IMAGE EVALUATION
TEST TARGET (MT.3)

1.0

I.I

1.25

|io ■^~ H^H

2,0

t US,

1.4

1.6

c.%.

Vim '^ A

Photographic

Sciences
Corporation

<>>^

33 WIST MAIN STRUT

WIBSTIR.NV I4SM

(716) •73-4003

'<^

CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
Collection de
microfiches.

Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques

Technical and Bibliographic Notes/Notes techniques et bibliographiques

The Institute has attempted to obtain the best
original copy available Tcr filming. Features of this
copy which may be bibliographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checked below.

L'institut a microfilm^ le meilleur ^xemplaire
qu'il lui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la mdthode normale de filmage
sont indiqu6s ci-dessous.

Coloured covers/
Couverture de couleur

I I Covers damaged/

Couverture endommagde

Covers restored and/or laminated/
Couverture restaurie et/ou pellicul^e

I I Cover title missing/

Le titre de couverture manque

I I Coloured maps/

Cartes g6ographiques en couleur

Coloured ink (i.e. other than blue or blcck)/
Encre de couleur (i.e. autre que bleue ou noire)

I I Coloured plates and/or illustrations/

Planches et/ou illustrations en couleur

Bound with other material/
Relid avec d'auttes documents

Tight binding may cause shadows or distortion
along interior margin/

La re Mure serr^e peut causer de I'ombre ou de la
distortion le long de la marge intirieure

Blank leaves added during rewtoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ujoutAes
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela Atait possible, ces pages n'ont
pas ix6 filmAes.

□ Coloured pages/
Pages de couleur

D
D

Pages damaged/
Pages endommag^es

Pages restored and/or laminated/
Pages restaurdes et/ou pellicul6es

Pages discoloured, stained or foxed/
Pages d6color6es, tachetdes ou piqu6es

Pages detached/
Pages d^tach^es

Showthrough/
Transparence

n Quality of print varies/
Quality in^gale

6gale de I'impression

tupplementary materii
Comprend du materiel suppldmentaire

I I Includes supplementary material/

Only edition available/
Seule Edition disponible

Pages wholly or pertially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont ix6 filmies it nouveau de fapon A
obtenir la meilleure image possible.

Additional comments:/
Commentaires suppl^mentaires;

This item is filmed at the reduction ratio checked below/

Ce document est filmA au taux de reduction indiquA ci-dessous.

10X

14X

18X

22X

26X

12X

16X

20X

24X

28X

32X

The copy filmed here has been reproduced thanks
to the generosity of:

La Bibliothique de la Villa de Montrtel

L'exemplaire film6 fut reproduit grflce d la
ginirositd de:

La Bibliothique da la Villa da Montriai

The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.

Les images suivantes ont 6t6 reproduites avec le
plus grand soin, compte tenu de la condition et
de la nettet6 de l'exemplaire filmd, et en
conformity avec les conditions du contrat de
filmage.

Original copies in printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

Les exemplaires originaux dont la couverture en
papier est imprimis sont filmds en commen9ant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'illustration, soit par le second
plat, selon le cas. Tous les autres exemplaires
originaux sont filmis en commenpant par la
premidre page qui comporte une empreinte
d'impression ou d'illustration et en terminant par
la dernidre page qui comporte une telle
empreinte.

The last recorded frame on each microfiche
shall contain the symbol ^^ (meaning "CON-
TINUED "), or the symbol V (meaning "END"),
whichever applies.

Un des symboles suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbole — ► signifie "A SUIVRE ", le
symbols V signifia "FIN".

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.

45 Victoria.

Sessional Papers ^No.l06.)

A. 188^

PETiriONS AND REPLY

Toraa

CHARGES PREFERRED AGAINST

TBI

HON. E. B. WOOD. C.J.,

PROVINCE OP MANITOBA.

'-X

PRINTED nV ORDEli OF PAHLIAMENT,

J
\

OTTAWA:

PlilNTEI) BY MACLEAN, UO<iKU & CO., VVlOlLl^'GTO^ .STHblKT.

1882.

, /
>

45 Vi/;t"ri:\,.

Sessional Popjrs (No.106.)

A. 1-S2

PETITIOXS

In nftTcii'c to the rhanjes prrfened acfiinst the Hon. Eilmun<l Ih/rke Wood, Chief
Justice of the Frmnnce of Manitoba — and a C>py 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 'he coinrnunity, and be
above 8US]»icion as ono of tho gioatest blessings to be enjoyed by any people,
especially by those inhabiting a now and sparsely settled Provinco.

And, aw in duty bound, will ever pray.

KDWARD KLLIOTT.
W. GIBBKNS.
March 6th, 18S2. W. F. McCRKADY.

CANADA.

To the Honorable the House of Commons of the Dominion of Canada} in Parliament

assembled.

Tho Petition of tho undersigned living or having interests in tho Provinco of
Manit()[)a, most rosj)cctfnlly sheweth to \«Mir Horinra! lo Ifun-e:

That fin* conducl of tho Hon. Kdmui\d Burke Wood, Chief .Justiio of the Court
of Queen's Hv^neh for the Provinco of Manitoba, residing .it Wini i;i"g in tho said
Pi'ovince, is and has boon for } oars past characterizsl by ve.y ,-ei i<tiis misconduct
and injustice and l)y acts of a n 'tare to cMnpletely (!e•■tro^ all contiaem-o in him us
JudgeOf the Court of (iiu'on's liench, of suitors and ail otlxM- class.'S of people in
the said Province of Mufiitoba, to wit :

That the Miid lion. Hurko Wood, Chief .Justice of tho Court of (Juoon's Honuh
of tho Province of Manitoba, did dolii.eralil y and in a most illeiral and unjust
manner in the case of tho (iuoon vs. liouis Hiel et a/., witliout tho knowledge or
consent of the Clerk of tho Crown ot the said Court of (Queen's Bench or of tho
dofoiidaut'h cuunsel, alter and change tlio dates in certaiM di»(;uinerii . .iiid ie(iords of
tho said (Jourt of Quocu's Bench, then in the custody of tho (,'lerk of tho Orown and
ProthoMotary <tf tho said Court, and did thereby procure au illegal outlawiy of Louiu
Biel and others.
106-1

//»

45 Victoria.

Sessional Papers (No. 106.)

A. 1882

Thill, the Ni!<l lion. Edinund Burke Wood, Chief Justice of the Court of Queen's
Boiuli ol liio j^ioviiicc of Manitoba, sit the (/ity of Winnipeg, in the i^aid Piovinco, in
the montl) of /\u<;ust, A. D. 1874, did, dolii)eratcly, corruptly, iliogaliy and pernon-
ally. prcjiaio, Mbsist others in ])reparing and cauHO to bo prepared, n li-^t of narriCH
of French iiall hiot'ds to tservo as petit jurors at the then next approaehirii; term of
the Haid Conn f>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 ;<rul jilaced on such li.-t the names of such Ftench half breeds only as
Wtu-'' well known to bo the dechued eneinie.- of the said Lcpine, and the others who
were to bo ti-i<"i for murder as aforisaid ; and ibe said lion. Edmund B(ii''-:o W'ood did
himself haiHi .>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
(;<nirt oi' Qiie< n's Jieiich of the Province of Manitoba.

That .>oiir ])o1itione)s do not jiretend to say whether (he said Lcpine was
ii.;ioecnt oi ho' of tlie rnuiiier foi' \vhi<di he w.ns to be tried ; your ])etitioniM- pi''',"ud
only that In ; liial shouid have be( ii a legal, fair and impartial on(> such :<:■ all havo
ConHderico in i r<tainir;g before u British (.^,>urt 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

45 Victoria.

Sessional Papers (No,106.)

A. 1882

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 aii<l l)arristers ol Winnipeg, and i).'even(el the
l)ef'etulan!"s hav ing any chance of ap])c:iling from his dcci.-inn liy ])m.'\ enting the
short-harid reporter from taking the evidence, so ihiit the l)e)endaut's had only Id^,
the Cliiof.fu-^1 ice's notes of the evidence to I'cly upon in a nialtci' involving about li>e
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

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 ,fu<liciaiy and of
the Bench, and the free, impartial and pure adminislruliMi of justice in all ('anada,
must be my excuse for tho lenjj;th at which my observations have extended.

It has occurred to me that it would be it) the public ititoi-est thut Your HxccllcrK'y
in Coiuicil shoultl, at oii'O, have my answei', with ull tho papcsrs annexi' I (with a
]>ro[>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 <ioncial, and
Mr. J)aiiicl Carey the clerk in the fffico of the Court of Qucou's Jk'tich. who. under
poweis confined upon him bj- statute, and by his friend the Altorney-tuMieral, as
Clci'k of tho Crown and Peace, nianaired tlio criminal business, how and in wliat
mai'iici' the recoids now in (he ollico will give but a faint idea. In Iho i;ttero.-t of
public justice, 1 found it to be my duty to exorcise a eonstant and watchful mper-
visioii over all ciitninal proceedings.

Jii the month oi July, Mr. Claike, as leader of tho Government, wos defeated in
the JiCgislative v\ssembly and resigned and a new Government was formed, and
Blu)itly after Mr. Claike Icfl the Province and went to California and did not return
to this Province until in the autumn of 1S77. Mr. Cai-ey, as a i-ule, continued to
maiage tho Crown business chiefl}- under my supervision, and, in so far as I know,
vei-y creditably. Fiom liim I Iciirncd, shoi'tly alter I came here, that ])roceedings
in outlawry lor the murdej- of Thomas Scott were going on againHt I.ouis J^iel, who,
on an indictment Tor murdei' Jiaving been found against him bj' ilio (Jrand Jury in
the jirecediug Novendier, had fle<l tlio country. 1 did not profess to know, nor did I
in fact know, nor was 1 familiar with the jtractice of such ]ti'ocecdings ; and on
looking into the matter i did not then well see, nor do I now well see, how outlawry
can, with our Courts cf)i sti'.uted as tbcy were then and ai'e now, with no sejiarato
county Judicial organizations and no >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

45 Victoria.

Sessional r;ipers (No. 106)

A. 18S2

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;<ive Ci'iuity ('oui'ts, and then at tins sucieeding
Couit of (Queen's Bench, sitting as a Court of Oyer and Terminer and (nnieral GiW)l
Dtdivery unii of Assize and J^^(S« Pr/ws. the las' being the quinto exa<'1u>:,') 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-

<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 <lid not eon-^ult Mr. Carey, (then
the Clerk of the Court, but since di'-misscd for aile_e(! interomi.-; ions in his ortiec.)
] wan not uwiii'e bel'ore, thiit 1. wsis bound to consult the CI(M'k of the (Jourt as to the
«,':<crti8o (^f any judicial discretion in the discharge of my judicial tnnctions. My
iirnoranco in this re>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 d<liverod to the
Sheriff fi>r 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<l e;<igencv of the occa>-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 <uill,iw>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
visite<l upon wu innocent ami j>crfcctly 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

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.

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 commando<i you, that you omit not by
ronyon of any liberty in your bailiwick, but ihiit you erUcr the sumo and take Loui»

45 Victoria.

Sessional Papers (No, 106.)

A. 1S82

Eiel, of the parish of St. Vital, in the county of Provenchor, in the Province of
Manitoba, gentleman, if he nhould be found in your bailiwick, and him cause to be
safely kept, ko that you have his body before oar Justices of our Court of Queen's
Bench, sltiint,^ in term, at the city of Winnipeg, in the county of Selkirk, in the
Province aforesaid, for the trial of causes civil, as well as criminal and holding assizoa
of Oyer and Terminer and General Gaol Delivery for the Province of Manitoba, o- tlie
10th day of June next ensuing, to answer unto us concerning divers ti'espaf*ses, con-
temi>t.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 \\'>\ \<y iiMsou of any liberty in your bailiwick, but that you ciilir ho ^»me aiid
take l/'uis Kiel, of the parish of Si. Vi al, in the county of Piovenchcf, in the Pro-
viiKc ol Manitoba, genth man, if he shall be found in your bailiwick, and him c::use
to bo -.lu'ly kopi, so that 3*ou may have his liody bofuie oui .)u>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.

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<tice of our said Court of
Queen's Bench at Winnipeg, this tenth day of October, A. D. 1871, in the thirty-
eighth year of Our Keign.

By tho Court,

DANIF.L CAHCY, Prothonotary and Clerk of the Cn.wn and Poice.

Return. — By vii iiie of this wiit lo me directed, at the County Court ' dden at
the city of Wirihiix^g, in and for the <()iinty of Srikii'k. in the Proviinc of Mardtoba,
on the lliird ilay of January, in ihe year of our Lord one thousand eight hundred and
Hcventy-flve, I did in ojmi County Court dcminul the within named l-ouis l{,el a first
titne !Uiil he did not appear, an^l at the County Court holdcMi at the county site in atul
for the county of Lisgar, in lie Province altue^aid, on the seventh day of danuary,
in tho }eai aforesaid, I did in ojien County C<iurt demand the within named Louis
Kiel a second time ; and at the County Court ludden in at'd for the county of i'ruven-
cher, at the county site in the said county, I did in open County Coiirl demai.il ihe
within named liouis Kiel a thiril time, an<l ho did not appear; and at the County
Court hidden in and for the County of Mar(|uette Kast at the county siieol' the said
county oi. tho thiitienth day ot ,1;iiiu.iiy, in the year afitresaid, I liid in opi.Mi County
Court demand the within nan\ed Louis Hiel, and he did not apjjcar ; and at th(» Ciourt
of (Queen's l<ench, sitting as a Couil of Oyer anil Terminer and (ieneriil (i:iol i)eli-
very, and of As.iizo and iV^s/ Prius, at the city of W inin))eg, in and for the county of
Selkirk, in iho Province of Manitoba, in and for the said Province, on the tenth day
(d"Febru;ny in the year afoiesaid, I did ii\ opt^n ('oind denial de th said within named
LouiH Kiel, and he did not jij)pear, as within I am conuininded.

