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TOROr^TO: fXAX AND TKAX8CRIFT OFFICE, 160, KING-STREET, TOROStr*. 184 3. I ! '' l| < IJ 4 Jnwo^frj.-'J^rt .<» :> '\ . 3^fc%t^^ NOV 14 1933 , i.- t ^'^ »■ VOLUNTARY COWFESSIOIV or GRACE MARKS TO Mr. GEORGE WALTON, XN TKS GAOS, ON THE 17TII NOVEMBER, 1843. Mr 00.110 Is GRAcn Marks, and I am Oic daugljter of J(A\n Murks, who lives in ihe Tuwnship of Toromo, he is a Sione-masoa by Trade j vvc came to tills country iVom the North of Ireland about three years ago; I have four sisters and four brother:?, one sister and one brotlier older \\na I am, I was 10 years old l:ist July. I lived servant during the three years 1 have been in Canada at various plaras: Aldernuui Dixon's, Mr. McManus's, Mr. Coates's, and Mr. Haraghy. In June last I went to live with Tiiomas Watson, Shoefnaker.on Lot-Street, Nancv Montgomery u=ed to visit there, find I was hired as a servant by her for Mr. Kinncar, at -$3 per month, and I went there the beginning ot July last, and saw at the house Mr. Kinncar, Nancy Montgomery, and McDermotl,— McDarmott hadbeen, I understood, about a week at il»c house, every tl.ing went on very quietly for a fortnight, except the housekeeper several limes scolding M<:Dermott for not doing his work properly, and she gave him a fortnight's warning, that when hi-^ month was up he was to leave, and she would pay him his wages ? he often after this told me he was glad he was goi!7g,as he did not wish any longer to live with a parcel of w s, but would have satisfaction before he went, and he told me he was positive that Kinnear and the housekeeper, \ancy, slept together; I was determined to fini it out, and I was afterwards i^unvinced that ihcy did do so, for her bed was never slept in except when Mr. Kinncar was absent, and then 1 slept wiiii her. About a week after this, McDermott toKl me if t would keep it a secret he would tell me what he was going to do with Kinncar and Naticy : I promised I would keep the secret, and then he said Mr. Kinnear was going to the city in a day or two, and would, no doubt, bring plenty of money with him,— he would kill Nancy before Kinnear came home, would shoot Kinnear when he came home, and would take all the money and all the valuable things he eould.and would go over to ihu United States. Mr. Kinncar left Ua' the citv on Thursday afternoon, the 2Vlh July, about 3 o*clock, on horseback. McDjrmott, after Mr. Kinncar was gene* I / ; f was a cood job he wa« gone, he wouU kill Nancy ihal night } to knocK ner on uie nuau „»,.....« .."- Kinncar with ihe double-barrelled gun. I slept with Nancy Mcnt^omcry that niahl. and on Friday morning after br. aSt she lc4a mc to tell iMcDermoit tliai his time was up thai after. noon si e had U n^ncv to pnv him his wages, I tuld him so. and he sa.d, ?c7n ncy Ishail goon Saturday morning; ^vhich I did He saui damn he is lha\ what she is at, I'll kill her before the morn.nj, and he sj^hGi^acc. W I help me as you promised, won^ you. 1 said yes I wouUK Dmmg ihc even nTjamesVVal"h came in. and brought his flute with h.m. Nancy satd. ve S/t aTwell have some tun. as Mr.^Kinnear was away, ^a»cy s^'^ o McDermolf. you have ofie» bragged about your ^«»-'"fc'; «7° 'f " hive a dan^e he was very sulky all the evening, and said he would nol d'nce About ten o'clock we went to bed, I ^lej>t with Naney that n.gh befoTe we went tobed McDermalt said to mo that he vvas clelermu.ed to Kd her haMu^ht, with the axe, when in bed. 1 entreated h.m no o do so thai Ih?'; le m -h hit me instead of her. He said, damn her ; I'll kdl her, then. I I h-st lin^. in he mornin.n I got up early en the Saturday '"o.nmg.and Lri went into the kitcircn McDermott was cleaning the shoes, the firc l.^ lia ued he asked me whe.e was Nancy. 1 said .he was dressing and 1 was ligntea, ne abKtu mornin^. He said he would. 