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COAJMON SCHOOL TEACHER, SPRINGFIELD. i Soronto : PRINTED FOR THE PUBLISHER. 1844. t ■isiiMiJftfow '^j •^. :> c-iv, ;.«. -s Q, TO CHARLBS jn^GR^lTB, OF MACKENZIE'S CASTLE, CREDIT. Sir,— As an acknowledgement of gratitude for numerous favours received, and as a token for your general know- ledge of Slander and Verjury^suhjcds with winch, tt xs needless to say, you are fully acquainted; tins ParnjMet, on Slander, Perjury, "nd other viciou, practices, m all thexr forms, 16- most humbly and respectfully dedicated, By your much injured Servant, Common Scluwl Ttvthm ■ Credit, Novenher Ist, 1844. The of imm oeedinf gaveD time. It ap — , ha^ lo the I Quebec of succ heard c Clerk o gentleir •hip. proper ^ credent mend h his v'ep Still ia erect and apr The procure without suri'oun t Iiidec the Man 'to keep J The months, dutj', wl Thef and the upon the the men and, aft€ Magrath land on \ *t)l-.»Uil»>|^«BR«;i.l».l«^»t»(«WB«ilf -•?»»»<«" rm T. numerous al know- licli, it is l^amphletf n all their / I The Author, whose great objpct is to purify society by the suppression of immortality and crime, feels it to bfi his duty to go fully into the pro- oeedingsofthc iVlagrath family, from the period that the old frentloman gave Dixon, the Wine and Brandy Merchant, the slip down to the present time. ' "" It appears that the R e/v^^ gentleman arrived in thisProvi nPP in the year ^<*^ --, havjng a uifo, daughter; and lour «ons. Upon his an-i?ai he apnlied /• / - lo the present Lord Bishop o( Ton.t.to, and to the late Lord Bislloo of^^^'"^^^**^, Ci^ ant, I Ttdohm . I of success until Colonel the heard of his forlorn situation; an.| u ho, thro.i.h Mr. Giflbrd' the late I Uerk of the Peace, m the (Jore District, took compassion on the Rev s gentleman, and rocommcndrd him on account of his povertv to his Lord* •hip. Bishop Stewart told t'le Colo,,,.], that he did not think he was a . proper object for consi.lerafion, liaving loft liis native country withouf anv credentials from a Bishop of tho . |,„rch, and having notliin^ to roeom mend him but a list of namos of various individuals, purportin':; to lament ins >^epa -.ire, which any person mi-^fit have ohiained as well as Ma-rath' : fetdlh-Colonolporsoverod; .iU(l,ashehadhoen a most active ao-ent m erecting the Church at Sprin^uli.ld, the Bishop conceded to his wishes and appointed the Rov. gentleman to t!ie livinir. ' The iVIagraths manifested the deepest gratitude to the Colonel for havintr procured for them the m-aos of support; and few, if any day. nast hf without the whole of the Magratl-.s,' \. s^me of the fand y, bJinrfound surrounding the hospitable table of tiie Colonel. ° Indeed, it was remarked by some of the Colonel's acquaintances that the jfa^raths had taken possession of his house, and they were determined The sumptuous rounds of eating and drinking continued for manv nionfhs, until the Colonel, as a Magistrate, was called upon to perform a duty, which was to him very irksome and unpleasant. The Magralhs became possessed of u lot of land on the River Credit* and the floats of timber, &c. coming down this stream frequently lodged upon their land. Upon the arrival of the floats at the mouth of the CredU the men in charge of them discovered a serious deficiency in the lumber ' MLlntf ^ g^^?*d,^^» o[.«^a^^h and inquiry, they ascertained that thi Magraths were in the habit of loading the boards that touched upon thS? land on waggons, and carrying them up to their residence. 'i^ et Quebec, the Rev. Hon. Stewart, for a Church living ; he had no prospect of success nnt.l Tnlnnnl tl.. FJonnMri.hle Sir Peter Adamson, K. T. S.^fA'7 ; The Colonel granted a search warrant, the boards were found in theff possession, and an order was issued to a constable to bring their persons before the Colonel. . This the Magra hs evaded by inducinrrthe constable to take them betont their friend, a Mr. Thompson, a Justice of the Peace. The Majjraths insisted upon their riirht to take possession of all boards, &c. that floated upon their land ; and the complaint was, for some cause, ignored by the Grand Jurors of the Homo District. The Magraths immcdiatolv wheeled round, lost sijiht of the great favorij conferred upon them bv the Colonel, and denounced him as a comhinator! and actually had the impu^ in a teapot, the Canadian rebellion placed them unmeritedly in a littl* brief authority. , Upon the first intelligence of the outbreak, Lieutenant James, without informing the Troop to which he belonged, scudded offto Toronto on Wed- nesday morning. iVlajor Tom, (who had not then found out the way ot punishing his men by gagging,) who has cut so recently such a grand figure in the Life Assurance Companies , proceeded to the month of the River Credit with 15 bold dragoons, and then deserted them ! lie cm- barked in a boat, and, when he got out of pistol range of his men, he told them to their astonishment, to make their way home the best way they could, as he would not venture to take them by land to the City ! Upon on inquiry as to charges preferred against this gallant Major, in 1838, for anonymous slanders heaped upon the Officers of the Regiment commanded by Colonel Adamson ; tlie Major was asked, how it was that he deserted liis corps the day previous to the ever viemnrahle battle of Galtoios Hill 7 lie answered that they had no ammunition, and that he had heard (a ^ jrallant excuse) that the enemy was iri possession of the road leading to « the City. A Lieutenant Chambers was called upon as a witness, who stated, that he was one of the party under the command of the gallant Major at th« time he had deserted them at the mouth of the Credit ; declared, that each of the men had six rounds of ball cartridge, and some of them had mor* than six rounds ! That he, the witness, did not hear it expressed by any person on that day, that the rebels were in possession of the road, and that the gallant Major knew as well as witness, that Colonel Adamson and Feveral of the Militia oflicers and privates, had proceeded by the road to Toronto. To a question put to the Captain, upon what grounds did he presume to . arrest, three days after his own cowardly and unsoldierly-like conduct,^ |i! I ¥ t* |i 6 Captain Lewis, Sergeant Herron, and some other persona of undoubted loyalty, one of whom ho had put in irons, and tak-n them as rebels to the City of Toronto? His answer was, that Captain Lewis had voted for ^^ // Mackenzie at the late eleution, when the President of the Court remarked, Jrr^/iilL--=- ^i^at the votin|jj for Mackenzie did not constitute a criino ; that Mr. Carey, 4^CC' f whose loyalty'^no man could doubt, avowed to the Court, that he had voted ' for Mackcnz'if", and ho presumed Major Magralh would not attempt to impeach his loyalty. The prisoners were draprc;ed from their homes by i\\h ^nllavl deserting Major on Saturday everiinir, the father of lliis youn«r would-be Wellington attended, at Springfield, and directed tlie party to load each of their pieces with a ball mid three buck shot; and, if any opposition was offered THEY WERE TO SHOOT THE PiusoNEiis ! and then the pious Rector ordered them to march. ^ . t> i 'J he next morning the prisoners were taken bofjre Sir Francis Bond Head, who liberated tlie whole of the persons taken up by the dastardly po^tron ' , . P »f At the inquiry Mag rallt's statement about Captain Lewis votmg for Mac- kenzie turned out to be a bare-faced falsehood, as Mr. Lewis never voted for Mackenzie. It appears tliore were other causes besides that assigned by the gallant Major for his having dragged Mr. Lewiy from his home as a traitor. Mr. Lewis was then one of the most extensive mercha nts / h between Toronto and Hamilton ; the pious Rector, the father of this young , . "/ would-be a Wellinstori, but for want of courage, was supplied with va- y I V rio"s articles of merchandize by Mr. Lewis ; and, from his mode of pay. i/tuioiit«*v»^»^ manufacturer of wax enclsl No in:in can despise the littleness of such ,,. ^ mean insinuations more than the writer, who knows, that some of the//.<5r2-i..^cd.c^ he was told that he ought not to reprobate Magrath in such a manner, for, (f' \n reality, he was his most zealous friend. Mr. asked in what [) , respect. The answer was, that Tom had felt such sympathy for tho dii.iii,^^ •ufTeringB of him and his family, that he went about with a subscription. ^ ^j^ _/ . paper in order tn r(>1ipvA thf>ni frnm npniirv. nnrl fhnt iVInnrrntli hnn indiin^/) /> *^ y ' '/ r to relieve them from penury , and that Magrath had induced /, "^ ioe ten shillings, and that he had known several persons XoiJ Here then is the honourable work of thft him to subscrioe ten snuimgs ogmtribute in the same way ! \ CCCc .^^C— -|r ?f»ps^^jr!^ 10 i jUOy .4? 