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Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre filmis A des taux de reduction diffirents. Lorsque le document est trop grand pour 6tre reproduit en un seul clich6, il est film6 A partir de Tangle supArieur gauche, de gauche A droite. et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 1 2 3 4 5 6 45 Victoria. Sessional Papers ^No.l06.) A. 188^ PETiriONS AND REPLY Toraa CHARGES PREFERRED AGAINST TBI aV HON. E. B. WOOD. C.J., PROVINCE OP MANITOBA. '-X PRINTED nV ORDEli OF PAHLIAMENT, J \ OTTAWA: PlilNTEI) BY MACLEAN, UO 45 45 Vi/;t"ri:\,. Sessional Popjrs (No.106.) A. 1-S2 PETITIOXS In nftTcii'c to the rhanjes prrfened acfiinst the Hon. Eilmunpy in full of the Answer to tlui b^vd. PctiHoni, I. J Chit f Justice Wood. To the Honorable the f louse of Commons in Parliament asseinh'ed. Tho PolI.;.):! of tlie under-i^ncJ inhabitaiits of the Pioviiu-o of Maiiit'jKa, huinhly shewolh : That 11 CVmmission was issued by His Honor tho Lioutcnant novernoi under tho Gi'oat Se:il ui' the Province of Manitibi on tho 'iSth of Oi'tohcr last, under which an onquijy was instituted into the adininistrulion of justice in that Province, aa to infants' hinds and estates. That a hiii;e amount of evidence was taken before tho CummissionorH so appointed. That u learned coiinsol was retained by the Attoi-iiey 'Jeneral of the Provinco, to marshal the evidence before tho said Coramissionrs and i-eport upon the same. That, acci-niingly, an exhaustive report w:is miido by tho said learned eounsol to tho Attorney-Goneral Uj)on the proceedings and ovidonco taken under the said Commission : — Your Petitioners most respeitlfully allege that tho grossest mal-:tdinii!istration of justice has hoi. n committed by the lion, ivlinund Buike Wond, Chief .Jnstice of tho Province of Manitoba as jtrovedin the ovidonco before tho s.ud Commissioners. Your Petitioners, thoiefore, luirubly pr;iy th.it your llonti-able IFouso will cause fin enquiry ti> 1)0 made into the truth of their nllo.^ation, a-i I !idoi)t sii'd) means as to your llonoral)lo House may seem meet to preserve tho inte.grity of the Bench of JriStice in our Province, that it may possess the oontidenee (f (Queen's Bench to ho helil in October, 1>S74, al wliich Coui't ono A'nltn.ise Lepino and others were to bo tried on indictment for mnrdor ; and the said llou. Ednuuul ijuiko Wood illegally and corruptly selected and placed. ;uid 'au-ed to be HcK'cted ;ucli list k) illegally selected and prepared as a)ore.->a;d to the 8!i'M"iff of Uie !*rM\iiHeof Manitoba, and ordered him to sunimon as many as he could tjnd ol tiio persori,- whose names were f»n said list and such order was obeyed, and the Krtid. Lv pine was tried by a jujy cornpo.-'ed of his etiemies, empanelled from said list Bu ilir^i|:ly jit epaied, and wa.-. lound guilty of muider, and upon such finding was 8enier,e(Hl lo death by tlie said Hon. iOdmund Bui'ko Wotni, Chief .fusticc of iho (;oiir ])o1itione)s do not jiretend to say whether (he said Lcpine was ii.;ioecnt oi ho' of tlie rnuiiier foi' \vhi such :<:■ all havo ConHderico in i rurt of .Justice. That llie Hon. i'ldmund Iiurko Wood, Chief .Tustice e-f the Court of Queen's Bcrieh forth'.' i'rovince of Miwiitol'a, is so notoriously p;;.rtia!, dicNh<.no-'. and ui'ju.'; in his juugraenls and decisions that suitors in the said Court know and feed that their rights are viot .-ale, and the peoj)ie of the rrovince ol Manitoba have no cm; fi io'ce in, or resjiccl 'ov, ilie jii'!gmeiils a(id decisions of the said Jlon. Kdrriund Burke Wood, and have b-st all confidence in, and respect for, the administi'ati()n of ju tice in !be l*!<>vi!i<'e >o lc>ng as the said Cliii^f Justice Wood shall contiiiiu; to [.re-ide in any of the (,'( urts of Jiislice of the s;iid Pi-ovinco. Thai tlio said Uon. Kdmnnd Bui'ke Womi is in the constant habit of in! i-oducing loc-d an'i I toi'iinion politics into his charges to Grand Jury, and, of taking an active part in ])oiitl(^, local tind Dominion, and did so more conspicuously than usual during tlie last local election at Winnipeg when, in a barber's shop, in the pre>enceofa iMunber of ]ie >jilc. the said lion. Chief Justii.'o Edmund Burke Wood made a niosi violen:. a' lack on the characuu" of ono of the candid.ites then t-i^eking e'eetion. That (he -aid lion. Edmund BurkoWood, in his chaigcs to the (Jrand Jury fir the