QNADA NATIONAL LIBRARY BIBLIOTHEQUE NATIONALE <>> H I STORY OF THK MONTREAL PRISON KROM A. D. 1784 TO A.D. 1556 CUMAIN1N<; A Complete Recofil of Ihe Troubles of 1fl3/-li3B, Surning of llie Parllamenl Boiliiings, in 1849. THE ST. ALBAN'S RAIDERS, 1864. THE TWO FENIAN RAIDS OF 1866 AND 1870. AND A Chronolo'^ical Digest of all the principal events for the past hundred years. Valuable statistical tables from the Police and Recorder s Courts. Cu ions Proclamations, Warrants and other docu- ments ncier before printed, relating to the Patriots of '37, and the administration of justice from the commenccvtent of the Courts in 17 84. Willi descriptions of Brasdmsioii tbe hand, standing on tbe Pillory, tlie Stocks, wmpping, &c. REV'D J. DOUGLAS BORTHWICK IWi'.NI V YKAK> (11 Al'l AIN tliilliot v-ij '*v?i)ctopa6ui -^f ."Vijtoiil ^ini'' v:^,v-o.j:viplii|, 'vHi-l.^: ij ..-^f J>v.otli,>l'i *vok'sa book, altliough there's nothing in't." However the Author hopes there may be something in this bock to amuse as well as to instruct, to sj^eak faithfully as well as historically and there^re he now makes his Editorial bow and retires from the prefatory stage and brings on his panorama of faces and of facts and of deeds, almost, and in a number ol' instances completely forirotten. J. DOUGLAS BORTIIWICK. Hcjchelaga, January, iS86, W S. — A great amount of the iniornuition which is here given of those persons who figured cons])icuously in the Troubles ol' 1837-H, has been taken from the Author's o\\\\ publication of " Montreal its History and Biographi<'a» Sl'-Uches '", and the items were either fur- nished directly to him, by the individuals themselves, or their immediate family, in manuscrii>t for the same ]>ook, or culled from Biograj^hies by Mr. L. O. David. He ther«;fore feels that many items in this interesting j)eriod will see the puldic light for the first time, as the above volum«^ had a select and limited edition, of only 200 copies, and is n,. 1784 to A. D. 1810.— Extracts from the Record of Court of King'B Bench from A. D. 1802 when it began to A. D. 1803, and from A. D. 1812 to 1886. NOTK Notwithstanding all the care bestowed in the correction of the proofs by the Author a few typographical errors have crept into the work after it left his hands for which he now craves the indulgence «f his readers. They are easily noticed as in Page 3S Contents, for Girard read Girord. " 50 2nd last line, for bailde read bailed. " 104 last line, for mentionned read mentioned. *^ 173 2nd line, for gieve read give. " " 7th line, for O'Callaher read (JCalla^n. " 232 13th line, for not be illtreated read be illtreated- ^' 234 4th line, for 1876 rcorf 1786. 27th line, for appered read appeared. 20th line, for larcery read larceny- 173 u 232 234 235 256 HISTORY OP THE MONTREAL PRISON CHAPTER I. eJemarks on Crime. — Extract from Richard Ilooicer. — English punish- ments.— Punishments in old Montreal. — Present punishments now in vogue. — Description of Branding on the Hand. — The Pillory. —The Stocks.- -Cat-of-nine-tails — Sir J. Mcintosh's ifuotation. " The quality of Mebcv is not strained, etc, " Shakespeare. When we look back on what was the condition of Prison life at the commencement of this century and when Mr8. Fry and other Philanthropists endeavored to ameliorate the wretched state of those who were confined in Gaols and Penitentiaries — and now look at the condition of all such places of punishment and reformation — the difference is indeed wonderful. And when we come to our own city of Montreal and take the statistics of crime and immorality for many years past we see the sure decrease of all such crimes from the «fr>rts of the various Christian and Benevolent Asso- ciations of w^hich our city is justly so proud. Yet nevertheless in this age of Christian philanthropy I doubt not but that harsh measures should be some- times adopted for those who are utterly abandoned, if such really can be found. For certain crimes agaiugt HISrOKY OF THE the person severe treatment should be administered, as in desperate deseases,desperate measures are resorted to by the Physician — thus in crime — flagrant and dis- gusiing offences against morality and decency should be so treated that the delinquents would remember for all time to come that reapplication of such punish- ment would inevitably follow the commission of that crime for which they formerly underwent it. But, still the sage words of " Richard Hooker" must be applicable not only to prisons and their inmates but to all places where large bodies of men and women are found under constituted authority. " The time will come when a few words spoken in Meekness and Humility and Love, shall be more acceptable than volumes of controversy which commonly destroy Char- ity the very best part of True Religion. " We all know that the prevention of crime is a result for which no true lover of his country would deem any effort too great, or any sacrifice too costly. And many noble men and women have worked all their lives for its decrease. Rapid indeed are the strides which Christian Charity has made within this century. Yet all will be in vain if prisoners are not fully employed both mentally and physically in useful avoc- ations whilst undergoing their sentences. In England there are two punishments in vogue. The treadmill and solitary confinement. During the first thirty or thirty-five years of this century, in Mont- real, the punishments were Branding on the Hand^ Standing in and on the Pillory, Whipping or Lashing, Hanging and the minor means of carrying out the law. Jn the present rules and regulations, the punishments MONTREAL PRISON 2irQfor breaches of prison discipline ; 1st The hard bed " with proper covering " for an indefinite time ; 2nd Bread and water for a period of not more than five conse- cutive days ; 3rd The dark cell and 4tli The chain. These punishments as we have said are for refrac- tory and disobedient prisoners in the jail, but are never resorted to as such, by the judges of the Court of Queen's Bench m their criminal sentences. Thosg two,ot the first part of this century, viz : Branding and Pillory, have passed away, and Hanging, for Forgery, Burglary, Larceny, Uttering base coin and such like, by the troubles of 1837-38, have been abrogated for other punishments and capital execution alone is awarded now for the crime of Murder and in some instances. High Treason, as during the troubles of 1837-38 and the recent uprising in the North West. Branding v as an inhuman act, unworthy of a Christ- ian country and whether as still kept up in the British Army for desertion.or resorted to in prisons, was and is a brutal act. In these olden times Branding on the hand was given by the judges, as a punishment. Let us for a moment see what this branding consists of. The prisoner is brought into the dock from his cell in the jail, made firm by an iron hand at the back of the dock, the palm part being open, the red hot iron, sometimes ending either in a crown or some other device, is held ready by the Common Hangman and the punishment is inflicted in the centre of the hand. On the 24th August 1826, a man of the name of/. Bou- chard, for " murder " was reprieved from being hanged, to a certain period'in jail with hard labor, and as the sentence reads, ** to be also burned in the hand. " The HISTORY Of THE instrument is ready and the prisoner is informed that tha moment it touches his flesh, he can repeat as fast as he can these words in French Vive le Roi, three times and at the end of the third repetition the punishment would cease — or similar words God save the King if an English prisoner — Even in the short space of time equivalent to saying thrice these few words, the red hot iron has hissed into the flesh and made such an indelible mark that all the waters of the deep Atlantic could not efface it. In the Military Branding, as has been done in the Montreal Jail, the prisoner was stamped on the breast or shoulder with either a D for deserter or with D and B C for deserter and bad conduct. The Pillory was a senseless and useless punishment and men of no great age in Montreal still remember the punishment of the pillory and many old drawings both in England and Canada show the peculiarity of it. It consisted of a frame of wood erected on posts* with moveable boards and holes, through which holes were put the head and hands of the criminal for punishment, the whole turning on a pivot and in a circle, hence we read afterwards of the sentence in the case of one F. Fournel "passing bad half French Crowns"— Dec. 1829 — where he is condemned to •' stand in and upon the pillory during one hour," The punishment of the pillory was inflicted in the Market Place and in later times it was carried out at the base of Nelson's Monument, the culprit facing the River and Market. The Common Hangman attended to pillory punishments and with a whip in his hand MONTREAL PRISON when the wretch wheeled round to face the Monu- ment and save himself from the shower of rotten eggs and perhaps mud, the hangman used his whip, and made the culprit wheel round on the moveable pivot of the pillory. After an hour of standing in the con- strained position of the pillory, sometimes the effect was disastrous and people suffered long afterwards from its effects. The hangman had free quarters in the jail and attended to Hanging, Pillory and Whipping punish- ments which were all frequent in those days. The pillory was different from the stocks. We read of the Apostle St. Paul and his companion Silas in the- Jail of Philippi having their feet made fast in the stocks ; also King David says of Joseph " whose feet they hurt in the stocks." This instrument does not exactly figure in the annals of Montreal. It con- sisted of a machine of two pieces of timber with cut- out half circular holes in t^ach board which when brought to stand one upon the other, narrowise, formed two complete holes into which the ankles of prisoners were placed so that locomotion was ^impossible. Its substitute is seen in the jail and consists of a strong staple driven into the wall of the dark cell and a chain attached to the ring, which, fastened to the prisoners ankles prevents him moving about or trying to escape. These are the different modes of punishment. The "cat-of-nine-tails" need not be described as all know what it is and if it were applied now more plentifully in the cases of wifebeating,criminal assaults on females highway robbery and garotting, these frequent cases, which come under our notice at the present day, would altogether cease or become fewer and fewer. 6 HISTORY 01 THE. It will be soen in every punishment of whipping that the invarial le number of stripes was 39, This w^as the Jewish number, as we find in the life of the great Apostle St-Paul, when he enumerates all his troubles and trials w^hich he had undergone for the cause of his Master, In his 2nd Epistle to the Corinthians, he tells us in verse 24th " of the Jews five times receiv^ed I forty stripes save one," that is he was five times whipped receiving each time 89 lashes, the number ordered by the Mosaic law. This seems to have been the law in Montreal, and by looking at the different crimes for which this number was always administered, we come to the conclusion that a smaller crime received the same amount as one more flagrant Those who were whipped were tied to the cannon we now see at Nelson's Monument and received their "cat'' in the sight of all the people. Another punishment which was sometimes resorted to, for "Petty Larceny," was, when standing the prisoner in the Pillory for an hour, to have for quarter of the time either at the first or last of the hour,or before he was whipped, if that was his punishment, a placard put on his breast and in large letters the words " Stealing " printed thereon, so that every one who came up to see the punishment could know the crime. Every one will acknowledge that the office of a Gaol Chaplain is a responsible and important one. Who hears such confessions like what he hears, who sees crime of every hue as he does. His duties bring him there continually to have presented before him the dark side of human nature. He has, when visit- ing the prisoner, to move in an atmosphere of crime. MONTREAL Pt\uie, another prominent rebel the chief of that district, is a man of about thirty five r years of age, and a member of the Provincial Parlia- ment. He is, howevei, a man of little ability, and still less personal courage, strength of mind, or fitness io head any parly ^whatever — but is a fit associate for those with whom^he has connected himself. Another far more talented individual is Mr. Shore Milne Bouchette. He is the son of the Surveyor- General, and a young man of not more than twenty- five years of age, of courteous and distinguished man- ners and address. If it may be termed distinguishing himself in such a cause, he did so; for he fought MONTREAL PRISON 63 bravely at Missisquoi Bay, and was taken, after being severely wounded — and his unhappy late may be terminated before his career had well bea;un. He ip now in the prison of Montreal ; and it is to be regretted that one so promising should have been betrayed into his present difficulties under promises of great prefer- ment and reward. GiROUARD is well known from his height, which is above six feet. He is also of dark complexion, with jet-black hair and eyes. This leader is by profession a notary, and has always been known as a thorough Re- volutionist at heart. Since his deconifiture at Grand Brule he has been taken by Mr. Simpson, the Collector of Customs at Coteiu du Lac — who is step-father to Mr. Roebuck, although entirely differing from him in poli- tical opinions. M. DuMoucHEL, of St. Benoit, or Grand Brule, is also one of the principal promoters of the rebellion, which is the more to be regretted as he can boast of more than sixty years of age, many of wnich he has passed in the bosom of his family, and surrounded by the most peace- ful peasantry in the world. He has also been rich in fortune and prosperity, both of which have hitherto been deserved as amassed by his own labours and hon- est exertions. Alas ! that his overwrought Republican opinions should, at the close of a long life, have led him to commit those offences against the law of his country, which must terminate in his own ruin, and the sacrifice of his valuable property. GiROD, frequently confounded with and mistaken for Girouard, was a Swiss. He went to Canada about six 64 HISTORY OF THE years ago as an adventurer, thrust himself upon the notice of the Government as having imported into the province a new system of agriculture peculiarly adapted to the Canadian farmer, and requesting assistance to carry his plan into effect ; but not meeting with the encouragement he anticipated, he conceived he might turn his talents to more advantage by joining the re- bels ; and being unsuccessful with them at Grand Brule, the retreated to Poiute au Tremble, where he put an end to his republican schemes and adventures by blowing out his brains. The British settlers at this part of the Montreal dis- trict had, from the commencement of the revplt, been so persecuted and annoyed by the Canadians, nay, even driven from their homes, and that during the most in- clement season of the year, that it is not surprising, when they found themselves in a position to retaliate, they should have inflicted on the inhabitants of " St. Eustache " and " Grand Brule " that severe dogree of retributive vengeance which they experienced from the hands of the loyalists, but which the Queen's troops (to whom have been falsely attributed those acts of seve- rity) endeavoured, with their wonted forbearance, to prevent. True it is that the small force under the orders of Colonel Wetherall, at the battle of St. Charles on the Chambly River, were directed by that gallant officer to follow up their successes by those decisive and rigo- rous measures which dictated the necessity of des- troying the property of the principal traitors in that quarter ; but when we consider the very critical situa- tion of that brave and little band, surrounded, as they then were, by an extensive disaffected population march- MONTREAL PRISON 65 ing upon them from all sides, no alternative remained but to employ such measures as should frighten the traitors from their rebellious purpose, which, to persons unacquainted with the true state of that part of the country, may have appeared harsh and uncalled for, yet, upon dispassionate reflection, must be deemed both merciful and salutary, resulting, as they did, in staying the progress of the rebellion, and thereby preventing that effusion of human blood which must unavoidably have ensued had the warfare been protracted, and the deluded habitants not have retired to their homes as they did, and that very rapidly, on learning the fate of their misguided compatriots ; besides which, it has been positively ascertained, that had the expedition under Colonel Wetherall, failed, the revolution would then have been complete, as the entire Canadian people, flushed with the check the troops under Colonel Gore experienced from the Patriot force at St. Denis, were only waiting a similar result at St. (Charles to rise en masse. There are now about 270 prisoners in the Montreal prison under a charge of high treason, among whom are some persons of respectable standing in society, but who have long been among the most active partisans of the great rebel Papineau, and are now implicated as concerned in the councils of that plot which was to destroy the connexion now subsisting between Canada and Great Britain. The most influential person of this party is Mr. Louis Michel Viger, commonly called " Beau Viger," from possessinif a very handsome and prepossessing person and mien. He is about fifty years of age, a lawyer by profession, a member of the Provin- 66 HISTORY OF THE cial Parliament, and brother of the Hon. Denis JB. Vigor, well known at the Colonial Office as a Canadian Am- bassador, and to be remembered by those Ministers whom he has not failed to fatigue with his favourite theme of Canadian grievances. The said Mr. Louis Michel Viger was president of a recently established institution in Montreal styled '• La Banque du Peuple ; '' whose notes were peculiarly stamped on blue paper, and inscribed in the French language, for the purpose, as it was stated, of causing a ready circulation of money among the habitants, who, prior to the formation of this institution, re fused paper-money of any des .iptiou, but subsequent events have caused it to be suepcctc d that the projectors of this bank had a deeper scheiite in view, as it is now supposed to have been orii; • - d for the purpose of according facilities to the rebel i. and Mr. Louis Michel Viger stands now (;om'it' , = charged with having made large advances, and oti wise assisted the rebel cause. There is also in compa!^); with him, in the same prison, Mr. Come Cherrier, ?i lawyer of eminence, and member also of the Provincial Parliament, a young man of promising abilities, but who, unfortunately for himself, has employed them in the cause of sedition and rebellion, for which he is now under confinement : It is, however, believed, that he has been betrayed into this error by the natural bias of attachment to his uncle Papineau. But among the ex- tensive group of accused rebels, there is one, who was arrested at Quebec at the commencement of the revolu- tion, more specious, artful and dangerous than any of them. This person, who has contrived to get admitted to bail, is Mr. Arthur Norbert Morin, the last missio- nary of the Canadian faction to the British G-overnment MONTREAL PRISON 67 whose evidence before a committee of the House of Commons on Canadian affairs has recently appeared in some of the leading public journals of the metropolis, and who, prior to his mission, had the daring audacity to appear before the Governor of Canada, with the other members of the House of Assembly, decorated with a tricolour riband, which was a clear indication of the revolutionary principles he then entertained, and of his hostile feelings towards Great Britain. The pe- riod must, however, shortly arrive when these parties will all be heard in defense of the crimes for which they stand accused, when they will have awarded to them that justice which they severally merit." E. R. Fabre, was one of the Patriots who was impri- soned in the Montreal Gaol. He is the father of the present most highly respected and much loved Roman Catholic Bishop of Montreal. His great work for years was the looking after the families of those patriots who were in exile. He died calmly during the dreadful visita- tion of the cholera in 1854 at his post in ministering to the sick inhabitants of Montreal a martyr's death, and his death was sincerely regretted by all classes and na- tionalities. He was the mayor at the time of his death. Dr. Masson and Damien Masson were two brothers born at St. Hyacinthe. After the disaster to them of St. Eustache they at last found themselves at Coteau du Lac where they were informed on by a man — a traitor to the cause — and Col. Simpson arrested them, and next day conveyed them to Montreal. When they arrived in the prison they found I'abbe Blanchet, cure of St. Charles, who had been arrested. After their trial tl.ey T/ere bailed out. 68 ItlsrOKY Of 7//A r. Amiot was another of th(Me who were confined in the Montreal (iaol. After the battle of St. Charles he wa8 arrested and placed in irons and conducted to the prison of Montreal where on acroant ot ttie damp, bad air and confinement he liecam^* ill. and ever afterwarda anflered the eflecta of theae privations. J^imeon Mfgjl— ■■■it wm taken pnaoner with Dr Ibiaon after the battle of Si. Char leii After aafferinf aatoid hardship* tor day*, he waa eMfItt by the xo- ymArnm* on the trontiem and condocted to the Montreal ihmk. Jlft«rwMr4a he waa banmhed to B«*i Lm Pair aads Th**) \%4*re brcrtherw After hmm^ iNutte la prMMMi. Mr Paosad «< rwinjan Mb dl«* iiOS IBO OnUMSmiMk. 1nkmKp**f9Mm, #MOfViMMB 'O Vipv $mr km mmmmmUL tttmek - Most iif fMlii • aUr was mmI* ^r ifeNi •nlfvi wt ^ Pipwiy ' toflM» l^ilpii- M dhMMk 8# lii.iiHtf'a «Mni m * 70 HISTORY OF THE an exile to Bermudas, and about the time of R. Nelson's defeat at Odeltown, in 1888, he, with others, had re- turned from Bermudas to the United States and again being arrested, 8th June, 1839, he was tried and bailed out fud afterwards became a "citoyen paisible" as one account gives of him. Major Goddu, was one of the exiles to Bermudas. After the battle of 8t. Charles he brought back his men to St. C^saire, but very shortly after was arrested by one of his own friends who was a Constitutionalist and being conducted to Montreal, laden with chains, was thrown into the gaol where he remained till 2nd July, 1838, when he was sent to Bermudas. Andre Oniuiet. This i'atriot wan one of the very first •abjects of arrest o\ November 10th, 1837. He was the President of the " Sons of Liberty ' and on a^xount of his position was arretted and remained for eight months in jail. He waa arref *«Ni the same day an the late Sheriff L^blanc. H« is H. tr to the late Premier of the Pro- rince and no^ lfmiM«r of Pablic Inatraction for th* I 'roviace ol <4ti«b«c, tlM Hon hie CKmUob < >ajauri, L.L.D. Jalh«rt Tb<* trial of ( aptaaa JaJ^Mirt wm on« of ttM xm%aitmAm% fa ^m miiuUs of t]^ RabcUioa, and tli« «Mi tn«d by Civil Curham promulgated on the 2Hth day of the previous Jan(». The general substiince of this special plea wa* that Lord Durham had proclaimed a ^Beral pardon *XiA. not mentiontng any particalar pri* •on«r'c Bame« to whom it did not apply, that in rirtoc cif this ordinaiKM* th« prisoner Jalb«rt. tbooigfa accooMi III tlM Borcbr of Va*^mX. Wctr. wm tnclnddd in th«^ mtt iiMty M i%m pffMdaHMliMi hadi iMwn approved of bf H«if IHa|iKJilf %mA by tf«r fiprii— ti^y. th« Oovwraof ^Hm^ mtk\mtitM. Att**r t \m^ mA mmmtmA dn»rn>aiwi 'l lwi i M Mr ll mjmUmk Ih tb# fi 72 IIISrOKV OF THE The accusation held against four persons, Jalbert, J. Bte Mailiet, Joseph Pratte and Louis Lussier, and was divided into four charges : 1st. That the prisoner Jalbert had carried the sword of the deceased Lieut. Weir and had been aided and abetted by the other three. 2nd. That when J. B. Mailiet, had the sword in his hand, the prisoner with the other two aided and assis- ted him in the murder of Lieut. Weir. 3rd. That when Joseph Pratte had a sw^ord in his hand, the prisoner, with the other two aided and assisted xn the murder of Lieut. Weir. 4th. That when Louis Lu^-sier, had fired a gun at the deceased, Jalbert and the two others were present, aiding, assisting and encouraging in the com- mitment of the murder. The other three mentioned in the indictment had fled to the United States. As an historical fact, and especially as in all smaller English Canadian Histories, very little is told us ol this unfortuate episode of the times of the Rebellion, I will give the Solicitor gener- al'f opening remarks, which cle<»rly and succintly ttate all the circumstances connected with this m«Un cboiy affair He Mid " You will probably recollect that in November IH87. j delachfiKfit *>\ \HH)\m und*«r the command of Col. (lore, marched u|Min Hi lle- ni«. \AmvX. Weif of th*f 82nd iC^^i^iment of Her Me}«fit)r, wbich v^M then •t»Uoii«d in Monlrt^ei, reciftvifd ordeiti to go t4) ?