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e d){\)ee^i. ONLY CORRECT REPORT TH BEAVER LAKE TEAGEDY FULL A\l) PAUTI(H:LAI{ ACCOUNT OF THE WJiOLK PROCEEDINGS IV THE Alill\ V. EXTRAORDIN A II Y (RLM KS Willi \ CAREFUL REPORT OF THE TRIAL. (tonbiction ;iiib Jtntnuc of t|)c '^fdisfli. N E W - Y R K : PUIUJSHEIJ FOR IV OlUllEN, ST. .lOlIN, N. R IS.')? y> ^1 ONLY CORRECT REPORT. THE BEAVER LAKE TRAGEDY. FULL AND PARTICULAR ACCOUNT OF THE WHOLE PROCEEDINGS ( IN THE ABOVE v.') EXTRAORDINARY CRIMES WITH A CAREFUL REPORT OF THE TRIAL. (!> oitbittioii anb ^cntnuc of tijc Slccuscb. N E W - Y R K : PUBLISHED FOR B. O'BRIEN, ST. JOHN, N. B. 18j7. • m THE BEAVER LAKE, ON, MISPECK TRAGEDY. 1—1 SJ >^ 1—1 H pq O O i t:- /w ^ I— ( ' I O i-J o INTRODUCTION On tlio nip;lit of Saturday, October tlio 2")th. was pcrpt'tratcl a rrinip of a diabolical nature ?iich as was never approached in this Province. We have had murders and arsons, but most, if not all. c)f the formrr have been caused by heated blnod. often by drunlxcn- ness. \vv\ quarrels arising: therefrom. But, wo believe, it never has entered the niinds of any men in X(.'W Brunswick, certainl}- it has not entered the minds of any New Hrnns- wickers, to TnunU-r a man. his m ifc and his helpless children, in cold. calm, calculatinj^ villainy, fir the sake of his money, and then to cover the crime, to burn down the mur- derer! man's property, and to destro}- in the fire all the corpses of the slain ! On Satunkay ni.u;ht tlien such a crime was committed as never before was heard of in New Brunswick, and such as may parallel the worst murders committed in any part of the world, equalling indeed, in horror, if not in extent, the bloody atrocities of the In- dian Sepoys. Robert ^IcKenzie. the murdered man, was a native of Scotland, who had been domi- ciled in New Brunswick many years, having carried on the business of a tailor in (Utferent p.irts, latterly in St. John, and from which business he had retired on an ample compe- tency, to a farm at Mispeck which he owned, and which b]' the expenditure of skill and capital he had brought to a high state of fertility. Surroundcnl l)y every necessary com- fort. joined to a faithful and attached partner, and blessed with a numerous progeny, Robert M'^Kenzie was in such a position as most tradesmen aspire to, as a happy means of pas-ing the evening of their career. But beside the quiet business of his farm, .Mr. McKenzie was also a money lender, and it is said that lie made an ostentatious display of his wealth before every one who came to borrow. Be that as it may, it woidd seem to have re(piir('d very little to have excited the cupidity of the wretches by whom this poor man'.s life was taken. About the last week of October, McKenzie w - .'esirous of getting the assistance of a firm laborer. Jle had an unoccupied house, whieli lie otrered for the use of his laborer, and he bkewise offered a certain sum per acre for all the work the laborer performed. Not far from McKenzie's house wastlie hut of the Slavins. now charged with the murd*, and here stayed James ]?reen, who seemed to have adopted several aliascft, for what pur- pose it is not now difficult to understand. Brecn was anxious to engage with McKenzie to work on his farm, and it is ascertained that he did so engage with him. Breen was to occupy the empty house, nearly opposite McKenzie's, and he was to bring his wife and family there to live. Whether Breen had a wife and family to bring is doubtful, tlidv is little doubt, however, that he never intended to bring thetn. Let us now relate the facts as they came before the police of this city. The first news arrived early on Monday morning, the 2Gth October. Vague rumors spread ab(jut the city that McKenzie, who was well known here, had cut his throat, and had set fire to his house and therein burned his wife and children. By and bye. how- ever, it b 'gan to be reported diU'erently. Circumstances pointed to the fact that murder, most foul murder, had been committed. People went out of town to the scene of the horrid deed, which is distant about eleven miles, and from those whb dwelt near, particu- lars were gatliered which fully aroused and alarmed the public mind. Soon no doubt was entertained that a series of diabolical murders had been committed. The manner in which they were discovered was this : 1'he iiearest house to that of McKenzie is that of Peter O'llara, who resides about half a mile further on the road from the city. About ten minutes before eleven o'clock on /«. Iv THE MFSPECIv TRAGEDY. Sunda}' morninj];, the 25th of October, ho had occasion to pass McKenzie's, and on arriv- ing' at the spot he was astounded to find that of the dwcHinf; houses nothinj; was left hut a blackened i)ile of ashes, from which the fire liad so lon^ burned out. that tliere was 8carcel3' '-^ sniouhlering left. O'llara at first thought the family must liave been out. or had escaped, — it never entered his mind that they were murdered or burned, — and he went on his way without making any particular examination of the promises, just look- in;; casually over them and deterinininij; to get further information at tlie next iiouse. 'I'his house was one mile nearer the city, and is occupied by a man named Robertson. Robertson was as ignorant of the matter as U'l Fara had been — he had not seen the ihunes nor had he heard of McKenzio liaving been away, or having moved after the tire. lie was, m short, perfectly ignorant of the event. O'llara and Robertson determined at once to go for assistance, to relate the matters to a magistrate, and immediately to commence the first steps of an inquiry into what seemed to them an unfathomable mystery. The}' went to examine the ruins on their w.ay to the nearest magistrate. It may here be necessary to explain the position of the premises. The house occupied by McKenzio is on the south side of the road ; that which Breen was to occupy was a little nearer the city, on the north side of the road. Immediately o|)posite Mckenzie's house was a barn, and in the rear was another barn. Both these barns were uninjured, while both houses were burned to the ground. It was clear, therefore, that o)ie liousu hail not caught fire from the other, or the barn in front of McKenzie's would have been burned. O'llara and Robertson entered the ruins of McKenzie's house, and there they found his money-chest unlocked, empty, and the key in it. It was clear tliat he had been robbed, or rather that seemed probable. They then went on to the residence of the nearest magistrate, William Hawks. Esq.. of Black River, and finding him at home, they returned together to McKinzie's. Now they instituted a more particular search among tlie ruins of McKenzie's dwelling house, and they found on the spot where the kitchen had been, near the lire-place, the charred remains of bones, which they supposed Mere those of McKenzie's wife and children, but the quantity of these remains was so small that it was difficult to determine whether they were male or female bones, or whether they were those of grown persons or children. They now passed over to the otiier house, and on searching this they found part of a body, which, from the buttons and a brace- buckle found near, was supposed to be that of jMcKenzie. Nothing was left but the blackened remains of the trunk and part of the thighs. It was headless, had no arms, and from its appearance might easily, in other circumstances, causing less minute inspec- tion, have been taken for a log of charred wood. At the time this examination was concluded, it was after four o'clock. The examiners were, in all probability, bewildered with horror, excited by the awful visitation which had fallen on McKenzie and his family. It was difficult to tell whether all might not be tlie result of accident rather than crime. The circumstances of the crime were entii'ely novel to the simple country people of the district, and prompt action under the appalling circumstances was hardly to be expected from them, though for the furtherance of the ends of justice it was desirable, and might have been necessary. All parties returned to their homes, and it was not till next day, (Monday,) that the m.agistrate and those who had interested themselves in the matter, came to St. John and communicated the details of the horrid affair to the authorities here. Tlie proceedings subsequent to this stage have been chiefly of a judicial nature. On Tuesday, the Coroner, with a jury, assembled on the premises at Mispeck, to view the remains, to examine the spot where the murders were perpetrated, and to examine M'itnesses. Throughout these proceedings, however, the press was not permitted to take notes of the evidence, or of any particulars which came before the Coroner. By the public all this precaution was, of course, deemed excessively absurd, the more so because the Coroner permitted any one to hear the evidence, and to carry away details to sus- pected parties, and in short, he sat in open court. The daily press animadverted on this subject at the time, but, for what reason we know not, with much less than its wonted severity in a matter so obviously detrimental to the ends of public justice. The evidence which was taken on Tuesday was repeated in all its essential peculiarities on Wednesday and the two following days, and in substance it was pretty much as follows : Mrs. Slavbn, the wife of onejof the parties, since accused of the murder, was captured on Monday evening by Captain Schoular, Chief of the City Police, in consequence of a suspicion he entertained that her family were connected with the matter, owing to all the male members of it having withdrawn from the neighborhood, and their whereabouts not being known. Mrs. Slaven is a tall, thin woman, not in any wise of remarkable personal appearance. She is an Irish woman. At the inquest she spoke leisurely, and as if care- fully weighing the consequence of every word; and it was with much difficulty she was got to answer the questions of the Coroner. towid W !vncl on arriv- liinp: was left lilt there was been out. or iH'(l.— and he -•s, jii.st look- next house. I Hobertson. '11 the liaines -bo ine(l at once ;o comnu'iico 'teiy. The^' use occupied ;ciipy was a McKenzie's uninjured, t one bouse d have been 1 there tliey tliat ho iiad deuce of the fiorne, they arch amoiiir the kitchen posed M'ere as so small or whether >tlier house. 