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 ISAAC JONES AND JAMES JONES, 
 
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THE TRIAL, dec. 
 
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 COURT OP KING'S BENCH. 
 FEBRUARY AND MARCH TERM, 1835. 
 
 MoNTftKAt.. Saturday, Feb. 38, 189S. 
 
 PraMfit— The Hon. Chief Jtutiee, Mr. Justice Pvkb, Mr. Justice Rolunv. 
 
 Tlie Grand Jury oame into Court, and presented the following Bill of In. 
 diotUMnt :— 
 
 The Kinf m. Isaao Jones, James Jonee, William Jones, Medard CiMeau, 
 Laurent Dumas, Charles Demarais, Joseph A Hard, Louis Allard, Peter 
 M*Nie, Dunean M'Nie, Peter Baley, Luther Sawtel, Patrick M'Donorb, and 
 Francis Bradley, for murder. 
 
 / At His Majesty's Court of King^ Bench 
 S for the District of Montreal, begun, and hold. 
 
 FkoviMca op Lower Canada, 
 
 DiSTaiOT of MoNTaCAL. 
 
 en at the Court.House, in the City of Montreal, for the coffiiiaanoe of all 
 crimes and criminal offbnces, on Tuesdinr, the twenty .fourth day of Febra. 
 ary, in the Fifth Year of the Reign of our Sovereign Lord William the 
 Fourth, by the Grace of God. of the United Kingdom of Great Britain and 
 Ireland, King, Defender of the Faith, before the Honourable Jahis Rbid, 
 Esquire, Chief Justice of His Majesty's said Court of King's Bench, and 
 the Honourable George Fvke, Jean Roch Rolland, and Samuel GatJi, 
 Esquires, Justices of the same Court. 
 
 Montreal, To wit,— 
 
 The Jurors for our Lord the King, upon their oath, present that Isaac 
 Jones, late of the Parish of Saint Pierre de Saurel, in the County of Rich*, 
 lien, in the District of Montreal, yeoman ; James Jones, late of the same Par. 
 ish, ypoman ; William Jones, late of the same Parish, yeoman ; Medard Cre. 
 peau, late of the same Parish, yeoman ; Laurent Dumas, late of the same Pa. 
 rish, yeoman; Charles Demarais, late of the same Parish, yeoman; Joseph 
 Allard, late of the same Parish, yeoman ; Louis Allard, late of the same Par* 
 ish, yeoman; Peter M'Nie, late of the same Parish, yeoman; Duncan M*Nte, 
 late of the same Pariah, yeoman ; Peter Baley, late of the same Parish, ye9^ 
 man , Luther Sawtel, the younger, late of the same Parish, yeoman ; Patrick 
 M'Donogh, late of the same Parish, yeoman ; and Francis Bradley, late of tha 
 •ame Parish, yeoman, not having the fear of God before their eyes, but bein^ 
 movpd and seduced by the instigation of the devil, on the fifth day of Novem. 
 ber, in the fifth year of the reiira of our Sovereign Lord William the Fourth, 
 by the grace of God, of the United Kingdom of Great Britain and Ireland, 
 King, Defender of the Faith, with force and arms, at the Parish aforesaid, i^ 
 the County aforesaid, in the District aforesaid, in and upon one Louia Mar* 
 cour, feloniously, wilfully, and of their malice aforethought, did make an a« : 
 •aul . ; and that the said mac Jones with a oertain gun, of the value of tan 
 shilliags, then and there loaded, and charged with gunpowder and leaden ahot, 
 which hOt the said laaac Jones, in both his handa then and there had and held 
 at and against the said Louis Mr^poux then «nd there, feloniously, wilfuUjTi 
 aitd of n^ m^ice aforathought, did aboet ^ni discharge ; and that tho paid 
 Imw Unn, «iU» U\« U «4en §k<f\ ifovMIMl, 9vH of the gu« «foi<M«)di tlWMl 
 
•nd tlwre, bj force of the ranpowder aforcMid, ehot and tent forth ■• afore, 
 ■aid. the aforeaaid Louia Mareoux, in and upon the lower part of the belly of 
 him, the aaid Louia Mareoux, then and there, felonioualy, wilAiIly, and of bia 
 malice aforethought, did atrike, penetrate, and wound, giving to the aaid 
 Louia Mareoux, then and there, with the leaden ahot aforeaaid. ao as afore. 
 anid fhot, dincharged and sent fcrth out of th(> gnn aforecaid, by the aaid laaae 
 June*, in and upon the Raid lower part of the belly of him, the said Louia 
 Murcoux, one mortal wound of the depth of seven inches, and of the breadth 
 of two inches, of which said mortal wound the anid Louis Murcoux, on and 
 from the said iiAh dny of November, in the fifth year aforesuid, until the 
 eighth day of November, in the fifth year aturesnid, in the Puritth aforesaid, in 
 the County oforcsHid, in the District aforesaid, did languish, and, languishing, 
 did live, on which said eighth day of November, in the firth year aforesaid, he, 
 tlie said Louis Marroux, at the Parish afoiesaid, i the County aforesnid, in 
 the District aforesaid, of the mortal wound aforesaid, died ; and that the said 
 Jantes Jones, William Jones, Medard Crepeau, Laurent Dumos. Charles De< 
 nyaruis, Joseph Allard, Louis Allurd, Peter M-Nie, Duncan M'Nie, Peter 
 Baley, Luther Sawtol, the younger, Patrick M'Donogh, and Francis Bradley, 
 then and there, fuloninusly, wilfully, and of their malice aforethoutEht, were 
 present, aiding, helping, abetting, comforting, assisting, and maintaining the 
 aaid Isaac Jones, the felony and murder aforesaid, in manner and form afote. 
 •aid, to do and commit ; 
 
 And so the Jurors aforesaid, upon their oath aforesaid, do aay that the said 
 Isaac Jones, James Jones, William Jones, Medard Crepenu. Laurent Dumaa, 
 Charles Demarais, Joseph Allard, Louis Allard, Peter M*Nie, Duncan M-Nie, 
 Peter Baley, Luther Sawtel, the youneer, Patrick M'Donogh, and Franeia 
 Bradley, him, the said Lonis Mareoux, on the said eighth day of November, 
 in the fifth year afbreaaid, at the Parish aforesaid, in the County aforesaid, in 
 the District nforeaaid, in manner and form aforesaid, feloniously, wilfully, and 
 of their malice aforethought, did kill and murder, against the peace of oar 
 •aid Lord the King, hia Crown and dignity. 
 
 (Signed) C. R. OGDEN, AUy.O*n. 
 
 A. M. DELISLE, Clk. Cn. 
 
 True Billa against Isaac ond James Jones. 
 
 No Bills against William Jones, Medard Crepeau, Laurent Dumas, Charlea 
 Demarais, Joseph Allard, Louis Allard, Peter M'Nie, Duncan M'Nie, Peter 
 Baley, Luther Sawtel, Patrick M'Donogh, and Franeis Bradley. 
 
 The prisoners, Isaac Jones and James Jones, were arraisned, and pleaded 
 •• Not Guilty." Trial fixed for Wednesday, the 4th of March. 
 
 Wednesday, March 4, 1835, 
 
 Preaenf— The Chief Juatice, Mr. Justice Rollano. Mr. Justice Pykk. 
 
 Caunaelfor the Proaecution — Michael O'Sullivan, Esq., Hia Majeaty'a So> 
 Ueitor.General. 
 
 Counaelfitr the. Defence — John Boston, Henry Driscoll, Robert Armour, 
 Jon., and Aaron Philip Hart, Esquires. 
 
 Mr. Driscoll moved, on the part of the Prisoners, that a Jury compoaed of 
 persons speaking the English language be taken from the pannel. 
 
 The Chief Justice observed, that the practice had been univeraally main* 
 tained in the Court of allowing a Jury, one half of English and one half of 
 French, if required. 
 
 Per. Cur. Call the Jury. 
 
 The pannel being called over, the Prisoners challenged nineteen persons; 
 and the following gentlemen were sworn in as Jurors ;— ' 
 
 Hyacinthe Payment dit Lariviere, yeoman, St. Genevieve ; Alexia Pon. 
 ton, yeoman, St. Marie de Monnoir ; Pierre Ponton, yeoman, St. Marie de 
 Monnoir ; J. B. Chagnon, yeoman, St. Marie de Monnoir ; Alexis Taille. 
 iofi yeoman, St. Martin ; Donald. Fraaer, yeoman, St. Andrews ; Donald 
 M*Martin, yeoman, St. Euatacbe; George Simoa Leroy, yeoman, St. An. 
 
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<6rvws ; €hirlet Renaud dit Bltnohard, yeoman, fit. Jean Baptiat* ; Patriek 
 Drumgoold, tanner, Montreal ; John Dal/, gentleman, Montreal ; John Drew, 
 grocer, Montreal. ,, 
 
 The SoLiciTon General opened the eaie, and addreiaed tho Jury, in 
 French and Engliah. nearly to the rollowing effect, in substance : — 
 
 The attention of the Jurors had hitherto, he said, been directed to the con. 
 eideration of minor infractions of tiie law. The case about to be submitted 
 to them, was one of a most solemn nature. The prisoners at the b(ir stood 
 before them accused of a crime of the deepest die — of the murder of the 
 late Louis Marcouz, the circumstances of which it became his painful duty 
 to detail. 
 
 It was, no doubt, known to them, that Sorol was a Borough that sent but 
 one Member to the Provincinl Parliament. The usual period for renewing 
 the Representation of the Province having arrived, an election took placo 
 there, in the latter part of October last. Two candidates had oflTored them, 
 selves, Mr. Pickel from Montreal, and Mr. Jones from Quebec. This elec 
 tion partojk of tho character of former elections at the same place ; it waa 
 warmly, nay, violently contested. Though the number of voters was necei> 
 «arily small, it was spun out for several days. 
 
 Tiio Jury was, of courne, sufliciently acquainted with the natnre of con. 
 tested elections, to know tho results which liiey inevitably produced. AH the 
 bad passions of the human breast were roused into action. Friendships were 
 hastily formed, and were as speedily dissolved, because formed by the selfish 
 interest of tho moment. But enmities wore engendered which led to th* 
 greateat excesses, and left a deep rooted hatred never to be eradicated. Aa 
 the voters grew scarce, animosities and collision increased, and ezpedienta of 
 •very description were resorted to by the conflicting parties. 
 
 With respect to the election in question, it appeared that, in the last stasre 
 of it, one Dumas was desirous of voting for Mr. Jones, but was not sutH. 
 ciently qualified, inasmuch os a certain house, of which he was the proprietor, 
 had been left in an unfinished state, and wanted a chimney to give it tho 
 character of a dwelling.huuse. It happened to be the erroneous opinion of 
 Mr. Jones' party, that by supplying this defect, Dumas would be sufficiently 
 qualified to vote, and accordingly, at rather a late hour on the fifth of 
 November last, it was resolved that they should set about building a chimney, 
 and a eontraet was forthwith entered into for building one during the night. 
 The preparations for building the chim.iey in question, drew several of 
 Mr. Jones' friends to Dumas* house during the evening. It oAen happened 
 through life, that events of the utmost importance could be traced to trifling 
 and accidental cnusps. Thus it was with respect to the melancholy event 
 which gave rise to the present prosecution. To that erroneous opinion res* 
 pecting the chimney mi^ht ba ascribed, as to its remote r j>i°tc<, the fatal catas. 
 trophe which ensued. He was aware that there were a gr(n.t many eircum. 
 stances connected with that melancholy event ; but as his ki.owledgo of these 
 circumstances was not, he presumed, very correct, and as that knowledge, 
 euch as it was, was not derived from the witnesses whom he should call, he 
 would confine himself to the few facts, and few they wore indeed, which it 
 wonlJ bo his duty to prove, in support of the prosecution. 
 
 Immediately opposite to Dumas' property, was the house of a woman 
 known by the appellation of the Widow Paul, Madame veute Paul, at which 
 a certain number of individuals, amongst whom were several witnesses for 
 the Crown, had assembled on the evening of the same day (5th of November), 
 for the pnrpose, as stated by them, of amusing themselves. About nine 
 o'clock that evening, the deceased Marcoax arrived at Madame Paul's, in a 
 oaleche, driven by Andre Lavallde. He had not been long in the house, when 
 the company broke up, and Marcoux left the house with them. Upon reaeb. 
 ing the street, they heard a shot fired in the direction of Dumaa' bouae. It 
 had been fired in the air. The deeeaaed immediately ran to the spot whero 
 the flaab of the gun had been seen. On eoming up to it,' he found the prt< 
 
•OB«r Ituo John there, with a gun ia his band. At Mareoni neared leaae 
 Jones, be found thn musxle of his gun presented to his breast, sad fiut it down 
 obliausly with his cans, saying at the time, •* don't fire, Isaac, don't fire." 
 At that moment, the other prisoner at the bar cried out, " fire, Isoac, fire.** 
 And thereupon Isaao Jones fired the gun, snd lodged its contents in the 
 abdomen of the duceased. Shortly after the shot, Marooux fell, exclaiming 
 as he fell, that he was a dead man. The Solioiior General thought it his duty 
 to add, as shewing the intention of each of the pri»oners, that he believed it 
 would bo proved to thcin, that on thu moruing of thut evuult'ul day, Isaae 
 Jones had been heard to say, that murder must be done ; and that in tha 
 course of the same day, James Jones had been seen to load a piatol. Suck 
 were the facts. He would carefully abbtain from any comment, and leava 
 them to the unimpassioned considerstion of the Jury. But this he most say, 
 that if they were as stated to him, and by him repeated to tho Jury, the voica 
 of Marooux seemed to call for justice from his grave. In saying so, he also 
 felt that the case of the prisoners at the bar, whose fate was in their bands, 
 required the most calm and impartial investigstion. 
 
 One thing, however, might bo assumed as certain, that Isaao Jones wss the 
 author of Marcoux's death — from the gun which he, Isaac, held, was dis* 
 charged that shot which inflicted the mortal wound. The fact of killing 
 being unce established, the law presumed it to have been founded on malice 
 until the contrary appeared ; and it would be for the prisoners to prove, to 
 the satisraction of the Jury, all tho circumstances of accident, necessity, or 
 infirmity, which might make in their favor. These circumstances, however 
 etofuiedly detailed by the witnesses, would, they might rest assured, be 
 etused by tho Court under the soveral distinctions of homicide to which they 
 might apply. 
 
 The facts being few, as was already mentioned, in support of the prose, 
 eution, the Jury would, perhaps, be surprized to learn that he (the Solicitor 
 General) intended to call a cloud of witnesses to support thorn. But, such 
 waa the local as well as the general excitement, which that unfortunate affiir 
 had produced, that he was determined that no person having the slightest 
 knowledge bearing upon it, should be kept back. There was a very long list 
 of witnesses (some twenty.five) on the back of the indictment. They shonhl 
 with the permission of the Court, be every one of them examined, as well aa 
 all those whose names might be suggested to him.* 
 
 With respect to the defence, he wished it to be equally full, equally free 
 and unshackled, that full and ample justice might bo done between the Crown 
 and the prisoners at the bar. The witnesses which he (the Solicitor General) 
 would produce, would, he believed, for the most part, be found to have aided 
 with Mr. Picket ; and he took it for granted, that the witnesses to be pro. 
 duced by the defence, would for the most part be found to have sided wilJi 
 Mr. Jones. They (tho Jury) would, therefore, have marshalled before them, 
 the two great conflicting parties who bad figured at the Sorel election, still 
 retaining in spite of their best feelings, some of the prejudices, the enmities, 
 and partialities which had been displayed at the Hustings. 
 
 In thus expressing himself, be meant nothing ofiensive to either party. He 
 ■poke but of weaknesses, and the infirmity common to all men, and of the 
 difficulty which the moat virtuous found in surmounting prejudices and party 
 spirit, particularly political prejudices. Ho fell impressed with a atrong sense 
 of the arduous duty, the discharge of which he wss about to share with them 
 (the Jury). He would not conceal it from them, that they bad before then 
 a long, a painful, a most difficult task, and that they were entering upon n 
 trial which would draw largely on their patience. But no trial could be too 
 long, in which the search after truth waa the object, and upon which bung 
 the fate of two felluw-beings. 
 
 « t.'^re were fimr profesaional gentlonsn engaged during the trial in fumiriihig the 
 Soheitor^neral with informatioi^ on behalf^ the fcndly of the deceased. 
 
In matton of ordinary life, it Wki diffieult to 6nd « few pervoni agree an 
 to all the oircnmatanoei attending any particular faet. what then might 
 they (the Jury) not expect in a trial of that deicription, growing out of a 
 eonteated election, in the atrife and atrugglea of which, the witneuui on both 
 BideN will view men and thinga with oyoa that had taken their hues and colore 
 from pasaion and party. They would, therot'ore, at the end of the trial, have 
 euch a web of toittiniony to unravel, aa to require all their sagacity. Tiiey 
 would seo accumulated before them, an immcnie and confuted mataofeonlrn. 
 dictory ovidcnco, from which it would bo ihoir duty to extract the trutli. In 
 looking at these difficulties, it was a consolation to him, and must be a great 
 one to them, to obtain the great assistance which they would receive from the 
 Honorable and learned Judgea on the Bench, who would direct their atops and 
 
 Ettide them through the labyrinth. Another difficulty, and by no means the 
 last which presented itself, was the political feeling, which would necessarily 
 be found to pervade the wholo case. But political focliog, rancorous in all 
 ita beariiii^, had nothing tu do with the sacred principles of justice. They 
 (the Jury) were seated in the sanctuary of the laws, which must not be de. 
 filed by either prejudice or prepossession. A great dual hnd been said, and 
 a great deal had been written, respecting this unhappy business, he hoped 
 not for the purpose of bringing the prisoners to trial with an anticipated con. 
 Tiotion. All previous impresoions which hnd been made upon them, either 
 in favor of or against the prisoners, they, as honest men, would discard, and 
 bring to the investigation before them, hands aa fair and as pure aa white 
 paper, upon which neither blot nor stain was to bo found. 
 
 The solemn oath which they had taken was, not to judge from previous 
 impression, but a true verdict to give according to the evidence. The priaon. 
 era had put themselves upon God and their country, for their trial. It was 
 in the presence of that God that the trial was about to proceed, and he hoped 
 God would enlighten their minds to discover the trulh. If, after a fair', a 
 patient, and an impartial triul, they felt convinced tliat the prisoners were 
 
 truilty, it was their duty, however painful, to hand them over to the offen<ied 
 aws of their country. If convinced of their innoc«nco, they (the Jury) 
 would fearlessly declare it. And, if there existed a reaiionable doubt, aa to 
 either guilt or innocence, tlie prisoners were entitled to the benefit of that 
 doubt— so His Honor the Chief Justice was in the habit of saying in bis im. 
 partial charges, and so he (the Solicitor General) was certain th.it the Chief 
 Justice would say upon that occasion. For it was better, according to the 
 humane principles of the Criminal Law, that ninoty.nine guilty persona 
 should escape, than that one innocent man should sufTer. 
 
 Mr. Hart moved, that the witnesses for the Crown be directed to withdraw 
 from the Court, and ordered to remain out of the Court until the time of their 
 respective examinations. 
 
 The Chief Justice — Let the witnesses, both for the Crown and Defence, be 
 oalled, and directed to withdraw. 
 
 Thia being done, tho Solictor-General proceeded to call up 
 
 EVIDENCE FOR THE CROWN. 
 
 MoTSE DupLESsts, Called and examined by the Solicitor General.— Js« 
 Notary Public, residing at Sorel, where he haa resided for the last four years. 
 He was there during the last election, where Messrs. John Jones, junior, and 
 John Ptckel were tlio candidates. The election, ho thinks, commenced about 
 the 36th of October last, and ended about the 7th of November. Ho knows 
 the prisoners at the bar, who reside in Sorel, and were there during the elec- 
 tion. They were active towards the latter end of the contest, in favor of Mr. 
 Jones. He knew Louis Marcoux, who lived with his father in law, was for* 
 merly a trader, about 36 years of age, and who made himself buay at that elec- 
 tion for Mr. Pickel, who eventually aaboeeded. On the 5th November he met 
 Isaac Jonea, who observed to Jiim " that there would be nmrdar eommitted 
 
jet at the poll ; that he had b«en told to get hii gan ready, that it iraa loaded, 
 and that they were prepared." It Waa at about ten in the morninv that this 
 convoraation took place. He linowB Laurent Dumaa by aight. lie thinka 
 that on the 5th November, Mr. Fickcl had a amull majority over Mr. Jones. 
 Diimoa wan then not (|iialified to vote, but to obtaiH thut qualification his 
 frinnda propoBcd to build a cttimnoy to an old liouao ho owned. At about 
 seven they went to work attliis cliinmcy, and he aaw aome maNona laying the 
 foundation of tlio chimney. The witnoM wont into the houiin to aee them 
 work, having hoard that they woro going to build the chimney by niitht.— 
 Several pemona subnoqiicntly came into the building, nnd the maaona retired. 
 At ahoHt nine in the cvenii)|ir, white at tho huuvo of Mrs. Puul, (widow Colon) 
 Mr. Marcnux came in and osked him to go out into tho utreot, which he did. 
 Marcous hail coinu in a enleehr driven by Andrt Lovallee. They had ad. 
 vancfld but a few paces, when they hoord the reporta of thrte or four guna, as 
 if directed towards them, by a crowd of porsona advancing. Some of these 
 reports appeared tu come from the roar of the house of Dumas. He thought 
 they were shot off to friirhten penplo. [Tho witness was shewn a plan of * 
 
 Rart of the Doroiigh of Sore!.] The house marked No. I, is that of Mrs. **uul, 
 lo. 3 is that of Diunaa. They aro opposite to each other, forming tho cor« 
 ner of two streetB, which are ubont forty fuct wide. He advanced forward, 
 and in the street mot Pettr M'Nie, who struck tho witness, threw soma 
 stones, and then culled out ■'fire." Ho did not immediately hear any report, 
 but ho shortly afterwards heard Morcoux cry out that ho was dead. He 
 turned tho corner of the street, and there found Marcoux in tho arms of Le< 
 valine, who said ho had met his death by a shot from Isaac Junes, who had 
 the muzzle of his gun nearly touching his body, when it was fired, and that 
 he had fulion. He was afterwards tiikon to Alexis Feloquin's. Ho did not 
 see him fall, but he was incapable of moving when ho first saw him. The 
 witness and Lcvollde put Marcoux into a caleche, and on their route home, 
 Murcoux repeatedly said that Isaac Jones had given him his wound. He did 
 not see Marcoux till next day. when lie was at his own house, still living, but 
 in bed. Ho conversed with him about the accident ; the deceased again uien< 
 tioned that he received his death blow from Isaac Junes, and said ho saw as. 
 veral persons near him at the time. Marcoux was u Roman Catholic, and 
 had aent for the Curate of the pnri^h, who came several times to see him.— 
 This accident occurred, ho thinks, on the I'hursday, ond Marcoux died on tho 
 Saturday. He saw 'the deceased tho evening bofnre his death ; ho was in the 
 full possession of liis rocolloction to tho moment of his death. He did not 
 speak much, because ho suiTured exceedingly. On tho morning of his death, 
 ho still spoke of the accident ; he docs not know if ho had then taken the last 
 aacrainenl. Ho afterwards saw him dead. Marcoux camn to Mrs. Paul's 
 house from some place where ho had gone to secure a vote ; he had not come 
 from the house of Dumas, but in a dinorent direction with Lavallde. Threia 
 or four minutea elapsed after parting with him ere he heard him cry out that 
 he was shot. It was afirr Marcoux had advanced towards the crowd near 
 the house of Dumas, that the first shot waa fired. Curiosity only led him 
 that evening to the house of Dumas. 
 
