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Les diagrammes susvants iilustrent la m6thode. 1 2 3 4 5 6 f'f mms^sf^ \\ tt] MEMORIAL CHARLES DE REINHARD, to accompany his Petition to HIS HONOR THE PRESIDENT of the Province of nn aa w 4S^ 999 w ** Ti ^ HE undersio-ned Advocates, charged with the preparing a Petition to His Ma- jesty s Government for the pardon of Charles De Reinhard, now confined in the Common Gaoi of the Dislrjct of Quebec, for the Murder of Owen Keveny, in the Indian Territories of North-America, have, from the extent and variety of the grounds upon which the case rests^ felt themselves under the necessity of accompanying the succinct Petition of Charles De Keinhard with the following statement— And they indulge a hope that in this statement the necessity which has given rise to it will be apparent, and that if they have ventured to adopt a course somewhat out ot the ordinary road, a sufficient reason for the deviation will be found in the novelty and extraordinary nature of the case which it has become their du- ty to siibinitto the only authority whence this unfortunate man can hope for relief. Tlie misfortune of the prison<>r is to be (raced to (he contest whicli for several yei>rH now last pas( has l;een carried on in the In(iian Territories of North America, hy two vvi^al'hv and powcrlul companies, the North West Cojiipany and the Hudson's Bay Company Of the conduct of either of (he parties in this contest it would be indecorous to say any ihiiiff save in the instances where that conduct has materially affected the Prisoner. "'•'»' K will, however, be readily believed (hat it pave birth to many of the evil passions and nuich ol the party spirit by which contests of such a nature are usually characterized. In the course of (he contesi, it was deemed an object by one of the parties to procure the conviction ot the prisoner a;id of one Archibald M'Lellan, for the murder of Owen Keveny. I 99985 -'•mm ■ppiw 2 To secure the attainment of tUis object, the News-Papers of this Province teemed with inflammatory paragraphs in resjject of the transaction. One of the most powerful feeling's of our nature — the horror of Murder — was called to the aid of the private prosecutor tor the purpose of prejudging the prisoner anJ of depriviiifj him of the lirst right of every hu- man being — the right to an impartial trial — Tlie private |)rosecutor, not less distingiiished by hereditary elevation of rank than by the splendor of his talents, condescended even to give the weight of his name to a Pamphlet, having a direct tendency to deprive this poor unknown, unfortunate prisoner of o fair trial. If the above circumstances are adverted to, it is because there is too much reason to be- lieve that (heir efiect upon the minds of the Jury by which the prisonerwas tried was great; and because without these it is not too much to say, that a reasonable hope might ha\e been entertained that the Prisoner would have found his safety in u verdict of the Country, in- stead of being now a su|)plicaut for the mercy of the Crown. The conviction of }he prisoner resting upon circumstantial evidence and upon his alled"-- ed confessions, it will be the duty of his Advocates to bring together the circumstances sciU- tered over the nmnerous pages of the printed report cf the trial, carefully to distinguish what is certain froni what is doubtful in the Te>tin>ony, severely to scrutinize the contra- dictory statements of witnesses where any exist ; and this done, to point out to the best of their ability the bearings and dependencies of these various circumstances as connected with the question of the innocence or guilt of the prisoner. It will then be for them to examine the alledged confessions of the prisoner, to see how far they contain internal evidence of truth or otherwise and duly to weigh the external circumstances by which their credibility may be eidier enhanced or impaired. In inquiring into the probability, whetlier Owen Kiveny was murdered by the prisoner or by one uf the other two individuals who weve with him at the time when he is alledged to have come to his death ; and, if the last be (he case, whether the act was done with the previous concurrence of the prisoner, it is obviously of primary importance to ascertain the character, as well of the prisoner as of the other two imJividuals, to become acquainted with the previous conduct of the prisoner and of the two other individuals towards (he de- ceased, and of his conduct towards them, and Huaily to estimate with all (he correctness in our power the motives and feelings of (he several actors in this tragical history. The prisonerwas by 0. ih a Tyrolcsc— a country in which assassination is almost un- known— by profession he was a soldier, and had passed much of his life in the lield in the service of his native Sovereign. He had been a J^ieuteuant in a distinguished Regiment of (hat Sovereign, (ho Tyrolcse Chasseurs— and on the disbanding of his Kegiment he enter- ed into (he liridsh service. Accustomed therefore, though he may have b.'en to scenes of bloodshed in the lield, yet in the exercise of a profession, the dangers and horrors of which are embellished by (he honor, the truth and the courage which it calls fnth and nourislns, he