*of«l Ui 'Jtrrj dMfMiti h<*e (or Col lioff Umt^r tmmmd to rmmch iM, ttM« M th«t •hort^'et {fOMibii* time Im wmH fe»y Umd. m (he C'^l mmd hut iiiilif mrm^ had LiMl |W«ir. kimi s wM»lm 1*0 ttiM kmm k» CM MONTREAL PRISON 73 right to state here that, at the distance of fonr miles from Sorel, the road divides into two branches, one of which is much long"er than the other, Lieut. Weir, presuming without doubt that Coi. Gore had taken the shortest route, passed by the other and thus missed him. Going along this way, he was arrested by a guar4 and brought as a prisoner into the presence of Dr Nel- son. The latter then gave orders that he should he sent as a prisoner to St. Charles under the charge of Jalbert and others. His hands were then bound and he was mounted in a waggon. A short time after they untie4 his hands. Near the church, Lieut. Weir jumped oat of the waggon and is struck by a man of the name o^ Maillet who had a sword in his hand. Jalbert who at that moment was on horseback and had a sword at his side, cried out " kill him, kill him, the desertt^r " At th« same instant Jalbert gave him a cat of his sword un ample, lieut. Weir succambt^d (o the vtorm of bUiwi that fell uptjn him The band standing around hiro, 1m breathed agaai when one of them ert*«d out with akitij Toicc. ' lie i« recovering, hn \n recovttrtng " ThfllMNI SMmU a MMIf^Jl for ill* body a«d tbi'V UamA W ai m rir«r,e«v«fi4 with v*. uuu4« and imttkk^ «uiit«i«4'' TIni ift«J ^Milifittmj MTrn daft, wMacHMit %m iImi mwm% inoflf •«< »i \m'\m thai iImi flUH>d t<* rome to an anderMandiitf ese*»fH thai of Ron agrM'n«*fit Oh ?i«ittrday th«' 7ih iS«*pfeaib0r. ^•« of lik* Juror*. Kdw in 4iWAl«*r. wan indtapoard and fii^atr«»d r^frvshoN*!!! T^ |ar<»r«> ib«*ii tminxfi^ tmtd, m9 . attd w«r# kfciuf^ mip§m ibf a^i a«d all I4«ti4i^. CHi M— 4>y. Mrt ffi » p| '» g , ilN»y « «*?» afam »w i #f»d to m* INv aM I tei tbta - t!b> it ltow i i i || awatalibw af» ina^iyw ii btrnp tkm fmry m thm mm$ lillMnii Mknu. drmk iM^ MONTREAL PRISON 75 Gale were present. It records " the Court at fifteen minutes before twelve or midnight desires that the Jurors be brought into Court, " and the jurors unani- mously declare that they have not agreed upon a ver- dict nor are ever likely to ag^ee. The Attorney general and the prisoner's Counsel " having declared that they had nothing more to move" and '' the term as fixed by law for holding this crimi- nal session extending only until midnight, the Court at that hour quitted the Bench, the session being over and the Jar>' was discharged ' In a few mom^'ntn no i>«riMmii wt;re in the room save Wand th** «raol««r, and the pnson*^, aad Mr .Schiller then quiti* a yonng man. Jalb«ft w an tak<«n W-k to the prison atid mnm diM-h«rff«*d. k «NUMderahl«' rwN ith Jjecem- her 1^37 U was ihm mnmd of tragiA mm mawt(*ring i%4 km rjrtRf in wtkl aonlo4Naai aadi wm4»r t«arfai ^veiUmmmi. dl MBBHrtfVtoftff ta • railf t»f pmm Th«t «M CI 4m MONTREAL PRISON 11 eight o'clock that night would have seen a horseman, one of the Lachine Troop of Cavalry, so well known by their fierce looking bearskin helmets, dashing along our streets at a mad gallop. The guard at the city gate at Dow's brewery was no hindrance to his wild speed, the crossed bayonets of the four sentries posted there were cleared at a bound. His uniform being known to the sentries saved him from a passing shot. Then down old 8t. Joseph and Notre-Dame streets, at the same wild pace, to the Main Gua':^d, which stood nearly in front of the present Court House, and their delivered his ver- bal despatch to Major Peaner, commanding ottic«'r of the day in command of Montreal, m^ariy a« (oliows : " Th«^ rebels have escaped from Ht. Kustache and am " reported advancing in force on Lacbinetocaptare th** '* arms «tor«*d there for the frontit«r voluiit««rs " Thlft d«»patrh WM deliver^ at \\m Main (Inard witbis thirty minat^ii afi«>r the tro«i(>«r htd ra<>iini»d hi* hor»» ai L«cht««. Th« dist«nf:« b«'ing ov**r *'\%\i\ iniliNi, TImm UMm WM MiM httrryinf tm Ul« tlMMrta <#f M<»ntr«»ftl To arstn * " was tlM nry , ' 1%* ratwit mm at ImM TImi •karm hmll r— f ftM* tmw i«w Ukm MgNMiaf. rMclitAf 9^mty wmk mtA tmwm ^ 1km tUf w a &w wmmi9m Tk»^y wmmmtltmA wiita «mM thm4^ am mm mia§ tW wM -T-ffTTii ^^lHP|||f«Mi Ai 9 mm wWK^fWK^ 78 HISTORY Of J HE the space of two hours nearly 4,000 armed men — vo- lanteers, old and young, merchants, professional men, clerks, m^'chanicd and labourers, (»tf the Ltwhiii** Canal, and i{M«tty, explain Charl*-^ < rtm|Miny. fr»»iD *d ami fbrawti Mnid a deafemntr <-h4^'f ttit In a» tarn (*ar '•ye« to xhm «**< Lawifac** What a '-haw i' Mm ' nifiifc wwi %m \m iwrn tlMtv The* rivrr wan tiit<«liy aMWPii vMi rmamm. Iv«4T wamnr I a < 'aaiHi- w f ilMi.fitmr, «sMainiiir t«> jmn tW L«i-ki»« flMP» ff'iwwr «#'' 80 HISTORY OF THE Spring came, summer passed, a bountiful harvest crowned the year, and the chill blasts of November had again made fields and forests bare. Low murmuring sounds of discontent were then heard, here and there, over the length and breadth of the land, something like a smouldering volcano, ready to burst forth at any mo- ment. On Sunday morning, the 4th of November 1838 — a day long to be remembered in Canadian history — the standard of rebellion was again raised in Lower Canada. The whole south side of the St. Lawrence was once more in open rebellion. The principal camps were at Beauharnois and Chateauguay, The first actual outbreak of this second rebellion occurred at Beauharnois on Saturday afternoon, the 3rd. The patriots, as they called themselves, seized the mail steamer Henry Brougham, while on her way downwards from the Cascades to Lachine, and the passengers were detained as prisoners, among whom were old Sheriff Mclntyre, of Cornwall, and Duncan Macdonald, of Montreal. In the early morning of Sunday the 4th, the patriots of Chateauguay marched in force on Caughnawaga to disarm the Indians. The Indians were attending early Mass in a small chapel half a mile behind their village. The chapel was surrounded by the patriots. They said they came as friends to have a parley. The Indians ex- pressed surprise that friends should come armed, and asked them to pil 'leir arms preparatoiy to a friendly talk. The innoceni ^ .triots piled their arms— they were immediately taken pos'^^'ssion of by the Indians. Sixty- four of the patriots w n- made prisoners, eleven more MONTREAL PRISON 81 were secured during the day,making in all seventy-five prisoners. The rest escaped through the woods to Cha- teauguay. The arrival of the prisoners at Lachine was the first intimation there of the outbreak of the second rebellion. The Indians of Caughnawaga crossed the riv»fr with the sixty-four prisoners and landed them near the Wind- mill, close by the old French parish church, just at the foot of the cross road leading to Cote St. Paul. This was about ten o'clock. The people of Lower Ijachine were then on their v\ray to attend morning service at their different churches. Fancy their surprise ! Here was new work for them. It did not take long to muster Captain Begley's Lower Lachine company of foot and twenty of the cavalry, who took the prisoners in charge. The line of march was soon formed. Instead of taking the high road to Montreal by the way of Cote St. Pierre, the march was taken by the cross road through Cote St. Paul. It was a hard tramp of three hours. It had ' been raining most of the previous week ; the mud was ankle deep. The men would not hear of an^ con- veyance being provided ; the prisoners must walk it, they said ; the men also walked. The march of the es- cort and their prisoners through Cote St. Paul and the Tanneries caused great excitement. By the time it reach- ed the Tanneries fully one hundred stragglers had joined, not exactly comprehending what it really wa«, as perfect silence was maintened in the ranks. News of the incoming prisoners with their escort had early reached the town. Their numbers were swelled 82 HISTORY Or THE by hundreds of stragglers on their onwards course. The leport had reached Montreal that the Lachine brigade was marching in full force, having the whole rebel camp of Chateauguay as prisoners. Such was the actual report that reached the city that Sunday morning, the 4th November, 1838. The reader of this day can picture for himself the excitement, hurry and bustle in the streets of Montreal caused by this report. Far out on the outskirts of the city, towards the Tanneries, the escort was met by thousands of the citi- zens. The sight that met their astonished gaze was strange and new to them. Here was a large body of men advancing, having been largely supplemented by stragglers. Ten of the Lachine Troop rode in front and ten in the rear, and on both sides were thirty men of the Lower Lachine company of foot, having the sixty- four prisoners in the centre. The stragglers who had joined were totally ignorant of the whole affair, except the fact of seeing the prisoners and their escort. The writer was one of this escort. There have been, time and again, many programmed processions on our streets, but never before nor sinc3 that day, so remarkable a procession as this escort passing along the streets of old Montreal. In front and in rear, as steady as regulars, rode the young boys of the far-famed Lachine troop, with the bearskin helmets and drawn swords, and the foot company on both sides with fixed bayonets, guarding and protecting the pri- soners from the surrounding excited, and enraged citizens. They moved along steadily and in perfect silence. MONTREAL PRISON 83 Come, young Canadian reader, and take your stand with us on the front steps of the old French Cathedral. Let us suppose the time to be about three o'clock on that ever to be remembered Sunday afternoon, the 4th of November 1838, and, in retrospect, let us cast our eyes up Notre-Dame street. An immense crowd, reach- ing back to McGrill street, having no flags waving nor drums beating, to announce their approach, is slowly, solemnly advancing, in funeral-like procession ! What is it and who are they ? It is this escort from Lachine with their .sixty-four prisoners wending their way down to the then " New Gaol " with thousands of the citizens lining the streets and following in the rear ! It was a sad day for the poor prisoners, all ytmng men. They had marched out from their camp at Cha- teauguay in the early morning of that day in high hopes and full of life and vigor ! They were now, in the afternoon, on the way to be enclosed within prison walls ! Many of them were afterwards liberated, two of them suffered the extreme penalty of the law for the crime of High Treason ! and three was exiled to Aus- tralia. It were well if we could draw a veil over those dark days and darker scenes, and blot them out of remem- brance. We cannot ! Wrongs ! Yes, grievous wrongs did then exist in this Canada of ours, but the means to right them were misapplied ! It must now, however, be admitted that out of the seed sown broadcast in that rebellion there arose over and above the ruins of the Patriot's Visionary 84 HISTORY OF THE Republic the grand structure or foundation of pur present responsible Government, entombing, or casting to the winds, all family compacts or other obstructions, securing to Canadians their rights ! And, in truth, it may be said, that the now glorious constitution of United Canada had not its birthright under the smile and sunshine of heaven, but it was cradled and nursed amid the rage and the strife of fratricidal foes ! The sun had gone down, and that ever to be remem- bered Sunday night — the 4th of November, 1888 — closed in darkness over the unlighted streets of old Montreal. The Lachine escort, after delivering their sixty-four prisoners to the goal guard, reformed for their rendezvous at Grant's hotel, on St. Henry street, the Montreal headquarters of the Lachine brigade, to partake of refreshments preparatory to their return march home. Ammunition and other supplies were there waiting them to be conveyed to Lachine, which they took in charge. The escort, after leaving the gaol, had over ten miles to reach home. Rain was then pouring down in tor« rents. That march is as fresh in the memory of the writer as if it were yesterday. The tramp up old St. Mary and Notre Dame streets was a tiresome one of two miles over muddy roads to Grant's Hotel. The streets were crowded with armed men. Guards and pickets were being posted at every exposed part of the city, and cannon placed at every avenue leading into the country and facing the river. After leaving Grant u the march was up old St. Man* rice street. The city gate at Dow*8 brewery clos&4 MONTREAL PRISON 86 behind ns wiih a death like sound, allowing us to find oar way as best we could through the thick darkness ahead. There were no macadamized roads in Those days ; it was mud under foot, mud to the right, mud to the left of us, mud everywhere, and thick darkness ail around ! Worse still, at any moment a concealed enemy might be met. Every few minutes a cavalry- man dashed past, hailing us, with despatches to or from Montreal. It was an exciting march. Tired, wet and hungry, the escort reached its headquarters, La- flamme's hotel, Lachine, by 10 o'clock that night." 86 HISTORY OF THE % 1.^- CHAin^EE IX. Last days and hours in the Prison of Montreal of Cardinal, Duquette, Robert, Hamelin, the two Sanguinets, Decoigne, Narbonne, Nicolas, Daunais, Uiudelang and UeLorrimier. This Chapter contains the melancholy records of the troubles of 1837-38. ■■■■ ;n7. Cardinal and Duquette were at the head of the Patriots who went to the village of Caughnawaga to possess themselves of the Indians weapons, when they were arrested on the 4th November and on the 28th with Lepailleur condemned to die. The last named escaped the gallows, and was transported to Australia but afterwards returned to Montreal where he still lives. On the 20th December from his cell in the Montreal Prison, Cardinal wrote amongst other things, these words to his wife : " Demain, a I'heure ou je t'ecris, mon ^me sera devant son Createur et son Juge. Je ne crains pas ce moment redoutabie. Je suis muni de toutee ies consolations de la religion. Oh Dieu ayez piti^ de moi, de ma femme et de mes enfants, je vous les recommande, veillez sur eux, servez leur d'epoux et de pere et ne tardez pas de les reunir tous avec moi dans votre saint paradis." And yet such is ^he height to which party feeling will be carried during times like thof e of which we are now writing that T)ie Montreal MONTREAL PRISON 87 Herald of date November 19th 1838, thus says : " We have just seen the new gallows made by Mr. Bronsdon and we believe that it is to be set up facing the prison, so that the incarcerated rebels may enjoy a sight that doubtless will not fail to assure to them sound sleep and agreeable dreams ! Six or seven of them can be strung up at once, without difficulty on the new gibbet, but a yet greater number at a pinch, would it accommo- date." G-reat efforts vrere made to save Cardinal and his wife sent a most touching letter to Lady Colborne. It was of no avail. The last scene of bidding adieu between him and his family was heart rending as the Historian of this period, Mr. L. O. David, justly says in his late interesting work from which the Author here acknowledges to have gained as from former works of his a great deal of information : " Quand I'heure fatale de la separation sonna a I'horloge de la prison, quand ils se donnerent dans un long sanglot le baiser de Vh- ternel adieu, ils 6taient plus morts que vivants." At last the fatal day arrived. It was a gloomy, cold, cheerless morning. The sun was as it were ashamed to shine ; massive clouds floated like funeral trappings all over Montreal. Nine o'clock arrived. The procession wended its way from the condemned cell on to the scaflfold. The friends of the prisoners and others recited the De profundis. One great cry arose from the assem- bled thousands r<^ und the wa'ls and gate. The trap fell and Cardinal was launched into Etornity. Joseph Duquette had a more tragic end. He was quite a boy, not yet 21 years of age- Every thing possi. 88 . '. HISTORY Of THE ble was done to mitigate his sentence. Even the Indians of Caughnawaga regretting their haste arresting Car- dinal and Dnqnette sent a beantifal petition to Sir John Colborne, bat in vain, he suffered the same day as Car- dinal. One of those horrible spectacles sometimes seen at executions happened to him. The cord w^as badly adjusted round his throat and became disaranged. They saw the body of the unfortunate young man swinging from right to left and strike violently the wood work of the scaffold. Some one called out "pardon, pardon," but this was of no use. The executioner hardly knowing what to do, seizing the cord, brought back the body upon the scaffold and at last ail was over. On the 20th December 1888, L. F. Drummond, after- wards the well known judge Drummond, sent a most pathetic letter to H. E. Sir John Colborne to arrest the execution of Cardinal and Duquette, stating therein that they had been illegally condemned and proving the facts by declaring their actions during the uprising. Besides the last named was not a major in the eye of the law, as Duquette was not 21 years of 8ge. But all seems to have been in vain as they both suffered ex- ecution. The prisoners Robert, Hamelin and the two Sangui- nets were accused of having taken part in the expedi- tion against La Tortue and the death of the unfor- tunate "Walker and for this they suffered death. On the 18th January these four with Decoigne also con- demned to suffer death marched with steady tread from their cells to the scaffold where they were hanged in a TOW. MONTREAL PRISON 89 Decoigne being a notary public made a short speech, . acknowledging it is said the justice of the sentence and dying for his country. J. J. Robert was the leader of a band of insurgents who on the 3rd Nov. endeavored to disarm the Loyalists at St. Philippe, St. Constant and Laprairie and had besieged the house of Mr. Walker. He was a farmer of St. Philippe. His position and character and age were sufficient to make him a leader among the patriots of his parish. He had long been an admirer of Papineau and was one of the first who had remitted to the autho- rities his commission as a captain of militia. On the morning of his execution he consoled his companions in the condemned cell and prayed both for them and for his country. Efforts were made for a respite of his sentence by his friends on account of his age, but in vain. F. X. Hamelin, was a lieut, in the company of which Eobert was captain. He had taken an active part in the attack of Mr. Walker's house, when "Walker was killed. Hamelin was quite a boy, not more than 18 years of age and as in the case of Robert, strenuous efforts were made to save him on account of his youth, but all in vain. Frightened at first with the fear of death, he afterwards maintained a calm demeanour during all the fearful preparations, and having received the last rites of the Church and pitied by every one he bravely died, as he firmly believed in the discharge of his duty and for his country. The two Sanguinets. They were brothers and be- longed to one of the oldest and most respectable fami- 7 ( < ■ ■ B9 ///STORY OF THE lies in Ihe country. Their father was the proprietor of •the Seigniory of Lasalle in the county of Laprairie. The -father lost all by law. The sons had been active ever against the government and by their energy, the unfortu- nate Cardinal had been returned as Member for their county. Both were married now and highly esteemed by their fellow citizens. The one was called Ambroise and was 38 years old when he suffered, the 4E>ther Charles was 36. They were both in the company of Robert, one as captain, the other as lieutenant. Decoigne was a notary of Napierville,married, and 24 years of age. He was condemned on account of being ene of the chiefs in the camp of the patriots at Napier- yille. Expecting to escape, as the proof against him -fsras feeble, he received the news on the 12th January in prepare to die on the 18th with calm resignation and Oh that day he expired as the others, fortified by the ?ites of his Church and the feeling that what he had . done was for his country. Again the scaffold receives five more victims of this unfortunate rising. There were in prison at this time besides these five, many others, such as Dr. Brien, L. Pumouchel, T. Rochon, J. Goyette, F. X. Prieur, Joa. j^attier, J. Laberge, F. X. Touchette, etc. The names of the last batch who vindicated their 4)atriotism on the altar of their country were Narbonne, •H^icolas, Daunais, Hindelang and DeLorimier. At their ■execution, 15th February 1839, another of those dis- gusting spectacles happened as in the case of poor •Duquette. When the rope was placed round the throat 'Of l^aidonne and the execution about taking pJ ice, on MONTREAL PRISON 91 account of one of his arms having nearly been cut off when a child and the executioner having neglected sufficiently to secure the other, the poor soul, when the trap fell (his arms becoming loose) seized the cord and suspended himself both by his mained and whole arm. Twice they had to let go their hold and twice Narbonne seized the cord. At last after this bungling and sad spectacle, death kindly came and terminated his suf- ferings. At the same time wab executed a Quebecker named Nicolas. After the battle of Odeltown, he was taken prisoner, when he had wandered nearly halfstarved and frozen into a miserable cottage and sent under a strong escort to the gaol of Montreal. Having been condemned he was executed with the other four on the 15th February, 1839. On4he 18th January, v/hen he arrived at the prison of Montreal, he passed under the gallows where a few hours before the five unfortunates and his friends Decoigne, Robert, the two Sanguinets and Hamelin had been executed. One of the guards then said to him : " Look at the ropes, one of them is waiting for you. " Nicolas, quickly replied : " I will die as I have lived, a Patriot. " Only eight hours elapsed from the arrest of Nicolas till he was courtmartialed and condemned to death. He, on the 15th February, mounted with his companions the steps of the scaffold with a firm tread and when on the platform spoke to the crowd, the substance of which has been much debated about ever since. Some say he expressed regret at the part he had taken in the rebellion, whilst others say, according to 92 HISTORY OF THE all trustworthy accounts his last words were the follow- ing : *• Je ne regrette qu'une chose, c'est de mourir avant d'avoir vu mon pays libre, mais la Providence finira par en avoir piti§, car il n'y a pas un payo plus mal gouverne dans le monde. " Daunais was only 20 years of age, and in the last hours of his life was calm and silent and endured without a murmur and died without a struggle. Charles Hindelang was the only Protestant among the twelve who suffered death, during these times, by execution at the Montreal G-aol. He was not a French Canadian, but came from Paris. Originally Swiss and for a long time residing in the Capital of France. After the affair of Odeltown, Hindelang was taken prisoner and thrown into the Montreal Gaol, and on the 24th January, condemned to be hanged, but he was not exe- cuted for three weeks afterwards as he was one of the five hanged 15th February. We find the evening before their execution the five prisoners obtained permission to give a banquet to their other unfortunate compatriots confined in the Gaol. Hardly any one ate much, for their hearts were overcharged with sorrow and it was indeed a sad and melancholy scene. After supper, dc Lorimier said these words : " Ma patrie, puisse-t-elle ne jamais oublier que nous sommer morts pour elle sur I'^chafaud ! Nous avons v6cu£ vr\ patriotes et nous mourrons en patriotes f A has les tyrans ! Leur rdgne achdve. " Hindelang, also spoke and in the course of an elo- quent harangue he burst out and said : " Oh France MONTREAL PRISON 93 ch^rie, tu as re^u mon premier soupir, ton fils qui va monrir demain snr une terre ^trangere, t'aime toujonrs." On the morning of the 15th February, as he was busy writing what he would say on the scaffold, at 8 o'clock the officials entered his cell and told him that the hour had come for his execution. *' Oui — replied he — je suis pret, accomplissez votre ceuvre inf^me, " When he left his cell he saw his friend de Lorimier who called to him : " Courage, my friend, the end draws near, " when Hindelang replied : " Death is nothing for a Frenchman. " The prisoners then bade adieu to all their comrades and companions and with firm steps, marched on to the scaffold. De Lorimier leading the double band,followed immediately after by Hindelang, then Nicolas and Nar- bonne and last the youthful Daunais. A great crowd lined all the streets and avenues leading to the gaol. Whilst very many wept, others positively laughed at the awful spectacle. Arrived on the scaffold, when all w&s ready, Hiiide- lang addressed the crowd in these words : " Sur oet ^chafaud, 61ev6 par des mains anglaises, je declare que je meurs avec la conviction d'avoir rempli mon devoir. La sentence qui m'a condamn6e est injuste, mais je pardonne volontiers a ceuz qui Tout rendue. La cause pour laquelle je meurs est noble et grandej'en suis her et ne crains pas de mourir. Le sang vers^ pour elle sera rachete par le sang. Puissent les coupables en porter la responsabilitd ! Ganadiens en vous disant adieu, je vous Idgue la devise de la France : " Vive la liberty!" 