11(1 a brace- left but the ad no arms, lute insjiec- ' examiners tion which igbt not })e re entirely 2 ap])allin!; "ce of the ) that the •John and k, to view > examine ■<1 to take By the > because 's to sus- (1 on this 5 Wonted Hilarities ft^llows : captured nee of u o all the outs not personal if care- she was THE MISPECK TRAGEDY. v Mr.s. Slavin, then, under the {greatest possible pressure was induced or compelled to say that a man named Hreen or Green, wliom her hushand had met at the water works. aneen stopi)in,i:; for some nic at her house. (She gave a description of him. which corresponded with tiiat jriven of a man called Williams, wlio was already suspected of the niunlers or having: a band in them.) lie stopped there in all about lifteen nights, but he bad not luen there for ten days before last Sunday morning, when be came there for a shirt of liis. she had to wash. He got there between seven and eight o'clock, and said he had Avallced out from town. He did not look soiled or dirty, and she never saw any mark of l)!o()d on his clothes. He put on the shirt — a wliite one — the shirt he wore lefore was str pped. He said nothing of the tire at Mclvenzie's, or of the murder. IJreen took his breakfast there, and left soon after, and she bad seen nothing of him since. He said ho was .uoing to Boston, or to Woodstock, where his brother lives. She swore positively be was not there during the week before. She often beard it said, for many a year jiast, that McKenzic bad money. She one day heard his man Polly, who has gone away, tell IJreen in Kiiig Square, that he had £30,000, but that be kept none in the house l)Ut enough to pay bis men. On Monday morning, after breakfast, she left home for the city, leaving all her family at home, and she did not know what became of them since. She toM Mr. Scoullar that she had seen her husband on King Square, but that was not ti'ue. Slie could prove the time she came to town, and that she borrowed an umbrella f the family. nor coulil she tell where her husband and son were. When pressed on tliis i)nint, her lirm- ncss forsnok her, and she cried a little, and just at this time her second son was brought into court to give evidence. On seeing him unexpectedly she cried piteously, exclaiming, while tlie ofTicers removed her. '"Oh! Johny, Johny. you won't hang your pooi' father." Tlic boy. John Slavin. to whom the mother referred, is twelve years old. and his re- plies v.'ere given in a quick oll'-hand manner not common at bis years. He stated liis own age to be ten. On the ^londay before the ^Kjuest when Mr. Scoullar went to gatlier information at the place of the murders, this boy told him his name was Dunn. He said his father bad told him to do so. He knew Hugh Dreen. His father and mother hail known him in the old countr}'. He described his dress and appearance. He said he was stayiik.'- at their house for five weeks, and was there every night last week, but Thui'sday night (tlie night Williams slept at McKenzie's). On Saturday morning he heard Ureen (who, lie said, was sometimes called William James) and his father and brother speaiung of McKenzie, and what lots of money he had. After breakfast IJreen. his father, and bis brother Pat, all left (they said) for town. They did not return until after night; be thought about two hours after night. He had been asleep, and awoke when they came in. Tiiey had a bag aliout the size of a Hour bag. They threw it on the ihxu'. and it made some noise, lie thought there were clothes in it. They talked in whisi)ers, be said, and he could not hear what they said. His mother, who bad been in bed, got up and got them some supjicr. The men all washed their hands and went to siq>j)er. The bedroom door was open but he could not see all that was done. He saw a long purse with steel beads in lireen's hands, and beard him say how heavy it was, and he saw a watch, that looked yellow, in his band, but no chain. When pressed hard, he said that he OTice heard IJreen say they had a lot of money. Next morning they took out the bag. After lueakfast they went out again into the bushes, near the house, and as he went out to mind the cow be watched them, and saw Breen hold a pocket-book full of gold and notes open. That evening Breen went into town and went out again on Monday morn- ing early ; Breen said be l.ad been down to Knox's and told that McKenzie's house was burned. After breakfast on Monday the three went into the busl|es opposite the house, and in the course of the day he went out where they had made a camp, about a quarter or half a mile from the house. They told him to go home again. They di;<■ of w(,r.sliij) •\'<'a;jes tJie eow. he J'oor lants. to i ted. and 'lii Were ■ course '<■ Slavin ■dv that da near • upper ■ted of id bet- 5 they >r tea. I' days •I'd to d got Were li and Uo ruth. itely ^ ■^ Afary Carrol was brought up, and at first denied positively that slic know who the trowscrs were for. She thouj^lit tliey were for Ila^rart}' or his father. At last she admit- ted that she was tohl they were lor old Slavin. Slie said McCallaghcn, a tailor, cut them out for her. MeCallaghen was sent for and produced sonic pieces of cloth left from the trowsrrs. and Mr. (I'ihnour's shop-man proved that some time aj;o McKenzie hmijiht at Mr. (liimour's two remnants of precisely such cloth. It was sucli as the two ILiirarty's described it. The elder llairarty stated that on Mondiy niLrht late, the three came to his hou-^e and woke him up. He is married to Slavin's sister. The large man he did not know, lie had never seen him before, and they did not call him by any name. Slavin told him that McKenzie's house had been burned and tlie family killed, ami that l;e was afraid they would l)e suspecteil for it. as he had had an attachment out for a man named (iordon, and had been down there to liave him arrested. Mclvenzie, he said, hid (tordoii, and he could not find him. and lie was to and fro about it, and the other man had worked with McKenzie and liat Want an}-. ^'. Kerr, as broiid that .''I as tlieir ^I'lio. Mr. •" Slavin. •sked if ho 1 in j.lead- ial of the icre IJreen iidin;r the 'Viitch and 11, Sr., ho L' murder oH'spriny i place where the prisoners were arrested, found a trowsers supposed to iielong to Mc- Keuzie. and tied up in it several articles of clothing. On Friday niorniiig before Vhe'iby great exertions on the part of the odicers of the Cnurt order was partially restored, the .Jury i'aiicl was called over. The attendance was even larger than during the [irevious sitting of the Court. The counsel for the defence put to some the question wlu'llier they had formed any opinion in this ca.se, and, as may be expected, the answer generally was that they had ; but what is stranger still, some saiil they had not. Others said thiy had formed no (q)inion of the guilt of the boy; others that they had formed no (qtinioii that would prevent their doing their duty as jurymen, 'fhe Crown counsel maiiitaiiieil that the mere formation of an opinion should not disqualify a juror, and ai'gued that if such objection were admitted it woiilil be impossible to get a jury in su< h a case. The objection, however, was held to be valid. The same course was jiursiied when taUsii.en were called, and several of those stated for themselves th;it they had formed very decided opinions in the case. ^laiiy of the regular paiud and talesmen were peremptorily challenged. At length, after about an hour's delay, a jury was empanelled. Till Solicitor General then o[iened the case, lie said they all knew that a frightful trageily had occurred, and all its details were generally discussed, creating universally feelings of horror and alarm. Rut he was satisfied that having now taken tho oath to find a verdict according to the evidence, they would, as far as possible, divest tlieiuselves / r I 10 THE MISPECK TRAGEDY. !!r i of all such feelings, and try this case impartially and fairly. That was what justice de- manded of them, what t)ie country expected, and what he on behalf of the crown asked of them. The j)risoner at the bar was now placed for trial alono, because the others had pleaded guilty — his father on another indictment — and it was not necessary that they should be tried on this. Having stated the nature of the charge against the prisoner, the learned Solicitor stated very fully and clearly what evidence they were jireparod to ofler, to show how the plot had been concocted, matured, and carried into elfect. and how discover}' followed, and a whole train of cirumstances demonstrated the guilt of the murderers. His own declaration would bo most important evidence against the prisoner. He then proceeded to say that the prisoner was as guilty, if ho went with others to commit a robbery, and to murder should it prove necessary — although lie may not actually have killed any one liimself, as those who perpetrated the nmrder. It may be said that they had the life of tlie prisoner in their luuuls, but they had also the safct}' of the public — of life and pro- 2ierty in their hands, aiul should remember that if such deeds could be committed with impunity, no man would be sale — the law would be no protection. He trusted therefore, they would try the pris(;uer with due regard to law and the evidence, and he felt satis- fied that when they heard the evidence he would be justified in asking a verdict at their. hands. AVm. Reed, 1 e'ng duly sworn, said he resides inCarleton. and knew Robert McKenzie, who was married to his sister, and had four children. He lived at Mispeck, in the Parish of Simonds. .Saw ]McIvenzie about four weeks previous to the murder, at his own place, about ten miles from the city. The house was a cottage, about fifty feet long by about twenty-five wide, with a hall through the centre. On tiie other side of the road, about fifteen rods ofl'. was another house, occupieil by his serv;.-iit Juan. Policy was the last man who lived with him. There was an iron safe in McKenzie's house, kept in his bed- room ; never saw it open. Does not know much of his circumstances. Saw money with him often. Wiis down there on Monday after the fire. Roth houses were completely ooiisumed. In the little house, wus found the lemains of McKenzie, as was supposed ; his body from the slioulders to the thighs — the head was gone, the legs were gone, and the arms were oil". The trunk was completely cooked up ; it was blackened so that you could hardly tell what it was; could identify it as a male, but there were no means of identifying it as McKenzie's body ; it lay about the southwett corner of the lioujo. ••unoug the ruins. In the ruins of the other house were found a small part of the breast and heart of whatsetiued to be a woman (head and limbs were all gone) ; the body of a child was there ; legs, head, and arms were all gone. The oldest child was live years old oil the third of last September. 'I'he youngest child was walking about when he last saw it. Tiiere was some llesh on the child's body. When witness went out the remains had been found and placed in the iron chest, which was open, and had the key in the lock. It was about two o'clock. Several of the neighliors were there. Tliinks McKenzie's was a mile from the nearest house, which is Robinson's, on this side. Peter O'ilare's Wiis over a mile at the other side. Knew Mrs. McKenzie to have liad a steel bead purse. Thinks he saw the purse pro- duced before in -Mrs. Mc^Keiizie's possession. (To t!ie .ludge.) It is upwards of seven years since he first saw it ; did not see it since he left Mispeck house. This looks wry like the one she had. (Carpet Rag produced) — \t!ver saw this before to his knowledge. Was in the iioii>;(' three ar four timed fur thj hut \\<\iv yoars. .McKeiizio had u watcii ; did not sei; the watch since he iuft him. Cross-examined by Mr. Wetmore.— Could not tell what the color of the silk of .Mrs. Mc- Kenzie's piiise was. George liCet, being sworn, said — 1 live at West Reach. I worked lor Mr. R. McKenzie for some time pri'vioius to tiie Saturday before the murder, which was the last liay. Was liure off and oil. 1 lell oil tlio .Saturday evening about six o'clock. It was about dusk ; saw Mc- Kenzie a short time before 1 left ; we had worked together all the alternoon gathering up oats. .Saw him last down by the lowir Itani, which is aiioiit one hundred and lilty yards h-om the lower lariii-h(Hise. From McKenzie's duelling house to the iuun wus uijout ninety yards.— Kxcept .McKenzie's two little boys, no one was with him.' Do not remember having .seen Mrs. .McKenzie on that day. The youngest child .seemed to lie about a year old. Was nut in the baliit of going iniieli into .MeKenzie's house ; took my victuals and slept in the small house. Had no conmumicutioii with the big house. .My father's house is said to lu; five miles from .McKenzie's. There was lire in the small house ul dinner time, but none that 1 know of when I left. Called at C>'Ilure"s on my way home, tiot home u few minutea after (ight o'clock. First heard of the fire on Sunday evening about seven o'clock. Was sent lor on Sunday uight by Stjuire Hawks to come into town on Monday morning ; came that night ud I 1 THE MISPECK TRAGEDY. 