Province oj' "Iiiniioba, at (lie .Spring Assizes «f 1880, de-'iaiod that lie b;id no confi- dence in the oath of any of thefiench native pojtulation of the Provitice, and as a natui'al C(ai^e(juenee of ; uch a declaration a large and irnjtoi'tant (dtiss of the jiopu- lation of the i'rovince of Manitoba has lost all confidence in the im jiaitiality of the Ch'of Justice Jid can entei'tain no hojie (>f fair or impartial justice before him. That the ^uiloip of the P/ovince of Manitoba have lost all confidence in the administration of justice by the said Hon. i'/limmd Burko Wood, Chief Justice of the Court of (Queen's Bench toi- (lie said Province, by retison of the evident and notorious partiality of the lion. Chief Justiee in the exercise f)f his judicial functions in favor of certain members ofthe Bar of Maintobti practising before Irm, some of sucii members ol liie Bur Ikmu.;; his own near relatives, a paitialily so very notorious ard so cloiidy ])voved in the eyes ofthe ])ublic that a large numljor of litigants afiatidotu'd ilioirown attorneys, and in self-defence felt compelled to emjiloy the said members ofthe Bur so favored b}' him, or letained in addition (o their attorneys so favored by bim, admitting openly (luit they so ai-ted, because those memborf of the Bar had full empirt! over the Judge and that he macle (hem gain their cases. That (ho .-aid Hon. Edmund Burko Wood, Chief Justice of the Court of Queen's Bencli for (ho Province of Muniloba, is in the constant habit of receiving at his own privite house in Winnijiog, persons who go to him to ask for his legal opinion and .idvicc in niaKers affecting their interests and which must naturally come afterwards 2 7 I i 45 Victoria. Sessional Papers (No,106.) A. 1882 a f I ds before the naid lion. Chief Justice Wood as a Jiidi^o of the Court of (Queen's Hoiich for trial ; tlwit ho /^ives his opinion and even recouuuonds Mich porsoiis mo considtitig him as to wliat attorney they should retain and warns them aguinsL retaining other attorneys who are not his liivorites. That liio said Hon, Edmund BiirUe Wood, Chief Justice for the Court of (^ucen'a Bench for the Province of Manitoba, is in the constant huljil of u>ing the most abuf-ive laiigu;ige towards both suitors and menilwrs of tiie Ikir of Mu'iitoba, in o]>on Court and in Chambers, and of disj)laying such uncontrolablo iinirniiLics of temper and hursts of passion whilst acting as a Judge, and to disgust all parties who are so unfortunate a.^ to be comj)ellod to submit to hi.> abuse, in.->uits und injustice. That the said Honorable Edmund Burke Wof^d is in the habit of taUiiig the un- sworn statement of persons On the streets oi- at his private rts^iuence in ))refereii(0 to the sworn testimony ot sworn witnesses in Court and ol giving such unsw<»rn >late- nient mo:e ere ience than the tesiimon}' of >worn wilriosses, and that he did so more ])articularly in the case of Sinclair vs. MclVmald ct iiL, in October, 1 bSO, airl was exposed through the public press for so doing. That the said lion. Edmund IJurke W()oii, Chief .ru>tico of the Court of Queen's Hencli for the Province of Manitoba, was guilty ot';,M-oss inju^Jtice and ]iaiti- ality towaiiis tl.c Del'endant's in the case of llogati t\s. Manning e.l al., in wliich ca>o the Plaintiif was represented by the said Cnief Justice's own ion and his ne|>!nw Messrs. IJiggs iJc Wood, attorneys aiie thousand dollars. That the said Honorable Ivlmund Biiike Woo.i, (!hi('f .justice of tiie Coui t of Queen's l^'iich for the Province of Manitoba, in his chai;i<'ter oi Judicc; ol the ' ounty Court of Manitoba, illegally and deliberately caused to bo >iin»m )ned .Ni'cDonald rf dl.^ in the case of McAdams f6'. McDonald e( al , m eleven o'clock in tlie forenoon ol" a cei'tain day in Ocl(d)er, 187!>, an 1 in defiance ol all lavv ami usage gave jUiiLcmeiit ugain-^t the l.'eteudaiit's, and caused an o:eeulion to m^nc again>t the said l'cli.nd;in:s' before one o'clock iti the afternoon of the same day, and the luiilitl'of tho (Joiiniy Court \va.> in the act of removing Hefondaut safe froni theii'ollii'c within three hourH after the |!relcnded sei'vice of the sumuions to app-ar, thereljy very scii.Misiy damag- ing the credit and standing of the firm of McDonald, Manidng i^c (.'