10 lant and deserting gaggin.G; Major ; he promises his friend th.. loan of A sum of rnonoy — he goes out and begs from scores the sum required ; he XSalk upon friend — — and gives him the money, not as the gratuitous donations of the humane and charitable, but as Magrath's own money! and took an obligation for the repayment of it ! Poor was aroused to madnnss ; his first resolve was to challenge the gallant Peculator ; but « friend advised him not to do so, upon the ground that the duel, if Magrafli should appear on the ground, would terminate in a cork-bullet duel, for the whole family had a strong antipnthy to anything mightier than cork, or feathers. Mr. bowed with deference to the opinions of his friend, and appeared detennined to try v/hat elfect a cow-hide would have upon gagging Tom's back. But here again his friend interposed by assuring him, that punishing the Major with silent contempt, and com- municating the baseness of his conduct, vv^uld bo more severe to an old offender of his description than the cow-hide. The legal mistakes of the Vlagraths are not confined to lumber floating on the Credit River ; they have extended to cattle and hogs, as poor Mr. Hair and Captain Rol)crt Cotton can testify. The Reverend Rector, fed as his own, an ox or steer, the j)roperty of Mr. Cotton, and refused to give it up until Mr. Cotton ha 1 thrcatend liim with an action of Trover. Mr. Ilair, a man struggling to support a wife and seven children, lost his hogs ; they disappeared as if by magic for the space of five weeks ; his wife and himself were in search of them, but could get no tidings whatever of them. Fortunately, one of his children in passing Magrath's yard saw three of his father's hogs, and told his father. The father proceeded to tb.e yard, and found his hogs well fatted by tlie Parson , and their ears bored with the Parson's usual mark !! The labouring men employed by the pious Rector have to take store pay; and whilst potatoes could be had from any of the farmers, for cash, at Is. Od. per ushel, the poor labourers were charged 3s. 9d. per bushel, by the pious Rector ! When l)eef was to be had in abundance at l|d. per lb., the Magraths' labourers were chargrd by him 3d. per lb. ! The author, who happens to be a Book-keeper, can vouch that the smuggling transac.ions of James Magrath during his Magisterial power and, in posting up certain | ^Uu^uaUd' f ^^ C>U^cl ffi" were very extensive, and his profits great : ai , / / ^ hooks, tiie author finds that a portion of this contraband tea is not yet paid for ; nor will it ever be, as the Magraths have threatened, if sued, to take advantaije of the Act of Parliament ! Surely the Executive, with these glaring and fraudulent transactions before their eyes, will not again dishonour the Bench of Magistrates by appointing dishonourable smugglers to it. Of all the men that the author ever knew, none can equal Charley l-Ut^ { \ ummmtm t iiiuaikAjma m jitgijjwigjaHaSiS'? >««Wt^4Uf*7et<^»n immms^m0^'*ia»m>i ^mmimmiM,didimimmm»m^m«mm>mimtmmF-T. I thv. loan of A eqiiircd ; he «»ratuitOUiS owfi money ! was aroused culator ; but the duel, if 1 cork-bullet inj^ mi<^htier le opinions of v-hiilo would nterposed by pt, and com- 3re to an old Tiber floating as poor Mr. ;1 Rector, fed fused to give ^ rover, children, lost ' five weeks ; 3t no tidings icr Magrath's ■ ^•ell fatted by irk ! ! to take store lers, for cash, d. per bushel, le Mag paths' uch that th« , sterial power » y up certain | tea is not yet * ened, if sued, t transactions lagistrates by squal Charley 11 ifagrath in the aspersion of female character: he has been the cause of^^***"^^ oringiug ruin upon females of respectability, as well as upon characters ^ ""* of many humble individuals, indeed, he is a man who glorii>s in his base- /^i^i^^->^Jt^ ^ aess. Only thinkof him and his brother Ja nes almost readv toslau^hter ^^i^^a^ each other about an unfortunate girl of the name of Ar)ii Sim|)son, who i^^^^- lived a servant with the Magraths, and was debauched by at least two of ^' ^^ tlie brothers, Charley and James, as admitted by themselves and the unfor- *^*y^-^^'»^ tunate girl ! ! James got her to say that the ohild was Charley 's ; and Charley after some days tampering made her assert that the child nelonged ,/ to James: both brothers became violent, and their pious father, in tht x^tx>*<-*- hope of allaying tiieir hostile feelings to each other, had a meeting eon- '^ vened, and he, after having heard the statements of his si^ns, like a man r-^^^ti^ of this world, advised them as the evil was c irimitted, to settle with the girl in the best and cheapest way they could, bs giving her a small sum of /O yyy j money and sending her away from the neighbourhood ! With tlie request ^^^^"^^^ of the pious father the sanctified sons complied ; and, in onier to wipe all odium from the family, one or both of them bribed the girl to swear the child upon another individual ! As to James' conduct, it is well known in the Citv of Toronto, where he, instead of supporting his offspring, sent it to the Workhouse ! My readers, although I have stated I would not dis(iust tlie public with a recital of the blackguai'd language and slanders of the Magraths, yet, I think it my duty, for the sake of female character, to point them out, so that the heads of families may be on their guard, and not admit such ruffians to cross the thresholds of their doors : for, to my knowledge, a young and innocent female, the daughter of a particular friend of thr Magraths, was so grossly aspersed by Charley, that a young gentlemen who felt the noblest attachment for her, had, from the language used by this monster, to drop the acquaintance. But, it appears that the whole family are tainted with a slanderous propensity ; for even the Rector, in his first conversation with tlie author. in this village, asserted, that all the inhabitants (except blacksmith Wilson and innkeeper Ballinger) iDere rebels! although a very large majority of the inhabitants, and as the Rector himself well knew, were mad loyalists. But it appeals that a rebel, in the Rector's mind, is not a person that is hostile to the Sovereign or institutions of the country, but a man that would feel it to be his duty to tell him of his own improper .onduct, as well as the infamous conduct of his sons. y , I dare assert, that loyal Wilson and Ballinger never reprimanded him '^^^i**A^OiL^ or his sons, for having sw£fm a bear, caught (ish, purchased butter, pease CuL,,r»^// salmon, mutton, &c. ! and, as the Yankees say, hooked boards out of th« Credit on the Sabbath ! Neither did they reprobate Major Tom and " Coptin" James, of th« ' mutmmmm ;'f^'**^S?-!:^!l?!»iatfiSf«i ??;^*ifflfi^S!^Si^pS5»^Sm5««^^g^*s?-'««l^^ ^ UA.Ci'*' 12 fencers, f)r having stabbed a Mr. Campbell with a spear, because b« kad reprimin^ed tliem when he found Ihem, on the Sabbath eveningy •(»eariiig saluion in the river! For this act they had to borrow forty dollars, and pay it to Mr. Cam|»- heW to put d stop to a prosecution. Theref irp, as loyalty is viewed by him, not as obedience to the Queen and the (]Iov»rrnm»Mit. but as attachment to himself and his hopeful family, he, of coursf, consi. sevon small had bought But all per- are not the themselves ens as have greatly de- foi'nior. operly ana- )y Charley tiaman, for that he had le part of a •ish broguft, :he pay list, should sign leen a York ol as refuse all not turn ley from the e money be as an oyster I » 13 It is surprising how some inditiduals secUiO fortunes ai iT by accident- Only view the large sum so recently secujie d by tho gfig^r^'g Major., ISm Magrath. Here is a man that never possessed a shilling of his ^wn until he hatl married Miss Ho se. After their marriage, so needy were they, that the gagi-'iui^T Major bad t6 turn teamster Shortly afterwards chance, not gallantry, placed him as a *• Coptin" ci the Lancers ; and in this capacity, although expondiug his? pay ami allow- toces, he continued to save several hundred pounds. ' Having been deprive 1 of his piy aid allowanof^s bv ;h'> reduction, he **^- iUU sported as a mm of rank an! fas'iion at th^ S'?;i» of ( i >vM;>iU mt ; for /tM, he tppeare I to be always tugging at tho h^elof aG >y .•r:\ot\^ sIj f, tosonae ef whom, if we believe the R jctor, heg'iv> sphn li 1 '^ni'^rt.iiun Mits ; and, ^ m order to do the thiiv^r neatly, tho ai^^d Hector fui-;)ivi^d :v)>' I'o'n with -^^cx^ao^ wrna of his oldest atul best currant whiskey, supposirvi ihai w '.v;)uld be a ici^„j,JjU^. stepping-stono to secure a situation for Tom un lor the (iovrrna! iit. The gagging Major, after havinir expMuled mor? than h" could weli ■|>are in the pursuit of oflioe, gave up all hope of attainiri!' o!ii>, and he would no doubt, but for a wise exp client, have to vAwx'a ti> th*' tiaming life again, — a situ ition which he was nuich bettor quaiiiir.i fo fill than that of a " \ "optiii" of a troop of Cavalry, or a uai^.r r of ii,e pirsons wIjo had the misfortune to serve under such a gallant ofTic r, It appears that he has as a last resort insurfMJ hi:, ivif- •,- life for CO* year, for a sum of what amount do you suppose, reiider ? Not for hundred pounds or one thousand pounds, but f".>i ni;.;- thousand pounds. Is not this truly astonishing ? Poor Mrs. Magrath. who was in porfcet healtli a day or »wf) liefore th» expiration, (of one of tho policies, for ho had edocte I insarivKr-s upo;i her life in three oflicos, for fivo thousand pounds in eac!),) wa;i fukrn suddenly ^y ill, and expired the sauie evening. Poo, That evening, if report be true, he applied to a clor;rvnnn in Kingston/ to attend at 5 o'clock the next mornin;": lo inter lipr bilv , ^).ir! wrote to the( insurance agents to pay him the sums insured, fifteen t!i uMiid nounds! / Here was an ascent for the old teamster ! but as vf^t. I un told, ha hai^ not received this Canadian ■plum ! and I trust he never wt!!. Reports of a very unpleasant nature were spread thiou'.'!.o'jt the country, tending to show that there was something besides fair play in the sudden exit of Mrf. Magrath. /^^^ y Her body was exhumed, and a post mortem examination \vaA ; and thex^'?