11 "liat justice (le- the crown asked ■e the others had ssary that they earned Solicitor o show how the ivery followed, ''<-'i'.s. J I is owii then proceeded a robbery, and J^illed any one I'ad the life of life and pro- >iiniiitted with isted tlierefore, 'le felt satis- .'crdict at their. )ert McKoiizie, ;,_in the Parish lis own j)lace, long by about e road, about ^■as the la.sl t in his Led- P' money with coni])letely IS suppo.e jiro- ol Seven looks vei'v ioiis(> three -li since he •Mrs. Mc- ^'I'Keiizie ^Vas there ^ iij) outs, ■i h.te., none of which ho could identity. A cap shown was, he said, like one .McKenzie wore. ("ross-e.\amiiied l»y Mr. Kerr. — 'I'o the best ol my opinion, the prisoner. Breen, is the same us the mail Williams, or MeWilliams, but could not swear positively. Sasv old Sla\in on the Wednesday and Thursday ; did not know his name. Cannot sw( ar fur certain that tin; pris- oner is the same man, but to the best of my (»piiiion he is. Will not swear positivt ly that the boy is the same 1 saw, but 1 l>eliLve he is ; to the best of my tipinioii he is ; .saw him first on Wednesday gi'ing along the road liiyond .McKenzie's. J was at a di>tanee ; afterwards the same person, I believe, returned, and 1 weut out on lliu road and spoke to him. That evening tiie lioy caiiit! info the lower house; the men had Ijeeii in lielore ; thought the l)oy was a down-looking bey ; cannot say what particular clothes the boy wore, 'i'lie boy did not remain uliove half at) hour. He went out of the house then, uud I did not bee him alter until yester- day evening. (Witness described the situation of the houses and barns. One of the barns was almost on the line between the dwelling house and farm house.) To the Altoriuy Cieiieral. — 1 lielieve the Ijoy is the same ; I spoke to him on that \\'cdnc3- day. 1 am not positive that the boy is the .'jamo. Cannot say that the nuiii I saw in gaol yesterday (old Slavin) is the .same I saw before, but believe lie is; I would not swear for cer- tain that he is. 'I'lie Attorney (Jeiieral usked, if from what jiassed at the interview with old Slavin in the gaol, witness was satisfied of his id<'iitity, but the ((Uestion would not be admitted. John Uobiusoii sworn, and e.xamined by the Solicitor (.jleiieral — 1 live tiltreii milis from the city, on the road beyond McKenzie's ; I remember well the night of the burning. I left Juh. 12 THE MTSPECK TRAGEDY. 1^ f I. i Robinson's about half past six. and passed McKonzio's ; I was in my shirt sleeves, and had a new axe handle in my hand. Tiio house looked very fjloomy. 'J'liere was no light in the win- dows. It is eight years since I went down there to live, and I knew McKenzie during that time ; spoke to him seldom, and was very rarely in his house. Heard of the murder first on Sunday evening ; went to the place on Monday morning ; saw the ruins and the remains of the bodies, (these he described.) I opened the sale with some others, and put in it what we considered the remains of Mrs. McKenzie, and one of the children. When we openi'dtlie .«afe there was nothing in it. Last saw McKenzie hanging a barn door, with Brown, of Lower Mispeck. It was eight or nine days before the burning. The trunk of the man found I thought corresponded in size with that of McKenzie's body. To Mr. Kerr. — Could not swear the trunk was that ol McKenzie. Passed McKenzie's on the Saturday night about seven o'clock. It is as much as live years since I was in the house McKenzie lived in. Was often in what is called the farm house ; it was a house of entertain- ment. Polly, his wife, and children lived in it. When I passed, nothing struck me as singu- lar, only that there were no lights. It did not strike me as extraordinary at the time. 1 met nobody. John Leet, examined by the Solicitor (Jcneral — I have lived at West Beach about seven- teen years, and have known Mr. McKenzie since he went out there seven or eight years ago, George Leet, my son, worked for MrK( nzie ; he came home on the night of the burning about eight o'clock. He got his supper and went to bod ; I saw him next morning; heard of the fire on Sunday night ; went to McKenzie's on Monday morning, and found seven or eight of the neighltors there ; exaniined a little brown and white dog 1 had known as McKenzie's, and found blood on his side, but there was no wound ; all the neighbors were satisfud it was blood — a small spot on the right hip ; saw the remains (describtd them.) On Tuesday was at Mc- Kenzie's again ; found near the trunk of iMcKenzie three buttons and part of a brace, and what they thought was the brains, rolled up about the size of a pullet's egg, and all burned ; the buttons were a sort of metal buttons ; had seen about a fortnight before a brown coat on McKenzie with such buttons as those ; can not tell what the impression on the buttons was ; observed the buttons when moving the trunk into a box prepared for it. In .«pring I got some oats from McKenzie, and in paying liitn and getting change I siiw a large roll of notes with him ; he had it in his pocket ; 1 often saw McKenzie as 1 was passing, and would speak to him ; when he wes at work he generally was in his shirt sleeves, and wore a cloth cap ; can not identify any of the clothes he wore. Cross-examined by Mr. Wetmore. — The body liad been removed about two fiet beforf 1 saw the buttons ; 1 could see when; the body had Iain ; the Itutlons were where the shoulders had been ; I recollect distinctly that the butt^'us on Mr. McKenzie's coat were not plain, and were not covered with cloth ; I saw it a fortnight before, and remarked it as a new coat ; would not swear that the stain on the dog was blood. Win. Hawks, Kstp. J. P., examined by Solicitor General. — I live at Black Iliver, and knew McKenzie, and saw him in the course ol that week binding oats. Heard of the burning on Sunday afternoon, between three and four o'clock, and went at once to the burning. .My rr^i- denee is six miles from McKenzie's. At the barn that was unconsumed, we took ashoveland fork. Robinson pointed out as nearly as he could where tlie bed-room was, as I thought they might have been burned in their beds. W'v loinid nothing. A man named Pt-aeoek was searching about, and remarked that there was something unpleasant about the fireplace — the chinniies had fallen. After removing the lu-ieks and rubbish, we found what we thiuighl the remains of Mrs. McKenzie, and thm from the ap])earanee of the body, and its position. I con- cluded tluit murdi'r had been connnitted. AfleT a fiutlur search we lound the remains of a cliild. Of .Mrs. .McKenzie there was a portion of the back bone, and some ribs and the heart were visible. The safe was at this time outside the l)uilding, and opi-n. In it were what seemed the re- mains of a Itook and a bundle ot papers. We gathered the remains and [)Ut them in the safe. No one but Robiiis(Hi and O'Harc, who had gone lor nic were there at first. .Mr. Power and others arrive'd soon alter. While still si'are-hing at the upper house, the lad Peacock, who was also searehirig about, came up and told us there was a 'oody down at the little house. 'I'his had a cellar with a stone wall. Saw the body tiiere, and could identity it as that of a man. Concluded that it was .McKenzie's. It was then pretty well on in the alternoon. We con- sulted together, and my oliject was then to find out how, what I believed to lie a nuirdcr, uas committed. I heard then that the young man l/'ct had worked there, and I at one.- resolved to send for him, and direct him to come up, join Robinson at his house, and be in with him in the morning in the cily nt five o'chiek, to give inhu'mation to the .Mayor. On .Monday 1 eamo into town past McKenzie's, and us I passul Ol hire's he ran out to tell me Leet was there. Leet told me he was afraid to pass the place during the niglit, and that this was the reason he was iu)t in town at the time appointed. Came into town, and did not go out until Tuesilay. Jaru; Robinson, examined by Solicitor General — i am wile of ilames Robinson, and live u mile at this side of .McKenzie's. Knew .Mr. and .Mrs. .McKenzie; tlu'y had four children ; the i THE MISPECK TRAGEDY. 13 Jeeves, and had a > I'glit in the win- enzio during tliat murder first on '1(1 the remains of >iit in it what we e opened tlie .v-nfb ^rown, or Lower he man found 1 J McKenzio's on vas in (lie lionse 'iiseofentertain- iciv me as sinj-u- the time. 1 met 'h aljout sevon- '>Iit years ago, e burning about heani of (he i-en or eight of. •IcKenzie's, and j<^d it was blood lay was atMc- »f a braee, and 111 all burned ; brown eoat on buttons was ; iiang(,' 1 sjiw u I was passing, eves, and wore et before I saw sliouldei's had ilain, and were at ; would not ver, and knew e burning on iij,'- ."\I\M-.-.i. Iv a shovel ;ind vas there, e reason be I 'i iiesdujr. ind live u l*t looked round the place, and into the several barns, in search of the fam- ily. The stable was fastened, and it was evident that the cattle had not been fed. and we eou- cluiled that no one had been about ; we searched a little amongst the ruins with a fork ; the bedroom was in the southeast corner of the house ; the safe was lying under where the bedroom was, rattier within the ruins; we lifted the safe out; the key was in it ; the door was not loeki'd, 'I'here was nothing in it but some l)urned papers ; they were in cinders, and would cruml)ie if you attempted to handle them. There was notliing else in it ; did not make nmch of a search until we had gone for Sipiire Hawks. (Witnesa descrilted the search, the discovery of the remains, \-c.) 1 first saw lireeu — he called himself Williams— on Monday before the murder ; this boy of J !■ ■,i 14 THE MISPECK TRAGEDY. Slavin's was with him ; tliey came along the road until they came in view of some carpenters working in a shed ; they then stopped on their foot, and ludked into the shed, and then the boy turned into the bushes and passed round my housi' ; the other man walked on, and spoke to me as he passed ; hud not seen Breen before, but knew from the description that he was the man who was hiring with McKenzie. Often saw the hoy pass that way ; know old Shivin very well ; did not sec him out that way lately. Slavin used to work in a brick-yard in summer. On the Thursday following, Breen came in company with two others over IJeavcr I.akc Bridge ; there's a hollow after the liridge is passed, and yon lose sight of any one coming that way ; Breen came on alone with an axe on his slioulder ; the others were not seen alter ; 1 have not seen Breen from that day. (This witness could not identify any of the property.) To Mr. Kerr. — Slavin lived on the upper Loch Lomond road ; the road forks near l)avi(l- son's ; there is no road from Slavin's to McKenzie's, except round by the fork ; l)ut there is a foot path ; the intervening lands are generally barren ; cannot say if it is passal)!e in sum- mer; by the road round the distance from Mcl\er)zie's to Sluvin's is about nine miles. Saw Slavin working in a l)rick-yard ; cannot tell how his cliiidren were employed. Saw Shivin frequently out on McKenzte's road, but the first lime I saw the boy out that way was on the Sunday fortnight before the murder ; his mother and he came into my house for a pint of rum. When I saw the boy with Breen the Monday before the iin<, they locked into my shed whut on that road r^"ox (the last ' , the Saturday clock, digging * him a pound asked change J t iiot see him Some of the al- ood boy ; I %e; I did not 'or it occurred. ! to ray place. ' '"oiiVslinients. use of JJurke 'J sonic sugar' about twelve "le produced. lis ho use. I J. sometimes V the Slavins "x'h of Au- ' five days in ^m worked ♦yhon tijey his he got u ' six pence. September twenty-second, neither the prisoner nor his father were at work on the railway to my knowledge. 