never coald have acquired the depravity which marks the character of a Murderer. We accordingly find hiuion theoccasio!i of his first meeting Owen Keveny, and arresting him un- der the Warrant with which he was charged, manifesting the intrepidity of a Soldier, in coolly warning Owen Keve:iy not to use the pistols which he attempted to seize and which i a' * ^^iimmmmmmm B ce teemed witit )werful feelings prosecutor for ;ht of every hu- s distinguished icendi'd even to 'prive this poor h reason to be- Irii'd ivas "reat; night lm\e been le Country, in- pon his alledg- u instances scat- y to distinguish ize the contra- he best of their iiected with the to exHinine the idence of truth credibility may 3y the prisoner he is alledged s done with the :e to ascertain •me ac(|uainted owards the de- ' correctness in My. 1 is almost nn- the field in the 'd Regiment of inenl he enter- en to scenes of )rr()rs of w hicfi and nonrishcs, urderer. We Tsting himun- f a Soldier, in cize and which the next instant might have been directed against the life of De Reinhard himself. We lind him at the same time exhibiting the honor and truth of a Soldier in protecting bis pri- soner from the half-breeds, one of whom was desirous of killing him. The next person who was present when Owen Keveny is stated to have come to his death is Jose, fils de Perdrix Blanche, a native of the forest — a Savage who knew not what Laws were — who had never seen civilized life — A man who, and whose ancestors, had never telt the protection of the Law, and had been taught from his infancy that to kill an enemy by the most tn^acherous means was not only admissible but praise worthy — Lot one olher pe- culiarity of this race of men be adverted to — The extreme secrecy with which they conduct^ their projects of revenge — thai't)wen Keveny was his enemy is apparent from facts stated by more than one of the witnesses on the part of the prosecution. The last person who appears to have been present was Mainville, a half breed — Of a race which to the treachery, the secrecy and the inextinguishable love of re'/ongeof the Savage, adds the energy and fixedness of purpose of the white man — and so marked and universal is this character, that in their own native forests their savage relations designate them by a name implying the happy amalgamation of the moral as well as physical quahties of the red and the white man. It is not pretended by any of the witnesses thattTose, fdsde Perdrix Blanche,had any hand in the killing of Owen Keveny. The inquiry is then reduced to this point — If Owen Keveny was murdered, was he murdered by this honorable Soldier or by the treacherous Mainville — and here the first question which bursts upon the mind of even un- lettered common sense, and which is to give the hue and coloring to all the subsequent facts is, did Charles De Reinlmrd owe any grudge to Owen Keveny ? Charles De Reinhard had seen Owen Keveny but onee previous to their meeting at the Dalles. The life of Owen Keveny was then in his hands — he would have been justified in shootinj 'nm on his attempt- ing to seize the pistols — Yet he did not take the life of Owen Keveny — he did more, he protected him from the half-breed iiulian who was desirous of killing hini. Hardly one short luontli had elapsed before they again met at the Dalles, and if the prisoner is believed guilty it tuusl also be believed that during this month he had, without any assignable cause, vvithniit hpcaking to Owen Keveny, witiiout even seeing him, been mtiliciously changed from tlie jirott'clor of Ou(;n Keveny to his determined Assassin — Looking at these facts wiiieh stand unconiroverled, the inference is plain that Charles De Reinhard bore no malice to Owen Keveny. The second (jucstion is — Had Mainvi'Ie any vindictive feeling to Owen Keveny ? It is believed that it can be clear- ly shewn that he had, and that if Owen Keveny was murdered he was murdered by Main- ville, and without any previous understanding of Mainville's intention on the part of Charles De Reiidiard. A2 •^ "r^r-' •'/■■ VI m On theoeeasion of the arrest of Owen Keveny by Charles De Reinhard, Mainville with several others of the Imlf breeds were present, and it was one of the countrymen and friends of Mainville who attempted to kill Owen Keveny, as an enemy of the nation. It is material to ascertain, whether this sentiment was peculiar to the individnal, or was the common sentiment of the tribe to which Mainville belonged, for the purpose of de- termining the probability of his being influenced by a like sentiment. To do this, it will be necessary to advert to transactions which took place several y-ears anterior to the alledged death of Owen Keveny. In the year 1811, the Right Honorable Thomas Earl of Selkirk obtained, as is well known, a grant- from the Hudson's Bay Company, of a tract of land, comprising, in extent, between 70 and HO millions of acres. This territory was irdiabited by a warlike race of savages, of the vbole and of the half-breed, who derived their subsistence princi- pally from hunting on horseback the butfeloe, with which its extensive plains abound. Of the validity of the grants made by the Hudson Bay Company to the Earl of Selkirk, it does not appear to be necessary here to inquire. AH that