1 said, ' .Wl? TTa d to McDermolt, I did not think you was gouig to do it that night} > assist i Khoot ig after I aficr- be said, J damn .Grace, ling ihc cy said, )cy said c Icl us )uld nol A night ; id to kill 3 so thai »er, then, fling, and il»e fire ig, and 1 1 said, J floor all with the her sonfiC the back %and sh« t and her , and on he yard )ut seven doit that promised the cellar* id said he lerchief, I ave hinn a down the an't come — he came you do, your life is not worth a f Iraw. I said, I could not help you to lull a woman/but as I have promised yoUe I will assist you to kill Kmnear. McDermoU then had some breakfast ; I could not eat any thing, I felt so shocked ^ he the j saiJ, now Mr. Kinncar will soon be home, and as there is no powder in the house, Tl! go over to IIarv«y'8, who lives opposite, and get some ; he soon came back, he toik one bullet from his pocket, and cut another from a piece of lead he fov nd in the fiouso. Mr. Kinnear came home about 11 o'clock in his one horse wnjrgoo. McDermott took charge of the horse and wa^rcTon as osuul. and I took tl»c parcels out I asked Mr. Kinnear if he would have any thing to cat. he said he would, was there any fresh incai in the house, had 'Jefferson, the butcher, been there. I told luni no; he SLid that was curious ; ha then said he would have some tea and toast Sittd eggs, which I provided fov him. Mr. Kinncar went into the dining- room, sat down en iJio sofa, and began rra«iing a book l»e had brou,^ht with him ; wher? I wont into ih<; hitchcn, McDermott was there, he said, I think r:i go and kdl kirn now. 1 s.iid, good gracious I^IcDcrmott, it is too soon, wait *lil it is dark ; lie saui, he was afraid to delay it, as if tiie new man was to come, he would have no chance to kill him. When Mr. Kinnear first arrived home, he asked me, where is Nancy 1 I told him, she was gone lo town in i\u stajjc ; he said that was strange, he had passed the stage on the road and did'not sec her in it; he did not mention Nancy's name afterwards to mo. After Mr. Kinnear had his dinner, he went to bed with his clothes on, a think, and towards evenin«T he got Up and went into the yard, and about the premises. When Mr. Kinncar was in bed, McDermott said, I'll go in now and kill him. if you'll assist me. I said, of course, Mc- Dermott,! will, as I have promised'yoii. He then said, I'll wait till night. When Mr. Kinnear was in the yard, McDermott always kept near to me ; I said to him, why McDermott [f you follow me about so Mr. Kinnear will think something; he said, how can he imagine any thing except you'll tell him ; ! said, I should not tell him any tiling. .Mr. Kinncar had his tea about 7 o'clock. I went into his room to take the things away, and coming into the front kitchen with them, McDermott said, I am going 'to kill him now, how am f to get him out. you go and tell him I want him. 1 said, I wont go and call liim ; 1 then took the tea things into the back kitchen, (the back kitchen is til the yard adjoinuig the end of the house.) as I was putting the tea tray down, I heard the icp.>rlof a gun. I ran into the kitchen and saw Mr. Kinnear lying dead on the iloor, and McDermott standing over him ; the double-barrelled gun was on the floor : when I saw this, I attempted to run out ; he said, damn you, come back and open the trap door ; I said, I won't, he said you shall ; after liaving promised to assist me ; knowing that I had promised, i then opened the trap-door, and McDermott threw the body down. I was so frightened that I ran out of the front door into the lawn, went round into the back kitchen, and as I was standing at the door, Mc- Dermott came out of the front kitchen door inio the yard and fired at me ; t « au (!• U„ ball did not l.Um., but 1.dgo,« n U« pm "V' /;"■,» ky wT,c„ I recovered, McDe.molt vva, c o.e to n... s^^^. ^^'- J-j^^J -,W„ that; he said, be did "«'■"<="" '"^178 CvWkr«nd ite boy.J«in« was nothing in the gua i th.s «a» «"'«" , « ",X,L'„ "",„ acros. the yard Walsh, caSe into the yard, M«l>"'^-" f ' "f ^ ,S into U.