^^^ Major, who In the midst of his assumed afHiction was quit.; awako, selected *^?^^^ ' two friendly doctors in the City of Toronto, and shipped them off 190 milee t9 examine' the body ! This added fuel to the fire, h became tho topto ^.•.-/;iv. ■f-<-^ --- ;•' ', ,,j;.,-./^wA^' 'A ,i>-o-^ \ \ .V f 'a!j4(#»stosa«iM«>8^fjijji§jlJ;j«^ ^ia^»iC}iji|||iajife--i«ia{aaiwaaa4»irt-J;^ ' r*' ill ■ 14 of conversation : for it was well known that Kingston was as well pro- Tided with able and scientific professional men as Toronto, and tliat the gagging Major bad no cause to doubt their judgment or veracitv. This flagrant act, although the table talk "of almost ev^ry fam'ily in the Province, uas not, strange as it may appear, noticed bv any of tht numeroiB P^Iitors in the Province. I would like to know "if they were bribed or intiinidated ? There iiinst he somnthing to occasion the gagn:ing of E-litors of this Proviru^n, whitjh would have aroused, upon such a suhj-^ct, the whol» press of (ri-Piit Britain. To ail Kti<_rlishman it would appear truly astonishinir. if an individual (like thp fr-i!r.rinrT Major) were \o insure his wife's lifp for so enormous a sum a^ fiff pii thousand ponndi^; and that wife's exit so sudden as poor Mrs. M.irrriith appears to have been, without any notief^ of it. Not a wor 1 i;i anv of the papers about her sud Inn df^ath, - the sums insured u..on hf-r lifo— or the exhuming and examination of her body ! Shamr^ upou the conductors of the press of this Provineo. It no'v •iprua'-s that the Insurance Offices demur to thf> liviivr hushand's applicritio'i for pavmnnt ot the fifteen thousand pout)ds ; and in order to compo] rheni to pay the amount, the gallant Major h is spjcctpd tlie twice convicted slmidcrer and nnfnnous perjurer, Charlev M-Kmuh, lo net as hia agent, anrj !eper. The cork bullet duelist, alias, the Jack of Clubs, supposing that he could make so.n-; profit, on thf^m. by getting tliom reinov.vl from their i)resent quarters to the house of a poor man in his debt, anl, in order to eff-ct his objeei, ho had a petition or certificate prepared, testifving to ih-^ z ;al and loyaltv of his debtor, and pointing out the necessity of having tho s(jldier» reminoved to his debtor's house, and to the shame of several persons be it spoken, that this same cork-bullet duelist had Muv and son used every means in their power to have one of themselves and two of their tools elected, and they were so certain of success, the, factually had engaged another Teacher. The election, which was hotly contended for, and of a boisterous description, satisfied them that their boasting and their efforts were unavailing, for Messrs. Cox, Vanvalkenburgh, and Carey, were the choice of the majority. Still they were not satisfied with these defeats. There was a bone worth contending for— a sum of (£50) fifty pounds was to be expended in the erection of a school-house; this • urn the Magraths wished to have the controul of, being well aware that t he person or persons employed in the erection would have to take in stor* •y, at their very moderate prices, the full amount ot the building. Tbtff ^1 ff^/ft^ fr mJMmmim mm i mt^r^ -i r.*j«i»«''' 16 II protested atrainst the election : and the School Township Saprsrintendent (osisted thai another election should take place. The day fsvod upon for (he trial of strength and patriotism was during the Assiz. s, when thirtecu fft the voters were in Toronto, as witnesses, and jurvmon. 1 ho .Magratba tppeared to be certain of victory ; but at four o'clock in the morning of Se day of election two teams were started from this pUcf^ lo proceed to • the City (19 miles,) in order to hrinji up the friends of so«.m..! or,|pr. Ami ^ /• within 'half an hour prior to the polls ope.ung, the gallai.l f.-mor. mad« LHCvuCC their appearance, and the Man ruths' tribe were m the rnumiity. Ite // Chairman (Mr. Oliver Hammond) and the Trusters f Vcte., on the firtt NuA^t. -^ day were aj^ain re-elected. Indeed, the only persons opp ^s d to their L. r^dt •leclion were the Nfa-raths ; three of their labourers, a-id nv. porsons m their dol.t, and Do ctor Di.xip , of Primrose Cottage, whom tn. v hU)rmLs perjurer, C\yAv\vy Magrath. Surely our highly .. >;cted doctor will in future avoid as>ccitttii ^^ with such a cess.pn(>l ^ During the period Vlagraths have had the Post O^T.'- -, ';•;'"-;■'^v ami mimeroiis complaints have been preferred against th- ;.-» i'- 0. \ . M. fcr. Stavnor, to all of which, althounh letters were piov n (.>n' v.me of tJ» ': most respectable men in tlie country) to have b-en -!• tm^.-' and mler- oeptrd, seals broken open, and other violations of thr- Pos- 0:iv:.. r-pgulatiOM J.e has turned a deaf car, insulted some of the c.r^mpit^Hun.ts, and sup-_ ported the Majrraths in the violation of their duty, if »c.t o. \\v. ir oaths ot \ office, as will appear by the fallowing correspondence -^ ':*• Tho author's first letter to Deputy Postmaster GcnFr-'l ^v.^./ner, appeam to be inadvertantly misplaced, the substance of it, ho^v-vc r, is embodied in thcOii^oi^'s memorials to the Governor General, a.w] Tac following ki •^1 Mr. Stayner's reply thereto:- General Post Office:, Quebec. 14th Ptcmiber, 1843. fiiR.~I have to acknowlegc the receipt of your letter of i ... 7; I. instant, com. 'i plai m. g of your having been insulted at the Credit Pos. (a.. . nrd that you Sad ported two letler8%t that Office to a correspondent .. (p. Hnited States ipon which you had paid the postage, which had not l.reii o.i took tfcj ietter/to the Office yourself, or whether you sent it by »J»o<,ier person, aii« whom ; to whom delivered at the Post Office, &c. I shall i Toronto, t your furni To J. K. Sir,— I into the cl rnation to If you i person pr you are, just coinp trouble of the dep.ir and Mr. 1 attend, tc "whether ) fsuch auei 7nonses, s ihe day Magrath 1.0 the prf those cou vent the jmporlant employ ol charire tli if vou h;i\ the guilty As to 1 that it 111 against lli it will esl I ho has be As to i; prove to } l\istnia.sl( paid ihe \ received, not entili and neigl gatioii to they dare a great in liopin ■i-9^*m»^-''f'3fi^v^ftmvmmisimi-'---f-t»>>'--- IT '■^ "irintendcnt d upon fur en thirtecu i Magratba i morning of t| proceed to f- -(U'r. And ] ioor. madtt >!ity. The j ')ii the firft il to their porsons in iu\ imposed intprost, bd uiost every roament iii hfMi he had ■mdereraiul j : cted doctor I I •iM'ir'ntv ami | ». P. M. G. vtnif of tin iuifl inter- rpfTulatioM Is:, and sup- i ifir oaths of ner, appears is embodied following il fr, 1843. instant, coitt- nrd that yoa nited Stateif (I. iierepsary, i» n^. that dateji \oit took til* - person, ani 1 ehall instruct the Post Office Surveyor, Mr. J^reer, who is stationed a; Toronto, to loolt into the complaint advanced by you, and I will be obliged by your furnishing him with the particniars to which I have adverted. I have the honour to be, sir, your obedient servant, [Signed] T. A. STAYNER, D. P. M. G. To J. K. Dean, Esquire, Credit. Credit, January 4*li, 1844. Sir,— I have to inform you that upon the plan proposed by you to investigate into the charges preferred a<,'aiiist the I'ost Office here, will not f^ive that iiifor- jnation to you and the public, who are as deeply interested in this inquiry ;)s I am. If you are deiennitied to receive no testimony from any por-*o:i, except that person prefers a charj^e in writing to you against the Postmaster or his i):puty, you are, in my opinion, crushing the inquiry at the tnreshuld, aid siilling the just couiplaiiitrt of the airgrieved. There is not one in ten ihat will lak«; the trouble of writing to you°u|)on the subject, and from tiie littln faith placed in the department bv many in this part of the country, owing to th;.> iiivo(^ti;,rition and Mr. Slayner's decision thereon some time ago. b5omo s^i.- tlipy will not attend, to prefer or support charges, unless compelled. 1 !)(,-_' to know, sir, ■whether you have it in your power, a.^ is the practice in Enirhii'd. to com nand such altendiince ] If so, he pleased to furnish me with a (1oz^m> copins of suin- 7nonses, so thai I may li.u'e them served on the persons necp.-^sai-y J<» 'i'!^' id oa the dav of oxaminaMon. As to the necessity, as you state, of farnirhing Magrat'h with the charges and .names of the agsrrieved, it it;, I iiclicvr, onntrary to the practise of all Courts of Inquiry, and would have a t-^ndiMicy to (Miable those complained of, either from ilit'ir'intluence or acts of intimidation, to pre- vent the aitendanco ol witnesses, some of whose testimotiv w mid have an amporlant bearing upon the case For instance, can you expo.-,! a person in the employ of the Mat'i-atlis or in their debt, to come volu itarilv forward and charge them with delinqiency? You know they will not. And, 'he-rlore, if you have not the power to compel their attendance, wlucli is niist maienal, the guilty may be screeiieil and ilio innocenf will coniinne to sal!;':-. As to my statement with regard to the Rev. James Alat/raili, it is my wish that it may be investigated, and, although you assert that n cannn! oj»orate ugainst Ihe' Postmaster here, because I liad not complied >villi bis r(>q lest — vet it will establish the charge set forth, tor the old gentleman cannot deny that jha has been in Lho lia'ait of receiving ids letters free of postage. As to my charge of assault against the Postmaster, 1 beg to sny tinf I will prove fo your satisfaction th, ^ I have been most grossly insulted by thi-JJepiity i\istmariter, \\\\ii\\ inquiring i'or my letters and newspapers. IS 'condly, th. t I paid the postage oti three letters to the United States, two of which were ii ver received. I shall also prove tliat the mails have been e.