<*., who w.ie aiul are contractors l"or the construi'tion of Section (ni; of the Janadian I'acilic iiailway. That the said Ifon. I'Almund Buike Wood, Chief .lattice of ihe (Joiirl of (Queen's Beneii tor the Province of Marutoba, has theiefoie be.m < har^od by the 'lov- ornment of Manitoba vvith degrading; the adinini>tration oi jiisiico liy his un-c 'mly conduct and grostj exhibition of intempcj-ance while in circuit as a .Judge of ilio Count}' Court, on the road and at Portage LaPraiiie, in the County of Maii^uotte, in the said [Province ol' Manilob.a. That the chaig(! hereby relei'iel to was soUiuuly made by the LieutiMiant-Coverrior in Counoil of the said Prcjvince, and was duly I'or- wariied to llie Minister ot Justice lor Canada. That by the aforesaid acts of injustice, conspiiacy, j»aru.ility and arh!trarint>-< by the aforesaid changing and alteration of a reeortl in ilio cu-.'i.ody of the Crown Otllco and a record of the Couit in a very imj)ortant, -erious and erimuud proceedings in wliich the life and liinu'ty of the parties implicated rniL''ht depend, .and by the co!'fU|)i- j)rej)aration or packing of the petit jury list lo try men for murder, ami by his degra- dation of the udminiNlration ol Justice, the said lion. Ivlmund iJuik-e Wood has com- pletely destroyed all confidence and resjioct in his rt'gard, and that he has roiKhued liimself enliroly unworthy of exerc-ising any longei' the honorable, sacred and august functions ol Chief Justice of the Court of (Queen's Hench of the I'rcjvince of Manitoba. Your petitif)nerH declare and pruy you to believe that it is most painful to them to he obliged in the interests of justice to ado|)t this mode of proceeding, au it must l>e always very painful to British subjects to acknowledge, tnuch ruoro d lOG— li A 45 Victoria. Sessional Papers (No. 106.) A. 1882 to expose, the fact that thero is corruption on the Bench. The suitorH, members of the Bar and people of the Province of Manitoba know the facts, and yet have been deterred from pi'cfcrrin^ charges for fear of the vengeance of the said lion. Edmund Burke Wood, Chief Justice of the Court of Queen's Bench for the Province of Manitoba, should he succeed in escaping the charges made against him. The facl.s aforesaid, if they are not all within the personal knowledge of your petitioners, are most of them matters of public notoriety, and have come to the knowledge of your petitioners in such a manner as to render them worthy of credit and belief. That your petitioners are in a position to prove that all the facts and complainta above set forth ai-e susceptible of undeniable proof. Wherefore your petitioners pray your honorable House to take this their petition into favorable consideration and deal therewith in -conformity to law and justice and the interests of the pure administration of justice an I the public service. And your petitioners as in duty bound will ever pray. WiNNiPEo, Man., January 3rd, 1881. HENRY J. CLARKE, Q. C W. BOYLK, Farmer, South Dutforin. T. J. BRADLEY, J. P. J. E. COOPER. RETURN (106) To an Address of the House of Commons, dated 13th February, 1882: — For a Copy in full of the Answer of Honorable Edmund Burke Wood, Chief Justice of the Province of Manitoba, to the Petition of Henry J. Clarke, Q. C, of Winnipeg, and others, presented to the House of Commons 4th March, 1881, said Answer being reputed to contain fourteen chapters. By Command, J. A. MOUSSE AU, Department of the Secretary of State, 24th March, 1882. Secretary of State. INTRODUCTION. IGth August, 1881. To the Governor General in Council. May it please Your Excellency in Council, — I have examined the charges preferred against me in my official capacity as Chief Justice of M.initoba, in a ])elition purj)orting to be subscribed by Henry J. Clarke, Q.C, F. T. Bradley, Johnson E. Cooper and William Boyle, a ('opy of which has been transmitted by the Hon. Secrotarj'- of State for Cansuia, for my j)erusal and observation in the order in which they are presented in the potiii(»n. The petition naturall}' divides itself into fourteen paragraphs, and I have accord- ingl}', in considering it, separated it into fourteen chuplers, making each chapter tho subject of separate observations. 45 Victoria. Sessional Papers (No.106,) A. lSo2 I have endouvored to bo as ln-iof :ih a full oxpo.sition and ovplanatioii of each muJv ataiiLivo aicu.