« p-iltry without his coat on, bavmg the S™ '" ' '',^'rj,Jt " hcwouU Icll ihcm yard; ho ^»i'V^»"y ""'''"'^"l^^tuo .„ a^^^ Mclh-nnolt he bad been shooting b.rds i I went °"' *" '."^h= bov said, wbero is Nancy t seeing mo talking W h.m. camo up to M» ; Iho "?> ,"^- ,„,a ,,;„ Mr. I said, she is gone W Wnghf. »»'"» .^"'tA^heird beon doing wUh Kinncar was not home ;. the boy asked hnr, »h»l «= j^« ,i„f .^^ the gun i ho said, shooting some birds »"«''""»''', »„f ^^,^ „„„ across boyiid, ho would go hoinc, »nd *^^f ,X,1V Xr be cVrnc bA, if the the lawn with him: ami »•<=!'« f»'"'' ",7„'2''' "V^ awav with him. He boy had gon«i»'° *V'T,1n'rrr"Kinnear."h I »h^^^^ 1 refused to call then told mo liow be ht«d k I ed ,f'/;*^ """"•,;,„. ,„ ,hc back kitchen, lie him out, an I when I was taking the «ea-tl.> g' »«!>|?f„„,„ ,,;, „ow .r.ddle went to the door of the dining room »nd .old Wr. ^^™ „„„. Mr. was scratched and would he con c ""f '°°\ f , •' '" ,"d '„l,ich be bad bcea Kinnear rose from the sofa with a ''~'' '" "l,^™ ' . "nm, (the barncs.- eading, and followed MeOermotl towards the h»ne^^^^^^ .„,^ „,^ room is a small room at one =»"<:'■«' f^.,«''^S durirc the day.cam* o«l harncss-room, took uplhe gun «''''^''''^^''',,°ltehen:b«toWmeheputtl«. and fired at Mr Kinnear as he ^^ "^''"vf-l' to common ecu packing «p »« muzzle of the gun very near his breast. J- - J'^^' ^™!^^„ ;„»„ ,h'e cellar t Mr. the valuable things wc could find ! «c bolh vvcni ao ^_^^^^^ jj Kinnear was lying on his back in iho «'"=•«'- "•A'^^" „otl,ing was said Uelott tooic theieys »nd ^»"'%'":\'l''ZtXM ccHar.'and about about Nancy ; I did not sec her, bu 1 1"^"* ^^^"^o boxes in ibc «ag«« 11 o'clock. McDcrmolt Inrnesscd the ho.se , »« P^' , ,„ ^^,^ gtatcs and he and then started off for Toron U. , ''« 'f '"« """^^ f, Tof„„t„, ai the City would marry me 1 consented to go wc "^^'""^ » ^^, ,h„,„ , 1 unlocked Hotel, about 5 o'clock j awoke the P^"!'''; • „ tnrwe left bv the boat M 8 Nancy's box and put some of her >''''f,%°»; ?"V*^en to'lhe taverns in o'clock, and arrived at Le«iston. abou3' clock, wy ^^^^ the evening we had supper at the P."'';^;"^;™''^;! I told McDermoU 1 .nd McDermott in another, "^^ ' " ' «";^'„, ". farther; he said he would would stop »^L7.'^'°"'7lj'^,^,ocl in tie morning. MnKingsm.ll. make me go with him, and about j o cloc* m ^^ Toronto, the High Cailiflr, came and arrested us, and uroufeni '♦.^.* T nnd 11 tl) ihore tttnet vard >uUry thorn nnott mcyt ri Mr. r with c, the across if the ,. He to call »cn, he saddle . Mr. id been into the aiT7C out I put tiie g «P a** »r; Mr. e; Mc- iArn» said [id about e wagon s and he the City unlocked ^oal at S vorn? in one room Icrmott X he would Cingsnriill, ironto. We certify thai the above Confesshn was reed over to Grace Mavlis in the Gaol of the Home District, about Eight o*Clock, on the nigf4 tf Saturday the JSth of November, just previous to her removal to the Peniun- tiart/t and she acknowledged shehad given it voluntary^ and that it teas true. (Signed) JOHN KIDD, Gaoler, JOHN TBOS. TAYLOn. I • fiwm fr-'m^m$f^^K^'>!'» '■'- ^3W >^^ 3 ?f. ■■ I ii ] TRIAL OF JAMES McDERMOTT. ,W»,AJ>.I.II»I>M»II I i»i..m*' "■"■*' At an €u)r hour w Friday mornrsg. the 8rd Nofember. the Cowl HouM wM occupied by a« iiBmen«e crowd, .nxion. to witness th« ^^"/'"^V^.llSl^ cfar^ c xti eme atrocity. t»d fucli as never before etalned the recordi of the Juatlciy ConrW oi' this Colony. nctvvGcn 11 and 12 o'clock the Prisoner, were brought into Court. Jamee McDer- ,„oU i. a «lim made man, apparently about one or »««-»»^-;«^««^'; y*'^" l^f^'^'^^^J the middle heigl^t. with latl.cr a 6V.arihy co.nplex.on. and a sullen, «»!