\chanu-ed by per.-ons not entitled to do so. 1 also beg to state that the most resiiectable resident? and neighbours will come forward on the day you may fix upon for the investi- gation to testify that the Postmaster iiere is unworthy of conlidence, and that tiiey dare not put tiieir letters into the Office,-and that they are compelled, at a great inconvenience, to send their letters to distant Offices for safety. Hoping I have not trespassed too much upon your patience, I beg to add, that B It 4iJMpS.»ij«>, l.*iMft.-^9(fe.i 18, a, number of persons will be in attendance at the ihv of examination, and Willi state their grievances, if allowed to do so— and if not, they will consider them., ■elves much injury. As far as as my knowledge extends, the namts of wit- nesses and the testimony which they intend to give are not furnielied to persons | arraigned in any Court of Justice, and in a case of =nquny such as you now intend to institute, it would, in my opinion, be preposterous to do so, for it wculd, as I before stated, enable the Postmaster to use his influence and intimu , dat.on to put a stop to their appearance. • 1 liave the honour to be, sir, your most obedient servant, [Signed] J. K. DEAN. B. S. Freer, Esquire, Toronto. Credit, January 16th, 1844. Sir,— I and others who have suffered througli the Post Ot^ice Department, ] havfi been waiiiiig with great anxiety to know ihe dny that you will attend at this place to investigate into the charges prelerred by me against the Deputy Post mas er hero. Will you be so good m to favour me with the day that you | will be up hero to hold the inquiry, or will you send the suuimouses as | requested J Some ot my witnesses may he abt-ent on the day of investigation, :; unless 1 receive early iLlorcnatioi. from you. Waiting your reply, I have ilie honour to bo, s-ir, your obedient servant, [Signed] J. K. DEAN,. E. S. Freer, Esquire, Toronto. Credit, January 2.3rd, 1844. Sin,_I have written twice to you on the Post Office oppnv^sioii, and have not received a reply to either. Thi^, you must know, if you have received my letters, is verv dis^courieous and ungentleinanly. 1 shall wait a lew days longer ^ for your answer, and if not then received, / shall apj.calfor redress to a higher authority. I am, sir, your very oLedient servant, ^ [Signed] J. K. DEAN. E. S. Freer, Esquire, Toronto. Toronto, January 25lh, 1844. SiR._On my return to Toronto on the 3rd instant, finding many mattera awaiting me, which had taken precedence of your co.iiplaint, and being obliged since to'iiake two joumies irom Toronto on Departuieiit business, which could not be postponed, you will be satisfied, I trust, that it has been out of my power to pay earlier attention to your communication. 1 re'J-ret that you should have misunderstood me as regards the proposed plan of invesii<'-at;on, I tliought I had clearly explained myself at the Credit on the evening of"tlie 2iid instant. It will, perhaps, be best that I should give you, by way of example, a brief statement of the course pursued by me in inquiring iiito certain charges against a Postmaster in May last, on the route belweec Toronto and Hamilton, and which I would recommend should be followed in ynnr case. Tho complainants had addressed the Government, embodying their grievances in six disinct charges. These being referred to the Deputy Po»U master General. I w .s instructed by him to institute an inquiry. Procecdmgt« of ■Kf$mff0fit'-ig(i^!! «iiyte«*W.i 19 ion, and will nsider them- anits of wil- ed to persona I as you now do so, for it le and intimi- int, . DEAN. :h, 1844. Department^ will attend at t the Deputy day that you jiunioiises as investigation, y, ant, . DEAN.. rd, 1844. , and have not received my \v days longer as to d iiigher t, ;. DEAN. th, 1844. many matters beiiic; uM'o-ed , a Oil I, vvliich could I / it ot my power , tlie proposed tiie Credit on ould give you, e in inquiring •oute betweec [)e followed in 1 bodying tliei* Deputy Po»U Proceeding t« the spot, I furnished the Postmaster with a copy of the charges, and as h% required a few days to prepare his defence, this, as a matter of common justice, was allowed him. I shortly afterwards appointed a day to suit the convenience, as far as practicable, of the parties concerned, procured the a'tendance of two impartial Magistrates ; one selected oy ihe complainants, the other by the Post^ master, went through the investigation, and made my report, embracing the opi- nion of the magistrates, which was transmitted by the Deputy J'ostmaster General to the Secretary West. This course, I have reason to believe, met the approval of the Government. My desire now is that you should allow me to pursue the •ame mode of proceeding in your case. It matters not lor the ends of jnstic« that you have not addressed yourself in the first instance to the Government. ^ Be good enough to furnish the Deputy Postmaster General, or myself, with a atatemetit in writing of what you intend to allege against the Postmaster at Credit, with a brief detail of circuma^lances, date, &,c., fi)r if your complaint gavours of the oppression which you assert, it must surely be sus.',eptible of being put down in writing. You misunderstood me quite, if yon thouirht that no testimony from any person would be received, except that person prefers a charge in writing. Quite the contrary. It will be competent for you to t ring lorward as many witness^cs as you please, without naming who they are before- hand, to support the charges. ' I only expressed it as my opinion, to which I stil\ adhere, that it would not bo a jusl iiujuiiy as regards the Postmaster, if he were called upon for explanatioti upon any serious matter tending to compromise his character or situation, without being first distinctly apprised thcruol, that h« might have a reasonable time to [irepare his defence. With respect to the verbal object ion which I understood you to make, to calling in Magistrates, I have dceiued it advisable, and have tlie sanction for it of - — myliead of Department, to request the attendance on sui;h occasions, of some inlelligoiit and impartial inhabitants of the vieiglibourhood, (which qualification Magistrates are generally presumed to possess) for it cannot be supposed thai 1, who am comparaliveiy a strange- to your community, should be able to judge of the degree of creiJibility to be tached to the statement of witnesses so well as respectable ir.divir'uals who uave been brought up in the neighbourhood ; and in this view alone, it is better, I conceive, in order to ensTire an open and impartial inquiry, that Magistrates should be solicited to aesist, as I have done in all other similar cases 1 wish you also to understand that I am at this moment very much pressed with business which may require my absence from Toroi'to occasionally for .some days. If any communication, therefore, which you may hereafter make me should not meet with an immediate reply, you will be pleased not to ascribe i*. to a wrong cause. I have now marked out the course which I consider the most direct and •peedy for investigating the grievances which you allege to have sufTered from the Credit Office, but if you should decline putting forth your complf ^ ' in any other shape than it appears in your letter of the 4th instant, I rnust t.. ...avour to fix as early a day for ho'ding the inquiry as the business which I now have in hand will allow. I have the honour, &c., [Signed] E. S. FREER, ;ri K. Dean, Eequire, Credit. J^o st Office Surveyovi. 2a Credit, January IGth, lb44. Reverend Sir, — I have the honour to inform you that I have heen employeroposi;ion, •'vvliether the school should Ivj coMti)me(l in Mr. Dean's large room, or nniovod to a Iioiiho then recently reniod tor the accommodation of Protracted Mtxiings then held by a new sect of Moihodi.^is," being put, it was carried by a iargo majority that it should co:iiiiiiio in Mr. Dean's room. The next propositio i wns, iliat Messrs. Carey, U ood'-;,!)', imd \\ ilsori, should act as iiinpoctors of the scIkioI until such time iiH irusu-t's siiouid be appointed. 'I'liis wa.s carried umuiimously ; and, after lia^ i.'g p-oposnj ii vole of thanks to the chairman, the meeting disperted in tho yrcatent Ininnony. Tiio fo;lowi,;u- nioriiing I was notified by the new snct of Methodists, that if I would not loach in ilicir conventicle, aiid allow tleiii to rcniovo the school etovi- iii:o it, tin v wuud not send their childrtMi to me. I li^ld ilicm I was ca.npollod lo all id : iiy ;ho voice of the m-ijonty, a-ul requostod them to convene anouior meoiiiig, asl ( should most willingly comply wit!i iIk; ordi-r (if the niaj:>rily 'I'licy said tlioy would do no such thing ; and, if 1 would noi comply with il;;,'ir rcqni s% th..