Therefore by the judgment ofCurtis .!ame-i Bird, l"iX«piire, Coroner of Our Ladv
the Queen t<»r tho Province of Manit(d)a, the said within namod Loiiis Kiel is, ucjj.a-
iiig to the law and custom of I'^tigland, outlawed.

The uuHWor of KDWAKD AKMSTKONG, Sheriff. Manitoba.

45 Victoria.

Sessional Papers (No.106.)

A. 1882

E.
CANADA, PROVINCE OF MANITOBA, WINNIPEG.

Court ok Queen's Bench, (Crown Side).

Victoria, by llio Grajo of God, (-(' ilu) Uiiitod Ki!i<,fdoi:i of Groat. Britain and Ireland,
(^iU'L'ii, Dcfcudcr of tiie Faitli kc, &.ii. •

To t!io Hhoiin of tho Pr>)vince of MatiitDba — Greetin'o:

Wiiercus, [>y our writ of ex'ujent, havintf tho tsaino day of tosto and return as
thi.< our writ of Proelatnaiion, wo have commanded you tliatyou cause to be exacted,
Louis iiitjl, late ot Uie parish of 8l. Vital, in the county of I'rovenclior, in the Province
of Maiiiloba, ueiilleman, from County (/ourt to County Court, for four suecosKivo
Country Ci'urls, anoll)er at llio Miececdin^-Coui't of (Queen's Bench, siUin^as a Court of
0} or aiid Torminor and General Gaol Delivery and Ar^size and Nisi Friiis — the last
beinj;- the i/uini<i cmctus—uuiW he shall l»c outljiwed, accordini^ to the law and custom
ot Mni-larid, il he hball not aj)|)car; and if he shall .'ippoai', that then you talce !iim and
liini safely Ueej), so that you may have his body belore us at the city of Winnipeijf,
in the Province aforesaid, on the tenth day of Februaiy, in the year of Our TiOrd one
thonsaiid els;lit bandied and seventy-live, at our Court of (Queen's Bench, sitting as a
Com t of Oyer and Terminer and General Gaol Delivery, and of Assize and Nisi FriuSf
to answer to uii lor a certain felony and murder wlicreot ho is indicted: We, thoro-
fore, commanil \ ou, that by virtue ot' the Statutes i.. that case, made and j)''ovided,
you »:iuse thieo proclamations to lie made, yccoiding to the form of tho said Statutoft
in (bai (•:i>e, made, and pivnided in form foliowin;:; (thai is to say) one of (he same
prociamai ions in the opin County Coui't to bo be!.:;un and holden in the County of
Selkirk on the thiril day uf Jaruiary next, in tho year last aforesaid; and one other
of the same jnoclamations to bo made at tho succeedin,i^ sittinij of the County Court
tu be iioldcn in at)d I'or the ctumty of Liso-.-ir, in the aforesaid Provitice, on tho
seventh day of the same January ; and ono other of tii>' .same proclatnalions to be
made one moulb at le;ist ln'forc the rpihtfo t!.Vii<'tH-i, i>y virtue of the ^aid writ of
exiycnf, at or ii'-.-ir to tho most usual door of the lionian Catholic Church, in tho
j)aiiMi oi' St. Norl)eri, in tho county of Provoneher, aforesaid, upon a Sunday,
immediately alter Divine Service and seiinon, it nuy soiinon ihore be, and if no
sermon theie be, then f(jrth\vith after Divine Service, that he, tho said Louis Jiiel,
ronui r himsolf into tho custody of you, our aforesaid Sliorilf of Manitoba, befoi'O oi- at
tho time whoii he A\y.\\ bo tlie tii'th time exacted, so that you may have bis body
before us at the said sittin/jj of our sail Court of (Queen's Bench, on tlio aloresaid
tenth day of February next, at tho city of Winnii)o^:; aforesai>i, to answer to us for
tho i'"lony and murder alorc-aid, and have you then there this writ.

Witness, tho Honorable I'Mnumd Burke Woid, (Jhief .lattice of our sai<\ Court of
(Jueen's lionch, at Wiiniipe^- aloresaiil, this tenth day of October, A.I)., 187t, in tho
thirty eighth year of Our lieign.

By tho Court,

DANIiCL CAKKV, Prothonotary an.d Clerk of tho Crown and Peace.

CANADA, PROVINCE OF MANITOBA.

Siikiiii'f'8 TJeturn.— I hmnbl}' certify ar.d return that the within Louis Riol
is not williin my liailwick ; and, I furtluM- certify add I'eturn that at the County
(,\)urt. b"l(b'n in and f>i' the County oi SelkiiU, in the said I'rovince, on the fiourth
day of .Iiiinun-y, in tlie year of Our Loid, one thousand eight hundred ami seventy-five,
ut tin) Court House, in the said county, in open County Court, 1 made the lir>t ).ublic
proclamation J and at tho succeeding County Court holden in and for tho county oi'

1882

45 Victoria.

Sessional Papers (No.106

A. 1S>2

and.

LiHgar, in tho Provinoo aforesaid, on the seventh day of January, in the your aforo-
Baid, at the county site of tho Hjiid county, in open County Court, 1 mai'.c tho second
public prochimation ; and on tho third da}' of January, in tho ^-ear at'iresaid, at and
near most usual door of the Roman Catholic Church, in tho county of Provencher
aforesaid, u|<0:i a Sunda}', irniucdiately after Divine Service and seiinnn, I did make
another ])idi!ic proelamtitinn, that tho sail Louis Kiel should render hi»nsc!flo answer
Our Lady tho Queen, as by this writ ho is require 1, and as I am within co'nmandod.

The ar.swer of EDWARD ARMSTRONG, Sheriu'of Manitoba.

ciiapti<:r II.

Observations 07i the Sl'C071(1 Paragraph of Mr. Clarke's PetHlon.

"That said Hon. E. B. Wood, Ciiief Justice of the Court of Queen's Bench, of tho
Province of Manitoba, at the city of Winnipeg, in said Province, in the month of
August AD. lo74, did deliberatoly, corruptly, illogally and pci'sonally prepare,
assist others in preparing, prepare and cause lo bo preparoil, a list of names of Fiench
half-breeds to serve as ])ot.it jurors at the next approaching term of said Court of
Queen's Honch, to bo held in October, 1874. at which (Jourt one Ambt-oisc Lcpino
and others were to be tried on an indictment for murder, and that said Hon. K. B.
Wood, illogally and corruptly selected and placed and caused to be selected ami ))luced
on such list tho names of snch French half breeds only as wero well Icnown to bo tho
declared onemios of the said Lcpino and others, who wero to bo tried for murder as
aforesaid, and that said Hon. K. B. Wood did himself hand such list,, so illogally
selected and prepared as aforesaid, to tho SherilV of the Province of Maniiobu, and
ordoroa him to summon as many as he could tind of persons whoso names were on
Baid list, and such order was obe3'ed, and that said Lepine was tried by a jiiry com-
posed of his enemies, empannelled from said list so illogally prepared, and was found
guilty of mur.'or. and upon such finding was sentenced to death by the, said Hun. E.
B. Wood, Chief Justice."

I arrived in Manitoba about tho middle of Juno, 1874, and at onco assumed my
judicial duties. I was a si ranger to Mar.itoba and to all of its people ; f found matters
judicial in all branches, in a vety unsatisfactory condition. 1 sot about maUing
myself m.aster of the situation. The Court of Queen's Bench was then sitting as a
Court of Assize and Ni&i Prius, \\\\on I arrived, and continued to sit tilt tlio 1st of
July. There were some eighty civil cases on tho docket, some of them having been
made remaneis two or three times, all of which 1 tried, or thoy were disj)osod of dur-
ing that term. The statutory sitting of tho Coui't was three times in a year, on the
10th of February, Juno and October; and tho duration of sitting ol the Court, at each
terra, was from arid including the 10th to tho end of tho month. A potty jury of
forty-eight attended ten days and were then discharged, and a now panel of forty-
eight then camo on and serviid lo the end of tho sitting <»f the Court — ten days —
making in all ninet\-six petty jurors to each term of tho (yourt, besides tho Grand
Jury, a proHy large diain on the population of that jioriod. At my sugncNtinn, this,
however, was all chatig. il by tho Legislature in tho month of July of that year, by
tho passing of the short Act .'18 Vic, chap. 1 -'.

I recollect one il.iy in Au^misI, I think it was, at tho ('ourt Hoiho, Kdvvard Arm-
strong, then the High .ShciitVof Mat\itol)a as he was called, and with whoni i hud
became well accjuaintt'd, usked mo into his oilico, and aftoi- I liad entered ho inlormod
me that ho was about suintnoning tln> jur}- for the iio.xt sittings ol" the ('ourt to bo
holdon on tho lOlh of October. 1 rocolloct it struck mo as being early, and I so
romurkt'd to him. Ho said, no; it was not too early, iinil he had a groat deal of
trouble in making up his panel of competent men, so many wei'o .away fVom borne
that season of the year, or words to that efVect. I said, how do you sehet your piitiel,
from a jury list V He rej)lied, he had had a jury list to Ih'gin with, but that it was
oxhaustod long ago and abandoned ; and sincu that time, for each sitting of iho Court,

;15 Victoria,

Sessional Papers (No.106.)

A. 1882

ho liiid inudo up his panel as bofit he could, acting on bis knowledge of men and exer-
cising In. ^ l'*v<t discretion. But, I said, have you no Statute on the subject? He
ropiiod, yciri, but it had practically become a dead letter. I remarked, in my view, it
was a very serious and awkward thing. lie replied, that, so far, ho had h.nd no diffi-
culty. I iUor, (tbtaiiH'd the Statute there, in his office, and looked up the matter to see
if any duty devolved on mo in the pi-eraisos, as important criminal trials wore coming
on the iiexL -iitings of the Court. After looking at the Statutes, I poinle<i out to the
Slicrill" how the potty and Grand Jury lists wore to bo by him and the Justices of the
Peace made aivl tiled, from which ho was to tuUo jui-y jianels. His rei)ly, in bub-
Htanco was, tliat the list had long since been exhausted and ubuiidorod, and had not
been roiieu\!i, and that ho mast piuK-eod in the wiy ho had been going on. " \Vell,"
I said, " J have tojd you what my opinion is. it ai)iioars by the Statute tiiat 1 have
no eonnn:Midiiig or liirccting power in the matter. The Prothonotary is directed by
the Siiit i;o to i.-^uc the cmire fadds ; anil you are diri;ctoi by the Statute to receive
the wi'il ill -i return attached to it a jury panel. This is to bo done according to law.
It there .-liouLi to a challenge to the wliolo ai-:. j for informality in the seiecLion, it
may Ite :! sciii us ailair." I left remarking to the Slioiitf tha', "'1 hope we should
hav(; a f;.ir j I'.y, .'ind fi'oo from violent j)arti/.ans ; aJid that, of the French, there would
bo iis jnany ;.s | o^sible who spoke, or could uiidei-stand, both huiguages."

The above is, as near as I can at tiiis period of tinit.' leeoilect, tlie substance of
the eonvei-.-iuioii between the Shoritf and myself; and the oidy conversation we had
on the sulijoei. The sulijoct was novel" aitoi'wards referied to in any way by the
Sherilt oi niy>elf, and 1 iiad entirely figottoii it; but it was brought to my mind
by tlio chaige in the j)etiti(nt and to this hour ; I have no reason to believe or suspect, nor
do ] believe or su<poct, that a pi'oper jui y was not summoned. 1 never saw tliojury
])ana', e-.e^'pt. it may be. as attacdied to 'ho lumre faei.ts in the lianils of the (.'lork of
the dan t, 1 (II' did I, at the; Court and until the Assizes wore over, know a solitary
person on the panel ; nor do 1 now k:io-e the names or the per.-oiis of but two men
on the p:a,al, namely : Sa,nuiel West of \Vii,nij)eg, and Norbert Nolin, of Si. lj.)iiiface,
and it was years alter the Assizes before i know them by sicht even. At the time
tlu^iiiiy was summoned [ had been but a few weeks in Manitol>a, antl if I had boon
bad enough to do ti;at wi'h which I am charged 1 could not have (.(one it without
outside a-.-islants, with whom I could bo easily confronted.

The vv'l'oio statement and every part of it is a most wicked and diabolical
fabi 'eation, al which even the most licndisli men, as it seems to ni', would stand
aghasl, but it teems nt)t so to Clai'ko.