1 knew Breen ; ho worked ten and a half days with nie between the iirst and twenty-second of September. Jdliii Slavin, brother to the prisoner, was then brought in from gaol ; he was first ex- amined by the Judge. He said he is ten years old, and that he knew be was to tell the truth and the whole truth. Had heard of heaven and of hell, lie knew it is wrong to tell what is not true. The Judge said he thought this sufficient, and tlie boy was sworn. Examined by Solicitor General. — My father's name is Patrick Slavin ; tliat (the pris- oner) is I'at, my brother. I lived on the Loch Lomond roail. My father and mother lived there. The family was live. My sister lives in the old coiuitry. Tiiere is no sister living home. My younger brother is Jemmy. I never knew Breen until [ saw him about five weeks ago. I heard of McKenzie's house l)eing burnt'd. 1 think Breen Avas four weeks in my father's bouse before it was burned. Breen lived in my father's and slept there. M}- fatjier and Pat lived and slept there during that time. It was on a Saturday McKenzie's house was burned. I don't know at what time. I saw Breen that morning and my father and Patrick. They were not at home when I wont to 1»ed. I saw them about one o'clock in the day. They were not at liome after one o'clock. I saw them leaving. They left together. "When they were leavuig, the whole of tliem said they were gning to P>Iack River. They said nothing else when they were going away. It was night when I saw them again. I was lying in bed when the whole of them came in. I was awake and saw them. They bad a white bag with them, middling small. The bag con- tained clothes. There were socks and a pair of boots in it. They said they got these at McKenzie's. The three of them were in the house when they said this. It was my father who said they got them at McKenzie's. He was speaking to the whole of them. I had got up. M}' mother was present. They took their suppers then. After the supper they cdunted the money on the table. It was gold. My father took it out. They said there were fifty sovereigns. My father took it out. He gave it to my mother ; all I saw. When they came in my mother was not very well pleased. She called them rascals. They said slu! wouldn't do it. This was after supper before I saw the money. I saw the watch : my father had it. It was yellow. I saw a purse with them ; Hugh Breen had it. It was a silk purse, dark. There was nothing at all in it. I saw no blood on them. They said ibej' set McKenzie's house on fire. My father said that night that they killed Mc- Ivenzie ; that be hit him with the axe; that they killed the woman then, and that he killed the other children then. My father said nothing about Breen or Pat. lie said he killed them with the axe. He was saying this after and before the money was counted. The others said nothing. They took off them, and went to bed then. The next morning Pat and Hugh Breen went out and hid the socks and tlie boots and the clothes in the woods. They took the things and said they were going to hide them. They did not stay more than half an hour. I then went out to mind the cow ; I saw no money with them that morning; I saw money that day with Pat. He had itliiniself. It was gold. I did not see more than ten ; I did not see tbuni all ; be had tliem in a pocket- book ; Pat did not see me ; I was in the bushes. After they bid the things he went again into the bushes, and I followed biin. He did not go far. He opened tlie pocket- book, and looked at the money. He took one i)iece out ; he then shut it, and put it iu his [)ocket ; he was not long there ; after that be went dow. the road towards the town, and I followed him, and he saw me. Davy Hill was with him ; I saw him oiler some money to Davy Ilill, and be would not take it; Pat threw It on the road. Davy lifted it and wanted to give it to me ; then he reached it over to Pat; I can't tell if i*at took it ; this was near Rogers' gate. I did not ask Pat wdiere he got that money, and he did not tell me. I did not see Breen with a pocket-book. I only saw one. When my father gave the money to my mother she put it in the chest. Breen went to town on Sunday about three o'clock, and came back on Monday morning. I told a person my name was Dunn (witness was not allowed to explain why he did so.) 'I'bey all went into the bushes on Monday about nine o'clock. They took breakfast before they went. I was left in charge of the house. My mother went to town. My fatiier told me to take care of the house. Only Jemmy was in the house with me. In the evening I saw ni}' father and Pat and Breen in the woods, in a camp that a man used to stop in ill winter chopping. I was not lialf an hour going there. They were doing nothing but cutting with a knife. Hugh Breen told me to go home ; (to the Judge) I went home. Coming near night I went back again of my own accord to see if they were in the camp. They were not there. I did not see any of them again. I have not seen Breen since. My father was in the house ac uii that night. Only one came in at a time. Pat came in and got his supper. Father came in next and took liis supper. Pat had gone out. Father told me to take care of the house. Hugh Breen I saw standing iu the door while Pat was taking his supper, lie staid uo time at the door. He took a piece 18 THE MISPECK TRAGEDY, i of hit'ud in liis pocket. Jleanl liiin i^ay nothing to Pat or Pat to him: ncitlicr of them spoko to mo. I next saw my mother in the Conrt House. I did not sec the others since. I have told all that occurred on tlio Saturday night. I think T heard them washing their liands before the supper. To Mr. Kerr. — I have been livina: in town since this occurred ; my j-ounjrer brotlier is six or seven ; I am not as smart as Pat ; I went to scliool about a year to Fetlierstone ; Pat went at the same time, but not as Utng as me ; lie learned as smart as me ; he can't read ; I can't read ; I never went to church ; my father never went to church, nor Pat, nor my niother ; we just stayed in the house on Sundays, and played away our time. — Pat was hired with Knox, and upon the railway. He was by himself hire would make me ; he would not make J'ut go, because Pat would not go unless he liked ; m^- father could not make him go ; Pat knows more than me ; he did not tell Pat to go ; he went himself. They said they were going the IJlack Uiver road. I did not see them until night. It was about two hours after dark ; I went to bed tliat night about half an hour after dark ; T did not get up until they came homo ; Pat did speak after they came in ; lie said they had got some clothes ; it was a good little while after they came in before I lose ; I could see them froui where I slept when they passed. I slept in the kitchen, the same place where they were. There is a little partition in the house, but no second room. I did not sleep in the place partitioned oil ; they struck up a light when they came in ; there was no blood on them ; my father had the bag. Saw nothing with J'at that night, and nothing with Breen onl}- the purse ; Pat had the pocket book ; I did not see him get it from my father or Breen ; I saw him give it to father, and n>J' father gave it to him again, and he hid in the woods ; it was after that. They \v.u\ some butter too. My mother was there when they came in ; T told no one about all tiiis, I told the police my name was Dunn ; my father told me; it was my father who couutc.d the sovereigns ; he said there were filty sovereigns ; I do not think that these were the same that Pat had after ; they were not in the same purse. I'at said there was a fine pair of boots for him. I guess they brought the bag turns about. On Sunday ninruing my father told them to hide the clothes. 1 first saw the pocket book in the middle of the day on Sunday. 1 heard some money jingle in Pat's pocket, and I watched to see if he had any mouey to tell the rest, and I saw him open the pocket book in the bushes in the middle of the day on Sunday. I told my father I heard the money jingle, and my father told me to watch him. I did not want the money. He did not get it from my father, for my father told me to watch him and lind out. When I followed Pat into the bushes, he did not see me. I told my father, and when J'at returned to the house my father asked him if he liad any money, and he showed him the pocket book. My lather took it and counted tile money, and said there was about £50 in it. Pat asked it back, and my f illier gave it to him, and ho said he would go out and hide it. This was before Pat met l>avid Hill. Pat knew what they were. I heard him call them sovereigns ; he heard my ihiliei' call tliem sovereigns the night before. He knew himself what they were ; he said he did ; he saw sovereigns before ; I did not know the value of them ; T did not see any money with Breen. 1 don't know what Pat did with the pocket book. I guess it was for taking the things they went away into the bushes on Monday. They all went together. No one told Pat to go. I did not hear what they said. '• I did not go, what would 1 go for?" Breen went first, and my father and J'at next ; it was eight or nine o'clock. When my father and Pat came back that night, they stayed only to eat their supper ; I came into town myself when none of them come back. 1 left Jemmy at a neighbor's house ; I stayed at CaroU's ; I saw two policemen in the liouse before f left -, they asked me where tJie}'^ (ins father and the others) were ; I told them I did not know, that they were in the bushes ; I think this was to the Captain. After consulting with the prisoner, Mr. Kerr asked the witness if he did not see his brother get that pocket book from Breen, or give it back to him, and he answered both questions in the negative. To the Solicitor General. — On the Saturday night I fell asleep after going to bed, and woke up when they came in. I only guess it was two hours after night. Behind the partition is the bed in which my father slept. I slept in the kitchen, To a Juror. — They brouglit an axe with them. To the Judge. — ISIy father had the axe. The butter was not in the bag ; it was in f> cloth by itself. Pat curried the butter. i THE MISPECK TRAGEDY. ly r of them hors since. brntlicr is tluTstono ; ! ; lie Cfiii't 1. nor Put, )nr time. — witli lliui- lis \vap;i'S ; II the brick •c all living at did not )iil(l fro. I would not nie ; he did I liver road. to l)cd that e ; Pat did little while ley passed. ition ill the y struck up bag. Saw the pocket fatlier. aiul 'I'hey had out all this. ho counted se were the J v.-as a line ay niuniiiif:; le niiddle of any money iddlo of the told ine to )V iiiy father did not see 1 him if ho iiid counted t:ither L-'ave David iliU. y father call aid he ack he p;ave my father the ])0cket book. After that he asked my father a;rain for tlie pocket book, and ,u.ot it. The Carrols are fi-ieiids. I stopped ilicre once before. To Mr. Wetmore, throufih the Court. — I have said my prayers; I forget the Lord's Prayer ; my mother taught it to me ; it is a lonij time since I said it ; I used to say them ;j;oin!T to bed ; it is over four mouths since Tsaid it; Pat used to savliis jiraycrs until tlie same time ; my mother said they were rascals lief.uv tlu'y j:ave her the money. .John IIa,ii;j.