-y would break uj) my schoui. Acting upun this i.njiisi priiii'ip:,', tiicy no: only kept their own children from my school, but, by threats and laIs«;liuo.ls. occasioned other parents to do the y'linc ; and on liio day follciW- ing,o;ily loii |)U|)ils were in aitondance; bii', at thr present period, own, g to tii© exeriions oi iin; iiiioral part of the community, T liave thirty. six. Pu'-snaut to your circiiiaf, all she inhabitants, freeholders and householders, were notiliod t(»» ptteiul 'uaLje from tho li()) of a i^entiemi!' to whose Church I then holo ii;od, that I wad wantonly insnlftMl hy his sdh; and, even if I had committed an otF^u'e, it wa3 his duty, as a Minister of the Gospel, to fori^ive me, for Christ docdares, if your brother olFi-nd seventy tim^s seven in a day, thou shalt forj^iv^; him ; — but the reverend irentlomin l>) my crreat asronislnnent, asserted, thai that was not the case with /.hem, fir ih'ij wduU re^nnl it to a man ! The Ma^'raths ilow buisr. that they will set aside the election of a chairman and thr.'Sf) trnsteus. but shoiild tlio poi-sous elected be continued in olfice for twelve moiths, tho Hoctor, tlij Rev. Jainos Ma;rrath, has tho power of with- holding the mtiney from them, and would do so ! 1 have the honour to be. re/'d sir, your most obed't servant, ■[S/i,wiJ J. K. DEAN. Rev. Robert M.n'rav, Kinijston. P.S — Since writing the above, I Inve been iafornio>4 that the Ma^ratha wish to drive me from this villaire, in ordir to prevent me from givin:]; te.stimony against tliem. at an inquiry ordered to take place, wherein they are implicated in tlie I'.isr, () ti'.-:; d^iiiiq I'ency. Two of the present trustees, iVLjijjrs. Carey and VanvalkeiiDur^h, pay me for the tuition of five poor children. Kingston, 20th January, 1844, Sin, — 1 have the honor to acUnowled^ro the receipt of your letter of the 16lh instant, reholders present in the meeting are legally elected. T!ie Trustees thus chosen have the privilege of choosing the teacher, and minairing every thing connected with the school-house. But they have no power'^to turn out the teacher ; this power being vested exclusively In the Township and County Superintendents. As regards the school fund, the Tjwnship Superintendent is authorized to pay the money to teachers, but neither he, nor any other person, is authorized to withhold it when it is due. I have the honor to be, Sir, your most obedient humble servant. Mr. J. K. Dean. Teacher. Credit. (Signed) ROBERT MURRAY. 11 2iJ Credit, Jaiiiiarj/ 26th, 1844. Sir, — Yours of yesterday 1ms come to hand, and in reply thereto I beg td inform you, that I wish to have the proceeding carried on by you in the same manner as that performed by your predecessor ; and I trust that you will furnish me with summonses, at least one dozen, to serve upon unvvillmg witnesses. If you have not eummondes, please send me a copy^ and 1 shall prepare those that are necessary to serve. As to the charges, I refer you to my letter of tJie 4th Instant ; there will be several other charges, which will be supported by witnesses on the day of investigation, some of which are startling, and as it is your wish to purify the Department, I hope a thorough inquiry will be gone into. I am, sir, your very obedient servant, J. K. DEAN. E. S. Freer, Esquire, Toronto. Credit, February 2nd, 1844. Sir, — I am extremely surprised and concerned that you have not fixed upon a day to investigate the charges I have preferred against the Post Master here. It has been propagated here that you will not pay any atteniion to my com- plaint; that the Magraths' influence is such that you will grant no inouiry;— I now, therefore, notify you, that this shall be my last application to yo\r. Two of my witnesses, in all probability, will leave here the latter part of the' ensuing week, and through you I am to iMse the advantage of their testimony. It is rather strange that you should, after having read the order of the Deputy Post Master General, thus act towards me. I still am, sir, your very humble servant, J. K. DEAN. E. S. Freer, Esquire, Toronto. Credit, Springfield, February 5th, 1844. Sir, — 1 have the honour to inform you, that with reference to my case, I am extremely sorry that you felt it advisable to stop me or my agent from cross- examining Charles Magrath when he first closed his testimony, on the ground that you would hear all the plaintiff's witnesses ; and when he had got through with the whole of them, you then refused to hear the cross-examination. It was my intention to have questioned, whethi ^ '. e 'vad not made it his boast that his influence was so great with you that he ;*'*<' recc ;.r any suit brought by his family — and this I would have eslaLiished ;^}f i;*' uuimpeachable witness. As to the due bill, or order if vou please to call \U 1 fear it was not sufficienty explained by my agent. The thing, of itself, is plain enough, for it expressly says, "good to J. K. Dean, in goods, £1 Ss 5^d.," on the 5th day of September last ; and you will readily perceive those goods for which the suit was brought were obtained subsequent to the date of that order or due bill, and endorsed upon it — consequently it was useless after that. The first of those goods being had by me thirteen days after receiving the said order, on the 18th September, and the last of them on the 9th of November, wherefore this is exactly in accord- ance with the provisions of the due bill or order. The very unpleasant manner tliat ;^ou addressed my agent, when he insisted upon his right to cross-examine nnAuarl \\\wn on miirh en ths* ^"* nnma tn tVio roarttiitirtn to CKarles Ma"r«th ^'* i^^mMr, ^-^m^^!^m^^^*-^^m^^ 23 And it , 1844. to I beg td the Bame will furnish leescB. epare those liter of the ipported by iiid as it is e gone into. DEAN. , 1844. ; fixed upon Taster here. my com- inouiry ;— ^ou; part of the' ^stimony. the Deputy DEAN. 1, 1844. ' case, I am from cross- the ground got through tion. it his boast luit brought ble witnesR. t sufficienty it expressly September v&s brought id endorsed roods being Septemberi y in accord- lant manner )S8-examine lortliitirtn tn Withdraw from your Cour^ su^posmg that y^^^^^ appeared rather singular \° !^'";;,;' ",V^^*'i "the case of every other witness, for c osed his testimony, was no ^f J^^^f ^^ '^^^ ' in the cases of Cameron, Patter- myagentwasnotuiterrupcdby y.>ut w^^^^^^^ ^y ^^^ent. but son, and Clay-rtor ^'^«,V"^!ipr.ur orsh.p's permission to cross-exarnine before the trial ternnnated. he asked our^o'^^ ^^^ ^^^,^, ^^, ,,, h.m, Kt ;t stCdTnThttriSle that he wouM have the privilege of Soing BO when the evidence wa. ^;-";^]';,^°;'g;';,, ^^^ry obedient servant, In hastfe I remain your much-mjured yet your ^eryo ^ ^^ ^^^^^^ Judge Powell, Toronto. .„ , , , . ^.^oaprve as it will be required in p' .s.-Tiic cheque you will be P'^f^J^. .^^/'^YnevcV end^r ed the name of another Court to answer \he e"ds o just ce. ^Tnecessary, I called at Ma- endorse it and get it cashed." To His E.cel!enc,j Sir CUrl.s Ti^opMh. mtcaVj, G^ernor General of Bnlish North America, ^c. dfC, 6fC. Mat it please Your Excellency, ^ eubmitting to your It is with the greatest deference I ^a^^^^';,^^^°Xtin2 to the conduct of Excellency a complaint of the '"- f [J^^JJe i ^^p^S^^^^ the 7th day the Deputy Postmaster and his sub of tbis place. ^ '^ H jniproper con- of Decemlr last, to Deputy P^^^'^tL a^d asSig him '^^^^ nfanj highly duct of }■ V.pties in several '"«i*"J// ^'J^.,^ unjustifiable and ,'espectable - i : luals "V^^''^ "^'^^^°"/v, "?W O^^^^^ I" reply thereto, oDoreseivc .!cro * those in charge of the lo'?\yj^,''^"^ Freer in Toronto. I 1 f.Stayner directed ^etosubmit my complain to a Mr^^^^^^^^ ^^^^^^^ ^^ Complied with his suggestion o"//'^ tp\vt^,d°\,X^^^ a"^ ^^f ^ Mr. IFreer, two days subsequent that he would ns^ ^^^ From that me and the other Buflferers such ^f^ress as we m ^^ period to the present, Mr. Freerhas not performed^^ neighbourhood who have, me verbally and in writing. There f^ inany in th^s ^^ f j^^ ^f the Post- as well as myself, grievous complain s to '"f ^e^f fj/^? he has no authority master, if notified by Mr. Freer ^o a ^end ^u^^^^^^^ it must be at my to compel their attendance, and if ^^^^ ^'^u'T^ of the Post Office m expense, which in my opinion '« c°" '^^^^^^^^^^ I do hope Credit, Springfield, Feb. 20th, 1844. (Signed) J. K. DEAN. -i 24 Secrktart's Office, Kingston, 2d March, 1844. F SiR,-.I a:« commanded by the Governor General, to acknoUledge the receiot t?Z2T'V^"^f^ ult., complaining of the conduc, of the P..stma fer 2 Springfield ; and to infnnn you m reply, that the subject has l.een referred to he Deputy Postmaster General for inquiry and report; on the receipt of which the Bubject will receive His Excellency's consideration. ^ ' I have the honor to be, sir, your most obedient humble servant, r ,f n T? ■ r. .