>«'°'^"»; »" J orbiidinc. coun^eaance ; h« did not seem in the least degree dismayed dunng the whole ^rol^^^^^^^ remlle Vmoner is rather good.locking than oU.erwise. she appear. totally uneducated, and her countenance is devoid of expression. iTpon being arraigned, tl»ey borb pleaded "Nof cvaxT." ^ Jhe Ccnnsel f^^^^^^^ PriBoners. Kennexu McKen.ir. Esq.. made semt remarks on the d.fTorcnt Coun • in !ho iSmenund demanded that they should be tried separately. wh.ch was granted. Jaine, McDermotl was U.en put upatt hit Trial, and the follcwing Jury en:?anneHed :- Robert H. Smith. Thomae Raper. John J. Botsford, Alexander McKinley, Anson Baker, William Simpson, /oseph Miller, Jeremiah Grahams Judah Lundy, Jesse Doane, Levi Parsons. Judah Doane. 1„ the «ut8e of the rMdins of the I»Jicl.neiH, 600» alatm k« creaw4 •'?.««?«« tl, t Le iloor of Iho Court Room wm i'i.inj «y. An tem.iialo tu.:, m, maa= for *a j or TtaLu,w=«™„. h.>vcv«: ascertained to be groundles,, .nJ, '"""-"^J. „=rio>. injury «as »usuined », n.igUt luvc teen expocteu »mo.s .0 -J^/ » ""^• Darin" the wl>ole 0/ thi, coatoio... McDermo.t wa. perreellj u...nove4 and collected. Mk° m ASE, acting Qneen'. Counsel, opened the ease. eetting toll, the «-ldcnce ho Lad ,0 troduc" Ho first call.d ^a.v,« .V.».:..»-Wit«e.» was acquainted .v,tl, ti,e deceased i he a.t .ue he Ba* hi™ alive wac on Saturday, the 39tU Ju.jr last about II o'clock in o o noon, within two mile of bi. own house, on hiewayjroa town; went to b>. in xt m rnin» : could ,co no oue , thought deceased ,va, in bed • ^alked round ruonse and in the garden , went to the kitchen door ; could see none of the servant, ; ^e, Z dt the font door. »nl knocked, no one answered He then wen to M. Wa Xaboul . quarter of. mile distant, and inquired it any of h.s family had seen the m \^^^ 1 iMwai caM of Conrta ^IcDer- ^ about i»U and e wholo app«ar« for the auntift in ratiteil' cMed :— a report ie for ihQ •tunately* a crowd, llected. ICC he haii leceaseil; o'clock in >nt to bts ked round servants ; snt to Mr. (1 seen tho ed witnes* to go Into deceased's bed-roooi; the bed had no» been slept .n ; saw a book on tho bed-tho book was shut v went h.-to twu or three other roonio. Witness went first to deceased's house on Sunday morning, In :o.i8oqucnca of having arranged to meet deceased there the previous night, .uld he return in imn from Vf.omh.h. which was not the case ; went over again to Walsh'e ; did not tee hiui then, but met him on his return to hi» own house ; expressed hia surprise at not being able to hn'' any one at Mr. Kinnear's ; both returned to dc .sed't, and again searched tho house and Hab'e. but to no purpose; left Walsh in ke.p watch, wnile witness went tr Silas Writrhfs to try to find Nancv Montgomery, tho housekeeper, who was in the luouof visitrn- there ; then went over to Mr. Uoyd's.to inform him of the mystor.oi- • .rppear- anco of Mr. Kinnear; returned in company with Mr. Boyd, and again renewed the search J descended through the trap door into the cellar, and ihere discovered the oody of Mr, Kinnear; examined tho body and found a wound i4 the left Ircasi ; had all his dress or. crccpt his boots ; the trousers were those worn by the deceased when he saw b( ; k-.iew that Mr. Bincrliam had furnished some hay, and that deceased and he had disagreed ; knows I at Ward : he went away two months before the murder ; he and Nancy were very intimate , .he wanted him back; she qu.rrcllcd with every one to get Ward back; .aw A ard about the house two Sundays before the murder ; kne'V that Nancy got clothing fvom deceased, and sold it to the servants. Francis Bovd, E^a-Rcmembercd Mr. Newton calling upon him on Sunday afternoon i went with him to Mr. Kinnear's: found the rooms all .;>.svas some blood on deceased s shirt. Re.cxamined-lU. known the deceased about seven years ; was not on vi^;^i"g terms ' was in the house on the Thur.sday before his u.aMi ; was present when Nancy Mant. gomery was found in the cellar, outside the dairy, concealed beneath a tub. David Brid-reford-S^ld he was one of the Coroners for the Home District, and wa. «en WIr. Boyd, on Sunday, to hold an I.qnes^ on the body of Mr. Kninear ; m Zs^^Z for some years, and has often been at his house ; has no particu ar knowledge i^ servants; has seen the