 Crots-examined by Mr. Driscoll. — It was onl^ during the laat few days of 
 the election that the prisoners took any interest m the election. Isaac Jonea 
 had gone up to Montreal about the time of its commencement, but he cannot 
 say he went there to keep himself out of the way. It was curiosity alone that 
 took him to the house of Dumas. Dr. Haller was with him and some other 
 
 Psrsons, but without being asked to accompany them. While there he noticed 
 ierre Cardin and Culbert Rondeau, but he does not recollect particularly the 
 names ofthe other persons then present. It was about six in the evening, 
 and there might be from eight to ten persons present, who eame from differ, 
 ent directions, in addition to the workmen erecting the chimney. The work- 
 men were in favour of Mr. Jones, but only one of them had a vote, whieh was 
 already given ; the others had no votes. He knows not what were the intMi- 
 
tioM oftltoM who w«t« prarant, and ha did not lao them inUirrupt tha worli 
 man. Dr. Hallar had gona thara maraly to aaa ir tha chimnay waa building. 
 Ha doaa not know that thay want thara to pravant tha work procaading. Ili* 
 did not haar all that waa aaid. Nothing brought him to t!'a houia but that 
 having iioard that the Jonea party iiad given inatructiona to hava the cliimnry 
 built, nn went to aeo if it waa tlie coae. Ho law acvoral perauna apeaking to 
 tha buildora, who, in return, apoka to them, but he heard no throata nor nm. 
 nacea; llioy stopped work oftiieir own accord. Hoina poraon roinarked, tliai 
 it waa u very unuaual hour fur mnanns to bo working. lie left the houia, and 
 ahorJy atterwurda saw tha maauna leuving tlia lintmo, with tliuir toola. Ho 
 Uti a abort tiino before them, but all tho uthora left the houmi with the ma. 
 aona. There wore no threata held out wliilo he waa in the houae, and when 
 tha men were retiring, ha waa in tho atrcol. Ho ia poailive in auying he noi. 
 tlier aaw nor heard uf any violence ; nor can he auy why tho niiMona lofl , nor 
 doaa he think they were prevented from working. Between aix and ninalhut 
 avaning ha waa at Mra. Puul'a, oppoaite to the houae of Dumaa, and saw aova. 
 ral peraona, noar aeven o'clock, acattoring atonea about in the atroet, about 30 
 or 40 feet diatunt, but could not diKtinguiah who they were, Thia waa after 
 the miaona had gone. Ho waa atanding ot the door, and he now recolleota 
 having aeen Alexia Poloqiiin, M:>xime Auaaent, Piorro Curdin, Culbert Ron. 
 daau. Chorlea Hagd, Pierro Thouin, Hector Martin, Paul Peloquin, Alexia 
 Puul Hua, and Hubert Deguiae. Ho cannot aay they wore all engaged in 
 Boattoring tho atonea, but they were all preaent when it waa done. . Ho did 
 not aee bricka nor mortar there, but he know that a load of clay had been 
 brought there. He knowa not what the intontiona wore of the party who 
 were acattering tho atonea; they might posaibly have intended to interrupt tha 
 work. He gave them no encouragement whalsoovor, and he did not inter- 
 fere in any wny. If ho had told them to doaiat, he poaiibly might have been 
 injured himaulf. Tho reaaon why he did not intorfero waa an apprehanaion 
 of peraonal danger to himaelf. tie might have advised them to doaiat, but 
 they never would have liatened to him. Tho people appeared tn be in good 
 hufiiour. He remained at Mra. Paul** from aix to nine, and hia reaaon for re. 
 maining thero waa to spend the evening. He hua nn knowledge that they 
 met there that night for the purpoae of interrupting tho building of the chim. 
 ney, and he went out to aee if the masons hud returned again. He hoard no 
 conversation which could alinw him what brought all those people to Mrt. 
 Puul'a. All those whom he haa provioualy named aaaisted in scattering th« 
 atonea, or were preaent when it was done, and then went into Mra. Paul'a 
 again. He peraiaU again in saying that he did not know what were tha da. 
 aigns of the people at Mra. Paul'a. She doea not keep a publichouse. He 
 did not ask them why they preferred that houae to all the public houaea in the 
 village. The witnesa was a parlitan of Mr. Pickel, and took an active part 
 on hia behalf. Marcoux came to Mrs. Paul's, in pursuance of hia own free 
 will, liko every other person. He doea not know what Marcoux'a intontiona 
 were in coming there. Several of thoae he named lafl tha houae before nine. 
 Marcoux nsver explained what brought him there. He aaw no atick in Mar. 
 coux's hand when he arrived. If he had ono, the witneaa did not aeo it. Ha 
 did not oak Marcoux to come out, for it was Marcoux who oaked witnea<i to 
 come out of Mrs. Paul's, aa there were vohiclea coming towards them. He 
 doea not think Marcoux spoke to any ono else, but they all followed Marcoux 
 out cf the houao. . Marcoux never, in hia preaence, directed these people to 
 resist by force thoae who were coming up. When theae people came out to 
 the street, he heard a noiae. He then noticed a cart, with aome people fol. 
 lowing it. He saw nu aticka with them, nor any other arms, nor did he aee 
 any in Marcoux'a hands. Marcoux was the firat to issue from the house, and 
 advance towards the persona coming up. Ho cannot well say who oommenoed 
 the noise. Peter M'Nie, without any provocation, atruck with his atink the 
 witneaa. The people with Marcoux behaved themselves quietly while the wit. 
 neaa remained with tbein. He then heard aoveral reports of guna, but cannot 
 aay who fired tbem. He baa aince beeo informed that tbay came firom the 
 
m 
 
 id 
 
 10 
 
 party of Mr. Jonei. He thought they were firiftg with blank etrtridpi. He 
 never heard that any peraon waa wounded by thoae ahota. There iii»v hun 
 been aom* wounded, but he ia ignorant of the fact. He cannot aay woy th* 
 Khota were fired. He heard a noise, aa if a cart waa upaet. He eaanot aay. 
 who did it, whether the people firom the house of Mra. Paul, or the other 
 party. A gun waa fired from the comer of the houae of Dumaa. He after. 
 warda found the deceaaed in the arms of Levallte. He cannot aay wliero he 
 had been wounded, or where LevallCe piclted him up. Several ahota were fir. 
 ed. Had all those guns been loaded, several Uvea must have been lost. The 
 cart had been upset before Maroonx was shot. It waa loaded with atonea ; 
 and its upset made some noise. He heard aeveral peraona in converaatioii, 
 but could not comprehend what they were saying. Marcouz mentioned~4hat 
 the muzzle of the gun was near his body, but he did not say that he atnick 
 the gun. He aaid that Isaac Jones presented the gun to his breaat, and, aup. 
 posing that he was going to fire, he lowered the gun with hia hand. This he 
 waa told by Marcouz. Isaac Jones mentioned that morning, that there 
 would bo murder at the poll. Witness was sober when this conversation took 
 place. He doea not think that when Jones talked of murder, he alluded to 
 ita proceeding either from the party of Jonea or Pickel ; and doea not think 
 that Jones really at that time intended to commit murder, but expressed him. 
 aelf in bravado. He aJmits that violence was used by Fickel's party to pre. 
 vent the votera of Mr. Jones coming to the poll. Fickel's party were the 
 atrongeat. At the last day of the poll, violence waa used by Fickel's party, 
 but there waa no murder. Marcoux left him in the street, and he cannot aay 
 whether ho went on the lot of Dumaa or not. There was a rail fence to the 
 lot. He never heard Marcoux aay he would " rip the guts" out of any per- 
 son that would vote for Mr. Jones. Marcoux was, like many others, liable 
 to be quick, but he was not violent. He waa a warm partiaan. His general 
 character was violent, but he never knew him to be vicioua or wicked. He 
 never saw Marcoux run after the captain of a ateamer with a knife. i(e 
 knowa Isaac Jones to be a man of an easy, mild disposition ; Isaac Jonea and 
 Marcoux have had aeveral transactions, and they were intimate friends. He 
 aaw them converse during the election on several occasions. 
 
 Dr. WoLFRKD Nelson, called and examined by the Solicitor.General.'— He 
 lives at St. Denis. He saw Marcoux before and after his death. Two daya 
 before his death he aaw him first. A messenger was aent for witness, who 
 reached hia house about two in the morning. Marcoux told him be waa shot 
 at nine in the evening. He saw him about eleven the next day. When he 
 aaw him, be had no twpes of him, but he waa perfectly in hia senses. He ex* 
 anined tha wound, and found it about three inches below the navel, a little to 
 the right side of the medial line. He then conaidered him in aueh a atate that 
 professional akiU was useless. He probed the wound with hia finger ; it waa 
 inflicted with aciall shot, some of which the witness produced. The shot did 
 not penetrate the cavity of the abdomen. The shot »truck the belly, and 
 glanced under the groin, and lodged in the back and inner part of the thigh. 
 No intestinea protruded. He waa told by the deceased that •• the aeounrfre/t 
 had done for him at lm»t." Marcoux was then under the impreaaion that he 
 waa dymg, and waa told to settle his afFaira. He then said he had been shot 
 bjr laaac Jonea. The witness did not converse much with him. He waa in. 
 tioately acquainted with Marcouz, and knew hia character. It waa that ef 
 aa honest, active, energetic man ; hia moral character waa generally ^ood ; he 
 would not auffer an inault ; but waa still a humane man. He was not uraaeihle. 
 There was a good deal of practical humanity in Marcouz. Hia death ia mooh 
 regretted in the Borough of Sorel. There waa a pott viartem examination of 
 Marooux'a body, whieh the witneaa auperintended. He then again saw the 
 wound, and believea it to have caused the death of Marcouz. 
 
 Craea^xanwud iy Mr. HAaT.-.-Aa the wound took an obli(|ae direetioBt 
 ' tha oauazle ef the gun OMiat have been depreaaad. UnlMt the mozile waa df. 
 
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 11 
 
 prened, the eontenta, in the ordinary method of firing, would have, pv.aapa 
 ■truck the thorax. A man can be killed by a heavy load of amall ahot, at 
 well aa by a bullet ; a bodkin, if profeuionally uaed, might be equally fatal. 
 Laoeration might be produced without death in a part merely fleshy. Mar. 
 coux waa under the idea that he was dying ; and it was not unnatural that, 
 although near to death, he might have made use of the expressions mention- 
 ed by tho witness. The expressions were made in English. When Marcoux 
 was provoked, he exhibited great energy ; be had quarrels often with hie 
 neighbours. The witness admired Marcoux's character, for his difficulties 
 were often produced by protecting innocent persons from persecution. The 
 witness lived 16 miles from Marcoux'c residence. He delivered a funeral ore. 
 Uon over Marcoux's body, and accompanied a number of persons to console 
 bis widow. He came down from St. Denis in his own carriage, and returned 
 in the steamboat. The witness neve: alluded to politics in his funeral ora- 
 tion, nor to the persons concerned in his death. He saw two persons leave the 
 ground, whom be would have wished had remained and heard the oration. 
 After tho funeral, he returned in the steamboat to St. Denis. It is not cus- 
 tomary in this Province to deliver funeral orations over such men as Mar- 
 coux. This was the first instance he ever saw it done. Ho never addressed 
 several persons at St. Ours, nor any where else, relative to the Coroner's in. 
 quest, nor as to the circumstances attending Marcoux's death. 
 
 MiCHBL Etienne Haller, called and examined by the Solicitor-General. — la 
 a physician at Sorel. He lived at Serel in the beginning of November, and 
 was there on the 5th of the month. He saw Marcoux at nine o'clock that 
 night, and th<>n extracted some snipe-shot from his wound, which he described 
 precisely as Dr. Nelson did. This examination took place at the house of 
 Alexis Peloquin. On examining superficially the wound, he saw some of the 
 intestines, and was then immediately of opinion that the wound was mortal. 
 When the deceased sent for him, on seeing him, Marcoux told the witness, 
 '* I am a dead man." He was present when deceased made his deposition be. 
 fore Dr. E. W. Carter, J. P. The deceased told him thai he met Isaac Jonea 
 »t the place, where they were building a chimney ; he perceived that Jones 
 bad a grn in his hand ; and he told Jones, " do not fire ;" that he (Marcoux) 
 had a stick or cane in his hand, with which he (Marcoux) struck the gun ; 
 and thereupon James Jones cried out " fire, Isaac, fire,"— and that Isaac 
 Jones then fired the gun. The witness passed the greater part of the night 
 with the deceased ; he only dosed, and then became drowsy from opium. He 
 apoke to him during the night, and he repeatedly mentioned the accident, de. 
 ploring that a young man should be so quickly hurried out oflife. He never 
 varied for a whole day and two nights in his description of the event, though 
 not precisely in the same language. He saw the wound at the ■pott mwttm, 
 examination, and then he did not change his opinion of the nature of the 
 wound being mortal, and that it was the cause of* Marcoux's death. 
 
 Croaa-exomined by Mr. Armour. — He was Marcoux's medical attendant, 
 and thinks he had sufficient confidence in his professional skill. Marcoux 
 ■aid he considered himself a dying man. To console him a little, the witneae 
 encouraged him with the hope of life, but he does not think the consolation 
 had any effect On his mind. He spoke to him from time to time, with, 
 eut making any impression. He cannot say whether Marcoux men- 
 tioned having gone on the lot of Dumas. He mentioned that Isaac Jonee 
 had a gun in his hand, near the place where the accident happened ; that 
 having heard a shot fired, he , had advanced towards Jones, and saw Jonee 
 with a gun in his hand ; that ho cried out " Jones, don't fire," and that he 
 then struck the gun with a stick, but he did not say that at that moment or 
 afterwards, he had heard the word •' fire, fire," and he could not say, whether 
 he was behind or beside James Jones at the moment that the gun went off. 
 Marcoux waa at the Widow Coton's before the accident happened. Some 
 persons had assembled at Alexia Pcloquin's, where the election party of Mr.' 
 
1« 
 
 Piek*l gemfally Mcorted. There trtn there abont ten or tweire person*, 
 who pivpeied to go aad see What w«s doing about the chimney of Dnnuw. 
 Tfaey all left thB bouse together. On arriving there, thev found some masone 
 building the ehimney, and some other persons oibring them assistance. H« 
 saw some stones brought in, and he perceived that one of the masons who had 
 voted againtt Mr. nckel, was not intimidated. The witness told him that 
 he had no grounds for alarm, for that the party did not intend to ofibr Uiem 
 any injury ; that they had come to see what was doing, at which the man bO' 
 eataie rfeoooeiled. On being asked what were the wages they were reoeiving, 
 the answer was two dollars. Some of the people replied, that they wouM 
 give bira two dollars if he would drop the work. They had some spirits with 
 them, and they oiftred the masons a dram. The bottle held about half a 
 pint. Shortly after, the masons left the place — Cantara, one of the masons, 
 in coming out of the house, slipped over a stone and fell. There were no 
 threats used by any of the party with the witness ; they went in and retired 
 quietly — ^they liad no sticks, as far as he can recollect. The witness, although 
 in the habit of wearing a stick, that night had none. After entering the 
 Widow Paul's house, he saw some person bringing in liquor ; the deceased 
 tame in and complained of hunger, and wished to have bread and butter. 
 While he was eatinr, they were told that there were spies about them, and on 
 going to the duor, they saw the son and servants of Mr. John Crebassa at the 
 door. They were asked what they wanted, and they replied that they wanted 
 to get some hands to work for Mr. Crebassa. Marcoux said he did not think 
 that it was that which had brought them there. The witness did not again 
 enter the house, and the deceased said he ought not to go home on foot ; a 
 ealteki Was ready for him, whioh he entered, and witness supposes that after 
 that, the party returned to the house from whence they eame out. He did 
 not see the scattering of the stones near the house of Dumas, and he doe* 
 not know why the persons assembled at the Widow Paul's; some of them 
 went before him, and he followed after. There was no conversation about 
 the chimney, while he was in their company. Mr. Marcoux was a warm 
 partisan for Mr. Pickel. He never told Marcoux that he was too warm dur- 
 ing the election. He thinks that was the first time that the people asNmbled 
 at Mrs. Paul's. 
 
 R».extHttined by the Siolicitor GEReaAL. — He knew Marcoux well^ and all 
 he beard of him waa that of a man wishing to be servicable, and a liumano 
 man. 
 
 Andkb Lbv&li^b, called and examined by the Solicitor €ienera1.— He waa 
 at Sorel on the 5th of November last, when ihe accident happened to Mar* 
 oottx. He drove the last witness (Dr. Haller) from the house of Widow 
 Paul, and recollects having brought Marcoux in a ealeehe to his own hensa. 
 About eight or nine o'clock he tied up his horse at the Widow Paul's, and 
 whUe tying his horse, he heard the report of a gun, which made his horse 
 start', ne then heard a second report of a gan, and on advancing into the 
 street, he saw Mr. Marcoux on the lot of Mr. Dumas, lying down on tb« 
 ground, and abont four or five feat on the lot ; ran towards him and found 
 him some few feet from the road, and about twenty or thirty feet from tho 
 house of Dumas ; he was then on the ground. When he first saw him he 
 waa standing up, but he fell again. The Witness raised him up, and put htm 
 mto his ealtehe, snd went then for the doctor. He heard no noise nor crying 
 out during the firing. On comin|f up to Marcoux, he asked him who had 
 eommitled the assault. He said it waa Isaac Jones. He left Marcoux at 
 Alexis Peloquius. 
 
 Cro$t.examimd by Mr. Daiscoix. — He voted for Mr. Piokel, and waa en. 
 ptoyed to carry people to the poll fi»t Mr. Pickel ; Marcoux having hired him 
 for that purpose. Mahsonx Waa not much more of a partisan than many 
 others. He heard the report of a gan while he waa tying up his horse. 
 
13 
 
 Mareoux never told him that the people had anembled at Mrs. PauVa to 
 interrupt the erection of the obianey of Diunaa. Ha doea not know for 
 what toey aaaembled there. She doea not keep a pablic houae^ her honae ia 
 in the centre of the village, and ia not t^t, laat hooae in the Tillage. He did 
 not perceive any people in the atraet, but he heard aome persona speaking* 
 B» remained close to his ealeeke, and saw nothing. He had heard that aeme 
 carts were coming up. Hia sight is not weak. He heard aome noise, but it 
 waa nothing extraordinary. He saw nobody coming out of the Widow Faul't, ' 
 and he did not go into the house. He cannot say how many were in it, and 
 he saw nobody in the street. No carts had coma up when he heard the two 
 ahote. At the report of the aecend gun, he turned round the corner, in the 
 <firectien from which he heard the report, and found Mareoux standing en 
 the lot. A part of 4he fence was up, and another part down. Upon coming 
 up to Mareoux, he aaid that Isaac Jones had shot turn. Moyse Duplesns waa 
 the only person on the spot, and assisted the witness to put Mareoux into the 
 eakehe. He saw nothing else, and knows nothing of a «art being upset that 
 night. He did not assist to upset the cart. He did not see the deceased going 
 into the house of Mrs. Paul ; and he doea not think that Mareoux had any 
 etick with him. Mareoux and Duplessis were the only persons he saw there. 
 
 Exumined by the Cawt. — He tied his horse on the street, between the 
 houses of Mrs. Paul and Dumaa, and ona door facea the other. He thinks 
 that four or five minutes may have elapsed, from the time he left his horse 
 till he saw Mareoux. His horse started at the first report, and while tying 
 him up, he heard the eeport of the aecond gun. 
 
 Alixib Pavl Hub dit CeuRNOVEK called and examined by the Solicitor 
 Ctoneral. — He lives at SoreU and was thera during the last election. He 
 knows both the prisoners, and reoolleeta the 5th of November. At about 
 half>past four or five, after the poll waa dosed, he had a conversation with 
 laaae Jonea, who remarked that the witness waa making himself busy* 
 Luther Sawtel and William Jones were also present, and told him he was 
 making himself busy. Isaac Jones threatened to break his chops ; upon which 
 witness said he was not the man to do it. Jones then replied, if he did not 
 do it in one way, he could well do it in another. Jones then put his hand in' 
 his pocket, and witaeas is positive he saw the butt end of a small ^t«^ This 
 was the fint time that he saw Isaac Jonea during the eleetion. The wttoesa 
 replied that be did not care for him. > 
 
 CroBi-extunimed by Mr. Daisoou.. — ^The witness was one of the partisans 
 of Mr. Piokel. Isaac Jones threatened to break his chops, but did not do it. 
 He is positive he saw the butt end ot a pietoL 
 
 PisaRE Louis Dbuo4i.le, called and examined by the Solicitor-Oeneral.— ^ 
 He lives at Sorel, and was there durin^r the Action on the 5th of November. 
 He knows the prisoners. He was on Mr. Picket's side. On the Monday pre. 
 vious to Mr. Marcouxfs 'teing wounded, he had a conversation witH John 
 Jones. He knows nothing further in relation to the case. No iui. * 4|ttes- 
 tions were put to this witness, and be was not cross-examined, • • > 
 
 Final CAa?BNTfBft. called and examined by the Soliciter.GreneraI. — He is 
 eighteen years of age, and was living at Sorel with Peter M*Nie, last Novem< 
 ber. Mr. M*Nie keeps a publichouse. He remembers the day that Marcoax' 
 was wounded. He knows the prisoners. He saw Jamea Jones that day at 
 Mr. M'Nie^s, with William Jonea. He saw James Jones load a piatol at the 
 counter, but did not aee him take it away. The witness went to the house of' 
 Dumas, but only with a view to assist the masons. After a cart bad been 
 upset, he heard two or three reports of fire arms. He was then on the lot of 
 Doirfas, bnt did not see Mareoux that evening. He heard Jamee Jonee ory 
 out •• firo, fire ;" but cannot say to his recollection,, to whom be aaid thoW"' 
 
u 
 
 ^ 1^ 
 
 word*. He did not see laue Jonee fire a pistol ; he only eaw Junes Jones 
 fire a pistol in the air. He does not know whether it was the pistol he saw 
 him load or not. He had scarcely time to reach the house of Dumas, when 
 the people ran out of the house of Mrs. Paul's with sticks. The witness 
 ■ays he was tipsy when he went to be examined before the Coroner. 
 A cart had been upset containing materials to build a chimney for Dumas. 
 A party went from Peter M'Nie's to protect the cart, between nine and ten 
 o'clock. Some persons prevented the carters from unloading the stones. 
 There were four carts, and about thirteen people to protect them ; they first 
 went to the liouse of Pierre Triganne, a cnnstablo, to get him to come to keep 
 the peace, but he could not go in consequence of some sickness in his family. 
 On arriving in the street, near to the house of Dumas, they were stopped 
 by Alexis Peloquin. They told him they were going to build a chimney. 
 Feloquin said they should not. Peloquin came by himself, and afterwards a 
 number of persons rushed out with poles and rails from Mrs. Paul's. They 
 were double the number of the party he was with. Maximo Aussent then 
 upset one of the carts, and was assisted by Peloquin and another. That 
 party then commenced striking with sticks the party with which witness was. 
 He saw a eateche going towards Mrs. Paul's. The witness then enumerated 
 several names of persons that committed the outrage, by upsetting the cart 
 and beating the party with sticks. They afterwards retreated to the lot of 
 Dumas, and thon separated to their own homes. He saw James Jones fire in 
 the air, but he did not say " fire, Isaac, fire." He was close to him, and he 
 eould not say the words without his hearing them. Ho heard the report of 
 several shots, but cannot say who fired them. He heard that Marcoux was 
 killed, but did not see him dead. Peloquin took hold of the witness and 
 deaired him to go home, and that if he went back to Peter M'Nie's he would 
 kill him. The witness then said that if he did not go back, he would lose his 
 wages ; upon which Peloquin said he would pay him. They then made the 
 witness tipsy, drew out a deposition and made him swear to it. Alexis 
 Peloquin dictoted the matter to him. He was afterwards brought before the 
 Coroner ; and during the time between his taking his deposition before the 
 Magistrate and the Coroner, he was threatened, that if ho did not confirm his 
 first statement, they woulii send him to jail. He drank several glasses with 
 a clerk of Charles Guuin, who was a warm partisan of Mr. Pickel, on the day 
 of the inquest, and it was through fear that witness made those depositions. 
 At the time of the attack there was a great noise, and the witness ran upon 
 the lot of Dumas, being afraid of being killed. It was then very dark, being 
 between nine and ten o'clock on the 5th of November. He is positive that 
 the attacking party were armed with sticks and fence rails. The noise might 
 have been heard at a good distance. He thinks he was in danger of his life. 
 After having given his deposition before the Magistrate, Alexis Peloquin, 
 Duplessis, and others, threatened to kill the witness, if he went into the viU 
 lage of Sorel, except to church. They continued to supply him with drink ; 
 and till the inquent was held, he was in a constant state of alarm. He was 
 really afraid of them, when under examination before the Magistrate and the 
 Coroner. The inquest was held at Charles Gouin's house, and the persons 
 he had named supplied the witness with liquor all the time. He was on the 
 lot when James Jones was running away. 
 
 The Solicitor Genrral here moved that the deposition of Carpentier, 
 which had been taken before the Coroner on the Inquest, should be read to 
 the Jury. 
 
 The Chief Justice — Let the deposition be read. 
 
 Mr. Hart — On the part of the prisoners, may it please the Court, I object 
 to the application of the Solicitor General being granted, and will proceed to 
 shew to the Court, that such an application is opposed to every principle in 
 the law of evidence. 
 
 The Chief Justice — Not at all, Mr. Hart, the Court have already decided 
 that question, and there is no necessity of hearing another argument t:pon it. 
 
15 
 
 Mr. HARr— May it please yonr Honor, the question has been, it is very 
 tme, decided already by the Court — but in a case like the present, where the 
 Htm of two innocent men are in jeopardy, I feel urged to bring the point 
 again before the Court, and I must respectfully insist that this Court has no 
 right to establish a precedent, which is in oentrudiction to tlie established prin- 
 oiples of the Criminal Law, and that your Honors are bound to abide by tho 
 Criminal Law of England, as it stood when introduced into this Provinco, or 
 as since altered or qualified by Provincial enactment. 
 
 Let us regard the Reports of Criminal Cases, and ascertain what the writers 
 on Criminal Law have stated, and we will find that the question was only 
 once raised and revised by the Judges of England ; and that on that occasion 
 a different point was agitated — It was in tbe case of the King against Benja. 
 min Oldroyd, reported by Russel and Ryan, and revised on the 11th and \iith 
 May, 1805 ; There the matter mooted was this : — ■• Where a presiding Judgo 
 on a trial finding the name of a witness on the back of the indictment, who 
 has not been examined by the Crown ofiicer, directs the witness to be called 
 up, and on the witness being examined, the testimony ^ivon by the witness 
 proves to be a direct contradiction of a former deposition given by that wit. 
 nesB, whether that Judgo had a right to call for the first deposition and have it 
 read, in order to discredit that witness ?" On the revisal of Oldroyd's case by 
 the twelve Judges of England, they were unanimously of opinion that Baron 
 Graham, (the Judge on Oldroyd's trial,) had acted correctly in calling for the 
 deposition ; and it is added by the reporter, that two of the Judges (Lords 
 Ellenborough and Mansfield) thought that a prosecutor had the same right. 
 Bat the Court on referring to the report of the case, will find that the atten. 
 tion and consideration of the Judges on the revisal of the case, was confined 
 solely to the question of the Judge having a right to call for the dupontion of 
 a tDitneat wAom he had forced the prosecutor to call ; and tho word " Judqe," 
 in the report, is printed in capitals. Again, had the majority of the Court 
 been of the same opinion with Lords Ellenborough and Mansfield, the deci> 
 ■ion would have been reported, and we are therefore to consider their opinion 
 as merely that of a very small minority of the Judges, namely, two out of 
 twelve, and ought in no way to decide or influence the judgment of this Ho> 
 norable Court. 
 
 If then we have no positive authority, warranting your Honors in granting 
 the application of my learned friend, the Solicitor General, let us see whether 
 the weight of legal authority stands positively and directly opposed to it. I 
 humbly contend that it does, and I will refer the Court firstly to the opinion 
 of a Judge whose remarks are ever regarded with admiration ; I allude to 
 Mr. Justice Buller, and beg leave to cite his law of Nisi Prius, p. 996, (a) 
 and your Honors will find that he lays down the general principle that a man 
 should never be allowed to discredit his own witness, or making useof hisevi. 
 dence, if it answer his purposes, and setting it aside if it should not serve his 
 interests. (Here Mr. Hart read the authority.) We have next the case in 
 point of Warren Hastings before the House of Lords, where it was decided 
 that a man shall not discredit his own witness, but shall merely be allowed to 
 eontradict the facts which that witness has proved. I beg leave to cite from 
 let Phillips on Evidence, p. 309. 
 