■ c . . (Signed) JAWES HOPKIRK. J. K. Dean, Esquire, Credit, Springfield. To His Excellency Sir Charles Theaphilus Metcalfe, Governor General of British North America, ^c. ^c. (^c. School TeSr^^^'^'"" °^ ^" ^* ^^''"* °^ Springfield, River Credit Common Humbly sheweth : — That your petitioner, a native of England, arrived here about two years ago, and has ever since been employed as a common school teacher in this vil lage. receiving from the Rev. Mr. Rintoul. and the Rev. Mr. MacGeorcre, t he Pnncipal Coinmon School Commissioners under the late act, testimonials of the nost honourable d )scription. ' ^ =- ui uil That so long as petitioner purchased the good., &c. necessary for the support of htmself and family at the store of the Deputy P.Kstmas.er, he was treated in vLZ'^TlTn "l^T<'' '" ^'''''' ^" ^"^' ^'•"'" '"■« f'-ie-'dsand relatives n hn^land and the Un. ed States were regularly received ; but so soon as peti- tioner was apprised that the Deputy Postmaster and his sub, had charged him from 50 to 100 per cent, iiipon the goods purchased from them, more tlmnpet^ loner would have been charged in other stores within three and a half miles of tins place, and that when petitioner had withdrawn his custom from them they commenced a most unmanly and oppressive persecution aiiainst petitioner and hi8 family; they intercepted letters going to his friends; by which petitioner sustained a serious loss ; and they actually, although the/never co.triS one penny for the support of the common school, raised a partv, fi^^." X of which were composed of their hired men and uebtors, to vo te hen e e ani oi.eof their par izans into office as common school trustees, in order tcfexpe petitioner from the school ; but in this they were grievously disappr n ed Pe titioner having called one day for a letter, which he hacf for sS e day; been a^ix.ously looking for, was told by the Deputy Postmaster that there I L none. Z^T'p'TT"^ '^"r' '," "P"!''" "^^""^''' '^ ''•'"'^^ i" ^''e office, when t^e ^Sl^ r '■'^'"'^.'" a bawling voice, ^^ifyou come againin that way I mil put you under arrest !" Your petitioner in order to prottct himself fror? the meditated -oppression of the Deputy Postmaster, coniplained to Deput^ Postmaster General Stayner of his conduct, and was eferred to a Mr. Freer of Toronto, on the ^th Jay of January. Mr. Freer promised in the manner already submitted to your Excellency, to investigate the^ase, but TdTot a t „ ac^ Zfu'^ rJu ^" ''^'?'"^ ^'""T'' ""^" Saturday the 9th instant. The pa?. iculirs of the proceedmgs, and the mode adopted by Mr. Freer in conducting the inquiry, your petitioner beg« leave most respectfully to submit for yZ ^, it^,,M$^aiiiiif.^tumamtm/m^n«^w ■ i.s««**»«^-Sii*«M "ch 1844. ge the receipt postmaster at en relerred to ;eipt of which. I servant, OPKIRK. f' General of edit Common Mit two years er in this vil. icGeorge, the nniiialsofthe 'r the support ■as treated in tl relatives in soon as peti- chaiged him ire tlian peti- half miles of n them, they "titionpr and ch petitioner r contributed [ive-sixliis of niselves and rder to expel ointed. Pe- le days been re was none, e, when the I in that way himself from \ to Deputy Mr. Freer of nner already t act in ac- :. The par- I conducting nit for your Excellency's cons 9h deration. Mr. Freer selected four magistrates ar ' a neigh. I bourinir Deputy Postmaster, with whom your petitioner was not acqnainiea, lo preaide^with him, and as he, Mr. Freer, said to speak to the cliararter of every person examined, so far as their knowledge extended. Your petitioner told th« ^ gentlemen appointed thai he would object to the 3ijb-dei)n M,- being called upon . aaawimea^-, he beiiijr mu cUnd^ajresj n twosuit^ ^^ m iwonty-hve pounds, the other in hity, tor inal'?">iis prosecution and defamation ot character. In the latter case the verdict w;is continned fy the Court of U loen's BeiiHi, and alec for havintr sworn falsely in open Couri oil U^roecaso^ which peluiOiier waa ready to establish by hve freeholders of unimpoacliablo ciiaracier. _ This Mr. Freer over-ruled, saying that petitioner should prosecute him Vaf another court, or produce the record of his C' nvicjj rm. To petitioner's lirst charge aixainst the ottice-holdors, that of defrauding th« o revenue, by allowing their father to transnuLa'td rccriiv e letteiis^djlressedjo f the De,)uty Po^'tinasicr undercover. This charge Mr. Fieer said they had no right to go into it ; and when peti- tioner requested to examine, the Deputy Postmaster touching the transaction, ^ he told petitioner that that did not concern him, as petiMoner could not have r sustained any joss, by any fraud coininiued by Vhem upon lbe_revioji.uG. 1 eti- tioner then, asked Mr. Freer if such conduct were not a violation ot the oath which they had taken, as Deputy Postmasters, and in opposition to the instruc- tions of the head of the department. Hero again Mr. Freer interjxised, by ^ Rayinir that neither he nor t he maLnst,rates had any legal power to swear them ; . and if'they had, ;hey were not bound to criminate theinselves. Petitioner established by tlm testimony of Lieut. Oliver Hammond, of the Trafalgar Cavalry, the insult recited above. Your petitioner iken being sworn, deposed, that he had paid postage to Deputy Postmaster and his sub on three letters mailed for the United States, oi|iy «"• of which was received. The first on the 2-5' h January, the second on the 10th April, and the third on the P^ih May, all in the last year ; and only the latter ot which WHS received ; and in answer tliereto my tricnd s'lvs, " // ^ Z^^" '"^qJoA your letter (f the 'Z^yih January, I amid and would have rnnilUidyou i$ )0 or ?>1UU, biU I never received it, nor the one yuu mention, dated lOlk April. The Deputy Postmaster was called upon to produce the post office book, to ^ see if the payment of the postage was acknowledged by him, when it appeared , that he gave credit only for the letter of 12th May. Petitioner next stated, that tney wore in the habit when they re-iriailed let- ters, to ciiarge the additi )nal postage on letters to persons who abstained from purchasincr their goods, whilst those re-mailed to tlieir customers and Iriends^ were exempt from the additional postage. Here Mr. Freer asked petitioner how . he could establish the 'fact. Petitioner told Mr. Freer that he had received his information from Deputy Postmaster Proudfootof Trafalgar, who has been I'oBt- master there for twenty years; and who would, if notified by Mr. Freer, attend and establish the facts." And petitioner requested Mr. Freer to send a notice to his subordinate officer, Mr. Proudfoot, to attend and he would be down withm one hour. Mr. Freer replied, " I have really no controul over Mr. Proudfoot ; I cannot compel him, or any deputy, to attend, and it is for you, Rlr. Dean, to bring him here." . ^1 Petitioner's next charge was, that the Deputy Postmaster was in the habll bf ^r forwarding in the mail-bag large parcels, free of postage, to his friends, and in '/y^i f^ Buppcrt of this charge, petitioner called upon the Deputy Postmaster of Stteett . Piit/iutin^ vjlle, who was one of the gentlemen selecfed by Mr. Freer and the Deputy postmaster to preside on the inquiry, — who being sworn deposed, that th» Deputy Postmaster here, h^d enclosed in the mail-bag, for his friend, Mr. Groome, a parcel without any charge of postage, containing 14bls. of flax-seed! \ Upon this testimony being received, Mr. Freer, who, in fact, acted as an apolO" gist and an advocate of the delinquents during the whole inquiry, stated, that although they had no authority to do so, yet there might be feickness in Mr; ^ Groome's family which would be a palliation of their conduct — and be Mr. Freer called upon Mr. Groome ; and on his being sworn, Mr. Freer asked him if his wife, or any of his family were bick at the time; Mr. Groome said, in ^ reply, his wife was seriously ill, and it was expressly for her use, as a medicine, • that he had piirchavsed it in 'I'oronto, and brought it up to Springfield, and as he, Mr. Groome, was on horseback, he requested the Deputy Postmaster to forward it by the mail carrier the next time he was despatched to Streetsville. Peti- "tioner remarked that it appeared strange that he should have bought such a large quantify for his wife's use — a quantity sufficient to supply the wants of all the females in ihe country ; and that if she had been so seriously ill as he described her to be, and th^t he had felt so great an anxiety for her recovery, that he did not carry it on horseback the four miles, or at least a part of it for ■her inmiediate use The reply made by Mr. Groome, who is clerk of this division court, was, yotl are a damned blackguard ; and a John Street told the petitioner that he was a damned scoundrel, and ought to be driven from the country for making such remarks. These persons, although expressing themselves in this odious man- ner, in the presence of Mr. i'Veer, were not reprimanded for their conduct, al- though Mr. Freer frequently interrupted and reprimanded petitiorer for having put what he, Mr. Freer, conceived to be unnecessary questions to the Deputy Postmaster, and told them ihey were not bound to answer any question that would have a tendency to criminate themselves. Your petitioner in Ins examination swore, that the Deputy Postmaster or his sub, had charged him the inland postage on each of his letters to the States T^d., whereupon the Deputy Postmaster swore, that he bad never charged petitioner or any other person more than 7d. on each single letter^ that peti- tioner's statement was false, and he produced a book, which he submitted to •Mr. Freer, to convince him that petitioner had committed perjury ! Fortunately for petitioner there were several spectators in the room, who were in the habit of paying the inland postage to the United .States, and wiio viewing with the feelings of men. the injustice and stigma they were attempting to fix upo'i peti- tioner's character, voluntarily came forward and swore^ that this same Deputy Postmaster had always charged them ri>r the inland postage, not 7d., as sworn to by the Deputy Postmaster, but 7^(1. 