94- HISTORY OF THE Hiftving pronounced these words with a lond and firm voice, he was kitinched into eternity. His body it is believed was buried in the MiUtary burying* ground on the Fapineau Boad. Hindelang wa» escorted to the scaffold by the late Revd. John Bethune, D.D., his spiritual adviser, who remained till the last. DeLorimier was the last of the five executed this day. He was a native of Montreal, his family a noble one and one that remained in Canada when it became a British Province. After Napierville, he was arrested and brought to the Montreal gaol on foot, where he was tried by Court Martial and condemned to be hanged. This sentence was carried out on the fatal 15th February. When he was about to go to the scaffold he gave Frieur, a lock of his hair, that was contained in a letter, which read thus : Prison de Montreal, 15 F^vrier 1839. Cher Prieur, VoU8 me demandcz un mot pour souvenir. Cher ami, que voulez-vous que je vous 6crive, je pars pour I'ecbafaud. Soyez courageux et je meur» Totreami. Adieu. Chbvaliir db Loriuikr. At a quater to nine o'clock DeLorimier parted with Hindelang in the presence of the Jailor, military officers and several soldiers, he saying to the executioner: " I am ready." He mounted the scaffold with a firm step and when Hindelang had finished his address with the words " ive la libertfe," he nodded his head in appro- val of the seniiments and almost immediately after the sign was given and the trap fell and the five unfortn* nates wore launched into eternity. MONTREAL PRISON 95 A letter written to his wife at seven o'clock of thet ^lorning of the day of his execution was for.nd on his* heart after he was cat down, full of love and heroiiy sentiments, the last paragraph of which id given a^ », sample of the whole : "Sois done honreuse, ma chere etv panvre femme, ainsi que mes chers petits enfants, c estt le voBU le plus ardent de mon lime. Adieu ma tendre femme, encore une fois adieu ;. vis et sois heureup e. Ton malheureuz mari. Chevalier de Lobimieb. . I cannot close this imperfect sketch of the lasti^' sufferer on the scaffold for 1837-38, without just stating that within the past year or two, Colborne* Avenue, next the jail has had its name changed to DeLorimier Avenue, after the Chevalier DoLorimier. Sir John Colborne is often spoken about, especially at St. Eustache, after the disastrous engagement, per- haps our fellow French citizens had this in view when they changed the name of the Avenue. A beautiful monument has been erected in the Eomnn^ Catholic cemetery of Cote des Neiges, to their memory, and to the lasting praise of our French Roman Catholic* fellow countrymen, Hindelang's name is as conspicnoust (although a Swiss and Protestant) as any of the others.; On the four sides of the splendid column's pedestal are* engraved mementoes of this melancholy epoch, recor-' ding also the names of C. O. Perrault, who figured then,, an advocate and member of Parliament, and J. O. Ch6-' nier, a physician who fell at St. Eustache. The oration on the occasion of the inauguration of the monument wae; pronounced by the present worth]| 96 HISTORY Of THE Chief Jastice Sir (then the Hon'ble) A. A. Dorion, and iTpecches were also delivered by Mr. Wilfred Dorion and Mr, Hector Fabre. Thus rest till the Great Day of final indgement these twelve Patriots of 1837-38. Let the prayer be softly said over them, Requiescat in Pace, and let us all ever bear in mind, the saying of one of the eminent Latin writers, '* Pulchrum est mori pro patrid.** I will close this chapter with an account of what took place exactly forty-four years after DeLorimier had written those beautiful words in his last letter to his wife, the night before he was hanged and when he penned : " O mes compatriotes, je vous confie mes en- fants. Je meurs pour la cause de mon pays, de votre pays, ne soufirez done pas que ceux que je suis oblig§ de quitter souffrent de la pauvret6 apres ma mort." And how though tardily this was done was seen when an article appeared in 1883 in La Tribune of Montreal making public, that the widow and two daughters of DeLorimier were living in proverty and want at the beautiful village of L'Assomption about twenty-four miles from Montreal. The effect was elec* trical and stirred up the heart of the French community to the very core and under the presidency of Mr. L. O. David, Mr. Louis Frechette, the poet, being vice-presi- dent, and our own present energetic Mayor, H. Beau- grand, Esq., as secretary, subscriptions were soon raised and a trip taken to the village where an address and a large purse of money were given to Madame DeLorimier. Among the chief promoters besides the above three gentlemen were MM. Archambault, Saint- P erre, Ddseve, Mde. Saint- Pierre and Melle. Peltier. MONTREAL PRISON 97 CHAPTER X. Ool. Gugy.— Louis Frechette. — Letter of Dr Wolfred Nelson.— Names of persons incarcerated in the Montreal Gaol as political offenders in 1837.— Copy of commitment of the lale Sheriff Leblanc. — Order of Sh<»rifr St. Ours.- C. S. Cherrier.— Copy of deposition of Thos. Wood. Arrest of Jalbert, for the murder of Lieut. Weir. — Copy of arrest of Dr. Wolfred Nelson.— Order anent letter writing by the prisoners.— Order of A. Duchainay, Oep. Sheriff. One of the most public men on the Gonstitational side was Col. G-agy, although much abused, he yet rendered important service to both sides and the depo- sitions of several Car6sof country parishes, either near or in the midst of the dissatisfied districts cf 1 837*1838, testify i(i his generous disposition and noble charity and kindness of feeling. In no instance did this appear more so than in the case of Louis Frechette and we must remember that Col. Gugy at St. Eustache was severely wounded, or as he himself tells us : " "When I entered the Church, it is notorious that I was there struck by a musket ball fired by a Patriot. It passed through both my shoulders, at that moment a soldier of the regiment which I had led to the assault and which I had necessarily preceded, seeing that I was wounded drove his bayonet into my breast. " Hear what Louis Frechette himself says, in a deposi' tion dated St. John's, 14th February, 1856. 96 HISTORY OF THE " In 1838 I was arrested at St. John's and sent as a rebel, under an escort of armed volunteers, to the Mont- real Gaol. On board the steamer crossing from Laprai- rie, an English gentleman, who was unknown to me, seeing the state of affliction 1 was in, asked me what the matter was, and what he could do for me. I told him I was so unfortunate as to be a prisoner charged with high treason, threatened with trial by Court Martial and with banishment. I begged of him to ^,o to Colonel Grngy and state this to him. I must say thai I had never then seen the Colonel. I had never had anything to do with him and knew him merely by reputation. He had been represented to me as a kind hearted and compassionate man. This was all I knew of him, and without knowing the reason why, I thought he would interest himself in my behalf, although I was a stranger to him. These were the reasons why I applied to him : and I could not do otherwise, my countrymen, and my friends in particular, being on the same side as myself, they could be of no use to me. The strange gentleman did not foi^et me, and I was hardly lodged in gaol when Colonel Gugy came to mc. After making a patient enquiry into my case, he ordered the gaoler to release me. I was thus returned to my family, but what was my despair when 1 was arrested a second time and sent to Montreal charged with high treason. The armed volunt(3er8, who were keeping guard over me, appeared to take a brutal plea*^ sure in frightening me, and talked in a free and easy, way of shooting me. Being again shut up in the Mont- real gaol, I did not delay in making my situation known to Colonel Gkigy, He casne to the gaol a seconds MONTREAL PRISON 99 time, and soon became satisfied taat I was persectited by personal enemies. My sniferiags produced upon Mm the effect which I expected, and as he was, at the time, entrusted with great power, he caused my prison^ doors to be opened a second time. On this occasion he gave me a passport prohibiting all parties whomsoever from arresting me, unless for an offence committed subsequently. My personal liberty is therefore due io two men who were entire strangers to me. I have only seen Colonel Gugy once since, but I have never seen the generous man who spoke to him in my favor." All manner of false reports in after years were cireu- Ikted relative to the action of Col. Gngy who went with Col. Gove and especially at St. Denis. Dr. W. Nel- son himself, and he was no mean authority, thns wrote years afterwards, and after he had beep. Mayor of Montreal and was then Inspector of Prisons : " I shall ever deem it a sacred duty to exculpate you of cruel conduct while on the River Chambly, especially at St. Denis where my wife and family were subjected to much ill-treatment, as well as other parties, and who would have been made miserable, if not rendered ^ totally destitute, but for your manlp, kind. Just, nay, trulp philanthropic interference. I have heard of many other instances of your benevolent deportment at that' memorable period ; not the last of which was your refusing to fill the gaols with every individual who was denounced by the pretended friends of the Govern- ment. Your excellent judgment and natural prespi* eacity, however, led you at once to form a correct esti- mate of the motives by which the real enemies ol the 100 HISTORY OF THl Qt)vemment and society wer« actuated, and by your judicious and vigorous measures, you saved many per- sons from utter ruin, and a greater number from extreme distress and misery. A man vrho has thus demeaned himself cannot be a bad man ; but on the contrary, must be endowed with a good heart and clear head. Personally, I certainly know nothing at all to your disadvantage ; and I can never forget the protection you afforded to my family, when almost every one else had the cowardice of discountenancing them ; but you, a high government officer, who, if any, would have been suspected of severity, were kind and obliging. Never shall I forget these services, the spontaneous outpouring of a manly and liberal mind. " In beginning my search among the old piles of papers of commitments sinc6 1835, to the present day, consist- ing of thousands of such, the very first on which I placed my hand was the bundle of 1837. I was anxiously looking for it, and as soon as I found the file for November of that year, I met with that of our late sherifif Leblanc. On the back of said paper, tabulated, is thus written ; Received. 16th November 1837. Commitments of Ohas. A. Leblanc, Jean Dubuc, Ama- ble Simard, G^eorge DeBoucherville, Andr6 Ouimet, Fran9ois Tavemier. — " High Treason." T. Peitn, J. P. MONTREAL PRISON ICH The first on the list is that of oar late sheriff and the doctiment thns reads, the original having the Eoyal Arms on the top and Peace left hand side of the same and Office on the right in large printed Eoman letters. Diitrict of TURTON PENN, Esq. Montreal One of the Justices of Seal. Oar Lord the King assigned to keep the peace within said District. To the keeper of the Common Gaol of the said District Greeting. Whereas Charles A. Leblanc, of Montreal, gent- leman, stands charged with crime oi High Treason. These are therefore to authorize and command yoa to receive into yoar custody the said Charles A. Leblanc and him safely keep, for examination. Given under my hand and seal at Montreal this 16th day of November in the 1st year of Her Majesty's reign, TuRTON Penn, J. P. I find on the 17th,the next day, were committed Jean Francois Boss6 Lionais, and on the 18th, Louis Michel Yiger, an advocate and afterwards a well known poli- tician who had been admitted to practice A. D. 1807. On the 21st, Michel Vincent, who was of the Parish of Longuenil, was committed by P. E. LecUre, J. P. i02 HISTORY OF THE This Justice seems to have been a most active pel'son, as nearly all the commitments to jail in 1837 are signed by him, and in 1888 as Superintendent of police, his name often appears. On the 26th Narcisse Lamothe, of the Parish of La- prairie, was committed by the warrant of B. Hart, Esq., J. P. These seen to be all who were arrested and com- mitted during the month of November 1837. The very first name which begins December and who was then arrested was Come Seraphin Cherrier, a name which has been one of the longest in remembrance in Mont- real. The bearer of it was one of the most prominent members of the Montreal Bar since 1831 and died only a few months ago full of years and honors. Besides being Q. G. at the time of his death he had been decorated by His Holiness the Pope, and his children may rest assured that all he did in 1837, was done from a full conviction that he considered it (as it was afterwards) for the present as well as the future good of his native land. On the same day another prominent individual was arrested and committed to jail, Toussaint Peltier, also an advocate, who had been admitted to the Bar A. D. 181«. Mr. Cherrier had been admitted A. D. 1822. On the 3rd December, George Dillon was committed for high treason and on the 4th Andre G-ignere and Toussaint Merville. I find then that on the next day, the 4th, twenty prisoners were discharged, that is to say, the keeper of the gaol was required to send up the bodies of the MONTREAL PRISON • 103 prisoners mentioned below to be pat under military guard, they were after returned to jail, this order wa« signed by R. de St. Ours. The names of these twenty are Andre Uuimet, Amable Simard, George DeBoucher- ville, Chas. A. Leblanc, Franpois Tavernier, Jean Frs. Lionais, Louis M. Yiger, Narcisse Lamothe, Andr§ La- croix, A. E. Barclay, Eusebe Durocher, Louis Ghicon Durert, Pierre Claude Phaneuf, Come S. Cherrier, Tous- saint Peltier, Dr Jacques Dorion, Louis Moyer, George Dillon, Chas. Gouin and Louis Chapdelaine. The next commitment I meet with is dated 9th De- cember 1837, and is that of Louis Boindon. His offence is thus stated. That being of the Parish of St. Cesaire, in the County of St. Hyacinths : "D'avoir conseill§ et engage le peuple dans la Paroisse St. Cesaire contre les droits de notre Souveraine, la Heine Victoria, suivant deposition annex^e." The deposition is in English and sworn to by one Thomas "Wood, who thus declares " I, Thos. "Wood, of Granby, being m St. Cesaire on Monday, the 27th No- vember 1837 (swear) that a person known by me as son-inlaw of M. Papineau, L. Boindon did endeavor to excite the people there to actual rebellion and did endeavor to raise a force to rescue some provisions which had been stopped in Her Majesty's name for the iiisur- gents, and did call upon and threaten the miscalled Patriots who were inclined to bo loyal to take arms against Her Majesty's Liege subjects and was in com- munication with the rebels at Point Olivier." After this, on the 9th, Amable Daunais and Pierro Bourgeois are committed. 104 . HISTORY OF THE Daniel Forbes alias McNaaghton, hailing from St. Enstache, is arrested the same day as the last two on a writ signed by B. Hart, J. P. He was arrested in Mont- real having come from St. Eastache " as a spie." The 12th December 1837, I find the commitment by P. E. Leclere of Fran9ois Jalbert, offence murder, and in the body of the commitment it thus reads : '♦ Whereas F. Jalbert, of the Parish of St. Denis in the District of Montreal, yeoman, stands charged on oath with having on the 27th day of the month of November last at the Parish of St. Denis aforesaid, feloniously and willfully and of his malice aforethought killed, and murdered one, George "Weir." On the same day were committed Robt. S. M. Bou- chette, Henri A. Gauvin, Timothy Kinebert, Bodolphe Desrir^eres, Simeon Marchesseault, Jean Bte. Langue- doc, Francois Leford, Alexandre Pinsonnault, Ambroise Hebert, Denis Duchaine, Jean P. Boucher Belleville, Louis Tremblay, Toussaint Dufresne, Alexis Richard, Pierre Languedoc, Toussaint H. Goddin and Dr Wolfred Nelson. The commitment of Dr "Wolfred Nelson thus reads : " Whereas Wolfred Nelson, of the Parish of St. Denis, Bsqr., stands charged, on oath, with the crime of high treason, committed in the said District of Montreal, these are to authorize and command you to receive into your custody the said Wolfred Nelson. P. E. Leclere, J. P." He signed all the above warrants. It will insert here the order regarding the writing of letters by prisoners, especially when Henry A. Gauvin is mentionned in the above list. It thus reads : MONTREAL PRISON 105 " Prisoners to be allowed to write to their friends on any matters excepting politics on the past or passing events, their letters to be sent in to the Attorney Gene- ral at any time before one o'clock at the room in the Gaol where the examinations are now going forward, they may intimate to their friends that their answers must be sent through the same officer, and no other. This indulgence is not to extend to the prisoner H. A. Gauvin, and it will be withdrawn if abused by any other person. " On the 15th were committed Jean Bte. Tetreault, Jacques Surprenant and Fran9ois Snrprenant. On the 16th Luc Auger, Luc H. Masson and Damien Masson. ^ Ou the 17th were committed Alexandre Fournier, Joseph Kobillard, junr., Jean Bte Dumouchelle, Jos. Danis, Charles Larose, Franfois Grignon, Magloire Guindon, Edouard Beaution dit Major, Joseph Mal- boeuf, Felix Cardinal, Le'"»n Marie et Augustin Laurent dit Lortie. On the 19th was committed for high treason, William H. Scott, of St. Eustache. On the 20th quite a batch of prisoners were sent from the old jail to the new jail under this order •' Mr. Wand will receive the above mentioned prisoners from u ? old jail." — A. Duchainay, D. S. The names were Louis Courcelles, Ambroise Lapieire, John Anderson, Jean Bte Bousquet, Fran9ois Daonst, Franfois Kicard, Toussaint Langlois, Robillard, Am- 8 6 HISTORY OF THE broise Brunelle, Joseph Laporte, Hypolite Moyer, Ed. Villairs, Stanislas Roy, Modeste Roy, Hercule Du- mouchelle, Camii Damouchelle, Jacques Dubeau, J. A. Berthelot, Pierre Mari§, Gedeon DeLorimier, Charles Lemoine and Louis Adolphe Robitaille. On the 20th, same day, we find the following com- mitment papers of Louis Coursolles, Ambroise Lapierre, Jean Baptiste Bousquet, Toussaint Langlois, Hypolite Moyer, E. Villairs, Stanislas Roy, Modeste Roy, H. Damouchelle. Cam. Dumouchelle, P. Mari6, Cr. DeLori- mier, Chas. Lemoine, Jean A. Berthelot, which were sent with the above Patriots to their place of imprison- ment in the new Montreal jail. This ends the year 1837. MONTREAL PRISON 107 CHAPTER XI. Names an'i Comrn Imenls^of Patriots 1838. — Warrant of V. Nichola?. — M»3ssire A. M Ulanchelle. — Copy of Discharges by the Slieriff. In looking over all the ^commitments of the troubles of 1837 and 1838, I find that the general number is much mistated. In some histories, they state that the jails were full, but it is unknown what the actual num- ber was. 1 hope that hereafter the future historian will find positive information as regards the names and number of those who were arrested and suffered im- prisonment for a longer or shorter period, in 1837, '38 and '39. In beginning the extracts of the year 1888, I find that, on the dth January, there were committed Timo- thy Franchere, Louis Marchand and Richard A. R. Hubert. On the 6th, Jean Blanchette, Fran9ois Guerin, An- toine Rochon, Isaac Foisy, Jean Bte. Bellanger and Auguste Sanche. On the 8th, Janvier Brisebois, Thcophile Briseboia, Vital Mallette, and Joseph Rousse were admitted to bail. 108 HISTORY OF THE On the 10th, there were received into the jail : Joseph Maz, dit Lapierre, Fran9ois Segnin, Joseph Vadenais, Michel Frejean, Grnillanme Montplaisir, Paschal Yiger, Marcel Sanv6e,Christophe Daigneau, Francois Bertrand, Louis Brou: Hard, and Hugh Ward. On the 20th, Chs. Olivier, and on the 23rd, Franfois Nicolas. Ilis commitment charges him with, at St. John's, " Feloniously, wilfully and of his malice afore- thought killed and murdered, one Joseph Armand, otherwise called Joseph Ghartrand." On the 25th of this month, 16 prisoners from St. John's were committed into the jail ; their names are : Louis M. Decoigne, Franfois Eanger, Theophile Roy, Joseph Tellier, Leon Breault, Barthelemy Foissant, Jean Bte. Tremblay, Frs. Surprenant, Jean Jabotte, Luc Hebert, Olivier Glantenel, Joseph Oervais, Robert McMahon, Pierre R. Narbonne, Joseph Hebert and Dr. Leonard Brown. On the 27th, Joseph Duvernay and Benjamin Sene- cal. On the 29th, Jacques Demers, and on the Slst, Ijouis Charette. The very next day, the Ist of February, Joseph Ro- billard, Senr., Joseph Duval and R. P. Belair were committed for High Treason. On the find February, Audr6 A. Papineau, of St. Hya- cinthe, gentleman, for High Treason. On the 4th, Olivier Lanthier was committed. MONTREAL PRISON 109 On the 5th, the comraitments of Patrick Murray, Michael Dwyer, Peter O'Callaghan and Louis Papineau are recorded. i On the 6th, James Watts and Augustin Labrie were committed, and on the same day, Jean Bte. Dumou* chelle, Joseph Raymond and Eustache James de Car* ridre. The first came from St. Eustache, the second, from St. Scholastique. One-half sheet of note paper is all that is used in each of these two commitments. On the 8th, Noel Scott, Francois Lemaitres and Joseph Letorree were committed. On the same day, from St. Eustache, were admitted to jail William Blyth, Jerome Longpr^, Franpois Pillon, Jerome Latour et Andr6 Lavall6e. On the same day, were committed Moise Marches* fieault, Joseph Phaneuf, Medard Bouchard, Noel Duval, Morphile Lamaremy, Joseph Tougas, Louis LaBerge and Zephirin Girardin. On the 9th, we have the names of Louis Dirige dit Laplante and Etienne Lonctin. On the 10th, were committed Joseph Petit dit Laln- midre and Barthelemy Oodin dit Laparie, of the parish of Ste. Anne de Varennes. The same day, William Hnowdon, J. P., committed from St. Benoit, Hyacinth© Derouin, Alexandre Derouin and Jean Bte. Richer. On the 18th, Jerome Longpr6, sen'r, Medard G-agnon and Laurent Longpr^ were committed. Alex. Drolet was committed on the 14th. no //jsroA-y of the On the 16th, David Beauchemin, Jean Bte. Ethier, Jean Marie Latour and Jean Bte. Fluneau. On the 16th, Pierre Barriere alias Langevin, of St, Cesaire. This prisoner is handed over to the officer of " The Main Guard of H. M. Forces in Montreal." His crime is thus set forth. " High Treason and endeavour- ing to keep up the excitement in the country and also having refused to find bail for his future good conduct." The commitment is signed by Wra. H. Chaffee, J. P. On the 17th, H. Perrin, J. P., sends in a batch of four from St. Denis. Their names are Francois Richer dit Lafleche, Marcel Oordeaux, Pierre Mondor and Edouard Besse. On the 27th, Henry Corse, J. P., committed Gar9on' nette Lareau, of St. Anathase, bailiff for High Treason and Mr. Wand, the gaoler, is ordered to discharge, Edouard Lareau, of the same place, by order of the Att. Gen'l, Mr. Ogden, through the Sherirs Office." On the 1st March, four prisoners were discharged by order of Att. Gen'l : Pierre Roberge, Eusebe Blanchette, Alexandre D'Aigle and Charles Blanchette. Adolphe Dugas is committed for High Treason, also Jean Chav- leboin and Appolline St. Germain. Nothing Civerrs now till the 20th March when Samuel Hatt and Chs. DeSalaberry, J.Ps. send in Fran- 9ois Mac6 dit Sancene for •' High Treason." These Jus- tices are well known names of Chambly. On the 28th, by order of Att. Gen'l, there were dis- MONTREAL PRISON 111 charged Benjamin Poirier, Franfois Cabana, Benjamin Cabana, Francois Aubry, Constant Cartier and Fran- cois Eenand. I find on the 31 st March that " Messire A. M. Blan- chette " is discharged, having giv..