woman called Nancy Montgomery at te deceased, house- she was his housekeeper; does not know the prison^ at the Bar. ^^ hen e aTi ed a he house, he was tola that the body of Mr. Kanear wa. in the cellar ; he nt down and found the body of Mr. Kinnear in the wine cellar ; there was no in k of p wd r on his clothe. ; saw the ball on the shoulder-blade, protruding out througn the lulder blade ; saw the body opened ; the ball passed through the heart ; saw a ittle "t^e ce lar floor ; considerable blood spattered on the wal but none on t e steps ; the bal I ad opened the skin of the back, and the Uood oozed through his clothes ; h« i„v»„,orT of ll,e property. Oa th. seconJ a.y. fou»a . .1"« -«l"'"i *« ^'- r''^\^"; WooJy, marked "ll C"; found a look on the >•"?• 'I"' "/^J^:" ""n.^J' mI- w,. iL presented by witues.. covered wilt. Wood.) Fe»»d ««>! ^^i' «' "^^^^ ll" e corner,, .he l.oe.ekeeper, do„Med „, under a .uS ":^^:-^^^^X^!:,,^. 7' t-ned upside .>w. and . . ^— ^f '^^f:;, ^f °S,, ,,„ /.aC.y m» U.e of decomposition ; Mr. Kinnear d ouuy >vus uu*. t ^ ..,«,o ^,,,1 .lim'v pun prcdliced ; the pistol, uore found iu the h:u-noss.room-.ti..v were -- ^ -^ ^f; and had nut been used ; examined tlie gun. it had been used recently. When .^anc >J : ; 'roVe::ed, founi that she was pregnant. The partition ^-;"|f ^,j-f ^^^^ the two bod e., and they were about two feet apart. Mr K.nnear ^f ^/jf^" ^^^ ;;. The mouM. of the pistol is larger than that of the gun. The ball entered Mr Kinnear . b^ j; rmtle abo?e the left pa^ and passed through the body, as before .nent.onea. J.hn U'i'A-.WSaw Mr. Kinnear's wound, the blood on hi« breasN and a litile blood on top.sy.turvv ; plate and wearin. apparel gone, and every thing m disorder, Jomlhan Jefferson. Buic/.er-~Called at Mr. Kinnear'« on Saturday morning, to lea-. meTt as usual Mr. Kinnear or the housekeeper used uhvay. to give witness orders . O U;iroIsion. Grace Marks came to him. at the kitchen door. She never used to g. e orders. She told liim she did not want any meat for this week. Witness asked fo Mr KLar. She told him he was in town. Aske.1. also, for the '--^-l-- J^;^^^ did not know where she was ; but. no matter, they wanted no meat. They always took meat on Saturday, heretofore. Jame^ Wahh^Mo lived with his father in a cottage on Mr. Kinncar's farm, and was in the habit of going to Mr. Kinnear's house j he used to go of .rrands for h.m ; ^vaB at Mr. Kinnear's on Friday, from three o'clock, tUl half-past ten at mght, Playmg 1- hfe. at the request of the housekeeper. Mr. Kinnear. he understood, was gone to the city. N^ly and he wanted the prisoner and Grace Marks to dance ; heard some noise, and irprisone- went cut to see what it was ; thi. was at about halt-past eight o dock , p^i^; ;^d ^: ... unwell. and would not fun as usual ; at abm.t ^-'^P-^ ten, ^^ncy took a candle to go to bed; prisoner signed to witness to go out with him. and talked no ly home with witnes-s and seemed anxious for him to go home ; witness went back to M. kinnear's on Saturday evening at eight o'clock, went in by .he ^^^^ the vard, saw McDermott running across the yard to the poultry.house, ^v'th som th ng white in his hand, it looked like a cloth or rag. but is not sure ; he came back to the leU where witnesis had just come, he asked him if Mr. Kinnear had come home, he said -of saw prisoner had a gun in his hand,donble-barrelled,it is the same produced ; prisoner «aid Nan V gave it him. and that he got the po« der from Harvey', woman ; witness asked "out the nolo of a chain rattling in the stable, with which Mr. Kinnear's horse wa. MM* ft m- usually tiea. pti.onef said it wa. the coh not pleated at the horee Uin^ aw»7i '^i^wii knew thpl the coll was never tied with the chain, nnd thought it strange ; prisoner .aid bo had just firea it some bircl«. but onty blinded them ; he put his finger int^ one of tha barrels and look it out dirty ; witness took the gun in his h^nd, he snapped it, and the