-erton (called here, he says, TIeagarty) cxainined by tlie Solicitor General. — 1 live at the Four Mile Woods, above Lake' Loiuoiul. .Mv faiuilv consists of a wife and six children ; Pernard. my eldest boy. is twenty-one ; IJiddy, my eldest daughter, is three years younger ; my wife is Slaviii's sister ; T have seen IJreen once. < )n the Saturday night "the lire took place my boy left the house to accomiiany aiiotlier boy. and when he came back ho said lie saw a fire. This was about eleven o'clock. lie thought they were burn- ing slabs at Ratcliife's mills. On Mouda}' heard of the lire at McKenzie's ; it was elevtu o'clock ; on Monday night I saw Slavin and his sou. and the boy they call Ureen ; before day on Tuesday morning they came to my house and raised me. 1 got up and let them in. and asked them wliat was the matter that they wrre out such a stormy night. Old Slavin said there was a fire (>own at Mispeck. and that he and his wife and I'reeii were often seen down here looking after a man iiaiiie(l Gordon that owed him X5. wIkjiu Mi> Kenzie kept hid until he could send him oif in a steamboat, and they were afraid they would be suspected of the wreck that was made, 'i'he}' said t'.iey were looking about McKenzie's for (rordon. and had a writ for hiiii. Neither IJi'eeu nor young Patrick said anything. 1 kindled a fire, ami they dried tliemselves, and I got something for them to cat; it was a ver}' wet night ; I cannoi. say how far it is from my house to Slavins ; they say that my house is fourteen miles from town. Slavin. after they ate, said it would be better for them to leave the road, as tliere might lie a search for them ; they went out to the woods ; it was daylight. They went down forty or fifty rods from my house ; 1 went with them. They broke some spruce boughs and made a shed ; I did not assist them ; my son also went down with them ; he did not assist them, and came back with me. — The onl}' thing I saw with them were two pieces of dark cloth, Slavin himself had ; both pieces seemed to be of the same jiatteru. lie left it in my house for my son to get a pair of pants made for him ; he said he was going a distance, and to get a pair of pants made for him. My son l)rought the cloth to town to get it made ii[) ; it was about sunri-e when 1 left them in the woods. 1 saw them again about 11 o'clock, before 1 went to my work. The three of them were lying down when I saw them, on a bundle of straw they had taken out of the barn. Brecn had carried this to the camp. T did not cany them anything. T told tliein it was a bad Job the house was liurned, and 1 was afraid they would sutler for it, as they had run away from home. Not one of them could say a word for himself. 1 then went over the lake to Cane's to shoe-make, and stayed there until night. When I returned my son had not come home. I did not go to the camp that night, and the next morning went to work. I did not see ttieni or send any- tliing to them. I snpi>ose some of the children took them something to eat ; my son had come on Wednesday evening just as 1 returned, and brought word that Mrs. Slavin was ar- rested. On Thursday morning before breakfast T went down to see them ; my son went with inc ; tlu'V were lying as before; they had an old (juilt. I sui)pose my woman had "iveii it to them; mv son told me that Mrs. Slavin and liie two children were arrested. I got so full [ could say nothing, and turned away ; heard Breeii say nothing. On Tues- da\' night the police first came to my house ; they said they were looking for three men who had stolen a horse. I did not see Slavin and the others after Thursday morning ATrs. Carrol is a cousin of Slaviii's. To Mr. Wetniore.-^Tt i.s seven or eiLdit years since Slavin left the Lake, and I have not set n nnicli of iiim since or his family. 1 knew Pat tlien very well. He was born in Ireland. He Is, I snppo-e, thirteen or fourteen years old. He was three years old when he came to this country. They lived with me for ii year. Since they came to live near town I was only twice in their house, and seldom saw them. Pat sometimes came to my house while he lived iit (Joldiiig's; he did not come often. He seemed a simple, quiet kind of boy; not as keen as boys usually are. He might bo cute enough at an answer or the like of that. I believe he was a simple boy, and not as capable as he should be of disceniiug between right and wrong. Ho was easily led. He was not a boy easily frightened. Old Slavin was a high tempered man. I do not know if he heat his children. To the Solicitor General.— Golding lived in Smith's place, at the head of the Lake. He would come there for a week or two at a time, until his father came for him. Mrs. Golding was very kind to him, and when his father did any thing to him he used to come there. Bernard llaggerton was next brought from gaol and examined, lie said — 1 live at the head / 20 THE MISPECK TRAGEDY. I ol" the Tinko. I did iint lioar of flio biirninjr of McKonzio's until tlio Tuesday morninfr after it liiippeiieil. I heard of it from old Putriek Siavin. I know the prisoner. I first saw him alter \hi- fire, in our own house. 'I'Ik^ prisoner said iiotliiiifr to nie on tliat niorninjr. Old Slaviii was telling the news to the family. It was about an hour before daylight when they eanie 1o tiio house. 1 did not fjet up for half an hour after. After breakliist'they started to the woods. Old Slavin (I think) said McKenzie's place was burned, and he was afraid tliey would be " a deemed" for it. To th(! Judj^o. — I think it was between nine and ten o'clock I was <:oini^ down from our house with Lawrence McAleer, and 1 saw as it the reflection of a fire or the moon risinf^ : I tlionj,'ht it was fire. The refiection was down towards town. I do n(jt know the direction of McKeiizie's from our house. I was never on that ro;id. To the .Solicitor (leneral. — Old .Slavin said ilcKenzie and his family— his wife and children were burned in the fire. Old Slavin had a piece of dark cloth with him, Jle pivc it to mr to get a pair of trowsers made. A daughter of Mrs. (Jarrol's made them. The old man po\ them. The party went to the woods about an hour after day. My father and 1 went wit) them. They went about half a mile and took with them an old' (piilt and some straw. 1 stayed only about five minuti's. They were making some kind of shed. On 'I'uesday I came to town and got the pants made. I sent them home by a man named Lynch, and I think one of th(" little ones took them to the camp. ()u Wednesday 1 returned home, but did not go to them until Thursday morning, when 1 took a piece of bread to them. My father was witli nie. I told them Mrs. .Slavin and the children were prisoners. 1 told them that I saw police on the road as I was going in. They were in a carriage, and I was told they were police. 'J'be men were saying tlie place was very wet. 'I'hey di r think that if I were in such a position, I woidd not tell all about the allair as he did ; be .said he took no part in any of the murders ; he apl)eared to be of opinion that he had nothing to do with the murder. To the Solicitor General. — I did not go to any ofhco to state what t had heard. [ spoke of it to some of my acquaintances, and I presume it was in that way it became known to the Attorney General or Cajjtain Scoidlar. Willi.'im Arthur sworn — I live on the Loch Lomond road, next house to Slavin's. On the Sunday after Mclvenzie's house was burned, I went into Slavin's house. The prisoner was eating his dinner ; he came out with me. and avc went flown some distance thronj:li the bushes ; he then pulled out a yellow coin, and then three more ; he said they were live dollar pieces ; he bought an old knife from me for o'/ ; he had ^il more in chauL^e. and he wanted to buy a j)iut of rum for it. I said I must go home. We went to the road, and then David Hill came along, and they went away together. To the Judge. — He said the boss of the lailroad was after paying him. 'JV) Mr. W'etmore. — I never saw any harm abuut the boy j he maile no secret of having the money. Jacob Arthur — I live on the lower Loch Lomond road. On the Sundav after tlie fire the old man came up to my house and stayed there two tu' three hours, lie said n, and *hat a man named Breen had been tJtopjiinj:- there. From information received there, T j rorx'eded to town, and as avc got near the city r saw a woman crossing towards the sands, whom, from description, I .supposed to be Mrs. Slavin. I sent a policeman after her. and found it was she. From the contra- fliction of her statements and her sons. T arrested her and lirought her in. T tlien set guards on all the outlets of the city. With the force on duty in the cit\% I had all the city pretty well searched for the two Flavins and 15reen. and I sent two police out to watch Slaviu's liouso. Next morning T sent four men out the T,och Lomond road. Con- i^^inue'l the search. Did not see any of the jirisoucrs until the following Friday evening, when I found tliem in a camp at the head of Lake Lomond, about three-quarters of a mile from the road. A sort of path led to the place. Lernard nag^erton guided us to tb ' place. Policeman Dobson and L with Tlaggerton ]>etween us. advanced to the camp. Ww u and old Slavin came to the front of the cam]), and were secured. I asked old Sla- vin where hi.s son was. lie said in the camp under tlie quilt. ^Searched, and found he was not there. Saw a hole at the back of the camp, and looking in that direction, saw tlie lad running oil", I called out to him to come back, or 1 would shoot him. The father said not to shoot him. and called to the boy to come back ; he did come back. Dobson searched Dn-en, and got on liiin tnree sovereigns, and an Englisli shilling and portemon- iiaie. Old Slavin said that when I came up he was putting on his coat to come out to t'll all about the matter. lie then asked me to step aside M'ith him. I did so, ami sitting down on a fallen tree. I searched him. and found two York shillings on him. ^Ir. Stdckford and the oihers of the party kept cliarge of IJreen and the boy. I told Slavin I was a public oflic( r. and ehaiged him to tell me notliiug that would militate again^t him- self, lie said he woidd sooner li(> dead than sutler as he had done. To Mr. AV'etmore. — I was armed, but no threats were made or inducements held out. He tlicH said he was i)utting on his clothes to come out and tt'll the authorities all about the matter ; that it was the man ISreeu who led him intt> the whole difliculty ; that he had left the railroad the same tinu> he did. and stayol with him on and oil" from that time. He said he had gone out with Dreen to McKenzie's place in search of a man named t.iordon, whom he said M(dven/ie was secreting (Here a long di>cussiou arose as to tlie adr.ii^sibility of evidence of old Slaviu's state- ment. The dudge said he was not satisfied on thi.s jioint. and would not decide it; it was agreed that this part of the evidence should be omitted for the juvsent.) V.'e l)rought the prisoner'- out. and to (ieorge Smith's house, at the head of the lake, (ieorge Stockford and policeman ."Marshall brought in the prisoner, old Slavin ; Smith and a policeman brought in Urei'U. and .fames Stockford and I brought in young Slavin. De- fore we got into the wagon one of my jiaity stated (1 think in presence of young Slavin) that ho wished to show where some of the things were. AVlien we got into the wagon and had started. I then wariKMl the boy as I did his father. 1 told him 1 was Chief ot Dulice. and that he should not tell me anything to injure him on his trial ; that if he chose to tell me anytliing it must be entirely voluntary. •^Ir. Wetmore auain ar::ued that if .anv inducements were held out to the boy by any otlu'r party, that wmild lead him to make this ^;atemellt. the statement would be iuad- mi.