. the asylum for smugglers who have violated our law. The inter- view between himself and Cohmel Dumphey, (the sheritV,) in Canada, and which resulted in his involuntary extradition, was s(dicited by Macdonald ; and it is believed that through his instigation one w more hiil/iis were assem- bled to assault Messrs. Diunphey. The assault was enPMuenced by C.madians, Avlio are responsible for the force used. It is all'ged that pi-tol-shots were fired, and that one Canadian rec( ived a bullet wound in his head. This is de- nied- On the contrary, it is claimed that the wound, if any, was eaused by a stroke with the but of a pist(d, made in self-defence, u])on a man who connnenced th(! cmeute. The fact that ^Macdonald is a jirisoner mider linal sent 'uce, instead of bc'ng under preliminary arrest, is subniitlid as a n ason why nuudi camion should be exercised 'v\ the investigation of any dcmainl the 15iitish goNernnnnt may make in the ])rcmise3. I have the honor to be, sir, very respictfidly, }(>ur most obi'dient, (i. W. WIUSON. lion. AViM.iA.M H. Skavaku, iSccrctary fi/' Slate, Wun/iingtuv, T)- C. i Mr. Foid to ]\lr. Siuund. WAsiii\(iT()\, Korcmhcr 29, 1SG7. Sin : At the instance of his excellency the goveriior-ginicral of the dominion of Canada, 1 beg to call your attention to rla.' circamslauci's under which a Brit- ish subject named Allan Macdonald has bi'cn placed, oiui is still kept, in close confinement in St. Clair, in the Stat(! of Michigan. From the five affidavits, specified in the margin, which 1 have the honor to inclose herewith, it would ap| ear that on the afternoon of the 5ih ultimo Macdonald was standing near a tavern situated in the township of Moore, province of Ontario, on the road running along the bank of the St. Clair river. He was there accosted by William C. Diuuphcy, (sheriff of the county of St Clair, in the State of ^lichigan,) and Andrew IJnniphey, (a brother of the sheriff,) who desired him to cross tlie river with them. On his refusing to do so, William Dumphey drew a rev(d\i'r and threatened to blow his brains out if he failed to comply with tin ir wish, and the two Duinpheys then laid hands on jMacdonald. A iiersoi'i named llunkin appears then to have inter- t \ i ABDUCTION OF ALLAN MACDONALU. 3 ',-) fercd, wlicrinipon a .-itriigglo (mi.-*iii'(1 bctrt'ccn him .iiid William Diimplicy, in the Vj coiu-fX! of wliicli till' lafttr iircil two sliots with iiid nivolvor, both of which ' . grazed IlanUiii'rt head, who fi'll and wan finally overcotnc, after which Macdoii- ' ^ aid was secured and forcibly removed from tin; ^'oil of (!anada to tii;it of tin! ■ ■ United States'. I trust that you will be good enough to cause an invesiigation to be mule in the matter, and I venture to liope tliiit, should the inquiry lead to the sulistin- tiation of ihe facts alleged, IMac lonald may be set at liberty, and such other reparation made to him as the circumstances may appear to riMjuire. I have the honor to be, with the highest consideration, sir, your most obedient, humble servant, FRANCIS CLARE FORD. Hon. Wii.MA.M 11. Sf.wap.d, t'^r., Sf-c, !ft\ t Dv2wsition of Stephen lian/,iii. CorxTV OK La.muton, to irit: I, StoiiluMi Kaiikiii, ut' tlie to'viisliip of Moore, ia tlu> county of Lninljton, uii'l piuviiicMj o( Ontiiiio, yeoiiiiiii, iiinko oiitli iiud nay: 1. That on the tit'tli diiy of October, in tlifi yuar of our Ijonl one tlioa^iiml eijjlit liumlietl ami si.xty-sovfii, 1 was jn'u.scnt at a taveni kept by oiio Joseph Oallanio, on the side ef the road which runs aloiifc the l)anli of the river St. Chiir, in tlie said township of Moure, op- posite to the town of St. Chiir, in tlie iStati." of Micliijran, one of tiio I'liited Slates of Aiueiiea. tJ. That about thieo o'clock in the afternoon of the said lifih day of October, I suw one Allan Macdonald ,staii( Micliif^rau. Said ofiicer then told me ho wonld blow my bruins out, and iiiniiediately thed a revolvei- at me. I fcit the ball strike mo on the back of my head, ami 1 I'ell on my knees. I sirn;,''j;'ied on to my ft ft, wIk'u the said otiicer af]fain tired at me witli a revolver, and the [mwdi'r tVnm the discharge of tlie said revolver jiartially lodp^ed in my ri;:fht eye. 1 then closed witii said ollicer, and we both rolled into the ditch by the road-side, wliere I rdiminished my Iniid of tli(< .said otMcor. ;i. That after I had relimpiished my hold of the said otlicov, as aforesaid, 1 saw him, to- gether with tlie other of said olliccrs, place the said Macdniiaid in ii bnat, and row across the said river St. Clair, in tlio dirc'tion ol the said town ot' St. Cluir. 4. 'J'liat at the time the said Macdonald was so taken away in the said boat, as aforesaid, he was bleedinr;i. yeoman. y. Tliat I visited the jail at the town of St. c;lair, in the State of Michigan, om^ of the IFnited States of America, oti the seventii day ol November, in the year of our l.,urd one 4 AUDUCTION OF ALLAN MACDONALI). tlio\tH(iii(l fiplil liunclrwl iiiiil sixty-sovcn, ut abotit tlic Imur of tlirci' d'clock in tin' (iftpinoun, tuid I tlipii and tliero t'onnd the saiil Alliiii MiicdimaM cdiiliufd in tlic hii'kI jivii. UEHECCA + MACDONALI), mark. Sworn bcfbio nic, iit (Ik; towiishiii of Moore, in tlie ('(iniity of lyimibtoii, this seventh day of Novenil)cr, A. D. If^tiT, hiiviiifj been lirst rend over .ind e.\|iliuned to tlie snid (K'|)(inent, Kebeee.'i Miiedoniild, wlio soenieil iierfectiy to nnderstimd tlie siime, and iiKide her mark thereto in my presenee. .JOHN MADDKN, Justice (if the I'mri, Cuitnti) of Lambton, l)(liiisilion (•/ Jolin Kirlnj COIINTV OF Lamiston, to tcit : I, John Kerby, of tlie towushiii of Moore, in the eoiinty of Lambton, buudier, iniilie ohIIi and say : 1. Tliat at or about three o'clock in the afternoon of the fifth day of Oetolier, in the year of our Lord ont^ thousaml eipht hundred and sixty-seven, I was driving jiast the tavern kept by Josepii Gallarno, sitinit(! on the side of the road which runs along tiie bank of the river St. t'lair, in the townshii) of Moore, in the county of Lambton, ojjposite to the town of 'St. Clair, in the State of Michigan, one of the United States of America. 2. That at the said time and ])lace above meulioneil, while so driving past the said tavern as aforesaid, I stopped and spoke with one Allan Macdonald, and, while so sixakiiig to him, a man whom I did not know, but have reason to believe was an otlicer from the said town of St. Cluir, took liold of said Allan Macdonald by the collar, and, drawing a revolviT from his jiocket, threatened to shoot said Macdonald if ho made anj' resistance ; tuid immediately then another man, whom I have also reason to believe was an officer of the said town of St. Cliiir, seized the said Macdonald and dragged him towanls the river bank. ;i. That after the occurrence stated as above, I ran up the road lor assistance, and wliile so ruruiing I heard the report of a pistol. 4. That after the above I saw said Macdonald being takt^n towards a bout lying at tlio bank of the river St. Clair, by the two men mentioned above as being officers, one of whom held a revolver in liis liaud, and the said Macdonald was then bUcding from a wound in the face. r>. Thai I then saw said ofiicers jmt said Macdonald in a boat, and row the same across tlie river St. Clair, in the direction of the said town of St. Clair. JOllX KKKJ5Y. Sworn before mo, at tlie towiishiji of Moore, in die county of Lambton, this sevcinli day of November, A. 1). Ifli". .JOHN HADDEN, J. I'. Co. I.uiiditon. Deposition of Andrew (lalturuo. Cot NTY OF LaMIITON, to uit : I, Andrew Gallarno, of the townsliiji of Moore, in the county of liambton, yeoman, make oath and say : I. That on the fifth day of October, in the year of our Lord oi.e thousand eight hnudred and sixty-seven, I was present at a tavern k I i,.