1 1 The following are their names, Mr. JoshuaPolIard, the oldest settler in the Township, Mr. George Wooding, and Mr. A G. Hatch. Instead of Mr. Freer reflecting upon the conduct of the Deputy Postmaetef^ or reproving him for the false testimony he had given, he justified the act by asserting, that he had a right to charge 7Jd. ; but this palliation c&nnot wipt i 1 ^imm^tm«mmmi^' Lhe habil bf nds, and in r of Stteetft. tie Deputy d, that th9 friend, Mr, flax-seed! ! s an apolO" staled, that less in Mr and be Mr. asked him irae said, in a medicine, , and as he, r to forward ille. Peti- ight such a be wants of y ill as he r recovery, art of it for •t, was, yon it he was a aking such dious nian> onduct, al- • for having the Deputy :estion that ister or his the States er charged that peti- ibmitted to fortunately in tiie habit ig with the K upo'i peti- mo Deputy ., as sworn lames, Mr. )oding, and Postmaster* the iaict by annot wipf i \ S7 •wav the odium fite^ upon the deputy by his swearing that he nevef charged more than 7d. inland postage on each letter ! ! ! Mr. Freer asked pet.t|oner if he had got through with his case 1 Petitioner replied that he had a number of witnesses to examine, who would substantiate more fully the dehnquencies o of the Deputy Postmaster, and petitioner called Mr. Carey. Mr Freer hrst objected to hear him ; but when Mr. Carey told him what he had to say could not detain him above tWo minutes, and bring anxious to avoid attending on a future dav, he, vir. Carey, hoped he would then hear what he had to say, as ne had nothing but documentary evidence. Mr. Freer told him to proceed. Mr. Carey staled that he could not ascribe in the present instance, any delinquency against the Deputy Postmaster here ; but he would put a letter into ^Ir. Freer .8 hand which he hoped he would read to the magistrates, as he had suffered most geverelv in his feelings from the barbarous conduct of some person or persons in the department,-for 5 weeks he and his family were in the habit of sending letters to the United States, where two of his grand-children resided, and ihey were, it would appear from the letter which he handed to Mr. Freer, in the habit of writing to him, and none of the letters, although the inland postage wa« i,aid in both countries, came to hand ! Mr. Freer read the letter and returned it. On Mr. Carey being handed a letter, which he had written in Kingston, on the 17th day of October to a Mr. Vanvalkinburgh, at the Credit Post-f.ffice, he stated, that he had written the Ifetter and put it into the Kingston Otbce the day on which it bears date. Which was the day previous to the Kingston post mark being stami)ed upon it ; that upon his return he met Mr. Vauvalkinourgh opposite the Post-office here, and asked him if he had received his letter T Mr. V.said he had not, although he had called two or three times a week to make inquiry respecting it. Mr. Carey requested him to go to the Othce and demand it, as it must have been received some days before. Mr. VanvaiKin- bur^h complied with his request and brought out the letter, which w-as then 14 or 15 days subsequent to the date of the Kingston post mark ! where or by whom the letter was detained Mr. Carey could not say, but it appeared ther« was a violation of the department's order, not having the date ot its receipt, at the Credit, marked upon it. , j r m n^.^„ o Mr. Vanvalkinburgh being sworri said, that he expected from Mr. c-arey a letter, and that he had twice or thrice a week called at the Credit Post-office, durimr Mr. Carey's absence, and was told there was no letter, and thougnt it jather sirancre that it should have been withheld so long from him by the De- Duty Postmaster. Petitioner then called upon a Mr. Lancaster, whcm Mr^ reer stood up, and said, he would hear no more evidence. Petitioner told Mr; Freer that he was requested to call on ten other suffi^ring freeholders, the greater part of whom were present, and ready to be examined, each ot whom would convince him of the annoying and oppressive conduct oi the Deputy Postmaster and his sub in their official capacity; when he, Mr. Freer replied, he would not hear any more evidence, and put a stop to the inquiry . . Petitioner begs to enclose to your Excellency s note which was read to the court, and received from a sufferer, a highly respectable gentleman, detailing his feelings upon the conduct pursued by the Deputy Postmaster and his sub here : and which Jeelings are not confined to him; for. to petitioner s know- ledge, there are several highly respectable individuals suffering like Mr. Cox-- men who are determined to uphold your Excellency in the honest and nwniy ^ 38 i rourse you have pursued, and who thirst for an opporl unity to go boldly forward 10 the hustings to record their votes against that base cornpac, whose object in to degrade your Excellency and enslave the country. Your peii»ioner, ihere- fore, prays your Excellency nriay be humanely pleased to render such justice lo him and the other sufferers, as in your Excellency's wisdom may seem proper, for it is pe:itiu!ier's opinion, and the opiuioii of the other persons aggrieved, tiiat Mr. Freer is not an impartial officer, for along with a many intprrupiions received from him by petitioner, he would not allow him to call upon several persons to prove they had no confidence in iheCredi' Posuothce, and were com- pelled for safety to post their leiers at Cooksv lie, Tralaloar, and Oakville. lie also refused petiiioner appointing an agent to conduct the proceedings. And your petitioner will ever pray. ^ , (Signed) J. K. DEAN. Credit, March llih, 1844. Ckedit, April 29ili, 1844. Sir, — I have the honour to infortn vou that in consequence of the oppressive conduct manifested by the Deputy Postmaster and his fuib towards me and many others in this neighbourhood, an inquiry took place on the 'Jlli ultimo, into their conduct as Postmasters. At that mqiiiry lour Mfig!strafe=, and a neigh- bouring Deputy Postmaster, at the request of the Post Of^co JSurvevor, attended, in order to report upon the proceedings, and, from the testimony adduced in support of the flagrant violation of the dcparfn:ent orders — the detention of letters, and various other acts committed at tins Post Oliice, tlioy, as I am credibly informed, recommended the immediate reniuval of the deputy and iu6 sub from the office. I had, si'-, the honour of enclosing to you, for his Exceilencv's information, a petition, dated the llth ultimo, in which was faithfully detailed the proceedings which 1 ad taken place at that inquiry, and, strange to sav, as vet no notice has been taken of it. I, therefore, si;pp6se, as it appears 'here is' no safetv in the Post Office conveyance, that the petitio i was not received hy you. For the Magraihs pursue thq same system of oppression and insolence on the one side', »nd partiality on the other, as tney were wont to do previous to the inquiry. As I am now preparing for publication a statement of facts relating to the above characters, as Deputy Postmasters, it is my earnest desire, before its going to press, to be honoured with a reply to my petition. It is to be hoped that his Excellency will not support or countenance the Mag.-aths in their outrageous proceedings in the performance of a public duty,— oneof whom lias been already convicted at the Court of the Assize, for malicious prosecution and defamation of character, and verdicts had against him, one for £25, and the other for £50; and against both of whom J should have preferred, nad I the power to attend the Court during the recent Assizes, indictments for perjurv, for haviu"- sworn falsely at the above inquiry. ' ° I have the honour to be, sir, yoiT very humble servant, (Signed) .1. M. Higginson, Chief Secretary, Kingston. J. K. DEAN, iliose poi ii the for the othoi iho htlLOi I ) Pleven p.t detentior ,v_Bifl»siwp-Ji«i^li«l*^«a#««*r4ft#!^'^»»i«^ Idly forward jso object i«i jner, iherc- cli justice lo oeiii proper, ag-grieved, uerrupiions pon several I were com- d Oakville. ediiigs. DEAN. 1844. ' oppressive ds me and ultimo, into nd a neiijh- r, attended, adduced in eleiition of ,', as I am uty and Iub >rmation, a roceedings I notice has ifety in the . For the e one side, nquiry. wg to the -e its going ed that his DutrageouB en already iefamation r for £50 ; attend the injT sworn )EAN, 29 Civil Secretary Office, Kingston, 30th April, 1844. Sir, — i have to acknowledge the receipt of your letter of ttie 29th instanU and to inform yon that it has been transferred to the Provincial Secretary, by \^ora it will be brought under the notice of the Governor General. I have the honor to be, sir, your obedient servant, J. K. Dean, Esquire, Credit. (Signed) J. M. HIGGINSON. Secretary's Office, Kingston, 3d Mau, 1844. Sir, — T am oommanded by the Governor Gcnoral 'o acknowledge the roceiiJt of your letter of liie 27th nit., addressed to the Civil Secretary, and to ,i;-q'iaint you in reply, that the petition to which yon allude was duly received, and im- niediatoly transmiited to the Deputy Postmaster General, with the vi.nv of ]m making such inquiries, and acting ^^■ith reference to the facts stated iri it, as he might consider iiocest^ary. Your present ap])lication has also been fi)rwardtd lo that officer. lam, sir, your obedient servant, (Signed) D. DALY, Sccrcfar^f, Mr, J. K. Dean, Credit. CUEDIT, Si'RINGFIELD, April '2 -h".], 1S14. Sin, — Yv)!i are aware that I preferred charges against the Dopuly Posfmriwlfir of this place, in the month of Deceini)er last ;— you are, I d.^nfit nor, f'q:i.illy a(« well aware, that those charges, and oilier violations of his (M'ljriths) oath of office, wore luily su'istantiated on the day of the inquiry, wiii' 'i wdT\ as you must, knov,-, on t'lie Uth ultimo, ar.,1 I have not as yet he^.rd of the result. Will you he kiiu.l euoui';!i to ini'orm me, at your e.irliest rn;ivni:ionc", as to your deciaioii thoreon. 