>n bail. On the 2nd April, Fran9ois Molleur was committed. On the 3rd, Enoch Jacques, of the Township of Potton, under warrant of Thomas G-ilman, J. P. On the 5th, Joseph Mongeau. On the llth, James Murphy and Frany»"« J-"-!"" " { .fU^rwarfs tTpor..d Hebert Pierre, " N. G. Mathurin Michel *' « PapineauditMontigny A. " " Brunette Jacques " D Jleheu Barlh " KG. 160 HIHTORY OF THE On the 19th : Place of residence What became of hlnu Gidillot Jean Bte St. Philippe B. Guichond Hilaire " " Bonaire Edouard " D. Pirons Jos " " Fauteux Jean Bte '' N. G. Quintal Antoine " " VadeboncoBur Amable, " " Girouard Jean Bte " " Surprenant Medard.... " D. Dirige dit Laplante Ls.. St. Constant " Tremblay Isaie " " Laplante Jean Bte " " Dulude Martin " " Leclaire Frs Montreal 1' LeclaireJean " « On the 20th : Daoust Jos St Luc * « Proteau Andr6 Boucherville B. Jarrel dit Beauregard P St. Charles B. On the 2l8t : St. James Aug Laprairie D. TherienFran St. Cyprien " Bourassa Pierre Laprairie ** Goyette Antoiue " " Henry Fran Quebec " PageBenoit Ste. Marie B. Ponton Pierre Lacadie " On the 22nd : * MONTREAL PRISON 161 Place of residence What became of bim . Pare Tos Lacadie I '^° ^^ hanged ^*'® ^^^ Lacaaie | afterwards transported Dupuis Charles " Sent to N. G. Bigoinnesse Fran " { ,f Jwkr'ds tXrU,d V"donBe„o„i - { ^ft'^^lrd'^^ld Neveu L. G " B. DeLorimier Chevalier. Montreal Executed. Oampbell Marc Pointe aux Trembles B. L'Ecuyer Jos. L Chateauguay B. On the 26 th : Boudreau J. I St. Marc B. Allard Jean Bte Belisle D. Fratelin alias Braditch. John Dalmate Sent to Quebec. On the 27th : Lariviere Jos. P St. Eustache N. G. On the 28th : Perrigo James St. Martin D. Gedeon Brazeau " B. Gagnon Jos Chateauguay N. G. Merian Frs , '' '' Rochon Michel " " Demers Jean Bte St. Philippe " Legrand dit Dufresne T. jr.... " " Laplante Frs. snr " « Legrand dit Dufresne Isidore. " " Tremblay Julien " ^' Normandin Jean Bte " " Lefebvre F. H. fils de Frangois. " «* Gagner Pierre dit St. Come... "■ " Pousant dit Boileau L '^ " Lefebvre Eustache " " 162 HISTORY OF THE Place of reside Lefebvre Touss. fils de Celest. St. Robert Paul nee Philippe u 4< (( .4 4k U 4» • * .4 k« k« 4* M <• »* «» Wb»t became oflrtafr N. G. it DuDuis Toussaint fils u Dupuis Toussaint fiU dt Louis. Bouchard Michel u u Lefebvre Kdouard 4t Lefebvre Pierre « Dupuis Pierre, fils de Pierre.. Trecublay Joseph Giroux Pierre Oaiyneau Louis LangeviuJoc. fils de Michel. Lefebvre Qsleatin C M M 44 M W 4* M Lamarre LiNhi *< Iipf«bvr« Luc L^raiid dit DuAwMi Sn&ar. m lisma PmiI M jafpinswt dit L«fontaiae A. «• .Aii«»l»i«>. lir m. BMMlciM fl< CJll0nMMH)f til I t* MONTREAL PRISON 16^ On the 2nd. PlAOe of residence What beeam e of bim^ Couture Guill Lapr^sentation N. 6. Nadeau Fran " " Roberge Pierre " ** Racicot Fran " « Lamontagne Andr6 St. Hyacinthe N. G. Morison Donald G '* D. Papineau Andr6 A " B. Pacaud Philippe N " ** Tetu J. F « «* Laparre J •' *♦ RotoUille Hyactntbc... '* *• Robeife Olivier *• 0. nmneuf Pierre C Bl. iteisaM Bl T«Mif'rFran.. , ** O. %&ni**' irnrn^ *• •• C^ 1^ Sfd. timiii B«Mi«« Ch«i«ti^u«f ttimt t« .1. Hi. HMtl4>fl. • •• An. .. •" • ^teMi. «^WP '^^wWt' Hi »' ^4 HISTORY OF THE Plaee of residence What bee«me of him . Hamelin Frs. X St. Philippe Executed. Longtin Jacques Si. Cn.Un. { , J^.'*,r'iS"^t.d. Daigneau Jacques " M. G. Kob.rlTb*.phil. St EdouTd { Af J™1r!ln"?^-d. f'insonneaii Joseph Bt. Constant N. G. H,„»„„„,.U Pud H.. Ph,l.pp. ) ^Z^^,^^,^ Uu thi^ Uth f 'asirram J«an U-WHsiim B ii4>hen Arnaht* mm 4. n. a UUmutOtt " la^^ tr^mmm Vn *• M tktiaHStii^ t€»fm^ni...^ M'l'hiU^jm Tniitii Umm, p » HT" VI H 1 t»l» A«. r 1^ MONTREAL PRISON 165 PIttce or rMidence Wbal haeame of bim . Vien Ant Yamaska O. On the 19tb Surprenan.Tho-na. Sl-Philippe [ .f^'jJlf,^^.*"^^. ()d the 20th. "*••"'«•» ••>• * Philippe ( ^l^^^^r^ "«"•>" '■■■ p " 1 .J™^!;«^ '■■»«'"'■ " •■ iJX'-.ri:^;^. On tN3^ ^wtmnwf Vf% -. WamxrmmX IH^ ■C ill flHMs^M' a -||pl|P ^jWr 166 HISTORY Of THE Place of residence What became of btm . Courioux Gabriel 8t Marc N. G. January Ist 1839. Wadley Taylor Hatley a On the 4th. LedueR^n^ ScTbimoth^ B. 0«a..ocMl.J«. - {.J;;'1„^.X. RorhonTwj. Hwuiharnoii ! w.^** ^. ***''^^ ( aiterw trant^jortad PnrMr K. m..,.,. ill Thiraolli^ } ^^*^ hai.K*.-! "*"*** i aft4»rw trati*^ort«^ { %ll9 !• I* il, iMHi ¥m t)» l» ll» H sMk HUB) i^^^^^^^^i^A Iji 1 MONTREAL PRISON 167 Place ot residence Boyer Jean Bte St. Edouard Boyer Louis " BoyerJosepb '' Robert Prosper " Raymond Jos " Lanctot Ant " I'msonnauit Rone " \ Dupuis Bemabe. St Constant LoDgtin Ifoyse... La Tortue ] Vandal Anioine. SL Athaaiae Remtiiard Ed Lacidie Mandat Chaa ^ St Riilippe | Coupai Jo«....».«». " Habert Dairi4..» 9L Cffmmi HttiMMitMBault Louit. . 9t Rcmi ' PiwT. m Valentin Wbat became of him. B. B. D. B. D. B. To be hanged afterwards trrnsported D. To be hanged afterwards transported a D To be banged afterwards bailed. a B To be haapi a^«rwards! it raiMMs Ia TortiMi fl Ob HI Ml m ft nais m» MMi *< ^Smmvf^ i68 HISTORY OF THE Onthe 18th and 22nd. Place of residence Nicolas Francis Lacadie Surprenant Fre ~ St. Philippe j Lavoye Pierre St. Cyprien | Coupal Ant Lacadie \ Bigonetse Fr« St. Cyprien j Marc«au4o« Lacadie ] Oligny Isaac ^•••« ••••• ..... St RAmi On theSmh niliominique "^L VatiiiUii M 0i *• mil. ummm f i Wb»t became of blm . Executed. To be hanged afterwards bailed. To be hanged afterw. transported. To be hanged afterw. transported. To be hanged afterw. transported. To be hanged afterw. transported. B. ft. R To be h Te he II MONTREAL PRISOX 169 On February 2nd 1839. Place ol residence W'bat became ufbim. Tremblay Touss. V St. Philippe B. Chamberlain Erastus... St. George D. Tessier Michel St. Timothee B. Molt Benjamin Vermont | ,. '^^ ^. ^*"»'^'^. ^ ^ ( afterw. transported. Bourdon \^m* St.Cesaire f ,. '^** *^, \v^xi^^ ( altera . transported. Bonwuel Jean Bte - i To be hanged ^ ( afterw. tran}i{>orle. Heauchamp Ovid« Cbatcsuftiajr Boiidfviiii K '* IL CIn thm flh l|jir« h (StmyHifim Ileatibartioit I tJ^^. i^vinCha* .HI. Martiu j ^^ ^ ^ ^-^ ^..^ ( T« b»ii I •t 170 HISTORY OF THE Piftce of residence What became of blm . Rochon Jeremie St Vincent de Paul { '^a'ft^ t^aSfp!* _ , , J, , . ( To be hanged Roy Joseph Beauharnois | a ftervv. transported. Trudelle Jean Ble Chateauguay | aftlr'^^^tranr^^rid. TreinblayEd Beauharnois | aftenJlrdri^utd Charbonneau An St. Timothee | aften^ardMbltfed HebertJ 1> St. Cvprien \ Jo be hanged Patentudf? Clo' -i 8t.Con.Unt | jf^J^fll'rd^J^'JSlid. ... \M ^ ( To be hanged Hot »*»"»« Beauharnoi. ^^ ^^^^^ iran»j!>rted. C To be tiantft'd TremWay Philipp.* ** } ifierw.rd. bail«l. . . „ ^ «.^ . } To b*" hangwl v«rdoti j^n«»i iM. a^Mra | art«rw«rd» l»i4«d (Vnidrton ilitf. ..•....».. Hi tfiMflMaa i>- P. B M it Btiwi Ol ll«atrefti it MONTREAL PRISON 171 Place of residence Wbat became of hiu . Smith Natkin Michigan Sent up the country. Pen Benjamin F New- York " Hull Henry L " " Parker Glancey Michigan " May 22n(l Blanchette Chas Lapresentaliott D. AllardJos. T Varennes " PoirierJ. Bie St. Mathieu '« June tith. Ou^rin Francif St. Euilache %, ^«wcombe Henry <*hateaugu»y Wl June Hth, 12 and 13. I^ngloii .rar^tiM QiMbn % Vifi»r Bona^eiUiir». BoiirhemUe % Vifer Hilancn Bou«rol aadar a writ of H. V. «id iitt«4 to baii by tt^i Hen Hia G*«rf« Pyk^* o«« of JwlMaa of lh<« C of K. M . ^nd tK«>r(>np"« di«^ mi F«lHniarT 1m41 I. If . IIki«i»i.£, 9 li^ MHlfpi l^pMu MONTREAL PRISON 173 show to them that a good number of English names figure among the Patriots of 1837-38-39 I now gieve in chonological order of arrest as near as possible the names of all English speaking persons arrested. T. S. Brown was no( arrested but escaped to the States. Dr Robert Nelson • '' ' Bd. B. O'Callaher *• " " " '• " " John Rvau " ' ' " " In chronological order ot commitment. Georg«> Dillon, flrat Rngiish speaking Patriot arrested and «*«nt to Jail ; A. K. Barclay , Daniel Forties ; Dr Wolfred NeUon : Wro H. Hcott : HuKh Ward ; Robert Mrliahoa ; Dr. Leonard Brown ; Falrirk Murray , Peter O'Callighan ; S9\\ H<:ott , Wm. Hiyth ; Jamep Watts ; Enoch Jar^fiiM ; J. Murphy , Wm Allan , Patruk Flanagtian , Hugh F^Mfnan. Wm. Wbiilof k . Mh :ha#i Dwyer ; Donald G«orge MorriMMi ; A. Qtart«*i Hradv . John \\f\%t\ Bales Daniel Woifred : l^fHain Taylor Wadky , John *-»quir«*s , Jam^* Johnson . Jowfph \\m\^j . imam Perrifo , VMmnfB Putown , Hie|^h«ii H««>v«Hi Fr«wni«ft Miller , Henrr SVwromb , Jotin MeDofiaUl L J ifji«k'«i iitUu Ikttu^fimut ioliii Fuiivni . <-h«rles iiewitt , Umm li» [tsm S»>gu« . J«liii H Wefaatwr ; Pttmck tl^f* * ,*^00-f l^tmati < h*tim Hm^eUrif Htrnjafiiffi M Umt Otnpitll. Smmk tiiiili Thm. I. MihtfliM s^uif* Imfm mmm m. CMm^t hu W Piiriip , WWfW^f , m W' JwWw ■■HHV „ •■■■I WKtWWt , FlweK"iS nMNM . mHiW^WI fSeSW Wt'^BBiP? 174 HISTORY Of THE CHAPTER XIV. Burning of the Parliament House. — Excitement. — M-ssrs. Macii, Ferris 4c — The Riot by an eyewitness. — Colonel Gugy.— Mr. Powell M. P. for Carlton. — Quebec Mercury of 1855. — Copy of commitment of Mack and Ferris Ac. — Discharge of those suspected of arson. I now come to a very eventful period in the History of Montreal and consequently of the Montreal G-aol as several of the actors of this drama were incarcerated therein for complicity or connection in the Burning of the Parliament Buildings where now stands St. Ann's market. A great change had come over men's minds during the past ten years. As regards those men who- had risen in arms against their country in 1837-38 and it is not to be wondered at, that when many of them after their return from exile in 1842 received Grovern- ment appointments or were returned as members of Par- liament, that something was done to recover their pos- sessions and properties lost during the uprising of these years or to be indemnified therefor. At this period a Bill was brought before Parlianfent to indemnify all losses incurred during the rebellion and to restore pro- perty and land to their original owners. This was bitterly opposed and the utmost amount of ill feeling generated betwe*^ the opposing parties. Montreal was in a terrible ferment anent this bill. We will give an extrac ." ^m my "History of Montreal " of this period where i ^/« : MONTREAL PRISON \lb " During the session of Parliament in 1849, a Bill was introduced and passed providing for the payment of losses sustained during the Rebellion. The British inhabitants were indignant that any such Bill should have been introduced, and every means were taken to prevent its passage through the House. When it had been passed, great anxiety was manifested as to wheth- er it would receive the sanction of the Governor-Gre- neral. On Wednesday, the 25th April 1849 a day which will bo long noted in the annals of our city, Lord Elgin proceeded to the Parliament House to sanction the new tariff, and other Acts. About jfive o'clock in the afternoon he sanctioned a number of Bills, and among them was the objectionable Rebellion Bill. No sooner had the Bill become law than the information was conveyed to the crowds in waiting outside of the build- ing, and when His Excellency appeared he war received with groans and pelted with stones and eggs The excitement was intense. Printed notices were posted in various parts of the city, calling a mass meet- ing to be held immediately on the Champ de Mars, and by eight o'clock an immense number of persons had assembled, when, after some strong resolutions had been passed, the cry was raised ' To the Parliament Buildings. " The House of Assembly was engaged in discussing the Judicature Bill, when a loud shout gave the members warning that ;. riot was fomenting outside. A number of stones were now thrown through the windows, and in a short time there were but few squares of glass left unbroken in the whole range of the buildings. 176 HISrORY OF THE By this time the members had all retreated, when about a dozen persons entered the Assembly Hall, and one of them of the name of Courtney boldly seated himself in the Speaker's chair, and muttered something about dissolving the Parliament. The others then com' menced the work of demolishing all that came before them, sticks being thrown at the glass globes on the gasaliers which were beyond their reach. The cry of fire was now raised, and it was discovered that the building had been firtd by some of the mob. The fire spread with great rapidity, and in half-an-hour the whole building was wrapped in a sheet of flame. No attempt was made to save the building, and the engines were only used upon the surrounding pro- perty. By this fire the valuable library, containing the archives and records of the colony for ov^r a century, was completely destroyed. The only article saved was the mace belonging to the Lower House. The party who saved the mace carried it to Donegani's Hotel, and delivered it to Sir Allan McNab. The mob now proceeded to the residence of Mr. La- fontaine, and set it on fire, but through the efforts of some of the citizens the flames were extinguished, but the whole of the furniture and library was completely demolished. Several other houses, occupied by obnox- ious members of the Parliament, were also destroyed. It was feared that the Governor might suflfer from the violence of the mob. He therefore left his residence at Monklands and remained in the city under the pro- tection of a military body. MONTREAL PRISON Ml On the 26th, Messrs Mack, Howard, Ferris, Montgo- mery and Perry, were arrested on the charge of arson, and were committed for trial. A crowd of nearly 3000 persons accompanied them to Jail, but no violence was fihown. The Parliament building destroyed during this riot, was originally the St. Ann's market ; the interior of which had been remodelled for the accommodation of the Legislature. It was 342 feet in length by 60 in width, the central portion projecting four feet beyond the wings. It was constructed of Montreal limestone and though plain, its only ornament being a portico at either end, presented an eflfective apparence. " The excitement continued and men of all ranks then invited the interposition of the Americans. The popu- lar feeling on the British side was roused to madness, and threatened the integrity of the Empire. It was seriously and openly proposed to sever the connection with Britain and annex Canada to the United-States. Does not this seem amazing ? Not more than 10 or 11 years had passed and these same annexationists were Constitutionalists against the Patriots of 1837, 38, Now they are exactly in the same position as the French party during that period. Two days after the obnoxious Bill had passed, a riot took place and Colo- nel Gugy was of the greatest use then in calming the populace. An eyewitness of this thus describes it ; •• Having worsted the police, and defying the troops the populace assembled round the government house, bent on taking it by storm, and killing Lord Elgin who was in it. Without Colonel Gugy the attempt would 178 HISTORY OF THE Jiave been made, but walking cooly up and down he soothed the multitude, and persuaded them to desist- So happy was he in his manner of dealing with them that, notwithstanding his opposition to their wishes, they carried him home on their shoulders in triumph. Neither the police or the troops produced any effect on the infuriated multitude. The administration there- upon put muskets into the hands of a body of French Canadians who were drilled and intended for the re- pression of the British population. The latter arming themselves, marched in a sort of military array to attack the French, and a terrible night conflict was about to tak« place in the streets o*" Montreal. To pre* vent it, a wing of the Tlst Regiment, and two guns loaded with grape, were drawn up, with orders to fire with effect on the advancing multitude. The latter had nearly reached the limit assigned them by the officer commanding, and the troops were about to fire, when Colonel Gugy met the crowd and threw himself into its midst. Ascending a lamp-post, he addressed them for upwards of two hours without faltering, eventually inducing the multitude to disperse. It was like a man tied to the guillotine, making a speech with the axe pendent over his neck. If it be true, as it is true, that but for his intervention, four or five hundred natives of the British Isles might, or would on that occasion have been slaughtered by the troops, it is manifest that the connexion with Britain must have been severed. " Mr. Powell Esq. M. P., for Carleton writing in the " Quebec Mercury " of date 4th January 1855 and recounting the events of this memorable night, thus says : MONTREAL PRISON 179 *' There is a dark spot in the page of Canadian his- tory ; the angry passions of men were aroused by an act which was by them deemed to e.rtend, not only the sanction of the law to treason, rebellion and murder, but worse still — to reward them. The spirit of those who had lived obedient to law all their lives rose in pas- sionate revolt against an enactment to their minds sub- versive of every principle of religion, morality and law. The flames of the House in which the statute was passed, with all the most valuable records of the coun- try, fearfully attested the state of men's minds. It was at such a moment, when energy and determination were most required, that the energies of those whose duty it was to quell the storm seemed thoroughly paralyzed. There was one man, at least, who proved an exception to the prevailing cowardice. That man was Colonel Q-ugy, Dark as is the memory of those days, they would have been darker still but for him. Not only did he throughout those trying scenes, by his influence — by his example — by his unwearying exertion, restrain the passions of the enraged multitude, but on one particular occasion he stayed the tide of riot, of bloodshed, and what might have terminated in a rebel- lion worse than that which had been so lately rewarded. "Well do I remember the second night after the Par- liament House was burnt, when the tidings spread like wild-fire through the City, that the Government had armed their supporters in the suburbs, and that even ftt the moment they were assembled at Bonsecours Market. A spirit was evoked in i-he breast of every opponent of such a rash and one-sided act as the arming 180 HISTORY OF THE of one part of the population against the other, that boded fearful results, had the flame once burst its bounds. Arms were in the hands of every man and boy who could bear them, and a stem determination in the minds of all to meet in deadly hostility. The military were drawn up across Notre Dame street, near Jacques Cartier Market, cutting off communication by that street. It was at this time when all were resolved to force their way through the armed troops to reach the Bonsecours Market, that Grugy appeared amongst them, and from the paling on which I was standing by his side, addressed the assembled multitude, and by his commanding eloquence, his boldness, his energy and strong common sense, succeeded in allaying the popular excitement, and inducing all to disperse in quiet to their homes. Had he not been the instrument in the hands of that Power who rules over all, He alone knows what might have been the consequence of the shedding of the blood which must have flowed on that night. Up to the present time, I have never, amid all the obloquy which has been heaped upon his name, seen one word of tribute in justice to conduct which was as honorable to the man, as invaluable to our common country. Such is the testimony of an eye - witness^ Under a lamp elevated about ten feet, above an armed and infuriated mob, in the lull glare of the light, hearing the imprecations ot the frantic mul- titude around him, varied by the occasional flash of fire-arms and the whistlng of a ball. Colonel Q-ngy was a mark which no man could miss. He could at any moment have been killed, even with a brick MONTREAL PRISON 181 bat, and as every man has his friends and his enemies, he must have felt that his time was at hand. He knew that within a hundred and fifty yards were two guns charged with grape — and upward of 200 soldiers with guns loaded and capped, and he must have heard the officer in command press on the troops the necessity of firing with effect. He must have felt that any half dozen imprudent or drunken fellows might have brought all the fire upon him. Yet, for two long hours and more, despite continual interruption, he never faltered. Avoiding all irritating topics — gently insi- nuating respect for order — appealing to the hearts of his audience — drawing affecting pictures of desolated hearths, widowed mothers, and helpless orphans, — soothing this one, cracking a joke with another, then provoking the laugh which indicates the calming down of irritation ; he eventually induced the assem- bled thousands peaceably to disperse. He performed the same part on several evenings, always at more or less risk, and it is undeniable that it was owing to his efforts that no blood was shed. On the night above referred to, considering the proximity, number, and disposition of the soldiery, with the dense mass of closely packed thousands in the street, no one can affect to rate the killed and wounded, had the troops fired, otherwise than by hundreds. " I now insert the warrant of those who took the most important part at this time and their discharge. The first is the following : HISTORY OF THE Province of Canada) /^i^^,^,,^^ „„^ -d^.^™ m^lTict of Montreal S ^^^^^^^ ^^ ^«^ ^^^^^^ William Ermatinger, Esquire, one of the Justices of Our Sovereign Lady the Queen, assigned to keep the Peace in the said District. To the keeper of the Common Gaol of the said District. Greeting : "Whereas "William G. Mark, Esquire, x4.dvocate, James Moir Ferris, gentleman, Augustus Hev^ard, merchant broker and Hugh E. Montgomery, merchant, all of the Parish of Montreal, in the said District, stand charged upon oath with having at Montreal aforesaid on the twenty-iith of April instant, maliciously and feloniously caused and instigated a mob of which they were the leaders and principal instigators to set fire to and con- sume the Parliament House in the City of Montreal. These are therefore to authorize and command you, to receive into your custody the said "William G. Mack, James Moir Ferris, Augustus Heward and Hugh E. Montgomery and them safely keep for future examina- tion. Given under my hand and seal at Montreal the 26th day of April 1849, in the twelfth year of Her Majesty's reign. "W. Ermatinger, J. ?• Mr. Alfred Perry's commitment is one by itself MONTREAL PRISON 183 The second document is the discharge paper and thus reads : Province of Canada ) District of Montreal \ To the keeper of Common Graol of and for the said District. Discharge out of your custody the bodies of William Mack, James Moir Ferris, Augustus Heward, Hugh E. Montgomery and Alfred Perry, they having been admitted to bail. Montreal, 28th April 1849. W. E^MATINOER, J. P 184 HISTORY Of THE CHAPTER XV. St. Albans liaid. — Names of the Kaiders. — Trial of the same. — Last remarks of Judge Smith. — Returns of Louis Payette, Gaoler. — Extracts from the speeches of Mr. Kerr, Hon'ble Mr. Laflamme, Mr. Strachan Bethune, Judge Johnson and Hon'ble J. J, C, Abbott. I now come to the most important trial ever held in Montreal, that of the St. Albans's Raiders. During the terrible fratricidal war between the Northern States of America and the Southern a band of young men sworn soldiers of the Confederate army, entered from Canada the State of Vermont and raided the Town of St. Albans in that State and after committing certain acts of violence escaped back to Canada with their spoil. Almost all the remarks which will be made on this aflfair have been culled by his permission, from a well digested and written volume of the History of the Trial by L. N. Benjamin, Esq., Advocate, of Montreal. The namep of those incarcerated in the Montreal Jail and tried for this offense and acquitted are Bennett H. Young, Samuel Eugene Lackey, Marcus Spurr, Alexander Pope Biuce, Charles Moore S wager, Caleb McDonell Wallace, Joseph McGrorty, George Scott, "William H. Hutchin- son, Dudley Moore, Thomas Bronsdon Collins, James Alexander Doty, Samuel Simpson Gregg and Squire Turner Teavis. These men according to their com- mitment did rob tiie Bank of St. Albans of $70,000, and one man, a depositer at the time, of $300. The best array MONTREAL PRISON 185 of legal talent that the Province could produce was enlisted on both sides, but it mast be averred that the prisoners counsel carried the day and were completely sustained by the Privy Council of England. When the cise was opened on Novecaber 2nd, 1864, the Court was crowded. Hon'ble Mr. Abbott, Q. C, Hon'ble Mr. La- flamme, Q. C. afterwards minister of Justice in the Mc- Kenzie government at Ottawa, and Mr. Kerr, Q. C, were the lawyers who appeared for the St. Alban's Raiders, Mr. Devlin Q. C, since dead, appeared for the United States' Government, associated with the Honorable M. Edmonds of Vermont, Mr. Johnson, Q. C, now Hon'ble Judge Johnson, senior Judge Court of Review, and Mr. Carter, Q. C, since dead, represented the Crown ; Mr. Strachan Bethune, Q. C, the Hon'ble John Rose, Q C, and Mr. Ritchie, Q. C. were also, con- nected with the trial. It began before Judge Coursol who dismissed the prisoners as he held, he had no jurisdiction ; then coming before Hon'ble Judge Smith, after a long and most careful examination of facts and documents and after speeches remarkable on all sides lor terseness, fluency and fervour, His Honor concluded his summing up of three hours and a half, on December, 13th 1864, in these words : " I am therefore constrained to hold that the attack on St. Albans was a hostile expedition autho- rised both expressedly and impliedly by the Confederate States: and carried out by a commissioned officer of their army in command of a party of their soldiers. And therefore, that no act committed in the course of, or as incident to, that attack can be made the ground of extradition under the Ashburton treaty. And that if 13 186 HISTORY OF THE theie had been any breach of neutrality in its incep- tion, upon which point I state no opinion, it does not affect this application, which must rest entirely upon the acts of the prisoners within the territories of the State demanding their extradition, and upon their own dalu$ and authority as belligerents. '* I am bound to scrutinize with a greater degree of caution, the circumstances of any case which ap- pears to possess a political character, or which seems to grow out of the struggle which is now proceeding. And I must be the more scrupulous in weighing the pretensions of the prisoners as to their justification by their possession of a belligerent or political character, when I know, that the defence arising out of such a character, which England would recognize as valid, if sustained, would not even be received or listened to in the United States as being sufficient