„.l ...wl ,.:„i ..,„.. 1... .1..., ,..f .......f >,. fl.., t^,..% iSl. i^iair, iHicmgau. i cauea upon j 'ocior t.. '_'iivur, wiio nau uiesseii siuu iianiMo .i iiunnu, and stated to him that I wished to see said Kankiu, and examine said wound. Doctor Oliver went with me and found said Kankin in a blacksmith shop, and brought him to the store of ]rlr. Johnson, at Mooretown, when: I examined said wound, first removing the dressing, .tiid found a semi-lunar incision on the scalp on the jjosterior jiart of the head, not to exceed a half an inch in length, with the tissues entire. The incision was perpendicular in its direc- tion, and iiad the appearance of having been cut by the sharp end ot some hard substance, like the butt of a jiistol or end of a sharp stick or stmie ; and deponent further says that ho is familiar with gunshot wounds, having in his jiractice dressed a largo number, and is per- fectly satislied, from a critical examination of the wound on the head of the said liankin, that the same could not by any possibility liave been iiitlicted by a gun or pistol-shot. On examining the woimd with Doctor Oliver, he, Doctor Oliver, stated to nie that ho was fully satisfied that the wound had not been made by a shot, the edges of the wound fitting each other, none of the tissues being carried away, as it must necessarily have been if the wound had been inflicted by a gunshot wound ; and further deponent saitli not. M. S. CORNELL. Subscribed and sworn to before me at St. Clair, this -'th dav of October, 18o7. M. H. MILES, Justice of the Pence, St. Clair County, Ulirhiaait. Mr. Seward to Mr. Ford. Department ok State, Washington, Dcccinher 4, 1SG7. Sill : I liave tho honor to acknowl'^dgo the rfcoipt of your comituiiiicatioii of the 29th ultimo, rdativc to the alU'ged foreibU; abdtH'tion of a Briti.'^h subject uamod Allan ]\racdonahl from Canada into the United Statei?, and who is now 6 AIlDlICnoN OF ALLAN MACJ>()NALI> lu'ld ill c'lofc couCirii im lit in St. Clair, Micliif^an. In reply, I liavc tiui liorior to ir.lniin you tlmt tlif piojicr autlioiiticH will lie (linclcd .0 lunkc a thorough invcftigalioii (if the iiiutlcr. 1 have tilt! ,.()!i()r to lu', fir, your ohcdirnt nr rvaiit, WILLIAM II. SKWAUD. TllANCIS Cl.AHK F(i|||>, Esfj., Sfi:., SfcSfC. I 1 Mr. Seward to Mr. Russell. l)KI'Alt'r.MK,.\"r OK S'lATK, \V(tsliingl(in, Ihccmhvr l, 1SG7. .Sill : llcr Britannic Majo.^tyV cliargi' d'affaires lian pent to tlii.-* dejiartnieiit ficveral afUdavits, tendinjj^ to iirovc that on or about tlio ')tli day of October last, William I)iiii|iliy, s^tated to be I hi; ,ts of the papers thus submitted. I have the honor to be, -with the liighest consideration, sir, your obedient servant, WILLI A J[ K. SEWARD. Francis Clark Fohd, Esq., S^-., Sfc, Sfc. AUDIJCTION OF ALLAN MAC DONALD. Mr. liusHvll tit Mr. SvuHiril Umtkk Sr\Ti',s Disriin T AiroiiNKv's Okkick, Ka^TKUN DisTlllt'T ith" MiClllilAN, Detroit, Dcrcmlxr 1(), 18G7. Silt : I have llic lioiiur to aekimwh'df^o your coimnunication of tiio 4th instant, nMjiicstitifjf nic to iiivc'stifiiitc and report the fact^* c'onc('rnin<;j tlus abduction of Allan Macdonalil from Canada, and liitJ ri'tno\'al to tin! lJnit(!(l Stati.')0(l) five hundred dolhiis, and costs, for sinugplint; liipiors tVoni the province of Ontario into the. Ihiited States, and coniined in vntiio of ii miltiiiiug issued out of said court, in default ol payment of s lid tines and costs ; was coininitted to the eominon jail of the county of St. Clair, of which deponent was and is the le;ral and acttuii keeper, und who hud been allowed the jail limits, and had eseajied to tla; said province of Ontario, to meet him the sahl Mac- donald in the township of Moore, comity of Lambtori, iiroviiice of Ontario; and that in jiursuance of said rccpiest deponent did proceed to the said place, and was accompanied by his brother, Andrew J)iniphy ; luid that he did meet tlie said Allan Macdonald as requested. That the said Allan Jlacdouuld was desirous of couiproinising tlio amount of said tino uud 8 AnDUCTION OF ALLAN MACDONALU coHtii, niid iisMirpil (lopoiumt tliiU li'- wmilil imt liy lii.i mt In tnkiiii,' iiilMiii(ii;:i- nt tln' riciii nicnt pivcn liiin siibii'i't (Icponi'iit to imy iiijmy, 'I'lmt nHHid. That diiriii); \tn prop:vec><, and without any eaiise, exeept that deponent was an Ainerieiui eitizpii, ami wldlo In peaeo with all mankind, oiie Kimkin, whose llrst mmie is nnknown, a resich'nt of Moore, an deponent has Kineo been informed, Httaeked deponent with foreo ; that he the Haid liankin pnippled with deponent, and liotli deponent and h'ankin fell, deponei:t tailing,' underneath; inid that wludly in self-defenee, while thus prostrate, iio dejioiient .striiek the said liimkiii with the lintt of his nisttd upon the liead, and that hy reason of the ( eussion the pi.stol (lisehar),'ed, it heinp loaded witii lixed earlridfjes. 'I'hat deponent then extricated himself from the ^msp of said Kunkin, ami thai he, the said li'ankin, rose anil ualked lo u house near the spot. That dining the whole atlVay, and the lakinp of the said Allan Maedonald from Ontar.o, deponent di(i not toiieh him, jlaedonald, or direet or advise any one then or at any tiinu to take him liy foree from Ontario. That his, dejionent's, purpose' in noini,' to Ontario on that oeeasion was to eomply with the reipu'st of Maidonald, and ju'rHuade him to voluntarily return to the United States, if possihle. And de])oneut further say.s that the said Allan Maedonald i.s an unmarried person, and has reshleuii his face, that there is no gunshot wound, or .any other mark of injin-y, except as above stated, ui>on his person, and that he, the said Allan Maedonald, IS in good health, and stated that he had not been shot at, and that at no time has he claimed to have been; and that iic now feels entirely well. G. L.' CORNELL Subscribed aiul sworn to before nic this lOili day of October, A. I). l-^HT. (i. W. WILSON', Notiiry Public, St. Clair County, Michinan. COI'NTY Ol- St. CI.AIU, .<.< ; I hereby certify tliat the foregoing is a full, true, and eomi)li'tn copy of uu ailldavit taken and made belore me on the day of the date thereof, and bv me forwarded, at the special in- stance and reciuest of himself, to T. 15. Pardee, (Queen's coun.-el at Sariiia, province of On- that the examiuiUion therein recited was iiiade at the like instance of the said tario ; and Pardee. C. W. WILSON, Sotnry Piihlir, St. Clair County, .Virltiaan " C. — Deposition of (iim-:if. 1. CoriirV. Stati: of Mh:iii(;a\, County of St. Clair, ss : _ George L. Cornell, being first duly sworn, deposes and savs that lio is a in-aeticincr i)hvsi- cian and surgeon, now residing at the city of St. Clair, in tJie county of St. Clair utoresaid ; t Anni;cTroN of allan macdonall) r timt on the "-til -lav of Octoli.T. A. I). 1^(57, (!«■ ((Ii-poiir-nt) w.-iit to Moni'i't.twn, in t1i.