The (|uestion arises how, after the lapse of seven years, could Mr. Clarke get
hoki of S(>:ae(hiiig out of which ho could weave his fiendish and diaboli( ;d web of
calu'iiny? It iiai»pons in this wI.-nO : Clarke himsjif, as I stiall hereafter show, with
the prone moral nature to evil of whi(di ho is naturally ]>ossessed, intensified by long
indulgence in eveiy vice, hates me with a keen hatrel for heing thwarted and
expo.'i»!(| it) several most iniquitous and dishonest transactions which have come
before the Court, and in respect of which ho has vowed vengoaneo against mo. Mi",
Carey imputes to me his dismissal by the (i>)vornm(;nt iVom the ottiee of Prothonotary
and Clerk of the Ih-own and I'eaee for inlroinissioii'J in his ofHeial duties ; hut with
which I lad iH»thing on earth to <lo. The late Shoritl' Armstrong was, in the day
of the poW(!r of Mr. Clarke, his ereature and lunchman, and he was otlonded at a
r(!]iort I mait«! in respect of the reward of Ontario tor the apprehension of the Scott
nuii'deii'i',^, to which reward the late Shorilf was a (daimant, and lu^ imputes to mo
cnniplic i(y wilh his dismissal by the (iovenunent from the ofliio of lligli Sii(>i-iiV of
Manitol a It)!' inlr<)mission of oHieiid ilutics; and he furthermore thinks Clarke will
bo restored to power in .Manitoba vain hopo — when he too will regain his former
positio'i. Thcsr persons fancy that to the attainment of tliese objt'cis, 1, in my jiosition
ufChief Justice, .III an insuperable impediment, lletice this trio have fabricated and
coneocted this vile ealumny after the lapse of seven years. Singular that persons so
morally sensitive to the fair administration of justice should have boon content to
M'ithhold thischaigo for boven years and thou disclose it iu the way they have;

45 Victoria.

Sessional Papers (No. 106.)

iSS2

eppecially wIk^h pirol oviilence, by lapse of time, through the slipperines^ of memory,
and often tLo libricity of moral rectitude, is ueeesstirily exposed to so much
incertitude.

CUAPTER III.

Ohservafions on the Third Parajraph of Mr. Clarke's Petition.

"That U-on. M B.Wood in so notoi'ionsly jwrtial, dishonos^t and unjust in his judg-
ments and decisions, that suitors in said Court know and I'eel that tlieii- T'iirhts are not
8afo, and tho ix'ojilo of the Province have no conlidence in, or respect for, the judg-
menis or <.ici-i>ions of said Hon. K. B. Wooii, and have lost all conlid<M\'.'e in, and
respect for, the administration of justice in the Pi-ovince, so long as said Chief Justice
Wood shall continue to ])reside in any of tiie C(»urts of Justice in said ProviTico."

In this paratrrapii theie are no specitic charges to meet. It xf easy to make
charges in this form. Of course it is not exjwcied that I should answer diiectly such
a charge a^ this by simply traversing it. It re^ts on the allegation of tlio petitioners.
I will, thereiiiie, maUo some remai'ks (in the character and tho position of the peti-
tioners and Oh iheir pi'e.'>iunai)lo J'cas()n;d>le opjiortiinity to know that al)ont which
they speak ; Init I shall introduce the ])etitioners in the invei'tcd order in wl;ich their
names puipo: t to be sub>rribed to the ])etition.

On enquiry I tind that J. E. Cooper lives at Emei-.son, .some sixi^' miles fi'om
Wirniiieg, where ho has resided for some time. I have Jio ac(pinintnnce with or
knowledge of him. 1 do not know him by sight. I have made enipiiry in the ollicos
of the Cou;t-- iuid I cannot find tliat he ever had, or was connected with, anv litiga-
tion in this Province, excejit that ho is now held to bail for trial at the next October
Assizes, on tlio commitment and order of Colonel J^oobles, the Pcdice Magistiato for
tho Piovinre, on a cliarge of wilful and corru|»t ])ei'jury, on the evi'lenee, as I undei'-
starid, of Mr Wlutcher, Agent at Winnipeg of the Ci'own Lands (Jfflce, and others.

I have haij con~idej'ahIe diiiiculty in ascertaining the id' iitity and wh.(;reabouts
of Wdliani ii(»yle ; I can (ind but or.e ch name in tiiis Province. On reference to
the Land Otlice at Wiiuiipeg, I learn that there is a person o{ that name who ])ur»)ort8
to be a h''mes!eader on the South of Section 14, Townshij) 3, I^.ulgo 7 West,

South Duilerni, who is entered as having come from tho township of Hum ly, county of
C'arleton, Ontario, and took up his homestead on tho l{rd of May, 1.ST7. It that is tho
person, his residence is about !.')(> miles from V7innipeg, and about 100 miles from
Emerson. 1 c^in lind no trace of his name in tho offices of tho Courts, or of herwiso
in I'onnection with anv litigation ; I never saw tho name that I know of, noi- did I ever
hear of such a tnai being in existence, till I learned it from Mr. C^larke's petition.

F. T. Bradley i-osides at Emerson and is an officer in the C'ustoms De|Kirtnie»it.
lie is so far as I know (burriiyg his action in this petition as after disclosed in tho
cot respontlcnce with him, ami in re[)orls as to what ho had said about his signature
to the petition,) what may bo termed, a respectable man. Ho has iie\er. in so far
as I know, or on in(piiry can ascertain, been concerned in, or had any connection
with, any litigation, diiectly or indirectly in the Courts in this Province. 1 know
him by sight, but I have no personal aciiuaintapce with him — having never in my
life ever spoken to or with him. I have had some formal oflicial corros[K)ndence with
him on magisterial rmilters, nothiig nxu'e.

It is well known beie that he and M r. Clarke wei-e, until recently, great enemies,
and were, each, unsj)aring of denunc iations ( f the other. In this, perhaj)s, they were
both right — thai one was right J have no doubt at all. So bitter and deadly was
their porMjnal hostility that they cari'iod pistols, each declaring that on meeting the
other no would shoot him, but each, as it is said, took great caro not to meet tho
other. This was when they both lived in Winnipeg.

U))wards of a year ago now, Mr. Clarko went to J^^morson to live and commenced
bpeculating in lands, and among other lands, some near Emorson, to which tho Ilud-

45 Victoria.

Sessional Papers (No. 106.)

A. 1882

Hon Bay Company " unjustly and greedily," as Mr. Clarke says, set uj) a tiUe. It ia
rcporlcMl iliut Mr. Bradley is concerned with Mr. Clarke in those land >])ecul.ition8, —
that tie lainl) and the lion lie down together — but that is dillicult to ti'.ll v/ldch is the
lamb and which the lion. It is reported that last winter Mr. Brai'dey was in Ottawa
to as.^ist Mr. Clarke in the advancement of the>elaiid matters; atid while tliere, on an
evening,' when he was a little elevated, Mr. Clarke got him to sign some petition about
the Chicl' Ju>tice, which Mr. Clarke said roijuired investigation; and thinking it was,
as it was said to bo, a mere matter of form, he did sign his name to a paj)er, hut to no
such |)otitioa as was presented to the House of Commons and the Govern )r in Council.
Of course I have not seen Mr. Bradley myself. I could have no ])erson:il intercourse
with him nn the subject ; but it is fit and proper that I should state that after he had
written to me the two letters of the IVth and the 21st of Juno, 1881, not at my
instance at iul, nor with my knowledge, he submitted the cori-cspojidtncc to certain
gentlemen and had a conference with them on the subject ; and it aj^pears that the
outcome of that conference was his lettei' to mo of the 21st of July, 1881. From a
gentleman who was a party to that conference, I am at liberty to di^clohC what 1 have
said in lelorence to Mr. Bradley signing the ])etition. More could be said, but I am
not at liberty to say it.

1 will now introduce the correspondence, to which I solicit a careful e:\amination
and consideration. All I can say is, if Mr. Bradley is an honorable, high-minded
and truthful man, he has a strange way of showing it.

" Winnipeg, 15th June, 1881.

" Sir,- I find your name purporting to be subscribed to a petition against mo in
my official capacity as the Chief Justice of Manitoba, presented to the Governor
General in Council — a copy of which has been forwarded to me for my ])erusal and
observations.

" Therefore, as I have not the advantjirro of your personal acquaintance, and as,
in so far as I know, you have never been, dirotiy or indireetl^^, connected with any
litigation in the Courts of this Province over which I have presided, you will be good
enough to iutorm me whether or not you subscribed such a ])etition, knowing its
contents ; and if so, whether you have any knowledge of the allegations and charges
contaiiuid in the petition — and if you have, wliat and on what evidence based and
founded, giving full particulars. Awaiting your reply,

" 1 am, Sir, your obedient servant,

" E. B. WOOD.
" F. T Bradley, Esq., Emerson."

" Emerson, Man,, ITth June, 1881.

"Sir, — I have the honor to acknowledge the receipt <>f your letter oi" the 15th
instant, asking for full particulars as to certain allegations contained in a jx^ition
against you subscribed oy myself and presented to the (Jovernor General in Councilj
a copy of which has been forwarded to you for your perusal and observa'ions.

"As you have omitted to enclose mo a copy of the jjetiti'in to which you i-efer, I
regret that I am not in a position to give you the desired intot ination.

" I am, Sir, your obedient sei vant, !

" F. T. BRADLliY. ''■
"Hon. K B. Wood, Winnipeg, Man."

(

"Winnipeg, 18th June, 1881.

" Sitt, — 1 have your favor of the ITlh in!jtai>.t in rejtiy to my letter to you of the
15th instant, in which you say you cannot answer my letter without a copy of the
petition.

A. 1B82

45 Victoria.

Sessional Papers (No.106.)

A. l^-^2

u]) a title. It is
il >])ecul.ition8, —

U',11 wiiith irt the
y was ill Ottawa
'hill' there, on an
no prtitiun about

tliiiikiii^ it was,
, paj)er, Imt to no
oruij' in Council.
KO!):il intei course
that nflcr he had

1881, not at my
idtjnco 1o certain

appears that the
y, 1S81. From a
:'lohe what i have
be sai'.l, but I am

cful i;:\ami nation
ble,

ligh minded

h Juno, 1881.

ion aj^ninst me in

to the Governor

my jJoruBul and

^aintaiice, and as,
nncctud with any
, you will be good
ion, knowing its
tioiKs and charges
J.oncc based and

an*,
t. B. WOOD.

June, 1881.

otter of the 15th,
iK'il ii\ A ])i4ition
ont'ral in Council,
)sorva'ions.
winch you refer, I
on.

iU{Al)Ll':Y.

h June, IHHl.

Iter h> you of the
iDUt a copy of the

"T innocently assumed that a-qu would know what the potitinti contained bcfo.e
you sii^iiod it, and would roc >l!i;ct t!jo most i^ravo cliurgcs :iL;Min-L a high judical
officer, to the truth ol" which you had subscribed your iiiinu'. It) tlii.>, it seem^, I am
mistaken. I hoje j'ou will paidon the oversight, I hasten to correct the error.

'' [ hcrewitl) enclose to you a < opy of the petition in question forwarded lo me
by the Secretary of State for Canada.

" Yo\i will now be in a position to reply delinitoly and distinctl}* to my letter to
you of the loth instant. Be goad enough to do so at y;)ur e;irliost convenience.

" Your obedient servant,

" K. H. WOOD.
** F. T. BiiADLEY, E.sq., Emerson, Manitoba."

" r^MERsoN, Man,, 21st June, 1^81.

'•Sir, — T am in receipt of your letter of the 17th instant enclosing a petition
addressed to His Excellency the MaiNjuis of Lome, ' )rernoi- General of Cana la, in
Coutu il, in which you stale that 3-0:1 innocently assumed I w^tul 1 know wh:;t ;ho
petition coritained before signing it, and would I'l.'collect the most grave charges
against a high judical olliccr. to the truth of whifh 1 had sui)scril)ed my name.

"iievei'ting to your pri'U- letter now before ni), I would say, in my opinion t'lo
questions therein submitted should he given and .'inswered before that tribunal w!io
have requested of j'ou your pei-usul of the petition and ob-ervatious thereon, and no'o
demanded by the accused fr(;m an alleged petitionei".

" For your information, however, I would sny that I h.ave not to my K-niwIoiige
signed an}' petition addressed to His Excelleiu-y the (joveriior (Jener.d in C<)>incil
reflecting in any way upon your chaiacter.

" I am, Sir, 3'our obedient servant, •

" F. T. BiiADLEY.
♦' lion. !•]. B. AVoOD, Winnipeg, Man."

Ju<t a month after the rccei'pt of the above letter without any inle!\:our^.j,
directly or indirectly, by letter or otherwise, I received li-om Mr. Bi'adlcy the follow-
ing letter : -

" E.MERsox, July 21st, 1881.

" J^EAR Sfr, — While T luive not felt called up m to answer certain questions
submitted to me by you in regard to the allegations preferred in a petition to Parlia-
ment a'-'seniMed, 1 m.iy say that 1 have not signed the jtetition to which my name is
attache', in its entirety, as many accusations contained are not Icnown to me, and
must hav(* boeii inserted nfter signature.

" My only desire in signing the petition was in view of .Itivodigatio'i of those
charges circula'.ed against you in the disidiargo of 30ur duties.

" F. T..BEADLr:Y.
"Uon. E, J]. Wood, C. J."

1 have nothing further to say of Mi-. Bradley, I cannot speak of him as T think
hode'(;rves, without (r.-itmcetiding lei:»[».'raie e'<))res-iiin ; a id 1, therefore, leave hi!u
fo the judgnieiiL of His Ivxcellc ii(.y in (/'ouncil.

Oni' thing seems jippare.it, in litis tiiallor he was a mere in-'runient in the haiu's
of Mr. ("liuko. Another thing seems apj)arent, this petition which in a pi-iv.ale :ind
pultlie I'oitit of view is of vast motnettt — to ine, a matter of lifo and dcJith — ( > siiiuir.*
in Court, o( ri^dits aiid pj-oprrly, and may be of reputation, whicli i* more ilf>ar l'i;m
jtroporty, of liberty and even life, and a shock to the moral sense oi' Ih.'i wh -lo world
is got lip by Mr. Clarke, purporting to i>e deliberately signed by tlie ajtpar^nti

lOG— "2

i') Victoria.