in law, however fully substantiated. This question was discussed in the United States, during the trial of the " Savannah " case ; and the defence of the prisoners that they were commissioned belligerents, was ignored by the dictum of Judge Nelson, charging the jury, as matter of law, that neither he nor they could take that defence into consideration at all, until the belligerency or indepen- dence ofthe Southern States was recognized. It behoves us, therefore, to be satisfied that the offence of robbery, according to our interpretation of the position of the Confederates, has really been committed, before I con- seu: to order these prisoners to be remitted for a trial of the issue they raise in their defence, to a tribunal which would ignore that defence as insufficient in law, however satisfactorily established ; and I consider the MONTREAL PRISON 187 remarks of Judge Grompton already referred to, as being peculiarly appropriate to such a condition of things. With this view of my duty, I have gone carefully and at perhaps unnecessary length into this matter. I have considered it proper to enter at greater length into the examination of some questions, which perhaps in them* selves admit of no great doubt, but upon which in my humble judgement erroneous views have been enter- tained, and urged with great earnestness at the Bar. I have endeavored to guide myself, by what is recognised as law by the civilized world, instead of suffering myself to be swayed by popular cries, or by the pas- sions and influences which the proximity of this lamen- table convulsion has stirred up among us. And I have come to the conclusion that the prisoners cannot be extradited, because I hold that what they have done does not constitute one of the offences mentioned in the Ashburton treaty, and because I have consequently no jurisdiction over them. I am of opinion therefore that the prisoners are entitled to their discharge." At the end of this charge loud cheers arose in the Court House which the officers could not suppress and which were taken up and repeated again and again by the crowds in the lobbies and outside the building in the streets. The prisoners were remanded for some days after and at the next meeting of the Court, Mr. Devlin stated that he had been officially notified by Honorable Mr. Cartier, that on account of Judge Smith's decision it was the intention of the Government of the United / •188 HISTORY OF THE States to withdraw the charges against the prisoners, a& the Canadian Government intended proceeding against the St. Alban's Raiders for breach of neutrality laws. From the 20th October 1864 when the raid took place and for months after the people of Canada were wonderfully affected and divided between the North and South. During this year 1864 a very large number of refugees from the Southern States came to Canada. A great deal of correspondence occurred, as was natural between the two governments, and in these letter* from the United States Government were repeatedly sent thanks to Canada, for its loyal observance of the laws of nations. In fact Detective Police and numerous volunteer forces were stationed on the frontiers by the Government of Canada to prevent hostile attempts against the United States and to show its regret for what happend in the St. Alban's raid — many thousand dollars in gold were paid by the Canadian Government to the United States, to compensate the Bank for its loss. The raiders were eventually all liberated and one or two of them returned to Montreal. They had received back by order of Judge Smith all their money arms and property — the private papers only remain- ing on record in the Court Rles, as these files could not be mutilated by their being taken away. Thus ended this famous trial — the most famous excepting those of 1837-38 ever in Canada. To understand this remarkable trial and see nome of the salient points connected with it and to give our reaaors, who mostly have forgotten all the circums- tances connected therewith, a sketch of it, I will first insert the return of Mr. Louis Payette which explains everything. MONTREAL PRISON 189 PROVINCE OF CANADA, District of Montreal. I, Louis Fayette, keeper of Her Majesty's Common Gaol, in the city and District of Montreal, in th^ Province of Canada aforesaid, do hereby certify and '•eturn our to Sovereign Lady the Qaeen, that before the coming of the annexed writ to me directed, to wit, on the 27th and 29th days of October, one thousand eight hundred and sixty-four, the body of William H. Hutchinson therein named, was committed into the said Gaol of our said Lady the Queen, under my custody, by virtue of two warrants, under the hand and seal of J. P. Sexton, Re- corder of the City of Montreal, and Charles J. Cour- fiol, Esquire, Judge of the Sessions of the Peace in and for the City of Montreal, which said warrants are in *he words following, to wit : PROVINCE OF CANADA, ) poLICE OFFICE. District of Montreal. ) To the keeper of the Common Gaol, of the said Dis- iL 8 1 *"°** greeting : Whereas William H. Hutchinson of the parish of Montreal, in the said District, laborer stands charged upon oath with suspicion of felony : These are, therefore, to authorize and com- mand you to received into your custody the body of the said William H. Haichinson and him safely keep tor examination. Given under my hand and seal at Montreal, this twenty-seventh day of October, one thousand eight hundred and sixty-four, in the twenty*eighth year of Her Majesty's reign. (Signed) J. P. SEXTON, Recorder. 190 HISTORY OF IHE PROVINCE OF CANADA, \ pnTTnrnp'PTrR' Bhtricl of Montreal. S POLICE OFFICE. To all or any of the Constables or other peace officers Ft s ^^ *^® ®^^^ District of Montreal, and to the keeper of the Common Gaol of the said City of Montreal, in the said District of Montreal, greeting : Whereas William H. Hutchinson, late of the Town of St. Albans, in the State of Vermont, one of the United States of America, laborer, now in the City of Montreal was this day charged before me, Charles Joseph Cour- sol. Esquire, Judge of the Sessions of Peace, in and for the City of Montreal, on oath of Marcus Wells Beards- ley and others, for that he the said William H. Hut- chinson on the nineteenth day of October instant, at the Town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with a certain offensive weapon and instrument to wit, a pistol, commonly called a revolver, loaded ■with powder and balls, and capped, in and upon one Marcus Wells Beardsley feloniously did make an as- sault, and him the said Marcus Wells Beardsley, in bodily fear and danger'of his life, then and there did put, and a certain sum of money, to wit, to the amount of seventy-six thousand dollars current money of the Baid United States of America, and of the value of Beveniy-six thousand dollars, current money aforesaid, of the moneys and property of the Franklin County bank, at St. Albans aforesaid, a body corporate, consti- tuted and recognized by the laws of the said State of Vermont, from the person, custody and possession and against the will of the said ^Marcus Wells Beardsley, and in his presence then and there feloniously and MONTREAL PRISON 191 violently did steal, take and carry away, against the form of the Statutes of the said State of Vermont, in snch case made and provided, and against the peace and dignity of said State. These are therefore, to com- mand you the said constable or Peace Officers or any of you, to take the said William H, Hutchinson and him safely convey to the Common Gaol at the City of Montreal aforesaid, and there deliver him to the keeper thereof,] together writh this precept ; and I do hereby command you the said keeper of the said Common Gaol to receive the said William H. Hutchinson into your custody in the said Common Gaol, and there safely to keep him until he shall be brought before me for the purpose of an examination upon oath of any person or persons touching the truth of the said charge, in conformity with the provision of the Statutes made to give eiFect to the Treaty between Her Majesty the Queen and the United States of America, for the appre- hension and surrender of certain oflfenders, on the second day of November next. Given under my hand and seal, this twenty-ninth day of October, in the year of our Lord one thousand eight hundred and sixty-four, at the said City of Mont- real, in the City aforesaid. (Signed) CHAS. J. COURSOL, J. S. P. And that this is the cause and the only cause of the capture, commitment and detention of the said William H. Hutchinson in Her Majesty's Gaol aforesaid, the body of which said William H. Hutchinson I have here now as by writ it is commanded me. 192 HISTORY OF THE Attested at the city of Montreal, in the said District of Montreal, in the said Province of Canada, this twen- ty-ninth day of October, in the twenty-eighth year of Her Majesty's Reign and in the year of Oar Lord one thousand eight hundred and sixty-four. (Signed) LOUIS PAYETTE, Gaoler. In the following extracts of the speeches of the Tarious Counsel both for the prosecution and defence, the reader can at once discern that as remarkable a display of talent and erudition is seen in them as in any of the speeches of the great trials of Upper Canada or the United States. Extract of Mr. Kerr's speech : " To me has been confided by my learned friends the duty of opening the case for the prisoners. It is, I can assure your Honor, with fear and trembling that 1 take upoa myself the responsibility necessarily attaching itself to my position. Not that I believe that our cause is weak, not that I am afraid that our just claims will he ignored ; but the great importance of the principles involved, the magnitude of the interests at stake, and the almost boundless field for research and argumei)!: which spreads itself before the Counsele mployed, — all tend more thoroughly to bring before each of us his own utter incapacity to render their meed of justice to the rights of our clients. That this is one of the most important cases ever presented for the consideration of our Courts, will not be denied ; — that it has already prQ4uced a greater effect upon the passions and preja- dicns of men both in Canada and the former Un}te4 MONTREAL PRISON 193 Siitates, than any other " ca^ie ciliibre'' in this Province, will readily be admitted. It has been the moving cause of a call to arms within the Colony. It may justly be looked upon as the origin of those fears which culmi- nated in the denial of asylum to political refugees by our Provincial Parliament. From it the careful obser- ver can trace the origin of the pressure brought to bear upon our Judges, to induce them to degrade the palla^ dium of the law into the minister of the temporary passions of the Government, and the servile instrument of the interests of the United States. The very papers produced by the prisoners were bought by the price of blood, for one of the messengers despatched to Richmond to obtain information for your Honor, but the day before yesterday expiated the crimes of being a loyal soldier, a true friend, and a gallant patriot, on the gallows at Johnson's Island. Your Honor can read in the treatment of the messenger, the certain fate of those who sent him on his errand. Cursed be the hand which spareth, is the motto of the United States. Can it be wondered at then that the knowledge of our responsibility in the grave task we have undertaken should weigh so heavily upon us ; that it should like a pall hang over us whithersoever we may go. But all that we ask — all that we pray for — is, that it may not so deaden our energies as to render us incapable of laying before you fairly, manfully and faithfully, all Che points in this most interesting case, with the prin* ciples of law which define the positions of the prosecu- tors, the prisoners and the judge. " Mr. Kerr is very sarcastic in his remarks on the Upper Canadian Bench and Bar. He says — " It might 194 hlSTORY OF THE perhaps be as well here to refer to some of those causes celehres which have rendered the Upper Cana- dian Eench and Bar so famous throughout the world. Heaven knows that we poor Lower Canadians have no pretention to cope with them in any field of either in- dustry or talent. "We are, with all due self-abasement be it spoken, an inferior race fitted by nature for the barren, bleak, miserable country we inhabit. Content to live and die as our fathers did before us, we exist without any of that noble fire which occasionally leads men to do deeds reflecting honor on their native land. We plod on in the weary round of politics and law most congenial to our temperaments ; we cling to the Coutume de Paris ; we reverence Blackstone ; we dislike novelty, and we abhor new fangled ideals of jurispru- dence. We have been ridiculed and laughed at for our stolidity. We have been abused for our ignorance. We have been told that the Bench of Upper Canada is composed of men renowned, alike for their talent, learning and integrity. We have been assured that celebrated men cluster at the bar of that portion of the Province, thick as grapes in a vinery. We have been advised to listen to the words, pregnant with research, and learning, uttered by the ministers of justice in that favored portion of God's earth. — We have been recommended, in lieu of studying the speeches of Ers- kine, Curran, Burke, or Plumkett, to open our ears to the ravishing melody of the utterances of Upper Cana- dian counsel, and from the models of eloquence and style by them set before us, to form our ideas of the persuasiveness and powers of Demosthenes and Cicero. Wis had fondly fancied that had the Upper Canadian Bench but the opportunity, the exceeding talent and MONTREAL PRISON 195 learning of its members would have been so displayed before the eyes of the whole world, that scientific men throughout Europe and America would have hailed them as worthy recruits to the select band of interna- tional jurists whose writings have shed light on the darkest pages of the law of nations. "We in this Lower Province, would have humbly rejoiced at the glory thus reflected on our native land by its distinguished citizens, and the cosmopolitan reputation of Canadians would have kindled a blaze of enthusiasm in our frigid bosoms. But alas, how has the reality deceived us ! On two different occasions the Upper Canadian Bench has been tried, and on both found wanting. The case of Anderson, the negro apprahended for slaying a man in Missouri, who endeavored to arrest him whilst making his escape from slavery, was the first which shook our confidence. There the Court of Queen's Bench laid down the monstrous doctrine that they could not take into consideration the other facts depri- ving his act of the criminal complexion, but were bound by the mere fact of his having killed a man, to commit him for extradition. A trial in a slaveholding country being a necessary consequence, and A.nder- son's execution being the only conclusion they natu- rally could expect from that action. Not content with thus perverting the law as applicable to the negro's act, they arrogated to themselves a jurisdiction to which they had no right, and committed the accused upon their own warrant for extradition. Public opinion in England roused by this frightful injustice, pronoun- ced itself so strongly against the judgment and action of the Upper Canadian Court, that a Writ of Habeas Corpus was issued from the Queen's Bench in England 196 HISTORY OF THE to bring Anderson, and the commitment under wiiioh he was then held, to England before a tribunal compe- tent to appreciate and understand the principles of law applicable to the facts. Struck with disihay at the issue of the English writ, the Upper Gcnadian Judges resol- ged to burke all such investigations, and from the Court of Common Pleas issued a writ of Habeas Cor- pus under which the commitment of the Court of Queen's Bench was quashed as having been made with- out jurisdiction, and Anderson was thereupon dischar- ged. Such were the facts and circumstances of the first case in which Upper Canadian Judges had an oppor- tunity of showing their acquaintance with the principles of International law. It must be admitted that it was a miserable finale to the grand display of learning and argument exhibited by the Court of Queen's Bench, when they declared that it was their duty to commit him for extradition under a warrant which, clearly they had no right to issue, to be obliged *o call in their brethren of the Common Pleas to free them from the embarrassing position in which they then were, thanks to their own ignorance ; but Upper Canadian credulity is quite equal to Upper Canadian vanity, and the public of that portion of the Province were still more deeply persuaded of the intellectual faculties and learning of their judges, by the exceedingly sharp and skilful manner in which they had managed to elude the action of the English Courts in the matter. " Honorable Mr. Laflamme though a French Canadian spoke of England as a thorough Englishman. No purer sentiment of patriotism could be enunciated than that part of hie speech where he aaya. ** Every man putting MONTREAL PRISON 197 his foot on English ground ; every stranger owing only a loyal and temporary allegiance becomes as free as th'^ British born subject. Our laws guarantee to every individual the safe hospitality of the soil. It has been England's pride and England's boast that no terror could ever induce her to forget this principle which is free as any of the great liberties of her constitution. " His terse quotation gives the whole substance of the case where he says : " The prisoners are accused of having robbed one Breck, in St. Albans, on the 19th of October last, of |300. What are the facts of the case, as disclosed by the evidence adduced before your Honor ? In the month of September last, Bennett H. Young, a lieute- nant in the Confederate service, being in Chicago for some political object, calculated to advance the cause of his country ; finding it impossible io carry out this plan, determined to fulfil the instructions which he received from his Government, to raise a body of twenty men of escaped Confederate soldiers, he was commis- sioned for special duty ; they, as soldiers, were bound to join and obey. The plan was organized, then, in the enemy's territory. They were enrolled by him for the purpose of making an attack upon, and sacking the town of St. Albans. All of these men were risking their lives by their presence in the enemy's country. The bare fact of organizing there was, of itself alone, a bold and daring act. Their allegiance was to the Con- federate States. Be the unfortunate contest, in which their country is engaged, right or wrong, they were actuated by the most noble, the most disinterested and 198 IIISTOKY OF THE patriotic motives : every one of them had already perilled their lives in their country's cause. Feeling, as they did, for the injuries committed against their native land, they thirsted for revenge. Called by their superiors to inflict punishment on their enemies, by burning and plundering the Town of St. Albans, they cheerfully obeyed ; they proceeded to carry out that plan, so far as was in their power. They left Chicago, some four or five coming through Canada, and twenty meeting in the Town of St. Albans, inhabited by over live thousand inhabitants, at a distance of eighteen miles from the frontier. In open day-light, they col- lected together, armed with revolvers, took possession of three banks in the; name of the Confederate States, sacked them, set fire to the town in three places, and from the beginning stated that they were Confederate soldiers. The prisoners went through the town, made prisoners ot all they met, provided themselves with horses taken from the peor>le ; and after making perhaps double their number of prisoners, they left the place, pursued by an armed band of citizens, who kept close fire upon them. They, howevei, succeeded in making their escape to Canada, where thirteen of them were arrested, at the request of the United States authorities. Out of the whole of this expedition the prosecution has thought proper to single out the taking of Mr. Breck's money, the smallest incident in the whole transaction ; a fact which cannot, with any reason, be abstracted or severed from the main project. It is unnecessary io dwell upon the dreadful civil contest which has now been raging for five years with uninterrupted fary in this once happiest country in the universe. The world has followed the history of this awful struggle with MONTREAL PRISON 199 Horrow and dismay. Eleven independent States have asserted their rights as free members of p. voluntary association, to sever from this association, which they had formed for their individual interest, reserving to themselves their separate sovereignty. Twelve millions of the people of this democratic nation demand to govern themselves according to their own views, alleg- ing violations of the original compact, aggression, in- terference, and oppression of their individual States by the others, and for open treats against their rights and liberties. This separation is denied them b> the other States, because they are more numerous and power- ful, — because more States being combined in one policy they, the more powerful party, believe that subjugation and coercion is just and lawful, and they insist upon imposing their will, their views, and their ideas upon the eleven independent States. The fifteen States on one side insist on ruling the ten refractory States. The twenty millions of the North claim and insist upon un- compromising obedience from the twelve millions of the South. The whole population of the country is di- vided in two hostile camps. On both sides we witness that deep, intense, unforgiving, unrelenting hatred which belongs to civil wars only ; that hatred which succeeds fraternal love. The act imputed to the priso- ners arises out of this civil war, and it cannot be the ground of extradition under the statute. 