will be requisite, is to examine what effect (he course of proceeding, adopted by the Earl of Selkirk under this grant, would b« likely to produce on the minds of these savages. In the subsequent establishment of a Colony within this territory— in the prohibition made by the Earl of Selkirk, of the hunting of the buffaloe therein— in tlie seizure of the provisions of the inhabitants thereof — they saw acts of territorial aggression, of warfare, which seemed to them to justify a resort to arms. These Indigenes, expelled as they saw they would be, from the lands of their fathers, and driven upon the hiintin"- grounds of the more powerful tribes, of the South and the West, there to be extirpated" or obliged to displace their more weak neighbours to the North, and obtain a scanty and' miserable subsistence in regions approaching to the Arctic Zone ; could not look upon the men, by whom all this mischief to their nation was to be effected, in any other light than as enemies of t'.hat nation. If this feeling obtained towards all the adherents of the Earl of Selkirk, it was likely to ist with peculiar force towards Owen Keveny. exist He is described as a man of ardent temper, of high spirit, of great activity: in their language, as a distinguished warrior in the ranks of their enemies. In their langua«'e loo, treachery to an enemy, is wisdom, and the murder of him, a martial exploit. It was these feelings and sentiments which pointed the gun of the half-breed Indian to the breast of Owen Keveny, when he was first arrested. And can it be doubted, but that Mainville, himself a half-breed, participated in the same feelings and sentiments. But if these were the feelings of the savages, on the first arrest, circumstances soon occurred which must have greatly added to their intensity. The Earl of Selkirk,at the head of a large armed force, captured Port William. As the advo- cates of Charles De Reinhard,it is not for us toinquire whether this act wasjuslifiable, or other- Vise. Web n\ hen a H most con^t heiisivr of fubsistcnci nmtry,) host unex] II) I V, as is It I lie head liatter whi This cir Iras determ fie most I meeting wi Fort Willi plies, h;d Jlig its ca| |liodd ove iiad prcced S(|ccessary #>ven Kevi If live pers 111 a place iated byl our duty |) Mo langua ire stated Words wh f taken ca |ave rtnev fert ce to If an ass injuries doi temper of i territories ' |nd subjec aanger of lavages, re the attempi jKeveny \\i proof of a torivity bet' f»Jorth Am -V inville with and t'l iends laal, or was lose of de^ thisj it will he a I (edged I, as is vveH i|)iisifi^, i« y a wui'like :rice princi- lound. Of irk, it does mine what :, would b« prohibition zure of the )f w.arfare, xpeiled as ic hiiiUin"' extirpated, scanty and k upon tiie Ught than IS likely to / : in their ijiiage loo, was these ; breast of Mainville, hese were hich must 8 the advo- , or otlier- nse.WchcrflookRt it only as pffectitig subsequent rventi, and in relation to Owen Ke.eny. Vhen a Report of ihis fvent rejiriivd ll;o \wl at which the prisoner was stationed, the ut- lost con^teniaiion wa» excited. Tlie winter (supplies were stopped — They were appre- iensive of a want of ainmunifinir to hunt, and o! nets to fish. The two only sources f.f |ubsistence for the winter were ilius rut <.fl' A nit-etin^', or council, (as it is named in that Country,) was called for the purpose of detiMinminfi^ iipon what should lie done. In this iiost unexpected and alaniiinj;^ dang-er, instead of callin<^' lojjether the clerks and partners •Illy, as is usual when matters of commercial arrangement are to be settled, tht; j^entlemair It I lie head of that particidar station, called togetlier all tlie persons there, because it was a flatter which might touch the lives of alK This circumstance has furnished the ground-work of an assertion, that at this meeting it is determined, that Owen Keveny shoidd be murdered. But the asserlion is controverted by 16 most positive and direct testnnony. By that testimony we leain, that the result of the leeting was, as might naturally have been expected, a determination to proceed towards i'ort William, for the purpose of ascertaining whether the canoes, with the expected sup- lies, hd passed that pUee, and to obtain fni thf r and more particular intelligence respect- ig its capture. On commencing their journey, they had no reason to ex]M»ct timt they ttiodd overtake the canoe wherein Owen Keveny was. That canoe was a light one, and* lad preceded them by a few days. Accidental circ«imstan(es, however, to which it is not !j|ccessary to advert, brought them on the fourth day of their journey, to the place where #wen Keveny was. The day before they reached this place, they were informed by two if tl>e persons whoaccompanied Owen Keveny, that he had attempted to overset the canoe/ ti a place where, it he had succeeded in the attempt, they must all have perished. It is ated by- (wo of (he witnesses, on the part of the prosecution, t whose credibility it will be kur duty presently to consider,) that th'e half-breeds then threatened to kill Owen Keveny, lo language, however, of this import, came from the mouth of the prisoner. His words re stated to have b?en, " It is I who have taken him : it is I who will take care of him." ^Vords