« nrovincB I'Mditiirio, (Inniiiiiiiii ..I'C'uimJa, ut. tlin r.'i|ii('Ht of Willitiin II. llimpliy, MhiTitVcf ihc coiintj of St. ('Iftir, for tlif iHiipoHc of iimkiii(,' lui cxiiiMiimtion of i\ mitn wIh'.hc imiiin lio iiudcisioocl to 1 1(1 —— Kiiiikiii, hikI who, it was icporrc.l, lni.j rccciviMl h p,i,i.sliot wixiiid t'loni u pistol fircil (It him on or aliont iho .■.th .iuy olO.'tolM.r, A. I». JHtir, lU tho town^liip of Mooro, in the "n.viiico of Ontario iilorrsaiil, hv nniil Dnnpliy; tiiat h.-, (ilcponont.) tiii-n ami thcnc, mot .»octor i;. Oliv.T, who intoriiipl wiiere thm deponent made, in compaiiv with said Doctiu- Oliver, an exauaiiatiou of the said wruind upon Ih.. said Ifankin; the said wound was a little aliove tho line ol the ear, .,ver tlie external pr.ituheranco of the occipital Ixuir, and per|)eiidiculftr in its direction ; that said .*Vi""i r"^ ",'""" ^''^■'■'i-'*ixttli of October, l.-^()7, it is alleg'"'!. was forcibly abilucted from the province of Ontario, viz : " Had been at the fair at Mooretowii Tlinrsday, ami sent word to Colonel Dimphy that 1 was cominff n]i Saturday, and re(|uested him to come and see mo. Came np from iny fath- er's near Wallaceburp, with a nei)hew, George Maedonald, about twelve or foinleeii years c'd. Took dinner at Jos. Gallarno's, Dunphy with me. I told the slierilf, Dunphv, that it 1 would make an affidavit that he would not lock me np, I "vonld go rijjlit over with him. i.'lon't recollect what he said. I also told Jos. Galerno that if Dunphy would swear that he would not lock me np I would e;,, rifjht over with him. I was intend'iiip: to come ov(>r, and would have come if tlie colonel would have been obliged to have lost anythinn' bv reason of my leaving. I did not intend to remain away, but thmKxlit I could settle better ii'iti Can- ada. I did not intend to let the colonel lo.so a cent on my account." At the close of the conversation are tho following remarks : " I would liavo come over in five minutes if they had not begun so rough. Colonel Dun- phy has always treated mo like a gentleman. I have not comuiunicated with any one, betore this, tho particulars of the atlVay, or said anything about it." 10 ABDUCTION OF ALLAN MACUONALD. 'riic ii'iovo is ti full iiud coiisoctiiive i'y of tliu I'tiiivcisiititni updii tlic pdints stultj, and tlio \\ Imie (\\ of October last, by William II. I^unp'^}', siierifi' t)f St. Clair, in Michigan, accompanied by his biother, Andrew Dunphy. I venture to a^k you to peru''e those documents, and I think you will con- sider that a certain amount of force was used by the two brothers on the occa- siop in question. At the same tinu; Macdonald can in:i|iire but little sympathy, for there is no doubt that he hadbehaA"d extreuiely ill in escaping to Canada, after the sheriff had kindly given him his liberty on condition that he should not leave the town of 8t. Clair. It seems, too, that Macdonald, being desirous that the sheriff should not suffer on account of the former having made his es- cape, actually invited him to come over to Moore, in order that some arrange- ment might be come to, and he expre^oi.d his determination, if that were found impoiJsiile, to return himself to St. Clair. And in his subsequent declaration, Macdonald states that he should have returned that evening, if force had not been used to make him do so in the morninj]'. iliese are no doubt extenuating circumstances, but although on so extensive a frontier as that between this country and Canada it is diiHcult entirely to prevent abuses of power by subaltern authorities, it is certainly in the interest of both countries to put a stop to them as far as possible; and I therefore hope that after examining the evidence I now forw.ird to you, you will be able to recommend such measures as may show your sense of what took place on the occasion of the abduction of Allen Macdonald, and may contribute to }irevent tin' repetition of such an oc- currence. 1 have the lio'ior to be, with the highest consideration, sir, your most obedient, humble servant, EDWARD TUOUNTON. Hon. Wl! LIAM II. SkWAUI), i!^r.. Sfr., J^r. Mr. McMkkvn to Sir J. Macdonald. OkFICK OV .Sril'H.MHAUY .VAlil.SlllATH, Wi/idso/, January 17, 18GS. Siii : In obedience to your instructions I proceeded to Sarnia, and thence to the township of Moore, (Jcc, and instituted a thorough investigation into the circtuast.'uices of the abduction of Allen Macdonald from tlie township of .Moore, on the 5th of October last. I have the honor to report tiio result of such investigation, which I hope and beliove ymi will iind very clearly set fortli the main features of tliis affair, and exhibits the chief (juestion involved, fully and indisputably confes.sed. AIJDUCTION OF ALLAN MACDONALD. u t You will find the whole matter succinctly euhmittcd, vix ; 1. Copy of communication fVotn T. B. Pardee, et^q,, county crown attorney of Lambton, to the lion. J. S. ^lacdonald, attorney general of Ontario, reporting the abduction. 2. Communication or rejioit of said county general to said Hon. John S. Macdonald, attorney general, with evidence taken by him, the said county attorney. li. Copy of original aflidavit of John Kirbj', followed by a confuuiatory ciHdavit made before me, in which is brought out some additional facts connected witli the case. 4. Copy of original affidavit of Stephen Rankin, following which is his affi- davit made before me on the 14th instant. C). Copy of original aflidavit of Andrew Callerno, with confirmatory affidavit of the game, made; before me, also or. the 11th instant. (>. Copy of original affidavit of Ilebecca ^Macdonald, mother of Allan Mac- donald — the object of this being to show that Allan Macdonald Avas still in jail on the 7th of November, 1SG7. I did not deem it necessary to renew this, as she lived at considerable distance, and the fact is established anew at a Liter date. 7. Aflidavit of Josejili Callerno, made before me on the 14ih instant. This Avitness was not examined at the original investigation. 8. Affidavit of George Powell, made before me on 14th instant. 'I'liis evidence is also original. 9. Aflidavit of Samuel Collinge made before me on 14th instant. This evi- dence is likewise original. 10. The affidavit of Allan Macdonald, the person abducted, taken befori^ me in the jail at St. Clair, in Michigan, on the 15th of Jaiiuary, ISGS. ^Macdonald was permitted by the sheriff, William 11. Dunjihy, to be in a room with me, free from any obstacle or hindrances to his giving me his own free and unbiased ver- sion of the case. 11. Statement voluntra-ily made by William II. Dunphy to me in the jail at St. Clair, Michigan, on the loth January, ISGS. 18. Confirmatory statement ot Aiulrew Dunphy, made at same time and place. I do not think it at all necessary to weigh minutely the evidence as to con- flicting p(nnts, as you will at once observe these affect the case but in immaterial issues. The difference in testimony is but such as is usually found to exist in separate accounts of matters occurring under excitement, when all the witnesses are equally observant and truthful. The main facts are fully establishc' and are not disputed, vjz : That ^tacdonald was carried away by force and violence, and against his will, from Canadian territory, on the the 5th day of October, 1SG7. That Macdonald was so carried away by William H. Dunphy, sherift" of the county of St. Clair, in the State of Michigan, and Andrew Dunphy, brother to said sheriff. That said Allan Macdonald was taken and carried away to the town of St Clair, in Michigan, and there imprisoned in the jail at St. Clair, and that said Allen Macdonald is now, on the evening of the 15th of -laiuiary, ISGS, still in jail in said town of St. (-lair, in custody of said William JI. Duni)hy. It matters little whelher ]\Iacdonald was first seized or taken hoi ' ;>f by Wil- liam n. Dunphy, (u- by Andrew Dunphy, and this is the only material point disputed by said Sherift' Dunphy. Sherift' Dunphy admi.s most clearly and distinctly that IMacdonald was not assenting to his being taken away, and that with a certain d''gree of violence he and his brother did take Mactlonald across the river, and did put him in jail at St. Clair in his own custody. He also admits that a revolver was exhiiiited, and that he struck Rankin with the butt of it. So far, I ap[trehend, is comprised the Avhole gist of the case. 12 ABDUCTIO.V OF ALLAN MACDONALD. iTncV'^Thi'^ll!"'