-atioii W(.ald, in my jtidgtnent, admit. Tho pjjravity ol tlio cliargos, and tho importance to myself porsonall}', and the vast eonsidei'ations involved in a public point of view in this petition, as artV'ctin^ the independence of the ,furo[>er index, making easy reference to s;ili(!!it points and to docunicn's in dilleront ]*arls of uiy ob^etvations) ready to be liistrihute I to members in the irui'vs df I'ar- inuncnt, and that tiie s;ime shouM, on tiic nieetiiii^ of Parliament, be p!-(>fiiptly transmitted to both Houses for their consideration, alon;; with the jietition. 1 mako this su<;"!;o-lion, however, witli (bderene(>, feclint^ confident thif Your Ivxcellenev in Council W'li receive it in the spirit in which it is otl'ered, and fully aj)preciatini^ that to Your Excellency in C(juncil, in a pie-cininent de:xi'ce, I>elon'^s the prot'ietion of an inde[)endent and pure administiation of justice in an enlitfhteiied sy>tern of juris- prudenc", whicdi is the ^^reatest inteiest ot man on cai'th, an i whicli undei lies tho frame Work of human society, arul forms tho ligament that binds and holds civilized coramiinilics and civili/.ed nations together. In my view, the inteie>ts of society in general in tliis matter so far transc(!ud all consi iei'ations of individuals, as to imj»eratively demand that the pelitionoi's should ^'staIJli^d^ tlie allegation of facts in tlu; ]teliLion by irrefragable testimoti}', or stand before the world convicted b}' the judgment of Parliament, as dastanliy calumniators, and be c(»iidomned to that ignominy, disgi-aeo and puinshment which so vile and wanton an abuse of the right of j)etitif)n deseives. It is most lespertfully submitted that it is no light thing, by a fnrma.l petition to the great Court of Parliament, thus to assail a Chief Justice of a Piovinc^o and tho adrainislralion (d'justice over which he presides; and a-^iile from all jirivatc^ consider- ation, juiiilie interests of the greatest magnitude demand at the hands of tho (iovern- mont and of the Parliament of Canada, according to the constitution of the bind, a pron-jit and .-peedy vindication of the truths and a jiunishnnMit of the L;uilty. In the manner 1 have ventui-ed to suggest it Im most i-espectfully submitted that this end may be promjjtly attained ; for in my observations and appended documents is con- tained a full and com|dele demonstration of the willful, malicious and false insinua- tions and accii-.'itions in the whole petition. All of which is, nevertheless, most respeetfull}' submit (eil, E. B. WOOD, Chief Justice. CIIAPTKR I. Oh&ervations on the first piragraph of Mr. Clarke's petition, "The petition of the inidersigned, living or having interest- in tho Provinco of Manitoba, most respectfiUly showelh to your honorable House: "■That tho conduct of the Hon. Kdmuiid Burke Wood, Chief Justice of the Court of (iueon's Botudi for tho l*rovinco of Manitoba, residing at Winnipeg, in tho Baid Province, is and has been for yotirs past characterized by very serious tniscon- duct and injustice and by acts of u nature to completely destroy all contidenco in him as Jud_;e of the Court of (Queen's Bench, ot suitors and all other classes of jioople in the said i'rovinco of Mtmitolia, to wit : "That said Hon. K. U. Woo.l, Chief Justice of the Court of Queen's Bench of the Province of Marutoba, did deliberately in a most illegal and unjust manner in the case of Louis iJiel, et al., without the knowledge or con.-ent of the Clerks of the Crown of said Court of (Queen's Ik'nch or of defendant's counsel, alter and chatige the dates in certain documents and records of said Couit ol Queen's Bench, then in the custody of the Clerk of the (h-own ami Prothonotary of said Court, and did thoroby procure illegal outlawry of Louis Kiel and others." / 45 Victoria. Sessional P}i|>ers (No.106.) A. 188:^ Cortninlj from the 10th February, 1875, till I received o copy of thin petition I have never Hcon the papcr.-i in the Qiicon vs. Jiiel, nor had I the ^li^'lilcst intimation of ai.y Mich charge as that made against nio till 1 learned it from that ])e1ition. Since, I have examined the pajierw a.s they are filed in the office of the Court of Queen's IJench. The whole chai-ge is wanton and malicious and without tho eliglitest foundation in fact, as tlio j)apors themselves will ilcmonstrato. I camo to this Piovincc and assumed 7ny otlicial duties as Chief .Justice about the middle of June, 1^74. 