--;ibie. and he a:»ked tliat it should be shown that no previous inducement was lield out. Solicitor (M'Ui'ral argued that even if iuilucemeiits were lield out previously, the con- fession, after the boy was cautione(]. would >)e admissilile evidence. AVitiK'ss continued. — The b.y said that it was Jheeu wIk) hail got his father and him- self into dillicnliy. Dncii had been working on the railroad, and after he was disi hai'ged liad bt'en stopi)ing olf and on about his father'.s house ; that some considerable time be- fore the liiii'iiing took place, he and lireen had been out about M, Dreen left hmi on the lop of the hill to keep watch; ai'terwarils ibeeu Went down to .M' Keiizie's house; that Dreeii called at the house where .McKenzie li\ed. and that Ibeeu and ho came out and Went with a liglTt to the lowei' house ; that after a slioit lime Dreen came out alone, and Went back to the dwelling house ; went into the ho\i-ve. and alter a -liort time he (the boyj lu .ii'd loiid eiles ;md screaming, and some- thing like a dog cry and imul ; thai liiieii tlieii came out (afur a lapse ot an hour or so) an(J to to pUJ I \ chl Inl boi sai mt li. of th THE MISPECK TRAGEDY. 23 'vo that informa- -"^'i'. Artliur. aniir oi- so) and went to the stable between the two houses, and.carried some straw from tlio stable to tile lower house, ])iled some wood on to the straw, and then set fire to it; then went to the ui)per house, taking straw with him from the stable ; put it into the porch door, piled wood on it, and set fire to it. iJoth houses got into a blaze in a very sliort time. Ijrcen came to where he was on ihe top of the hill, bringing some bundles, a iiag, and some butter in a pail. He then asked iJreen if he had murdered Mfdven/.ie and his family, and tliat l>reen saireen taking the butter, and he and liis father carrying the bundles and bag, they started for home, and got home before midnight ; his mother got u]) and let them in ; that she then told them to take the things out of the house ; that she would not allow them to remain in the house; that Tireen then gave liim five to ten sovereigns; that IJreen also gave his mother sovereign- ; that M(d\euzie's hat was fitU-ivd bv Ib'een ti) his father. He then said that the bundle and l)ag were hidden under ,iu old lalleu tree in a swamp below the house, and that he would take them where they were ; he did so. and they found the bundles, containing some bundles of yarn, a woman's frock, some children's lilankets, some socks, and otlu'r trilling tilings. They were tied up in a sheet. In tho carjiet bag were a pair of boots, four nld knives, and four old forks. I asked the boy if he was aware that murder was going to be committed before he went out. He said he knew the roljbery was planned weeks before at his father's, but he did not think miirdei' was (o be coimnitted imtil he heard the screams from the house. At that time he told me his filher had iKJtliing to do with the killing ; that Ibven had done the whole "f it. Afier hiding those tilings, he said they went to bed. He and his father were about the house on .Sunday ; on Mond.ay his mother went to town ; (Hreen went on Sunday, and returned on ^Monday morning.) After his mother went to town, he and his fither and IJreen went into the wooils to the camp; after the wagon I had. had left the hou-e for town, he came out of the woods au(l learned from his brother that imiuiries were maur[)ose of him the upper house. l*ris(uicr did not say how far he was ojf at the time he was keeping watch. He knew of the robbery being iilamieil. but he did not know anything of tlu' murder until he heard the cries. Told \uv that he was not in thehou.^e. He said thai IJiveii had laid the plan, an l that his father had been led into it. The pocket book jirodui'cd (a small worm-reral said they did not wish to take up the tinu' of the Court with a repctitinti of these statements. Georiie Stnckford was repeatedly called, but nr. After waiting several mimites (messengers having b(>eu sent to liml him) the Solicitor General said they wo\il-' wait no longer for him. but rail the next witness, lit (.11 Bisdk.n. THE MTSPECK TRAGEDY. 25 ^vas no more. ckot hook, ilarticii- -'i-o it was. ivmember ■ceil. All s. JJrccn A mark t. I was V the late T was tlie tli'Misand e l.ond 1 hy AVoh- 'iiiiKhcd H is tho ■laiin on i-'ii years lis neck. I Went one of ipanied H'apt. t'oulhir sense ? «iioiiI(i ;elf. Tic said — I knoM* the prisoner at the bar about six weeks. I know him working with Mr. Ilanlon on the railway. I knew him after at his lather's. I stojiped at his father's about three weeks. I saw him about a montli before the burning at Mclvenzie's. I know when that took place. The witness was again warned that lie need not answer any (piestion unless he pleased —any questi(m he thought would implicate himself. Witness. — We were there. Mr. Slavin. his son and me ; that's all I know about it. I saw the prisoner at the bar do nothing there. I could see him do nothing there. 1 sep- arated from them on Sunday evening at ills own liouse. \Ve were not together until Monday night again. AVe did not separate after that until the watchmen took us prison- ers. T came into town on Sunday evening, went back on Mond'iy morning, and we went together on Monday evening. T saw the prisoner do nothing at McKi'uzie's. for I was outside. He was inside; he went in wit!i his father. I did not go into the dwelling- house until the murder was over. The three of us were in the old hou.-e— in the small house ; that was before the prisoner and his father went into the big house, or before we went up to it. There was no one in the small house but ourselves then. T saw !MeI\en- zie ; he was m the small house while the three of us were there. M(dvenzie was alive when the prisoner was there. T saw McKenzie dead in the small house. Tlie prisoner was aLcain warned that he need not answer these questions. 1 went up for McKenzie. and he came down. He said, is she coming ? He meant my wife. I said she is ; is she near hand. sa\s he ; well, she is pretty near, said I. Slavin and his son were in the next room. I took the axe in my hand to make down some lire. ()ld Slavin said, don't make down any fire, the less liglit "the better ; f then took up tho lire again ; this was before Midveiizie had come. Then Slavin took the axe out of my hand, went into the next room, and shut the door. His sou was along with him at the time. There were two or three rooms in tlie house. He shut the room door, having gone into tlie room and his son with him. McKenzie came down ; had a light in his hand. lie did not know Slavin and liis son were there at all ; it was bejbi'e he came in they had gone into the rooin. Says Slavin. coniimr out with the axe behind his back, " she's on liand," meaning my wife, about whom he had heard McKenzie talk. With that he drew the axe and hit him on the breast. Says he. wherever I hit a dead dog will tell no lies. Then h(> left him on the floor. He struck him on the breast with the back of the axe. — McKenzie let a groan out of him, but did not speak. He was put from speaking. Slavin then put him in the tellar ; a few steps led to the cellar, through a trap door. Can't tell who lifted the trap do(,r. I'm on my oath, and can only tell what I saw. He then took anotlur notion, and brought him up again ; says he. will you hel]) iiie to get him up again ; says I, I can't. Then he went down anrl struggled, and got him nearly up. and then ho asked me to take him by his feet ami help him u]). and I said 1 would, and then I did. This was about an hour and a half aCtir he struck him ; he had been dead then a consid- erable time; ho trailed him along the floor into the room he lirst went into, and lel'l him there on the floor, it was after this he went to the upiier house, during all that time we. Were about the old house. Then we went up to the new house — all three of us. Says Slavin to ine, go in you, as you know the place ; says I. I don't know the ])lace any more than yoii do. Well, says li(> to me. you staml at the sill ol' the door until i get a \iew of her, that is all I want — I did so. He came in and put his head h.alf in through the door. She was sitting on a small seat near the stov. tvith her baby in her arms. She says to nie. is she near h.'ind ? ^'es, she is. says 1. pretty near (she meant my wifi-.) He put me up to say that, as it was the only way to get at .M(d\eiizie. It was he said yis, sho i.s pretty nigh. He had his axe behiinl his liaek. and then cam(> forward and h't her have it on the side of the head. He struck her with the back f>f the axe. The baby fell over against the edge of the sto\<' (ru the lire-plae(>. lie gavi'Mrs. M(d\enzie twr) thumps with the axi' somewhere about the heart. He hit the children then with the a.\e. Th ■y were standing crying round the mother. Ther(> were four of them. That's all I know of it. He hit the wlnde of them with the a\e. 'I'hey cried (or a spell. Mrs. McKenzie did not cry. Slie moaiieil for a little spell. 'I'he prisoiiei' was stamliiig in the porch at the time, lie Went no further, lie took no direct part in the niunler. He had no hand in it no more .ban I had myself. That's all I have to say about the murder. Alter the tniirder wa."* over we shut the door. The dog liappeiied to come in. and ^ot some of the blooil on 26 THE MTSPECK TRAGEDY. him. It was a sinall dog. Tlie murder was 'over aLoiit half-past nine ; the prisoner went and looked at the clock. We shut up the doors and went down to the cdae of the woods hclow the liouse. and sat there for a good little while, and then came up again to the house. AVe heard some of the children crying or moaning. Slavin asked what it was. and I said it was crying or something. We went hack again to the woods for another while. Came hack to the house again. The ])risonor was getting hungr\-. and we looked ahout. and I'at got a piece of a loaf, and we all drank some milk in the pantry, and went down again to the woods, and stayed there awhile. We then relin-ned again to the house. I'at had the key of wliere the money was kept. lie took it out of Jlr. McKenzie's pocket after he was killed a little spell, and before we went to the hig house lirst. His father got weak and could not put a hand to him. Slavin and Pat then went in, and Shivin gave me the axe and lokl me — now if any one pass do you slay him. and we will scarcli and get what- ever is inside. After they went in I heard, as I thought, the safe opening. They took out whatever monc}' was in it, I sui)})ose. and came out. and vvc all went down to the edge of tile woods again. Then we again came ))uck to the house, and Slavin saiaid. AVe went out together; the conversation on the way was nothing only to murder them. The fatliersaid, '' Xow, when we get a chance at tluni, do you l)ack me the best way you can." For my own jjart, I backed him iiothmg; I said iio'lhing ; the boy said nothing. I saw money after with the boy — one sovircign in his hand on Sunday morning ; J saw a pocket book with him ; I don't know what he di I with it ; 1 may know it again ; the one produceil might be it. His father told me the boy hiid live sovereig'-.s iu it ; this Was in my jiossession ; Paddy (the son) gave it to me a lew minutes liefore we were ar- rested— al)out half an hour ; wdieii tlu' handcuils were (ju me I told the policeman to put his hiuid ill my pocket. Al)out half an hour before we were taken, Mr. Slavin put three sovereigns in my hand, and a ([uarler dollar. To Mr. Wetinore. — On the Saturday liefore we went to Mclvenzie's, 1 had no money ; it was on Sunday evening I lir.»t got money ; it was on Sunday evening Airs. Slavin gave ine two half sovereigns. The two together will make a sovire'ign. I did not take a w hole sovereign to any one to get changed. I took the two half sovereigns to Knox's to get changed. I came to town on Sunday night. 