 The question has only been agitated three times before the Court ; twice I 
 had the honor of opposing the application of the Crown Officer. The third 
 case was that of the witness M*Neece, a few days since. In the case of the 
 King vs Simon ci'Helle and others, in the last Term, I succeeded in having 
 the application of the Attorney General rejected, and in the first case wherein 
 the question was for the first time mooted before the Court, I opposed the 
 Attorney General Stuart's application, which was ultimately granted ; it was 
 in the case of Alexis Boyer, for murder — but that, your Honor the Chief Jus- 
 tice observed, was a case aui gueria, and I certainly have ever considered that 
 the decision of the Court was correct in that case, for there it was the mother 
 of the accused, who had been in the house alone with tho prisoner and his 
 wife^ when the murder was committed, and might have^boen suspected of be> 
 
16 
 
 '1 
 
 ing an accomplice— thure too tho dopoaition had boon taken in tho prcaenco 
 of the pritoner. 
 
 In thu oaM there is a strongly marked dietinction, the depoeition was tak> 
 en before the Coroner at the inqueat ; and the prisoners had no repreaentative 
 there — bad no opportunity of eliciting from the witnesa thoae facta which 
 have today been drawn from him — were not able to observe his situation, and 
 prevent his examination. Again, the witness himself states, that he wai 
 forced to give the deposition which he did at the inquest by the menaces of 
 others. 
 
 I allow that tho search after truth, may it please your Honours, is the pre* 
 eminent object in every trial ; but, at the same time, there is another object 
 which we must also recollect, and that is — the attainment of justice. This is 
 the object to bo desired by the innocent accused. The Crown Officer, in the 
 performance of his duty, requires no more; and that is the landmark which 
 your Honours have ever kept in view, and, I trust, will now keep in sight, 
 and I respeetfully urge that justice will not be administered, if the Prisoners^ 
 by Carpentier's being discredited, by his former deposition being read, should 
 lose the benefit of the testimony which he has this day given, merely because 
 he was, on a former occasion, suborned and excited to give a deposition which 
 must be seen to be false. Under these circumstanoes, I again lay the case 
 before the Court, and I sincerely hope that tho consideration of your Ho* 
 nours may bo unfavourable to the present application. 
 
 The SoLiciTOR-GeNERAi. — I do not see that I can add any thing to the ar- 
 guments which I had the honour of laying before the Court, with regard to 
 the witness M'Neeoe. But your Honours must observe, that there would b* 
 no safety in following the depositions, which ue all upon which the Prose- 
 cutor can depend, if this course be not allowed. 
 
 TheCiiiRF JusTicK Reid — The principle of allowing the Prosecutor to 
 discredit his witness, by having a former deposition read, when the evidence 
 given on the trial is contradictory of the previous deposition, we ar» stiU in- 
 clined to maintain ; but there is, as haa been observed, rather a difierence be- 
 tween this case and the other cited, — here the witness has sworn that when 
 he gave his evidence before the Coroner he was intoxicated, and that he had 
 been menaced and threatened by persons whom ho has named. Tlie Conrt iSi 
 therefore, of opinion, to reserve pronouncing their judgment on the applica- 
 tion until a future stage of the trial, leaving to the Counsel for the prisonera 
 to support the assertions of Carpentier. Let the witnesses be examined, bow- 
 ever, in the meantime. 
 
 Francis Huohbs, called and examined by the Solicitor GeneraL^TlM wit- 
 ness is a teacher at Sorel, and was there in November last. He knew th« 
 deceased, Marcoux. He was not on the ground where tlie accident eecurredt 
 but happened to be about two lots distant at the time. About nine o'clock 
 that night, he was coming towards the spot, and heard the noi^e of a cart, he 
 then heard that cart wloaded, and then a shot. He then heard a peraon aay, 
 in Binglish, " don't fire, Isaac, you will be sorry for it." He v$o heerd • 
 person say '• fire, fire," followed by a second shot. A per8<m then oani» 
 running down, exclaiming that Marcoux had been ahot. He went h<»ne, and 
 oa going out again, he met some of Mr. Piokel's party, who told, him that no 
 barm was done, as the gun was loaded only with shot. The witness then' 
 went to Alexia Peloqi^n's, where be found Macooox lying on the eofa. He 
 told the witness that Isaao Jonee bad abet him. Pierre Carpentier waa 9X- 
 amined at the Coroner's inquest, in the preaenee of wjlneas ; he appeared so- 
 bert end gave bis testimeny with correctness. 
 
 Cru$-e:nmintd by Mr. AniiouK.r-T-He beard a cart eoning tomurda wheEe; 
 he WMt an4 heard tbe sound of stppes nsleading from a cart. He beond 
 aome peisopa talking, and ho was then abe«t 60 feet distant from tbe peofde: 
 apeaking. He cannot aaj whether the people were quoTMUing. Carpentier 
 wbea exauined, appealed to him t» be sober, and he acted bke a sober per-' 
 
17 
 
 
 
 •on. The boy was crosLexaminod &t the inquest by Mr. SUniey and Mr. 
 Hart, who attertded there. He thinks Mr. Stanley was there the first day. — 
 He cannot now say whether Mr. Stanley examined Carpentier or not. He 
 cannot say that he hesitated in the evidence. The witness did not vote at 
 the election for either candidate. He attended to his business, and did not 
 interfere in the election. If he had given a vote, it would have probably been 
 in favor of Mr. Jones. He did not recollect whether he did or did not speak 
 in fkvor of Mr. Pickel. 
 
 CnAHLEB Paob having been called by the Solisitor General, and it appear- 
 ing that the witness had been in Ckiurt during some part of the trial- - 
 
 CHAaLEs L. ARMSTRONa was sworn, and examined by Mr. Driseoll. He 
 saw the witness, Charles Pag6, walking from the door, as if he had been 
 within the Court room. This was about half an hour ago. James C. Grant, 
 Esq. also saw Pag6 ; it appeared to the witness that Pagtf was listening.— 
 The Court overruled the objection to this witness, and ordered his testimony 
 to be taken. 
 
 Examined hy the Solicitor General. — The witness lives at Serel, was 
 there in November last, and recollects the events of the 5th November which 
 relate to Marcoux's death. He was near the house of Dumas between nine 
 and ten o'clock that night. He went out of the house of Mr^. Paul, and saw 
 some carts coming up. He saw some persons lay hold of a cart and upset it, 
 and he then heard James Jones cry out " fire, Isaac." He then heard a shot, 
 and heard Louis Marcoux cry out '* I am a dead man." The witness ad. 
 vanoed, but did not see any person. Before he heard James Jones cry out 
 *' fire," he hoard the report of a gun, but heard no body say *• do not fire." — 
 He does not understand English, but knows that the words he heard were 
 " fire, Isaac." He did not see the deceased until ho saw him at Peloquin'sj 
 He knows that the voice calling out " I am a dead man," was that of 
 Marcoux. 
 
 CroM'examined by Mr. Boston. — He was at the Widow Paul's before tho 
 accident occurred. Curiosity brought him there, as it was rather an nneom> 
 mon thing to build chimneys at night, and merely to see if they could build a 
 chimney by night. He was not there when they were working, the masons 
 were then gone. He did not see the materials scattered about. He then left 
 that place and went to Peloquin's, to see if Marcoux was wounded. It was 
 between seven and eight that he went to Mrs. Paul's first. There was nty 
 conversation there as to what were the intentions of those there assembled. 
 He saw Marcoux in the house, along with several other persons, who were, 
 drinking and singing songs ; Marcoux himself said nothing. He cannot say- 
 how or when Marcoux came there ; he took a glass and went out of the door 
 alone. He did not see Marcoux afterwards, until he saw him wounded. The* 
 witness was in the street. The people along with the witness had no sticks 
 with them. The witness was one of the Patriot party, and the other party 
 were Bureaueratt. He walks out at what hour he likes. He had no part 
 to take — his party took one direction and he another, after the ahet was fired, 
 for they all dispersed. He saw a cart with stones upset, but does not know 
 by whom it was done ; the only voice he heard was when James Jones cried 
 out '• fire." It was not very dark, but he could not see all that Was o6our. 
 ring. He has related all he did see. He does not know who upset the cart 
 and cannot say whether it was done against the will of the carter or not. 
 The cart had not reached the house of Dumas, to which he believed the eaH,' 
 wa« going. He saw Dumas there, and saw him pass over the fence of iris lot. 
 He saw Maximo Aussent there, and heard Dnmas cry out that Aussent had 
 atmek him. Dumas was then crossing the fbnce to go upon his- own lot, but 
 he cannot say if there was any person near him. He however saw several 
 persons in the neighbourhood. He never was at enmity with the prisoners. 
 
II 
 
 II 
 
 lie tn&do no decluration reapecting thoin. He never laid that if luie Jonea 
 WHS not hanged, he would hiniioif kill people, at leaat not to hia recoUeotion. 
 Ho wfia near enough to hear Marooux call out that he waa a dead man, and 
 Huppooea that Marcoux to be then on Duinaa'a lot. He does not know what 
 brought Marcoux on the Int. ir Marcoux was going home, he had no buai. 
 no88 going on that lot. He dooa not know how many persona wont into the 
 liouae of Dumas, aflter the shot was fired. It was not to examine the chimney 
 that they went in, but to see who it was that had wounded Marcoux. The 
 witness went in first, the door being open. Ho took a stick which waa near 
 the door, wilii which ho pushed the door back ; he could have done so with 
 hia hand. Ho did not enter the house with the stick in his hand. Ha went 
 in and found Dumas there. Ho laid his hand on the slioulder of Dumas, and 
 said "Come along with me, do not be alarmed." It was not an inhabited 
 house. Dumas came out with him, and ho lei\ him at the door. He aaw a, 
 person strike Dumas ; it was Pierre Touin, who had no stick. He saw hira 
 struck ; thinks that Edward Dennis was there. 
 
 Reexamined by the Solicitor-General — He knows Pierre Carpentier, and 
 saw him examined before the Coroner, before whom the witness was also exa- 
 mined. As far as the witness knows, Carpentier did not appear drunk, but 
 gave his answers correctly. 
 
 Alexis Peloquin, called and examined by the Solicitor-General — He re. 
 collects well the month of November last. It was to his house that Marcoux 
 >yas brought aflcr he had been wounded, at about nine o'clock in the evening. 
 Some persons came into Mrs. Paul's, saying there was a riot in the street. 
 The people there assembled then went into the street, where they found the 
 Jones party. He met Dumas, who put himself into an attitude of defence, 
 and then went upon his lot. He saw James Jones pass by with a pistol, go. 
 ing towards Dumas' house. William was with James Jones They all went 
 to the house of Dumas. He heard one shot, and af\er that heard Jamea 
 Jones exclaim, ** fire, Isaac, fire." He heard the report behind him, and then 
 some one cried out, that Marcoux was wounded. Peter M'Nie struck the 
 witness on the head immediately after Isaac Jones had fired. He beard the 
 report of the pistol of James Jones. Two shots were fired in his hearing af. 
 ter the words " fire, Isaac," wore pronounced. He did not see Marcoux 
 again until he saw him at his house, when Marcoux took the witness by the 
 hand, and said he was a dead man, and that Isaac Jones had killed him. He 
 saw Pierre Carpentier at the Coroner's inquest ; he gave his answers there in 
 a sober state. He did not see him taking any drink, nor go out of the room. 
 
 CroBS-examined by Mr. Driscoll — No violence was offered to Dumaa to 
 his knowledge. Dumas retreated to his lot, and put himself in a defensive 
 
 Eosition. He saw James Jones fire a pistol, and two or three persons might 
 . ave been opposite to James Jones when he fired the pistol. Peter M'Nie 
 and William Jones were then near him ; there being only a small distance be. 
 tween them. He does not know with what the fire-arms were loaded. They 
 were levelled, and not raised in the air. The witness was not wounded by 
 James Jones, nor any other person wounded. He did not see any person 
 coming out of the Widow Paul's. He only saw three persons, and he saw 
 William Jones, Peter M'Nie, and several others of their party. Mr. Picket's 
 party did not assemble, to his knowledge, to interrupt the building of the 
 chimney. There were two masons there with a lanthorn. His party went to 
 the house of Dumas from curiosity. They went to assist in the building of 
 the chimney, although they belonged to Mr. Fickel's party. Seme of Pickel's 
 party brought in stones for the building. They had some rum with them, 
 but they did not intend to give it to the workmen, as they had another object 
 for it. The witness is a patriot. Before James Jonea nred the pistol, there 
 was np noise or tumult. He cannot say who unloaded or conducted the cart. 
 He cannot say which party upset the cart. The witness told James and Wil- 
 
 
M 
 
 litm Jonm that thvv had no oeoauon to make UM of fira.tnna. His bMk wu 
 thin to the oart. Other ihota were fired in the itreeti, but no other pereon 
 waa wounded. After they had fired, William and James Jones and Peter 
 M'Nio ran away. The witness pursued Peter M*Nie, who turned round, and 
 struck witness on the arm with a piece of iron. He says he did not strUi* 
 Peter Baley, nor any other person. Ho did not see Maroonz on the lot of 
 Dumas. The witness wont to Dumas' house after the firing, havinf heard it 
 said that a man was there with a gun. Page asked Dumas if be bad any fir* 
 arms ; be replied, that ho had not, and tliat he might search him. A seareh 
 waa made, and none wore found. 
 
 It being now six o'clock, the Court ordered the Jury to be taken in oharM 
 by the Deputy.Sheriff, and under the care of constables were condactod for 
 the evening to Swerds* H itol. 
 
 The Court adjourned till nine o'clock the next morning. 
 
 Thursoat, JlfarcA 5, 1835. 
 
 At nine o'clock, the same Judges as were yesterday engaged in the trial 
 took their seats on the Bench. 
 
 Tho Jury having boon brought up by the Deputy.Sheriff, and the prisotaere 
 put to the bar, the case for the Crown was continued. 
 
 Padl PELoauiN, called and examined by the So]icitor«6eneral. — ^He litefl 
 St Sorel, and was there in November last, when the accident happened t6 
 Marcoux. He knows the house of Dumas, and that of Mrs. Paul. At about 
 nine o'clock of the evening of the 5th November, he went out of the house of 
 Mrs. Paul with a number of other persons, and he saw a gang of people faeing; 
 them, who began to discharge fire-arms, after which he heard James Jonea 
 say to his brother, ** fire, Isaac, fire" He could not then see James Jones, 
 but he know his voice well. He has always been on good terms with Jame* 
 Jones. After having heard the words " fire, Isaac," he heard the report of 
 some firo.arms discharged. He does not know that any body was Woundeil 
 by the discharge of this shot. About a quarter of an hour after that shot, IM 
 saw Marcoux at his brother's, Alexis Peloquin, who is an innkeeper. This 
 was the first time he saw Marcoux after the shot ; Marcoux then exhibited ttt 
 the witness his wound ; it was under the navel ; and he told him that it was Isaato 
 Jones who had shot him. Subsequently a warrant waa issued for the arrr< 
 of Isaac Jones, and all his party. Isaac Jones was brought to the haamt 
 where Marcoux was lying on a sofa. Marcoux said to Jones •' go away, yoa 
 have given me my death blow ; you are the author of my death." MareouK 
 was aware of his dangerous state. After the report of the shot, he heard no 
 cries. Prior to the discharge of the fire.arms, his brother, Alexis Peloqui >, 
 cried to them, *' don't fire, we can speak to one another without firing." Ha 
 did not see either of the prisoners at this time. He had not seen them at tlip 
 
 foil in the course of that day, not having been there himself. He knows 
 'ierre Carpentior, and saw him during the election near to the house of Wi. 
 dow Paul Hus. This was on the 5th November. He saw him there aflw 
 the wound was given, but had no conversation with him. He never told hia 
 what evidence he should give ; never held out any threats to him ; nor said ha 
 would poison him. He never gave him any liquor to induce him to give evi< 
 dence. 
 
 Croa9.examined by Mr. Boston. — The witness was apprehended as well tta 
 bis brother, Alexis, and now is under bail. He was at the Widow Paul's that 
 evening between six and seven, and was amongst the first there. There were 
 seven or eight people there ; he had left his own house, and stopped at his 
 brother's, but had no conversation with the persons then present. He went 
 to Mrs. Paul's, because the widow was his cousin, and also to see the ehim* 
 ney that was building. There was a conversation about the chimney at bis 
 brother's, but he left tho huuso, and went to hia cousin's. He first went to 
 mm Dumas* iiouse. A nnmber went in, perhaps some seven or sight. He 
 
 o 
 
 ^ 
 
—- — l.»llll»« 
 
 ^ 
 
 m\ 
 
 Mw the inaMM working, and th« maaona aaked hia partv for atenea. Thajr 
 went into the hoaae to render the maaona whatever aerrlce they eeuld. H* 
 aaw no ahaving a there. He thinka they all left the houie together. Th« 
 men were ainglng anngi. He ia poiitivethat he brought in no ahavinga, and he 
 left the maaona working. Tlie witneaa heard no fieraon aoducing the mnaene 
 away fl-om their work, but he aaw aome poraon treating them to Hrink, but it 
 waa not the witneaa, and lie cannot aoy who it wea. Francois Canturn waa 
 one of the maaona working. He knowa nothing of the alnnea being aoalter< 
 •d about. Tho witneaa auboequently went into Widow Pnut'a, wliere each 
 took a glaaa, and after that, he came out. He waa about two houra in that 
 house, and he cannot aay if all that wero within came out together. Tho 
 witness waa not the flrat to come out ; he only went out to aee tho people who 
 were coming in another direction. Some person hnd mentioned, that a gang 
 waa coming up, but he cannot aay that Marcoux was the person who aaid it. 
 The witneaa went out, but not to insult them. None of his party had any 
 thing in their hands, neither sticks nor roils. He heard shots, and then went 
 away to hia brother's, but did not run, although he felt alarmed. He aaw no. 
 thing of a cart, nor of a carter seated on a loadof atnnoav He doea not know 
 that hia party upaet the cart. He waa not in liquor. The witness decUrea 
 he heard no noiae nor tumult before ho heard the report of the gun. He waa 
 then oppoaite the widow's house. The report came from his right, and he 
 afterwanrda heard three or four reporta. He thinks the third report came from 
 the other aide of the atreet. When he heard the word •• fire" he cannot exact, 
 ly aay where was the person who fired. The man who cried " ftrc" waa near 
 Dumaa' houae. He did not lay hold of any person who ran past him, but ha 
 followed a person to know who he waa i he ohaaed him, but atill waa afiraid of 
 him. He only wished to recognize who fired, and he does not know why tha 
 man ran. The witness aaya he atruck no peraon. He knowa Poter M'Nie, 
 but did not full in with him that night, and ia poMtivo he atruok no peraon, 
 aa he had nothing in hia hand. Hia brother Alexis bad nothing in hia 
 band, and he waa atruck in the arm, but he waa not all the time in company 
 with hia brother. The witnesa again repeata, that he heard no tumult. He 
 ia not a companion of the prisoners. The witness lives about three quartera 
 of a mile from Sorel. He knows Jamea Jones ; haa often spoken to him, and 
 would know him by hia voice. He did not aee him, but he rocogniaed hia 
 voice. He distinctly heard the words, " fire, Isaac." Dumaa had tho wit. 
 aesB apprehended because ho was on the side of the Patriot*. Mr. Pickel 
 waa the candidate of the Canadian party, but the witness had no vote to give. 
 If he had, he would have given it to the Patriott, but took no part in tha 
 alection. He drank occaaionally, but paid for it himaelf. ,, . 
 
 Examined by the Court. — He cannot aay who the person waa that ha 
 puraued. 
 
 Movaa DuPLsasiB waa again called up to be re>examined by the Solicitor. 
 (Seneral. — (Mr. Hart oppoaed the examination of tho witnesa, on the grounda 
 that he had been preaent in Courl during the evidence of Pierre Carp<>ntieri 
 in relation to which, he understood the Solicitor-General waa deair'>ua of exa. 
 mining the present witness. The Court allowed the witness to be heard.)— 
 He knowa Pierre Carpentier ; and he heard all the witnesaea examined before 
 the Coroner. The inquest waa held at the tavern of Charlea Gouin, and it 
 hated more than one day. There were heard about twelve or thirteen wit. 
 neaaea. He heard Carpentier give hia testimony there ; he haa known him 
 for ten or twelve montha, and haa aeen him often. He had no converaation 
 with him before the inqneat, on the aubject of Maicoux's death ; he never 
 offered him anything to bribe him to give particular evidence. Before witnnae 
 came to Montreal, Carpentier came into the inn, and witneaa asked him if 
 aoy person had offered him money to quit the country ; he replied, " yes," but 
 ■aid "let me got the money, and' I will laugh at them all." Dr. Haller and 
 dome othera were then preaent. Carpentier appeared quite sober during bia 
 
kit 
 
 •vidcnoe, and gave h m otbara did. 
 yraaeni whan he wm exainined. 
 
 Both Mr. Hart tad Mr. SUftlty wan 
 
 bot 
 
 . 'Cnu.»m$miHtd ky Mr. Hakt.— Ho waa praaant aad waa azaminad at tha 
 Coronnr'a inqueit, bat wua not croii-examinad. Thin waa on the laat day. It 
 waa Mr. Hurt thut croaa.exniniiiod Carpontier. He thinka Ilia Coroner would 
 «ot have Uken the depotition ol' a drunken peraon. It ia not tu hit know, 
 ladfa that coinpluiuta were made that tho Jurora and witnoMea were drinking 
 at the bar. He liiinaelf took a glaaa with Mr. Stanley, and nuffht have drank 
 with a«RM other gentlemen. He waa in Court during p<rt of the tiine that 
 Carpontier guve Tiia evidence on thia trial. He waa preaent when Car. 
 
 tantier aocuaed the witneaa of making him offura of money. It ia not to hia 
 nowledge that Carpontier waa fortiiaden to return to Ike aervice oi M'Nia. 
 Ha never told the Solicitor-Oeneral to be eautioua of Car|>enlier ; he gave no 
 Airther information to the Crown Officer, except a Itat of the namea. Car. 
 pentier waa not on that list. He has spoken to aeveral of the advocates em. 
 ployed by the relativea of the deceaaed. He doea not think it neceasary to 
 aay to whom he haa spoken. He does not know that he told any other ndvo. 
 catea that Carpentier waa not to be depended on. Ho haa aeen Carpentier 
 aeveral times pass by ; haa aeon him since in Montreal. 
 
 FiBHaR Cardin, eailed up and examined by the Solicitor.General.— Ha 
 knowa Pierre C'lrpentier, who waa in the employment of Peter M'Nie. He 
 ramemliera a Coroner's inqiieat on Marcoux'a body, at the house of Charles 
 GoHin, but waa not present when Curpentier made hia deposition ; he had no 
 eonveraation with Carpontier previously to his giving his deposition. 
 
 Dr. Edward W. Cartbb, called and examined by the Solicitor-General.— 
 The wilnuss is a Justice of Peace fur the District uf Montreal, and resides at 
 Sorel. He wax there when Louis Marcoux was killed. He took the depo. 
 aition of Louis Mircoux. The deposition exhibited to him by the Solicitor. 
 General la the same. It is dated on the 5th of November, and waa taken at 
 Alexia Peloquin's tavern, where Marcoux then was. 
 
 ° The SoLiciToa Obnekai/— I move that the depoaition of Marcoux be read 
 to the Jury. 
 
 Mr. Hart — I object to the application, the paper purporta to b4 the depo. 
 aition of the deceaaed, Louis Marcoux, and is offared as his dying declaration. 
 Now may it please the Court, 1 refer your Honors to the avidenoe of Dr. 
 Haller, who swears that he was the medical attendant of Marcoux, and that 
 Marcoux had confidence in him ; be also stated that he had given Marcoux 
 hopes of life. 
 
 The Chief Justice — Yes, but he stated that Marcoux did not appear to ba 
 influffncad by his encouragement. 
 
 Mr. Hart — That, may it please your Honors, I contend, ia immaterial, 
 and 1 will refer the Court to positive authority on this point. 
 
 The Solicitor General — The learned Gentleman, may it please your 
 Honors, does not know in what shape the paper is offered. I beg to offer it, 
 and ask that it may be read as the deposition of the Crown witness, who ia 
 now dead. 
 
 Mr. Hart — Tn that case, I again oppose the application, but muat beg to 
 aak the witness, before stating the objection :->-Were the prisoners present 
 when the deposition was taken 7 
 , Dr. Carter — They were not. 
 
 Mr. Hart — I now object to the paper being read to the Jury, aa it waa net 
 taken in the manner preacribed by the Statute of Philip and Mary. 
 
 The S«licitor General — Aa the objection of my learned friendAppeata to 
 be well grounded, I beg to offer the paper, aa the declaration of tha deceaaed, 
 taken tn extremit. 
 
 Mr. Uakt— The application of the lofuraed SoUcitoi General, I contand, 
 
« 
 
 may it pl««M yoar Honon, cannot be gnnted. Daa«on, in iiia Digttt of tho 
 Criminal Law, {terho Evidanoo, (> Dying Daelarationa.) atatea that whar* th« 
 •urgaon ahall give tlio deceaaad hopaa of lifa, the declaration ahall not be 
 taken aa evidence. I alao refer the Court to Wellbourne'a caae, 1 Eaat, P. C 
 858« and to Chriatie'a caae, in Carrington. C. L. 30S. Now, may it plraae your 
 Honora, it ia neceaaary that the peraona who give the declaration ahould be 
 impreiaed with a religioua belief of hia approaching diaaolution ; and it is a 
 queetion for the Court to decide whether or not the declaration ahould go to 
 too Jury. In thia caae we muit connect the teatimony of Dr. Halier with 
 that of Dr. Nelaon, and certainly I conceive, that the man who makea uae of 
 tiie coarae vindictive exprOMiona which Dr. Nelaon haa atated were uttered 
 by Marcoux, could never have been impreaaed with a religioua belie I of hie 
 approaching and inevitable diaaolution. 
 
 The BoLiciToa Okneral — If the learned Counael would not oonaider it an 
 interruption, I would beg of the Court to allow mo to aak of the witneae — the 
 atate or mind. 
 
 Mr. Hart — Thia ia extremely irregular — may it please the Court, the Soli, 
 eitor General might have proved that before he ofibred the paper, and I con. 
 tend that it ia not now competent for him to aak the witneaa any quealion, be. 
 fore the fate of that paper be decided. 
 
 The CHicr Jurtice — Thocourae ahould have been to have firat aaked of the 
 witneaa tho atate of mind of Marcoux, when he gave the depoaition. Reaerve 
 the objection, and let the Jury hear what the witneaa aaya on thia point. 
 