? ^'^""" '' '"'^"'J-. '^^^'' '^'»^"^^'«» ^^'^^ ^-'^'' f^'-ce ami vio- lence. 1 1(3 abduction was committed bv William H DuiidIiv • -inH th^t Alln., 0. Mc.MICKEN, Tr o- T » ,r Stipendiary Magistnit,; Ontario. Hon. Sn- J. A. Macdo.nald, K. C. 15., &c. il/r. MrMiclcen to Sir J. .UcDona/J. SLPPLEMK.NTARV IU-:..OHT-T„K AliDUCTI-.N .,F ALLAN MA. D...VAL1>. Office of Stipknoiauv Maclsthatk, ^; T . , Windsor, January 18, 18(38, United S to nn ^^"^%^f'^^;'»'^ l^' ^ ^m of a rei)ort of Alfred Russell, csn , United btiitc. attorney for the di.striet of Midii-an, on the ca^e made to tl p onorable V. II. Seward, Secretary of State for tl.o l^uted S . t os undo d Ue of 16th of December last. You will note that this report of Mr lli ssel was in tno list place, Macdonald was not a citizen of the United States— see I d n:^o,Kni';c? r' 1 "in^;" ^" '^'^"^ ^"""''>'' -^^ -^ •^^'ted iy h . in UiL second place, .Alacdonald did not " start voluntarily to return." All the a disputed point Havinj? seen the pistol and made innuiries resnecti t tl « wound, 1 am inclined to the former viiw of the case. iV cm i iowev r ?h ■ eriff th "; ''" ^^^^"- ^""i '\' ''y^' " -^ '^ b« -' --"^l-- act of the .hei ff, the ransaction is reduced to a less proportion perhaps " And in a conversation with him last evenin- on the -iffi r ho -ifr,., li . ; V, testimony, with Macdonald's aflidav^^t, and ShSff hin ;^' 'Si^J^^dmr i.ed xne to say that he had no doubt the abduction toolc li e it] o u llacdon' aid's consent, and with a certain de-ree of force. •Uacdon- T have, &:c., Sir JoM\ A. Macdonald, K. C. 15., Mini./cr of Justice, ^r., ^r., ^•.. Ottawa. G. .McJIICKEN, Stipcndia ry Magistrate. Mr. Russell to Mr. Seirard. Umtku States DisTiti. t Attoh.nev'.s Office, y Detioit, Deccviher 10, 1867. hWK ■ 1 liave the honor to acknowled-e your communication of the 4th inst AiTr r!fcd!:;::di"f """?'"'^'i "'Vt'"''' "'" '-"''^ '^"— •"- ^'- abduc'on t Allan Macdonald from Canada, and his r.Muoval to the United States. Macdonald, a citizen and resident of the United States, recently pleaded o-nihy an indictment for smnssUng in the United States district cnirt hens wal Jtenced o pay a fine of $.>00 and costs, and was committed to the cou, t^]^^ ot St. Llair county until payment should be made ^ '^ I5eing allowed the limits he escaped, and fled to Canada. Shortly afterwards h.. sent a message to the sheriff; who kept the jail, stating that he would Ve^rn ABDUCTION OF ALLAN MACDONALD. 13 to the jail with the sheriff, if the latter would go to see him. Accordingly, Colonel Dunphy, the sheriff", went, accompanied by his brother, Andrew. Macdonald started voluntarily to return, but when within a t'"w rods of this fe'rry-boat, and about one mile from the jail, he changed his mind, and refused to go furtlier, whereupon Andrew Dunphy, hy force, but witliout any wea])ou, compelled him_ to enter the fer.y-boat, and cross into the United States, when; he is now confined, as before, ui)on said sentence. When Macdonald Avas compelled to enter the boat, a Canadian bystander, named Ifunkin, attacked and threw down Colonel Dunphy, the sheriff, (wiio had not laid hands on ^laedonald,) and Colonel Dunphy, in order to release himself, struck Rankin on the head with the butt of his pistol, which discliar"-ed itself harmlessly. " I beg to refer to the affidavit of Colonel Dunphy, marked A, as to the dctaih ; to the affidavit (certified copy,) of Dr. Cornell, who examined Macdonald sub- sequently as to his condition, marked B ; to the affidavit of the same, marked C, as to the nature of the wound of Rankin, showing it not to be a gun-shot wound; and to the letter of my local deputy, Mr. Wilson, marked D, giving Macdonald's voluntary statement of the whole affair. The act of Andrew Dunphy, the sheriff asserts, was done without h'ts direc- tion or authority. If it bi; not considered the act of the sheriff, the transaction is reduced to a less proportion perhaps. I am, &rc., lion. William II. Skwak:), Scrrctanj of Stale, S(r.., Sfc.. ALFRED RUSSELL, United States District Attorney. Mr. McMicJccn to Sir J. Macdonald. si;pplkimetauv rel'okt — kkam»lctio\ ok allan' macuonald. Okkick of Stii'endiarv ^Iauistrate, Windsor, Jumiary 18, 1S68. Sir: Oh behalf of William II. Dunphy, I beg leave to state that in the first instance he was most ungratefully requited by Macdonald for his kindness to him, to which he was moved by feelings of compassion and humanity alone. In a few days after his escape Macdonald seems in sorae degree to have re- pented of his dishonorable conduct, and sent a message to the sheriff' desirintr him to come over and see him, fixing the particular lime and place. The sheriff came over at Macdonald's request, without intent to use force or violence, for he came with Macdonald's messenger, in a Canadian boat which the messenger had gone over in and was returning with. The thought of forcing Macdonald away was suddenly conceived and as suddenly executed. Macdonald being small and ^yeakly, it was easy to carry him away, and intimidation, so far as used, was for the purpose of preventing those standing by from interfering. Sheriff' Dunphy admits his great indiscretion, and regrets very much that he was guilty of it. lie vcy kindly and freely permitted me to have access to ]\Iac- donald, and to examine him apart from any person whatever, and appeared per- ftrtly willing to narrate to me the Avliole particulars of the matter. This he did, I believe, truthfully, so far as the excitement of the occm-rence permitted him to remember them. 1 have, &c., Stiprndir, Hon. Sir John A. Maciklvalu, Iv. C. 13.. Mniisler of Justice, Ottaira. G. McMICKEN, ry Magistrate, Ontario. 14 AliDUCTIOX OF ALLAN MACDONALD. Srconil nffiilorit of John Kirby. in ,v true n,py ..f ■;;> atH^Uvit n.ml.. by n,e in tho ,n,vU«r tl.nroin rcforred to. ut Thti foroijoin at ^h.: In.;;,.;: ^^ . i '';■ .is'^;:;;; , ::,t:'''T/^'''''-7 h^''^- ^'^'^ ■-'' ---"'' of XovcnilHT Hi;7 In. ,lVi\, .'■ '\ ''.'''''''■''''^'''''■^•'''''^''''' '" t'^o ''ally part I wnt fo,' assistant Ihx cilo I .p.] '''?'"''''''''''' ^''^l^,'"'?^-^^^ '"?'■""''•- ^vla-n a >..Mn to 1... kiJna|.p.,l 1 t n^v (' l'.^^! -all.nu.au a„,l saul it was a .sha,..c to allow -^ioS:';;;;-i;"^£Bl~^^^^^^ >" y opinion. I told liiM. I 'Z n. ot In u I '.hi l",''"'*" '.'•''•'"' '"•"^' '" 5^'"' '^"^^ '^-^'^'-'l ^^gyorn hHom n,. at tl,o town,l,ip of Mooro, in the couniy of Lan.hton. ^!i!! U tl!