cap fell into hie hands : prisoner said witness had broke the gun. he thought so, but found that it was not bo ; this was Mr. Kinnear's gun, and he had never seen prisoner with il b-forc ; witness asked the prisoner if he was going to leave Mr. Kinnear, he replied yes, if they paid him. but he was to late to go by the coach ; the gun produced .s the same as prisoner had ; saw prisoner when undergoing examination before the magistrate?, he had Mr Kinnear's shoes on, and the hat he wore belonged to Nancy Montgomery; witness identified several articles produced, and found with the prisoner as the property of Mr. Kinnear. This witness was cross-CJcamincd at great length, but nothing was elicited to shake bis general testimony, Hannah Uptm-^Uves with Harvey, opposite Mr. Kinnear's— prisoner came to borrow powder, at ten o'clock on Saturday morning, the 29th July ; he asked for John, said that Mr. Kinnear sent him over to know if he could let him have a little powder to kill somo birds~-he took about two pipes full of powder with him ; witness told hun he must bco Johii before he could get it, but he insisted on it, and took it himself. Anthony Mc/«?yrc— Is hostlei' at the City Hotel, Toronto— a man and woman came :n a li^ht wagcron before six o'clock on Sunday morning ; thinks prisoner was the man ; xvitness took out and fed the horse ; they got breakfast and left for the Steamboat before eicrht o'clock ; they hau '.arge chest in tha waggon ; cannot say as to a leather trunk ; thinks it was the prisoner ; he had a hat like that produced, and a light dress on gomg away. George KingsmilU High BailifTof the City of Toronto, said that on the arrival of the expr^-s with tidings of the murder ho proceeded to Niag'ara, from thence to l^wiston, arrived there about 5 o'clock on Monday morning, was shown where a man and woman answering the description he gave lodged; discovered Grace dressing, and the prisoner asleep in an adjoining room, searched the pockets of a coat lyin;j in a chair by the bed- tldo, and found the keys, snuiT-box, and other articles produced in court ; gave Grace in charcre to one of the crew of the steamer, and then awoke McDer.nott, telling him x( he had" paid the duty on the horse and waggon, he could have proceeded and saved himself this difficulty, the prisoner replied that he had not the money to do so, but he would sell the horse, pav, and proceed. The High Bailiff was in plain clolh'^sH"st at this moment H- party who had Grace in charge, called from the foot of the stairs for iome directions ; the moment the prisoner heard KingsmiU's name mentioned, although not a word had been said about the suspicion of murder beir.jr attached to him, immediately became very much agitated and said Iknow all about it, is there anyrexcard offered for Nancy 1 if you find her you will know the whole secret, you may thank her for it all. The prisoner said all the property then in his poascssion, horse, waggon, port- manteau full of clothes, carpet bag, with Iho plate, gold snuff bo,, and other articlefc 13 idecUlica lulW a« belonging to Mr. Kinncar. -«fe kit ; iaw the pritoner in the gaol, %«heii he »8led witnes. for some of the .hitti that wore in the portmanteau, he said tber« wer« two in it, marked " H. C." that he had purchased three with that mark. Alderman Dixon testified that he eealcd the portmanteau and carpet bag brought with the prisoner from Leewi.ton, after his cxrminrtion in ihe City Hall, and found the same •eals on them wiien brought now into court, **w the prisoner stripped and found a slnr. oa him marked •♦ Thomas Kinnear.'