 Dr. Carter — He gave Marcoux hopea of life ; does not know what effect 
 the encouragement had upon him ; cannot aay what waa hia atate of mind 
 when he made tho depoaition ; both Dr. Halier and witneaa told him that tba 
 wound waa not neceaaarily mortal. 
 
 The Solicitor General here atated that he would not preaa the reception 
 of the depoaition. 
 
 The witneaa then continued. He waa not employed as a medical man on 
 the oeoaaion of hia viait; he went aa a magiatrate, but examined nevertheleas 
 the wound, and did not coniider it immediately mortal. Marcoux himaelf 
 appeared very apprehenaive of dying, but was encouraged with hopea by the 
 witneaar and he did not appear apprehenaive of any immediate danger. He 
 knowa Pierre Carpentier, who took a depoaition before him. He appeared 
 perfectly aober. This took place on the same night that he took Marcoux's 
 depoaition. The boy was brought before him by aeveral persons. He never 
 would have taken hia depoaition if he believed the boy to have been intoxU 
 eated. The deposition waa written out, and the boy gave the facts in a coL 
 leeted manner. It was then late at night, in a crowded room. 
 
 Cro««.examtn«(I by Mr. Arkoue. — The boy Carpentier was brought beibro 
 the witneae by several of the parties. He remembera Alexia PbloquiD, 
 Moyae Dupleesia, and Martin Paulet, being there ot the time. He does not 
 know of any person but li. M. Viger, Esquire, interfering. Dr. O'CaU 
 laghan wrote out some of the depositions, and thinks he drew out Carpen. 
 tier's deposition. Several persons were round the boy when he swore to his 
 deposition ; it was a tavern, but he saw no drinking ; the people kept going 
 in ana out. Carpentier came from the bar, where he might have taken liquor 
 without the witneaa perceiving it. The deposition was certainly read over to 
 the boy« who acceded to it. The witness thinks he read a part of the depo. 
 sition to Carpentier, and that some other person read the remainder. - ■< 
 
 Mr. Armour applied t6 the Court for the deposition of CarpeBtter, to 
 enable the witness to be satisfied whether it was taken in his own nand writ, 
 in^, and whether ho had read the whole or part of it to the boy. The depo. 
 siteon was then produced. 
 
 Ths witness continued. — Tho deposition is altogether written in the Jund 
 
writing bf wilat*. H« thinkt th« boy wm Mber wh«D h* nMd« it. Nobody 
 ■Utcd to bin that Carpcntior cv> lU prure lucb •iid tuoh faeli, b«rui« tb« 
 depotttloB wta writton out. 
 
 Maximb Aumint, called and esnmined by tho SoIioilor.Genoral. — Ha ia • 
 farmer, livinf with hia father wluti lio i* not oOierwiae eiiKOKcd ; and ia 
 twenty-three year* of age. He waa at llm Widow Paul'a the evoning that 
 Marcoui waa killed. lie aaw n horae at lii< house, which waa not lied up. 
 He aaw Marooux coming into luo liouMe, and apoke to him; but did not 
 apeak to him outaide of the houae. He aaw Marcoux at tho houao for about 
 half an hour, and had acen him come out of tho ealtehe. Ho lio»rd no report 
 of any fire arma, until after Marooux want towards tlio houRe of UiJfiiaa. tl* 
 remained in the aanie apot near the houae of Dumaa, and did not follow after 
 Marooux. He thinka ha waa thon ten or twelve feet from Dumaa' houae. 
 Heard the report, and heard aome one apeak. Ho reoeivod a i)luw on tho 
 ahoulder and arm from Jamen Jonea, but doea not know wheiliur it waa with 
 a atick or not. He aaid to Jamea Jonea, •• it waa you, Jamoa, who did it." 
 AAer being atmck, he heard Jamea Jonea cry out " fire, iKaac ;" and imme. 
 diately Jamoa Jonea fired a piatol at the witneaa, which misaed him. He hearC 
 the report of a gun behind him, bofure tho piatol waa firod. He thon heard 
 two more reporta, one of which waa diachargod in the air. Ho did not go to 
 oee if Marcoux waa hurt; but waa told ho waa mortally wounded. He aaw 
 Marcoux lying on the aofa, who took him by tho hand, and aaid that laaao 
 Jonea had done for him. He remained with him for threo hours, aa Marcoux 
 alwaya conaidered witneaa aa one of hia frienda. Whilo apeaking, Marcoux** 
 wife came to hia aide ; upon which Marcoux aaid, " my dear wife, had I 
 taken your advice, thia would not have happened." 8he replied that alie waa 
 nat reproaching him. To pacify her, Marcoux then aaid he would get over 
 it. When he ahook handa with Marcoux, it waa before hia wife cam* in. H« 
 doea not know whether Marcoux had any family. 
 
 Cron.examintd by Mr. Daiaooix. — He had hoard that they were going t« 
 build a ohimney to the houae of Dumaa ; aaw tho men there, but they were 
 then not at work. He went into Dumaa'a houae, whero he aaw two maaona. 
 He did not aee Louia Allard ; he thinka there were aeveral in the houae at 
 the time he waa there ; he ia aure that Alexia Peloquin and Alexia Paul Uaa, 
 with others, were there. When he came to the house all was finiahed ; ther* 
 were no materiala, and he does not know why they did not work, for he heard 
 them givo no reaaona. He hoard aome one aay •' Come along with ua, and 
 yon wmI be well." and that they bad got drink, but he did not aoe it. No m»>. 
 nacea or threat* were made to hia knowledge, and there waa nothing to alarm 
 them. He aaw none of the people aaaiating in the building, but aonio stones 
 bad been laid. He waa at the Widow Paul'a at nine o'clock, where ther* 
 ware aome young girla. The company eonaiated moatly of young persona ; 
 it ianot a public houae, but he heard nothing said there of their waiting there 
 for the arrival of the other party. He heard some peraon aay that they ware 
 
 fone to get aome more atones, and that thoy would go ond lend them a hand, 
 [a cannot aay whether thia waa said in good faith or not, i>'l '""">ux cama in 
 about nine o'clock. He dooa not know what brought bin. married mair, 
 there, but aaw him there two or thrc«> timea. Ha aaw him ^et out of a ea. 
 Uehe, and that he left his cloak in the caleehe ; he then had a cane in his 
 hand, about aa thick aa his thumb. He seldom went out. without a cane, but 
 it waa not a stick. He did not see him with the cane while he was in tha 
 ealeche, but saw it when he was in the house. The witness was about ten or 
 twelve feet from the house when tlie other party came up ; he did not hear 
 any one say " now, boys, coma out." Somo person laid hold of Dumaa, but ha 
 does not know who it waa. He hoard that a cart had been upset. Tha wit< 
 nesa would not aay at firat whether he bad upset the catt, but imally acknow. 
 lodged that he did ao. He said, that having been fired at, ho immediately 
 upset the cart. He had hw hand on tho cart when ha tras fired at. It was 
 
CrMM 
 
 not his cart. He put hia hand on the wheela withoat any intention of injur, 
 ing the cart. He was the only peraon near the cart, but others were in hia 
 rear. AH these persons were out in the street, when he laid hia hand on the 
 eart. He received a blow, and in falling, pulled the cart down with him. — 
 The witness does not know why the opposite party stopped before they 
 reached the house of Dumas. The first occount he heard uf any violence 
 having been committed, was from Dumas, who called out that he was struck 
 by the witness. On hearing this, he ran up and told Dumas he had not 
 atruck liim, and lie positively did not strike Dumas. It wus subsequent 
 to this, thut some one vried out that there was an armed person in the hou se, 
 and which first caused any disturbance, in consequence of the search that 
 was mude. The opposite party ran up like a band of assassins, crying out 
 " fire, fire," ** kill." He had previously asked for a knife, to cut tobacco, and 
 had borrowed one from Widow Puul. His party had neither stick nor rail. — 
 No violence was oifered by his party within his view, and he heard four shots 
 from the other ; ho was told that fiv« wore shot, but he heard only throe that 
 were fired near him, and the one which passed between his legs. If he had 
 had a stick in his hand when he was btruck, he would have defended himself. 
 James Jones struck him while his hand was on the cart, and he saw no carter 
 at the time. 
 
 Rcexaminrd by thx Solicitor Grneral. — He did not see James Jonea, 
 when he went across the street to tell Dumas that it was not the witness that 
 had struck him. If he had not receivud the blow, he would not have upset 
 the cart. He thinks that there was another who assisted him in so doing. 
 
 Xavier Paul Hub dit Couknover, called and examined by the Solicitor 
 General. — He was living at Sorel in November last, and occupied a house 
 there. He saw Marcoux after the accident. On the evening of the accident 
 he was not at Widow Paul's, but was at Grenier'd, which is noxt door. Be> 
 tween eight and nine, he saw a number of persons in the street, and heard 
 some noise and several shots. Immediately afterwards he heard that Marcoux 
 was shot, ond went to Alexis Peloquin's to ascertain the fact. There he saw 
 Marcoux, who said it was all over with him, and that Isaac Jones had fired at 
 him. Next morning he saw Marcoux, who then said he had no hope of his 
 life. Marcoux always passed for an honest man ; he was hasty, but he was 
 a humane man, and is much regretted in the borough. 
 
 Croai-examtned by Mr. Boston. — In the tumult which occurred, he took 
 no part, and when he ran out and found sticks and stones flying, he went 
 away. He did not see Peter Baley that night, but heard the next day that 
 Baley had received some blows ; he did not strike nor see Baley. The people 
 had no arms nor stones, and he saw nothing in their hands. Several persons 
 were at Grenier's house ; they had heard that a chimney was to be built that 
 night, and went from mere curiosity. The witness believes himself to be 
 what is called a Patriot. 
 
 Francois Rondeau, called and examined by the Solicitor General. — He 
 was at Widow Paul's on the evening of the 5th November, about nine o'clock. 
 Marcoux and Andro Lavallee he knew, but he did not see Marcoux at that 
 time. Shortly after ho saw Lavallee with his eaUehe, and then heard the re. 
 port of a gun, as if coming from the corner of the house on the street. There 
 was no noise before this report, and after the report, he beard the worda 
 " fire, fire," and then the report of a gun ; he was then in the street, about 
 thirty feet from Dumas' house. He does not know whose voice it was that 
 cried *• fire, fire," as there was so much noise. Maximo Aussent, whom he 
 knows, went out with him. Aussent was sitting on the cart, when the cart 
 and driver were upset together. He saw Marcoux afterwards at Peloquin's. 
 
 Cr9»$^xamined &jr Mr. Boston,— The reason why he was out that night 
 
 M 
 
2S 
 
 wit beesuM he WM in tba habit of ipending hia ev«ninM at Widow Pa«]'«i 
 and went there with no deaisn. Others were there before him, and ho had 
 no invitation to go there. They had no particular conversation, but amused 
 themselves in singing, .'tiarcoux camo in and sat down, and afterwards all 
 went out together. It as before the report of the gun that they went out. 
 
 Pierre St. Martin, called and examined by the Solicitor General.— Ho 
 lives near Sorel, and was there the last day of the election, having arrived in 
 the village between seven and eight o'clock. Both the prisoners he knows ; 
 be wont to the shop of James Jones that day, but not on business. They 
 spoke concerning the election, when Jones told the witness not to go to the 
 poll, as possibly some disturbances would ensue. The witness then went 
 home, and did not again return that day. 
 
 Crosa-examined by Mr. Boston. — He has no knowledge of any thing that 
 took place at the poll, nor of the death of Marcoux. 
 
 Martel Paul Hub dit Cournover, commonly designated Martel Paulbt, 
 called and examined by the Solicitor General. — He lives at Sorel, and lived 
 there on the 5th November last. With Marcoux he was intimate. He was 
 not at Widow Paul's nor at Dumns' house the night when the shot was fired, 
 but he went to Peloquin's, where his party were usually in the habit of resort, 
 ing, and shortly afler left that place with Mr. Pickel to look for some vote*. 
 When they arrived at Charles Gouin's, they found several people there 4t 
 supper, and while there, Levallde came up and announced the fact that Mar- 
 coux was shot. They then left Gouin's, and went to Peloquin's ; when ar< 
 rived there, Marcoux was lying on the sofa, and Dr. Haller with him. Mar> 
 conx said " I am mortally wounded," and being asked who had shot him, he 
 replied, *' Isaac Jones." The witness was then asked to go for a MagistratCi 
 but he declined, saying he did not know where to find one. Marcoux related 
 to the witness that he met Isaac Jones face to face, and that Jones had hw 
 gun pointed to his breast, that lie, (Marcoux) said " what are you about," 
 that a voice then cried out, " lire, Isaac," and that Jones then fired and dis. 
 appeared. He has known Marcoux for the last eight years; he was of a good 
 character; a courageous man, who would always defend his own rights ; ha 
 was a well disposed and bumaao man, and his death is much regretted in 
 Sorel. 
 
 CroBB-examined by Mr. Hart. — Marcoux distinctly stated that Jones and 
 he had met together, and in meeting, Jones presented his gun to his stomach. 
 Marcoux said ho asked Jones what he was going to do, and that he (Mar. 
 coux) then heard a voice crying " fire, Isaac, fire." He further stated, that 
 with the cane ho had in his hand, he touched the gun, saying, "what are you 
 about." The witness admits he did not state any thing concerning the cane 
 in his examination in chief. He also admits having had a dispute with the 
 prisoners. He never said nn board ot' a steamboat, that he would hang the 
 prisoners, but he might have said that if they had killed Marcoux, they de. 
 served to die. He did not interfere more with the inquest, than any other 
 honest man would dn. During the inquest, Mr. Hart made several com> 
 plaints against him, as well as against many others. In the room he spoke 
 to some of the witnesses, but he did not call any of the Jury out of the room 
 to tamper with them. He knows a man named Berard, but had no converse, 
 tion with him with regard to the trial of the prisoners. 
 
 Pierre Trioanne, called and examined by the Solicitor General. — ^The 
 witness is a bailiff and tavern-keeper at Sorel, and remembers the 5th No. 
 vember, when Marcoux was wounded, for he went to soe him that evening at 
 Peloquin's. Ho does not think he saw Isaac Jones, but he saw James that 
 day, at the bouse of William Jones, when be was alono. Some people came 
 
 I 
 
m 
 
 t)(at ovoning to hia houM ; he doea not think Jamoa Jonea waa with them. 
 Ainon^ them waa Peter Baley, apparently in liquor. They aaked for jrfatola. 
 
 Cross-examined by Mr. Boston. — The witnesa ia a BaililF of the Court 
 of King's Bench. Peter M'Nie nnd Baley opened the door of ht« 
 house, nnd they asked him to accompany thorn, but ho declined going, aa ono 
 of his children was unwell. He understood that a cart had been upset, and 
 tho object of getting the witne:js to go, was, he thought, to have him to aa- 
 sist in tho building of the chimney, M'Nie said that no pistols were wanted, 
 when the subject was alluded to. Luther Sawtel was one of the party. 
 
 Hector Martin, called and examined by the Solicitor General. — The wit- 
 ness lives in Sorcl, and was not ut Widow Paul's, but nt his own house on the 
 evening of the accident. He knows of nothing that occurred at Dumaa* 
 liouse. Between six and seven tiiat evening, several persons were aaaembled 
 at Alexis Peloquin's, and some one said, "you are all quiet here, while otbera 
 are working at night," and then said that a chimney was building at Dumaa'. 
 The witness, with six or seven others, went out to assist the masons. They 
 asked for some stones, and one of his party brought in a stone, and they theh 
 asked for mortar. A woman came in at the moment with chips. Hia party 
 only went to amuse themselves ; they sat down on a board, and asked the 
 masons how much they were to get for the work ; one of them answered that 
 it was ten shillings for the night. The work waa not going on ; the masona 
 did not appear offended, for they took it in joke ; they then went into Widow 
 Paul's, and the wiiness returned to his own house. All that he can recollect 
 was, subsequently hearing a noise, and tho report of some fire arms. Having 
 heard the noise, he returned to Poluquin's, where he met Dr. Haller, whom 
 he asked what was the matter, and received an explanation. He asked thA 
 deceased who had done that to him, and Marcoux replied that laaiac Jones 
 waa the cause of his death. He then entered into no further detaila. He aaw 
 Marcoux ailerwards, but never conversed with him about the wound. 
 
 Cron-examined by Mr. Driscoll. — The number of peraona within the 
 house he cannot state, and he was not told how many maaona there were.— 
 It was originally agreed, that they should go and assist the maaona, and the 
 latter did nob appear to be offended at their offer. The maaona appeared to 
 leave the work from the want of materials. No building materials were aeat- 
 terod in the street, in his sight, though there might iiavo been. At about 
 nine that evening, he heard a great noise. He lives about eight or nine acrea 
 from the place. He haard the report of a gun, and then a great noiae and 
 -tumult. Marcoux was a remarkably quiet man, and waa one that would do 
 his duty, though he might sometimes quarrel, for his own interest. 
 
 Joseph Lauer, callsd and examined by the Solicitor General. — Ho livet in 
 the village of Sorel, and is a shoemaker ; he waa living there from the com- 
 mencement to the close of the election. Isaac and James Jones were both 
 there during that time. James Jones made no threats, and ho knows noth. 
 ing respecting the prisoners. Tho witness was discharged without farther 
 examination. 
 
 - Francois Tibcs Cantara, called and examined by the Solicitor General. — 
 By trade he is a mason, and was living at Sorel en the 5th November, and 
 was employed that day to build a chimney to the house of Dumaa. Louis 
 AUaid met him between four and five o'clock, and said ho wanted him, as he 
 was employed to build a chimney. The witness at first had some reluctance 
 ingoing, but on further conversation consented. Ho did not like to refuse 
 him, as he had voted for Mr. Jones. When he asked what he would aHow 
 him for his labour, AUard remarked he would be well paid ; upon which, wit. 
 neaa declined working at tho same rate aa during the day time, aa tho time 
 
87 
 
 ItlMiM. 
 {•tola. 
 
 I Court 
 >r fan 
 
 laa one 
 
 \t, and 
 to as. 
 
 knted, 
 
 ibr finiahing the chimney Wm limited. The witnefea than ramurked that if ha 
 waa well paid, he would employ hia journeymen, and it waa then agfivad that 
 all the mater iala ehoaM be upon the apot alter aupper. When he raturaed to 
 the place it waa about aix o'clock, when he found neither the materiala nor 
 other peraona on the apot. Finding nothing there, he propoaed to hia jour, 
 lioymen to go over to hia aiater-in.law, at the opp<)atte eorner, to wait till the 
 materiala came. After remaining there about fifteen minutea, Dumaa arrived 
 with a light, and they then had some worda regarding the abaence of the ma. 
 teriala. Afterwards he perceived that a cart with aome aton«a had arrived, 
 and he told them all to go to work. Having desired Dumaa to pat him in 
 poaaeasion of the work, they entered the house at the back door, and having 
 formed his plan, he commenced his work, aasisted by two neighboura, whom 
 he desired to bring him in the atones. After having laid the foundation 
 atone, he ofl^red to Dumaa the hammer, aa is usual, to get a drink from him | 
 but Dumas said he had no money, but would bring aome drink after aupper, 
 and he then retired. The work waa proceeded with, when a few minutea 
 after, aeveral persona came into the plac^. When he aaw them, hia hair 
 nearly atood at an end with fright. They came in laughing and joking, and 
 aaked him what he waa about. When he then called for stone, they pretended 
 to offer to lend him a hand. One person brought stones, while another 
 brought chips, instead of mortar. One asked him now much he waa to have, 
 but he gave him no satisfactory answer, having used worda of no meaning. 
 They then all laughed, and asked the journeymen what wages they were to 
 have. One of them mentioned ten shillings ; when he waa aaked would he 
 not take ten ahillinga and go elsewhere to amuse himself. A similar blEsr 
 waa made to thewitneas, which he refused, as they were not on hia aide.— * 
 To entie« the men, one person produced a flask of spirits ; the liquor waa 
 offered to them, und the witness drank a little, and he thinks he then gave 
 the flask to his jouti;cynien. He again aaked for stone, and was told there 
 was none, but did not hiiTiself go to see if it was true. He does not think 
 that he had used many stotes, but aa there was no mortar, the labourers want 
 off, and he dropped work. He was again asked if he would take ten ^il. 
 lings, 'which he refused. The wilnese then sat down, on the boards, and upon 
 consideration, thinking that his journeymen had gone to collect a party, and 
 having a family, he thought it more prudent to retire. No violence was of. 
 fared to him peraonally, but he was afraid of one of the bullies of Mr. Pickel, 
 who waa paid three dollara a day, and who had insulted him before. Tbm 
 person was his own cousin, Pierre Touin. The witness then left the place 
 and went to his own house, all of them parting on good temui. Tbia might 
 have been about aeven or half-past seven. 
 
 Crots^xamined by Mr. DaiscoLb—He heard it atated that there would be 
 murder in the village before the election was over. He hp.d one Flammandl 
 and two labourers with him, and waa certain that theae people could build the 
 chimney. The flask alluded to, contained three giUa, or perhaps half a pint. 
 For himself, he took about half a gloea, and handed it to Flammand. Ha 
 aoon saw the inutility of proceeding with the work. Next morning be went 
 to look at his work, and found no stones there. To him it appeared danger, 
 ous to stay there, though he cannot swear, yet he thinks, that the party came 
 there to interrupt his work. With his hammer and trowel he could have de- 
 fended hinraelf against two or three persons. The morning that Marconz 
 died, he was going to a funeral, and saw some people standing outside of Da. 
 mas' fence. 8ome blood was then ahewn to him, which waa Marcoux'a, and 
 a stick that was pointed out to him as Marcoux's, which witness picked op, 
 eayvng he would bring it to the Coroner. The thicknesa of it waa aomewhat 
 larger than a conatable's batten. The man who pointed out the stick to bim 
 veuld not awear it was Marcoux's atick. At thia moment, the witnea* was 
 called to the funeral, and unwittingly dropped the atiok on the lot, and en hia 
 return the atick was gone. 
 
 C 
 
 ZJfl 
 

 Marir Bunibr wm called by the Solicitor General, to eitabliik ■ome dying 
 deolarationa of the deceaied, but ai ahe acknowledged having been in (jourt 
 and having heard the evidence of Dr. Nelson, the Court, on the motion of the 
 Counsel for the prisoners, refused to allow her to be examined. 
 
 Louise Benoit, Widow Paul Hub, otherwise called Widow Coton, called 
 and examined by the Solicitor General. — She lives at Sorel, and is now a 
 widow. Many persons frequent her house, as she permits people of good 
 character to meet there. She thinks that at about nine o'clock on the 5th 
 November last, about fifteen or sixteen persons came to her house. One of 
 that party was in the habit of coming much earlier than that hour. These 
 people generally spend the evenings in singing, and other kind of aniuse> 
 ments. She heard no conversation relative to the election, and nothing oc> 
 cnrred to disturb the harmony of the company. There was no plot discussed, 
 and she does not think that the assembly was any thing more than accidental. 
 There are people resorting to her boose at every hour from five o'clock tilt 
 eight or nine. She cannot say why so many assembled there that night. At 
 about nine they all retired, and in general her house is generally cleared by 
 that hour. She heard of nothing after they had retired ; she heard no shots, 
 for her door was shut ; she saw no sticks, canes, nor arms, and she has no 
 knowledge of any tumult at Dumas'. 
 
 Crota-examined by Mr. Driscoll. — The relations of the witness, and the 
 beaux of her young girls generally come to her house, but she does not know 
 what brought Marcoux to her house at about six o'clock. He was only there 
 once, and went away very early. At nine o'clock the whole party retired. 
 She heard no conversation as to the purpose for which they assembled. Upon 
 other occasions, she has had more people in her house than there were there 
 that evening ; she heard no reports of guns, nor any other noise, as she is 
 nther deaf, and she had closed her shutters before the people came in. [She 
 was then questioned by Counsel in a very low tone of voice and instantly re- 
 plied.] If Marcoux had a stick in his hand, she did not see it. She saw no 
 •tick with one Louis Roy, and she was not present when a stick was found 
 on the lot of Dumas. 
 
 Francois Deouise, called and examined by the Solicitor-General. — He re- 
 members the 5th November, and knows Francois Cantara, with whom, at 
 that time, he was journeyman. At Dumas' house, at about half-past six, he 
 met him, and agreed with him to work that night ; no price was fixed, and 
 the agreement was to begin immediately after supper. When he arrived at 
 the house, there were no materials, and, while waiting in another house, he 
 'was informed that a load of stones had boen brought. There were two la- 
 bourers with him ; he dug the foundation for the chimney, but soon found 
 there was no mortar, and only a few stones remained on his side, all of which 
 was brought in. The stones brought in might have made a load. The wit. 
 ness discontinued his work, and sat down on the floor. Several people came 
 into the house, and some of them asked, what they were doing. They wore 
 told that they were building a chimney, at which they remarked, that they 
 never had seen a chimney built at night. They then produced a bottle, but 
 lie refused to drink. They asked the witness how much he was to get, and 
 be, supposing them joking, said he was to get two dollars, upon which some 
 one said, he had better take the two dollars from them, and come away and 
 amuse himself. The witness then asked for some mortar, and an old woman 
 .brought him in some chips. He waited a quarter of an hour for mortar, and 
 finding that none was coming, he determined upon going away ; and Alexis 
 •Peloquin gave him the two dollars. The party had no sticks ; they offered to 
 help the masons, and brought in some stones. The people did not aeem to 
 come in a hostile manner. 
 
m 
 
 Cro»».examined by Mr. Boston. — Loait Allard employed the witneae, and 
 promiaed him good payment. When he repaired to the place, it wai with • 
 full intention of doing the work and earning the wages. Allard employed 
 him along with Cantara, and both were spoken to at about the same time. 
 T^ . witness got two dollars, and supposed that he was not to work, and that 
 4he money was a present from Peloquin. He saw but one load of stones 
 there ; he knew that there were other materials then on the road. Being dark 
 at the moment, he felt much surprised when the people entered, but when 
 they spoke he became mere reconciled. There was a eandle and lanthorn in 
 the house ; he cannot say hew many came into the house. He was disposed 
 to laugh at the affair. He had no interest in the election. Whether it wis 
 a woman or a man that brought in the materials he cannot say ; bat chipy 
 were fitter to light an oven than to build a chimney. Cantara remained some 
 time after the witness went away ; the labourers also wont away. He does 
 not know with what design he was given the two dollars ; perhaps it was 
 with the intention of his dropping the work, and perhaps not. 
 