\J^!I;j, ^ttpcniluny V„n,straU and Justice, of the Peace, Lumhtnn. f!cr:>u(] alfitliirit of Stephen Rankin. Coixiv OK LAMiiiox, to wit : SI™ :;;;;; 'sr '.t-Jrs ■;™,'y^'i: »i«^.i„,«,„,:;,„- ' ™;:,-;;;,;;;!,ff;;i'i;L'i, i" iiiiissiililiii rs';i,;^'i-i'n;'\;;;l:;:;i;:'ri;:;::;';;i:;rt,;;;;r:;«5''^"™- t lo. .!.\ I..1..S ,ni.i Mitieud lui l!,o Haniu for tliiu.; weuka or upwards. I n,..idean 1 AnDlICTION OK ALLAN MACDOXALD 15 aftiiliivit in tliit ciise in flu' oaily part of NovcmbiT lust. I tluMi stated tbo trnth :is I do now, mid Inid no dcsiro, iind have none now, to frivo any statement but wliiit I know iiiul fully believe to be absolute fact and truth, free from favor or iirejudice to nnv one. STKl'JIEN KANKIX. vSworn before meat the town.slii[) of .Moore, in the eoiiiity of Liimbton, tliis I Itli of .Jiinuary, r'^tjo. a. mk the sheiiti' when 1 went over, which 1 did freipunuly every day, being engaged in ferrying, to come over here and .'■ee him (Maedonald) on Saturday, end said if the said sheritf (William 11. Dunphy) said he would have to make good the iiiie he W(juld go back. I did not tell William II. "Dunphy, the said sheritf, what Maedonald re- quested me to tell him. I saw him, but did [sic] "think of it at the tiiiU! 1 saw him. On Saturday, the fifth of Octidjer at'oresaid, 1 was in my tavern. I was in bed, not being well. About one o'clock in the afiernoon, my brother Andrew came to my bed-room and told me that Allan Maedonald had come, had |)Ut bis horse in the stable, anil wanted to see me, and reiiuestcd me to get up right otf. I went immediately into (lie bar-room and found Maedon- ald washing himself at the wash-staiul. I asked him to drink, and wti took a drink to- gether ; we were both (juite sober, 'rurniiig from the bar 1 looked towards the river, the doiir being open, and I saw a boat coming across the river. I remarked to Maedonald, '•Thens is Harvey's boat coming across, with four or five men." When they got well towards this sidi- I looked through a spy-glass at the bout and recognized \\'illiiiii II. Dun- ]diy. I said to Maedonald, "William Dunphy is on board." He also looked through the spy-glass, and he sjiid . "They are both aboard; both Dunphys are aboard. I am glad they are coming over;" and again he said, "if he has got toiiay it (meaning his fine) I will go ba(dv with tliem. If he has not got to pay it I won't go back." Soon after this remark tlu^ boat landed at Harvey's tavern and feriy, which is about thirtv --oils above my place. In about the space of ten niiuutes, more or less, William H. Dur y, Andrew J)iiiij)liy, Samuel Collins, and (Jeorge Powell came together to my place. Wheu'William H, Dunphy came into the house he shook hands with Maedonald .and called for something to drink, treating .all hands. After some general couv;Msation, lasting a few minute;-, Andrew Dun- jdiy said : " It's my treat," and treated accoidingly. .My wifethen announced dinner. 1 told Macdonal.l to com" into dinner. SherilV Dunphy said: "1 want some dinner, too." My wife made preparations accordingly, and William H, Dunphy took dinner with Mae- donald e.nd liis (Mae.io!ia!d'sMicidiew,\vbo accomnauied him here. William D Willitim Diiujthy first left the dinner table and came into the b.ar-room. He said to his brother, "Don't you want I .s(uue dinner '" His brother replied, " N > r I'll go in and have a piece o )f [He He went 16 AHDUCTION OF ALLAN MACDONALD. n and Rot tlu jms .i.ul oanu. out niu. the l.ir-roo,,, with Maclotwihl's nephew md Mai-ilon- P,',,/^ '■'■"/ ^'V'l'''^' '\";' ^''"•Pl'«;» Iv.iuU.n, with ,nys,.lf, wfio then in tlu. hm-umu. .lust y.hout his tin.o J„hu kiihy nilioc! and asked loi- Mr. l'owi-11. I tuld liiui lu, was tluMC. He said : leil hiui to e(.n:e out, as I want to see him." Kiil.y was in a one-lioise wacon in the road opposite tlie do(,r. Mr. I'oweli went out, and went uwav witii Kirhv. Mr Collins also went hon.o at or about this time, leaving in the house at tliis time niyielf, my brother Andrew Sheri 1 Dnnpliy, ns l,r,,tiier, Mae.lonuld and nephew. An.irei J)un,diy tier reated all hands apam ; all . i.uik but myself. Stephen ]{ankin, whom I Inivo o niUed to name, was there with us, and drank, too. Maedonald said : "It is too bad; liiave hurt my horse in sc.nie way He is lame; come out to tlio stable and see jiim." This h., said to Shentl Dunphy. J hey then went to the stable tofr-.ther. Maedonald's nephew nd-'ht have aceompamed them, but I am not eertai>. of tliis. While they were f^^one Andrew Dunphy said : Let s have soniethiiifr to drink," and treated Mr. Kankin aud myself, he and K'ankiii drinkinjr I took a ci-ar Maedonald and Sheritf Dunphy returned from the barn in about eu oMdfeeu minutes. On iieir eommnr into the bar-room Maedonald said: "It's my trea , luui he treated, wluai they all drank a-aiii, except my brother Andrew, who does not drink at all. Maedonald s nephew did not drink. About this time .John Kirby drove un in his wa^on on tlie road opi)osite the door. Maedonald went out and said : " Hold on Kirbv u minute; I want to talk to you." Maedonald went to the wapon and stood by it on the side next the nver.restmg Ins toot on tlie hub of the wheel. Kankin had also ffone out and wu~ m he road in front ot tlie house, but a little towards tlie river side. Andiew Dun- phy was walkiup: ,,, front .if tiie house, between the house and Kirby 's wacrou. William H Dn.iphy was standing outside the door, leaning up against the house. " 1 was inside the door but Uwkuig ont. My brother Andrew was standiug next to Sheriff Dunphy by tlie door William Dunphy said to Andrew Dunphy, " You go and take that fellow by tlii uai.e of the neck and take lum up to Harvey's and put him i.uhe boat." He did not see n .> mim this order. ^^ liliam H. Dunphy then liauled out his revolver and said: "I a bimnd to have hmi over and I'll sho(,t any man that dares t., interfere." He went to the wagon revolver .u umd and put his hand on Maedonald, saying: '■ Maedonald. are you not coming over wihnie?" ,u the same time holding the revolvT-r at Maedonald's iiead Maedonald sa d : I do not want to go now ; I'll go over in the evening." Diini)liy said • 1 want you to go now, or else I'll blow your brains out." Witli that his broth,.,-, Andrew Duni.hy, s.epped up towards Maedonald and took hold of him, and began to drag him up he road towards Harvey's ^ .ere the boat lay. Kirby called to Kankin^ an,l saidT " Kan- k n, don t let that man be dragged away that way." Kankin then seized hold of A[aedon- ulcl, endeavoring to release him from Andrew Dunphy's hold. I then told Maedonald's nepiiew to run up to Harvey's and tell them what As going on. so tlia he ,SSZ go to resciie Maedonald Tlie lad refused to go, saying he was afraid. Kirby'thenMroVe^to- Xn A "' r"'' '"' '? ""!' •""^"'^' *'"'■'" '"^"'S "^'^•""-'' ^''^""t ''^t "« 'et that fellow be. talun o\ei the river 1 said it was no use ; we had no arms, and they both (the sheriff and Ins brother) had revolvers. Kirby then left his horse and went up to Harvey's to see I'sHll l."l r f M °1 ''"I/"'' H''1 1'?;.'