1 stopped at David Uamsay's on Sunday night. I had a purse with me ; there was nothing in it. 'I'hat (the purse prt)duced) is the one ; there may lie a few bits of paper in it — l;its of n('w>pai>er ; it is my business why 1 put lliein into it ; it was for deviltry ; 1 cannot tell what ne«>pa]pers tliey wviv ; Ijaiii no scholar ; I don't know when 1 put them in. or where I got them. Old Slavin gave me the purse ; he j)Ut no money in it. I took the purse to keep money in it— money that I'd earn, or the M liclter ■':^ally Colly, there. I did not tell Slavin she had money. I never heard she had mouvy. S!ii' may have money. I swear 1 did not consult with'Slavin. and go up for the jiurpose of murdering Sally G0II3', and getting her money. I did not go up 'there, and stay there two days, for the express purpose, and come away because we could not carry ii out ; I Went up to see my sister ; I was in Sally Colly's on that occasion, and ate dinner tiiere once. I was often in there. While in Frcdericton 1 saw nothing of Slavin ; he went about his own business, and I about mine. 1 met him again before we left there. Came down in the 1)oat with him. Did not tell him when we met at the bi'isii by Mr. (iaynor's that We must leave there, because we could not carry out our purpose. The witness would not answer any other question on this subject. TTe would not say he declined to answer; but to the repeated (luoslions of Mr. ^Vetmore made no answer. The Solicitor General interfered, and the ([Uestions were not ju'i'ssed. AVent down to !McKenzie's on 'J'hursday. Slavin and ids son went with me ; we went to murder McKenzie. Slavin and his son left there, and 1 slept with Leet. Had no in- tention f)f murdering Leet. Went there on Thui'sday to commit robbery, and might, only that Leet told us his father and mother were in town, and he was expecting them. I re- member distinctly th.at after McKenzie was murdered, we stayed an hour and a half at tlu! lower house; J have memory enough for that; do not recollect if I was at Mrs. lilaekvvell's on Sunday night ; can't say what the last jilace I went to before 1 went to llamsey's ; ean't say I know nmch of Airs, lilackwell ; don't know where she lives. I told you all 1 did know, and that's all you'll get of me ; you nuiy a -k what questions you please from this until to-morrow. To the .Judge — I often gave Mrs. Blackwell money, but it was not McKenzie's money I gav<^ her ; don't know if I gave her money on Sunday. (Would not say if he gave her gold on Sunday.) ^Ir. Wetmore said he had many more questions to put. but he would not occujiy time in putting them, as the boy refused to answer. The witness was then remanded. Jlr. AVi'.TMoun opcneil tho (k'foneo. lie s:!!'! if Wii.- a nin.«t extr.vinlin irv (■\c'nt in orirninul juoepeilinpts. tliiit in a iM.-^i' iiftliis cIiiiriK-tcr oncor twn iiu-n cinivictcl ofsu gi'er.t 11 ciiiiic sli'iulii lo oiilloil iis a witiic-.-' lur till' Crown, wliilo the ntliiM- llie fiitlKT of llio ]iii,-fiiK'r, wlin, liowovor lie i'.t'!j;ii'i'to(l his duty as n ]i:ircnt c n I'ninirr (ii'casiiiiis. wuuM now li • dispiiscl V> )cliL'V(: Irs tliilil fnim tlio poniiltics of a cviiiio of wliicli lie, it' l^i'cn s)inl<(> truly, was liiiMsclf iimiiilv guilty — was nnt. Tlioy woiiM jiiochuc the el lar Sl.ivin on the ile- t'ciii'o. 'I'liu criiiio ciiiuiniftt'il wms oho sd onoi-inmiy lliiit wrre tlioy nut livin;^ within a t'ow niilos ultln' ]il;ii'o wlu'io it liiiil lii'i'n ciininiilti'il. tlu'V coiilil si:iii'<'ly liclicvo that anythini; ,-w iiihuniiu). so ilroiHllnl iis liiccn (|(',-crili('il, (Miiilcl possilily have hcon |icri'('ti-,itt'il. s'liU in would (•(niu' tlnrc mid tcil llioni that it was not lu! who had I'oiiiiiiillcil the awl'id luurduis, iis ilrci^n had a.-.-crtcil ; Imt that it was IJiicn himself who ruthli'>.-ly fliui},dili'rt'd all till' victims, an 1 ),iir>uing the shiii'kiiiLC I'liildion as Ihoy fh'd to and t'ro, harhaionsly Avw tht'ni all. iiiur- dcr-' were cnuimitled. hut that in faci, as ho in all siiu|'licily of his n.'iture stided at the very first to ('apt. Scoullar. he wa-i Keeping WMtidi on tlio roail outside, and knew nothing of the murder until \w heard tim erics. .All the evidence, hut tliat of lireen, went to show that (he h ly knew nothing of the murder. The slatenieiit ni.idu hy tln' hoy wln'ii iirrested should ho held of inoro value than the statoinent of lireen, who would not lull tlie'wholo truth, and would not tell when: he was on .Sunday uveiiing, or whero thi; rest ol the property of the unfortunate McKenzie wasi concealed, perlijijis lest ho j-lioiild implicate any others. 'I'lu'y would diowthat the hoy knew nothing of any intention to inurdor, anil if there had hcen any eono.Tt he- tween the prisoner ami the others, it wa.^ ii concert to commit a rohliory, and the .Vtlorney (Jeueral, if thn hoy were acijuitled on this indictineiit. could liiive liiin indicted for arson, or hurjj;hiry, or the receiving of Ktoleii ^' "iiU of which it seemed lie wrts guilty, and 4'e invicfeil on any of these cliarijes, though hi.s lif<.' would not be foifeited, ho Would ho coniinod lor such a numhor of years as would iitfirl tiin»for hi- reloii;;,ition. The\ did not \M.-h to ijcle it the ends of justice ; if they dj.j. (Ijcy mig!i( ye.hii !i li.e .'ii lici' then f!i"U'rlil iidinissilile, l.iil w'.,iili. on ndlect'on, le' this luomiiii: rn'e I in idini -il'h'. They only d -ived for the I oy a f.dr trial If one link w 'vc wantin,' in (he cii.iin ot evi.leiicp tic y fimnld not lay tiieir h.nids on his lile, and say that the life (io 1 had given tiim to spoil I ouc.irlh ».is I.k) long, Lut 23 THE MTSPECK TRAGEDY. I u^' it would bo their duty to acquit hira. IIo ar plac ^ Breen made a (ire in the lower house ; I was not in when he made it ; did not / il t.ic fire out, or cause Breen to put it out. My son was there. Breen went for Mclvenzie ; I guess I told him to go ; he was willing enough. I had no intention but to take his life, I wa-^ standing l)y' the fire, and had my axe ; heard them coming ; guess my son was in and out ; shoulil not wonder but he was in the house at the time ; I was in the bed-room ; ho miglit be in with me ; was not observing him particularly ; should not wonder but he might suspect I was about to nuu'der M(dven/,ie ; did not tell liim in i»articular. McKenzio aim Breen came down ; I walked out of the l)ed-room, and struck him in the breast ; was not in an up stairs room, but one on the same tier ; struck him with the poll of the axe ; that blow did not kill him e.\aclly ; struck him several other blows on the head and the breast, and wherever it waK haiidv. Breen wu.s standin,:^ by ; my soi THE MISPECK TRAGEDY. 29 migtit be in the room when I struck ]McKonzio ; he inipht be withhi two foct of mo ; saw him after McKciizio was killed ; riitlier think ho came in at that time. AVe did nut stay thoro long; ; 1 searched the pockets of McKenzie ; could not find the key ; think it fell out, and the boy found it. In about a quarter of an hour we threw the body into the cellar ; I could not tell how, but the boy first got hold of the key. Breen and I went up together to the house to kill what was in it, and rob th(; house ; 1 went in first to tho house ; Breen showed me the way, for I was never in before ; he gave nie an axe at the door ; he put it in my hand ; I did not take up the sami' axe. Tiiere was an axe near the door. There was a bright light ; 1 saw ^Irs. Mclvenzie sitting on a rocking chair, with a child in her arms ; when f wont in I did not speak, but just struck her oii the side of the head by tlie ear; think the tirst blow killed her ; she struggled in the agonies of death a good deal : think the child was killed in striking at the mother ; struck her as many as fifteen blows. The chililrcn cried a little ; they did not run away, but kept aI)out the mother ; I killed the whole of them. Breen was in and out. in and out. AVe searched the house, and got about XlOO in tlie safe, all in gold. Tliere was nf)t a dollar in pajK'r money. I ransacked the chest. There was some odd of ,£100 in gold ; it was in a purse ahogelher. Breen cimld not get aiiv- thing out without my seeing it. The purse produced (the long purse) was got there, but the nioiiev was not in it, nor in the portemoniiaie. but in the yellow cotton purse pro- duced. The way of the boj' was knocking about back and forward ; took him only to keep watch if any one was coming — nothing else. We took out sonic victuals, aiul luul something to eat. Jii'cen and I consideretl it was best to set lire to the housus, so that no one could tell what happened ; guess Breen and 1 set fire to both houses — the lower hou e lirst. The boy was about with us at the time, but it was iJreenandl in jtarticular who set tire. The boy would do nothing but as I would let him. AVe did not go awav until we were sure it would go. We then went homeward ; it is six or seven miles at least. My wife let me in. She might have some idea of what we were going for. but we did not tell her what we were going to do. .'^he would not ajjprove of it. We had some su]iper ; produced the money, and we counted the money. ^ly wife Wiis by ; diil not suy iihiinly what I hail duiiu ; said a.s inuoli as that wo put tiioui (hrout;h ; fihe did not want to know about it. When I ^avu her the money .-ho put it aside, away out of the hou.-^e entirely. Ke.\t day heard some of them say I'at had money. .Johnny told me lio had it. \\'hon I a.sked it of tiim, ho at first rather denied it ; thou;^ht ho mij,'ht Inivo i^ot it otf the table wiiou I was eounting it over ni,i;lit ; gave back the poiket book to the boy, and the sovcroif^na in it ; think Lreen ff)t only tliroo or four .sovereigns ; ho had no paper money ; ho got the purse I believe a day or two after. Uu wont to town on .Sunday afternoon. He bad the long stool purse. Breen eamo into town, and wo afterwards wont into the woocls. I lia\e three boys (the wretched man's lijis .seemed to ([uivor a little ;) the eldest is about fifteen or si.vtcen ; I think my youngest eliild has as much sense as ho has ; ho oouM do no more than take money and throw it about tho road. It is as muidi as a bargain that he knows the ditference of right or wrong on .some points, (u- knows the value of money. I am ratiior loo severe ; cruolly severe when 1 begin at him. He eouM not have known my mind when wo went to Molvonzie's. If he refused to go I wnulil have made liiui go ; wanted him to keep watoh ; ho knew that when 1 wanted him to u't remember wliat ; there were four ehiMreu round her ; there was a lire in tho lire- place ; Uroen and my son then catne in ; thoy could not do anything ; they wore not tit to do anytliing ; they were so through one another anil frightened ; one; w.as as bad as another ; I soiirehod the house myself — There was not much blood. Tlie boy looked at the cloek while I searched the iron chest. Tho key iitterl it. AVliilo we were going up, tiio conversaticoiilo, ho woiilil never have i;one with thciu. 1 asla'il liim why, when ho fuinil tiiey were doing .such acts, ho iliil not run away. Jlo seemed to t-ignify that his fatlier would nut ap- [inne iif that. lie said hi.s father sometimes flog;,'ed him vi'ry severely, lie seemed ((uite tho reverse from I'oing ,1 sharp, shrewd fellow lie is no idiot, but I lliiiik ho is none of the shrewdest. I don't think thero is iiiiy foolishness about him. Boys in the country are in general very ignorant and awkward. I duii't know whether tho laugh was put on. To tho .-Solicitor (Jeneral. — The boy is very ignorant, ami knows nothing of his soul. To .Air. Kerr.