 Charles Demarais, called and examined by the Solicitor-General. — He 
 was at Sorol during the last election, but is not a resident there now. He 
 knows Peter M*Nic, and was at his house on the 5th November, where he 
 saw James Jones, with some others, and also saw two nr three pistols in their 
 hands, but cannot say whether they belonged to M'Nie or Jones ; he saw no 
 pistol with James Jones, and saw no pistols loaded. No one took them away 
 in bis presence, and the witness went out first. He is positive he did not see 
 them loaded ; he saw gunpowder, and there was a powder-horn, which he 
 took up in his hand. That horn-flask belonged to M'Nie. All this might 
 have been about seven o'clock. He saw no shot in the room. 
 
 Croaa-examined by Mr. Hart. — He again repeats, that during the evening 
 he neither saw shot nor ball, nor did not see the pistols loaded. He was one 
 of the carters that conveyed three loads of stones to Dumas' house, and seve. 
 ral persons accompanied him. While on the road, a ealeche passed by them 
 in the streets, the same caieche had passed M'Nie's door previously, but he 
 did not then know who Levall^e was driving. The party accompanying the 
 witness overtook the caleehe, and he heard the person in the ealecAe with Le 
 ▼alUe cry out, " Now, lads ; they are coming." Paul Peloquin stopped the 
 horse which the witness was driving, and upset his cart. He was accompa- 
 nied by Alexis Peloquin and Maxime Aussent. He was sitting on his cart 
 when the whole was upset together. This occurred about forty feet from the 
 house of Dumas. Several persons were coming up when the cart was upset. 
 After upsetting the cart they ran away, crying out, " knock them down, kill 
 them," and. turning upon the people wlio wore coming up, advanced to meet 
 them. Alexis Peloquin had a stick, but he did not see Paul with one. The 
 witness then got up, arranged his cart, and met a person, who told him he 
 was going for a gun, and that Marcoux had been wounded. The people who 
 attacked him were coming from the house of Widow Paul. LevalUe came 
 out with them. The witness does not know that Dumas was struck, and saw 
 nobody strike him. It was Mr. Pickel's party commenced the attack, by stop, 
 ping his cart ; he knows nothing of what occurred after he arranged his cart, 
 though he heard people ory out, but does not know what they said, for he 
 was alarmed. No inducement was offered him to leave Sorel. He was not 
 present when Carpentier gave his evidence at the inquest, for he was then in 
 Montreal Jail, charged as being accessary to the death of Marcoux along with 
 the prisoners. 
 
 Re-examined by the Solicitor-General. — It was Paul Peloquin that stop, 
 ped his cart along with the others, who cried out, " strike, kill." His caxt 
 was directed towards Dumas' and Widow Paul's before it was upset. He 
 hoard Aussent tell Dumas that it was not him who had struck him. He did 
 not hear the report of any pistol until after he had righted his cart, but ho 
 
80 
 
 ^f 
 
 inoi Mj who firsd Um p«tol. Ha siw Jun«t JodM near hit curt, but did 
 not MO him ttrilM mny penon, nor fir* off any shot. One of the Piohel party 
 •ailed out, " kUl, deatroy," and thinka that it waa Paul Peloquin. 
 
 The SoHcitor.Ganeral now deelarad the oaae on behalf of the Crown aa 
 oloaed. The priRonera were then put on their defence. Their Counael then 
 proceeded to call the following 
 
 EVIDENCE rOR THE DEFENCE. 
 
 Lavrbnt Ddmas called and examined by Mr. Driscoll. — He ia aware that a 
 lehininey was to be erected in November last, in order to qualify him to give 
 a vote at the then pending election, for he had made a Inirgain with Louia 
 Allard to do it for eight dollars. The witness himself opened the house for 
 the masons ; and after they had begun, the master-mason asked him to strike 
 the first atone. He went home to get his supper ; but before leaving, he aaw 
 Alexis and Paul Peloquin going into the house, with atones. On his return, 
 he found the building materials all scattered about. He then went to the 
 house of Medard Crepeau, who asked him if he had seen his son. On his 
 being told in the negative, Crepeau and the witnera went back to the building, 
 and found no one waa there. They went to Madame Lefevre's house, to en. 
 quire for young Crepeau, and was told by the people of the houso that he had 
 been sent away from Domas by the opposing party ; they then went in search 
 of him. On passing by M'Nie's house, they saw several carts, and were there 
 informed that young Crepeau had been driven away from the work. He went 
 to William Jones' hotel, where he saw John Jonea and Colonel Robert Jones, 
 J. P. Upon his saying that the men could not go on with tho work. Colonel 
 Jones told them to go back to the work, shut the doors, and defbnd them, 
 selves from all intrusion. Isr .c Jones was then in the room. The people 
 met at M'Nie's, set out, and put themselves on t!> j route leading to the place 
 where the chimney was to be built ; they went as his friends to defend the 
 carts. When approaching the house, they heard a noise. He did not seo 
 Levallde passing by in a caleehe. When they arrived near to the lot, a crowd 
 of people came to meet them ; some had fence rails, others with sticks. 
 Pierre Touin laid hold of the witness, and asked him where he was going, 
 he replied, to his work. As ho saw several persons coming forward, he thought 
 the beet thing he could do was to get on his own lot ; but he cannot say who 
 the persons were that accompanied Touin. When he arrived at his own 
 fence, he mounted it, and Maxime Aussent struck him and threw him into 
 his own lot. The witness got up, and called out to his own people, that 
 Maxime Aussent had struck him ; he is pooitive it was Aussent. Perceiving 
 that a row would soon take place, he went a circuitous route into the house 
 and entered by the back door and fastened the front and rear doors, in hopea 
 that the tumult would soon subside. After fastening the doors, he heard a 
 noise outside, and looking through the boards, he there saw a man leaping 
 over the fence, and after him another, as if h? was in pursuit of the first. Upon 
 that he heard the report of a gun fired in the air, and it appeared to him that 
 the man who was pursued fired the shot, the one that was pursued was running 
 away to the rear of tho lot, as if to save himself; and the one pursuing, waa 
 atill in pursuit, striking at the other with a cane or stick. It appeared to him 
 thAt several blows were inflicted, and that he did not turn round on the first 
 Mow. The person pursued was followed as far aa the well in the middle of 
 the lot, when the pursued turned round on his pursuer, and both appeared to 
 defend themselves, as if with sticks. Immediately after, he he»'^ the report 
 of a gun, and tho people cry out '* kill, kill." Before the sh-'i wa.' Hred, he 
 did not think that there were any others on the lot, but he thinks that two 
 othera were there. A person called out '• fire up ;" and there was much noise 
 in the street. After the shot fired upon the lot, the witness heard two others 
 (Sromthe street; and he heard some persona crying out " kill, knock down, 
 destroy." The persons who were then near the weM, could hear no person 
 ery out '* fire," in consequence of the nmse which occurred. When the othera 
 
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 had run »way, another party eamtf up to tho houM, and with a foot or with 
 a atiek forced open the door. Charlei Pag6 wai the tirat that entered, but he 
 cannot aay whether be opened it or forced it. Two or throe periont came ' 
 and laid hold of the witneu, and pulled liira by foroo into the streat. Tt 
 wUneai eaid to Pogd that he hoped he would not injure him ; Pag^ replied, 
 •• come alon^, and you will be well.' ' Alexia Peloqnin waa one of the party, 
 who aaked him if he would go away and not appear againat them at the poll. 
 The witneaa aaid he had a right to go there. Ho did not aee any thins in the 
 band of Paloquin, and did not notice him before that. Pierre Toum then 
 laid hold of witneaa, and atruck him in the face, and two blowa on the back of 
 the bead. He then called out to Touin, " do you want to kill me ;" when 
 one of the party aaid, " you had better go away from this." Edward Denia 
 and Charloa Pagd interfered on behalf of tho witneaa, which aaved him from 
 a aecond asaault. When he found himself at liberty, he ran off, and they ran 
 after the witneaa, but he finally eacaped. Tho witneaa only knowa Charlea 
 Pagii aa the peraon that firat entered his house, and he aaw many more out. 
 aide. He knowa the priaonera for the last twelve or thirteen years ; ho knowa 
 Isaac to be a good man ; he never had a dispute with him. At the last day 
 of the poll, Marcoux conducted himself with great violence. The characters 
 of Mazime Auasent and Pierre Touin are both bad. The latter, particularly, 
 is a bold man. 
 
 Cro»t.examined by the SoMciTOR.GeNEHAL. — It was dark during that night. 
 Cbarlea Desmaraia was in the rear of his partv, and the witness was in the 
 front. When he turned round he could only see Maximo Aussent. He 
 would not believe Au*- nt on hia oath, if he swore that he did not atrike him ; 
 •o confident ia he of uia identity. He cannot say upon hia oath, who waa the 
 pursued or the pursuer, that he saw on the lot. Ho did not see James Jonea 
 then, and he cannot aay whether the shot proceeded from a pistol or from a 
 musket. He did not aee any pistol loaded ; and is positive he aid not see Isaas 
 Jones there. When the witness loft the place to go to hia supper, the first 
 layer of stones had been laid for the chimney. After taking his supper, he 
 went to the house and found all the stones scattered about. Having met one 
 of the masons, he was told by him, if the witness would anawer for bia life, 
 be would go back to the work. He doea not understand English, and does 
 not know the voice that cried out " fire up," Charles Pag6 committed on 
 the witness no act of violence. 
 
 Examined by the Court, — The well he has alluded to, ia about twenty.five 
 or thirty feet Irom the corner of tho house, 
 
 Edouard Denis called and examined by Mr, Armour. — He lives at the vil. 
 lage of Sorel. A person of the name of Charles Pag6 lived in the same 
 house with him, but never had any conversation with Pagd on the night that 
 Marcoux was wounded, on the subject of the election or the disqualified 
 voters. It waa mentioned that Dumaa was to vote the next day. Another 
 person said he could not until he had a chimney to his house. A third person 
 then said, he would soon have a chimney, as there were four masons employed 
 to build one. Upon that, the witness and Pag6 agreed to go and see it. They 
 first went to Gouin's, where the inquest was afterwards held, and there had 
 some conversation respecting the chimney. Then they went to Poloquin's, 
 where he heard some people say that Dumas' chimney was to be built that 
 night. Mrs. Peloquin said the people had gone to see the chimney. He then 
 left that house and went to the house of Dumas, and found there from twenty 
 to twenty.five persons. Among them he recognised Alexis Peloquir , and a 
 number of others. On arriving there, ho asked if they bad got on far with 
 the chimney ; when he was answered, no. One of them remarked that two 
 dollars had been ofiered to one of Uie masons, and that he took it. and went 
 away. After that they went to Mrs. Paul's ; Alexis Peloquin went with the 
 party. Tho intention ef that meeting he understood was to prevent the 
 
building of the chimney ; and lie heard them My that they muat oppoae the 
 building or it. Olbors might have heord the words, if they wore paying any 
 attention. AVhon he was at Mra. Paul's, a bottle of rum was introduced, of 
 which ho partook. lie saw there Charles Pag<S, Moyie Dupleaaii, Alexia 
 Peloquin, Paul Peloquin, Francois Rondeau and bis two sons, and some others 
 that ho cannot now rocolloct. Marcouz came in while the witness was there, 
 and throw off hiii cloak. One of the family said, " you are warm." He re. 
 plied, " yes, and perhaps it may finish mo, if it does not, I shall have some 
 difficulty in getting over it." lie took somo rum and a piece of toast, and 
 then went out. In about a quarter of an hour after, he returned in great 
 huste, and said, " now lads, como out, thoy are coming up, and we must not 
 let them approach." He saw nothing in the hands of Marcoux. Every one 
 then went out ; the witness among the r-jst went out with them towards a 
 cart, and when arriving opposite the cart, it was stopped, and some person 
 upset it. No pereon appeared to him to be in charge of the horse. Ho saw 
 Marcoux's party approach the cart. When he cumo up, ho heard Dumas say, 
 '* I call you to witness, that Maximo Aussent struck mo ;" but he did not uw 
 Aussent pass by him. 
 
 It being now six o'clock, the Court ordered the Jury to be placed in the 
 charge of the Deputy Sheriff, and in the custody of constables, were again 
 taken to Sword's Hotel. 
 
 The Court adjourned to tomorrow at nine. 
 
 FniDAY, March 8. 
 The Court met at nine. The same Judges on the bench as yesterday. 
 The Jury have been brought into Court, and the prisoners placed at the 
 bar. The examination of the evidence of the defence was continued. 
 
 Edouard Denis, called and examined, in continuation, by Mr. Armour. — 
 When near the house of Dumas he heard him say that Maximo Aussent 
 struck him, but Aussent cried out, " you lie ;" Dumas replied, that he knew 
 it was him that had struck him ; upon that Aussetit raised bis foot against 
 the cart and upset it. Ho saw several others near ti.e oart. Luther Sawtel 
 was there, but not James Jones. Aussent fell while upsetting the cart, and, 
 on rising up, was struck, upon which he cried out, *' it was you, James Jones, 
 thai struck me." A pistol was then fired off, at the south-west corner of the 
 house of Dumas, and shortly after another report, as if from the rear end of 
 the lot. Several people were then in the street. The distance between the 
 two shots was about thirty or forty feet ; he hoard two or three other shots in 
 the street. He cannot say whether they were fired in the air. The party 
 of Mr. Picket pursued that of Mr. Jones; he thinks he saw one person with a 
 fence rail, but cannot say who it was. The pursuit was short, but he cannot 
 say who they were. He saw the pursuers ailerwards return, and saw a per. 
 son, dressed in white, fall under a blow from a fence rail. He then retired 
 to the door of Mrs. Colon, where it was said they had better get some arms, 
 when one from the house said, there was no occasion, as one was already 
 killed. Somebody said there was a person armed in the house of Dumas. 
 Charles Pag6 went up to the house with a stick in his hand, and pushed the 
 door open. He is positive that Pug6 opened the door, and did not see whe. 
 ther the door was broken open ; he pushed his stick against the door, and 
 opened it. The witness and some others went into the house ; he was search, 
 ing for arms, under a bundle of straw, but found none, and having searched 
 well, he went out. Dumas went out before the witness lefl the house ; he saiv 
 nobody lay hold of Dumas. Did not hear any one ask him to go out. When 
 the witness got out, he saw somo persons touch him ; Pierre Touin was one ; 
 another person then came up and struck him twice in the back, either with a 
 stick or a branch of a tree, and on the back of the head. The witness pulled 
 Touin away, who is a very strong man, and he saw Charles Pagd endeavour. 
 ing to separate them. He saw Marcoux after ho was wounded, on the Wed. 
 nesday nigltt. He asked him bow it had happened, when Marcouz said that, 
 
 P: 
 
in the 
 again 
 
 i 1 
 
 when he heard the firtt ahot firod, lio ran into th<* lot of Duniat, and that h« 
 •prung forward then to see who had firod ; that ho saw laaac Jonca presenting 
 a gun at him ; that he atruck the gun with hia atiok, and that the gun wont 
 on, the contenta entering hia belly. Murcoux aaid ho waa '• dono for." Ho 
 aaw the hand of Isaac Jonea afler tho accident, and noticed that it had ro. 
 ceived a blow, but cannot now say which hand it was. Tho skin was rubbed 
 off, and it appeared n flashy wound, with some blood about it. He has heard 
 Charlea Page often speak about this trial, and has had aomo conversation re. 
 garding tho evidence thnt was to bo given on tho trial. Some persons wore 
 of opinion that the prisoners would got oif, when Page) said, if that was the 
 ease, they might as well set about killing some persons theinsolvos. He has 
 heard Martel Paulot speak about the trial, but does not recollect tho nature of 
 his remarks ; but his opinion waa that tho prisoners could not escape. Tho 
 witness has worked for Marcoux, and is awuro that ho was a violent man, 
 but he never did any thing to witness. 
 
 Croaa-fxamined by tho Solicitor-General.— Tho witness busied himself 
 at the election in mvour of Mr. Pickel, but had no vote. Ho mot many 
 others of Mr. Pickol's party at Mrs. Paul's. Dumas was in tho roar of the 
 cart, and there was perhaps about fiflcon feet between witness and Dumaa. 
 It was then dark, and the witness could not see him distinctly, but he knew 
 his voice. Dumas said, " my friends, I take you to witness that Aussent has 
 struck mo ;" he did not see Pierre Touin then, but saw him afterwards, at 
 about ten feet distance. Aussent must have gone nearly tv\ -inty.five feet 
 when Dumas called out that he was struck ; Aussent appeared i . *"* some, 
 what heated ; he knows Aussent to be rather blunt in his manner. Tht, wit- 
 ness heard the blows, but did not see either the hand or the stick ; he did .lot 
 hear a pistol then go off, but he did not see Dumas at that time, as it was then 
 too dark. He knows tho lot of Dumas, and its local situation. There is a 
 well on the lot, in the rear of the house, and about more than thirty feet from 
 it. He cannot say whether a person in the house could recognise people 
 quarrelling near the well ; but the witness thinks he could not know them at 
 fifleen feet. He is on terms of intimacy with Charles Pagii, and nover had 
 any dispute with him ; he has had conversations with him regarding the trial, 
 and believes that the conversations were that the prisoners should be punish, 
 ed. M arcoux told the witness, that when he struck the gun with bis stick it 
 went off immediately. 
 
 Pierre Touin, called and examined by Mr. D. Salmon, on behalf of Mr. 
 Driscoll. — He is from the village of Sorel, where he has lived twelve years. 
 He knew Marcoux, who was there during the election, and belonged to 
 Picket's party. He was not always following him, but he was not more ac. 
 tive than many others. The witness was at Peloquin's on tho 5th Novem. 
 ber, but did not see other persons going there. He was in the h' *^>t of going 
 there, as it was a public-house, and arrived there at about seven, i'eloquin 
 was not in the house at the time, but Martel Paulet and Moyse Duplessis 
 were there as well as Charles Pagd ; they were conversing about the building 
 of the chimney with one another ; he drank nothing, and then went out to go 
 and see the chimney. He left the house to go to Widow Paul's, as it was 
 opposite where the chimney was building. Tney all went together, and he 
 knows nothing of any person picking up a brick and saying, " D — n them, 
 I'll fix them." He was not aware that other persons were then at the 
 Widow's. At about eight he arrived at the Widow's, and found some three 
 or four persons, who were there before his party arrived, but he cannot say to 
 whose party they belonged. No conversation occurred there about the chim. 
 ney ; they were all singing, and were drinking some spirits. No person said 
 in his hearing that some people were coming up. Marcoux came in about 
 half an hour after. He took something to drink, and he came in as if aeci- 
 dentally. After taking some bread and a glass of water he went out, and the 
 
' ^y i " * ^ ' 'I' i- iii i^i ■ 
 
 M 
 
 witnoM (lid not hear him ipeok to ony porton in the houee. Me mw no itiek , 
 but Marcoux had a imall cane, liko a gentleman*! cmne. Home gentlemen 
 carr'* rather heavy itioki at night. Some pereon aaid that people were com- 
 hig up: "overal then went out, and approached towards the houio of Duma*. 
 Ilo fiiw that a cart was coming up, loaded with stones, with a carter seated on 
 the front. The witness went towards the cart along with Anssent, when the 
 witnefs put his hand on one of tho wheels. There were others round the 
 cart. Tho cart wns upaot, and a man along with it. After it was backed, the 
 driver balnncod hiniitnlf on tho shafts, and as soon as tho cart was upf«t, a gun 
 was firod at tho corner of Dumas' houwo ; tho carter did not cry out. The 
 
 f[un was drod apparently from tho insido corner of the house, ond within the 
 ut. f [<i knows that soverul pooplo wore speaking, but cannot say on what 
 subject. Ho saw Marcoux aflor the report of tho first gun, go upon the lot, 
 at a distance of about twenty-five foet from the house ; he passed over the 
 fence violently, and had his cane in his hand when he jumped over ; tlie wit. 
 nosB followed him with his eyes, and then crossed the fence rather smartly. 
 When Isaoe Jones saw Marcoux come up, ho turned his back to him, and 
 Marcoux struck Jones with his stick on tho back. Jonos turned round and 
 asked Marcoux what ho was doing there, Marcnux told him to be off. Jones 
 said he had as much right to 1^ there as Marcoux ; Jones had his gmi 
 pointed, upon which Marcoux turned the gun off with his cane, with force. 
 Jones then retired, and Marcoux a second time ran up, and again turned the 
 gun aside. He cannot say whother the stick struck the hand of Jones or the 
 gun, bat tho gun went off immediately, on the word " fire" being repeated. 
 
 Crogg.examined by the SoMciTOR.GENKRAt. — The witness also leaped oror 
 the fence. Ho did not see Dumas when the cart was upset, but saw him after. 
 Aussont came out of the house along with witness, but he did not see Aus> 
 sent after the cart wos upset ; and ho has no knowledge that the pistol was 
 fired -when the cart was upset. The first shot he heard was at the corner of 
 the lot, when Marcoux got over the fence ; the witness being then about 
 fifteen feet from Marcoux. During the time he was there, the witness fol. 
 lowed on one side of Marcoux, until aftor he was wounded. When Marcoux 
 came up to Jonos, he turned round about the middle of the lot, and Marcoux 
 pushed Jones in the back ; he did not sny '* stop, Jones." When Jonee 
 stopped, he asked Marconx why he pushed him, speaking in a soil man> 
 ner and not seemingly vexed. The witness always kept about the same 
 distance, and his object was to see what took place. There were only 
 three persons on the lot. Jones had the butt of the gnn under his rieht 
 arm, with the mnzzle bending downwards. The first time Marcoux spoke, 
 he said, "do not fire, Isaac;" ot the same time striking the barrel of 
 the gnn with his stick; on the second occasion he saw the stick fall, 
 but he cannot say whether on the gun or Jones' hand. He heard them speak- 
 ing, and Marcoux said, " be oif, Jones." After the shot went off, the deceased 
 fell, but ho cannot say who picked him up, for the witness ran away and 
 tumbled over him. Marcoux exclaimed that he was a dead man. He heard 
 tho words "'fire, fire ;" and then three or four shots were fired. When Mar- 
 couz and Jones were talking, the word " fire" was given. He cannot say 
 where the word " fire" came from, but thinks it was from the bottom of the 
 lot ; he could not recognize the voice. He did not assist Marcoux away. The 
 witness admits having struck Dumas twice after the cart was gone ; the rea- 
 son why he struck Dumas wa^. from a suspicion he entertained that Dumae 
 would strike him, and when ho was undeceived he regretted it and apologised 
 to him. The well was about the leng'b of the Court-room from the end of 
 the lot. 
 
 cq 
 
 Peter M'Nie was then called, when the Solicitor-General stated that ha 
 had been informed that the present witness hftd been in CoQrt during th« 
 trial. 
 
J itiek , 
 Mwnen 
 
 com. 
 
 imat. 
 kted on 
 pen tho 
 lind the 
 led, tha 
 
 ! 
 
 89 
 
 tfauMwdoH tht voira diro Ay tHt SoLicrroR.di>naui.. — 1%« witntii #jM^ 
 not irr tHi Court dliiinif the trial, and heard no pan of the evldenoe. TtU 
 ifitbetv wu then ordered' to lekra the box. 
 
 MoYkx Dt;n.ciiRis called and emmined by the SoticiToK.OKNCRAi,.— H* 
 ■aw Peter M^Nie inaido of the Court during the etamination of aome of the 
 witnenoa in- thii triixl; he ia not lure whether it waa on the firat or aeoond 
 day of the trial, but Dolievea it waa on the firit day. He ia not alire who wa» 
 under nomination at the time, but belinvoa it waa himaelf. He i/ now atiraf 
 it waa himself who waa under examination, and that he aaw the whole buaf 
 of M'Nio behind the bar. [IV^Nie wont behind the bar alluded to.] ItHU 
 iitvido of the bar of the Court that he aaw M'Nio. 
 
 Cm$.exammed by Mr. Hart. — Ho cannot aay why he waa in douttt aa to 
 who waa under examination at tho time, or what day it waa. He ia noW aur* 
 it' wha on tho Arat day. He aaw Peter M'Nin in Court ; ho thinka ho aatr 
 hitti, and ia now'aore he aaw him, but cannot aay bow he waa dreaatd. 
 
 Alcxiit I*t!L0UUiN called and examined by the Somcitor.Gcnrrau— Ifl 
 thinka ho aaw Peter M'Nie in the Court ducidg the examination of DUplfeaalr, 
 bat will not awear poaitively to the fVict. 
 
 Croit.matnirtfd by^ IMTr. Haht.— It waa during the examination of D'upIaaeDl 
 thlt M'Nio waa in Court. The witneaa waa not in Court during the examl. 
 nation of Dopteaaia, during the firat day, but it waa during the aecond day. 
 
 TifbMXa tiTtR called and examined by Mr. HART.^H'e waa the conatab^tt 
 who had charge of the door loading within the bar, pointed out by Puplelalr, 
 No auch pora'on aa M^Nio ever paaaed there ; lie dever aaw him till thii 
 moment. 
 
 The douerroR.(iCNERAi. here atated, that he would not preaa hia olijeeUon 
 againat M'Nio'a teatimony any further. 
 