^""';/"^ ^^'- ^'""•^'1'- At this 'time Andrew Dunphy rin-. <■ '^^'^J'-il^',"' i' ","'M\illm>n JI. Dunphy had hold of Kankin, whom he lad dragged away from his ho d of Maedonald. Maedonald's neplle^^• and myself wen- at this tune together in front ot the house; the nephew was crying. I moved out towards the said part.es when they were scnrtling, and then heard two shots fired. The sliots fbllovved eadi other in quick successi.m. Maedonald's nephew called to me : " Don't you -o ; you'l at fust, but 1)" iphy turned um over. Kankin ajipeared to have grasped Dunphy'.' pist.d' and It seemed they had both Hold of it together. Andrew Dunphy call ',! to liis biotlie "I have go this te low all right," meaning Maedonald. Sheriff Dunphy then left Kankin, and joining his luof her, they together took Maedonald arm and arm and took him up to the boat dragging nui along, and roughly threw him into the boat. They immediately shoved ' from the shore and rowed directly otf fbr tin- town of St. Clair. Directly after^ hear ng t u pistol .shots 1 observed blood on Maedonald's face. While Maedonald was in the hands of A d.eu Dunphy, and Sheritf Dunidiy was engaged with Kankin, he (Maedonald) called way to the'boat'"' '" "' '' ' "''"''"' '" '"''' ""-'''''-'■• " ''^^" 'lu'v got about half From my house to the bof-t is about thirty rods. Maedonald dM not seem to go freely bu .struggh.d and resisted all the way. Maedonald is not very strong ; he is a sm-al! man' JOSEl'H GALLEKNEAU. Jamm" mS'' ""'' '" """ *'"""''''' ""^ '^'""'"''' "' ""^ ''"""'J' «'' '-ambton, this 14th day ol „ . ,. (■■ M» MICKEX, Stipendiary Magistruk and Justice Peace, Lumbton. AHDMCTION OF ALLAN MACbOXALD. 17 PeposLtion of Sumutt Culliuirr. County of Lamiiton, to wit ; I, Samuol Collinf^e, of tlu! towiisliip of Mooro, in ilio coiuitv of T,unil)(oii, iniirinor, make oath !Mul say tlmt I -.viif; in the liousc^if my fatlicr-iii-luw, .John Ilarvcy, on Satiinlay the Titli day of Octohpr, IHti7, when Win. H. Duiipliy, shciitf of fho coniity of St. Clair, "ii'i tlie tetato ot Micliipatj, with his hrother, Aiuhvw Uiinpiiy, Cicor^n^ Powfll, and tlic l)oy who had rowed tho huat k)r tlieni, came iii ; thry romaincd for a fi'w minutes, and tlicn SlwritV Dinipliy his brotlicr Andrew, George Powell, and myself, went down together to (jiallerneaii's tavern ; when we g;(d there .Sheriff Dimpliy went into the liar-rooiii, and at once shook iiaiids witli Allan Maedonald, who was sittiug there. Sheriff Diinphy told Macdonalu, " I have "ot the thniff so fixed now that it will only eost you tlii^ eosts, §()(i, or tliereahoiits, hut it you don't pay that I am stuek for the Avhole." Maedonald said, "It shall never eost you a cent." Soon alter this SheritV Dunpliy and Maedonald went into dinner, and I left and returned to my father-in-law's, whose pi; eis about thirty rods from Gallerneaii's. I was in there uhout gettinp; shaved, when I heard a noise and ran o'utside. Mr. 1 Irirvcv told leo some one is steaiing our boat. George I'owell said, " You are a niee man to allow them to take that man away 111 your boat." 1 «aid, " Wliat boat/" I'owell pointed it out. 1 tlieu saw it and liailed them, and told them to briii(r back the boat, f'dieriif Dunpliy held up a pistol, as near as I could distincruish, and shook it threatenin;;ly, and I heard' one of them, I eould not say which, say, " Go to hell, you damned son-of-a-biteii !" I saw Maedonald bent over one of the thwarts of the boat, with his face towards the stem, and blood was droppiiir; from his face. When I went over to St. Clair and got tin- lioat \ found a eonsi(hiiable (luanTity of blood in her.^ I had quite a joti to clean it out. 1 showed it to S(iuire O'Dell, of St. Cliiir. and .John E. Kitten, and others ; since then I have seen the said SlieritJ" Dunjiliv often. On one occa- sion George Powell and myself saw him together; he told us he would liuvi' t.. <;ive the man up. Ho had a letter from Secretary Seward, and the letter was a prettv .-laucy one. About three weeks ago I saw Maedonald in tlie jail of St. tllair ; he e.\press;;d himself as very anxious to get out. He did not say anything to me about his treatment, but he looked very bad. I know John Kirby, Stephen Kaiikin, .Josepli Galleriieaii, and George Powell and I believe them to bo persons of strict truthfulness and veracity. SAMUEL COLLINGE, Sworn before me at the township of Moore, in the county of Lambton. this 14th January, G. MtMICKEN, St iyc n din rij Ma gist ru tc , Deposition uf George Powell. County or L.vmhton, to wit : I, George Powell, of the township of Moore, in the county of Lambfou, acting veterinary surgeon and yeoman, make oath and say that I reside in a'house on the same Tot on which Gallerneau's tavern is, and distant from said tavorv about twenty-five rods. On Friday, the 4th day of October, 18()7, Allan Jfacdonald came to my place and asked me logo over to Gallerneau's to look at his hor,se, and I did so ; after I had examined the liorso he"asked me to do him a favor. I said I would if I could. He then requestad me to see SheriiVDunphy, in St. Clair, and ask liiin to come over and meet him, said Maedonald. there at Gallerneau'.s about tho middle of the afternoon to-morrow, (Saturday.) On Saturday, having occasion to cross to St. Clair, I called at the sheritrs oflice there and delivered the message from Mae- donald to him, telling him that Maedonald wished to see if tiiey eould not try and settle this affair, meaning liis fine and costs, and his escape from the sheriff .s custody on the Monday previous. Sheriff Dunpliy said yes, he would, and asked me how I was over; I said in a boat; ho then asked how long before I returned; I said in about twenty minutes ; he said he would be ready. When we had embarked in the boat his brother, Andrew, was standing on the dock. The sherifi asked him if h.^ had not better come over. He replied, 1 don't mind if 1 do go. He also got into the boat. When part of the way across, the sheriff drew a revolver from Iiis pocket and fired three different shots, at gulls twice, and a floating piece of wood once. He then u.nk some cartridges from his pocket and reloaded tlu^ discharged chambers of the revolver. I'he sheriff said to me in the boat, 1 have got thi.s thing all fixed right, so that Maedonald will on'v have the costs to pay, sixty-three dollars. I said, Allan will be very glad, for he wants tn .cttle it. When we .arrived near the lauding place Andrew Dunpliy took a revolver from his pocket and examined it, as if looking to ,sec if it was right, and returned it to his pocket ami said nothing. After landing we went info Mr. Harvey's, (a tavern ) Harvey and Mr. SheiilV Dinipliv conversed together ; 1 did not hear what they said. Diinphy settKnl tor my ferriage, and treated. When I came up Dnnphy said, " He's a brother," inquiringly like. Harvey i^aid no, but he Ex. Doc. 39 2 18 ABDUCrrON OF ALLAN MAGDONALD !i Ib just as good. Siiiiiui'l Collins tlu«n ciiiiu! into tho har-room, and Diinnliy nskod him to eo down witii us t(. (Jnllnmau'H. Iln siiiil yes. We. SlierilF Dunjihy, Aii.liew Dimnhy, Collins, and myself then i\enl, down to fJulli rnoiiu's. As soon as wo arrived Slieritr iJunphy entered the l)ur-ro.)in wiieiv Maaioimlil w;is sittinj^and sliook hands with him. Ilo told Macdonald tliat lie UK got It all nglit now hot the costs, sixty-tlirco dollars, wliich ono or otlior of them wouki iiavo to pay. It yoiulon't goover it will fall on me." shall never pay one eent for nie ; I wi S'> Maodonald replioJ, "you over with you this ovoninp." Mr. Dunphy then seemwl m good spirits, and asked all hands up to partake of a treat. Soon after this Duuphy and Mca.lonald went mlo dinner, and I was called away hy.John Kirby, who