Sessional PapcrB (No.106.)

A. 1882

signaotrioR, but was not so pi^nvd by one of thorn at least, may bo, and probably was
by none except Mr. Clarke, and it in in fact a forgery. I underi^tand Mr. Bradley to
mean this: He eignid something, he knows not what (called a petition), on a half
tsheet of paper, conhistin^ of more than one-half sheet; this half sheet of paper on
which ho placed hi.s bignuture, if placed there at all has been detached, and attache<i
toother and diflfoient. lialt'^hettH, conia'.ning other and different matter; or other
half-i^heots have boi-n in,-ei ted, nddi^d to or bukstituted, containing other or ditforont
matter. If this be true, in u matter so impoi-iant as that of which this petition treats,
it is at least a moral (•Hence ol" llio very gieatest magnitude — it is a forgoiy ! It is a
fraud! I leave this matter to be sett led by Ilis Excellency in Council wiih Mr.
Clarke and Mr. B; ad ley. As regards the petition, it ail comes to this, Mr. Clarke ia
in truth the i-ole jicMtioiier, a?i(i tiio e/ir.inoncement of the petition : "The petition
of the undersigned." elc , is a chcfii and a fraud.

llcnry J. Clarke I j'ouni in ^V'illllilK•g when I came here, in June, 1874. The
Queen's Bench was Uieii .-itiing as a (,'c)urt vf Oyer and Terminer, &c., and Mr.
Clarke, the Attorney (ienoial uas acting as Ciown juT.sccutor. At this Court a u
incident occurred in connection M'ith Mi'. Clarke which created an unjileasant
impression on my mind. 1 lound nn file for trial, among other indictments, live
indicjmcnts which tho Crown had jjostponed from Court to Court, namely, the Queen
against Geoige N. Meriiraan, kidnapping Gordon Gordon; tho Queen y«. Gordon
Gordon, forgery; the Queen vs. (rordon Gordon, perjury; the Queen vs. Lorin
Fletchei', kidnapping ; the Queen vs. VVilliam J. Macaulay, accessory after fact to
kidnapjiing. 1 cxaniined the eliai-^ics in tl.ese indictmenis, ai;d looked to see what
witoessort were indc-rsed (/U tl'C brnk of the indiciments, and in(i!iirtd whei'e those
witnesses were. 1 was iidbimed ihai they were in CV.iuit, oi" could be produced in a
few minutes. 1 if en asked Air. Car<)y, who was then acting f!,r tho Attorney
Geiiciul and under his instructions, if the Ci'own was i-eady to jnoceed with ihocasos,
and if not, why not? lie replied that tho AUorney General was not ready to pro-
ceed; and moreover, that the day previous when i\1r. Justice Beloui-nav was on tho
Bench, the cases had by his order been jiut otV to next ( onrt, and the bail respited.
Counsel for the defendants respectively denied that they had had notice of the
motion; nor wore they, as they claimed, present when anything of the kind took
place ; and they protested against the further postj)onement of the cases. No noto
of the alleged order WiiS p'odrtced, Afr. Carey saying it was airangod between Mr.
Juyticc Jkitourntfy aT,d iho Attorney General, who, as he alleged, was not verv well
that morning, and Avas not present in Court. 1 think this was the last day of the
sittings of the Comt. 1 selected one indictment in which it was admitted that the
witnesses for the Crown wore in Court. Tlio Quot n vs. Macaulay, the defendant
being a large lunibcr nianulactuior in VVinnijjcg, and 1 ordered a jury to bo called.
Mr. Carey, the Clerk, hesitated. I jieienipTorily ordered a jury to bo called, and sent
a constable as a messenger tor the Attorney General. The jury was empanneled.
The messenger for the AttoJ-ney (ieneral returned, but without the Attoino}' (Jeneral,
and conferred with Mr. Cai»y. Mr. Macaulay was ordered into tho criminal dock,
for it was a felony with wlinh he wa> ehai-ged ; ar)d tho jar}', I believe, were sworn
when Mr. Carey arose and said he was instructed by tho Attorney General, on behalf
of the Crown, to enter a fioUe ffosnjui., and the four other indictments were disposed,
of in the same manner. Jt struck mo at the time that these indictments were pro-
cured and kept hanging over the heads of the persons indicted for an improper
purpose, derogatory to the honor of the (a-own, anil 1 so expressed my impression at
the time in open Court, and subsecjuent information and facts have converted that
impression into a conviction,

Mr Claf ke shortly after left Manitoba and took up his residence, as it was
reported, in California, lie returned to Manitoba in the autumn of 1877, and opened
a law office, atid commenced the practice of tho law, but his chief business was in
and about the police courts, presided over by tho puisno jiulges. Mr. Clarke's prac-
tice before me was chiefly in criminal trials on indictments, in which he was coun-

sel for tho acciL'scd. "We did not get on jileasaully.

Tho cause was his ignorance of

. 1882

45 Victoria.

Sessional Papers (No.lOC.)

A. ibb3

bly wai
vdley to
1 a half
a per on

ittaclie^i
)i- other
litforcnt
n treats,
! It is a
iih Mr.
];iarko ia
jjctition

'4. The
and Mr.
Court ail
i|ilea8ant
BntH, live
le Queen
. Gordon
s. Lorin
■ fact to
see what
3i"e those
need iu a
Attorney
the casos,
y lo pro-
lb on the
respited.
of the
ind took
No noto
ireen Mr.
ler}'^ well
ly of the
that the
efoudant
)e called,
and sent
iiinneled.
(lOiieral,
nal dock,
sworn
on behalf
disposed
vero pro-
m proper
eHsioii at
fted that

as it was
id opened
SB was in
vo'a prac-
vas coun-
orauce of

law, and particulailj' of the law of evidence or mine. A notable instunco of it, tliat
I now recollect, occurred in the case of the (i'lceu v. Ilonriette Anderson, at the sit-
tings of the Assizes in October, I"377.

At the opening of the Assizes, when thoiriand Jni y were called lo bo sworn, Mr.
Clnrkc ai'oso and a-ke<l the atleiilio:i of the C)uct. il-.; ~aid that ho was rotaitu'd as
counsel for llenriette Anderson, againsl whom a bill of indictment for infanticitie
was 'to bo prefcri'cd at this Court, which would rome before the drand J\wy tor their
consiilcrt'.tion ; and that lie was advi-ed and lii'li(;ve 1 the jinnel of tlie (r.";;nd .'urors was
dolectivo and illegal, .'ind, therctoi-e, ho eha:leiiged the array of (iiand Jurors;
and he desire I that I would noto his iiiotio'i, an I tako down the pai'ticiilars of his
motion. I declined to do so; br.t 1 infornie.' him what the jmictico in siudi ca-es
was— that he must lile iiis groiimls (;f challenge in wutiug, in tlio f nn of a de<dara-
tion, and then coun.sel for the Crown rould cI'Iilm- demur or traverse it. if there was
a joinder in demurrer, 1 would luar nrgumoiiL and di.-«})ost' of it at once; it iH.--uo iu
faet were joined, evidence would h) lieard hy tiio ('oiut, and tlio. issu; disposed of
according lo evidence. 1 gave him a-half lioui* to pix-pare his (K-claratlon, aiul ho
]>re|iiired what ho said he thought contained a stateniont of ^ulU'-ient fac.s to validate
the array, which he road to the Court ar:d ii was ordered t < bo filed. The counsel
fi)r the Ci'own demnri-ed, and .Nfr. Clarke j oiicd in domurrer. Tiie demurrer was
argued; I gave judgment for the demurrer, very muidi to the dissatisfaction of .Mi-.
Clarke, who apparently did not attempt to c uiceal fiis di^appoinimeii'. .Myjudg-
n\ent was in writing and is now on tile in ('oiirl ; and a copy of it is sulijoined to ilieso
olv-ervations on the tlurd paragr;qili of Mr, Clarke's j)otilion, marked l'\ As I
recollect, the chief objections to the array wcie, that the Christian names of the jurors
Avei'e nf)t spelled in full, or spelled hy eontraeiion, as '-J. \V. I'l-imrose, W'm. Diek,
Alex. Smith,'' &c,, and the names of the jdaccts of re-idence were indicated by con-
traetions, all of which, however, arc yiointed <Mit i;t the judgment,

1 will mention another incident which, I think, occurred at the same .Vssizos, in
the (^/jeeii vs. Dapas, in which Mr. Ciarko wa> counsel for the pi-i^oner. A witness
for tl'.e Crown was examined and gave his cviden-'o in chief. .Mr. Clarke, on cross-
examinatioT), asked the witness: " Wis he nresetit at the jjrdimin I'-y examination
before the ma</istiate ? " Ileanswered : '■ Ve.>." lie ttsked him ha 1 he an^-thing to
saj' ? " Well, says Mr. Clarke, " wiuil did the prisoner say? " Ilorj 1 iuLorposetl,
and sai i t;,'' .Mr. Clarke: '• .Surely you do not mean !(< ( onlend that what the prisoner
then said is evidence to begivuii here, to-day, in his own behalf ? "' lie answer.'d : " Yes,
I do, and why not?" I replied : " Yo.i can't !)e leally serious, Mr. Clarke, and we
hav(j no time for ti'ifling ; 1 rule that such evidence cannot bo received." IIo
answered: " Well, 1 can accom[)iish the same thing in another way " lie then took
the depositions taken before th:* magistrate, and askeii the witness if the name sub-
scribed to the depositions wa.-^ in tlie ha';dwiiting of the ju^ince. lie was answered
in the i;flirmative. He then asked, " Was the name snbsciibeil to the statement of
the prisoner in the handwiatin/^ of the ]irisoner '? '" The witness said it was road
over to the pri'-onei" in his i)roscnce, .and he saw the prisoner sign it. Mr. Clarke
then giving a glance at llie Hench, turned with an air of triumph to iho jury
and commenced reading the statement made before the magistraie to the jury. I
stopped him and ^^aid 1 did not propose to have any more trifling, that I could not
thinic him soritius in what ho proposed to do ; and that it was my duty to see that
every trial was conducted according to law; that he would Pce oven by looking at
the Statute that, recognizing tl e law, it presi'riued a wa'-ning to tlie prisoner that ho
need make no statement unless he liked, and that, bis htatcment, if jnade, might be
given in evidence against liim, but it nowhere says for him; and for the host of all
reasons, it would rauko a prisoner a wklnoss in his own behalf— no lessahsuid, nay,
more absurd, than now to put the prisoner in the witness box to give evidence m his
own behalf, for inisuch case he might bo cr08.s-examined, in the other there w^is no
responsibility of even cross-examination. Mr. Clarke replied that he was astonished
at the ruling of the Court, that ho could pi-oduco plenty of authorities to
ehow that what ho proposed to do was tho correct rule ot law, and that ^o

10 J— 2^

^o Victoria.

Sessional Papers (No.106.)

A. iss:

«»•

Lad been twcnfy-fivo years practising,' at tho bar and had novor before hoard
it (|UCrttioned ; and lluit llic aulliorilie.s and his learning wore to little purpose
if lie was to bo ruled out of a proj>or dofonco for tho j)ri8onor in this
fashion. [ answered that it was arrant nonsense to talk about authorities
sanctioninif such a course of procedure — thoro were no such authorities, none could
bo produced — and as to his c.\])orionce of a quarter of a century at tho bar, it seemed
ho would have to spend another quarter of a century, and be a better student than
ho had been in tho past twenty-five years before he would " be able to come to tho
knowledge of the truth" in tho elementary principles of tho law of evidence. Mr.
Clarke professed to bo highly indignant, and requested, in not very civil terms, that
1 would note liis tender of this evidence and my rejection of it. 1 said I would do
so if he demanded it, but for tho sake of his reputation as a lawyer he had better
not insist on my disfiguring my notes with such an absurdity.

In tho month of F(d)ruary, 187H, following, there was a trial before mo under
tho "Speedy Trials Act," (without a jury of course) of the Queen vs. Woolncr. As
one of the witnesses for tho Crown was proceeding with his narrative, and to connect
the same, mentioned that tho prisoner told him that tho next day, on Monday
morning, ho was going to ono Mi-. Hay to do some work, and the felony in the
meantime having been discovered, ho went to Mr. Uay's and asked if the prisoner
had been or was there, and he proceeded to say that Mr. Hay said ho was not there
and bad not been there. To this Mr. Clarke objected on the ground that it was
hearsay evidence. It was not material to tho issue at all, and I had not taken it
down ; but it was merely in tho way of connecting in tho mind of tho witness his
narrative. I explained this to Mr. Clarke, .nnd reminded him that there was no jury-
to be misled, and that T had not taken down what the witness said Mr. Hay had told
him. Mr. Clarke replied that he protested against hearsay evidonca being allowed
and received by tho Court, and wanted his objection noted. The thing seemed to
me su]iremel3' ridiculous, but I noted the objection, and remarked that hearsay
ovi(!ci;i e was (d>jectionablo as had been ruled in the notable case of Eardwell vs.
Pickwick. " Yes," stiid Mr. Clarke, " it Avas that case I had in my mind."
Tho trial then proceeded, and resulted in a verdict of guilt3'. Unfortunately
for mo, as it seems, some law students were in the Court room when tho
incident occurred, and reported it, and it came to the ears of Mr. Clarke;
and some amusement was had at Mr. Clarke's expense over the authority of
Bardell vs. Pickwick, and Sam Wellor'y, '-Oh, quite enough to got, Sir, as tho
soldier said von they ordered him three hundred an 1 fifty lashes ; " and the
sharp reproof of Judge Scarlet: " You inu^t not tell us what the soldier or any man
said, Sir, it's not evidence." I understood Mj. Clarice felt himself highlj' insulted
when he really comjjrchended tho allu-^ion to IJardell cs. Pickwick, and expressed
himself very bitterly against mo for tho i)layiul alhi.-.ion.