which, from the mouth of a soldier, no one can misunderstand- He had, in fact; f taken care of Owen Keveny," on the first arrest, against the very men who are stated to fjive rtnewed their threats ; and it cannot be doubted, that, in his mind, the words had re- lfere..i.e to the protection which he had previously afforded to Owen Keveny. V If an associate of Mainville thought himself justified in killing Owen Keveny, for the injuries done to his imtion, before the captftre of Port William, what must have been the iemper of mind of Mainville, after that event? The Earl of Selkirk had entered the Indian territories with a large military force, and thus put into jeopardy the existence of his nation, Snd subjected Mainville himself, and all the neighbouring people, to the almost immediate anger of starving ! If to this be added, the peculiar notions of the North American lavages, respecting the treatment of prisoners, and the knowlet'ge which Mainville had of the attempt of Owen Keveny to drown his first keepers ; who can doubt but that, if Owen jKeveny was murdered, it was from the hand of Mainville that he received his death. No- Iproof of any facts, anterior to the alledged death of Owen Keveny, is offered to shew a itorivity between Mainville and De Reinhard Those who know the secrecy with which the f^orth American savage conducts his projects of revenge, will easily believe that Mainville c, did not communicate his dosi};ii to DeRciiihard ; and, that the fust iutiuialion which tlic latter received^ was the report of the gun of M:»iiiville. Whether Owen Keveny, after beiii" wounded by Mainville, was killed hy Charles Dc Reinhard, defending hiinselfa«;ainst a desperate attempt on the part of hiiu, (Owen Keveny,) to seize the sword of Charles l)e Reinhard, and take his life therewith ; whether the wound inflicted by Mainville was evidently mortal, and De Reinhard had (what is not unusual amons^st foreign soldiers) shortened the last agonies, from a mistaken motive of huuumity: whether, in fact, Charles Do Reinhard had ever raised a murderous hand againr.t the life of Owen Keveny, is thus far in the testimony, involved in mystery and uncerlainty. In- deed, it is thus far imcertain, whether Owen Keveny was killed or not. The only source of light upon these important questions — the examination of Jose, tils de Perdrix blanche— has been shut out in a manner which will be hereafter adverted to. For more than a year previous to the trial of Charles De Reinhard, the most extensive circulation had been given to a pamphlet, containing the direct assertion, that M'Lellan had said to De Keiuhard, *' Make the prisoner believe that he is going to Lac La Pluie. He must not be put to death ♦' amongst the Indians. We will go on further, and wait for you ; and when you find a *' favorable spot, you know what you have »o do, (vous savez ce que vous avez d Jaire ! J and that Keveny had been killed by De Reinhard in consequence of orders given by M'Lellan. In support of this assertion, not one witness has been produced on the part of (he pro- secution. Rut the matter rests not here. Subsequently to the conviction of De Keinh-ird, Archibald M'Lellan was put upon his trial, as accessary to the murder of Owen Keveny, before and after the fact. A long and patient invest igafion of six days was instituted, and the Jury, by their verdict of acquittal, directly falsitied die above assertion. To presume, then, that Charles De Reinhard knew the intention of Mainville, is to pre- sume guilt without evidence. The next branch of evidence in this case, appears to arise out of the fact which intervened between the alledged killing of Owen Keveny and the arrest of the prisoner at Lac de la Pluie, by Captain D'Orsonnens, The third and last branch of the evidence, will he found in the facts uhiih occdrred (hiring the time which elapsed from the arrest of De Rcinhar.l, to the prcfcn iii;' ol a I>ill of In- dictment against him and divers others, in h's lMajosi\*s Court of Kinj^s iJench, for ilic District of Montreal. Upon these two branches, it will be the duty of the advocates of the Pii'^oiier to submit some observations equally applicable to boih ; and connected with the (|uesti()ns of llic credit due to both ; and from which ttiey will leave the inference to be diawii, as to llic iiinutcnce or ffuilt of Charles De Reinhard. These observations will apply to the credibility of Hubert Faille, Jean Bapiiste Lopointc and Captain D'Orsonnens; as also to the creiiil due to the alledged conl'essions of the Prisoner a( l^nd Jian I I i The car ' ngeis, ar iroceeiled liot IS hei io-.' ;h stil Keveny. ♦ told him, lljapointe t f it it wei I for it." f In these Fiivt, the irst sight, But an t^hether p I all, is o ith its al living lit %1-dict of Mut where 4n assert i( *| (says th I The de f' rangely murder( ¥ receive dictate an And who worth, fo lire oHcre lib at the s expressioi ihurtened killed Ow Inanity to The n( fvas spok largest sli the wcigl ition uliuli tlic l)y Cliuilcs Dc Jweii Kcveny,) ther the vvouiid is not uiiusiiai e of humanity; a""ainr,t the life cerlaitity. In- he only source drix blanche — }i'e than a year liad been given ) De Keinhard, be put to death hen you find a avez a Jaire !J rders given h) art of (he pro- I De Keinhiird, Owen Keveny, instituted, and ville, is to pre- hicli inlorvencd lei' at Lac dc la )CC(irrc(i (hiring >i a l'>iil of In- HcMicl), ior ilic soiu.T to suhiiiil JUS of ilio credit lie iiinutcDcc or pliste Lopointf ifcssious of the r ,riMoner after his arrest at Lac La Ph.ie. For ti.e present, the testimony of Hubert Faille ,nd Jian Bapliste Lapointe, will betaken as uninipeached. 