wanted to seo mo at my own plaie. While taking my dinner at home, it then being about IJ o'clock in the at tei noon, Andrew Gallerneau came in and said his brother wanted mo over right off, hut (Jul not say what for. I finished my dinner and proceeded towards Gallornoau's. Hut just before l.'avmg the house I heard two shots ; when near Gallerneau's I saw Sheriff Dun- pliy and hteplun Kankiii struggling in the ditch by the roadside. Andrew Dunphy had Macdonald down in the road, and a))peaied to have his knee on his body. After Sheriff Diuii)Iiy and Kankiii separated the sheriff went towards his brother andMacdonald and seized hold of MaLHlonaUl by the collar. Hi; took iiold of him on one 'ode, Andrew Dunphy had liold on the other, .acli of them holding a revolver in their disengaged hands. Macdonald cttl cd out to me, " For (iod's sake help me, I am badly hurt." Tliey together continued to drag him until they took him to the boat. 1 overtook them when about iialf way to tho boat. Andrew Dunphy turned hall round and held out his revolver towards mo, and said that iiewoul.l shoot any man that would interfere, he did not care who it was. Not being aruie^ I could not u.terfere, but followed them to the boat. I saw them throw Macdonald roughly into lie boat. Macdonald was then bleeding on the face. Just before they got to the boat 1 called to Mr. Harvey not to ict them take the boat, but he did not answer. Harvey Kirby, and another man stood by tho door where thev go down to the boat, about a rod or two only from the ru.n-. Andrew Dunphy rowed the boat off, Macdonald was on his hands and luiees in the boat. I asked JIaivey why he let them take his boat; ho said ho would have hem uji ivv stealing it. I said, you can't do that, when you stood hero and never forbade tliem. teauiuel Lolims, w hen spoken to by me after I went into tho house and found him there with three other men, went out and called to Dunjihy to return with tho boat, to w uch Andrew Dunphy replied in a loud voice, '-(Jo to hell, you Canuck sons-of-bitcho.'j !" When 1 re urned towards Gallerneau's 1 found Hankin on the road, about the place whore the shcnfl had left hmi. I found hv. had a wound in his head. He said he was shot. I then went with hiiiitoMooretown, whin thedoctor examined his head, and heariugfrom the doctor that Ins wound was not dangerou.s I returned home. GEORGE POWELL. Sworn before me at the to\v::slii]i of Moore, in the county of Lambton, January 14, 1808. G. Mt^MICKEN, Stipendiary Magistrate. Deposition of Allan Macdonald. I, Allan Macdonald, of the townshiii of Sombra, in the count- of Lambton, in the pro- yiiico of Ontario, in Canada, teamster, but now confined in the j.ii'l of the county of St Clair in the town of St. Clair, in the State of Mieliigan, one of tho United States of America, make oatli and say : In the month of September, in the year A. D. IfStu, [ was tried and convicted in the Su- premo Court of the United States on a charge of siiuiggling, and was .sentenced to iiay a tine of bye hnndrejl dollars and costs amouniing to sixty-si.x dollars or thereabouts, and to bo kept in jail until hue and costs >vere paid. Not being able to pay said fine and costs, I was brought uji to and unprisoned in the jail of the said county of St. Ciair, in tho town of St. Clair and State of Michiean, of wliieh county William H. Dunphy was then and is now sheriff, and as such, hud and has charge of the said jail. Soon after I had been received into said jail, witlim less than two hours, the said Sheriff Dunphy caino and opened tho door of the a])artment I was in and told mo to come out. This, 1 understood, he did at tho solici- tation of my brotlier, and out of a humaue and kind feeling towards mo, with a view to my being at I'l'f'ty to make an effort to raise the Cue and costs, and to obtain my liberty. The said sheriff doubtle.ss had confi.loiice in me that 1 would not go away, but I do not recollect proniLsing or pledging myself to him in this respect; I did, however, tell Mrs. Dunphy, wife of said sherifl, that 1 would not go away. 1 remained at liberty in tho said town of St. u'^"'i?'"-f , "''i "'"-' ^^'^^^^^' ^^''"■"' fiii'liug I could not succeed' in raising the money, 1 thought It 1 made my escajie into Canada 1 could make bettor terms in getting the matter sett ed, and obtain liberty to return to the said town of St. Clair as I might choose. 1 ac- cordinj;ly went across the river to Canada on Monday, the IJOth day of t^eptember, 18t)7. On Thursday or I riday, the 3d or 4th of October following, I requested Joseph Gallerneau and Geoige I'owell to see Sheriff Dunphy and ask him to coino over on .Saturday the nth of .said October, and see iiio at Joseph Gallerneau's tavern. Said Powell delivered my messa-ro to .said sherifl, and, m compliance with my request, tho said Sheriff Dunphy came over to"said ABDUCTION OF ALLAN MACDONALD. 19 tavern of Joseph Gullornoau, ami snw mo thero on Saturdiw. Wo met in tho bar-room and afterwards took dinner tofjothor, and ulso wijnt togotlu-r to tho stable to look at ray horse. In the course of convorsation tho said shoiiff told I'lo that he thouffht tho matter i;oiild be set- tled very soon, and that I would, ho thought, Ih lut oft' by paying the costs, if I came over and attended to it, but if I did not go over ho, tho said shoriff, would bo stuck for it. I told him I did not intend ho should suffur for me, and I would go over in the evening. In a little while after our return from tho stable I went out in tho road to speak with Mr. John Kirby, who was in a wagon in front of the door. I stood on tho side of the wagon next the river, and, while so talking to Kirby, William II. Dunphy, said sheriff, caniii up to mo and took liold of mo by the coat to pull mo away from tho wagon. After he got mo away from tho wagon into the road ho pulled out a revolver and said ho would shoot me if T did not come along. At this time Andrew Dunphy, brother to said sheriff, who accompanied him over to tho Canada side, took hold of mo. At tho same time, also, another man, whose name I did not know, but have since learned was Kankin, took hold of me to release me from tho hands of the Dunphys. Sheriff Dunpliy let go his hold of mo and clinched with Rankin, tho said Andrew Dunphy still keeping hold of me and keeping me down on tho road. Sheriff Dun- phy and Rankin were together in tho ditch ; while thoy were down and scuffling I heard a pistol-shot, which I beliovo was a shot fired from tho said revolver in tho hands of Sheriff Dunphy. I only heard one report of a pistol-shot, and am quite certain there was but one shot lired during the whole affair. Directly after the report of the pistol William II. Dunphy and Rankin separated, and said William II. Dunphy came towards Andrew Dnnpliy and mo, and they both then hurried me up to the boat, which lay at Harvey's, and put ine on board. When first seized by said sheriff I called out for help, but after I was taken hold of by both of them I did not call for any help, Thoy ran up to the boat with me as fast as they could, pulling me along, but I made no resistance, thinking then I might as well go with them as not. While they were so taking me to the boat 1 saw no display of revolvers in the hands of either Dunphy, but in the boat I saw two revolvers which tliey laid down on one ^){ the seats of the boat. After wo left tho Canada shore