Another incident, camo to my notice judicially in the month of January, 1878.
There were in \\'innij)cg some six or seveti Chinese, who all lived togethur and car-
ried on the laumliy business. One evening it sicms tliey had a quariel, and ono of
them went to a magistrate and laid an inlormation against tho others for robbery,
and the others did likewise. They all we;(;, by the Chief of Police for the Pi-ovince,
Mr. Eichard Power, ai'restod and put into ganl. Tliey were bi'ouglu before the late
Mr. Justice McKeagney, acting as Police Magistrate. He could make nothing of the
charge, as )ioneof them could speak or understand J'^nglish, antl no interpreter could
be obtained: and it appeared to bo a sort of faruilj' qunrrol among tiiem^olves. It
apjjcarod when liichatd J-*ower aiM-c.-ted thorn, bo searched them and Ibuiid ou them
several trinkets of va!iial>lo jeweliy and five tv/oitv dolhir gold piece-!. The next
morning early Mr. Power was obliged to leave i'uv Po'iugo L.x Prairie on iinjjoiLant
business; but before leaving ho hanilcd to an assistant of!ieor,3fr. Huston, the money,
&.Q., he had taken frofn tho C!hinese (^'-'^pii'i"'iiii: ih'-' ni:itter), to bo jirodjiccd and
dej)0sited with the Clerk in Court, when the Chuiesc shuuii be bj'ought up iur he:aii)g.
In some way Clarko found out that ilu.-Aon had Luis uioney ; and undo)' jn-etonco of a.
iee for defending them, although ho cor.id not uiidoi stand o:* speak theChine&o lan-

A. ISS'^

ore heard-
purpose
■ in this
inlhoriUcs
lono could
it seemed
udont than
oino to the
ence, Mr.
Lcrms, that
[ would do
had better

me under
»ohior. As

to connect
m Monday
ony in the
ae prisoner
s not there
Lhiit it was
lot tuiven it
witness his
,vas no jury
;iy hud told
11^ allowed
; seemed to
lat hearsay
ardwell vs.
my mind."
[fortunately

when the
r. Clarke ;
ilhority of
Sir, as the
" and the
:)r any man
ily insulted
.1 oxpressctl

uary, 1878.
lur and car-
and on:3 of
:'or robbery,
u Province,
jvo the late
Lhing of the
)reter could
iisolves. It
i.d i>n lli'oni
Tbe next
1 iniporLaut
the money,
odii'.cd and.
ior hcaiiiij^,
reiouce of a
Jhiiie;;e lau-

45 Victoria.

Sessional Papers (No. 106.)

A. ISS2

.euage, nor could they speak or understand English, he got from them an order on
Huston for those five ?20 gold pioco'^, he proseutetl the OKler to lluson and j)orsuadod
him to hand them over to him. Mr. Justice Mclveagney subso'iuently brought this
transaction to my notice as Chief Justice. I told him it was his duty to order the
money to bo paid back into the custody of the law to bo subject to tho disposition of
the Court under the Statute in that behalf. IIo said he IkkI so ordered already, but
Clarke had j)ut him at detiance, and that ho was afraid of his life should ho go any
further. I told him I .should be deterred by no sucli considci-ation, antl if the matter
could be judicially brought before me in any way, I woulil make short work ol it.
Mr. Clarke heard the opinion 1 had cxpi-o-^sed about the matter, at which I was in-
formed he was very indignant, and usecl tliroatoning and abusive language.

The criminal proceedings in tho Chinese matter ended in nothing, but the "poor
heathen Chinee" never got back his live B20 gold pieces from Mr. (JIarke.

In tho month of May, 1870, ono Kimer was arrested by David li. Min-iay, tho
Chief of tho City Police, on information from Toronto, Ontario, that ho had, in Toronto,
in tho month of November preceding, committed forgery and lied tho country, with
considerable money, tho fruits of liis crime, and he foundon him some 8'JOO oi- $1,000
whicli ho took from him, and at onco by telegraph he communicated with the Police
of Toronto, and received a reply "to hold prisoner until a spocinl officer with a war-
rant could roach Winnipeg." I was made aware of tho arrest of Eimer and con-
siderable money being found on his person from tho city papers. In order tojustify
Elmer's detention in gaol until tho officer could arrive from Toronto, it became
necessary to bring Himer up to bo formally remandi d for eight days, and as I hap-
pened to bo at tho Court House on tho Bench, I was asked t<i pei-mit him to be
brought before ni) for that purpose, to which 1 assented, and he was acco«'dingly
brought before me. I explained to tho prisoner for what purpose he was brought up
before me, and what it was my duty under tho circumstances to do. A large con-
course of professional gentlemen and other persons had gathei'od in the Court-room,
and among them I noticed Mr. Clarke. When L had explained to tho
prisoner .%r what purpose ho had been brought up, and my resolution to
remand him for eight days, and was directing Mr. Marston, the Clerk of
the Police Court to make out tho warrant for remand, Mr. Clarke
rose and said that ho was retained as crtunsol for tho prisoner, and that ho ha 1 to
state that there was no evidence before tho Court tojustify a remand. 1 rejjlied
that I thought differently, and must act on my own conviflions of duty. On Mr.
Clarke's intervening, it recalled to my mind the " Heathen Chinee" money matter,
and I enquired of Mr. Marston, if any money had been taken on tho prisoner, :tnd if
so, was it deposited with him ? He re])lied that he understood quite a large sum
had been taken from tho prisoner, but that the Chief of Police, Mr. Murray, had not
handed it over to him. I told him he was the proper depositor}', in the meantime,
of the mono}-; and Mr. Murra}' must bo sent for to bring tho money and overj'thing
into Court, and deposrit it with tho clerk ; and that I should go no further till that
was done. A messenger was accoi-dingly sent f>r Murray to bring iho money, &c.
After a few minutes Murray came in "ith the money, etc. He -^aid he had in money,
as I recollect, from tho prisoner, upwards of $000, consisting of sovereigns, Bank of
England notes, some other bank notes, and some silver; but ho said Mr. Clarko had
presented him that day with an order from the prisoner for S-"0, which he had
received but not as yet i)aid, as at tho time the order was presented ho had not tho
money at his office, but had put it away in his house, and was to bring down to Mr.
Clarke the $200 when ho came from his dinner. He said if this $200, for which he
showed tho order, was taken out, there would bo some seven hundred odd dollars.
My " righteous indignation " may bo imagined. I said : " Not a dollar of the money
is to be touched by any one ; " and I expressed " my surprise at tho daring and
dishonorable conduct of Mi'. Clarko as a professional gentleman in his attenij)t at
inveigling money frorr an officer of the law in this fashion." Mr. Clarke attempted
a defence of his conduct on tho ground, as ho said, that tho money was tho prisoner's,
and tho prisoner gave him, as a retaining fee, an order on his own money, as he had

4o Victoria.

Sessional Pjipcrs (No.106.)

A. 1SS2

a ri^lit to. I answered,! must c-onfess witli warmth : " For au<i;ht I krow the money
■lay be tho prisoner's, but I strouirly suspect it is not. Tliat has nothing to do wiih
the matter. Tho law has laid its hand on the money, not for tho purpose of trans-
fcrrint;- il as a couti>el fee to the pi'i. -oner's counsel, but for tho purpose of sociiring
its deliveiy to the rij;htl'ul owner. It is another attempt to do what, to tho disgrace
of tho administration of justiei', was successfully accomplished in tho case of tho
' poor Chinese.' " I added: '■ 1 <an onl}- say if it had proved successful in this
instance, I should have felt it my duty to visit so flagrant a broach of right and law
•with marl<ed and signal punishment. Happily, by accident, it has turned cnit that I
am relieved from that unpleasant duty." Astonishment and disgust were depicted
on every countenance except that of Mr. Clarke, llo looked palo and trembled —
evidently with anger, for to shamo ho is a stranger.

This Kimer was successfully transported to Toronto, was tried, convicted, and is
now in the Kingston Penitentiary.

Many more instances of unprofessional and disreputable conduct might bo given,
but I must, for fear of tiring, forbear.

I now como to civil casea. I will give one or two as illustrations of the general
chaiactcr of all cases brought before me, in which Mr. Clarko was concerned, either
as counsel or as a party. Those in which ho was concerned as party will probably
bo most significant. Ab uno disce omnia.

The case of Power vs. Clarke is a fair specimen of tho cnsos he brought befoie
tho Court as attorney, or which were brought bi-Coio tho Court of which he was a
party, p'aintiff or defendant. This is a recent case, and T, therefore, select it out of
many like it, because it is recent, and because he cKinplained bitterly of my judgment,
and moved Mr. Justice Dabnc, for a new trial, whicli he i'cfii>ed ; and because it
constitutes, as rumor says, one of his chief groun<ls of grievance against mo. The
action is in the County Court of Selkiik, and came on for t'ial before mo for tho
sittings of tho Court at Winnijieg, on tho 10th of I'ebruary, 1:^S(). I gavo a written
Judgm' at on deciding tho case. I think the doc'>!o!i is concct. I have no doubt
about it. I cravo a careful examination of that Judgment which contains all tho
evidence in tho case, and tho giounds of decision. This doci-ion gavo great oll'enco
to M'". (/larke. Lot it bo carefully examined, rnd an opinion formed from this judg-
iiien*: of Mr. Clarke's ideas as to tho correct, fair and honest ailmiuisti-ation of
juntice. A copy of tiie judgment is subjoined t) ihcso observation;) on the third
par;'gra])li of the Petition marked G.

Tho next and only other case I shall mention is DahU vs. Clarko. This is an
oxiraordinary case, and suggests tho utter doj):avity of Mr. Clarke. It was com-
rnenced in 1S80, ar.d iiot deterininod till late in thr autumn of that year. It was
protracted, waiting, at the instance of 3Ir. Clarke, for evidence on his j)ai t, but none
"wa^ ever given oi- oll'ercd. It tinally came on for judgment in November. I ])ro-
nounced tho judgment of the Cotitt. A few days after, I uiiiler,-.tood Mr. Clarke, in
tho cour-o of a public speei h at St. Andiew's dinner, with outstretched arm, declared
that ho. in throe weid<s, would bo in Ottawa, and w^uld see whether or not Manitoba
was to be longer inllided with downright fonuptio:! in tho administration of justice
by one man, at the same time stating lie had the greatest contidenco in Mr. ju--tico
Miller, who had th' n jivtcoine to the Province, and in .Mr. .Ju>itico Dabuc, bulli of
wIkhh were ))resent. lie was, no doubt, snmriing under the judgment of Dahll rn.
Clarke, which a few d.ay j)revioiis had heiMi jiroiiounci'd. A eopy (d' (his jiid/^ment is
Hubjoined to these obscrvniions on the third paragrajdi of tho Petition marked II.

1 solicit a c.'uclul examination of thi~. judgmoi.t. It contains the substance of
the bill of complaint, lln' answer, and the cntiio evidence.

It is to bo noticv'ii that all the persons who purport to have signed this petition,
cxce|>t Mr. Clarke, are resident (tut of Winnipeg, sixty or one luindred and fifty
miles or so, and in so far as is known, never have had any litigation in our Courts,
and that no member of tho Bar, or person having, or concerned in any litigation in
Winnipeg, or out of Winnipeg, except Mr. Clarke, has subscribed this ])otition; it in
fair, thoretoru, to assume, and, no doubt, it is the fact, thai this putilioit was entirely

45 Victoria.

Sessional Papers (No.106.)

A. ISS-I

got up by Mr. Clarke, who, failiui;^ to got a solitary individual in or around Winni-
peg, where all the litigation of this Province has been carried on, except the sittings
of the county court outside, who have boon concerned professionally or as a party in
any legal proceedings, to sign his petition, whoodled and induced, or himself put to
it, the signature of por.sons who either knew nothing of its contents, or nothing of*
the purpo-'O aimed at by Mr. Clarke, or werd careless or inditVoront as to the conse-
quences. It becomes, therefore, a maltor of tho first moment to know who this ilr.
Clarke i-, when he launches forth such cliargos, in a general WA}', a< those are c >ii-
tained ill tho third paragraph of his petition, against a high judicial ofHcor of tho
Crown ; resting as they do, upon his own individual and personal character, 1 have
already slated facts which lay a foundation for his personal hostility to myself.
Many more if it were thought necessniy might be added.

With the view of informing His Kxcollcncy in C'^uncil wlr.t kind of cIiai'M't.r
this Ml-. Clarke boars, 1 clip from the Manitoba Free Press of tho Idlli uf N'^ovoiiibo)",
1878, the following ouLlino of his l>ioi;i.'ipliy in Manitoba. It was published niMl
spread bioi'.dca^t over Manitoba and all Canada; and in not a single nialoi ial H:ite-
ment or par;igiaph, in so far as ] know, has it over roci^ived a con'ra lictlon, Tho
only dcfoit in tlie biography is, it seems to mc, that tho dark shadows of his iihsral
character have been too faintly drawe, his ini<juity and moral depravity h ive not
been suflieutitly developed, thoy have been touched with too light a pencil, \\i:!i a
faltering hai.d : —

Manitoha KaEK Press, D.ulv Edition, Saxuudat, Nov. 10, 1ST3.