1st, The act is a political one, inspired by, and connected with what is called rebellion by those applying for the ex- tradition of the prisoners ; 2nd, The act was one com- mitted by soldiers of a belligerent in the carrying out of war against the enemy ; and they are answerable to no municipal tribunal of the enemy : it was a mili- 20C HISTORY Of THE tary act, and if irregular, cognizable only by the mili- tary tribunal under martial law ; 8rd, It is a national offence, if any, and not an individual one. " In the eonclnsion of his speech he then says : " No American statesman nor any writer of any moment har, ever asserted that these men should be extradited. They have complained of the want of sufficient pre- vention of such outrages on our part. They claimed that the offenders should be punished tor the violation of bur soil, for the abube of our hospitality by the Southern refugees, but none have dared to assert as a legal proposition, that they are entitled to obtain the extradition of the prisoners. Our Q-overnment has complied fully with their demand by the passing of the Alien Bill— and I trust that it will be considered suffi- cient satisfaction. If this law does not give our neigh- bors the protection they require, let them demand fur- ther legislation on our part — they will have it. — If the rights of refuge itself is obnoxious to them, let it be abolished at their request — but so long as it remains unimpaired, so long as our legislature has not abo- lished this ancient liberty, our judges must and shall uphold it. They will protect the refugee in the enjoy- ment of that shelter which our institutions guarantee to him. They never will allow policy, expediency, to- sway them to overrule principles of law. A thousand times better, more honorable for us, more just, it would be to let the world know that political refugees shall be entitled to this right only when it shall not be dan- gerous to us, a thousand times better and more humane to give a fair warning to all that the principle which never was doubted or questioned in England is inopera- MONTREAL PRISON 201 tive and insufficient in Canada. It was always consi- dered as a beacjon light to a sate harbor for distressed political fortunes, if it be no more so, at least do not use it as a false light to wreck them. Our courts cannot be influenced by anything but right and justice, they cannot be made subservient to power or authority. We have not reached that state of degredation. Extract from the speech of S. Bethune. Q. C, on be- half of the U. S. Government. '' It has been a matter of much surprise to myself, and I have no doubt has been so also to your Honor, that in neither of the addresses of the two learned Counsel who have spoken on behalf of the prisoners, has there been any attempt either by argument or au- thority, to prove that what was done on the occasion here in question was a legitimate act of war. To supply the place of such argument or authority, we have been favored with citations from books, to the effect, that in general it is lawful for one belligerent nation to kill members of the other belligerent nation, and to seize or capture their property, and with the assertion, oft re- peated that in all that occurred at St. Albans on the 19th of October last, the prisoners acted under lawful authority. (Numerous authorities are here quoted.) These authorities establish, that according to thi' recognized rules of modern warfare, the property of private persons or non-combatants is exempt from seizure or confiscation, except in the special cases of penalty for military offences, of forced contribution for an invading 202 HISTORY OF THE army, or as an indemnity for the expenses of maintain- ing order and affording protection to the conquered in- habitants, ana of taking property on the field of battle or in storming a fortress or town. And in all these excepted bases, the action of armies or parties of men openly acting in the character of armed enemies is alone contemplated, Now, in the present case, the facts disclose merely that the prisoners and their associates, secretly intro- duced themselves into an unarmed town, at a point far removed from the scene of hostilities, and there, in the garb of citizens, entered certain banks in open day ; and, when all others but themselves had retired, sud- denly displayed fire arms, and robbed the banks, and the individual Breck, who happened at the time to 8eek admission into one of them, for the purpose of retiring a note. It is true, that in acting as they did, they claimed to be Confederate soldiers, and that in the streets they afiecied to take prisoners, and discharged their fire arms, wounding one man and killing another ; but, once the booty was secured, they all decamped on the horses which they had also stolen, leaving their so- called prisoners free. Tn all this we see nothing of the characteristics of war, and fail to discover any other object than robbery and plunder, under pretence of war. No one could seriously contend that such an act per se is an act of war. To all appearances it was nothing more or less than a common robbery, accompanied by a murder, and an attempt to murder. The only pre- tension that can be urged is, that in consequence of the alleged commission and instructions produced by the prisoners Counsel, the act was constructively one of legitimate warfare. MONTREAL PRISON 203 We are told, that the object of the raid was an at- tack on the town of St. Albans ; and that the robbery of the banks and of Breck was a mere incident in the course of the raid ; but when it is considered that no attack whatever was made on the town, — that, on the contrary, the prisoners and their associates sneaked into the town by twos and threes, and only remained long enough there to steal the money and horses they eventually carried off, without even attempting to bring with them any of the prisoners they affected to secure during their short sojourn, it is manifest that the expedition, such as it was, had but one object in view, — and that was plunder and robbery. The next point I have to submit is, that all the pri- soners are proved to have resided in Canada for months previous to the raid, and that their chieftain (Young) had, in the fall of 1863 and winter of 1864, been attending the University of Toronto ; they all being es- caped prisoners from Camp Douglas. As matter of law, then, the prisoners by making Canada an asylum, had ceased to be belligerents ; and inasmuch as the expedi- tion started from neutral territory, and returned thereto with their spoil, immediately after its accomplishment the expedition was absolutely unlawful, and under any circumstances, created a forfeiture of the neutral protec- tion of this country. In bringing my remarks in this protracted case to a close, I cannot refrain from again 'arging upon your Honor, that the truly safe course to pursue in a case like the present, is to hold, in the language of all the judges in the Gerrity case, of Chief Justice Draper in 204 HISTORY OF THE the Anderson case, of Judge Ritchie in the Chesapeake case, and the four Judges who sat in the Burley case, that the questions of fact raised by the defence by way of justification of wh&t primd facie is the crime of rob- bery, can only be legally tried and determined by a jury in the country where the offence is committed. I therefore confidently claim at the hands of your Honor the commitment of the prisoners for extradition. " Extract from the speech of the Crown Prosecutor, Mr. Johnson Q. C, now the Honorable Judge Johnson, Senior Judge of the Court of Review. " I have endeavored to lay before the Court in as succinct a manner as I was able to do, the view which I, humbly representing the first law officer of the Crown, have felt constrained to take of this transaction and of the attempt that has been made to justify it. I have endeavored to perform a legal function, in a legal manner, and I have purposely avoided all allu- sion to many topics, which in so serious a case might possibly have justified allusion on my part. There is one aspect of the case, however, resting on the broadest grounds of international comity, and of the duty arising out of the relationship which should properly subsist between two countries situated as Canada and the Uni- ted States. The circumstances of the two countries, — their geographical position, — the difficulty of exercising effeciutUy a continuous vigilance over the acts of those who under pretence of seeking mere security, have only resorted to Canada that they may mature with impunity hostile schemes against an adjoining power with whom we are on terms of peace and amity, have all to be considered, our conduct ought to be MONTREAL PRISON 205 what we would expect and exact from others in the like case, and such as the law of civilized nations, in the exceptional position we occupy, demands. The doctrine of affording an asylum to poli- tical refugees is admitted to the fullest extent ; the laws of hospitality, the dictates of humanity and the general feelings of mankind support it. But it is an asylum in the proper acceptation of the word, which is sought ; and are the prisoners political refugees or exiles rightly so termed ? Our duty is not confined to affording a sanctuary within our territory under all circumstances for those who call themselves political o^enders ; the further duty of seeing that the privilege of asylum is not abused to the injury of a friendly power is equally imperative. We are bound to consi- der whether the neutral ground is only resorted to be- cause it offers a safe and convenient resting place in the intervals of warfare, and as the readiest means of inflicting with impunity injury in any other shape on the friendly power ; whether in fact the acts of public hostility or private wrong would ever have been un- dertaken and committed but for the proximity of the supposed asylum — whether they are not in reality attributable to and prompted solely by the facilities which our territories afford both for attack and escape. We must enquire whether the animus in which it is sought is to obtain peace and permanent security, and whether the party fleeing comes in the light of an exile. If we are satisfied of the contrary, then we must say that this neutral ground cannot under the name of an asylum be used as a vantage ground, and that the party fleeing from territory hostile to him, has by his own acts forfeited the security which nations usually 206 HISTORY OF THE accord. He has no right to abuse the only privilege which our soil confers — that of being safe so long as he is passive— nor has the right, because he believes he can escape hither, to plan and perform acts which would never have been dreamt of, but that an asylum was near, and that he believed he could reach that asylum in safety. If within that supposed asylum he recuperates and prepares for fresh acts of aggression, and is not content with finding security against oppres- sion and wrong himself, but resorts to it only that he may mature, and sally forth to execute schemes of offence on others ; then he has not the qualities of a re* fngee, nor is his object an asylum. A refugee is ono who, after being overcome as a combatant, flies from his enemy to the nearest place of security — not one who merely, because there is a neutral ground at hand, undertakes to inflict an injury because of the sup- posed immunity it affords. An asylum implies security from mere pursuit after an act which the law of nations will recognise — not the means of annoying those pui- suers with impunity, or converting the sanctuary into a means of offence. The Treaty was certainly never intended to protect those who committed predatory acts under the name of war across an imaginary line." Another extract. " What is the natural consequence of robbing Mr. Breck V Is it that the national power of the United iStates is prostrated, or in the remotest manner affected by it. The natural consequence is that Mr. Breck loses his money ; but it requires a great deal of imagination to conceive and a good deal of ingenuity to explain how that fact tended to exhaust the national resources MONTREAL PRISON 201 or attack in any manner the national existence. In tonching upon this part of the case it is impossible not to feel the necessity of imposing some limit to what may, with appearance of reason, be alleged to be an act of war. If these prisoners, instead of using violence and terror to get this poor old man's money, had used stratagem ; in other words, if instead of openly robbing him, they had picked his pocket, would that be con* tended to be an act of war too ? I must suppose from the course of the argument on the other side, that it would be held ; and indeed it must be so held, there can be no doubt, if the act taken by itself, or merely accompanied by the declaration of the thieves, that they, as Confederate soldiers, can be held to confer upon the actors the conclusive character of persons perform- ing a lawful warlike exploit. The truth is, that, though all authorities denounce it, the practice of taking private property in war, or of inflicting unnecessary injury upon unarmed and inoffensive individuals, is a practice (and that is the utmost that can be said for it) that may ])e admitted to have been in some cases, an incident and a forbidden incident of war ; but it is not, and never with reason can be contended to be, an act of war in its own nature. I gather from some part of the testimony — I forget whether it was in this case of Breck. or in some of the previous proceedings — that there was, at or near St. Albans, an arsenal, or some such national structure, and in the town itself, one and only one soldier. These opportunities of glory and destruction are, however, neglected. The arsenal and the soldier are, strange to say, both untouched, and poor old Mr. Breck is made to jilay apart in the history of modern war, which must have surprised him quite 208 HISTORY OF THE as much as it has surprised me, and the rest of the world, who had perhaps formed somewhat different notions of warlike achievements and martial glory. We have all heard, both in fable and in history, of instances of self-arrogated importance ; we have read in our youth of the fly upon the wheel, and the frog that endeavored to distend its dimensions to those of the ox. We have read, too, in modern history, of the tailors in Tooley Street, who called themselves the people of England, and proceeded to alter the constitu- tion of the empire ; — but none of these instances can excel in ludicrous extravagance the pretence that, in going to a bank, in the middle of the day, in a peacea- ble village and easing an old gentleman of 2 or 3 hun- dred dollars on the threshold, the prisoners can be pre- sumed or believed to have acted as a military force — having lawful authority from a brave and civilized people to do what they did. We must remember, too, that we are here dealing with a question of proof and not of presumption. It will not be presumed that war was being made 1000 miles from the seat of actual hos- tilities. We must have proof, certain undoubted proof, to take away the criminal nature of the act, we can say there is nothing left for a jury to try. The black color, so to speak, of the offence imprinted, must be complete- ly washed^away before w^e can refuse legal effect to the complaint that is supported as far as the law requires. " Extract from the speech of Hon. J. J. C. Abbott, Q. C " I fear,'may it please your Honor, that the very great importance I attach to this case, not solely in the interest of the prisoners, but also as involving important MONTREAL PRISON 209 national considerations, had led me into a more lengthy discussion of it than was required either by its intrinsic difl5.culty, or for the full development of our pretensions. My object has been, as I stated in the first instance, to seek to discover from the evidence of record the whole of the facts as they really occurred ; and then, leaving the propositions of law on which we relied in the firist instance, to rest on the arguments and authorities of my learned and able colleagues, to follow the Counsel on the other side through their arguments in reply to those propositions. That this duty has been long and arduous necessarily follows from the fact, that during the greater part of three days, the ingenuity and research of four of the leading Counsel at this bar, have been employed in heaping argument upon argument, and authority upon authority, in support of the appli- cation for extradition, and in opposition to the preten- sions of the defence. And so arduous hai^ it been, that with the most sincere conviction that we are right and the most earnest endeavour to shov^ that that conviction is justified, I am not satisfied that I have not fallen far short of what I should hxve said in support of it. But before I leave the case in your Honor's hands, and even at this late hour, I mus^ intreat your attention to some considerations which mwy well incline you to the side of mercy, if the balance of justice be in any respect doubtful. The view I desire to submit is one allied to, and yet dif- ferent from, the merely legal and technical arguments which may be used with regard to this case. I contend that we have a right to look at the spirit of the Treaty and of the statutory enactments based upon it, — and 210 HISTORY OF THE that we cannot forget, and have no right to overlook the chances which war has produced in the States with which we made that Treaty, and in our relations with that State. " War, " says Dr. Phillimore, " effects " a change in the mutual relations of all States ; more " immediately and directly in the relations of the belli- " gerents and their allies ; but mediately and directly " in the relations of States which take no part in the " contest. " Aud what enormous and radical changes have thus been effected since the passage of the Ash- burton Treaty ! "When that Treaty was passed, we and they were in a state of perfect peace. No prospect was farther from that great, prosperous, and happy country, than the hatred, the bloodshed, the military tyranny, the ruin and the desolation, that have spread themselves over its fairest portions. Peace then presented her most smiling aspect, and no cloud foreshadowed her depar- ture. Now, a war rages throughout the length and breadth of the land — a gigantic and sanguinary strug- gle, in which brother is arrayed against brother, and father against son. And it is a strife exhibiting war in its most repulsive features ; war characterized by the most insatiable rapacity — the most unbounded devasta- tion — the most lavish pouring out of treasure and of blood, that the earth has witnessed for ages. "War is always a frightful calamity, civil war peculiarly so ; but history gives no account of any war in which such bitter hatred, such intense hostility, have been deve- loped. And not only men who have risked and taken life, whose passions are inflamed, and whose thirst of blood is awakened — but those who usually soften the asperities, even of ordinary life, now join in the general cry for confiscation and destruction. Reverend divines, MONTREAL PRISON 211 young and refined females, vie with each other in the fiercest and most demoniacal demands for ravage and extermination. Now the Treaty was made to promote the transmis- sion lor trial from one part of this continent to another of persons who had committed crimes of the darker class, respecting the character of w^hich North and South agreed with ourselves ; crimes which Vermont and Georgia alike prohibited, and which it was impossible alike for them, and for any other civilized State or peo- ple, to approve of, or even to tolerate. There was no intention on the part of the United States, when the Treaty was passed, to stipulate for the extradition for trial as criminals in Vermont, of persons who were regarded in Georgia as daring and devoted patriots ; and for acts w^hich Georgians held to be praiseworthy, if not heroic. The Northern and Southern States were alike parties to that treaty through their general Government ; they agreed to reciprocal extradition for the same ofiences ; — and the offences that so formed the subject matter of their and our agreement, were offences which they and we united in regarding with abhorrence, and as deserving of extraordinary exertions for their punishment, in the interest of our respective communities. Now, what is the position of the men, and the light in w^hich their acts are regarded by the parties to that treaty ? The Northern States demand them as robbers. They press this demand with unpa- ralleled vehemence ; and so violent and unmeasured are they in their wrath^ that their Legislature, their press, and even their pulpits, resound with the oppro- brious epithets which are heaped upon the prisoners. 212 HISTORY OF THE The Southern States, on the other hand, deliberately authorized and directed the acts thus denounced. They regard those who participated in them as gallant and devoted men, who risked their lives for their country. Their highest executive officers join in hurrying off the papers and documents which are to aid in their defence. No pains, no labor, no risk, no money, are spared in contributing to their aid and comfort, in the critical position in which they now stand, in one word, one section of the nation with which we made the Ashbur- ton Treaty denounces them as robbers, while the other extols them as patriots. Twenty millions of men under an organized Government, demand them as felons ; but ten millions, under another organized government, existing de facto, claim them as meritorious soldiers. And it was with these thirty millions of men, then constituting but one community, that vre made our Treaty. Surely if there be all these internal differences of opinion between the parties contracting with us, it is right that we should carefully consid3r what we are about to do. It is no longer the felon sinning against the law of nature, and against society in general ; res- pecting the enormity of whose crime no one doubts whom we are asked to deliver over for trial. It is the soldier of one of these sections, the enemy of the other ; respecting wuuse criminality there is as wide a diffe- rence and as fierce a dispute as exists on any other question debated between these warring parties : this is the man whom we are called to deliver over to one portion of the nation, against the will of the other, un- der a treaty we made with both when united ! These seem to me to be subjects for your Honor's grave consideration. They are suggesslve of much MONTREAL PRISON 213 more that might be said, and much more forcibly said, upon the anomalous state of things in which your Honor is now called upon to act. But the considera- tions which arise out of them, personal io the priso- ners, are among the most startling. These men are demanded for trial. For trial by whom, and how ? Is it for such a trial as it would be presumed an ordinary criminal would have in ordinary times — when justice is administrated in the United States by Judges second to none in learning and impartiality ; — by juries com- posed of educated and independent men : and when the rules by which they are guided, are the humane and just principles upon which their and our criminal laws are alike based ? Your Honor knows, every one knows, that no such trial awaits these prisoners. It is before Judges like Judge Nelson ; who must declare their defence inadmissable in law ; who must decide that the sovereign State of which they acknowledge themselves the subjects, is not entitled to their alle- giance ; that the President who exercises the civil power of that State, and the general who commands its armies, are felons like themselves ; that the commis- sion under whici\ their oflB.cers, from the highest to the lowest have fouf;ht, and have won the admiration of the world, are mere unauthorised licenses to rob and plunder — which can serve no purpose but to prove more conclusively, their liability to a death on the gal- lows : it is before Judges who rule thus, that their trial must be had. And before what country will they seek their deliverance ? It is from amongst the men whose daily literature is the New York Herald — whose Sab- bath instruction is from the lips of the Rev. Henry Ward Beecher — whose evening relaxations are the lee- 214 HISTORY OF THE tnres of Miss Anna Dickson, that the jury which tries them is to be selected ; — those who daily, hourly, read and hear with approbation, their greatest, best and bravest, denounced in the foulest and most opprobrious terms — are to judge of their actions ;— those who echo the fervent aspirations of the Apostles and messengers of Divine vnercy and Divine justice here on earth, for the destruction of these men and their fellows here, and for their damnation horcbicer, are to be the arbiters of their fate ;— those who listen to and applaud a fra- gile girl, while she outrages her sex, her age, and humanity itself, by frantic exhortations to wholesale slaughter and universal devastation will fill the roll, from which will be taken the twelve men on whose breath will hang the lives of these prisoners. — And the defence which they will be expected to investigate, to weigh, and on which they will have to render their verdict, will actually be the assertion by the prisoners of what such a Court and jury are bound by the law, and constrained by their education, their associations, even their religious teaching, to look upon as a sure passport to a deserved death as the very head and front of their ofLnding. Is it to a tribunal thus composed that these men are to be entrusted ? Is it from such Judges and such juries that these men are to receive a fair, calm and im- partial trial ? Is it before them that every circumstance is to receive a full, unbiassed, and dispassionate con- sideration - as it would do before your Honor presiding over a Court of this country : or as it would hav«^ done before Judge Nelson, before this unhappy strife com- menced ? I implore your Honor well and maturely to MONTREAL PRISON 215 weigh these things. I cannot and will not believe it possible that such a cruel injustice will be done to these unfortunate men — as to permit of their delivery to their enemies, with the certainty of an ignominious and degrading death. I feel that my advocacy of their cause has been insufficient, though I have devoted to it my best energies ; but I know that my deficiencies will be supplied by your Honor's full appreciation of the whole case. And in that confidence I leave it in your hands, certain that your Honor's decision will be such, as will be dictated by justice and tempered with mercy. 2d6 HISTORY OF THE CHAPTER XVI. Fenian invasion 18(J(J. — Pigeon ^Hill.— Fenian Humors 1870. — Muir'i (Javalry and Chamberlain'8 Miggisquoi force8,26th May.