1 The canoe wherein M Leilan wa^. having more than its ^dl complement of menancl piii- ienVcfs an<.d.cr .malUr canoe hav.ni? been provided lor Keveny and h.s keeper.. ML. Ian We.lVd on hiH route lo Lac la Fh.ie. Some ti.m- afte.- the.r s.oppm"- ior the n:ghl. a Imt IS iieaid, and soon after the small canoe arrives, not having; in it keveny. De Rem. P 's sf.ted on his arrival, to have said. - It is a ..rvice that 1 have rendered to that man Ivevenv." 'Oe II. inhard, accordui-to Faille, "forbade them (o speak of the business and r lold^ m if met by the people of L.rd Sc-lkirk, not to speak ot the death <.f Keveny. 1 inc.inte adds f. at De Ueinluird loid him not lo speak of the muruer ot Keveny. and that I ifit weJe taikeu of, it would not be him, but we, (the other8.^ who would be punished I for il." I In these expressions two things are to be observed, as militating against the prisoner. Fiivt the inimiclion of secrecy as to ih. transaction ; and next, a declaial.on which, at ths irst Jight. looks like au avowal of his having been the perpetrator of the deed. Bnt an iniunctioii of secrecy, as to an alledgod criminal act, made by an accused person, rheiher previous or suhseqn.nt to the formal accusation, if it constitutes any presumption It" Vdl.'is one of the wcakeslkind IMie toeing subjeeled to a prosecution for ajj^P'^"" offf';'^;^^ Ml nil. 19 one oi me vytmvtni. iMiivi • i-^ > '-••■o — j r ."" ; ' i " i i u %ith ts attendant evils-imprisonment previous to trial, the anxiety necessarily produced by iavino- life put in jeopardy, and the slain left ;.pmi character, rarely restored even by a |cidit"t of a'cniittal-are ample motives for an innocent man to make such injunctions, lut where, as in .he present instance, it i^. accompanied with a dec aration amounting to 4n assertion of innocince. surely no weight can be attributed to it : " If it is talked of. % (says the prisoner,) it will not be me, but you who will be punished. \ The declaration, " It is a service what I have rendered to that man, Keveny," niust be iraiiKelv construed, if it be understood to mean, " I have treacherously and in co d blood I murdered Owen Keveny, my prisoner, and if his mouth were not closed in death, I should I Tceive from him his thanks." It were painful to beheve, .hat the feeling which could iictale an expression of such jeering atrocity, were to be found in the breast of any man. And who is ihc man to whom this feeling is imputed ? One, ot whose humanity and moral worth for a lonjr period anteiior to these occurrences, the most unequivocal tes inrionials lire offered. But we are not driven lo the necessity ot believing a miracle ; ot believiiig that the spirit of a fiend had taken possession of the body of Charles De Heinhard. J he expression is perfectly consistent with his having, from a mistaken motive of humanity, ghortened the last a-onies of Owen Keveny. It is consistent with his having, in self-defence killed Owen Keveny. Nav. it is consistent with his having rendered the l"st ofl.ces ot hu- iianity to Owen Keveny, snlleiing from the mortal wound which Mainville had inllicled. : The next facts stated by the witnesses ne, tha* a partition of the effects of Owen Keveny #a8 spoken of by the prUoner ; that they were retained by him; and that he claimed the Cr-esr share, saying " U is 1 who have killed him. &c " It will be necessary to examine Ihe^vei'hl which ea\'h of these facts has- And first, of the approprialion ot the goods of I Owen Kcveny. This, if (rue, was undoubtedly a criminal offence; but a crminal oflencel of ft nature altoj>;etlier different, whether looked at in a moral or legal point « f view, frorna that wherewith the prisoner was charf?(?d, and of which he is convicted It made of him aiij^ accessary to the rnurder of Owen Kevetiy, after the fact — Mainvilb was alone liable toi expiate by his blood, the blood of Owen Keveny. The prisoner, as his offence wac less, so^ also would have been the punishment inflicted by the law. And it perhaps will he thought,' that three years intprisonment is a sufficient punishment fur the offence, if it were committed. Next, as to the declaration, '• I an entitled to the largest share, &c." No principle is better established, than that a confession made under the hope of a reward, or the fear of loss, is not entitled to credit. Now this confession, if made, had for its immediate motive, the hope of reward. The prisoner claimed, it is said, a larger share of the g(»od9 of Owen Keveny than the others ; and supported this claim by asserting, that it was he who killed Owen Keveny. Without this assertion his claim would have been immediately rejetttd, It was then made with a viev/ to obtain reward ; and that reward was the principal share of Owen Keveny 's goods. Aga'i, if a confession so obtained, could be taken as evidence that the prisoner had killed Owen Keveny, it affords no