U. J. Clarice.

Tlie -iibjoet of tho following skct^'h is onu that wo had hopod wo should never
again h;i\f boon called upon to make any rofoi-eiK'o to. Wo desired to li;ivo koptMiu*
columns ;.s dee of his lamo as do respect>d)Io people who know what In; is, k iip
their hon-c-t of his poivon. Hut wo feel that the oxigoneios are such that wo si'o dd
not bo (ii.M barging our duty did wi; will. h"ld from the peojilo of ih s L'rovin(v\ )ii:\iiy
of whom, iy reason of their late arrival, are not familiar with his character and
doings, an outline of tho same. Arnievl with a smo )lli and vo'ublo tongue, it W(mi!(1
bo no matter for su'-priso that ho sli uild make a veiy favortddo ini])i'0'si,.u whoi e ho
is unknown. In the interest of public morality wo lay this skotch before the oloe-
torate, e^pccially at Kockwood: —

Jleiiiy .loscjih llynes Clarki*. ^'s with gusto in tliosc dnya he -ub^cri' im! himsidl',
landed in "Manitoba in tho year I '-'TO. Following clo^e n|H)ii bis mrival ho wrx-i
tdected ;i nienibor of tho first .Mani'oba Lofisla'ave A>sern!>!y of t! o I'rov-i e(;, for tli'i
Parish ol Si. Charles, and made iVtloi-icy (Iciieral in tho tii-t Co-.a-rnmenl. During
tho iuuitli and last session of the liist rarlianiont, th(i (lovorninen; was defeated. So
Boon as the sueceeding (iovernniont wore able to analy/.o tho p'ib'ic atVairs thoy dis-
covered that tho capital aeeouiit n! ibn l'i<»\iiieo had. during liis -lort t(>rm of oili.'o,
been reduced 8 ]r»S,;^H; or, in otbrr w.tid-, the subsidy had boon impaired to th)
extent of ?T,!ni\3(> per annum. An investigation, as far as it was practicable,
hhowcil that a most prolific (auve (ttsui h a icsult was a prt coss df

Li'jal (!) Puhlii: llMn'rij

whi( h had been cairiod on by the AttorncyCionpnd in his dopnrlmont of tliondmini'i
tration (d' juhtice. Tho vote and voice of the people, as ^•xpre,s^< d in Parliatnont, bad
been a!.M.Iiitt>ly disregarded. K.>r instane(>, the yoai- 1S7'J I'arliainent vo'ed 84 i>J'()
lor this ^el vice, and Att(iiiey(Jener!d Clarke expt iide<l Hyitf).!" ; for 1S73 Parlia-
ment voted 81'2,(iO(>, while he sp< m 8L'3,r)()li.ll. The way in wliieli this oxpeno '-iro
was made to no much exceed the est mate, and to the !idvatitHp(^ of the hcail ol •'o
departirotd, was, to Miy tho leant, ingenious, lie managed to approi'riale tho p"' ..i
funds in large amounts by two inoilos

*'i Victoria.

Sessional Papers (No.106.)

A. 1S82

Secret Service and Indictments.

Daring the yeai* 1813 he succeeded in drawing from the public treasury
$10,S35.10; and during the h:ilf of the year 1874 that ho remained in office ho secured
§4,205.50, from the same source. The secret service part of the item is generally
considered to have boon "clear gain " ; at least since Clarke left offi'io it has not been
found n<. cossarj' to spend one dollar in any such business; while Attorney-General he
l)ci*formed the functions of Crown prosecutor, an i as si»<„-h i ecu red to himself $25.00
for every indictment he obtained. To make this " branch " as remunerative as
•»^0B8ible, his plan was to have almost every person accused of one substantial offence
indicted from three to half-a-dozen times. One or two instances by way of illustra-
tion will suffice. At the September, 187-"i, term of the C(jurt of Queen's Bench, an
Indian was charged with burglary, for which ho was indicted no loss than four times
as follows: — house breaking; larcenj'; stealing money; feloniously breaking and
entering a house and nieaiing therefrom. The case at a subsequent stage broke down
on the first indictment, and tho accused was discharged. At the same term of the
court two persons who had already sulfored a term of imprisonment, and wore known
to be then in the United States, wore indicted no less than six times each. The
reports of all the courts of those times are but a repetition of this sortof thing ; and
the instances in whie!i an accused individual was indicted only onco are very excep-
tional. Ninety per (Hilt, of these indictments served no purpose whatever in tne
interests of justice, tlioy only benefitted Attorney- General Clarke to the extent of
925.00 ciH-h. at the expense of the countiy. The monstrousnoss of this mode of
jiMX'ccding is rendered abundantly manifest by the comparison that when Clarke had
the conducting of iho Crown business it cost the country, as wo have shown, 825.00
ior oflch indictment, while since he was deposed, notwithstanding the rapidly increasing
))opuki1i()n, not one dollur has been " appropriated " under the item of secret service,
only $5.00 each has been jiaid for indictments, and the conduct of the Crown business
has cost only about 61.000 ])er annum, $"{,101.60 being the amount for the three years
ending at the do.se of the last fiscal year.

To Make Money,

T10 matter b^w, was evidently the ])rimo aim of Attorney-General Clarke. Tho big
" hauls" we .'. of eouise, taken froni Iho ]tublic chest, as shown. But he evidently
allowed no uiIum* oppoi'tunity to gratify this ambition to pass without attempting to
improve it. .Many of the readers of ihe Free Press will remember tho namo " Lord
Gordon." These do not need lo bo leininded that in 1873, an attempt was niado to
unlawfully convoy him to the United States. Tlu* atlcnpf, it was alleged, was;iided
by eertain pr 'ininetit and wealthy Anio ieaus that wore here at tho time upon other
Imsiness, and they were arrested. Tlieso gt-nl lemon being friends of Mi". W. J.
Maeaulay, ot this city, ho very imturally interoi^ted himself in tho case. Tho whole
of the <|(«lMih need not b" related ; but we have by us a printed sheet is'iin.il Irotn
()tt.awa ."-hortly after the oecmrenee, w liieh is a recital of the whole atlair under tho
oath of Mr. .Maejiulay; and it ceriainly discover.-* ono of tho grossest attempted
outi-ages \<y a jmblie oflii er oxlant. L is a case in which tho Attorney-(ienoral
ollered to

I'artcr Justice for Monet/,

fl^d (o cornTnil the very (jll't nco t'>r whitdi he v i then prosecuting others. Mr.
5iaeaulay in this affidavit sayh : " While iiitheAl )rnoy-Generars oHii'e on tho night
of the 4lli, ho naid he wished to make luo an otl'oi and wanted it to bo in strict conti*
deuce." lie commenced by Hiying : " ^Mr. Maci.iilay, you know that lam a poor
man, 1 wart niiuiey, and it yo\u' friends will gu.iraiiieo me nay $25,(100 I wdl ii'sign
lis Atlt»rtie ''oneral and agri'O to have (tordon (fordon in New York within twenty
days." The . lidavit then pi'oeeeds to lelato how Oiaike, through an(»tlier parly, tried
lo sell the aeeused jtersons a jiroporty worth not more than $:{.0()0 f()i- $1<!,000, in
c'onsiderati(.in for which he would accept " a roan of straw for bail," under which they

45 Victoria.

Sessional Papers (No.106.)

A. 1SS2

mi^'ht got out of the country. However, he failed in all his negotiations ; and because
Mr. Macauhiy did not tiy lo pi'omoto Clarke's vicw.s in this connection, he formulated
a criminal charge against him. Nor did his attempts in this line end l>oro.

" Lord Gordon''

was reported to bo wealthy, and Clarke seems to have tried to prosecute him into
coming down with his " contributions." Accordingly, upon a series of tiumped-up
charges, he had him pursued into the North- West Terrilories, whither ho liud gono
for a hunt, illegally arrested, brought back to Winnij)eg, incarcei'atcd, and indicted
twice. Immediately that Gordon was arraigned he a])poaled to the Court in thes
terms: "My Lord, that Counsel (pointing out the Attorney-General) tried t

i^..i c . i. 4l.„ „.l .l„li I l„ I , r.M.i I i.,..i 1 1

eso
to

Glarlis FoUtics.

Tiiose who were resident in the Province during the first four years of its exis-
tence sliould need no cnlightment upon tliis point, lie was pre-eminently a time and
Kelt' server. When he got control of affairs, the French-speaking jieophi were in a
position to dominate, and so long as he was tolerated liy tliem, his manifest deter-
mination was to fiubordiiuite the rights of all others. Tha Ontario emigrant vvas hii*

vui^j, «^i>iii\<j III II <jnu<.u'i ii iJiii HJI iiio ict^ini,! ativ/ii ui \wii;i,-> wiiiLii v;.\.i;i mi<.' » iiviii iiio

franchise all jiersons coming lo the Prv^vince until they had been hero three years.
But, opposed by Hon. D. A. Smith, he was forcetl into a modification of this high-
handed attempt to "clip tho wings of the Ontario people," to use ft favorite expres-
sion of his own, in those days. On questions of both principle and Hontimentho
Went llie mosi extreme lengths against the English-speaking new settlers in his mad
and reckless, but ultimately vain efforts to keep the solid French support. In
187- the Ontario Legislature, it will be remembered, olVered a leward of^5,0n0 for
the CMiiviclion (»r tliose who took the life of Tiiomas Scott, at Fort (iai-ry in 1870.
The Miiiiiloba IiC'gi>laturo was fitting at the same time, and when W(»rd was received
here "t I lie acdioiis of the former body, AtLorricy-Genoral Clarke brought before tho
IIoiivi; ii re.-olulion of c imicmnatio?! upon the Legislature of Scott's native Fiovinco
for tlu'ir aetiuM in this mattrr. He did so in a speech most outrageous to tlie U'dings
of the Iiaiidful of Onlaiio people theti there, knowing that they wero numi rically
])o\\\ rli s-> to re-onl. llt> di'si:.Miated the Scot t murder cry as nothing moi'e than a
" hobby liorse" of Ontario, lie cliaracleri/.ed the action of the Ontario Legislature
as" noiliing less than a piece of impertinence," adiling, •' tlio ]iussage of the resolu-
tion |>rop'isel would give tiKMii ilicsnub." In the course of the debate thai ensued
lie sail! : '• l! will be seon that Kiel, who has been made the scape goat for the wholo
of what was ilone ;i'>d left uinlono then and for years past was tiot to blame. Ho was
a mati who when chosen sto,)d forwai'd, becoming the maik of all." At another
tinn; tiif quesiion of tho (J'.(-7o rebellion came bel'ore the llou.-e, when (.'laike said :
" lie was prepared t'» jiiKtify their every net, save one, of those commoidy called
rebels; and lliat one had been iimiiI to its utmost by their enemies. If he had lueiia
resident of liie countiy he would have been a rebel loo. " Alter the llous(^ rose on
one of those occasions a number of the members wore a-^seinbled in oneof llio olliees,
having what is commonly culled a " good time," when Clarke, in a mo men I of supremo
gush, tlnipped on his kne<;b bid'oro tho.ie assc'mbled, and called (iod l'(»m heaven to
witness liis declaration that before any jwrson could harm one hair of Lo lis IlIerH
Lead, tlicy should have to walk over hid (Clarke's; dead body. However, there won

45 Victoria.

Sessional Papers (NoJOG.)

A. ISSIJ

A Turn in Affairs.

At the opening of tho fourth session it was evident that ho and the French
speaking part}' were tvvo. Tho Roman Citholic dignitaries and clergy, whom ho hnd
hitlierto att'cctcd to believe porfoctly immaculate, he went far o;it of his way ti> re'Vir
to in most offensive and insulting terms; and the French Hpeaking element, v/hirh
before he had labored to keep supremo ut all costs, he was prepared to put out if
existence entirely had he tho power.

Why this Change f

Ho was the central figure in a social and domestic scandal, which, fori unatoly
for society, as an outrage on public morality, and for inhumanity, seldom had a
parallel in a Christian community. His mother church would not lolorale his con-
duct, and knowing that the day was rapidly ajipi-oaching when tho Kiiglish spo.ilcing
people must become dominai'.t at any rate, ho turned his back upon his iiuoi.dam
iriends, and set about to make up with those whom he had so enormously ahu'-ed
hitherto. But they would have none of him ; and ho was driven from office hy the
concontiaicd action of French I'tid English.