— The Feniani aAt a meeting of His Majesty's Justices of the Peaee, this day, it is ordered that the price and assize of bread be as follows, viz : The brown loaf of 6 lbs. at 7 1 or 15 sols. The white 16 234 HISTORY 01^ THE loaf of 4 lbs. at 7^ d, or 16 sols, and the sereral bakers do conform thereto and mark the initials of their names on their bread. " The first instance of retailing spirituons liquors with* out a license so to do is, when Louis Ducharme infc":s5« against Paul Tattous, who having confessed on the 18th October, 1785 " for having done so for this year past without license, " is fined jSIO sterling and Plaintiff remits his part of the fine. On the 27th June, 1876, an assault case takes up the attention of the Court. Cesar Jahomet m. Private Skr. Campbell. The plaintifi declares that he was struck by Defendant, a soldier of the 34th Regiment. The defen- dant swears that he did not strike him and Thos Fairly, a comrade, on oath, declares that " on taking water at the Fountain, at the Mountain, near the City, they saw a dog above them, at the stream, that they threw a stick at the dog, which happened to hit a Negro man, the plaintifi, who thereupon came down from the stream where the said dog was, and threatened said Fairly and the rest that he would and could fight any or either of them. That thereupon seeing himself and his com- rades so threatened, he gave said plaintiff a blow and knocked him down. " — Dismissed. On the Uth July, 1786, Antoine Clement, Capitaine de Milice, brings up a suit against Nicholas Bertrand, for having carted and passed through the Parish of Sainte Genevieve loaded on the Sabbath. The defen* dant appears and confesses he did so, but adds " he did not know of it being harm to cart after the Divine Ser- vice. " Court condemns defendant to pay a fine of five MONTREAL PRISON 235 shillings and costs of suit, " Then follows two other like suits. On the 1st January, 1787, the same three Justices mentioned last year assize the price of bread at 6d, or 10 sols. The first instance of warrant for buying a shirt and waistcoat from one of tho soldiers of the S4th Regiment, or in other words buying military clothing, is when on the 2nd January, Captain Kemble, prosecutes G-odfrey Hetner for doing so. The Court condemned him to pay a fine of X5 sterling and costs of suit, but to be recom- mended as an object of charity. On the 27th February, Jean Torquette is committed for having assaulted and beat Plaintiflf 's wife and hav- ing carried away a barrel of Bum, without paying for it. The mother appears and says "her son took away only 1 qt. and 3 half pin's of Rum. " Condemned to pay a fine of 5 shillings st. and costs of suit. The first case of seizure of the Customs recorded, is on the 22ud May, when John J. Beck, Esq., Surveyor of His Majesty's Customs for the port of Montreal, obtained " a monition admonishing all persons to appear and show cause if any they can, why four cases of G-inn seized at Montreal, on the twenty eighth day of April last, should not be condemned as forfeited. No person ap* pered and the Court granted default. " I now come to an authorization of the Justices to get a Doctor for the Goal. Tuesday 26th June 1787, James, Finlay and Pierre Guy, Esq. Justices. It thus reads : 236 HISTORY OF THE " Mr. George Young, keeper of the Goal, having pre- sented a petition to the Court this day, sstting forth that the prisoners in Goal or several of them are sick and unwrell, there being no Surgeon or Doctor to attend them, praying that the Court vv^ould authorize him to get a Doctor or Surgeon to attend them, and that he may be reimbursed the expenses he may make in giving them relief. Court authorize him, the said George Young, to procure a Surgeon or Doctor to attend the said prisoners and to get them relief if necessary, and that the Sheriif be hereby authorized to reimburse him the said George Young, and charge the same in public account." On Tuesday, 10th July, Joseph Martin brings suit against Pierre Lefevre for having insulted him v^^ithout cause. The Defendant says he " was at vrork and inad- vertenly spoke some insolent w^ords in the presence of the Curate of the Parish." Louis Bellair says •' he w^as at St. Genevieve and saw the Defendant in a great passion, that he heard some infamous words, that the Curate who was present reproached him, that thereupon he spoke some disres- pectful words to the Priest, telling him to go about his own affairs. " Another man substantiated the above and the Court thus gave judgment. " The Court is of opinion that the Plaintiff, as Captain of Militia, was on active duty when he reprimanded the Defendant for swearing and speaking rudely to the Curate, that the language given by the Defendant to the Captain is very wrong and of dangerous example, therefore order him to beg his excuse and to pay the costs of suit and 40 sols to each of the evidences, two days. ' MONTREAL PRISON" 237 The first commitment for driving and running over a child is when John Mittleberger, caleche driver, runs over the child of Joseph Fournier, 17th July, and gets fined in the sum of 20 shillings and costs. The first instance of selling bread short of the weight is on the 14th August, vs^hen a baker is condemned in costs for doing so. I wonder if any of the committing magistrates for the present day ever had to record what is given below, of a man arrested and convicted of selling liquor without a licence. After his sentence the Court adds : " But on account of Defendant's loyalty and goodness of charac- ter, the Court recommends it to His Excellency the Governor to remit such part of the said fine as by the said statutes is directed to be paid to the King's Ma- jesty." On the 2Qd January 1788 the bread is 5d or ten sols. The first commitment for keeping a disorderly house is on the 8th April, when a woman complains of the above and is ordered by the Court to lay her complaint before the Clerk of Peace. The following bakers appeared and received licence to bake and sell bread for one year without intermit- ting their said trade for the space of three days together. Louis Landry, Montreal ; Hyacinthe Poitevin, RecoUet suburbs ; Chas Detrotel, BecoUet suburbs ; Francois Desmarchais, St. Lawrence ; Joseph Dufaut, Montreal ; Philip Brookman, Town of Montreal ; Chs La Tulippe, St. Lawrence suburbs ; Louis Beaulien,[St. Lawrence suburbs ; Chs Beaulieu, Quebec ; Fran9oi8 Destrotel, 238 HISTORY OF THE * Town of Montreal ; Levi Solomon, Town of Montreal; Pierre Martinean, Quebec snbnrbs ; Etez Gadieux, Vve LaGalle, Recollet suburbs; "William Logan, Town of Montreal ; Louis G-authier, St. Lawrence suburbs ; Solo- mon Mittleberger, Town of Montreal ; Joseph Berlin- guet, St. Lawrence suburbs. The first instance of wife beating occurs on the 8th May, when Margaret Wickham, wife of Christopher Long, makes complaint against him lor violently beat- ing her. I give the Defendant's deposition. '• He had no particular reason at the time he beat his wife for so doing, that he has of late been addicted to liquor, which has hurt his intellect and excited in him a disposition of jealousy of his wife's conduct. Condemned to find bail for future good conductor stand committed. On Tuesday, 10th June. This day the following per- sons took the oath of allegiance in Court and entered into bonds to the King as tavern-keepers, pursuant to the ordinance : Joseph Gra\? el, parish of St. Vincent de Paul; Pierre Messier.parish of Varennes; Joseph Laberge, parish of Varennes : Joseph Picard, parish of Lachiue ; Louis Laberge, parish of Vercheres. On September 16th,1788, six commitments are record- ed against six persons for carting wheat on Sunday. They are all fined 5 shillings and costs. On Wednesday, the 24th September, a special see'"' ^n of the judges was held to receive a memorial from tbie bakers. There were present the following : James Mc- Gill, Edward Southouse, Kertel de Rouville, Senr, Jas. Finlay, Kertel de Rouville, Pierre Fortier, Simon San- MONTREAL PRISON 239 gninet, Portiere Lamarc, Thomas McCord, Gabriel Franchere and J. Bte Adh6maz. The petition reads : "A memorial of the bakers in the town and suburbs of Montreal, respecting the present scarcity of wheat and praying the price of bread may be augmented during the remainder of the present month. It was resolved that the Justices of the peace are not bylaw empowered to make any alterations with the price or assize of bread till the expiration of the present month and that it be recommended to the bakers to continue furnishing bread as usual agreable to the recognizance they have entered into on pain of forfeiting the same. The Justices at the same time assuring them that although they cannot afiford them immediate relief by breaking through a posi* tive law, they promise them that in proceeding to fix and assize for the ensuing month,they will make them a reasonable compensation." On Monday ,the 6th October, the Justices again meet and fix the price of bread at 8d or 16 sols, agreeably to the request of the bakers. In the Court of Quarter Sessions, 12th Jan. 1784, there were present : James McG-ill, Esq., James Finlay, Esq., Pierre Guy, Esq., Neven Swistre, Esq.,and nothing particular appeared before the Court. I find the carters were obliged to clean the streets at the place where they stood with their vehicles. In a proclamation of 3rd April 1786, the Court of Q. S. order that as the car- ters have neglected to do so.that in lieu of such services as they were hereby required to do, each of them pay one shilling and three pence, in addition to their licence- This particularly applies to those at "The Market Gate** and the gateway commonly called "Desormier's Gate" The Clerk of the peace is enjoined to employ persons to 240 HISTORY OF THE clean and clear the said gateway immediately of the filth " and rubbage, that free and easy access may be had to cart from the beach or waterside through the gate- way aforesaid. " I find on the 22nd July,1786, that Mr. George Young, the keeper of the goal, was also the Crier of the Court, and that he presents a bill of over <£30 stg. for repairs to the Court House, which was paid. In those early days, great power was laid on the Jus- tices. They seem not only to regulate the afifairs of the City, but also the education of the youth. I find in the presentment of the Grand Jury, of the date of 16th Jan- uary, 178*7, that they report the following, regarding a School teacher. '* The grand jury presented a petition of "William Nelson, of Three Rivers, school master, to the Court of Quarter Sessions, setting forth a desire of removing his school from Three Rivers to Montreal, provided he should meet with proper encouragement,r.nd the grand jury having represented the want of a good school at Montreal pray the Court to take the petition of the said William Nelson into consideration and that he may be recommended to His Excellency Lord Dor* Chester, the Commander in chief, for the bounty alloV, ed by Government for a school master or any part ther^.of, as his Lordship may think fit." The Court recommended the petition to Lord Dor- chester, and it was granted. Mr. Powell, in behalf of the general fire committee of the inhabitants of Montreal, " prays the Court respect- ing the impossibility of preserving in due repair the AfONTREAL PRISON 241 public pump which has been erected at great expense, unless some regulation be made to prevent boys and other idle persons from abusing the said pump and cis- tern in which it is fixed, and praying an order of police to surround the said pump and cistern with a fence or pailing, and fir a chain and lock on the handle of the pump, and each inhabitant desirous of using the same have liberty to get a key made at their own expense. " The Court ordered the application to be complied with. In the opening of the Court of Quarter Sessions for 9th October, '''in the twenty seventh year of the reign of Our Sovereign Lord King George III," five Justices were present, before whom Fran9ois Babin, of the city of Montreal, surgeon and native of France, takes the oath of fidelity and allegiance to His Majesty in open Court. At the next Court, 6th November, a case appears of a complaint " against Theo. PeUion, for having left the FlaintiflTs service as a battoe man, contrary to his writ- ten agreement." The Defendant in " Court acknowledged his agreement to conduct a canoe to Detroit as a steers- man, but that he left the said canoe on the way, finding it impossible to make the voyage, for want of proper assistants. " We, living now nearly 100 years after this,and having our magnificent lines of Steamers and Railways from Montreal to Detroit cannot imagine what this poor man had taken on hand to do. No wonder a witness says '* They set out from Lachine with said canoe that when they had reached Fointe aux Diable (the name was enough to frighten any one) Defendant refused to proceed 242 HISTORY OF THE any further, saying it was impossible to effect that voy- age without some assistance'The Court comdemned Pel- lion to 14 days in the Common G-aol. On Tuesday.Sth January, 1788,before 6 Justices, the following was read, "Read a Communication from this Excellency, the Right Honorable Guy, Lord Dorchester appointing John Reid John Burke and Charles LePailleur, Esqs, clerks of the Court of Common Pleas and Secessions of the Peace for the District of Montreal, when the said John Burke and Charles LePailleur took and subscribed the oath of office of clerks of the Peace and the said John Reid took and subscribed the oath of allegiance, supremacy and ab- juration and also the declaration against Transubstantia- tion in open Court and was admitted accordingly." In their presentment of date 30th January, 1790, the Grand Jury state. " That from the decayed state of the walls that surround this town they have in many places become dangerous to the inhabitants." The Court orders that attention be at once paid to it. During the same Court Andrew Symington for " Petit Larceny" is condemned to "beconducted to the Pillory on the public market place of the Town of Montreal, bet- ween 10 and 11 o'clock of the forenoon, then and there to be whipt by the hand of the Common Hangman upon t he naked back, thirty-nine lashes and afterwards to be discharged. " This is the first instance on record in the books of the Commissioner's Court or Quarter Sessions of the Pillory and whipping. On the same day Michel Minoni convicted of the same crime received this judg- ment. " He be conducted to the Pillory in the public market place of Montreal between the hours of ten and eleven o'clock in the forenoon and there and then to be MONTREAL PRISON 24(5 exposed to the same for the space of a quarter of an hour with a label on his breast with the word Stealing wrote thereon and afterwards to be discharged. " On the 16th April, the Court had before it a case of " Petit Larceny. The sentence was •• That he be taken out (of the Prison) into the Prison yard and then to receive 39 stripes upon the naked back by the Com- mon Hangman, after which he is to be discharged." On the 12th April, in the t)re6entment of G-rand Jury I find they say : " That the building situate upon the Place d'Armes, under which His Majesty's bust was formerly placed is a public nuisance and ought to be pulled down." The Court granted the request and " Orders that the same be pulled down accordingly." On Saturday, 12th January, 1 792, a trial for •' Petty Larceny " was held against Mary Campbell, and the jury found her " guilty of the offence charged in the indictment, and so they say all. " " The Court, on the 14th, condemned Mary, who is the first woman record- edj'of as being placed in the Pillory, to be taken to the public market place, on Friday, the 25th day of Janua- ry instant, between the hours of eleven and twelve of the clock in the forenoon, and that she be then and there set in and upon the Pillory for the space of one half hour and that she be then discharged." I find in the records of this year, this curious inc^'ct- ment : " The King, in the person of Col. John Camp- bell, vs. Violetta, a negroe wench." This wench had threatened the Col.'s life and she was bound over to 244 HISTORY OF THE keep the peace. " On the 14th April 1794,Joseph Leveill§ on conviction of cheating, the first commitment of this kind is sentenced thus : " That he be carried to the Market Place of this city and be there and then put in and upon the Pilloiy and exposed to the view of the public from the hour of eleven o'clock until noon, and that he then be discharged, and that the constables of the town and banlieu do see this sentence put in exe- cution. " * This case of pillory is put off and again found on 12th July, when the same Joseph Leveill§ is asked by the Solicitor General why the above sentence should not be carried out. Mr. Ross counsel for Leveill6 defends the prisoner who however has to undergo his sentence on the 2dth of the month, which he did. The Justices in 1795 seem all to have been old coun- try names. On 21st October 1795, the Justices present were John McKindlay, Robt. Cruickshank, Chs. Blake, John Lilly, Thomas McCord and Alex. Henry. During this year there has not been a single commitment worth recording. The grand jury same day make a pre- sentment part of w hich says : '• The road in the town and banlieu of Montreal and particularly in the Que- bec suburbs down to Fointe aux Trembles are much neglected," Another clause speaks of the bridges. " Many of the bridges are not even fenced with rails to guard the most wary traveller from accidents." A. D. 1796 is the quietest year on record, not a single case of any importance. MONTREAL PRISON 245 On the 19th Jannary, 1797, at the meeting ot Q. S., Peter Arnold! and John Wray, jurors, were fined for not appearing. The fine was 10 sh. stg. A poor luna- tic in gaol at this time receives the commiseration of the grand jury who record, " that the Clerk of the Peace make a representation to His Excellency General Prescott of his situation and to pray His Excellency to procure him some place of confinement in the General Hospital of Quebec or elsewhere." On the 18th July, a presentment is made by the grand jurors to arrest certain " Loose, idle and abandoned women," at the instance of Robert Anderson, Ensign and Adjutant of the Ist Batallion of the Boyal Gana- dian Volunteers, and Jacob Marston, high constable, regarding the disorderly and indecent behaviour of certain women. They are all arrested and punished. For the past two or three years almost all the prin- cipal business of the Court is Procds Verbals of roads, &c., which are then homologated, and this throughout all the District of Montreal. ' A new Justice, Wm. Lindsay, appears at General Sessions, 11th January, 1799. In the session, held 19th July, several names appear for the first time as James Hughes, Robert Jones and James Duulop. The following Regulation was adopted " Whereas obstructions are making by sundry persons by buildings or quays erecting between the walls of the Town and the River St. Lawrence, whereof the road on the beach is in part obstructed, &c. It is ordered that no buildings or quays whatever be for the future erec- ted between the walls of the town and the river under a penalty of five pounds." 246 HISTORY OF THE On 30th April, the Court has a petition presented to it which is explained in the order anent it. "It is ordered that during the summer season two constables do attend with their staves on the Place d' Armes, on Sundays and holidays, during the time of Divine Service for the pur- pose of dispersing all boys and other disorderly persons who may there assemble and be employed in any idle or irregular play or pastime or in any other way which may tend to a breach of the peace or an interruption of the exercise of Divine Worship." The last session is held 21st October,and three justices were present viz. : Isaac M. Clarke, Robert Cruickshank and Louis Chaboillez. The docket this term is almost all " Assault and Battery, " and the term, year and century close with nothing of importance in the Court of Quarter SessiQUs. January 10th, 1800.— Sessions of the Peace. The Court opened. Present : Alex. Auldjo, Esquire, Robert Crickshanks, Esq., James Duniop, Esq., Louis Chaboillez, Esq. The Sherifi' returned the precept when the following jurors were called, appeared and were sworn, viz. : John Gray, Etienne St. Dizier, Hart Logan, Paschal Lafleur, William Wingfield, J. Bte. Fournier, Wm. HalloWell, Frs. Papineau, Peter Robert- son, Chas. Lariv6e, Nath. Burton, Dominique Rous- seau, Duncan McGillevray, J. Bte. Dezery, Jas. Badgley, J. Bte. Lefebvre, John Stephenson, Michael Dnmas, John Molson, J. Philip L'Eprohon, Myer Michaels, Bartholemew Billon, Mungo Kay and Narcisse Roy. I give the above list as an old memento of Montreal, MONTREAL PRISON 247 Many of these names are now forgotten, others still survive on their descendants. The first time in the History of Montreal of a juror refusing to take the oath, is same day when Fran9ois Trudeau does so, and is committed to gaol tor eight days, for " being guilty of a high contempt of its authority. " All ferries were licensed by the Justices in those days. Two applications are on the Idth, " Isle Perrot to Quiuchien, and from Fointe Olivier to Ghambly. On the opening of the Session of 19th January, 1801, The Grrand Jury bring in a presentment anent the high price of bread and their petition is attended to txt once by the justices in their ordering thus. " The Court having taken into conbideration the representation made by the Grand Jury respecting the scarcity and want of the supply of bread and the sufferings of the poor and other inhabitants in this city, and it appearing to the Court that the quantity of bread which the bakers are obliged by-law to bake will not be sufficient to supply more than two thirds of the quantity daily expended in the town, and that under these circumstances there exists a necessity for this Court to give its aid and to procure a supply of bread for the inhabitants, aid it appearing to the Court that no other method can possibly be adopted which will give relief but by increasing the price of bread for the remainder of the present month." '* The said Court do therefore order and direct that the price of bread for the remainder of the present month be as follows : 248 HISTORY Of THE The white loaf of 41bs, at one shilling. The brown loaf of 61bs, at one shilling and that the several bakers in the town and suburbs do conform to this order." I iind on the 23rd April, that Simon Dearbon Wad- leys gets authority to keep a ferry at Bolton " from Bolton to Hatly across the lake Memphramagog," and on the 24th, Jacques Cartier fils.received licence. "To have a ferry from St. Antoine, near the church, to St. Denis." On the 30th April, 1801, is established the well-known ferry between Montreal and Longueuil. The Petitioner was Alexis Patenaude. Among the additional regulations of the police, 30th October, 1801, is this original way of lighting fires from one neighbor's house to another. " It having been repre- sented to the Court that many persons carry fire through the streets and suburbs of the Town of Montreal in shovels or with tongs, in a careless manner, whereby accidents may happen, greatly injurious to the neigh- borhood." It was ordered to cease doing so under a penalty of 58. for each ofience. The next item is tabulated : "Fire plugs to be erected." " The company of proprietors of the Montreal "Water Works having constructed pipes for conveying water into the town of Montreal, and the said pipes being com* pleted and water conveyed therein the Main street of the St. Anthony suburbs and into several houses in Notre-Dame street." The Court orders fire plugs to be erected at different places. MONTREAL PRISON 2k^ One of these plugs was to be erected on Notre-Dame street, in front of the house occupied by Beniah Gribb, another on the height against the wall of the Parish church, fronting the Place d'Armes'; another against the wall of the Nunnery, opposite the house occupied by Mr. McG-ill ; another in the same street as the above (Notre-Dame), "against the Oollege wall, opposite to the Prison." The last three years show number of proces verbals like the years previous to them, homologating roads, &c. The first example of license "to keep a billiard table is" on the 30th April 1802, when Saml. "White is licensed. On the 19th July, are given the rules and orders for the regulation of the House of Correction, then instituted in the District of Montreal. Some Articles are given, one or two of which are now done away with and perhaps with disadvantage to the community at large. Art. I is upon the clothing. "The said apparel shall have some uniform and distin- guished mark which may not only tend to humiliate tho prisoners, but also tend to their discovery in case of their escape." The second article relating to prisoners on entrance , being stripped, washed and their clothes put away, is carried out every day at the present time. The next article as far as I know never was in use " all persons committed shall, at the discretion of the Justices, have their heads shaved upon their entrance and as often afterwards as it may be judged necessary." n 250 HISTORY OF THE Article ninth says " each day of the year, Sundays and Holidays excepted (FStes d'obligation), shall be considered as days of labour and on Sundays and Holi- days the prisoners shall be confined in their respective apartments." Article tenth states that prisoners refusing to work or neglecting to do the duty assigned to them or who are disobedient shall be "punished by whipping, restric- tion of diet, or having the head shaved or by other smaller punishment." Article eleventh. The prisoners in these days would hardly credit the capital fare of the present day. This article states that "each prisoner shall during their confinement while in good health be fed on brown bread or biscuit and water and ^ other common but wholesome aliments, such as roots, &c., but those of the third class may be allowed small beer or some beverage of the like kind." Our present prii3'>ner8 would hardly believe how clean the prisorrre were made to be when they took their meals. The x^ext article says : " No prisoners shall be permitted to sit down to their meals until thoy shall previously have washed their han ds and face." Article eighteenth says the '* Keeper shall be author- ized to handcuff any riotous or disorderly prisoner and to confine him more strictly." Article twenty-fifth provides " that each prisoner on the day of his discharge, shall receive from the Keeper a sum not exceeding five shillings to procure to such MONTREAL PRISON 25 1 prisoner a subsistence until he shall have obtained some means of gaining his livelihood." On the 28th October, the following constables are appointed for a year : John Molson, Augustin Cuvillier, John Shater and Frs. Bedouin. Afterwards they had substitutes appointed. On the 30th, Mr. Sewell makes a representation to the Court as one of the Church Wardens of the Pro- testant Congregation of Christ's Church, praying for a deduction of the assessment on the said Church and on the Protestant Burying Grround in St. Jacques Street. The assessment is reduced from jBIOO to jBSO, and that on the Burying G-round from .