1 found Mr. Clarke to he then tho Attorney herili"s coun'y cohi»s held at short intervals as 111 Kngland, nor any ])laces that would answer tho " hustings " in tho practico as settled in England, bo prosecuted to a successful tei'mination. As it appears by the ]ia])ers in the case, a capias had been issue! by Mr, Caioy on the 19th November, 1S7H, and an alias rapias on the lOth February, 1H74, .and a pliirir.s capias <»n the Idlli June, 1874 (fae simile co])ies of which are herewith onclo.-ed with the sheiitl's leturns tlieieon marked i-espectively A, 1? at.d C). They do ni>t jiurjtort to bo issueil by the authority of Iho Attorney-tieneral or any other prosecutor on behalt ot the Crown. That issued on the lOth of June, 1874, pur- f'oits lo be, and no doubt wan, i^sued after I came bore, but 1 have no lecollection of icing s])okcn to about it, lait no doubt if 1 had been 1 would have ordereii the writ to g). The test of each of these writs was on tho day of the statutory term of the sittings of the Court of (^)ucen's J'eiich, as it was called, for the he.niing and trial of ail matters civil and criminal. Accordirig lo my iccollection, as refreshed bj' an examination of the ]inpers, my attention was not called to Ibis matter till some lime in Octol.>er. 187-1. ()ii looking into the maltc:r, 1 lecollecl that 1 saw that nearly u yea '^ad already been coiiMimed in these outl.Mwry proceedings, and that, according lo tho regular practico in England, siiuated as we were in this Pi'ovince, I did not well sea how wo could got on so that the jjroceedings would be of any avail in law. Ah'eady considcrablo expense to the Pi-ovince, as I understood, had been incurred; but U])on tho whole I did not feel justified in oi-dering the proceedings to bo abandoned. Mr. Carey, on the return of the y/M/'/'cs C'/yy/V/.s, had issued the writ of exigent, returnable tho first of Hillary Term, 1875 (a IStatufe having been passed in 1874 establishing tei-ms for tho sittings of tho Cour*., and a Court of Assize), and a writ of capias cum proclamatione. .1 examined these writs, as I felt it my duty to do, and 1 looked carefully into the practico in such cases as it was in England, there being no cases to which I could rofer in this country. I thought best to conform as nearly as it possibly could be done, in our existing judicial status to tho practico, as settled by Statute in England. Wo had in Manitoba a Court of Queen's Bench, which then, by tho third section of 38 Vic, chap. 12, of this Province, was authorized to sit as a Court of Oyer and 6 45 Victoria. Sessional r;ipers (No. 106) A. 18S2 n 10 It 1(1 31" in id Terminer, &c.. and of Assize and Nisi Prius, three times in ouch yeai- for the whole Province, on the tenth days of FebruHry, Juno and Oi^tobor res|t clively, which embriteu within its jurisdiction all mutters cognizable by, or within the jurisdiction of, the Court of (gunner Sessions of Peace, in a county in England. Wo then had also five County Courts, as they were calloii — the County Court o[ St^lkiik', the County Court of ]j!sgui', tiie County Court of Provoni-lier, the County Court of Martjuette Ea^t, and the (/ounty Court of Marquette West. Aci'or.iing to Gude's Crown Practii'o, Vol. 2, p. L'SO, form of writ cion prorlama- /io«c, it ujipeared to me that one of the Courts at which the exiymt should be made was the (Joneral Quarter .Sessions of the Pea<'e ; and on looking at the Statutes, and the construoti(jn which tho Courts h;ul pu, upon thetn, I thou;^-lit it safost that tlie writs should bo so framed, and as the (Queen's iJeni'li, sitting us a Court i>f Oyer and Terminer, kc, was in fact for this I'roviu' o a Court equivalent to the Court of Quarter .S^•^.• ions of the Peace in i<]nglan(i. I came to the conclusion that <^ne pro- clamaticwi >liouid be made to the Court of (i'leeii's JJcnch, sitting as a ('ourt of Oj'or and Vi I'm i nor. Tiie writ of e.xi(/ent, as drafted by .Mr. C'lrey, ran thus: "We command you that you (•aiis( to bo exacted Louis Kiel, late of the pari.-h (d' St. Vital, in tlie county of Proveiichor, in the Province of Manitoba, geiiLleman, from County ('oiirt to (/ounty Court, until he shall be outlawed, according to the law and custom of Knuland, if he bhali not U'l ear." In the iunendmcnt 1 made to this form, the writ ran and now is : '• We command you tha! you cau.