 Examined by Mr. Boaroit. — He ha* reaided at Sorel for fifltoen years pait, 
 and' knowr all the inhabitanta in the place. He remembers the eleotioat 
 where the contest waa aharp, and he recolleota the accident. A chimney, ha 
 war told, was to bo built for Dumas; and the man who was employed came tiy 
 hiahouae, requiring some provisiona. After having taken away the proviaionr,, 
 he Wan absent about an hour, and returned, saying that he had been threat*, 
 oned and hod been obliged to leave his work. He then returned the provU 
 sionR, and went away. Between eight and nine that night, four carls arrived 
 at his liouw, on their way to where the chimney was to be bnilt ; but the 
 pebple' Wore afraid to proceed. Dumaa was with tho carters, and aeveral jier« 
 kOQS accompanied the witness towards Dumas' house. Wlion they had arrived' 
 within twenty or thirty yards from the house, am attack was made on the first 
 cart. The opponents were armed with fence railk. Peter Baley was struck 
 by a brick-bat, and when falling he cried out, " Oh God ! T am killed." The 
 witness went up and raised him, when ho himself received a blow on the arm,, 
 which nearly fVactured it. He brought Baley to the rear, and advised him to 
 retreat, as his life was in danger. On looking round, he fbund all his party 
 had gone away. A rush of people then pursued him with sticks; one caiira" 
 up with him, and raised his bludgeon to strike a blow, which he parried* 
 This person then Cried oat " gnns." He cannot swear that it was Alexis 
 Peloquin. The witness-had with hitr: an old blunt Trcfalgar sword. Ho coh» 
 niddrs that tiiat sword saved tho lif ; of Peter Bnley, and the witness, and he- 
 ir positive that His pursuers were armed with sticks. One of them he saw- 
 with »■ ftnce-.rail. Ho heard several guns go off, afler Biiley was knoeke<|' 
 aown and the cart apset. The riot begun by the upsetting, of the cart, but he 
 oantiot be-positivathoi: tho carter was then in his cart. He believes the othen' 
 
 B 
 
as 
 
 three cartari turned back Oom fear. He returned home naA went to bed.. 
 The word " fire" might have been made use of, and he might have aaid it 
 himself with a view to intimidate the mob, who were nearly ten to one. He 
 took the sword simply for self-defence, but would not have taken an old sword 
 if he had meant to fight. He heard the report of a gun, near the corner of 
 Dumas' house, which appeared to be firt-d in the air. There was then a great 
 noise and tumult, of a nature to excite apprehensions for his life. Baley . 
 dropped down as if he had been shot. Ho hoard no person cry out, "Isaac* 
 fire ;'* and be thinks that the noise was too great to allow it to be heard ; and 
 that no person, unless he was very near the person who cried out " fire, 
 Isaac," could have heard it. James Jones went out of his houso with the 
 carts, but he does not know what became of him afterwards. He knowi 
 Isaac Jones well ; he is a quiet, humane, mild man, and very difiicult to pro. 
 voko. James Jones is equally quiet and inoffensive. He khew Marcoux to 
 be a violent loader at the election, and has had opportunities of witnessing 
 his conduct. One day, on going up to tho poll quietly, the witness wai 
 attacked in very violent language ; it was in French, which by his gesture, 
 and throwing of his cloak, he conceived to be very violent. He saw him in 
 his own house after he was wounded. The witness rather declined testifying 
 as to Marcoux's general character ; but on being pressed, declared that he wae . 
 a most violent man. The prisoners were not warm partizans of Mr. Jones. 
 Isaac Jones was absent for four or five duys during the election, to avoid taking 
 any active part ; for Sorel has the reputation of being very unquiet during its 
 elections. He did not think Uiat the vote of Dumas was very important at 
 that time, for Mr. Jones, the candidate, had shewn to witness a list on that 
 day, which contained more names than would have carried the election. Tlie 
 building of the chimney was not absolutely necessary to constitute Dumas a 
 vote ; but he was very scrupulous. It was an old house, undergoing some fresh 
 repairs. A chimney, during the time of Mr. Attorney.General Uniacko, car. 
 ried an election at Sorel ; the building of that chimney then turned the scale. 
 The prisoners being taken into custody, Mr. Jones, the candidate, declined 
 any further contest, when the most of his frionds were arrested fur tb» 
 alledged murder of Marcoux. 
 
 Croti'examitied by the Solicitor-General. — There was no particular meet, 
 ing held at his house, which is a tavern, on the 5th of November ; several 
 persons were there, but not for any particular purpose. Many people come 
 to the house of the witness during the evening. He was at the poll the 
 greater part of that day. He does not think that there were usually more 
 than six people in his house at one time. There were more thnn six met there 
 that evening. He saw a pistol loaded by a Mr. Dandy, a boarder in his house ; 
 but has no knowledge of James Jones having loaded any pistols. There were 
 two pistols belonging to Mr. Dandy for sale in his shop, which were losded 
 to try them. The carts with materials stopped at his house, but he saw no 
 other person with them but the carters. The carts had no other protection 
 but the people from his house, who amounted to some ten or twelve. He 
 cannot swear that none of these people were armed. They all star'.ed from 
 his house, Dumas leading the way. Every one walked on as he pleased, in 
 a straggling order. They were about thirty yards from Dumas* house, when 
 the first cart was upset, and after that the conflict began. The noise was 
 sufficient to have alarmed Dumas, where he stood. The sword he carried, 
 did not save him from injury. 
 
 'Wxi.LiAU Ross, called and examined by Mr. Armour.— Is a Deputy As. 
 sistant Commissary General in His Majesty's service, residing in Montreal. 
 He was stationed for two years at Sorel, between 1831 and 1833. He knows 
 the prisoners at the bar most intimately, and has bad many opportunities of 
 knowing them, especially Isaac, from having been out with bim on many 
 shooting excursions, and found him in his temper and disposition, cool, tran. 
 qpil, respectful, obliging and good natured under most tryiD|; citcumstances. 
 
w 
 
 Into had a double barrelled oereuBiion gun, which waa the only one he had 
 in bia poaaesaion. A gun of that description waa produced, which the wit. 
 neas identified aa the gun in question, and then explained the difference be. 
 tween the flint guns and detonators. The advantages of the detonator to a 
 flporlsman are many, but the danger is equally great. He would not walk 
 before a person carrying a percussion gun. A blow on the gun now pro. 
 duced would cause an explosion, if the gun was cocked. The trigger of that 
 gun is nearly equal to a hair trigger. He has used the gun on several occa. 
 •ions, when out shooting. Jones usually hold his gun by the guard, while 
 the witness held it by the barrel. Ho saw Isaac Jones the day after he waa 
 arreated, and enquired of him what had brought him there, he then noticed 
 the effects of a violent blow on Ihe thumb of tho ri^ht hand, which had been 
 inflicted, from appearances, by a blunt instrument ; what that instrument was 
 he cannot say. 'Had the prisoner held the gun to his shoulder, no stick could 
 easily reach his hand ; had tho gun been cocked, tho hand would be protected 
 by the cock, and had he intended to shoot a man lie would not have carried 
 the gun at the charge with the muzzlo depressed, but would have raised it to 
 his shoulder. Ho knew Marcoux during his stay in Sorel. They were both 
 mombera of the Board of Health ; ho found him very zealous, but his zeal was 
 not tempered with discretion ; he was ozcoedingly violent. His knowledge 
 of the deceased ho acquired from his transactions at that Board. The do. 
 ceased bore the character of a turbulent man, and in consequence the witness 
 rather avoided the deceased. Marcoux had great influence among a certain 
 class of people in the borough. The witness never interfered with the poll, 
 tics of Sorel. 
 
 The Solicitor General declined oros8.examining the witness. 
 
 Edward Dembrs, called and examined by Mr. Hart. — He resides in Mon- 
 Ireal; has known the prisoners at the bar the last eight years, from being in 
 the habit of going to Sorel on shooting excursions. He sold to Isaac Jonea 
 a double barrelled percussion gun, made by Manton, who is an excellent 
 maker of guns, but more particularly of locks. He knows that that gun 
 went off quickly, and that the spring was so strong aa to bo able to raise a 
 weight of five pounds. The witness examined the gun produced, and iden. 
 tified it as the one he had sold to Jones. Isaac generally held his gun behind 
 the guard, which is an unusual way ; the witness would hold his gun, if ha 
 was attacked, on the charge, and put it to his shoulder if he wanted to shoot 
 a man. A blow on tho barrel would discharge that gun. Ifthegunwas 
 cocked, the hammer would protect the thumb, and if the gun was depressed, 
 the hand would be naturally more exposed. Ho knows James Jones also, 
 and knows both brothers to be most peaceable, quiet mon ; he never met with 
 a more easy tempered man than Isaac Jones. Shooting excursions are well 
 calculated to try the temper of individuals. He knew Marcoux for the last 
 eight or nine years ; in his disposition he was very violent and irritable ; he 
 had the character of being a quarrelsome man, and ho considered it dangeroua 
 to have any dealings with him, as ho did not look upon him as being strictly 
 honest. 
 
 The Solicitor General declined cross-examining the witness, , 
 
 John Jones, called and examined by Mr. Hart. — He is the brother of the 
 prisoners, but no relation to William Jones. He knows well their disposi- 
 tion. Isaac's temper is quiet ; he never saw him in a passion but once, and 
 that was when he was a child. Tho temper of James is not so tranquil. The 
 witness declined, from motives of delicacy, giving any opinion as to the ge. 
 neral character of Marcoux. He had some conversation with Marcoux dur. 
 ing the election, and heard him say he would carry the election, or *' rip 
 the guts" out of some person. The witness waa asked by Mr> Pickel one 
 evening to go and take tea with him at Charles Gouin's, where he found 
 
^ 
 
 Marcoux, M»rtel Pdulet, ALuxis Poloquin, andaoiiM o^horii; ]MUtri:oux tatik-a 
 
 Siees of paper apd w/ote down the namaa of peraona oo both aidef wbo yat 
 ad votes, in order to sttike a balance. Amonyrst theae namea waa that of 
 liw brother Isaac, which he told Marcoux to erase, aa his brother had leil the 
 .village, to avoid being present at the election. Marcoux then paid " by Godi 
 if he (Isaac) votes against us, he will remember it." Isaac adrised the wilOMa 
 hot to interfere with the ele(;tion. He was not present when Marcoux waa 
 •hot, and was in bed when Kis brother was arrested. He saw Marcoux ^fter 
 be waa shot, at Peloquin's, ind on entering was asked if he had seen Qttr* 
 coux, to which he rep'-; "d " no." When he did see btoi, Marcoux atretobad 
 oat his hand and said " John, you have not done this." Isaac and Marooux 
 bad been good friend^:, and Isaac was at that time bail for him. The witoeaa 
 ■ttbsequently went up stairs to partake of some supper, and then lay down on 
 the floor ; shortly after ho got up, and on going down stairs, he found JVIta. 
 Marcoux silting by her husband, with bis head on her lap. He requeatvid 
 the wife to retire, and promised to her to take her place. Pr. Haller Iben 
 came in, and the witness held the hand of the deceased while the doctor was 
 'bleeding him. He asked Marcuuz to relate the circumstances, for he aaid 
 that something must have occurred to have provoked his brother. Marcoux 
 then commenced speaking, in the presence of his wife and of Dr. Haller. — 
 The deceased said that he went to see the buildinr, that he heard a shot fired, 
 and ran over the fence, when he saw Isaac ; and was continuing, when hjs 
 wffe said, on his getting a little faint, " had you taken my advice, this would 
 not have happened to you." The witness knows Charles Ta.g6, and has 
 heard him speak on the subject of the charge against the prisoner. At Mr. 
 Sawtel's house some person remarked that all the parties accused would get 
 clear, when that was followed by on exprei^sion from Page, that if that waa 
 the case, his party had nothing to do but to kill too. He knows Pierre 
 Carpentier, one of the Crown witnesses, and saw him at the inquest at Sorel. 
 He appeared intoxicated on that occasion, and the witness remarked the fact 
 to Mr. Hart and Mr. Stanley. Pierre Touin had been drinking with the boy, 
 «ud Charles Gonin's clerk often treated him to drink. It was oy his eyesand 
 -face that he discovered that he was tipsy. He cannot say whether Dr. Cor- 
 ■ter was then present or not. He also saw Paulet at the inquest, and noticed 
 bim in company with Touin. He noticed Paulet speaking in private wi^h 
 the witnesses, of which the witness complained to the Coroner. He exaio- 
 ined his brother's thumb the day after the accident, and found it bruised, cut 
 and much swelled ; the wound had blood on it, as if it was of recent or|gio. 
 He knows the gun now produced to be the only gun in his brother's posaev- 
 •ion. On the 4th November it was left loaded with snipe shot by the witnesf, 
 ■and the gun was not used afterwards by any other person. 
 
 €ro$$.eiamined hy the Solicitor .General.— He cannot say whether 1\Ir> 
 Hart or Mr. Stanley communicated the state of Carpentjer to the Coroner, 
 and he thinks that Carpentier was cross-examined by Mr. Hart. He is unac- 
 ^uainted with the usual habits of Carpentier, but he saw him often drink that 
 day, and his manner betrayed intoxication. The matter of his evidence w^ 
 certainly given without hesitation, but several strangers remarked his intoxi- 
 cation. Carpentier went frequently to the bar and took the liquor before he 
 ffave,hi8 evidence ; he saw Paulet frequently in conversation with Carpentier. 
 The witness thinks that a blow on the barrel would discharge the gun, and 
 iniure the hand ; and, in proof of bis belief, would state, that last summer. 
 While shooting with that very gun, bis dog ran past bim after a squirrel, and 
 -knocked the barrel against a tree, the eun went off, and ca^cied a^Vfty a pf^rt 
 ««fth« brim of bis bait. ^ • 
 
 ! t 
 
 John Stanlkt, called and examined by Mr. Hart. — ^e is an advocate of 
 tbe Court (^King's Bencb, residing in Montreal, but attended the inqv^lt 
 4ield at Sorel on Marooux's body, ^ni wu present at the exainination of 
 neady all the witneasqa- He recollects hearing a bpy, a sojrvant of Fetor 
 
3d 
 
 M'Kis'Ji flajwd CaJtpoBtier «xiuni(ie<] ; at the tiaie that the boy {jave his -ori- 
 jdtncOt faie could not aay, except from the remarks made to him by othero, that 
 tb« boy was in a state of intoxication. Mr. Hart and the witness remogstrat. 
 jed with the Coroner upon the impropriety of taking his testimony. The Co. 
 roner acted with impartiality, and said, that if the witness stated himself to 
 he sober, be took the responsibility upon himself. The Coroner seemed to 
 Ajquieace in the opinion that the boy was intoxicated. Several complaints 
 were made to the Coroner. He thinks that the manner of Martel Paulet and 
 «ome others proceeded more from the inSuence of political prejudice, than 
 from a desire to do justice to the accused. He saw Muriel retire with seve. 
 rol of the witnesbes, but cannot say that they went to the bar. The witness 
 has known the prisoners at the bar for the last nine or ten years. He consid- 
 ers Isaac Jones to be a remarkably peaceable man, and wholly incapable of 
 taking wilfully the life of any individual. He is not so intimate with James 
 Jones. He knew Marcoux well, as a man of a most violent disposition, and 
 ho believes him to be a turbulent man. ll<i saw Isaac Jones after his arrest, 
 but he cannot take it upon himself to say it he saw any thing particularly 
 the matter with his hands. 
 
 CrMf.examined by ih". Solicitor General. — The witness did not consider 
 the boy to be in a fit state to give evidence, and believos he wns under tiie in- 
 fluence of other persons. The persons who were meddling might have done 
 so in the course of truth and justice, but appearances exhibited a different 
 feature. He was not retained on the occasion, but merely accompanied Mr. 
 Hart to Sorel as a friend. 
 
 ° Iiouis Roy, called and examined by Mr. Boston. — ^He lives at St. Gre- 
 goire, in the District of Three Rivers, but was at Sorcl on the 5th November, 
 and was there by accident. He was at I he house of Widow Paul that even, 
 ing, wliere he saw several persons. He did not go there with them, for he 
 was there before they came, and he remained there some time. These people 
 were there, and spoke respecting a chimney which the Bureaucrats were go- 
 ing to build, in order to obtain a vote for the next day, and the people at Mrs. 
 Paul's appeared determined to witness to resist the building of the chimney, 
 and believes that was the reason for which they had assembled ; this ho 
 judges from their conversation which ho heard. Ho knows Moyso Duplessis, 
 but he cannot say if he was there. He knew Marcoux a little, and saw him 
 once before that night. Ho came to the Widow Paul's that evening about 
 ■even o'clock. Marcoux wont away, and came back again, but ho did not 
 hear Marouux make any remarks to the people assembled there ; ho heard 
 him first say that he was hungry, and he then took some bread and butter. 
 After he had eaten something, he disappeared, and shortly afterwards came 
 back. Shortly after that he heard a carriage coming up, when some person 
 in the room said, " let us go, they are coming." The witness was in the 
 Toom at the time ; the whole party went out, with the exception of the wit- 
 ness. While he was standing near the table, he saw Marcoux take a stick 
 under the table, and go out. It was about half the thickness of his wrist, but 
 not quite so big as a constable's baton, and was largo enough to do injury, if 
 well used. The stick was of hard wood, and thinks it was beech. Marcoux 
 took it up, and disappeared with it. The witness was in no way interested 
 in the affair. He did not dare to go out, in consequence of a resolution he 
 mode to himself. He did not know ivhat they went out to do ; they acted in 
 concert. He heard some noise and a voice which he recognised, and under- 
 stood, from what he said, that Marcoux was dead. lie heard much nois« be- 
 fore that, particularly a noise as if a cart was upset, and he thinks it was a 
 cart, from the rumbling of the stones, which occurred at the same time. He 
 never a^ain saw Marcoux after be went out with the etick. 
 
 Crats-exMtnintd by the Solicitor Gensrju.. — The witness does not carry a 
 atick, and the stick which ho «aw was not what is called a gontleraan's oanc. 
 
w* 
 
 40 
 
 William Morrisok, called and examined by Mr. Boston. — He livei on one 
 of the islands opponite to Berthier, and was at the last election at Sorel, but 
 not ~s a voter. He found there a great excitement among a certain portion 
 of the inhabitants, particularly Mr. Pickol's parly, who appeared to be rang- 
 ing about the village. Ho was personally attacked, though he offered no 
 provocation. This was on the last of October, while he was on the Royal 
 Square, in conversation with several individuals, amongst others Martel Pau> 
 let. He saw a movement about the poll, and a man stripping to fight ; he 
 then heard the word " fight," and noticed Marcoux amongst the crowd, lead- 
 ing on the mob. He bolicM'es Alexis ^aul Hub saved the wi< ness from being 
 then struck, for the mob said they must drive him off the Square. The worst 
 of language was made use of ; and he was actually in fear of his life, and 
 would not have returned to the poll that night for fear of his life. Marcoux 
 was a violent man, and ho would consider the deceased, when in a state of 
 irritation, as a most dangerous character. He believed that Marcoux was a 
 loading man in all tumults in Sorel. At the two last elections, ho knew him 
 to be such. 
 
 CroxB.cxamined by the Solicitok-Generai,. — Ho was friendly with Mar- 
 coux during the election in 1827, but they were not very intimate friends. 
 He lives on an island, which is his own property, and it gavo no vote in the 
 borough. He never tried his influence at the last election, though his opin- 
 ions might havo'had some at Sorol. Ho thinks they took a wrong method of 
 getting rid of him. It is generally the case that some irritation prevails at 
 elections, and then all courtesy is forgotten. Ho was not out of his limits 
 when he was in tho borough, and perhaps Mr. Pickel's party might have sup. 
 posed ho had no business to leave his island. 
 
 William Jones, called and examined by Mr. DriscoU. — Ho is no relation 
 to tho prisoners. He keeps a hotel in Sorel, and did so during the last elec- 
 tion. He recollects that Colonel Robert Jones, J. P., and his son, John 
 Jones, Jun., the candidate, were at his house on the 5th November; the pri- 
 soners were not, ho thinks, in company with his guests, though they might 
 have been there without his knowledge. A person was announced as wishing 
 to see the Colonel as a magistrate ; Louis AUard came in, and asked if either 
 the Colonel or tho candidate were there ; Louis Allard was then shewn into 
 the room where Colonel Jones was, but ho did not see Louis Allard again until 
 he saw him afterwards at M'Nie's. He saw some carts at M'Nie's door, laden 
 with stones and bricks, and the carters were inside tho house. He heard 
 that the carters were employed to carry materials to build the chimney for 
 Dumas. Several of Dumas' friends accompanied the carts. Tho witness was 
 one, and among the others were Peter M'Nie and James Jones ; Isaac Jones 
 was not there; Luthe" Sawtel, Louis Allard, and Medard Crepeau were also 
 there, and the number might amount to about twelve. They went towards 
 Dumas' house, but, in passing, stopped at the houso of Triganne's, who is a 
 peace officer, and who was asked to go with them. Triganne excused him. 
 self, as his child was sick. When within twenty or thirty yards of Dumas', 
 they saw a light from two houses opposito, and he noticed several people 
 rushing out from both. He recognised Maximo Aussent, who rushed out 
 and overturned one of the carts. The party with the witness gave no prove, 
 cation. He heard a great noise, but could recognise no particular voice. 
 Aussent first made the attack. James Jones and, the witness were arm.and. 
 arm together, and witness said, " let go my arm, before they rush down upon 
 us." James Jones had no fire-arms to the knowledge of witness ; he himself 
 had a pistol. The witness went from the street towards the lot before the 
 cart was upset, and there met Isaac Jones, about two or three hundred paces 
 from Dumas' bouse. Isaac Jones entered upon Dumas' lot, and went up to 
 the corner of Dumas' house within the lot. The witness followed Isaac 
 Jones to the lot, and, on entering the lot, saw Aussent upset the cart, and 
 rufh on the party of the witness. Ho saw Isaac Jones fire one of the barrels 
 
41 
 
 ^ 
 
 of bia ^n in tha air. The gan produced in Court he reeogniied ai the guo 
 of laaao Jonea. He aaw his party running for their lives down the street, 
 and saw Isaac Jones running down the lot, and four or five persons pursuing 
 biin ; and seeing Isaac Jones running, the witness, considering his life in dan. 
 ger, made away to the street on the other side of the road. He does not 
 know who pursued Isaac Jones, for it was dark, and he recognised Maxima 
 Aussent, from the reflection of the lights from the houses. The persons did 
 not seem to follow Jones in a body, but in succession. Isaac Jones was then 
 about the centre of the lot, and the witness heard three or four shots, but he 
 heard no person cry out that Marcoux was shot. The witness considered 
 himself in danger of nis life. He saw clubs in the hands of tha attackin 
 party. He heard no person cry out, " fire," and thinks he would have heari 
 any parson cry out " firo, Isaac, Are," if Isaac could hear it. He was then 
 about ten yards from Isaac Jones. He knows nothing of the well on the lot. 
 He has known Isaac Jones for about two years, and knows that Isaac Jonea 
 is of a tranquil, mild, and serene disposition; ho has remarked him par. 
 ticularly for such. He has often been out shooting with Isaac Jones, and 
 has gone up to the hips in brushwood and wet grass, led on by Isaac Jones, 
 to the great annoyance of the witness, when Isaac would receive the abuse 
 he got with the utmost good humour. He saw a mark on his right hand af. 
 ter the death of Marcoux ; it was a cut, and his hand was much bruised. 
 The wound appeared to be inflicted with a bludgeon. He knew Marcoux ; he 
 cannot say what his conduct was at the election, but his general condact 
 was boisterous, violent, and hot. 
 
 Crota-examined by the Solicitor-Gengral. — The witness had a pistol ; . 
 when he saw the cart upset, he did not Are his pistol, and heard no shot at 
 the time. At the moment the cart was upset Isaac Jones fired his gun. 
 Isaac did not run away for some minutes. The witness saw him run, and. be 
 himself ran in a different direction. 
 
 Examined by the Court. — He does not know what became of James Jonee 
 after be lost sight of him. 
 
 Peter Balev, called and examined by Mr. Boston. — He has resided at 
 Sorel for about 14 years. He went on the 5th November last to assist in 
 building the chimney of Dumas, and went from M'Nie's with five or six men 
 for that object. They were met by a number of men, armed with sticks and 
 fence rails. They had previously stopped at Triganne's ; be carried no wea. 
 pons, not expecting it would be necessary. While he was quietly walking 
 along, he was knocked down on the road leading to the house of Dumas, and 
 not far from it. He was knocked down before he could see where the people 
 came from ; he got a blow of a fence rail on the shoulder, while he was run. 
 ning away, by Peter M'Nie's advice. He thinks the first blow he received 
 was with a brick, upon which he cried out " I am killed." M'Nie assisted 
 the witness to rise ; he then saw a fence rail over his head, and escaped the 
 threatened blow and ran away. He was under serious apprehensions for bis 
 life, but he heard no noise afterwards. The blows he received prevented the 
 witness from following his avocations, and he is sure that It was not from bis 
 own party that he received the blow. He knew Marcoux to be a troublesome 
 and quarrelsome man. He did not see Isaac Jones that night, for the witness 
 was confined to his bed. Ha was arrested along with the others, though he 
 hurt no person, and got more blows than all the rest. He has known Isaao 
 Jones for fourteen years ; be is a quiet good man, and bis brother is the 
 same. 
 
 Examined by the Court. — The witness was sober. His PArty consisted of 
 some six or seven ; the carts .were not near them then. He did not see Dumas» 
 but he saw James Jones. The witness had been asked to lend a hand in 
 building the chimney, if the materials were there. 
 
■:=im 
 
 4» 
 
 LoTffB* Sawtei. etA\o& and wttrtninod by Afr. Hart. — He rMidbii at Sbnt. 
 Wiis thcro on the 5t1i of NoTember, and romemben the election. He ntbl- 
 Iflotfl the arrangement fbr the building of Duttiaa' chimney, for he- war rev. 
 ponoible for half the money to Allard, for the expense of buildlnjf. H« waw 
 at M'Nio's at eight o'clock that night, and for two hours before that. M•^Ke^ 
 came in and said that a party had demolished part of a chimney btiilt by 
 Dnmas. He then asked the witness and others to go and help to- build tfatf^ 
 chimney, but he cannot any whether any thing was said about protecting tfatf* 
 chimney. About twelve persons went out ; Isaao Jones was not one of thenV. 
 They followed the river side, and stepped at Triganne's house, tu request hi» 
 assistance as a peace officer. Triganne did not accompany them, as his ehiid- 
 was sick. On approaching Dumas' house, a --b rushed on the left of them, 
 from Widow Paul's. Some of them came up i^ the first cart, crying " Btiiiks', 
 kill, knock down." He recognised no voices. There were then three or 
 fonr loads of stones coming up. Heard Dumas say, '* my friends, I call you 
 to witness that I have been struck by Aussent." The cart waa then upset, 
 and' a shot was fired from the end' of the house, in the direction of the lot. 
 He thinks that s' ot was fired in the air. Great confusion then ensuedv In a 
 few seconds ailc, James Jones passed the witness, going away from thej[iart/ 
 and returninip; by the way he came. He heard Peter M'Nie say to Baley, 
 ••for God's sake, ran for your life." M'Nie then passed the witness, pursu^ 
 by a number of persons. He then heard a second shot fired, apparently from' 
 <.hc back part of the lot. James Jones could not have fired the shot, and htt- 
 t id not hear the word •' fire" given. Tiie noise which occurred prevented it. 
 He does not think a person at the bottom of the lot could hear the words 
 •• fire," if they were used. Isaac Jones, who had passed the party, had 
 something under his arm ; but ho cannot say it was a gun; Isaac Jones wav 
 not privy to the party leaving M'Nie's. The gun produced in Court he iden- 
 tified as belonging to Isaac Jones. He has fired with the gun, and found it^ 
 very easy to go ofif. Isaac Jones was accustomed to carry his gun by ths- 
 guard. He saw the hand of Isaac Jones after the accident, and noticed a 
 piece of the skin taken off, and the wound was yet fresh, as if inflicted with 
 a biunt instrument. Ho believes that a blow on the gun with the hamrnVf 
 down, is sufficient to cause the discharge of the gun. He has known Isaac 
 Jones for a long time ; he is particularly peaceable, and James Jones is quiet 
 enough. Marcouz's general character was that of a passionate and violettC- 
 man. 
 