£120 to XIO. On 21st April, 1808, the Grand Jury in their present- ment says that " a brick kiln in the St. Lawrence sub- urbs is a nuisance," and " the new gate in St. Paul street, the same is in a ruinous condition and dangerous to the lives of His Majesty's subjects " At the same time, this order is given, " the Magis- trates, seeing with concern that many young and other idle persons assemble together in numbers on Sundays and Holidays, for the purpose of play and amusement in the streets, squares and other places of the town and suburbs instead of attending Divine Worship, and being determined to put a stop to this growing evil, do prohibit in the most positive manner all such assemblies during Divine Service, or from nine in the morning until five on the afternoon, under penalty of ten shillings for each offense." 252 HISTORY OF THE A by-law of this early date says : " No person shall on Sunday sell or expose for sale any sort of provisions, goods or fruits in the market or in the streets or in any public part of the city or suburbs under a penalty of five shillings." On the 14th January, 1804, an indictment is made against Pierre Monjeon and Pierre Courlois for assault- ing an officer of Militia in the execution of his duty. On the 11th January, 1805, several persons are com- mitted for riotous and disorderly conduct. On the 15th, eight old contrymen are indicted " for a conspiracy. On January 11th, 1806, three Justices sat on the Bench, Alexander Henry, Frs. Desrivieres and Jean Marie Mondelet. On the 26th April, Beniah G-ibb is appointed "one of the assessors of the city of Montreal." On the 30th April, the G-rand Jury gave the following presentment : *' For several years past great numbers of men and boys have been in the habit of stripping themselves naked upon the beach and bathing in the river during the summer months, between the lower corner of the Barracks and the upper corner of Mr. Blondair's Wharf. That this practice has not been confined to the dark of the evening or to an early hour of the morning, but following at every hour of the day to the great scandal of His Majesty's well disposed sub- jects and the female sex, whose houses front the river or who may be inclined to enjoy the benefit of a walk and the fresh air in the evening. The Grand Jury MONTREAL PRISON 253 represent the above practice as a public nuisance which ought to be repressed as tending to shock the delicacy of the female character in particular, and to affect the morals of youth in general, &c., &c." Another part of their presentment is against three places of danger from their decay : the first, an old house on St. Paul Street, the second, the inner part of the arch of the Recollet Grata, and the third, the garden wall of the Eev. Father Recollets on St. Peter Street " from its corner on Notre Dame Street down to the first house on same side St. Peter Street." The Court orders that all should be attended to and for the bathing, orders, " no person shall from henceforth bathe in any part of the river thereof opposite to the lower town mill and the bakehouse of the late Captain Grant, be- low the Barracks under a penalty of five shillings. This year finishes with a ferry licensed "between Ri- vier des Prairies to the Isle Jesus." On the Court opening January 10th, 1807, there were present Justices Alex. Henry, Jas. Hughes, Louis Chaboillez, Jean Marie Mondelet, Thos. Barron, fore- man of the G-rand Jury, Andr6 KoUmyer is appointed Town Crier on the ITth, in the room and place of Jacob Kulm. On the Court opening 11th January, 1808, there were present all new Justices, viz. : J. Bte. Duro- cher, Frs. RoUand, Etienne St. Dizier and John Bou- thillier. The rest of the year and indeed all these years in 254 HISTORY OF THE this Court are taken up with assault and battery cases, ferries and proces verbals. 10th January, 1809, three of the same Justices meet : J. Bte. Lefebvre being foreman of Grand Jury "Wm. "Wragg, Francis Decary, Duncan Cameron, and Aug. Cardinal, jurors, are all fined for non attendance. The first instance of a woman being whipped is when on the 18th July, 1809, Frs. Desrivi6res, J. M- Mondelet and L. Chaboillez sentenced Maria Nel" son and Margaret Morgan for •' being idle loose and disorderly women, &c." " It is ordered and adjudged that (they) be both committed to the H. of C. curing the space of six months, with hard labor, '^-i.? Court do further order and adjudge that tha 3aid M. >.':ion do on her entry in the yard of H. of 0. ree>-iv 'ty- five stripes on her naked back for a conteiu^ ^*j said Court." At the General Sessions, holden ^ ji-, 1809, on the presentment of the Grand Jury, I find the following : " That the gate leading to the city from the suburbs of St. Mary, commonly called and known by the name of the Quebec Gate, is rapidly going to decay, part of the stones of the pediment are already fallen down, others are loose and dangerous, the mortar and some of the small stones of the inner segment are also coming down, and it is in that delapidated state as will render it perilous to the safety of His Majesty's subjects on their passage to and from the city." The Court ordered a copy to be sent to His Excel- lency the Governor in Chief. MONTREAL PRISON 255 Among the Jurors in a case of Petit Larcery are the names of John Geo. Idler, John King and Jonathan Bheinhardt. "When the Court of General Sessions opened 10th January, 1810, there were present A. Henry, Frs. Hol- land and J. P. Leprohon as Justices. Robt. McKenzie being foreman of the Grand Jury. The rest of the year is made up of the usual assault and battery cases and proces verbals and rules and regulations for Police, markets, &c., &c. Here is the beginning of the Court King's Bench Minutes of His Majesty's Court King's Bench, Montreal. It opens on Wednesday, 1st September, 1802, and there were present : Honorable Chief Justice Monk, Mr. Justice Panet, Mr. Justice Davidson. The first case tried is an indictment for conspiracy. Andrew Jackson for persuading and enticing a soldier to desert receives this sentence. " Two months in prison" and " also that he stand in and upon the Pillory in the Market of Montreal for the space of one hour, from 10 to 11 o'clock, on Friday, the 24th day of Sep- tember next." The Grand Jury in their presentment state having visited the Gaol and find it " totally inadequate to the purposes of a Gaol, inasmuch as prisoners cannot be kept therein without the most vigilant attention of a, military guard." 256 HISTORY OF THE The principal item was the first murder case, in the history of Montreal ; Dominus Rex rs. Ignace Vaillancourt. A jury of twelve French Canadians was empannelled and the Attorney General opened the case and examined the witnesses. After the return of the jury into Court by their foreman, Antoine Desloriers, the prisoner is declared guilty and the Court pronounced the following sentence : " That the prisoner be taken from hence to the Common Gaol of the District from whence he came and from thence the day after to morrow, that is to say, on the ninth day of March instant, to the common place of execution, and that he then and there be hanged by the neck till he be dead, and that his body immediately afterwards be de- livered to Charles Blake, Esq.. of Montreal. Surgeon, to be diaseited and anatomized/" On Im S? smpm on tk» wkM. Httrk vtA tliftt on \)» l7th < Wtohi»r im>xi, }m \m tiMi talBW to tk» {MiUMrjr on \^ MArkvt pUm«> «jim»- aiA. tati Aw* mmivm ^Mn^-^xtm ^ffxvgm mm^. mm! at %%m wplMtlMi «f ^km ateHMi wwr}«fiiiiB«itt h« \» ii*. MONTPEAL PRISON 257 be remanded to the Temporary Gaol of this District there to remain imprisoned until Friday next, and that then he be taken and placed in and upon the pillory on the open Market of Montreal, and there remain for the space of one hour between the hours of ten and eleven o'clock in the forenoon, and that he be then discharged." There are no more records of the Court of Kling's Bench till March 1812. The following memo on the front leaf of the volume which begins at this date states. "All the registers and records of this Court previous to this date (with the exception of that from September 1802 to September 1803 inclusively) were destroyed by fire on the occasion of the burning of the Court House, on the 18th July 1844. Montreal, 19th July, 1844. J. M. Delisle. Clerk of the Crown <>n th*» 2nd March. 1812, the Jnsticas present were : !%« Chief Juntiee, Mr. Ju»tk« Panet. Mr. Juftic« Ofden. Mr. Jnstk^ Eeid. I will now fi%'« the principal eTenti of the Court of Kmf ■ and Qne€n • Bench in a tabulated foim and in chnmolof!cai order b<»jg:ianinf at A. D. \%\t to the pr«- •tnt day tttS AfMi 258 HISTORY OF THE 1814 Biarchterm D. Curran, murder, is hanged and " that his body be delive- red by the sheriff of the district to George Selby. Esqr of the City of Montreal surgeon for the purpose of dissection conformable to law." J. B. Potviu, petit larceny, 39 lashes. M. Williams, Highway robbery, to be banged, executed. Lot. Gray, stealing, to be hanged, executed. Sept. term Roger Hallan, rape, to be hanged, executed. 181;* March term A. Pelletier, theft, 39 lashes and branded on the hand. D. Emmanuel, horse stealing, to be hangi'd, executed. Sept. term J. Raymond, stealing, 39 lashes. A. liatulipjie, larceny, 39 lashes. L. Fortin, horse stealing, to be hanged, executed W. Leopard, larceny, to be hanged, executed. Jos. Wilson, shoplifting, to be banged, executed. <3eo. Cross, burglary, to be hanged, executed. J. Roy, burglary, to he hanged, executed. J. B. Robillanl, horse stealing, to be hanged, executed. 181nn Fn. Oendrtm. nwrilege, to he hangiMt, <'XM'uted. Joaepte l>>Brien, borne fitetUtng, t'O be hangini, executed. And nro other men, xanie cnm**. to \iif YuMffni, do itll MMeh terw, L. Bmirguigiiiiii, grand Unfuy, to lie hauiretKy, whirh heuiK lUknred him bjr t^ at, he IN wnU-Mcwl fiir 2 y»*iUT» Hnum of Corrnrtioti . M. k.i.^.«ie, stetiiiUK iMMii « dwelhug Imhhi-, \a hr hsnfsd. Maf n JmWS NmI?, twmn lsi?. U> \- Iimi||m(, rxm-nt#d fAmumi Hurk, kmK^mj, to Iw hwnpd, «sw*M«d lait Im i» ti . I MONTREAL PRISON 269 Dec. 9 J. Menard, horse stealing, 38 lashes and 3 years in Hoiu3 of Correction. No record of 1820 can be found. 1821 Oct. 15 J. Gondreau, fr'ony, 39 lashes and 3 months. Oct. 25 Ciistley HuF, manslaughter, branded in the hand and 6 months. Oct. 30 P. Bourgoiu, hoiw stealing, to be hanged, pardoned by the King. J. B. Bourgoin, hoitte stealing, to be hanged, |)ardoued b^ the King. Two men Lauzon and Beaudry, petty laacery, 39 lashes and 6 months. KoT. 7 T. Burk, arson, to be hanged, pardoned by the King. Jii. Wightman, arson, to be hanged pardoned by the King. N. Gauson, forged bills, to be hanged, executed. A. JetTreys, forged bills, to be hanged, executed. 1822 Feb. 21 J.Smith, stealing, 39 lash«i and 3 months. March 15 E. Gilley, horse stealing, to be liauged, commuted U> 6 mmths. i. Lambert, stealing fowls, 39 lashes and 6 montha, April Iff W. W. Miller, bur{^r>-, to Ite hangetl, transported from th« Pronnc-e. April 8 J. Ouimet, pett}' lan> lie hanged, rrapited. A^. ft J Lame, nhaqi stealing, to he haageil, 12 nixmUw. ■•{rt. S Pr. Lantben, liof»e •tt'aling, tn ft* hMified, mapited. y«t. • J . Hurtl, l>urglal>, t4> Im- |iaU|fr.t, l«'«pitnt. J RrMihant, buiglarv, ti> he itaun^l, rMfMtod. Jaa. Hkmmmt, tlealiuf • bwk, it tMriH% IS i til Vm Jm It fhw BHi. 1» iMN^Wf H UMm ■mm ■i i ate I . ttuw 260 HISTORY OF THE Aug. 16 W. Daely, murder, to be burned in the hand and 6 months. 30 Robert. Blair, manslaughter, to be burned in the hand and 6 months. Oct. 28 R. Chambers, murder, to be hanged, transported. 1824 Jan. 16 M. Giroux, rape, to be hanged, transported. 19 Jos. Leger, murder, to be hanged, respited. J. Mongeon, sheep stealing, to be hanged, respited. J. B. Verdun, burglary, to be hanged, respited. 28 John J. Prime, horse stealing, to' be hanged, respited. July 7 Frs. Monceau, stealing silver watch, to be hanged, 6 year? to Quel)ec. Uept. lU J. B. Belair, steaUug silver watcli, to be bmiied in tlie humi. 26 X. Casavant, sheep steaUug, to be Imitged, King's pardon. 29 Joe. Bellerose, burglary, to b<' hanged, executed. J. B. Delenelle, burglary, to be banged, executed. Chs. Lauzon, burglary, to be hanged, eitcaped. Oct. 18 J. Potvin, sheep stealing, to lie luuiged, pardoned. Dec. 4 Jacob Dogluirty, forged bills, pillory and 1 year. 1825 Jan. 7 E. Hurd« forgery impleuieuta, to be h^uiged, nardomHl, 17 J. Belauger, nheep Mtealiiig, t/) be liangmt, [lardoiu^. Maich 1 J. B, ('artier, \mA Frenrh Cniwn, pill«r>' mikI 1 year- P. Uetuii>, home it4*aliii|{, Ui \» huifed, |jar*ton<«a by Oovem* nieiit. July 11 Rin LaUHtr, Nt#-iilui|{, to Iw tuuigett, wt{*\M. m Aug. Mrjrin, betm tteiliuif, t ih<-i-w t*- tuutifMl, jm Mamm iLuttnmtt iHuyUry, u> bf luiii|^ {■ On. 10 K. fmmm, Mwy. to !» bMtf^i. {wiiiwir;. Dm-. 14 Al< « Rt^iiiHt*., 0bmAitii§ hmm, k*-., Ut (» k« wWtm W/r ^^Bf MONTREAL PRISON 26i Sept. 9 J. B. Mousseau. grand larceny, " to be whipt 39 lashes on the naked back by the hands of the common hangman on the public market place of this city." J. Bouthillier, stealing £15, to be hangeil, executed. Js Learv^ I ™*DS^*"ght6r. to be hanged, they plead the bene- fit of Clery which was granted and they were sent 6 months to jail. L. Masse, robbery, to be hanged, executed. P. Duplessis, stealing a mare, to be hanged, pardoned by Gov. Kempt. 1828 Jan. 10 Anson Church, burglary, to be hanged, 1 year in gaol. Biaaou, uttering counterieit money, 1 year in gaol and pillory. M. Tough, enticing solditTs to desert, I year in gaol and pillory. 18S9 Jan. 2 Kimball, horw Htealing. to be hangi'tl, {lardoned. Hix men for sacnlege, two to be luuiged, 4 discliarged. Judith Couture, murdering Iut 5 children, to be hangmi n-prjevi'd. fn. tt B. Davu, uttvnng Iwii tuouey, 3 mnathn in gad and piUoryl Aug. 14 4 Thn^ loMi, atnihug an ox, to lie luuigPil, PSH^ted. May 3] A nuuif Hmiip ateiUuig, to br tuuigr«l, pairdaotHl liy Qov. Knapt. H«>pt. 12 J . (indiit, nhM-iiKtMiling, Ut Ijf tuui|{i>d, |«nkiiM^ t^ Gt . Kitnpt. (Jtt. 37 Two mru, utmlum, to Sw haa|(mi,12 lumitlia jpoj. Ttirrw mra, 90 hMW ^m ii n $t te N- haufwl, mmmmtmk M tMimaminent. P. LmIv^« iteaUBg ■ 'tnr, to far hiapil, injinMittaral . Ow. S f . foMkl, t">"*Nf ^t FmM!li Gievw, u> iHuid iMm, i« fat llMip^ pMinM bf tt» IM. ti 14 18 Oct, , 9 Jan. 10 March SO Jan. 2 7 19 262 HISTORY OF THE 1882 Feb. 15 March 1 Dec. 25 1888 ApiillS 26 July 20 Deb. U 1834 Jan. 10 iau. 30 July 12 1885 MMfhS 18S« Feb. 2 Miirch 11 lUrchSy lUnhSO July 29 Aim;. 1.1 Ai«. IB flwt. 18 0«.f Sot B i«ir« Two men, grand larceny, to be hanged, 1 year in gaol. F. La verdure Jc M. Foumier, robbery, to be hanged, respited. Chas. Gkignon, murder, to be hanged, executed. Adolphus Dewey, murder of wife, to be hanged, executed. Jos. Aaselin, larceny, transported escaped. Geo. Burt, bad |10 bill, imprisonment and pillory. T. Lanauvite, burglary, to be hanged, discharged by the Kings pardon. E. Fermaine, burglary, to be hanged, pardoned with condi- tion to transport himself out of the Province. McLaue, burglary, to be hanged, broke jail aud eucapeti. L. G. Lnrrue, forgery, to >« hanged, liberated. B. \jf\jfM\, honie stealing, to be hanged, commuted. N. Gauthier, horse stea'ing, to be hanged, 1 year in jail. J. B. Moreou, hor«e Htealiug, to lie hanged, imphsmcuunt 1 year. F. Ranachagrin, hc»w stealing, liailed. T. LauneviUi-, burglar>', to be hanged executed. Pii-nnl, Audy aiui Tnmatlie, hui^j^n-, t<> be hanged, broke gaol and ewaped Picsifii waw reiraptunHl xaA banged. J . B. Toamlie, larceny, ti/ be hanged, iio m-ord. L. (ligUMv, fattpr^, tn be hatigrd, ito re«xird. L. Guatbter. lan-rny, Ut tie haunMl, tnuMportad. («. CharH and J. BMiianI, larreny, to br haofed, OuvHt broke jail and t^afiMl and Banurd truuportfd for life. i . IMkttr aud J G*«iiaii, imiglitn , u< b*> h«tt||r*i , tnatpwrtMi fvlitr W. ft. Wmm, tamtfMnr. ta hi> fe«mHl, eiM|Mnitf Ihr 7 fmm, r. \mt\m, ftml a Iwm. t» \m tmyit. i h» Ii^i4 t — Ifciiijiii. S. UrfiinkitHAm • «3a«, «• W hi«p< t MBlliiB ^. fHHiHMlllf Omt 1^ A. tiMk V. ymni iwi i, ton wf , i* te. taawM, bM#»|«i MONTREAL PRISON 263 I will give one example of the order which the mili- tary authorities issued for the punishment of desertion and that will serve for all. " Sentence awarded against private Christ. Smith no. 948 of the 43 Eegt. " To be transported as a Felon for the term of 14 years and further to be marked with the letter D in the manner prescribed in the mutiny act. N. Booth, L. Col. 43 Regt. Ghambly, Lower Canada. 9 May 1838. On the 16 May the following paper clearly shows that the soldiers of Her Majesty then stationed in the Montreal district were continnally on the part of some of them trying to e«cai>e or desert. Town MAJOBi} office. Montreal 15 May 1838. Mr. Wasd Will have Ui<> gooduMM to rM«iTit from the officer of the 34 Rsft. 14 snidtffrs diHwrten und#r i«nt«iice of tnuisporta^ioQ and I irfiall be tl the gM>l this evening •Bd will tafora Mr Wa»d wiMt w to be done with th« CdliB McDoAai4 Tows M^or." Oft tiMi U Jntf. \)xTm aelditfrs are wmtlmmmA tli«0 tiMe itnrwt 14 |^«ni t HUi«irv TuMlai tl f «••« i Ulm M Millet. SI ^Mf* t 264 HISTORY OF THE This is signed by G. A. Wetherail Lieut. Col. com- manding officer of the 2 Battalion " The Royal" On the same day as the above Henry Fisher for desertion was sentenced to transportation "for the period of his natural life." He was of the 71st, Regt. Thos. Sutherland, for " Desertion " of the same corps received the same sentence and G-eorge Connolly also of the 71st. Regt. for the same crime •' Disertion " was prmshed " as a felon (transported) for his natural life." Again on the 3rd. Augt. I find five soldiers of the 7l8t. Regt. committed by Lieut. Col. G-rey, and all sen- tenced to transportation for 14 years, for " Desertion." I find also at this time many commitments for " aiding and abetting soldiers to desert" On the 19th Augt. Mag. 8t. Claire for " larceny " was M«nt«nc«d to be hanged and pardoned by the Governor On the 24th another for tb«* same offence l*rG«iiy, r«o«iv*d the Oi>venior't pardon afU Heing sen- tenc«d to be hanged. On ^ 9rd. Sift 1S8H J Ifal^iwaoii for hmmrWrm and fi^lisftf his kit raat iy d - tranaportstion for 14 fM» a&d to be brand M i^il ferthiir to Imi aurki»d with the Unrtm' ' .'<*»iEii<> %imm day Thot 6MFly TtiM Fnuieia mmi Pat. M. Ummtk^ aana et:«a Umm^\fm t mw n k mA t4 faaia asi i0 irkii ^ 'nm "mmt I liifii •• tit ym ligt *• iiHr t«» MONTREAL PRISON 266 Oa May 1839, no l^^ss than 24 soldiers are com- mitted for desertion, by orderof the Town Major, five ■were discharged the rt^mainder were transported. These men^belonged to the 85th and 34th Regiments. Again on the 14th of the month eight soldiers are committed on same order as above of the same Regts. and all were transported" for desertion. On the 30th May, two soldiers of the 73rd. Regt. are transported for de6ertion,and on the 4th July fire more are transported for the same crime belonging to the Both and 32nd. Regiments. Two men are committed by Lieat. Maclachan R. A. tor desertion and transported on the 8l8t. July. Daring the month of Aagt. and to the close of the year fifteen more soldiers are transported for deser^ tioD. « UUO Jan. 1£ kof,. Lt^Kbrn*, luNHKbrMkinn, to br \iam^\, rMfMtMl. AfMil 14 hr%M^ Williamii, inonlrr, t/i br hang^l. r*>it{Mt«d. ka^ .11 Joa t>iiin)iiMh>^>)i, tuunirr, lo b« hjtnif fl, tnuM. lor lifc. 1841 Jan. 23 J(Ni. Paul, imt^Hf, 4 utHittur III ipMul. I94S llafA I H, Ohhpm. mmidft, ^ ta* hmnyil •'■fw^MMl. Ml My 4 i.. W i miwr. mmrimt, 7 ymtm f P 266 HISTORY OF THE 18SS 1854 July 6 ]Vov. 4 -1855 Feb. 20 March 18 Jaly 15 1857 July 15 May 17 ,1858 Jan. 16 Jan. 26 June 21 Oct. 3 M859 IWarch 7 9 1860 Nov. 16 1861 Feb. 4 March 5 April 5 C May 9 Nov. 5 1862 July 11 D.H;. 10 IMS F«-b. % M Jm. 5 JmwI) Two murderers sent this year to the Lunatic Asylum, nine men hoi-sestealing, sent to P. P. Mag. Doherty, died of cholera, first instance. I. B, Bertrand,Highway Robbery. sent to Lunatic Ass. Wm Gray, murder, to be hanged, pardoned. Wm Buchanan, horsesteal'ng, sent to Lunatic Asylum. Chs. Durrand, arson, 7 years P. P. En. Durocher do do Jos, Maroony, felony. 5 years P.P. Fer. Sperando, sacrilege, 5 years P. P. Wm Jones, murder, to be hanged, sent to P. P. for life. A. Am. Crispin, murder, executed. J. B. Desforges, murder, to be hanged, executed. J. W. Horoett, murder, to be hanged, sent to P. P. for life. Wm. Lee, attempted murder, to be hanged, 14 years P. P. Ja«. Thompson, felony, 14 years P. P. J. B. Beauregard, murder, to be hanged, executed. Cath. McDonald, robbery, 7 years P. P. O. Leduc, horse stealing, to b«? hanged, 5 yean P. P. J^ase Patterson, murder, to be hanged, reprieved. F. Warren, wounding, &c., 5 years P. P. P. DcUiC-ra, arson, 5 ytarb P. P. Mary Webnter, murder, to be hanged, 5 years R. P. Alex. Buriu, murder, to be hanged, executed. Thos. Milffs, murder, to be hanxed, P. P. for Hfe. John Mawn, murder, to be haugH«i, executed. John Gn»u, 16th Reg't, murder, to be banged, 10 yean pttiitl ■nritotk. Jaa. EiBfpky, a M^dier, dmuk, kc, 4 yean penal wrvitiide. M. Wklafa, violeoor, hv.., tnuutported fnr life. /ieil, steahug, 6 yean* P. P. H. Pi<»>tte, krusuy, It years, P. P. M . < 'haput, burglary, l> yt-an P. P. A. (iervaiit, aawuilt, etc. 7 yean P. P. C. ComveKO, kroeuy, 7 jrean P. P. MA. i^MXt, arwm, 7 ytam P. P. M. Nurniau, robbery, 5 yewii P. F. H. Mnyvem, warflir, #>(4«cik«^ K. Wilmni, burglary, 6 y««n P. P C. (:«tttn«, \wim •t««tiag, h yeus P. f. O. iMufpniM, mfir, 10 ycMi P. P. J U>*jnipir, m k hitf , i pmf P. P. imitm tkm¥«i^ ■MWi>r, i JFHI* f P. J Ptww% mmm tiagtta, 7 ytrnt? P A mm Hiiltog Mttm, W r^n P. P c ■■■■wi% imliii«.>i^iP. P • mmPP July 2 3 1867 Dec. 27 1868 Feb. 11 June 6 Sept. 15 19 Nov. 3 1869 Jan. 18 1870 May 30 1871 March 16 May 6 1872-73-74 1875 April 6 1876 March 7 June 30 Aug. 18 1877 March 19 Oct. 6 1878 Jan. 23 Aphl2 Oct. a 1879 Jan. 18 June 28 Sept. 10 31 Dec. 4 1880 July 10 AugHt 18 SofH IMl JalyW 31 Apnl27 Jaif 1« Amiptun Mi lUfriil Afvil 10 Mftt Mm^.m M^t 4 Oi*. 11 XI Hn Jwiv t 268 HISTORY OF THE 1884 8 19 March 10 April 6 June 25 July 11 23 Sept. 3 Oct. 31 Feb. 16 22 ilarch 26 27 April 4 May 9 31 AugstlS Oct. 27 1886 Feb. 4 6 May 5 19 June 3 17 July 18 Aug. 1 3 19 Sept. 3 Oct. 7 Uov. 3 13 Dec.ift 81 J. Hang, larceny, 5 years P. P. T. Milloy, murder, to be hf.nged, executed. John Clarke, Larceny, 5 years P. P. Geo. Prowse, atuempt to murder, 5 years P. P. J. 6. Dubois, rape, 20 lashes & 12 mouths. H. Landry, larceny, 5 years P. P. M. Lamere, stealing post letters, 8 years P. P. M. Bergin, larceny, 7 yeais P. P. L. E. Sanford, obtaining money etc., 5 years P. P. L. Berthiaume, stealing a mare, 5 years P. P. W. Lalonde,stealing mares, 7 years P. P. J. Jordan, larceny, 10 years P. P. W. Jordan, larceny, 7 years P. P. Geo. Nelson, larcsny, 8 years P. P. Nap. J "febyre, larceny, 7 years P. P. C. Duval, larceny in a church, 5 yers P. P. J. Poitras, stealing trom the person, 7 years P. P. Jos. Hogue, larceny, 5 yeare P. P. Ed. Dusureau, larceny, 5 years P. P. W. Harris, burglary, 15 years P. P. W. Brown, burglary, 15 yeai-s P. P. Henry Bloudin, burgliuy, 15 years P. P. Henry Howard, burglary, 15 years P. P. P. Monday, burglary , 6 years P. P. J. Boissure, stealing in a church, 10 years P. P. N. H. Hall, forgery, 12 years P. P. Jos. Corriveau, larceny, 7 years P. P. S. Camfel, rape, 7 years P. P. Joe. Dunn, larceny, 5 years P. P. L. Marcil, robbery, 7 years P. P. B. Thompson, robbery, 5 years P. P. John Marks, larceny, 5 years P. P. L. Delaunier, burglary, 6 years P. P. lliomas Norman, stealing, 7 years P. P. John Bmgan, arson, 7 years P. P. John Kinsala, burglary, 7 years P. P. 0. Cochue, larceny, 5 years P. P. Wm. Reddy, highway robbery, 6 years P. P. MONTREAL PRISON 269- CHIMINAL TABLE FROM A.D. 1812 TO A.D. 1840— (28 Years), Sentenced to be hanged Hanged. but Reprieved. Total. Murder , 7 Burglary 12 Robbery 1 , Shoplifting 2 Larceny 2 Horse, Cattle h Sheep steahng 13 46 Forgery , 1 Sacrilege 2 Arson High Treason 12 Rape 2 4 11 39 61 15 2 18 4 23 25 46 59 9 10 2 4 4 4 93 106 2 4 54 239 298 CRIMINAL TABI>E FROM A.D. 1840 TO A.D. 1886— (46 Ybaes). Skntbncbd to be hanged Hanged. but Reprieved. Totau Murder 10 8 H Burglary !....!!!. Robbery Shoplifting. ,,.. o # Larceny ,,. \ ^ j Horse stealing, &c Forgery ! Sacrilege..-,. Arson.,... Housebreaking 1 1 Felony 2 9 HighTreson. Rape , 10 12 9B KECORDER'S COURT. Dronk ahi> vagrant. Number of arrests in each year. 18«4 «,602 1866 6,727 1866 6,897 M«7 6,360 IMS 7,022 IWd 6,648 1870* 6,810 1871 7,781 1872 7,676 1878 8,668 1874' 8,878 1876 ,.., 6,288 1876 3,b5« 1877 2,499 1878 2,679 1879' 2,190 1880 2,802 1881 2,686 I882j 8,014 1888 2,809 1884 8,698 1886 8,221 TaVERNM, open ok SUNDAYS OK AFTBR HOURS. 1864 204 1866 98 1866 136 1867 H28 1868... 99 1869 10/ 1870 16S 1871 26 1872 28 1878 26 1874 69 1876 , 38 1876 68 1877 41 1878 49 1879 66 1880 , 68 1881 63 1882 26 1888 40 1884 36 1885 12 CHIEF OF POLICE. KO. or ARftBSTS IN EACH /RAR. Drunk. 186 rrr. 4,175 1«6« 4,876 186S 4,274 1669 4,200 1870 4,684 1872 6,277 1878 6,666 ll74 6,220 1877 1,764 1880 2,656 1881 2,896 1882 2,784 1888 8,261 1884 1,780 1888 M92 Drunk and disorderly. 1865 722 1866 938 1868 888 1869 776 187i» 774 1872 880 1878 606 1874 677 1877 871 1880 218 1881 165 1882 ...,. 298 1883 268 1384 298 1886 228