-e to be exacted Louis liiol, late of the ])arish of St. \'iial, in the cou/iiy ot Pi-ovinclu'i', in the Pioxince of Maiiitoba, gentleman, from (J. unty Court to County ('oiii't (' for four succes;:,') until he shall be oiiilawed, according to the law and custom of l^ngiaiid, if he skall not appear, &c." 1 have underscored and jmt in parenthesis the only amendment (except as after mciuioT)ed) 1 made to the wiit; and on the margin ol the writ opp' s;le the amendment, 1 liud in niy handwriting the words, " Amended, 10th Oetober, lb74, IL B. W(;od, CJ." The onl} otiier amendment made in the writ is conreqifnt up.;n what I liave said in respect of the change made in tli'- ,-ittings of Que h'- Bci/eh ill Term, and as a Court of Oyer and 'leiminer, &e., by the Act H8 Vi'., chap. 12, sees. 3 and 5. Mr. Carey's liratt made the wit relniiiiililo on the first da^- of ti e liiiiaiy Teim next, to wit, on the L'.'^th day ol' Februai'v, in i he year of our L')id one thousand eiglu hundred and hcve'iity-five." (^{8 V'e. i hap. 12, sees. 3 and ."•) iiul the ('otirt of Queen's Bench would not on ih.d day sit as a Court ''f Oyer and Terniiiioi', kv-., and I tberetoi'c ^t^uek out the words. "Fii>t day of Hilary Terra next, to wit, on the twcnty-tillh," aial Mdi.-titntid the word '• tenth." the day of the Bittii:g (d'the Couit as a Couit of Oyer and T(i miner, &.(■. And tiiither on and la^t of all, i struck out the words " m banco'' following the woid itting, and inserted the words aftei- the \V(.id ' t-itling" the womIs " as a Court of ()yei' and Tei miner and (ienei-al Caol IXdivery and of Assize and .\'/,S'' Priua ;" and oj)po>ite 'hese amendments, on the Uiaigin of the wi it, I placed the words " Amended 10th October, 18,4, E B. Wood, C. J.' The cognate writ ot cdpias cum jirorlainiitioiif. contains tins same amendments made at liie M me time ai:d lor the bame uasons. I forixjir to leiapitulato these ammdnu rils ; liut 1 send herewith exact copies of bothwjits respectively, marked D aid K, the iiinetidmcnt iu ing written in led ink, and the woids t-c(jred out havirg u icd line thiough them ; so that the whole thing may be comprehended at a glance. It appears by the ])aperH on file in the Ciown Office that on the 10th of Feb- ruaiy, 1875, the wi-its were returneii by the Sheriff and a record of judgment in due forni made up and filed in the office of the Clei k of the Crown and Peace; but as this record ia only a recital of the boveral writs and their return and as the labor of mak- 7 <13 Victoria. Sessional Pupers (No.106.) A. 1882 ing a copy of it is considerable, I am inclined to forego the labor unless a copy should be thouo-ht mriterial. For myself, I do not see that it is. In the case of ciiminal outlawry, the jjroceodings are necessarily ex parte ; they are simply to ( ompel, siftei- indit'tsucnt found, the surrender of the Uelinquent. In these procee(linp,'s ',he otlVii'lor cannot appear by counsel ; he must first surrender himself to the cnstoiiy of the law, .'ind then his counsel may appearand be heard, but not before. The end aimed at is the surrendei- of !be offender ; that being accom- piishiMi, f ho pr-occedings .".re at end. I make tin- remark as showing the roekless ii'lcgation or ignorunce of the petitioiicrs in rospocL of what they ^:)y as to counsel for the def;'nd:;nt. Of courso the defendant could have uo counsel known to the C(;ur( ; and if he Iiad, I do not lhitd< it would be itu-unibent on the Court to consult t^\'»t touiiMd lu^ to what >honld be the t( rtns nti'i form of writ against his client. Tln'V say ani(-'nunients "were m-ulo in a mo-t illegal aiid Ui'ju.-t m'lnnor." that ''dates were altered an<| elianged in rortnin documents and records of the Court tli-n in the custody of tlf^ Cl>M'k, and thei'cby was juocurod the illegal outlawiy of Louis fiiol and oiliers." 'I'l'.-re never u'n- ai.y oilier -m^k) of on'lawiy in the (/ourt iri M.inii.obn thijt 1 kfiovv ()l'l!i;in liuit of Louis Riel, and no cha"ge of any "djite.-. in doi-ninents i: ■y\ ;\('o!vl>" w< re iver inaie in that case except as I have mentione'l ; iiid ilioso ciiangcs being );eifee'dy right accordii'g to the law and the ju-ticc of the ca'^e, and in i!o sense, as J can see, atloeting the eiid reriched in the outlawry proceedings, to say ti, at thereby the ill< giil outlstwry of Louis Rel was procuied, is one of the most ■v\j(nt(»n, leekle-s uni' d;iring cli.'irges ever made agninst a judicial ol^icei". It is charged against me that in what I did I j)ect, has no doubt been ihe occasion if not the cause of this das- taidly attack on my honor as a Ju ige for whi< h I have no remedy. Even if the writs in (pie>tion had been formally issued and dr execution, but not formally execntrd, on my attention being called to any matter of mere form, I should not have had any hesitation in making the imetidments tliout^ht expedient or even necosii;y ; and now I should, in such a case, have .'is Kttlo hesiiati.