 Ci-oss.examined by the SoticiToit OENBRxt.— Ho cannot say that a goit 
 struck between the cocks would go off, and bethinks thattha skin ofthtf- 
 httnd' might be taken off by a stick slipping over the lock. 
 
 ChxKLCB L. AKHfi^'RoKcr, called and examined by Mi*. ATmour.— He irtUe* 
 captain of a steamboat, and lives at Sorel. He has known the prisdnetti for 
 the last ttsn or twelve years. They have ever btirne a very good character, 
 for being peaceably disposed. He knew Marcoux to be a noisy, quarrelstfrner 
 cKaracfer. H'e b.iw him during the election, and considered him the leader 
 of a party. He appeared very anxious and active, but he said nothing t» 
 wttnevs about the election. A small stick of wood lesc than the sice of v 
 wrist, might be a little crooked or have knots on it, and such a stick- migfft' 
 possibly in striking the lock of a gun, also hit ther hand. 
 
 fhcr SoLicrtbR GuNtfRAt declined crosr.examinlng the witness'. 
 
 Dr. Euwaud Carter, called and examined by Mr. Hart. — He is a MagfiK- 
 trato for the district of Montreal, residing at Sorel, and has been already ex- 
 amintd'oirtliis trial. Ho was culled before the Coronet's' inqtiest, but' wis 
 not' pTt»bnf when Carpentier was examined. He thinks-he saw'Him in the 
 hduser; bat cannot say whether he- wa* sober or otherwise. He- hasknow'M' 
 the prisoners for many years, and uetef he&rd airy' thing a jklMt slthoc ImM' 
 
4S 
 
 lilt bjr 
 Id thif^ 
 
 e tb* 
 
 thenf. 
 
 St hi» 
 
 child 
 
 thiBiti, 
 
 ti\w, 
 
 ret or 
 
 .11 you 
 
 upset, 
 
 he lot. 
 
 In ft 
 
 >-partjr 
 
 Balef, 
 
 ursued 
 
 f from* 
 
 ind he 
 
 ited it. 
 
 words 
 
 y, had 
 
 war 
 
 le idel).. 
 
 bund iV 
 
 by the 
 
 )liced a 
 
 ed with 
 
 tiadimer 
 
 'n Isaac 
 
 is quiet 
 
 violent 
 
 I 
 
 Jones or James Jones. He knew Mareoux to be a violent tempered man, 
 who was often before the magistrates. He knows that Isaac Jones had be. 
 come bail before him, as a magistrate, for Mareoux, on the charge for an 
 assault. 
 
 The Solicitor General declined cross-examining the witness. 
 
 Edmund Peel, called and examined by Mr. Armour. — He has resided near 
 Sorel for two years past, and was acquuintnd with the character of Mareoux. 
 He bolioves ho waR quarrelsome, if ho may judge of hia conduct towards him. 
 self. He lias always heard a good character of the prisoners, and has bad 
 personal experience of thoir kind and peaceable disposition. 
 
 The Solicitor General declined cross-examining the witness. 
 
 Joseph Nicklebb called and examined by Mr. Hart. — He is a Captain o\ a 
 steamboat, and resides in Montreal. He knew Mareoux perfectly well. The 
 witness was not present during the whole of the election, but was often there 
 while passing with his steamboat. He knew him well as a contractor of fire- 
 wood to the steamboats. Ho once exhibited great turbulence in the presence 
 of the witness, in offering to fight the witness, and in attempting to throw a 
 man overboard. He heard Mareoux, during the election, say that his party 
 wsuld have the election, at any risk, and that blood would yet be spilled. He 
 considered Mareoux to be a dangerous and violent man. He has known 
 Isaac Jones since 1824, and never heard any thing against his character, nor 
 that of James Jones. 
 
 The Solicitor General declined cross-examining the witness. 
 
 Hugh Massy Barrett, called and examined by Mr. Armour.— -He is a 
 Magistrate for the district of Montreal, resides about seven miles from Sorel, 
 and knows generally the inhabitants of the borough. He knows the pri- 
 soners ; the character of Isaac is that of a peaceable and mild man. He 
 knew Mareoux a little, and saw him during the last election, where he ex* 
 hibited much violence, and was a leading character. He suemed to bo con. 
 cerned in any riot that was going on. He was once brought before the wit- 
 ness, as a Magistrate, for an assault on Mr. Peel. Isaac Jones bailed him 
 out on that occasion, and this was not long before his death. He has heard 
 that his brother magistrates had much trouble with t'e deceased. 
 
 The Solicitor General declined cross-examining the witness. 
 
 William OsTEnouT, called and examined by Mr. Hart.— He resides in 
 Montreal, and know Mareoux only a day or two before the election. Mar. 
 coux and witness were on board of a steamboat, tlion gomg down to Sorel, 
 when th(!y had some converaalion as to the probable success of Pickel or 
 Jones. Mareoux during the conversation, remarked that if Pickel was do. 
 featod, bluod would bu sliud. Ho saw Isaac Jones in Montreal during the 
 election, whan he said he was up in town to avoid the contest, and that when 
 the election was over lie would return. Somo months before, Isaac Jones 
 told the witness, that he would not remain in Sorel during the election. He 
 considers the disposition of James to be quiet, peaceable and gentlemanly. .^ 
 
 The Solicitor General declined cross-examining the witness. 
 
 JosGPu Tuotheb Gaddbt, called and examined by Mr. Armour.— He is 
 a clerk in the Commissariat Department, and resides in Montreal. He knowf 
 the prisoners at the bar. Isaac Jones is extremely peaceable and qniet ; he 
 doer not know James Jones so well, but believes him to be equally peaceable. 
 He also knew Migrcoux, but can say but little in referenoe to his temper.— 
 
7f»" 
 
 Tho g\w produced he knows to bo the gun of InaftO Jone« ; it ia easily dia/ 
 eharged, and striking a blow on the gun with the cock down, will most rea. 
 dily make it go off. He has himiielf this morning struck tho gun on the side, 
 and tho top, with caps placed on tlie nipple, and the gun went off readily.— 
 The gun has a double spring, and though it has not a hair trigger, it goes off 
 nearly as easy as a pistol with a hair trigger. During the Sorel election 
 Isaac Jones wus in Montreal, and spent his evenings at the house of the wit. 
 ness, and thinking that the election would finish on the Saturday, Ue left 
 town for Sorcl. 
 
 Crou-examined by ike Solicitor Ggnkral. — When he struck the gon with- 
 a blow of tho stick, he did not give it a violent blow. 
 
 Arthur FAaauiiAR was called and examined by Mr. Hart. — Ho lives in 
 Montreal, but went down to Sorcl bofuro the Coroner's inquest, which he at. 
 tended the first day. He heard Carpentier examined, and does not think that 
 the boy was sober. Martel Paulet spoke to the boy during his examination, 
 and when he perceived that the witness was watching him, Paulet shook hia 
 iist at the witness. He does not consider that the conduct of Paulet at the 
 inquest was correct, for he saw him talking to the Jurors, and otherwise 
 make himself very busy. He knows Isaac Jones to be a peaceable character. 
 He is not so well acquainted with James Jones. 
 
 The Solicitor General declined cross-examining the witness. 
 
 Joseph Boisverr, called and examined by Mr. Driscoll. — He lives at Sorel, 
 was there on the 5th November, and was a clerk with Mr. John Crebassa.— > 
 He knows the bouse of Widow Paul. He was sent there by Mr. Crebassa, 
 between eight and nine that evening, where he saw many persons. Befoire 
 
 S>ing into the house, he saw Maxime Aussont coming from the house of. 
 umas. Mr. Crebassa desired him to ask a man named Paul Hus to go and 
 work for him the next day. Marcoux called out that the witness was a d — d 
 spy, and said that the election was not the time for such work, and that they 
 had enough to do with the election. Pierre Peloquin caught hold of the arm 
 of the witness, and obliged him to go home without any satisfaction. Mar. 
 coux was that day very troublesome at the poll ; he has known bim for the 
 last two years as a hasty man. 
 
 Tho Solicitor General declined cross-examining the witness. 
 
 Michel Forcier was called and examined by Mr. Armour. — He lives at 
 Sorel, and on the 5th November was in the service of Mr. John Crebassa. — 
 He knows the last witness, and having got orders to do some work for his. 
 master the next morning, he was desired to go with the last witness to Mrs. 
 Paul's, to get Alexis Paul Hus to assist. He went to Mrs, Paul's, and met 
 Maxime Aussent near the house ; he asked him to send out Paul Hus to him, 
 as he wanted him. Aussent refused to send him out. Paul Hus, however, 
 came out to the door ; the witness told Paul Hus that Mr. Crebassa wanted a 
 man to work about his house. Alexis Peloquin was thoro talking about the 
 building of the chimney. Marcoux came out, and asked the witness abruptly 
 what he wanted. He appeared to be very much vexed, and swore. He had 
 a cane in his hand at the time. He heard Peloquin say that two men would 
 be sufficient to prevent the building of the chimney, and that if two would 
 not do, he would employ more. Peloquin then went into the house and 
 Pierre Touin came out. The witness then wanted Paul Hus to promise to 
 come to work at the iiouso of Mr. Ci'ebassa, when they desired the witness to 
 be off. The p«ople there had the appearance of, and acted like ruffians. — 
 Pierre Touin took hold of him by thei arm and squeezed bim very h&rd, an4 
 then sent him away. He was very glad to get away. .. 
 
The 6oLioiTOR.'6ie!rBBAL d«oHn«d eron-exantioinf the ^tneit. 
 
 John CREBAsai called and exaitiined by Mr Aritioor.— He ia a Maj{i«tra(e 
 for the District of Montreal, and ban b«*" iing at Sorel for the last iourttoen 
 yearti and knowa the prisoner*, who are kind, peaceable and quiet men. Isaac 
 was one of the churchwardens of the Church of Sorel, and is a man of good 
 character. He did not see him in Sorel, until the latter end of the election. 
 He knew Marcoux to bo a man of extraordinary violence and quarrelsome. 
 He sent the two lost witnesses examined, on the errand thoy mentioned, for 
 the purpose of employing two persons to work for tiie witness. They told 
 him on their return, that thoy had been driven aWay from Mrs. Paul's with 
 violence. 
 
 The SoLiciTOR-GbNERAL declined Cross-examining the witness. 
 
 It being now nearly six o'clock, the Jury Were again taken in chargis by the 
 Deputy Sheriff, and in thb care of the constables, conveyed to Sword*a 
 Hotel. 
 
 The Court then adjourned till tomorrow at nine. 
 
 Satoroay, March 1. 
 At nine o'clock the Court opened, the same Judges prssiding as yesterday. 
 The Jury having been brought up, and the prisoners placed at tlio bar, the 
 evidence for tho defence was continued. 
 
 Edward CREPfcAU called and examined by Mr. Driscoll. — He livea at Sorel, 
 and was thbre on the 5th of November last. His father was engaged that 
 evening as a driver of the cart for Mr. Dumas, and with witness arrived at 
 Damas' at about half.past eoven, Louis Allurd accompanying them. The 
 father of the witness was one of those who had undertaken the job. Alexia 
 Peloquin and Marcoux came up, along with Maximo Aussent and Alexis Paul 
 Hus. On arriving near the door of Dumas' house, he was asked what he 
 came there to do, and these people stopped him from unloading the atones 
 from the cart he was driving. He was afraid of them, for thoy told him has. 
 tily to be oif, but they did nothing to the horse. He, however, wont back to 
 the place where he had attempted to unload the cart, and was told by Louis 
 Allard to go to M*Nie's ; thoy again went back to unload the cart, and on 
 arriving near the house of Dumas, he saw some thirty nr forty persona in the 
 street, with sticks, but he does not know what their object was. The eartera 
 could not reach the house of Dumas for the crowd. On hearing the report* 
 of two guns, the witness went aWfcy. He did not see a cart upset, but heard 
 the noise of it ; he was then in the rear. At about half.past nine, it was dark, 
 but he heard the words '< kill, destroy ;" he did not hear Dumas cry out. The 
 noiae waa very great, and the witness ran away. 
 
 Cro$a.examine4 by the Soucitor.General. — Ho ia only fourteen years of 
 sge. No person has dictated to him what to say, and he only speaks of what 
 he knows. He knowa Dr. Carter, before whom he made a deposition, by tho 
 request of John Jones, who took witness to Dr. Carter's. He related all ho 
 knew to Jotin Jones. It took much longer time to relate his story to the 
 Magistrate than to the Court, because the Magistrate had to write it all down. 
 He cannot say who spoke first in the street ; what occurred was not through 
 play, for they rudely stopped the carta. He cannot say, who cried out " kUl, 
 destroy." He saw some people with sticks and rails, but he cannot say who 
 had them ; it was too dark, and he <vas nCt close enough to see. He stopped 
 that evening at M'Nie'A, at about half.pttfet eight, and wont into the houae. He 
 there aaw William and James jonei, Pet^r M<Nie, Peter fiaiev, and LouiB 
 Allstd. He saw aoni« piit6U t{Mr«; And ioitib of the party bad them in their, 
 htkods ; they aeewied to lay hold of them ahd then put thein down on the 
 coniitcr, M'Nie was behind the counter, and might have seen as well aa others 
 
nLf?*' 
 
 , 1 
 
 ! i 
 
 what wai going forward. Thero waa ■omo powder and ihot ther* alae; h« 
 aaw no load out up into alugii but he aaw a bingle bullet, which they tried to 
 •ee if it fitted the pistol, which they loaded with shot as the bullet was too 
 large. lie thinks that thero were twelve or thirteen persons then present. 
 He saw an old sword, but not in the possession of M'Nie. He saw aonie 
 strangers there, but ho cannot say whetiier they accompanied the party to 
 Dumas'. He knows Curpentier, but did not see him with any sticks; he saw 
 ■ome sticks at M'Niu'H house, each about three feet long, and there might be 
 three or four such. Ho thinks it was William Jones and M'Nie who were 
 trying to tit the bullet into the pistol. Ho knows tiiat James Jones was there, 
 but he had no pistol in his hand. Isaac Jones was not there. Ho beliovcd two 
 of the pistols belonged to M'Nie ; and he in positive in saying ho saw three 
 pistols. Ho did not hoar the words " fire, Isaac," before he beard the reports 
 of the two guns. 
 
 Louis Allard called and examined by Mr. Boston. — He lives at Sorel, and 
 is a mail courier. He was employed by Dumas to build a chimney, and was 
 the contractor for the job; ho engaged persons to build the chimney. Ho 
 sent two carts loaded with earth to tlio place, and wont to M'Niu's to get 
 some provisions. Ho had undertaken to complete the work by twolvo the 
 next day. Ho went back to tho house of Dumas, and when ho arrived, the 
 little boy Crepeau told him that the cart was upset. The witness then returned 
 to M'Nie's to report the matter and return the provisions to M'Nie. He then 
 repeated to M'Nie what the boy had told him. Somebody present in the roon 
 aaid "then wo will go with you," and then he went to the inn of William 
 Jones, to see if Colonel Jones, the Magistrate, was there, and from him to get 
 advice. They were told by the Magistrate that they had a right to work on 
 their own property by day or by night, provided they conducted themselvea 
 properly. They then returned back to M'Nie's. Ho was not inclined to go 
 any where but to homo, through fear ; though he had never been insulted 
 during the election. Dumas, however, was determined to have his chimney 
 built. There were then four carts at tho door. His father's cart was not 
 loaded. Upon arriving near the house of Dumas, ho heard Dumas cry out, 
 " I take you to witness that Aussent has struck me." Upon thnt, he turned 
 his father's horse round, and remained there till Dumas came up, who ap. 
 peared like an animal that was pursued. He heard a noise, as if proceeding 
 from a cart overturned. Judging by the voices, there might have been from 
 twelve to fiHecn persons there, The witness was too rnucTi in the rear to hear 
 distinctly ; but heard some of the people cry out " there they come, let us go 
 meet them." The witness was so alarmed, that he employed some one to 
 ■leep in his house that night. In the morning he heard of Marcoux'a 
 accident. He witnessed the conduct of Marcoux during the election, during 
 which he appeared very active. He heard Marcoux say to M'Nie that day, 
 
 "You d d Scotch rascal, I will rip your guts out." Marcoux was a man 
 
 that would go through whatever he once took in hand, and considers him to 
 have been a dangerous character. He did not hear Marcoux say, that blood 
 would be shed. Isaac Jones was not at M'Nie's that night : and he thinks that 
 if he was to pick out two cf tho most quiet or inoffensive men, it would 
 be the two prisoners. 
 
 Cro»$-examined by the Solicitor-General. — He is thirty.eight years of 
 age, and is a sort of jack.of.all-trades ; he would do anytliing to earn an 
 honest livelihood. He is crier at the church-door, mason, shingler and cou. 
 rier. The boy Crepeau related to the witness what took place at Dumas*. 
 He took with him two candles, one loaf and a bottle, to bo used among tho 
 seven men employed. The witness never drinks any himself. He got the 
 articles on credit, and returned them to Mr. M'Nie that he might not be 
 charged with them. M'Nie waa occupied in his house when he saw him. 
 There were pistols within the bar at M'Nie's, and some persons loading thetfi. 
 M'Nie said, "Let us take no pistols with us, lest there should bo any accident. 
 
47 
 
 Im; h« 
 tried to 
 nraa too 
 preterit, 
 w aonie 
 arty to 
 he law 
 light be 
 ho were 
 tiiere, 
 ved two 
 w threo 
 rcporta 
 
 bat let ua take atioki, and go on with our work." Ho cannot aay how manf 
 aticka wero there. Ho hoard the aervant boy ordered to bring in aoine aticka. 
 Ho cannot lay who had tlie piatola in the houae, and iu not certnin whether 
 Jamea Jonoa had any or not. They were aniall pocket piitoli. He dooa not 
 know that Feler M'Nie took a aword. Ho did nut hear the piatol go ofT. 
 
 Lovia LoNEv, called and examined by Mr. Hart. — He rcaidoa in Montreal, 
 but knowa Martel Paulot. Tho witncaa waa lodging, on the 6lh November 
 lakt, at tho houae of one Paul Hua at Snrel, and being in converaation with 
 aome other persona about Marcoux'rt nfTdir, Martel Puulot aaid, " he would 
 hang all the Jonoa'ii." Ho hoa heard Paulet apeak most violently againat the 
 prisonora. Marcou.x'a conduct at I ho election waa the aanie as on all other 
 occasiona, extremely violont. They suspected the witness, aa ho did not bo> 
 long to their purty. Ho saw Murcoux and his party in possession of the poll, 
 and Jones' party were generally obliged to keep at a distnnco from the poll. 
 On the morning after the inquest wus held, he was in the bar.room of Paul 
 Hua. Paulet aflerwarda came in, and, perceiving one Anloine Borard there, 
 ■aid, *• why do you come here among us, after having made a deposition 
 againat our party." Berard replied, that ho had spoken the truth. Paulot 
 then said, that Berord ahould come up to Montreal, and contradict hia former 
 deposition. The atoamboat " Union Canadienne" was freighted on the fol. 
 lowing Sunday to convey Mr. Pickel and Berard to Montreal. He knowa 
 Isaac Jones to bo a most peaceable man. 
 
 Cro$»-examined by the Solicitor-Ggnbral. — Ho is a shoemaker, living in 
 Montreal. He had two objicts in view in going to Sorol; the first being to 
 keep out of the way of tho election for the West Ward of Montreal ; and tho 
 aecond, to buy fish and poultry on speculation. He only remained in Sorel 
 to do his business. He lives in the Quebec Suburbs of Montreal, but has a 
 property in the West Ward. Ho took no interest in the Sorel election ; mado 
 no speeches there, and expressed no opinion on the election. In his own 
 opinion ho certainly wished success to Mr. Jones, and to the opposite side a 
 defeat. He did not vote at the West Ward election, although Mr. Papineau 
 aent a caltche twice for him. He cannot say who were present when Paulet 
 used tho expressions alluded to. He heard Pnulet express himself in that 
 manner ihriio or four times. There might have been twenty people present 
 when he aaid so. From their not expressing any horror at the language made 
 uae of, he thinks on that occasion he was the only man of feeling in the com* 
 pany. He is acquainted with very few at Sorel, his business being at a place 
 nine miles lower down the river. He followed the shoemaking up to 1832, 
 he then turned carter, but in November resumed his old trade. It is true, 
 that in 183*2 ho acted as assistant to tho Cholera Doctor, Stephen Ayrea, and 
 may have mixed up charcoal for him. Ho docs not consider himself a med. 
 dling man. « 
 
 Antoine Berard, called and examined by Mr. Driscoll. — He was living at 
 Sorel on the 5lh November lant. He knows Martel Paulet, a brewer in tho 
 village. He never had any other conversation with Paulot beyond his telling 
 the witness that he had perjured himself in a deposition he had made in favor 
 of the prisoners. The witness was brought up to Montreal to contradict it, 
 but he refused to do so. Paulet did not threaten the witness, but he come up 
 with tho witness to Montreal. He received no money for so doing. When 
 he reached tho chamber of the judges, where he was to make his contradic> 
 tion, he saw some others going out, and the witness followed them. Paulet 
 did not dictate to him, and he does not know who wrote the paper that was 
 handed to him. Tho deposition was taken in writing in the presence of tho 
 witness. Tho first deposition he made was written by Mr. Crebassa. Paulot 
 was present when the second declaration was read over to the witness; Ho 
 thinks Mr. Pickel paid for the pasaage of the witness to Montreal. 
 
'7^ 
 
 i 
 
 48 
 
 Tbe Solicitor. Uknkr.sl dooiined oron-oxamiiiing tho witnoat. 
 
 MiDARo Crefgau, cailuti ami examined by Mr. Boiton. — He hau lived tt 
 Sorel tor tho laut Rovonteen yoarv, and remomluirs llie circumstnncoa of the 
 Slh Nnvombor. Ilo in by trudo a contractor, lie knew that a chimney w«a 
 to bo biiill for Mr. niiiiiii:i, &» ho wns one oftho contraclors for Ihn worlc. ilo 
 knows Dumas well, uiui on rcpuirinjr his house, thoy took down the old earth- 
 on chimney, to rc|iliicn it with a solid stone one. The witness was going to 
 Dumas' with thu curts wlion ho wns mut by a mob ofpcrHons. Ho he:ird the 
 mob encouraging eacli otlior, nnd cryinjj out " fight, kill." Theso poopio pre- 
 vented thn ciiiiniiuy from being h\v^>.. Ho licnrd no shots. Ho in a Lieuten. 
 • nt of Rlililia, Lul iio could have oxorciBcd no luilhority over the mob. He 
 did not SCO luuac or James Jones, but iio saw \Villicm Jones with his |>arty, 
 when they wont to suo Colunol Jonos, tho Magistrate. Ho saw some fence 
 mils in tho air when they wore utlankod, but iio did not hoar the voice of 
 Marconx among thoso calling out. Ho could recognise no voices. When 
 the curt was upset, he heard tho word ** tiro" called out, and saw the flash of 
 a gun shot in tho air. He thinks the shot was fired to intimidate the people. 
 He hnd nothing to do with Murcoux, who was a quarrelsomo man, and gene, 
 rally at the head of every tunuilt. Tlio mob appeared determined to carry 
 their point. Ser.ioofthem suid they were hired for the purpose. He saw 
 ■omo peaceable people insuUed at tlie poll. He himself was insulted, but 
 made no rcsistuiice. Murcoux was always at tho head of the people. Hd 
 knew Maximo Ausscnt, who was also violent. Ho heard Pierre Touin say, 
 that they might teui ' ... shirt to pieces, us lie would be well paid for it. The 
 witness recognised Charles Pug6, Alexis Peloquin, Joseph Lamer, and some 
 others, Murcoux in hin presence insulted Mr, Jones, ono oftho candidates, 
 and Colonel Jones, without any provocation. 
 
 Croas.fxamined hy the Souci'roR.GRNERA.i,. — He was one of the partisan! 
 of Mr. Jones. Ho did not see M'Nie with a sword, but with a small stick. 
 
 Richard Hall, called and examined by Mr. Armour. — He is a gunsmith, 
 residing in Montreal, and understands percussion locks well. He knowa 
 Manton to be a first-rate gun lock maker. The witness was employed by 
 Isaac Jones to repair the gun produced in Court, and repaired the locks. He 
 told Jones that the springs wore too strong ; much more so than necessary« 
 as they made the gun liable to go ofi' suddenly. The gun goes off very readi- 
 ly; he has struck the gun once or twice with a stick, while the cock was 
 down, and it has gone olT. Tho witness repeated the experiment in Court, 
 and the gun went easily off. Any violent blow givon to a gun of that de. 
 Bcription would discharge it. He thinks that the cock of a gun pulled back 
 would protect the hand placed behind the cock, and a blow given to the gun, 
 would cause a recoil from the discharge, if the gun went ofTi 
 
 The Counsel for the Prisoners here stated to the Court, that they cloaed 
 their case, and submitted thoir defence to the Jury. 
 
 Mr. Boston was about entering upon an argument as to the insufficiency 
 of the evidence to establish a murder, and to comment upon one or two ma- 
 terial facts in the case, but the Chief Justice said it waa unnecessary, aa the 
 Court felt itself fully in poasesston of the caae. 
 