light as to the manner of the killing. But upon this depends the innocence or guilt of the prisoner. The prisoner continued his route to his usual residence. Lake LaPluie; and (here appears to have been nothing in his deportment, or languagi-, or conduct, to induce a beliff that he thought he had been guilty of any crime. And this Icrds us to the third and last branch of the evidence. Many days before thealledged death of Owen Keveny, it was known to the ])risoner that the Earl of Selkirk had entered ihe Indian territories, at the head of a military force, had captured Port William, and had arrested the Honourable Wdliam M'Gillivray, aiul the other partners found there, and had sent them prisoners to Montreal. The partners and servants of thfi North West Com|)any, were uniformly represented as rebels and umrderers. Soon after. Captain D'Orsonnens, who had ser\eil in the same roginient with the prisoner, being then at Fort William, sent forward one Noiin and one M'i)onald to Lac La Pluie, with orders to detain the prisoner. They carried with ihem also, a note from Captain D'Ors^on- nens to the prisoner, requesting or ordering the prisoner to wait the arrival of Captain D'Orsonnens. After the receipt of this noto, NoIin saw De Reinhard walkiiuj;- in the room, who said lie was much surprised that Captain D'Ors(»iinens wanted hiai lo give information ai)out tli • Ued River. Captain l")'()rs()nnens an ivcd tliree or tour hours at'ierwards, and hewaikid with the prisoner out of doors. Captain h'Orsoiimns wore, at this ttmo, an old military grey great-coat, and had his sword by his side. The force conimanded by Captain D'Or- sonnens consisted of seventeen di-^-harged soliJii js, (.f the regiments (Jlen-iary, iMcoron and Watteville; and eiglite<^n Cana^iinii voy;t{;eins. The scldicrs, it is ailinilted, were armed, IkuI caiino!', and were encamped in siulii ot the Cort uiiicli Captain D'Oisoiinens had just entered. A confession is alledgcd to liavt; been nuule, uikIim' these n)ost peculiar circumstances bvtheprisoi'.er toCapt. D'Orsopneii'sandi liie absence of every other person, Asthesubsc- jrinentconfes.sionsof the prisoner arc but coi, sequences of this fir&t confession, and but a conti- I nuance of jrial to use pvas unde [from any [long his ( la foreign [purlizan Under to beguil ^ conciliati conlinem 4 the powe Accordin days aftei " M'Don «* Mctifs " resolve '* killed, **■ a canoi '" who h: I" Being " ' go on I %'■■ D- Rei 1*' gun, ai ;?»' not Jiv y' and, ac •' thnt he " should " {hue b i" Red H «' Mr. M The g broad da *|jthe powt * this deet sitting a iii)prc')a his mast or any o these sts ' falsehoo aooveol has beet hasty pe ■4 :j3*r"':ia2^t: m^. 'minal offence « f view, from lade of hiin an lone liable to ce wac less, so ill be thought, ere committed, S^o principle is or the fear of ledinte motive, ;(»od9 of Owen he who killed alely rejected. }rinc'ipal himrc en as evider.ce of the killing;. I (here appears I belief that he I last branch of p j)rlsoner that ary force, had , ami the other s and servants derers. Soon )risnner, beiiig Ui Phiie, with )tain D'Oriion- iii of Captain II, who said he lion about the and he waiktd iM old military "t»j)tain l)Or- , iNJeuron and I were armed, mens had just circumstances As the subsc- ndbutaconti'- Vnu«neeofllu.cour.cM.fconductwhiehll.opmone^thendeternm.cdtoadopM ': rial to ascertain whatde-rceof credit is dueto tins conless.on. At the lim^ -.» '"^"^^ '^^ was under illeijal :Umv.8^1.o wa. in the hanJ. of the cnem.es ot '''^ '''-V u ' '' m ^ ^ l^om n^ CmA wherein redress co.' 1 be souj,ht-the man who addr^ ed h m had bee. I onyhis^ttircr a.d possessed, therelore, an habitual asce:uianeyovY »^"r-'»'^i^f "^.^ la foreign othcer. unacquainted with the Ciinnnal Code of Lngland, and a most zea«oua fparlizan of the enemies of the masters ot tae prisoner. I Under these circumstances, it was to be expected that the prisoner might a.lmit him^f to be guilty, but would throw the whoU, blame of l\v^ transaction on h.s maste s thereby i concillt ng his enemies, securing the protection of bis old officer, and trec.ng ,1 nn elt from -conlineme^it. Not being expected t.> swear to h.s con ess.o.. he r"''^^^^ '^^^^^ the power, so soon as he found himself i-.nder the protect.o., ot the Law to tel the truth Accoidinc V the prisoner is statc.l, bv Captain D'Orsonnens to have told h.m that, some "davs vftS t • Kevenv, "a Council was held, at which w-M-e present Mr. Alexander 'l^Donell. Mr.Vrdubald M'L.ellan, Joseph Cadotte. Cuthbert G..aut and seve.a! other .' Mctl/s ; that he. Do lleinhard, was p.-esenl, (..ot as one of the C^"""^ ) ' ;"'^ J^^f '^ \^'. « resolved that Kcvcny was a .na.. of too gi'eat co.iscquence and that he ought to ni. '^ k led, but not the.-e'among the Indians ,^nd that he had. -^.-"-J^-^;J^^I^^^^; h'^ <- a ca..oe to Lake La Pluie. That by dint ot the sol.c.tat.ons ot ^ J.^" ' ^^ K^ '• who had co..sc..ted to kill hi.n, he (De Heu.luu'd) agreed to see that ^I;'";7 f^ fj "Being come to a place called the Dalles, '" t »« if'^^r >Vmmp.c, Keve.Y eq^^^^^^^^ ' go 0,7 shore, which De Reinhard granted, and wljeu Keve-j ^'^.k.Iv T" harmed ho • D. Reinhard. said that it was the proper time.-Ma.nv.le ''''."