* Mr, Alderman Gurnett^Vni in the prisoner', statement^ which r,M in cubptance that be knew nothing of Mr. Kinnear's death, and that a» Mr. Kin.»car owed h.m. he had taken away the things to pay himsalf. All these witnesses underwent a searching and iccrching cro«i.exanination, but nothing was elicited that in the least would cause a cuspicioo of the truth ot ih^.r direct t*Biimony. Kmketh McKenzie Esq., Kingston, the prisoner's counsel, addressed the jury in a Twwerful and eloquent speech and although he evidently had no foundation to ground the slightest defence, he made the most of the bck of the only circumstance to prove his guilt without a shadow of doubt, the proof by eye witness of the actual coramiseion of the murder. Mb Blase wou'd not unnecessarily occupy the time of the jury-trusted he had proved all he had proposed at the opening of the case, and left it in their hands, with the hope that they would be guided by strict and impariial justice m the verdict they should pronounce. This fearful and dreadful trial, having now definitely closed, his Lordship the Chief Justice, then addressed the Jury-pointed out to them, ia the most clear and distinct maunrr, the dilTerent facts of the case-drew their attention back to the evidence given, that bore directly on it; and then, to impress it more fully on their minds, read the Whole very volumino'.s evidence, that they might retire with the fullest impressions of the facts they were to decide upon. The Jury being absent about ten mmutes, returned with a verdict of GUILTY ! His Lordship addressed the prisoner, pointed out the helnousness of the crime he had been found guilty of by an impartial j- v, after a patient and deliberate hearmg. and pronounced the awful sentence of death, lo take effect on the 21st Instant It was now half-past one o'clock on Saturday morning, and during this long *ni exciting day the prisoner, although standing in the dock the whole time, never evinced he slightest emotion, either of fear or anxiety, hope or despair, to much apathy w *ould not have believed it possible for a buraaa being to display. /J 1 ' :i -i THE TRIAL OF GRACE MARKS. complain of her. H»« deience eei mj' * ^ j ^^„ and that it l.»J th= »pp»ara..« of ''"'"^ ''°°" ^ '^ .J, ,,„„a t, ,|« pri.oMt LTaf rtu; .;™ " of ui .«n „ad ..„ r... , .he .aU .. .ou">. » .ho 0., tk„ H'ii/.i. understooa .he prisoner .0 he ^^^-'''^^^^r^^aS ;//!««.* McDe™o..U haa .on «>e Sal^^^ a^^^^ vf'dgh.',. He a^hcd her .»-.■ .he had gone j come home, and Uiai i\anc> ^>rt^ =. j^ ^ ^nj .,e said. « '---^,^,'„:-::,: fit i::i,::i:^:r„-!:sLw co„m .he, .a.. rode over together. \\ Jtness was suu^ > dressed than ueual, t,Z:'m^^ mZ ^^ .h= ho.;, tut .en. ho^e and .eft .he™ .o,e.he, Gviixr, hut recommenacJ .he "" "PP' ' '™f '" „J„t,j ^^ „,e tame tune » p,on„unced ^^^^ 't^/^^^l^^^^ t^eLtiS^^^^^ recovered, ..« ^ZL UU ::, ::!:<.; ^or her pa,ao„. .ut «»id forward. .. ...e propo. -t.- ritie. the r«coaimen4atk).i of mercy by the jury. T 11 K* ns«i.rved that the iwdictmenta were for ihs murder of Mr. Kinncaf only; Z:^ l:::::fo'S^^y U^omery. tne WUce^r. not Uving been goa. o. with-they of fo«we, being now unnecessary. I Sexton her lire* her own d in the 1(1 tliere, I. Thia prisoner [n>tt had he door, the baJ'i s Wahii cy Mont- le gun in ;, had not ad gone ; jorse and Lhey lake lan uBualt )ined Mc- Dgethcrt eseed by ef JuBtice verdict of Jeath wae e time at red. The ^er tutho- ncatonlf; En goa« on VOLUNTARY CONFIiSSK N OF JAMES McDERMOTT, TO Mr. GEORGE W'ALTON. IN THE GAOL OF THE HOME DISTRICT. AT FOUB oVlOCK OX MONDAY, T1IE TWENTIETH OF HOVEMBER, 1813. I am twenty years and four montha old, and was born in Ireland, and am a Catholic. I have been eix years in Canada, and wa?, previous to 1840, waiter on board the steamers plyir.g between Quebec and Montreal. I enlisted into the let i'rovincial Regiment of the Province of Lower Canada, in the year 1810. Colonel Dyer was the Colonel ; the Regiment was disbanded in 1842 ; and I then enlisted as a private in the Glengarry Light Infantry Company, and we '.verc stationed at Coteau dl ac ; the Company con- itsted of seventy.five men. I did not serve as a private in the Regiment, but was •ervant with the Captain Alexander Macdwilu ; the Company was disbanded Ist May this year. I had been in the Company just twelve