A Heart Rending Tale

Indeed, is tho barest outline of this man's perfidy to a woman wlio, at the time
of writing, is lying u])on a sick — perhaps d^ing — bid at the Grand Central Hotel in
"Winnipeg. That woman, several years ago, ho made his wife. At thetl-no, she was
po-<se^scd of a large amount of money. Actuated by the whole confidence of a
devoted wile, she gave him control of her property ; and in a veiy short time, t-ave a
comparative trifle she had retained, it was all lost in eomo wild speculation in
Montreal. In 1^70, as before related, he came to Manitoba, flimiishing the luune of
Henry Joseph Hynes Clarke; Hynes was the maiden name of his wife atxl he Wie ir-
poiatcd it with his own; but he hasdropj)cd it now. Yes; ho hasdro])])('d the .ame
and abandoned her from whom he took it. When he came to ."^lanitoba he left his
wife in i\Iontreal, with the understanding tliat at an early day slii; was to follow. JIo
took u]) a home in Winni})e<j; with a highly respeclablo ])riva!e i'amilv, with tho
members of which, by means of his oily tongue and mave nnnner, he ^( on estah-
lished himself most favorably. The (Invernmont of which he was a mernbti' havin„j
Bome bridges to construct in distant pai-ts of the Pr()vince, and his ho^t b»Mng a piac-
tical mail was entrusted with the work, which necessitated his absei.ce froni homo
for considerable periods. During his absence (JIaike was sapping the foundiiiions of
his domestic haj)))iness and ruining his home by weaning from iiim the alVedio .s cf
hiswiio. Returning home upon one occasion he found his wife not theie, and was toM
Bomothing to the etUct that she had bi'cn sent for by IViends in the eastaiiJ h.id gone
to visit them, Clarki' e.xpla'ning that he had lent her the money to go with. Thin
Boomed satisfactory. A short time al'ler ('larke It'll to visit .\lontieal, and in duo
course suggestive stories wcMe brought home by liiose who had met the AHor'noy-
Goneral ami the woman last I'eferied to, travelling in the rniteil S a!o'<. Litl'a by
little the full tiuth forced itself upon the intisttM' of the hou-e in whith CiaiI;eh.'Kl
found a home, his wile had deserted him, and taken up with hisgii,>st,. Clarke, how-
over, t\irned up in Montreal and met his wife ; but she at once detected sonic'liing
very difierent in his manner to that of old. Some time at^er she came to Misnitoba
willi him ; but it was oidy after jtatieiitly surtering unkindness ai his hands foi' moro
than a year that she came to unJi'rKt.uid the true stiite of all'airs. Tli;i' uiiiy b.)
biictly told. Clarke was keeping n|) an all'eetionale (!) corres])r)iidenco wi h his lalfi*
attachment, and supplying her with lU 'iic}' for sustenance, while his loyal -.wA um.'o
happy, but now wretched, wife was sutlering m on* and more ill-li > atment liom him.
In 1.S74, (^larko wus voted out of oillce, and ho immediately left the country wiiii hid
ill-gotti'ti gains from the public tteasury, deserting bis wife entirely. It soon Iciamo
gonoridly Icnown that Clarke and 'he wife whom he had seduced from her hu-hand,.
wore livij)g as husband und wife on Iho Pacific Coast, and luxuriating on inlii-appio-

2(>

ss^

45 Victoria.

Sessional Papers (No.106

A. 1S^2

priated portions of the Manitoba subsidy'. Wealth illy acquired, however, is seldom
abidin<jf. So it was in this case; and then, forsooth, in 1877, as tliou^h Clarke had
not made his poor deserted wife Pulfer enough, and as thouirh the woman he had
robbed Jier husband of, had not sufficiently wrecked him b}' her condiict, they came
back to Winnipeg to brazen out their shame in the veiy I'onummity where were
residing the particular victims of their intidelity. The outraged husband lias since
fled from the scenes of earlier and happier ass-ociations — befoio the despoiled of his
household had crossed his threshold — and taken up his abode in the farther west;
and the broken-hearted wife, utterly hopeless of comfort this side ot the grave, is
pining away and hastening beyond that bourne whence no traveller returns. But,
thus lar, their determined efforts to force themselves into respectable recognition has
utterly failed, and they are righteously surrounded by a social atmosphere of
supremo contempt. Clarke has, ever since his return, been trying to iiet into public
life again, and has knocked at the door of nearly halfa-dozen constituencies, one by
one of which gave him to understand the same as the rospectable houseliolders of
Winnipeg — you cannot pass our portals. St. Agatho said no, St. Vital siud no, St.
Anne said no, St. James said no, and now, having utterly failed in these (Id settlers'
constituencies, he is ktiOcking at the door of Rockwood, a division inhabited by Ontario

f)eoplo- the class of all others to whom his public career was most obnoxious— and,
or their good name lot us hope, whose moral sense is not less acute than that of
their fellow citizens in the constituencies named.

Yet this Mr. Clarke, whoso life is stained with epcry wickedness and whoso
chai'acter is black with every infamy, unredeemed by a i ingle virtue, piesumes
ex cai he dr a, pro bono publico, to arraign the Chief Justice of Manitoba for being "so
noloiiously partial, dishonest and unjust in his judgments and decisions, that suitors
in the said Court know and feel that their rights are not safe, and the people of tho
Province of Manitoba have no confidence in, or resjiect for, the judgments tc
decisions, &c."

To me it was incomprehensible how, in the ]Iouse of Commons, of which I bad
boon f(»r several yeai's a member, and to many of whose membei-s, at present con-
stituted, I was well known, a member (!ould be found to present such a ]ietition.
But 1 have learned how this was brought about. After trying for v. lor)g time,
without success, to get a member to present the petition, Mr. Clarkr at Uu-^t hit
upon this scheme, lie wont to Mi*. J'oj'al, an old enemy, and told him. if ho would
present this petition to the House of Commons, ho would forego liaving certain
papers, exposing Mr. Eoyal in the Indian Commission Investigation in re I'rovencher,
moved for in the House. Mr. Koyal accepted the overture and presfnted the petition.
Tliis statement is based on a current rumor at the time, which has rt'ceived no con-
tradiction; and the following corresjiondenco Ix'twcen '»Ir. Tliil faudcau, a
rosi>ectable barrister -of eight or nine years standing in Winnipeg, and mysi-lf : —

" WiN.Nii'EU, 17th July, ISSl.

" r>EAU Sm, — It has been intimated to me th.'it Mr. Clarke, wIuhi he canu- up from
Ottawa, last winter, to gel signatures to his petition against me, showed the petition
and asked your signatuie to it ; ai d ujion your refusing to si'.,n it, you remarked to
him that you did not iielieve he C( idd get any nienil)er of the Mouse to prescMit such
a j)etition; and, that he replied, that he had already arranged that. In eonsidijration
of his ((Jlai'ke's) undertaking aiid agreeing to fiu'ego .and to abandon having certain
papers, CNjiosing the fiau. is olMi'. JJoyal, develojied in the Indian Commissioti inrc.
Provincher, moved for .and brought down to the lh)use, Mr. Royal had agM'ed to
present the petition — that he had that all li\ed.

" It seems that subsequently, after Mr. Clarke's retuin to Ottawa, Mr. I.'wyal
prei-oJited the petition.

" Will you bo good enough to inform me what communications (if any) on this
Bubjeet Mr. Clarke made to you.

" I am, Dear Sir, your obedient servant,
*' W. B. TiiiBALDKAU, Esq., Barrister, &e., Winnipeg." " lO. B. WOOD.

4.5 Victoria.

Sessional Papers (No.106.)

1882

EEPLY.

" Winnipeg, 19th July, 1881.

" Dear Sir, — T beg to acknowledge the receipt of yours of the 17th instant, and
in reply have to state, —

" in the oai'ly winter of 18P0, Mr. H. J. Clarke openly stated, that the object of
his then pi-oposctl trip to Ottawa, was to have the matter relating to Mr. Royal's
connection with the Provencher Indian investigation brought before the Hou«e of
Commons, and to have hira prosecuted and expelled from the House. No one could
S])cak more bitterly of another than he did of Mr. Royal.

" On his (Clarke's) arrival from Ottawa, in the winter, he asked me to sign the
petition against yon, which I declined doing. I suggested that ho could got no mem-
iDer to present it. lie answered : * That is all right; Royal will do it, if I will not
press the Provencher charges against him.'

" I did not regard his conversation as being in any way private, as it was said
in such a way that any ore piiying any attention in the premises, could have heard
what he said ; and, besides, I had previously heard the same thing on the streets.
" I have the honor to be. Sir, your obedient servant,

<' W. B. THIBAUDEAU.
" Hon. Chief Justice Wood."

Thus, it seems, these two worthies have now become friends — pars nob He f rat rum f
As indicating what sort of a man this Mr. Royal is, and with what he was charged,
in respect of which this Mr. Clarke threatened to have him exposed, I give two
aiticles from a sort of quasi private newspaper which Mr. Clarke published in
Winnipeg, for a few months, in the winter of 1878-79 — a file of which, I suppose,
will be found in the Library. It is called The Manitoba Gazette.

" Royal & Co."

" The above named patent, outside combination is at present making most
powerful efforts to secure the votes of the people at the approaching election. Royal
is about among the P^-onch half-breeds, preaching to them the paramount necessity
of supporting him, Joe, the Godly, if they don't want to see the downfall of the
Cathnlic Church, the French language and the Catholic separate schools in Manitoba.
Yes, nays holy Joseph, if you want to uphold your holy church, your glorious French
laiiguiigo and your Cathdlic nchools, if you wish to defend yourselves against ihoso
wlio aic tiying to take fiom you all these things, — you must supj)ort the Royal Nor-
quay gDvcrnnieiit, and must elect men we recommend to you. Beware of any one
or (,f iiiiy part}' tliat tries to divide by opposing us. Their object is to get us weak-
ened, and then }ihi will bo blocked out.

" Now we are aware, that in this bigoted howl, Royal is assisted only by the pro-
clorical win* are wit1i him as their visible head, form the politico-religious ring which
now con(ri)ls the i'roviiice. It is useless to deny this, facts speak far louder than
words. For the past eight j-ears this man Royal has been pushed forward and sus-
taineil in jtowor by tlmso who know him well, who despise as a man, but who tind in
him just the t'lol ihoy roijiiire. They ktiow that during the last two years ho has
been detected in public Irauds amounting away up an^ong the tens of thou.sands of
dollars. They know tliMt he has been on the very point of exposure for a broMch of
tru-l o| the most shainoliil kind, and was saved only by a silent settlement of tho
mat tor— an Archbishop indorsing pioinissory notes to a large amount to save his
])Votrge from arrest at the suit of a Frenchman fi'om Montana, who was deceived by
the order of sanctity by which he found Jioyal surrouuded, and thus fell a victim to
liis too great reliance on outwai'd nigns and appearances.

The Coinrnis<i(iii held here last Fallon the frauds in the Indian Bureau, disclosed
a system of swindling of the most impudent and glaring kind, over $12,000 woro
shown to have boon stolen from tho dei)artmont, and in almost every case Joseph

45 Victoria.

Sessional Papers (No.106.)

A. 1SS2

l{oyal was the most prominont Jiotor in tho names of others, without their knowlod^o
or consent. Royal made up false accounts to largo amounts, signing with his own
name as witness to their being genuine; got wan-ants and cheques from tho Govern-
ment in payment of such accounts payable to the order of tho persons in whose
names he swindled the depaitmeht, and ho deliberately endorsed the names on such
cheques and got the proceeds from the bank hero at Winnipeg. We will just give
an example or two where the goods, to the amount of thousands of dollars, were
found to have been sold to the Government by a man named Guy; his accounts,
vouchers and receipts were produced, all duly signed with his name and certified by
Joseph Eoyal as witness ; cheques on the bank here payable to tho order of Guy
were presented at the bank endorsed with the name of Guy, and wore duly paid.
Now, before tho Commissioners, Guy, under oath, swore that ho never sold anything
to the Government — that he never had any contract with or for the Government iu
his life, that ho did not know how to wriio his name, that ho never made out an
account again&t tho Government, never signed a receipt, never endorsed a cheque or
received money on a cheque at tlic bank ; iluit in fact he was simply a servant man
in tho employment of the lion. Josoj)li Royal on small monthly wages. Now, every
one of the pajiers produced, cveiy receipt and cheque, had Guy's name forged on it
by Joseph IJoyal, who received the money.

" The case of David Champagne is another ])r(^orof the honesty of Joseph Eoyal,
the Godly. Ilere it is, Champagne and Poitras, witli men and carls, wore employeil
by the Indian Agent to tako forty head of cattle to the Lake of the AVootls. Tho
amounts the}- were paid are : David Champagne 872, Poitras 840, 3 men, 820 each,
$'!0, ti)lal 817r>. When Clianii>:igno was suinino:iod boforo the Commission what was
his horror and astoni.-^hinenL to lind that !iis name had iieen forged to a recei])! for
8-101! and the forged name witnessed to by tho lion. Joseph Koyal, the amount
stolen on this litttle transaction being 822().()0. Ikit moi-e follows : there was another
charge made against thu Goven.nieni lor the same service l.iy Guy-foi'ged vouchors
and receipts being produced, all cei titled or witnessed by the ifon. Joseph iioyal,
and 8400 more stolen from the Indian Depai-tniriit, for the bringing of the same 400
head of cattle to the Lake of the Woods. Thus 8027 were actually stolen in a most
infamous manner.

" We might go on tlii'ough wlioh' oolmnns to give tho details of the tlieflH
porjK'tratod by the ring of which Joseph Iioyal w;»s the liead and ling-leader. James
Tremble's name, i'or instance, is forged to receipts for thousands of dollars which he
never got and never hcai'd of till he was on oath before the Commissioners and had
the l(n'gid papers shown to him. Joseph Eoyal is the man who wrote his name im'l
got the money.

" ilow tlien can the jieople, who pretend to be tho directojs r.nd guides of ol!ier
people's conscicMico^, how can tln' indet)endent ])eople ol' this J'rovince jireteiul to
desire a proper and honest administration of public atlaiis, il'llii-y .suffer, not ]i(yal
only, I'ut any manner (;f party nn'u who will support a Govei nnient with IJoyai ;(t
thr head ol it. Can puie water flow from a rotten souice ? Can a ])ublie man who
is known to be guilty of gross dislioiie-«ty be trusted with public interests ? Can n.en
like Xoi(pi:iy, who allow ll'.cni^clves to be made tools of hueh men sis Iioyal, be
trusted with grave jiublic liiilies? Tliese ai'o questions to be answered liy the voler.s
and electors.

(NovEMiJi'.u hirit, IHTF.)

Uunorablc •iusejj/i Hoijal <iul his utiicr S'llj \\ D. GiUjnlcr cD Co.