^^'••f '.y^;'/^^^^^^^^^ - gun,and>vou,.dedhim in the neck ; when as an act o h"'"'^"'^'. • f,TS/*^« ^^^^"'^ •' not live be ran his swoi'd twice through h.s body to prevent h.m from s .ttcr.ng , ■ " Td accor h.o to all he !md heard fro.n "his mastc.s (bourgeotsj he was .n the bel.ef ^' tN( h^wo if have done a .neritorious act even had he killed In.n h..nscU and that he |.. Mihl have do..e the same to a..y othe. J,.glishman ; ha^ .ng •;[ ^ -'-^ f E'l^irfof " time befoi-e heard (he l..dia..s solicited to make war on the colo.i.sl^ and the li.ngl.6h ot -' R"L'iver,\vhom he co.isidered as enen.ics to Gove.n...ent, from the representatums of I" Mr. M'Leod." ' ; The <■ reat in.probability that to., or fifteo.. n.e.. should meet together, and d^termii.e i.i ibroa 1 dav-li- ht. to do a deed of da.knes. like (his, must at .-nee be appa.ent A.jd vvhat are tl o' oweduT M lieitation. to which be y.ekis. wh.n he conseiits to be preset at the domg of i ^^ d cd ' To the soliei(alio.>s of Abiinville, the half-breed Indian, a man, by a^^ocanng m •Sti. at ihe sa.ne (able with whon. he would have been disgraced. To surpass eve., these ^"c ^lillues he is .nade to say, that he, a Christian, thought, f^^^^ ^ ,^-^^^- his .nasters llmt be would have done a meritor.ous act even .t he had hn.ise t killed Kevcny, oran;t::;-Euglishman. Let not, howeve.^ the prisoner be thought hard^j>l^^^^^^^^^ these statements^ If there be any circumstances wh.ch tan just.ty o- pall.ate the ellin a laTsehood surely they a.'e thecircun.stauces by which ;he pr.sone. was surrounded. The aoov otVrvatio'nsare^nadouponth^ has been in no degree discoloured, even involuntarily, by the party-sp.r.t by which the most hasty perusal shows that he was actuated. B LJL L-' 10 The next confession is stated to have been made to one Jacob Vitchie. The prisoner is here stated to confess, thathe conmiitted the murder at the soliciiation of Mr. M'LcIlan, and " that he believed he should be received as King's evidence ; that ho had confessed the whole " to Captain D'tlrsnnuens ; and that he was <;oing to do the same (o my Lord Selkirk, hoping *' to be re( eivcd as King's evidence ; but that he did not say, that he had any conversation " with Captain L Orsonnens, relative to such expectation." Now, Mr. M'Lellan has been put upon his trial, as accessary to the murder of Owen Keveny, bcl'ore the fact; and has been found innocent. This statem<Mit, then, was also nntrue. The reason for the making of it is obvious. Mr. M'Lellan was a partner in the North West Company. It would appear, also, from what is stated respeeting the intention of the prisoner to become Kind's evidence, that the love of life had whispered him, that innocence might not be a sufficient protection from the formidable power which was awfanared against him: and that he could find safety only in transferring- the crime to another inno- cent man. If this idea did pass throngh his mind, let him be forgiven lor it : When restored to the protection of the law he never acted upon it. The observations made npon the confession to Captain D'Orso'inens and the last men- tioned confession, apply eqnally to that stated to have been made to Mr. Miles M'Douald who, heretofore, acted as Governor to a settlement of the Earl of Selkirk. The next confession is the written confession staled to have been made by the prisoner to the Earl of Selkirk. After the arrival of the prisoner at Fort William, he was kept in close confinement for ten days, and at the end of that time he was brouglu before the Earl of Selkirk, when he delivered to him a written paper, which is called his confession ; after delivering this pa- per the prisoner was liberated, and when the Commissioners went into the Indian Country he was found at Drmnmond's Island, a place not more than a few miles from the Ameri- can lines, under the surveillance ot one man. He had resided at Drummond's Island six months previous thereto^ and had not attempted to make his escape although it would not have jcen difficult. Curiosity is naturally excited respectiug this paper, and we expect to find in it some expla- nation of the conduct of the prisoner, so clear and satisfactory as to junilify, nay require that the severity of his confinement should be mitigated. M'Done It not therein said that the murder of Owen Keveny had been determined uposj in Coun- cil at Bas de la Riviere, as was said to Captain D'Orsonnens and to Mr. M'Douell. It is not therein said that the prisoner was solicited to do this act by Mr. M'Lellan, as it is stated by II IP prisoner is I'Lcllan, and !ed the whole Ikirk, hoping conversation (ler of Owen hen, was also lartncr in the the intention red him, thut wasawftmared another imio- )r it : When ^m he last nien- es M' Don a Id he prisoner to infinement for elkirk, when cring' this pa- idian Country 11 the Aneri- nond's Island 2 although it t some expla- nay require of matters rc- . Tiiesewill coniparini»" it ^itclue and to ipoi) in Coun- meil. It is not it is stated l^y Vitchie was said to him. It is not said that any communication whatever respecting llie killing of Kevrnv took place between tlie risoner of the one partand sl'Lellan and Main- V e of the othei- ,.a t. It is thercni said that the Indian Jooe fils de Perdnx Hlanche. told theprisorer. when, thev came caim up lo Keveny's tent - make the