 Laurent Dumas was recalled and examined by the (7hief Justice. His lot 
 ia 66 feet broad by 132 feet deep. The well is in the centre of the lot. 
 
 The Chief Justice then stated, that he waa prepared to give the opinion of 
 Uie Cqurt upon a question which haa arisen during the progreta erf the trial, 
 on the motion of the Solieitor-General, that the deposition of Pierre Corpen- 
 tier, a witness examined before the Coroner, be read, to show in what respect 
 
it nu oontradiotuvy to the teHtimuiiy {ivttn by him bwforetho Court, to witicli 
 objoctioni wore mado by the Counsel for the I'riiunori. The Chief Junticti 
 thon slatod, that tho Court wero of opinion thtit, under the iiuthority uf tho 
 csRO of Tlio King va. Oldroyd, (RuiHel & Itynn, C. C. R., p. 88,) this motion 
 might havo boon granted on tho firat ap|>lication, but it liavin{; been Htated by 
 the witnoia, t nut he had been intimidated by Humo others, witnomea for tho 
 proscuution, and wua under the intluenco ot liquor, nt the time he made hi< 
 declaration, the Court thought it adviiiablo, before allowiof; this duclaratiun 
 to be rctid, to admit tho partioH on both aides to adduce auoh ovidenoo aa they 
 niijzht havo, touching the state and situation of Curpontior when examined 
 bfliuro the Coroner. Tliis having been done, and the statement of the wit. 
 nesses on tiiis point appearing so contradictory, as not to load to any certain 
 conclusion, the Court were of opinion that the whole should go to the Jury, 
 with directions to them, that in case they should Ins of opinion that Carpen> 
 tier had been tampered with, or was under the influence of liquor when exa. 
 rained before tho Coroner, they should give no credit or attention to that exa. 
 mination, but to attach ihoir consideration to the testimony given by Carpen- 
 tier before tho Court, and to give that credibility to which they might consider 
 it entitled, when compared with the otiter evidence before the Court. If, on 
 the other hand, the Jury should be satisfied that the declaration jnuHo by Car- 
 pentier before the Coroner was free and voluntary, and without any undue in. 
 Hoence or constraint, they would in that case see the palpable contradiction 
 between that declaration and the testimony given by him before the Court, 
 and totally reject that testimony as unworthy of credit — observing at the same 
 time, that, in rejecting this testimony, the Jury oould not receive as evidence 
 against the prisoners the declaration so made by Carpontier, being admitted 
 heiD m rely to teat the truth of his testimony before the Court. 
 
 The deposition of Pierre Carpentier in the French language was thon 
 road, and is to tho following purport : — 
 
 PiBRRB Carpkntier, of the Borough of William Ilonry, labourer, being 
 duly sworn, declares, that on Wednesday, the 5th of November last, at abcut 
 nine o'clock at night, ho was at Peter M'Nio's, in the said borough, when 
 and whore were also present, William Jones and John Jones, of tho same 
 place, each armed with a pistol, a foot in length, which they severally Icnddd 
 with powder and shot. The witness further adds, that ho was then in the 
 service of Peter M'Nio, who ordered him (the witness) to go and |^et sticks, 
 which ho (witness) did, and procured ten of beoch, about 2^ feet m length. 
 That upon that about twelve or fifteen men, the greater part armed with 
 sticks, and some with fire arms, proceeded, and on the way stopped ct Pierre 
 Triganne's and asked for lire arms, which he (Triganne) refused to lend th<>-.ii. 
 That they then proceeded on their route, and reached tho lot of Laurent Dumas, 
 in tho said borough, and where they found Alexis Peloquin,of the game place, 
 who addressed them, and earnestly requested of them to abstain from any 
 violence, but they returned no satisfactory answer, and that tho English at- 
 tacked the Canadians. That he saw James Jones on the lot of tho said Do. 
 mas, and heard him cry, " Fire, Isaac, fire." That he heard an explosion of 
 a fire arm at about thirty feet distaace, and shortly after heard renewed cries of 
 " fire, fire," and instantly other discharges of fire arms. What he calls the 
 English is the Jones's, the M'Nie's, and those who accompanied them ; and 
 that at M*Nie's it was resolved to fire upon every one of those who should 
 oppose tho erection of tho chimney to the house of Dumas. That to his 
 ^^Lowledee there was no explosion of fire arms, previous to tho cries of •• firo, 
 fire," and that he saw William Jones discharge a pistol in the air, in the cen. 
 tre of the assembled crowd, near Laurent Dumas' house. That he then and 
 there saw assembled together, and armed with sticks and fire arms, and en. 
 deavouring to put the phin proposed at M'Nie's, into execution : Isaac Jones, 
 William Jonea, Medard Crepeau, Laurent Dumas, Charles Desmarais, Joseph 
 AUud, Peter M'Nie, Dascart M'Nio, Peter Baley, Luther Sawtell, Patrick 
 
50 
 
 
 M-Donogh, nnd Francis Bradloy, the two last mentioned peraona being in tho 
 service of ('olonel Robert Jones, from whose residence two of the guna had 
 been procured, which were probably used. 
 
 Sworn before me, at William Henry, ) J. M. MONDELET, 
 the lOlh November, 1834. \ His Majesly'a Coroner. 
 
 The Chief Justice then stated to tho Jury the opinion they had thus ren* 
 dered, and the terms upon which the deposition was to be received by them. 
 
 The Chief Justice then proceeded to charge tho Jury in both tho English 
 and Frencli languages. In substance he remarked, that much time had been 
 occupied in tho examination of this case, and much testimony of a contradic. 
 tory nature liad been adducod ; it was tho testimony of the parties opposed to 
 each other in a contested election, who appear to have viewed the transac- 
 tions connected with this prosecution in so different a light, as to require 
 the Jury to direct their attention in a more particular manner to find out the 
 truth, and to give their verdict accordingly. Tho case may be considered in 
 three points of view ; as murder — as manslaughter — or as merely accidental. 
 Ho would first consider the case of the principal, Isaac Jones. 
 
 Murder is the wilful killing and destroying of any person from malicious 
 motives or evil desi;jns, and to gratify the feelings of a corrupt heart bent up. 
 on mischief, which is to be collected not merely from previous threats, but 
 also from the mode and manner by which the evil purpose is effected, and 
 from which an evil design may be presumed. 
 
 The circumstances which led to the contest in which the deceased, Louis 
 Marcoux, lost his life, appear to have originated in the intention of one 
 Dumas, who w;is attached to the party of John Jones, one of the eandidates, 
 to erect a chimney in his house, with the view to entitle him to give a vote 
 next day for tliat party. In directing their attention to the evidence adduced 
 on the part of the prosecution, it would appear, by what is stated by the wit. 
 nesses in support thereof, that they and all the persons who were in the even, 
 ing of the 5lh November last collected in the house of the Widow Paul Hus, 
 and of one Grenier, were quietly assembled, without any previous intention 
 or design to resist those who intended to erect this chimney, and that on 
 hearing that a party was coming up with carts and materials, they wert oat 
 more from curiosity than evil purpose, and were assaulted by that party, as 
 well with fire-urms, as with sticks and other offensive weapons. Such a vio- 
 lent assault would Iciiu to the impression of some preconcerted design on the 
 Eart of Dumas and his party, to effect by violence ond open force, what they 
 ad previously failed in. During this scufHe in the street, a gun was fired at 
 the end of Dumas' house within his lot, to which the attention of the deceas. 
 ed was particularly directed, and he jumped over the fence to see who it was ; 
 that on going up to this person, tho deceased found it was the prisoner, Isaac 
 Jones, who presented his gun at him. Tlie deceased told him not to fire, and 
 struck the gun wiih his stick to lurli it aside ; at this time the voice of the 
 other prisoner, James Jones, was heard calling out " fire, Isaac," on which 
 the gun was 6red, and tlin deceased was mortally wounded, and died a few 
 days afterwards. Accoi' ing to this statemeni of the case, it would amount 
 to murder, for as no violence would appear to have been offered to the prison, 
 er that could excite any heat or pasKion, or an apprehension of personal dan. 
 ger, the use of so fatal an instrument as a loaded gun would indicate a mali. 
 cious intention ; the pushing aside the gun by the deceased with his stick 
 could bo considered only as done for self preservation, and not as an attack 
 on the prisoner. On viewing tho whole of the evidence for the prosecution, 
 the same facts are reiterated by almost all the witnesses, without any particu. 
 lar detail of eircumstancos that would enable them to draw a more ^vourablo 
 conclusion for tho prisoner. 
 
 But in judging of this case, they had to look at the evidence adduced on 
 the part of the prisoners, to see in what it varies from that on the part of tho 
 Crown, and what additional circumstances are stated, froqn which a different 
 
51 
 
 lren< 
 
 Im. 
 
 view of till! ciso may nrJHa, so as lo excul()ato llio prisonors from tho eliarga 
 of murder, and rcdiice it to that of mansliiughl(!r. 
 
 Manslaughter is stated to be, whero death ensues upon a uiiddeu affray, and 
 in heat of blood, u|>on somo provocslion given or conceived. This is alHo 
 considered to be a felonious killing, as done witliout necessity or sufficient 
 excuse, and subjects tho individual to punishment — but it i«? distinguishable 
 from murder, as not being tho result of a cool and deliberate judgment, and a 
 previous malignity of heart, but under tho impression of tho moment imputa- 
 ble to human infirmity alone. Hero I'ley had much evidence to consider, 
 which appeared so contradictory to what had been stated by the witnesses for 
 the Crown, th^t they must necessarily determine on which side tho truth was, 
 and feel satisfied that tlieir verdict is founded on it. This evidence would 
 Nhcw that tho intentions and conduct of tho party who had assembled to pro. 
 toct tho building oftho chimney was orderly and peaceably throughout; that 
 they had consulted a magistrate as to the course they should follow, and had 
 oven requested a peace-officer to accompany them, and although some of them 
 appear to have had sticks, and some fire-arms were seen at the house of M'Nis 
 where they assembled, yet tiiis was stated to be merely for self-defence, and 
 not intendod to be used offensively against anv one ; that on approaching Ihi 
 house of Dumas with the carts and materials for iMiiliiinjr tiio cliiinney, a rush 
 was made upon them by a number of persons from the liouses of the Widow 
 Paul Hus and Grenier, armed with sticks and rails, who overturned some of 
 the carts, and assaulted those who accompanied I4iein, and drovo them back ; 
 and that several of them were beat and bruised, and all fled under an appre- 
 hension that their lives wcro in danger. As to tlie building of this chimney, 
 if conducted peaceably and quietly, it was lawful, whotlier done by night or 
 by day, and Dumas had a rigiit to call in the aid of his friends to assist him in 
 any lawful undertaking, while the conduct of thosis who obstructed hi.n in 
 this was unlawful, and might bo considered as a riotous act from the niambers 
 assembled for this purpose. In regard of any arms or olFensive weapons that 
 Dumas' party look along with them, it was pro[ier to observe, that if done to 
 protect their persons, they had a right to do so ; if done for ollcnsive purposes, 
 it was criminal, and, had death ensued, it might amount oilher to murder or 
 manslaughter, according to circumstances ; but of tlio intention of the parties 
 in carrying such weapons, thoy were to judge. It may, however, bo reason- 
 able to presume, that those who had in view lo build this chimney, would ra- 
 ther seek to avoid a contest which would interfere with their purpose, whilo 
 tho object of the adverse party was to avail themselves of any means that 
 might prevent it, as thoy thereby expected to (bprivo their adversaries of a 
 vote. But whatever might have been tho views or conduct of the parties thus 
 engaged in the street, the case of tho prisoner is in somo respects isolated 
 from this part of the contest ; he was not one of the party that met at 
 M'Nie's, or that accompanied the carts. After they had proceeded a certain 
 distance, ho was seen with his gun in iiis hand proceeding by himself towards 
 tho house of Dumas ; ho did not join tho persons in the street, but took his 
 stand on Dumas' lot, near the back corner of the house, where, whilo tho af- 
 fray was going on in the street, he fired one of the barrels of his gun in tho 
 air. This would seem to have been the first shot firod; it attracted the notice 
 of tho deceased, who jumped over the fence and went up to the prisoner. 
 And here they had to attend to some material circumstances, of which no 
 mention was made by tho witnesses for tho Crown. He alluded to the testi. 
 mony of Dumas, and Pierre Touin. Dumas said that ho had taken refuge ia 
 his house, and was observing what passed by looking through the openings 
 between some boards with which some windows in tho rear and gablo end of 
 his house were closed; that the person who jumped over the fence had a stick 
 in his hand, and ran at the person who had fired tho gun ; that the latter 
 turned and ran off, pursued by the former, who was striking him with his stick 
 and must have given him several blows ; and that after running about half-way 
 down tho lot, the person pursued, who had his gun in his hand, turned round, 
 and both appeared fighting together, when tho gun went off, and he imrae' 
 
 o 
 
 •# 
 
 
. ■■■ ■■■—■■« '^-y 
 
 01 
 
 (Itately heard the cry of murder. Touin, a witneas for the pronocution, but 
 not examined, eays, that when the deceased jumped over the fence to lee who 
 had fired, the witness followed him ; that when the prisoner saw the decoAsod 
 go up to him^ he turned and ran, the deceased followed him, and pushed him 
 in the back with his stick. About the middle of the lot the prisoner turned 
 and asked of deceased, why he pushed him that manner, he then had his gun 
 in his hand pointing downwards ; the deceased gave a blow on the gun with 
 his stick as if to turn it aside ; the parties again spoke together, but he did not 
 know what they said ; the deceased gave another blow with his btick, but 
 whether it fell on the gun or on the prisoner he could not say ; the gnn then 
 went off, when the deceased fell. 
 
 These circumstances are material on a charge for murder, for here an as- 
 nault appears to have been committed on the prisoner by the deceased, to 
 whom no persona] provocation had been given by him. The deceased is stated 
 to have been the loader of a party at the election, and a man of a violent 
 character. On seeing him approach with a stick the prisoner fled, whether 
 from apprehension, or to avoid contest, they could best determine ; he was 
 pursued by the deceased, and according to Dumas' testimony, the prisoner 
 must have received several blows before he faced round on the deceased, when 
 they appeared as fighting and the gun went off. It may, however, be doubted, 
 whether from the situation in which Dumas then was, the parties being then 
 near tiio middle of the lot, and at fifty or sixty feet from him, he could sufii. 
 ciently distinguish what took place, as it was not a clear night. But Touin 
 says that he was on the lot, and stood in a direction between the parties, and 
 describes the pushing and blows given by the deceased, and in bu far he cor- 
 roborates the testimony of Dumas. Should they therefore be satisfied, that 
 the assault and striking at the prisoner was of a nature to excite a feeling of 
 passion or anger in him, or a sudden apprehension of personal danger, and 
 that under this impression he fired the gun at the deceased, it would amount 
 only to manslaughter. There appeared no ground to extenuate the killing in 
 such case to self-defence, on the supposition that the life of the prisoner was 
 in danger, as it does not appear by the instrument used or the manner in 
 which it was used, there was reason to apprehend such danger. 
 
 There was, however, another point of view in which this case had been 
 presented to them, as unconnected with crime or criminal intention — that of 
 mere accident, which if founded, requires that they should acquit the prisoner. 
 In proof of this, an instrument had been produced before them, called a per- 
 cussion gun, which had been proved to be the property of the prisoner, and to 
 be the gun I.e had witli him on this unfortunate occasion. He could not hero 
 fail to blame the want of prudence and discretion in the prisoner, (putting 
 criminal intention aside,) in having taken with him such an instrument, par- 
 ticularly of the description here given, to a situation where contest was likely 
 to arise, or even accident to happen. Whatever might be their verdict, the 
 prisonei' must attribute blame to himself on this account alone. This gun, it 
 had' been proved, may be fired when a cap is put on, by the mere stroke of a 
 stick, or hard substance striking it, whether cocked or not, and several in- 
 stances had been stated to them of this fact, and the experiment tried before 
 them in the face of the Court could leave no doubt on the point. From this 
 circumstance it is inferred, that the blow given by the stick, such as described 
 by the witness Louis Roi, to have been in the hands of the deceased, when he 
 lefl the house of Widow Paul Hus, was more than sufHcient to have caused 
 the discharge of this gun in the hands of the prisoner. And as further evi- 
 dence to shew that it was not the intention of the prisoner to kill or to hurt 
 the deceased, it had been proved that the prisoner had previously taken no 
 part, nor voted at the election, but had withdrawn from Sorel for a certain 
 space of time, to avoid all contest ; that he was in the habits of intimacy and 
 friendship with the deceased ; and that a few days previous to this election, 
 notwithstanding all the violence of character and conduct attributed to the 
 deceased, the prisoner had become bail for him on a complaint made beforA 
 a Magistrate for some breach of the peaco. The account given by John Jones, 
 
58 
 
 ion, but 
 
 Bee who 
 deceased 
 Bbed him 
 er turned 
 d hiB gun 
 gun with 
 DO did not 
 btick, but 
 
 gun then 
 
 ere au as- 
 ceased, to 
 d is stated 
 f a violent 
 i, whether 
 e ; he was 
 10 prisoner 
 ased, when 
 be doubted, 
 being then 
 could BUffi. 
 
 But Touin 
 parties, and 
 , far he cor- 
 itisfied, that 
 a feeling of 
 danger, and 
 ould amount 
 he killing in 
 prisoner was 
 ij manner in 
 
 ase had been 
 ,ion — that of 
 
 the prisoner. 
 
 called a per- 
 iBoner, and to 
 ould not hero 
 •ner, (putting 
 Btrumont, par- 
 test was likely 
 sir verdict, the 
 This gun, it 
 (re stroke of a 
 nd several in- 
 nt tried before 
 it. From this 
 ch as described 
 eased, when he 
 
 to have caused 
 
 as further evi- 
 , kill or to hurt 
 ously taken no 
 ■el for a certain 
 of intimacy and 
 to this election, 
 ittributed to the 
 int made before 
 by John Jones, 
 
 who sat up with the deceased the night of the accident, of the statement made 
 by the deceased when asked how it happened, is further adduced as the ini. 
 pression on the mind of the deceased, that in this rencontre, he was to blame 
 and not the prisoner. Mr. Jones says, the deceased began to apeak about the 
 building of a chimney, that he had seen a person fire a gun, and jumped over 
 the fence, that he struck this person, and on giving the second blow ho recog. 
 nised the prisoner ; hero the deceased began to get weak, and concluded by 
 Buying " it was my own fault." 
 
 These circumstanced, with the humane and mild character of the prisoner, 
 were submitted to their consideration upon this latter view of the case, and 
 they would no doubt give that weight to this, and to the other matters laid 
 before them, as they should appear to merit. It was a case of moment, in 
 which they had to discharge a painful but a necessary duty, and in doing jus. 
 tioe between the public and tlie prisoner, should ony doubts arise in their 
 minds upon any of the points thus submitted to them, these doubts ought 
 always to weigh on the side of mercy and in favor of the accused. As to the 
 prisoner James Jones, he is charged as an accessary before the fact, and it is 
 only necessary to say, that unless you find Isaac Jones guilty of murder, 
 James Jones must be acquitted, as in the case of manslaughter there can be 
 no accessaries before the fact. 
 
 The Jury then retired to deliberate upon their verdict, in charge of consta. 
 bles, r'^d in about thirty minutes, at about tlireo o'clock, returned into Court, 
 and bci! nailed over, by John Daly, returned a verdict of "Not Guilty" infa. 
 vour r n irisioners. A very marked expression of the public feeling in 
 favou . )i prisoners, which the exertions of the officers of the Court could 
 not Bii,^.<.^B, was then manifested by the crowded audience that had attended 
 during the progress of this prolonged investigation. The prisoners were then, 
 on motion of Mr. Boston, discharged from the dock, and were conducted 
 from the Court by a number of their friends. 
 
 For the purpose of rendering this trial as perfect as possible, the Reporter 
 deems it necessary to add here the substance of the deposition of the deceased, 
 Louis Marcoux, which the Solicitor-General moved to have read to the Jury, 
 but which, having been opposed by the Counsel for the prisoners, was finally 
 withdrawn. 
 
 The deposition of Louis Marcoux, which was taken before E. W. Carter, 
 Esq., J. P., on the day of the accident, stated, that on that evening, " be. 
 tween the hours of nine and ten o'clock, he saw a man on a lot of the said 
 borough with a gun in his hand, which said man fired ; the said deponent 
 wont up to the man, whom he then recognised to be Isaac Jones. The said 
 deponent struck at the gun, and told the said Isaac Jones not to fire, on 
 which the said Isaac Jones pointed the gun which he held in his hands at the 
 belly of the said deponent, and fired the same, which caused a deep wound in 
 the belly of said deponent, under which he is at present suffering. The said 
 deponent declares he also saw a man, whom he recognised to be Luther Saw- 
 tell, present when the said Isaac Jones fired, and a number of other person*, 
 whom the said deponent could not recognize." 
 
 ... ■ • ,.■•;--;.-...;? 
 
 
 
c: 
 
 ai 
 
 Si 
 
 Subsequent to tlio trial, the fulluwititf Dapositions were taken, and the two 
 individuals mentioned therein, Moyso Dupleasia and Marlul Paulot, were ar- 
 rested, and held to bail, on charges of perjury. 
 
 h !i 
 
 
 ^1 
 
 ruoviNCK OF Lower Canada, > q,^ ,y , 
 
 District of Montueal. i 
 
 Luther Sawtell, the Younger, of the Borough of William Henry, in the 
 said District of Montreal, Trader, being duly sworn upon tho Holy Evange. 
 lists, deposeth and saith, that he never did on any occasion say to one Mar. 
 tel Hus dit Cournoyer, of William Henry afoiesaid, what the said Hua dit 
 Cournoyer hath stated in his deposition, given before Jean Ma^ie Mondelet, 
 Esquire, the Coroner for the District of Montreal, on the inquest held on the 
 body of tho late Louis Mnrcoux, deceased ; and further the said deponent 
 saith that the said Martel Paul Hub dit Cournoyer hath, in deposing that he 
 the deponent, did state to him the said Cournoyer " that ho (deponent) was 
 on the ground when Marcouz was shot, that it was not he (deponent) who 
 committed the crime, that it was Isaac Jones who shot Marcoux," and that 
 "Isaac Jones had loaded his gun with a handful of snipe shot," has com- 
 mitted wilful and corrupt perjury, inasmuch as no such conversation did ever 
 tako place, and further deponent saith not, and hath signed. 
 
 LUTHER SAWTELL. Jun. 
 Sworn before me at Montreal, > ^ a nxTr^r nr 
 
 this 9th day of March, 1835. J^" '^RNOLDI, 
 
 J. P. 
 
 Province of Lower Canada, 
 District of Montreal. 
 
 To Wit ; 
 
 Peter M'Nie, of the Borough of William Henry, in the said District of 
 Montreal, being duly sworn upon tho Holy Evangelists, deposeth and saith. 
 that one Martel Paul Hus dit Cournoyer, of William Henry, aforesaid, has 
 commmitted wilful and corrupt perjury, in stating in his deposition before 
 Jean Marie Mondelet, Esquire, the Coroner for the District of Montreal, on 
 the inquest held on tho body of tho late Louis Marcoux, deceased, that ho, 
 deponent, had said to him the said Martel Hus dit Cournoyer, " that he, tha 
 deponent, had been on tho ground when Marcoux was shot, that it was not 
 he, the deponent, who shot Marcoux, but that it was Isaac Jones who shot 
 Marcoux," and that he, the deponent, had stated to him tho said Martel Paul 
 Hus dit Cournoyer, *' that ho saw the said Isaac Jones 'oad his gun with a 
 handful of gripe shot," inasmuch as nn such conversations ever took place. 
 And further deponent saith not and hath signed. 
 
 PETER M'NIE. 
 Sworn before me at Montreal, ) n a rnvmr r\j r d 
 
 this 9th day of March, 1835. \ "' ARNOLDI. J. P. 
 
 li 
 
 .To Wit ! 
 
 FaoviNCE OF Lower Canada, 
 District of Montreal. 
 
 Peter M*Nie, of the Borough of William Henry, in tho District of Mon- 
 treal, Trader, being duly sworn upon the Holy Evangelists, deposeth and 
 saith, that he was a witness for the defence on tho trial of Isaac and James 
 Jones, for Murder. 
 
 That one Moyse Duplessis, of William Henry, aforesaid, Notary Public, 
 with a view to prevent tho said Isaac and James Jones from having the bene- 
 fit of the testimony of deponent, knowing that the Court had directed the 
 witnesses on the part of the Crown and on the part of the prisoners to remain 
 and keep out of the Court-house, until called for examination, did falsely and 
 maliciously make oath that he did see deponent in the Court-room whilst he, 
 Duplessis, was under examination. And further, he the deponent, doth upon 
 
two 
 ar- 
 
 ^ 
 
 8S 
 
 hit «ath Kftt and m^, that he was at no moment intide of the Court-room 
 during the examination of any witness, until he was oalled for examination— 
 and that the said Movse Duplessis did knowingly and corruptly make a false 
 oath, in saying that deponent had been inside of the Court.room during the 
 examination of him the said Duplessis. And Author deponent saith not, and 
 bath signed. 
 
 PETER M'NIE. 
 Sworn before me at Montreal,),, ^ Ti?vDnifnv r d 
 this 9th day of March, 1835. P" *"• I'EraOHOW, J. P. 
 
 FkOTiNCB OP ZiOWBR Canada, ) 
 DiSTr icT OF Montreal. \ 
 
 To Wit ! 
 
 John Jones, of the Borough of William Henry, in the District of Montreal, 
 Gentleman, being duly sworn upon the Holy Evangelists, deposeth and saltb, 
 that during the whole of the time when Moyse Duplessis was under examine, 
 tion, at the trial of Isaac and James Jones, for murder, both on tho first day 
 and on the second day of trial, Peter M'Nie, of William Henry aforesaid, the 
 witness, whom deponent ia informed, was stated by Duplessis to have been in 
 Court, was with deponent in the passage of the Conrt.house, and never en* 
 tered the Court Room. And further deponent saith not, and hath signed. 
 
 JOHN JONES. 
 Sworn before me at Montreal, } « » > vponirnw r p 
 
 this 9th day of March, 1835. j ^' ^' *'E*^KOHON, /. F. 
 
 ratNTU AT THi MoaNiNQ GovniiK omci. 
 
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