— Tho laugh shows an ignorant vacancy of mind. It seeius a halilt. FTJD.V Y. Mr. IvKiut addressed the Jury on behalf of the prisoner. He ask'"' them as men, as fathers, to uli'Mul to what ho, in discharge of the duty assigned him by the Court, had t(. bef ire them in behalf of this friend- less chilli, lie knew when undertaking this case th.at there were foui ifencx's — murder, arson, robliery, and the receiving of stolen goods; but the only charge on whieh the prisoner was now on liis trial wms for tiio murder of Robert McKenzie. Were tho first tho only count in tho~indictment, tlie pri.soner nmst be ae((uit- ted, as it charged tiiat IJreen killed McKenzie. To make the pri.-oner accountable it should appear tlial, as the indictment set out, that tho boy had acted with malicious albrethuuglit and ]irepense. One thhig was evidiMit from the whole evidence that the boy took m part in tho killing. The man liiecn, whom he would not desire to dispiirage, now at tho clo.=e of life, but who naturally felt hatred towards tho ."^lavins, who, ho thought, brought him into that po.sition, had stated that the boy tc)')k no piut in the murder : and tVoui lireen they had got but half tho evidence, for they saw that in a litile time the demons gleamed out from every feature of the unfortunate man. Tho evidence of (he father in the last testimony he should ever give until he appeared before liis Goil, was that tho boy took no part in the muriler. One thing may apjiear horriblo to them, that iit'ter these murders were perpetrated, the boy shuuld have .sought f>r f)od and have eaten. liut they shouhl remember what boys are ; how strong with them aro the cravings of Miiiietite, nnd that this boy hail had no dinner, and had walked nine miles. The learned Counsel dwelt with nuuh etfeit on tho extraordinary course followed in bringing up Breen as a witness for tho Crown. This law of evidence ap- peared to suit this case, and this man was allowed to niake an explanation of his own ease, but the ptmr boy at the biir had no privilege, but was led dumb to the slaughler. If he could spe.dv he wiaiM tell Ih in, as he had told .Air. Thomas, that he did not know what they went to do, and that when ho knew wh.it tb.ey done, ' ■ ' ■ " ■ ' ' ■ • • )0l- ion ait lUt no ^„ ... ,.._ .. ^ who so coolly detailed all the particulars of ih.it horrid massacre, coiiuuitted 'ly him, would train a. lioy liko this, ;uid he asserted that the bi)y following his father, was in fact liltle more than as a ilog. lie implored of tliem to try (his case by no cducateil standard. The law holds that an infant luider fourteen years is not account.ibii; for any crime, as it hoMs that ho is not C.M'.w Doi.i — capable of cunning malice ; but it was held thiit if cajiacity for crime were proved in an infant under fourteen ye.irs, he slauild be held acc ccnild give them, if he commanded thein to join him iu doing wrong. Would his children, would their cliildren rebel .' Was the charge of malice aforethought made out .' Was there m;itur(! .judgment and an unrcstr.iined will { Was thero on the boy's [lart any [ireviiais concert ? The evidence in this case would ever lio before them. Let them ask themselves whether they eould hereiiftcr fe(d satisfied in their consciences for sending this boy to execution (ai the evidence before them. The learned Counsel rel'erreil to tho case of the boy Carroll (lUi. gen 7) hanged for stealing, and the feelings resiieeting his e.xecuticMi that li.avo since juevailed in the eominunity. In that in-tance, as in this, the boy was known to be weak ot intellect With much power, and at groat hmgth, ho prayed the .lury to have mercy on this poor boy, and on his mother— about to bo a widow. It was theirs to feel and show mercy in this ease. "HZHZ Tho .\ltorney General said he hail beei. called on to prosecute almost every crime known to (ho law ; min- der, ai>oii. ra[io, and all the others, but the crime in thi.s case iiresenteil a, scene entirely unparalleled in tho annals of justiee, and he never entertained such feelings before. I'roiii the informatiiin laid before him, ho w;'s almost appalled, and he approached the case with the determination to do nil in his jiowcr that justico uiay bo done. Ho agreed with tho .Solicitor General that they should try this ease strictly according to law and the eviilence. Had the Counsel for the pri.siaier been entiiloyed to defend the richest nabob, they (/(aild not have displayed more zeal. He would say, never mind what may be said hereor el.-ewhere ; try this easo tiecording to the evidence. Ho observed that the Jury had intensely marked all the evideiu'e, and he was satisfied the easo was tried most im|iartially. Put the conduct of the boy in the hottest eruciide ; suliject it to tho most .-ievere tests, and if, in this va't br itblesH v ^lavir Sen. the exoilement that -fverally iibi if they hud iinytbing 'tt|>arat« >« in ad ;rMa laid, lUIHtaiRW iiMinj p«r Sentenca of Deat'i on Hugh Breer. iM The Court wns now densoly crowded in every part, and so iii. n a pin might be heard full. The Attorney Genornl having prayed judgment, the prisoners w to say why sentence of death should not bo piissod on t^om. Broen said nothing. Slavin only said—" I'm satisfied." The Judge then said — Hugh Broon and Patriclt Slavin, althougli you have pleaded .c;!iil( indictments, the evidence and your own stnteuionls show that your offence was one, uad w dressing you together. On your own solemn confession you stand convicted murderers. ( Ik " Yes, Sir.") You deliberately planned and perpetrated this murder under the most atrocious — that have filled everj' one with feelings of horror and nlnrm, so that, because of your con>l' rons are afrnid to pursue their usual avocations. You killed this man, his wife, and four little i lul iien or tb flake of possessing yoursel vo« of the means ho had acquired by his honest labor for the t^upport of his family ; and now you stand as u terror and warning to all evil-minded persons, who desire to take by force the pro> perty of their neighbors. I hardly know what to say to you under such circumsfanees. You yourselves seem to be sensible of the awful position in which you stand. I can only entreat you to o.«k mercy of jrour God who nlono cnn pardon you. You have time, though this was not granted to your wretched victims : make good use of that time : send for the minister of your religion ; address yourselves to your Lord in heartfelt earnest prayer, and may tie through the precious merits of his Son grant you pardon. It only remains now for me to pronounce the' awful sentence of the law for your diabolical crimcii. The Judge then (addressing each by name) pronounced the sentence of the law :— That you be taken hence to the place from whence you camu, and thence on Friday the 11th day of December, to the place of execution, and that there you be hanged by the nock until you are dead, and may the Lord have mercy on your souls. The prisoners were tiien remanded. They preserved the same firm demeanor they hud exhibited throu;;hout. Patrick Slavin, Jr., Found Gnilty. The Jury soon after oanie into Court and returned a verdict of guilty against Patrick Slavin, Jr., but with A recommendation to niorcy. The Court then adjourned. POSTSCRIPT. Sentence of Patrick Slavin, Jr. On Friday nt 2 o'clock, Patrick Slavin, Jr., having been brought into Court, and the Solicitor General having moved that sentence be passed, his Honor, Judge Parker, addressed the prisoner. He said :— Patrick Slavin, you stand in as dreadful a position as any nran can stand, and I ho])e you will therefore attend to what I now say to you. You wore charged with having aided your father and Hugh Breen in the murder of Robert McKcnzie, and after a most patient and attentive consideration of j'our case, after all that able counsel could do in your behalf, a most respectable and intelligent Jury have found yon guilty. There never was A verdict received with more approbation, for the evidence was such as to bring conviction to every man that you were guilty. The Jury taking into account your age, your want of education, the bad example of your father, and the fiict th.at you might have bee^ in some degree under coercion, and influ- enced by a droad of his severity, have recommended you to mercy. There can be no doubt that you knew what the intentions of your uocomplicos were. When Breen went up for McKenzie, when your father wait- ed in that dark room with the axe in his hand, and you wero with him, yuu must have known what his in- tentions were ; and wlion McKenzie fame to the house, and was struck down before ho could utter one prayer for mercy, what was your conduct 7 You did not interpose to save him ; you did not attempt to alarm him, or a^k that ho may be spared, nor did you, when the deed was done, fly in terror, or .show in any way that you had not oxpeeted it, bi' "ou hovered round and soarcliod the body for plunder. What was your conduct after? Keen for the work, to use the expression of Breen, you went with them to the other house and looked on while, with another axe, your father killed that poor woman, and then with a brutality unparalleled, struck down the little children. I do not know if there is reconled any ca.se so horrible, so brutal as this. Yet you looked on it all. When you returned to the hou.se again you heard the moans of the wretched victims, yet you as.sisted your father in searching the house for the plunder you nought. And what was your conduct after your return homo 7 While your father narrated to your motiier and your little brothers, the horrible deeds he had committed, you coolly enquired what part of the clothe.'* of the mur- dered man you could appropriate to your own use. All this fully proves ttiat if your oondut-i hiis not been as black and dark as that of the two principals in this crime, it has been black and dark 'enough, and leads to the question if at the ago of si.^cteen you were as capable of so great a crime, what will you be ten years hence, should your life be spared ; and were it not that the two others convicted of the same crime seem oven more guilty than you, it is probable that you would pay the extreme penalty of the law. But as the demand.s of justice would seem to be satLsfiod in thiji case by the death of the two greater criminals, I ha\ c not thought it inconsistent with my duty to recom- mend to Her Majesty's representative that the mercy prayorl for by the Jury be extended to you, and I can now give you hope that your life will bo spared ; but I can liold out no hope that you will again be let loose on the community, although it is not fur me to .say what you r penitence and years of good conduct may effect. The clemency of the country will always be granted to the deserving. The learned Judge then exhorted the prisoner to a sincere and heartfelt repentance and an earnest effort to amend. He hnd already, while in geiol, received some instructions— let him hearken to instruction and profit by it. The story he told Mr. Scoullar, and the cunning with whicli he strove to relieve his father and throw thu weight of guiilk on Broen, showed that he did not lack intelligence, nnd he would now get the opportunity of amending, if ho chose. While in the Penitentiary he would meet with many entering on the paths of crime. These he should warn of the evils of such a course, and ho should by his whole conduct and demeanor prove his sorrow for his crime, and his gratitude for the mercy shown him. The learned Judge then pronounced sentence, pro forma, that the prisoner be executed on the fourth of March next. The prisoner, who, during the whole time kept his arms folded and seemed perfectly unmoved, was then removed to gaol.