>n even withoi't the consent or knvjwledge of the Clerk of the Cr;)\vn and I'eace. As jiii illusliation f the leiifith to whicdi the pow(M' to amend now goes in criminal matters, I ne d only refer to ;J2, ',V,i Vie., chap. 29, sections 70, 71 Juai 72. A criminal inlormaiion niiiy be anv-Mricd (in /-<> (-onkliti, t^ 15. Oni. KiO.) i;ut r'^iil in f;>ct in this m.-uter there was no amendment ot'even the wi'ils pro- jieily so called — there wa^ merely more specific direetiot s in the wiits given to the 8ne:iw — 'he I'orm of the writs nut being pie>cribcd Jjy .Siatuto, but being settled by counsel so as to coid'orm to the Statute an-i'i in this case ■ usoi by a chaime in 'he sittings of the ( 'ouit in banc, ai d as a (-ourt < f Oyer and j'ci'idnei-, &c., iiy ;18 Vie., chap. 12, sees. 3 arui .». Ifi all cases of ci'tninal y, the offender can, on suri'i'ndeii'ig liimsolf, f'»'^)'e n.',Miinst tlio judgment and ax-ign etror (ui the record, which is nvA'\>' i.p of tho writs md returns; and if not cotifoimablo to law, tho judgmout of (Uiilawry will be iset a-'ide. Whcth.u* the jr.ilgmeni in this cn-o would be upheld by the (^un't. f can offer no opinion, but I am certain it would n(>t on tiio law oi' merits lie held def'eciive for any change or ;dtciation in the wrii-^. ( l{>"< »\*t. Mirrington, 3 T.ll. •»!»',> ; I{)X cs. Almon, 6 r.I{. J)2 ; JJe.v v». IN-rry, (I 'I'.W. :^T^.) in conclusion pornnt rne to fay that I cannot but feel, lluit thiouirh m.'dico unrl nudevolence, gi-cit injusiic' has been done nio in this mfilfer. The tne;'e jucntiou of any such Jtceiis.u ion as this a).:Mn.-.t a .ludgi', in a formal petition, altitougli without ntiy justifuation in fact, is so abhorrent to all our notions of the uprijrhlness of tho Bench, that «'areiul examimition is wiih tnany di^iicuised wi'h, and llairrant wronif visitecrfcctly jusuliable act. There can be no fpiestion in this case ; but 1 confess that the meie imp'i'ation or iusinuution annoys and disf'eflBes 8 45 Victoria. Sessional Pupors (No.106,) A. 1SS2 me, even coming fVoiu the yoiiice it does. An examination of the uccoiupanying papcrei, and u consideration of ihe facts, will demonstrate how unfounded and malicious is the whole accusation. I repeat the amendments in the two writs became necessaiy by Mr. Caioy who drafted them, not observing carefully the change made in the sittings of Lho Court of Queen's lieoch as a C.'urL of Oyer anil Terminer, itc, in the Manitoba Act 38 Vic, ch.ap. 12, si.'cs. .3 and 5 — a perfectly propoi* j)roceeding — and the return of the .Sheriff endorsed on the back of the writ of exijent ^hows that he executed it according as it is amended. The oft'oct of 38 Vic, chap. 12, was to make the writs roturr.abie to the Court at it,-^ sitting as Court of Oyer and Terrniuor, &c., instead uf lo the (,' >ui L silting in banco; and the ellect of the amendment was to make the writri returnable to the former Coiict thirteen days before the iavter Court. That was all; a thing perfectly projier and necessary, and in no way atl'ccting liiel prejudicially aiid absulutely necessary to iho pro formo j)r()per pr ccedings of the case. CANADA, rUOVlNCK OF MANITOBA, WINNirKCr. Vi( Couax »)K (^uken's Bknch (Ciiown .Sidk). TouiA by the (rrjice of Crol, of the Un.iteil Kingdom of Greta Britain .ind lielani, (^iie-'ti, Defender of the Faith, tVc. — To luhvMrd Ariastrong, Sherilf of the Piovinco of Manitoba, kc, Gu?:ETi.\(i : We command you that you omit, not by re:JS(m of any liberty in your lailiwiclc, but thatyu enter the same, and take JiOiiis liiel, of the parish of St. V lal, in tlio county of f^rovcncher. in the Province oi Manitoba, ;;enlleman, if he shiniid l.'o found in your bailiwick, and him cause to bo safely kept, so that you have his body before our .luslices of our t^)urt of t^iieen's Bench, sitting in term at the city of Wiuiiipeg, in the county of Selkirk, in the Frovinet^ aforesaid, for the trial of cau.