months; after being discharged, I carae up to Toronto seeking employ ; I Ii"ed in the City for eome time at various places, upon the money I had saved during the time I was in the Regiment, and I then determined to go into the country ; I thought I would go in the directiou of Newmarket; ! set out about the latter end of June, and on my way I was infonned Mr. Kinnear wanted a servant ; I went to the house and saw the housekeeper, Nancr Montgomery ; •he hired me subject to the approval of Mr. Kinnear, when he ehouH return home ; Mr. Kinnear, whei? he came homo, approved of what the housekeeper had done ai to hiring ine. Grace Marks was hired as a servant a week afterwards. She and the Housekeeper used often to quarrel, and she told mc she was delerminsd If I would assist he-r, she would poison both the tlousekeeper and Mr. Kinnear by mixing poison with tlie porridge, I told ner I would not consent to any thing of the kind. The Housekeeper Nancy, after I had been at the house a short time wi« overbearing towards me, and I told Mr. Kinnear I was ready and willing to do any rork, and did not like that Nancy should scold me so often, he said she was the mistreBB of the house. I then told him I would not etop with them longer than tho month. Grace Marks told me a few daya before Mr. Kinnear went to town, that the Housekeeper had given her warning to leave and she told mc, now McDermott, I am not going to leave in this way; . let us poison Mr. Kinnear and Nancy, I know how to do it; I'll put some poison in the iwrridge, by that means we can get rid of them ; we can then plunder the house, pack the silver plate and other valuables in some boxes, and go over to the States. I said no Grace, I will not do so, Wlien Mr. Kinnear went to the city on Thursday, she commenced packing up some of the things, and told me I was a coward for not assisting her ; she said ehe had been warned to toave, and she supposed she phould not get her wages, and she wa« determined to pay herself after Mr. Kinnear was gone to the city; she said now [ i) 1 11 h { \ 16 wa. the time to kiU the housekeeper, and Mr Kinne.r -^^ll^'^^ZT^^^^^^ !he aB8.Bt you, and you are a coward if you don t do .t ^7^^^ d1 a^^^^^^^^^ me. wished, and she said I should never have an hour « luck .f d d no do ^ '^^^ ^^ 1 will not say ho. Mr. Kinnear and Nancy Mon.on.ery -« ^'"^ ^^^'j^/^ ,i,„,g,. lave i^ U, if I had not been urged to do so by G^-^, ^,f ;. ,f ^J^ .^e afterwa'ds raery was put in the cellar. Grace several t:me« ^f f «^;'^;J^,"^;7,ro should take told me she had taken he, purse from her pocket and ^j'^/f^J^^^;^ ^.j,,, things herear.ringsoff; Iporsuadedhernottodora. J '^^ f ^^^. ^^^^^^^^^^ Grace Mark/is belonging to Mr. Kinnear ^^^^ !^\;:''Z2r Z wa^th'te ne from beginning wrong in stating she hai no hand in the murder , she was lue luea to end. Tuesday, 2l8t XowmJcr, 1843. At an «rl, hour .hi. morninf. an !n,n«..e "-'-';' /"^^^J^^^J'^rbell ,he Ga»l. i» .he City of Toron.o. >o;i--he "ecu ,o„ o .^e McDer:n ^^^^^^ J oxpocted Uu. the cxoculion wouU take P'^« »' ' :™ ;.^,„^k ;„ the mormng, arranged it should „o. .aUe P'- uut. weWe o . U AU^- -^^^ ,„^,,„ .„ ,,,. the prisoner .aid his confession <>' y^^^'f^ ^^^. '. .„., tgi„„ knocked down, that when the housekeeper wa. thrown down the " 'f ' .f " '^ "f„,„,h v^-, her i Cmc. Af«rt, followed him into .he cellar, and brough. a P'«« "' J^ ^ "^^^^^ ^-^^ ,h, he held the housekcep=r-. hands, .he being then »-„-" =• -^ ''^^ .0 .ay. A few cloth tight round her neck and .trangled her : te h.d notlin^ n o e , minuted before twelve o'clock, ho was brought ="''»;»* f J .^ ,,„ „,,,„>, ; he ioned. Mr. Hay, the Catholic clergyman P-jf/^ * ^''^^J^j ^'^ ^i^^ed to .ay any appeared perfectly calm and penitent. The SherifT asked mm 1 ^^ ^^^ thing, he replied, he had nothing funlier '° -)-•»" ""rnThrknelt down, and r rorjr trz^::^:^'^^^^^ -. a. .he .d, diseected. > I 1 ■A *- "t**^; . • .itiwMW-*,.^b ■#& ^^^m J -•s- JK^-^^3s^~ m .#*