" Our readers have been told a little, a \Kivy little indee I, of what might bo ti/d
aboul the v;u ions i)iren.'es that have I). en pi-ovcd against liio hoi.oiallo aiid liiLiiiy
rcsji'ji'teu French Can.adian Lontloman, who Jiow, as he has done for (ho pvist ;ui:r
.\ir.-, n-lo' this Proviice iu the interest of himself aiul his Grace of;>L. IJoniiuLe.

I'r

■4-"> \'ictoria.

Sessional Papers (No.106 )

A. 1SS2

"We now propose to Kubrn it, for tho oool consideration of tUo cloctor.-i of this
country, u statement of fuels, wJiticli will jirovo bej'ond any doubt that Joseph Royal,
the Godly, has boon as bjisy cheating the jjoople of Majiitoba as he has been chejilitjg
1 ho Indians ot the Nortli-Wost, during the four jtast years. We will to-day let in
the light on the Hon. Joseph Jloyal, as ho plundeis the treasury under the name of
' N. D. Gagnier & Co.' in the stalionciy business, and of a ' N. i). Gr.gnier k Co.' in
the printing business; and, as our information is given by Mr. N. J). Gngnier
himself, under oath in a declaration duly sworn bef )ie lEis Lordship Mr. .lustico
McKeagnoy, on the 19th day of A.ugu-;t la-t, we defy any k-ind of contradiction of
our statements. On the floor of the House last Sos-^ion of the Local L'.'gislature,
during the debate on S ipp'.y, Mi-. Martin, M.t'.P. for Sto. Agathe, when thu
item of printing came up, charged the Hon. Joseph iloyai, Attorney Genci-al,
with being personally iiitorestod in Lc Metis nc>.vspa]ior, und in the printing dono
in 1/6 Metis news])apcr, and in the printing done at the ofH -e of that paper, fjr
the Government. Mr. Koj-al repudiated ho statement, cliarging },lv. Martin with
ptiiting that which ho knew to bo unti'ue, and most jiosiiively declaied i'l'ii he,
.lioyal, had no interest whatevoi-, directly or iniiroctly, in the Le Metis nor
ill the printing dc^o ai that office, nor had any interest in any (Jovesrinient
printing. This he said was only another of tlio man}' slandei'O'is its-ortions ly tlio
member of St. Agathe to insult him, the Hon. Joseph Jioyal I In f:ict, the lion. Mr.
Royal was foaming with angei-, deeply insulted, even by suspicion of his being c.ipablo
of holding contracts with the Government of which lie himself \v;is a member, if not
in fact, the whole Government. Now, ai the time (ho JIo'.i. Mr. Hoyal contradicted
Mr. Murtin's statement, ho was contradicting the truth, and in doing so he wa.s
uttering falsehoods. He knew that for j-oars he hail been doing m11 the ])!'int!t!g in
jFrench and a large pai t of the job printing in iCtigli.-^h for the CJovernmont of wliich
he was a member. Here is a j)aragraph from N. D. Gagnier's statement under
oath, on that subject: * 4th. That on or about the 24th day of .Mundi, 1877. the said
Hon. Joseph Koyal and myself under the co-partnership name of 'X. D. Ga'.;nicr it
Co.,' entered into a contrrict with the Government of Manitoba of whieh the said
Hon. .loseph Royal was then and is still a member for departmental p)rinting, adver-
czing in Le Metis, and lor book and job work, which conti-act is still in full lorcc ;
; n(i lenders for which contract wore prepared by the said lion. Joseph Royal in hi.'t
<'wn handwriting addressed to Alexander Begg, (^(K^en's Pii liter. ?\ow where is tho
iioi. Mr. Royal's word of honor? As a member of the House ho was acting the ])art
•of a cheat of tho very worst kind ; as a jtrinter he charged a hundred per cent, over
the real value of the work ; as a member of the Government he was al,>o a member of
tho board of audit, passed his own printing accounts, g;)t his cheques payable to
-* N. D. Grflgnior tt Co.,' or order, fio:M his friend the Premier R. A . X)avis, and after
endorsing ' N. I). Gagrier and Co.'s' name on tl;e cheipies, got the momy at tho
^Merchant's Rank, llej'c is a sample o( the accounts that were thus taken from the P"o-
vinco cf Manitoba by the Hon. Joseph Royal under the name oi' ' N, D. Gagnier & Co.*

1876, Subscription for Le Metis S 7 50

Slaticnoiy tor ollice 174 00

do COO (lO

Printing blanks 4.'2 00

Printing 7,775 GO

1877, Sul)Hcription for f,e Metis.... 7 J^O

Stationery to/ ollico 714 00

do 1,102 SO

Printing 4,329 71

Paper 01 00

815,208 til

" "We can only find room in (ho pre.scnt issue fc r ono example of the Hon. Mi-.
Koyars stealing ut.dcr tho name oi ' N. D. Gagnier' with Co. left out. On tho 2iid

18S2

« 1

45 Victoria.

Sessional Papers (No.106.)

A. 1SS2

witK

of February last, tho Government of Manitoba was charged for stationery by Hon.
Mr. lioj'al, alias 'N. D. Ga^^nier ' 814.00, §70. 00, ismong other items of the account
is thiapne: -

4 doz. Koger's knives Q, $20.00 $85 00

" Now, how did two dozen members come to require four dozen knives to begin
with; and how is it that $30.0.f a doz. is charged, wlion tho same knife can be bought
by letail for 80 cents? Tlio answer to the conundrum is this : Josejdi Kymal first
clioateJ the Government of which he was a member, out of a couple of doxen of
knives, on the count only, and then he chealed the Province out of at least 840.00
on tlie penknives alone, lor one e>ession . We liavo tho originals of Mr. Royal's
printing accounts whicli our fiiends and the public can examine."

Here wo have the character of this Mr. Royal given by this Mr. Clarke. I da
not pretend to endor.-c iheohai'gos; but I strongl}' suspect that the developments, in
respect of Mr. Royal, in the Indian — Provenchcr — investigation, were most damag-
ing. 1 have nodoubt he was conscious of thi-, and was exceedingly anxious (o avoid the
exposure; and gladlj' availed himself of the proposition made to liim by Mr. Clarke
to present Clarke's petition to the House of Commons, to avoid, as he supposed, Mr.
Clarke getting some member lo move for the p:ii)ors, disclosing his alleged frauds and
crimes in the Indian — Pr,)voncher — commission.

Vain hope! for I see by the Votes and Proceedings of the Uouse of Commons,
that Mr. Charlton, a few da3's after, put a notice on the y);\per for these dreaded
]ia}>ers, but which was too late to be reache 1 last Session, but will doubtless bo renewed
next Session ; and I hope it may not bo so, biU I gre:itly fear that tho revelations of
these jjapers will fa^ten on Mr. Royal grave irregularilioi, and convict him of pecu-
lation and fraud on the Crown.

With tills, I am well aware the accusations a;::ainst mo, where they consist of
specific acts, have nothing to do; but where they are gc.iera! in their nature and
are not susceptible of disproval l)y evidence of fact, but rest on the nlftrmation of the
pt'ti I loners and the member who presented the p'^tition to the Ilou^e on the one
hand, and on my denial on tho other hand, it is important to know thoroughly iho
character of the pelitionei's and of the member (>f tlio Ilonso who was induced to

{)re(-ent such a petition, and the motives he had in view and* the reasons operating on
lis mind leading and impelling to such an exti'aordir.aiy act. In tlie light of what
has Ijcen said, I think the inference may bo fairly drawn that it is at least moro
than doubtful if Mr. Royal was moved in this matter by a sense of right, truth or
justice.

By these men and by these moans is ray character attacked and in}- reputation
sought to be taken away with inijiunity ; and, in any event, 1 must, it seems, submit
in tilence to the irreparable wrong.

From the first day 1 as-umod my judicial duties to this d.13' it po happens that I
have not tried and disposeci of a single case involving any di>pute or controversy,
but the evidence has been carefull)' taken down in writing and the judgment or
decision reduced to writing at tho time of giving tho judgment, with all the reasons
pro and contra with autiiorities cited ; nor have I given a single judgment in term
on any disputed niattei but 1 have I'cduced it to wiiting, going into and exhausting
tho subject. Those decisions and judgments are tiled away in the Clerk's ollice, and
are accessible to the whole profession at pleasure. Nay, even in the County Court,
which is analagous lo tlui Uivision Court of Ontario, but has jurisdiction to 8100 in
ftctii)ns ex tIeJicto atnl to Sl'.'iO in actioris ex cotttriicfu, so careful have 1 been that tho
reasons and grounds of all my decisions should " bo known and I'oad of all men," ihat
1 have, in evciy c.'isu tried before me in which there was any real controversy in law or
fact, taken down tho evidence in writing in full and given judgments in writing, whicli
lire on file in ('Icrk's offices. The labor has been immense, yet it has been done by me,
and 1 think well done, in accordanco with ji^lico according to law. In taking this
course 1 had no idea of such an attack as this, but now, providentially, 1 can point to
written evidence J written judgements in every case I have tried and decided, or

45 A'ictoria.

Sessional Papers (No. 106.)

A. 1882

in which I hiA'c given ju(]gmont, sinco I have been in Manitoba ; and what is more
I have the Horcno satisfiiction of believing — I had almost Kiiid of knowing — that thej
are all )ighl. At all events, there they are, and they epeak for themselves. I art
willing to be ju !ged by them. Srripta manent.

Jiulges possess no infallibility. That they are liable to err is inseparable froir
the in tirmity of human nature. In many cases, however, in which inferior Courti
are overruled by superior Courts of review, we cannot say as of a mathomatica
proposition, oue is truth, another is error; all that we can say is that there is ai
honest ditlerence of opinion, and that the decision of the Court of review is to b<
decisive, not because it is a demonstration of the truth, but because it has constitu
tional or legislative authority. The numerous cases in appeal formerly to th
Exchequer Chamber, now to the Court of Appeal under the Judicature Act, to th
Judicial Committee of the Privy Council, to the House of Lords in England, and t
the Supreme Court in Canada, and the result of these several appeals, shows th
diversity of opinion which prevails among the most learned and gifted me)i in th
world. I do not profess, with all the care, learning and assiduity I can command, t
be exonpt from the infirmity of liability to error in every one of the thousanda c
contested cases that 1 have decided for now upwards of the seven years that I have loo
Chief Justice of Manitoba; but I do profess that I have striven most anxiously iht
all of my decisions should be right, not according to my notions of equity and riglr
but according to equity and right as laid down and settled in decihions and judgment
made and delivered in courts of authority by the great oracles of the law, and
believe they are.

It seems su])erfluous to mention a self-evident proposition, that in every contcste
action at law or .suit in equity, one or the other of the parties must fail. For tb
sake of judges, I have sometimes felt as if I could wish this was not the ordination (
nature. There seems no way out of the difficulty of the necessity of a contcste
cause being decided for the plaintitf or for the defendant, unless the middle course >
Petrus Stuyvesant, the Dutch Governor, bo adopted, of dismissing the case again
both parties and ordering the constable to pay tho costs. This necessity of decidir
the case in favor of one or the other party, or against one or the other party, has ;
all times subjected courts and judges, more or less to, sometimes, intemperate criticisr
both on the jmrt of lawyers and clients. This iuteinperancc of criticism in a ne
state of society where tho judge is, from circumstances which surround hir
necessarily brought into more immediate converse and contact with the people, isf
more liable to be indulged in to excess than in older and more settled comraunitic
■where the judge is more removed from the multitude, and where the expression
the sentiments and opinions of men are more restrained by an ot.lightened convcrfc
tion and by a proper sense of responsibility.

I do not wish to disguise tho tact that very often both the unsuccessful party ai
his counsel have "in talk outside"— as is almost always in all countries done
spoken complainingly and bometimos censoriously at particular decisions of t
courts. I do not know it lor a fact, but I think it not all unlikely, ^uch has be
done in this Province. This is a practice very coninion, I believe, both in Catia
and in England, immediately alter a decision, arising from disappointment at (l(!foi
but reflection and reason soon dis])lace and remove it. T, like all ot!;er jaJi^es,
suppose, have not been, nor shall ever bo, exempt from this innocent and hariuh
criticism. It is a relief to tho disappointed; it is no injury to the juJge ; it is n s(
of safety v.alve to pent up feelings of irritation.

i have niiidu llieso addiLloiiul remarks to ,show how :iny one may, in a communi
liiicthat we have here, gather up rumors of dis.atistaction at the decision of the jic
or of the court. The decisions referred to in ilio course uf the observations o-i i
several paragraphs of Mr. Clarke's petition, will, to u surprising extent^ illustrt
this point. I

A. 1882

and what is more
nowing — that ihej
themoelves. I an

is insepavablo frotc
ich inferior Courtt
of a mathematica
is that thoro is at
, of review is to b
iiise it has constitu
il formerly to th
icature Act, to th
in England, and t
appeals, shows th
gifted men in th
1 can com mil nd, t
)f the thousands c
irs that I have leo
most anxiously iht
3f equity and righ-
lions and judgmoni
i of the law, and

,t in every contcste
lUSt fail. For th
ot the ordination (
ity of a contcste
ho middle course <
g the ca^c again
ocessity of decidJE
other party, has i
temperate criticisr
criticism in a ne
ch surround hit
ith the people, isf
3tt!ed communitic
; the expros^<ion
,liirhteued convert

successful pat ty ai
all countric-i <l()no
u" decisions of t
ikoly, f-uch has he
eve, both in Cana
pointmcnt at dofoi
all other j'.uliros,
ocont and harmh
le judge ; it is :i 8(

\ay, in a communi
dcci-ion oi'thejjc
observations on i
Qg extent, ilUistrt