-e-- criminal ftnd civil, and holding Assizes of Oyer and Terminer and General Gi.xi Delivery fc the Provinee of Mani;(d)a, on the teiitli d.-i}- of February next en uiiig, to answer unt us concerning divers tres|iasses, contenipis and felonies of which he is indicted, an have you then and there this writ. Witness the Honorable James Chailes .McKeagney. Senior Puisne Jii L,e of Our naid Court ot' (Queen's Bunch, at \Vinni| C;;' ::l(tresai>l, this nincteenlh ilay ol .N'o'.emboi" in the yeur of Our Lail one thousand eigiil hundred and reventy-three, in the thirty- Heventh year of Our iieign. One maiginal reference is good. J)ANIEI; CAPvFY, Clerk ol the Crown and Peace. The within named defendant is not found in ni}' bailiwic!:. The answer of E. ARMSTRONG, Siunlf. Sheriff's Office, lOth February, 1874. or to d B. CANADA, PHOVIN(.'FOF MANITOBA, WINNIFFG. CouuT OK (^uken's Hencit, (Cuown Si he). VicToiUA, by the (iraee of (lod, of the United Ivingdoin of Groat Britain and rroland, (iucen, Defender t>f tlu< Faith, kc, &C. To Kdward Armstrong. Sherilf of the Pro. inco of Manitoba— Giieeti.vo : We Command you, as we have before commandot.s and felonies, of which he is indicted and have you Then and there this writ. Witness, the Honorable James Charles McKeagney, senior Puisne Judge of our said Court of Queen's Bench, at Winnijieg, aff)rebaid, this tenth day ol' February, in the 3'oar of Our Lord, one thousand eight hundred and seventy-four, in the thiity- Kovenih year of Our Reign. DANIEL CAREY, Clerk of the Crown and Peace. The within named defendant, Louis Riel, is not found within mj' bailiwick. The answer of EDWARD ARNLSTROXG, Sherill. June 10th, 18*74. CANADA, PROVINCE OF MANITOBA, WINNIPEG. Court ov Queen's Bencu, (Crown Sii>e). Victoria, by the Grace of God, of the Unite ^idora of Great Britain and Ireland, Queen, Defender of the Faith, &c., &c. To Edward Armstrong, Shoritt'of the Province oj Mai:itoba — Grketincj: We command you, as wo have before often times commamhMl y^u that you emit \\'>\ \liocs of our Court of (^uecnV Boiich, sittini: in term, at the city of Winnijiog, in the C(,unty ol Selkirk-, in the Fiiiviiico of\M:itiitoba, for the trial of cau'-es, civil as well as crimina!, and iiold- ing A^^izo> of 03 or and Terminer and (ioiieial Gaol Dolivt'iy for the I'rt vince afiuo- Kiiid, oil the lonth day of October next c^^uing, to answer' unto us conooining divers trespasses, contempts and felonies, of wiiich he is indiotod, and have j-ou tfieii and thoro this writ. Wilrii>s iho Honorable Edmund Burke Wood, Chief Justice of our huid Court of Queen's Bench, at Winnipog, afoiesaid, this tenth day of June, in the year of Our Lord one thousand eight and seventy-four, in the thirty-seventh year ofOiir Reign. DANIEL (^AREY, Clerk of the Crown and J'ouco. The within named defendant is not f'ounu in my bailiwick. The answer of E. ARMSTRONG, Shorif. Shorifl •« Ollice, October 10th, 1874. M 46 Victoria. Sessional Papers (No.106.) A. l>-2 CANADA, PEOVINCE OF MANITOBA, WINNIPEG. Court of Queen's Bench, (Crown Sidej. Victoria, by the Grace of God, of tho Unitoi Kingdom of Greal B:ii:iin and Ireland, (,|iioen, Defender of the Fuilli, &{•., &o. To the Sliorilf of fho Province of Manitoba — (tREETINO: We command you that you cause to ijo exacted Louie Riel, late of tlio jtarish of St. Vital, in the county of Provencher, in the Province of Manitoba, (ientleinan, from County Court to County Court f()i- four s-uccossive County C'oui'ts and then at tho succeed in<,' Court of Quoen'w Bench, sittint,' as a Court of Oj'cr and Terminer and General Gaul Delivery and of As^i7-l? and jViai Pn'us, the last bcinfr the (juinto ejartus^ until ho shall be outlawed, accor(iiri<; to the law and custom of Kn>;land, if ho shall not a])poar; and if he shall aj)j)oar, then that you take him, and him safely keep so that you may have his body beiore ub at tho city of Winnipeg, in the Province of Manitoba aforesaid, on the ti-nth day of February, in tho year of oui- Lord one tho isi.nd eight hundnd and seventy-five, at oui- Court of (Queen's J^mch, sitting as a Court of Oyer and Terminer and (leiioral Gaol Delivery and of Ass.ze and Alsi Pn'us, to answer to us for a certr.in felon}' and muider whereof he is indicted, 'uid where- upon you have divers time> licloi'e returned unto us that the said Louis iJiel is not found in your biiiliwick and that you then have there this writ. Witness tho Honorable Edmund Burke Wood, (^liii'f .lu