Andrew Dunphy called out, "I don't care now for the Canucks,"' or something like that. I did not hiuir any hailing from the shore. In tho first struggle, when Andrew Dunphy had hold of me, 1 was hurt in the face, and my nose bled freely ; none of my hurts woro at all serious. Since I have been again iu jail I have nothing to complain of, as regards my tn^vtiiient ; I believe 1 am treated as well as any of the other prisoners. Previous to this affair I lived in the town of St. Clair aforesaid for about seven years, but I never voted or took out nattn'aliz;ition papers. Had Mr, Dunphy not have taken hold of me when ho did, I would certainly have returned to his custody that evening, as I had m;ide up my mind to do so. ALLAN MACDONALD. Sworn before mo at the ta\n of St. Clair, in the State of Michigan, this 15th day of Janu- ary, 18G8. G. McMICKEN, Stipemhari) Magistrate for Ontario. Statement of William H. Dunphy, esquire, sheritT of the county of St. Clair, in Mi lii- gan, voluntarily made befon: the undersigned, at the town of St. Clair, in tho said Stale of Michigan, this IGthdavof January, l?tJ8. G, McMICKEN, Stipendiary Magistrate, Province of Ontario. On the 7th day of September, 18G7, 1 received into iny custody as sheriff of the county of St. Clair, in the State of Michigan, one Allan Macdonald, convicted of smuggling in tho United States court, sentenced to pay a fine of five hundred dollars and costs, or to bo im- prisoned until said fine and costs wens paid. Under a niittinnis, to me directed, I put tho said Macdonald in jail. At the solicitation of Ins brother, brotlun'-in-law, and friends, with- in two hours after receiving him into my custody, I gave him tho liberty of the town, upon Ills positive promise and assurance that he would not leave the town. He so continued at liberty and remained within the town, reporting his presence to mo daily, for about three weeks. On or about the last day of September, in direct ciuitravention of his pledge and agreement, ho left the country, and went across the river to Canada, thereby rendering me liable for the fine imposed upon him and for the costs, as well as subjecting me to censure iind charge of remissness in duty. I felt much hurt at this gross act of deception on the part of Macdonald, as what I did for him was done from motives of humanity and kindness alone. On tho fifth of October, 1807, 1 received a message from Allan Macdonald, by one George Towell, requesting me to go over to one Gallerneau's tavern, in the township of Moore, in Canada, and directly opposite the town of St. Clair, and there see said Macdon- ald, to confer with him about settling his matters. Incompliance with his request, I crossed over tho river with said Powell, uiy brother, Andrew Dunphy, going along with mo. On '•eaching Gallerneau's tavern I saw Macdonald there, in the bar-room, and conversed with Im. I told him I felt sure if he came over he would soon get clear, by paying the cost« 20 ABDUCTION O? ALLAN MACDONALD effect. After ImuL' Hum., (or son " t ,,. Aln;; „L ' , """ ■"""" ^^■•'"'*' '"*^" '""' tl'in over th„ river witC lue, lint s, vine- .; wM ;'l>l"''mn^MMnv,llinp to com,, buck talking to u nmn i,M, WHponu too ', ,/^ M'u;.l....Hi,l, while I.e was in the road time I was ubout tw.'nty (eet " li" in f' m v ' """!f^' '"'" '" '"i"'' HJonp At thin out. una I went towa^in he '« 1 I " /v Isl t^j'"^^ ^^'"-'--''' <-l'«'j waisteotit and shirt, and struck me fl , f ,! ,'"' V '/' •^' ''y «,"" iiankm, who tor.- one,, ,„y ''"'» '■'i-1-1 und' fell 5e t i, the di' 1 ImVV' '; ""'!^' .''"^^' ' V""""t -^'^^ wLa't. VVo Kankin, I struck him on the he wi 1 th i,,,'; .' n!/'' ''''*^' "";' ''"'■■• p"i"l7tlu' l.h.w my pock.'t, and the effecl of the co • ss h, w as to evi n ''"'•"'"?''"• ^^■''''•'' ^ '""^ fr.„n pist..l was entirely accidental. I He , rtl- •' •^^' " '-'"'• ''''"' "'"'« "'' ^''" present.-d a jtist..! at any o , ■ wh itev. r' H ^[ ''a"'!'*^ ''"' """''■• "'"•' "' ''"y ""(^ or towards who',n I m.-v.-d ^af se a ine n.vs^l"fn .'f''v ""■^■"' '"",' '''''" ''"'^' *"' M-'^'^lonaid the boat, my brother putti,,/MS3 ,^r I a/^"',''""', !"" ^^" ""'" '^'f?"""^'- went t. nor cUlinff out for h.d,,. We e b o url tsa d' M .'<•? '"l" ' '■" '""'''"" "" ''''^'^''^^^'^^ in the ail, where he 1ms been ever ^.f a ".^/ow^ ""' ''^"'•' '^"'^ l'''«'"'l '''" dealt With kindly, «ud us well as any '"[h^/Ss::;:; h 1 ^alj ^jli;:"-"-"^ »-". '"-ted and T , , , , W. II. DUNl'HY. ANDKEW DUNl'HY. Mr. ,'"P of St. Clair, Michigan. acL^;^„^d^^^^^^^ ^Sle^r Ad;""'/; ''T''''fr'' the case winch you havrnrt'onfo 1 KIT '"' .?''f "'"^ ^.« '''y '^'^^ the vieNv of gladly overlookfi it wereToS^^^ '''"d ^'"r. I would your case and against our o^n hid' vo 1,1" '?"'"'"' '' !''^ '"^'^^''"^''^oe of Macdonald and the Canadian I oZ,m^y T ""^ I'resent.ul. The pri.soner The principal UniLd ^i ' Srs'^Xwff 07^^-""^^'^^ P^^^'^'^ sense, he was acting as marshal of the Un t !] <^, ° '' ""''' '" '" ^''^'^^^"^ mittcd a great fault as a civl offie L ' -^^''''i' g»^'''>"'"<'»t. ilo com- i^trustodi^i,nfo^loseno alct dv\JT:'\*''^^ ^" ?"'P"^ ^^'''^ ^'^^ ^-" All the other m•oceodin-^s ecu red n L .f "■^'' '" .^^' ''^"'^''^ «^' ^^- ^^■''^'■ error. Tl^-reis rnuch cl^u It " v,v r ^^ authorized force to be exerted in brinSnl t '""^ ''"^"'^"^ '■^PP^'^d «^- is even much doubt whether te n^£J P'""""" '"' "^ ^^'^"^"^•^- ^here show offorce made by tluvoDuQvT T ""J f^"'^"^ consenting to the by either governmentf i anrca^ 1 J an'^oT '^ " \' T' ^« be allowed having a prisoner in judic^' aSod v . !l T !^-'' f • °"' °^ ^'"^ governments, the offender into the-^ju ictio of t . 1^™'"'''" ^'"" '" ^^^'^''^P^' ^»'^" P^^sue i"g the piece of the Wier ''"' '°""^'"^'' ^' *''^ ''"^''"'d of disturb- S0^Z^:fT^^Z::'^rZirr'7 '''- ^-'^Probation by tins direct that person to^c sa "r i r t in Cnf.^ '^'t ^^ '^. ^^^^^''-'^Id- '-^"d to bo^Si^s:Sij£--ss£;:i^ Edward Tiiornto.v, E^^., <^^., 4.,., 4,, ^VJLFJAM H. HE WARD. lavo lifid thLs conid hm'k liiifforirifr, niy < ill tliK road "ip At ttiin loiiiild callod tore (ijK^n my y wliiit. Wo litiprtlui blow 1 I took I'roru firiiipf of tilt) ; liny one or ' MiicdoiKild, ether wcut to o rcsistaiico, d placed liiiii , treated and )UNPHY. and wliiit is HJNPHY. 7, 18G8. f the 14th ■■ township hy, Plieriff . I have 2re tra»8- le view of I would antfige of i prisoner 3 persons, practical ilc com- liad been St. Ulair. irdonable pplied or There g to the 3 allowed rnments, 11 pursue ' disturb- by this , and to seceding lution of liavc the AltDirCTlON OF ALLAN MAODONALD. Mr. Thorn fori to Mr. Seward, 21 Moore, in Canada. i,^);;:;l;;;'tV '" ^''^'''J"""1<1 i'-on, the towtiship of th.? v^^: '^i^c,r';::"i;;:.rKf";? ^;;fj";;.7 «'"-r "f t'^'^^-"'^ '- accords with my own. 1 am cmll .. ^ "'":;' •.""'I, ^1"^'' «'> completely be nutch .i^ratified, and uV "e ' . f r''7 ^^'^1^' K"^"'-"'"-"^ ^v'ill also .r.. tin, ;'u,.a,t time 1 ho,' ' >u ilft;; : !'"; V!;' ' ''"" ^'"'"""'^ "' >'""■• ""^''• with the individual in .mUionwl ''^" '"'''" »" «y'n|"itl'y tl'o occasion; ttor was e ;: ^.J^^^T^i:? ^^'^ ' ^'•^"' "^' «"'^^''^'''> "» to withdraw a c.invicted cri , ■ 1 V. ?^^" ^". ^"" "''^''''•'''^ ''^ '"'J wish roHO of invilin^. yo r LTs i f J »"""^''"":'"' '"'^ ^^'"^ ■""•••"ly f-r the pur- authorities of ^^ Uo^:!;il;i;u'. I'-v-'fon of any conflict between the that luM- Majesty's gove mn/u wi r n V "I .^ ■■^""••'^-'-''^»'i' "r r,..su. *t