prisoner believe he is - roinn- to [.ake La ph.ie. We cannot kill him amon- the Savages-VVe will wait for you m •- farther on and when yon come to a suitable place you know what you have to do. Yet it 11 is in evidence that the Indian could not speak the lunguai?e of any civilized country and the 1 prisoner had not been long enough in the country to iearn the Indian tongue. These are the differences between this confession and the previous confessions. The • points in which it resembles the other confessions-are first, in the absence of the expres- # sion of any ill will or cause of ill will on the part of the prisoner towards Owen Keveny— % and secondly, in designating Alainville as the murderer of Owen Iseveny. S To these circumstances let it be added, that the Magistrate, by whom the confession was received, was not produced upon the trial; so that had there existed any motives of hope or of fear, it was out of the power of the prisoner to prove them by his testimony. But he has proved such motives, by evidence of a higher nature. Testimony respecting spoken words, is liable to nuuh inaccuracy, arising from imperfect observation m the hrst instance from the frailty v\ human nitniorv ; and above all, from the uivoluntary blendnig. of the passions and feelings and opinicms of the narrator with the words and deeds of the [actors and unconsciously transfcrrinsi to the scene winch he intends faithfully to ponrtray, 1 shades', not taken from reality, but copied from the illusions of his own mind. But there is ; evidence of a hiaher nature ; evidence arising out of facts and circumstances, which are too plain and distinct to be misconceived, or unintentionally misrepresented, and too sinking to be easily lor-otten. Much light is thrown upon this part of the subject by evidence of the last description. In the admission of De Reinhaid to the table of Captain D'Orsonnens, after he had confessed himself guilty of a murder— In the seventy of his confinement by the Karl of Selkirk, previous to his confession— in (he relaxation of that seventy, after the con- fession—in the freedom he enjoyed during his residence at Drummond's Island— in the unre- Icntingaccusatorial sprit with which the prosecution was urged forward, after the pnsoner had ' retracted his alledged confessions— we see strong reason to conjecture, that hopes were held ' out in some way or other, of favorable treatment to the prisoner, in the event of his making a confession. And the view which the prisoner appears to have taken of the subject, when the confession was made, seems to have been correct, for his hopes were realized. No evidence was oflered on the tiial, of the actual death of Owen Keveny ; and although circnmstautiid evidence, but circunistairial evidence, of the most unccjuivocal nature, of the death, may be received hv necessity, and when the want of positive evidence arises from the nature of the case itself ;*^ yet it is respeclfully vpiestioned, whether this can he done when the alledged necessity arises out of the act <i("t!ie private prosecutor, and may at any tune be removcd^by the entering of a noli prosequi, on the part of the Crown. The prisoner was conveyed by the authority of Government from Drummond's Island to Montreal for trial. The Indian Jose, fils tie la Teidrix Blanche, was also conveyed thither. V'' A ^SnS^S- ''W- m 11 «1 13 A Bill was, however, preferred as well against the prisoner as against the Indian. The latter effected his escape, and the prisoner was deprived -of the benefit of cross examining him in open Court, and establishing by him that MainviUe was the murderer of Owen Ke- veny. Some few observations on the credibility of the two principal witnesses on the part of the prosecution, Hubert Faille and Jean Lapointe, will close the case. These men were both to a certain degree implicated in the transactions in question. They were both taken before the Earl of Selkirk as prisoners, and were discharged by him in order to become witnesses. Their examination on oath, was taken ea^parte 1 hey could not recede from any thing said in those examinations, though inconsistent with truth, without iacurring the pains and penalties of perjury. And upon examining the depositions of both, a variety of ^contradictions will be found in them. The undersigned advocates do notfeelit proper to submit any observations upon the va- rious points of law, urged for the prisoner after his conviction. With respect to those matters, they had an opportunity of being heard before the Court, and the arguments on both sides are to be found in the printed Report of the Trial. As to matters of fact, a well known rule of law prevented them from being heard. It is to supply this, that they have deemed it necessary to submit the preceding observations; and if^in the course of them any errors have been fallen into, they venture to hope, that some portion of the indulgence which is freely allowed to a prisoner under scnt.-nce ot death, addressing his Sovereign for mercy, will be granted to themselves. <}. FANFELSON, A. STUART, VALLIERES DE ST, REAL ian. The examining Owen Ke- part of the tion. They hy him in "■hey could th, without )e found in pen the va- ;ct to those ^umenls on ?ar(1 It is servations ; hope, that ce of death. RE J J.