'J'iiere are eleven persons, all respeciahlf f^'^"^'lolders, self to know whether it is your iutenfioi! lo remove Pleven persons .iiludodLo above hive eadi of them suffered s-^vcrely throtin-h the detention, and as some of Vh^Mu say, the intercef)1ion of their letterf\ ps well ok otiier grievous ariiioyances throngh the Post Otlice. If your decision is to con- tirm the iiijuries I liiive sustained through those perjured riUaiiis, in thoir cnp.-?- oitics as DojiUly Postmasters, they are determined to petition for anolli'^r inquiry, and for an impartial chairman, one who will not act as Mr. Freer did, as an apologist and advocate for the delinquents. The greater part, of those persons were present at the inquiry, but Mr. Freer would not hear them. I am, sir, vour obedient humble servant, (Sigtied) J. K. DEAN. T. Stayncr, E.-?qMir3, D'.puty Postmaster General, Quebec. 1 ) ■■il.si^^^tm*Ati:~-^M\'^^i ,^ f ao Credit, IQth May. 1844. SiRj Having had the hononr to address you on the 23rd ultimo, on the subject of the Post Office delinquences, and not having had the plea- sure of your reply thereto, it strikes me most forcibly, that my letter miscarried, for it is impossible that a gentleman in your high official si- tuation could have delayed, qr neglected, answering an epistle of such rast imporlance not only to me, as a suffering individual, but to the public at large. 1 therefore, hope that you will be pleased to acknow. ledge the recreipt of it, or notify me, that such letter was not received by you. This Sir, is the more necessary, in order to enable me to bring to a close the manuscript of a faithful, honest and voluminous publication, which I have now prepared for the press— a copy of which I shall take the libcM-ty of forwarding to you : and I do trust that it will convince you, that those mothers of humbug, the Magrnihs, who so often boast of their great influence with you, have not only been injuring me and insulting the public, through the Post Office, but have humbuged yourself and Mr. Freer Waiting your early reply, I have the honour to be, Sir, your much injured yet obedient servant, J. K. DEAN. T. Stayner, Esq. D. P. G. Montreal. General Post Office, Quehec, 'Z^-dMay, 1844. Sir, — In answer to your letter of the ISth instant, requesting to be informed if I had received your letter of the 23rd of the previous month. 1 beg to say, iliat that letter came duly to hand, and that as I was then makuig a ll* port to the Government on the subject of the investigation whichlais taken i)laco into your complaint to His PiXcellenoy the Gover- nor General, agamst the Post Master of Credit — I transmitted your letter to the SecretaTy, Mr. Daly, with the other papers connected with the affair. I think upon reflexion you will admit that your case having b€rn leferred to the Governor General, your proper recourse is to His Excellency. I am, sir, your ob't. servant, (Signed) T. A. STAYNER, Mr. J. K- Dean, Credit, D. P. M. G. •■i^™— ■■■■■■■• Credit, May 25th, 1844. To his Excellency Sir Charles Theophilus Metcalfe, Governor-General of British North America, SfC, &c., c^-c. May it please your Excellency : — It is with feelings of pain and pleasure I have read the account of its bein(T the intention of our beloved Queen and her Ministers to deprive us of your invaluable services in this Province, in order to elevate you by \ } >t^!ft.r.j,>«^wp^iwwnr«m»!:v ai l i .Uipii l M( Btt».. . 31: 1844. ultimo, on id the plea- ,t my letter 1 odicial si- stle of such , but to the to acknow. received by ! to bring tO publication, I shall take nvince you, oast of their id insulting ourself and o be, servant, . DEAN. \mj, 1844. jesting to be -'ious month. ; I was then investigation ' the Gover- j your letter !ted with the case having rse is to His YNER, \ , P. M. G. ), 1844. '.General of le account of rs to deprive tevate you by placing you in the brightest and most extensive command in her gift ;— . pain for tiie loss this Province must sustain by your recal from the Government at a period like the present — and pleasure for the judicious selection of you as successor to Lord Ellenborough, but before your Excellency's departure, I humbly trust that you will be pleased to order the Deputy Post Master General to decide upon the delinquencies and daring insolence of his Deputy here, as submitted through your Excel- lency to him lor that object. Many highly respectable persons in this vicinity, owing to their want of conlidence in the deputies here, and the iusolenuo received from them, arc compelled, for safety, to forward their letters to, and receive answers at distant ofHtes. Your Excellency must be aware, that there car. be no safety in a country where Post Masters assume the power of intercepting, detaining, breaking open tlie seals, and destroying the letters of individuals, as had been esiablished on a previous inquiry by gentlemen, farmers, and tradesmen of the first respectability, who had, under oath, testified to those atrocious and unBritish acts of the Magraths I have already written twice to Mr. Stayner upon the subject of my sutferings, and he has not dr-jgned to reply to either. The low cunning and tact of the Magraths ar ■ ;'ioxhaustable : one of them, Charles, the twice convicted slandeior, an , ..s I shall shortly prove, a perjurer of the deepest dye, had the au'!aciry, in an Address, gut up at a hule-and- corner meeting in Streetsville, to come forward as a proposer of a Reso- lution, appioving of your Excellency's conduct, at a time whim no notice of such a proceeding was given to the numerous persons in attendance, not even to our representative, Mr. Duggan, who happened to attend in the village on that day. There can h^ no doubt Magrath's object was to make it appear to your Excellency that he and his family are persons of popularity, whereas the contrary is the case ; for there can be no family so unpopular with all classes of the community. As a recent instance, they boasted they would expel mo from tlie School District ; and, upon a trial of strength, all they could muster to vote on the day of election were 12 persons, namely, 3 Magraths, 3 of their hired men, 3 in their debt, and 3 others who occasionally work for them. There is no doubt, if it had been publicly announced that an Address was to be got up at the meeting, but Resolutions would, without plagev- ism, be prepared, proposed, and seconded by honest men, of talent, respectability, and an Address forwarded to your Excellency, to which would have been appended the names of the most influent^ial freeholders in the Second Riding, as was the case at a subsequent meeting, convened by our member, Mr. Duggan. And these very Magraths would induce you to believe that they are the most loyal subjects in the Province, would not, when asked to vote for our respected member, Mr. Duggan; no, nor would they use that influence, which they have so vauntingly set forth, to *? 32 tecure his election. As it appears that it is the desire of our belovwl Queen to recall ymir Excellency from this command, and place you In the most important one in the Empire, it is my wish that the blessing of Heaven mny accompany your Excellency in your important mission ; and that the inhabitants over whom you will command, will justly appreciate the boon conferred upon them by her most gracious Majesty. I have the honour to be, Your Excellency's most humble and obedient servant, ^ J. K. DEAN. Civil Secretary's Office, ) Kingston, 'mh'Maij, 1844. ) Sir,- I am dirocted by the Governor Goneral to acknowledc^e the receipt ofyo!)-' letter of the 25tli instant, and to thank you for the friendly sentiments (•.\')irssei| towards Mis Excellency. I am to inform you that your letter has been transferred to the Provincial Secretary, in whose Department all matters connected with the Post Olfice are considered. I have the honor to be, sir, your ohedient servant, J. M- niGGINSON. J. K. D an. T'.sfi., Credit, Sprinjrfield. p. S. — !t is |!erhaps riiihttoadd that His Excrlleney has no mtentiOK vvhatev. r of at present resigning the Government of this Province injr other haiu's. CuETiiT, /?//// 8lh, 1844. Rrvrtikn'p Sir.— flavinfx heard that the sermon preached by that cxeni- plary and pious clerL-vnian, the Reverend Ww MacGeornc, reiatinn; to the slanderous aitacks bv persons in the liijrher grades of life upon humhle "individu..]s. 1 V-.m \\\ excecdin_-]y tliat the wh.ole of your fiirnily, a majority of whom isaddiried to that impious vice, were not present— particularly vour twice convict-d son Charley, as tlie sermon mifdit operate upon his disordered brain, so as to compel him to abandon bis slanderous anrl back, sliding carr.T. But I hope, Reverend Sir, that tiie sermon has had a saluta'ry efT'.'ct upon vourself— for you must recollect when I requested you to introduce mo 10 the inhabitants of this village, your reply was, that they were all rebels except two, namely, your friend, Wilson the blacksmith, and vour still more particular friend, Ballinger the innkeeper. Since that perioff, 1 have bad satisfactory proofs that you, a man who professes to be a minister of Christ, liad wantonly and wrongfully ma- lin^ed your neii^bbours— some of whom you ought to pray for unceasingly foAhe benefits thev have conferred upon you and your fiimily. But it appears that gratitude is a stranger to your breast, witness your conduct to Mr. Dixon of Dublin, wine and bran^ly merchant. But, liko father? like son ! for his slan and Lusty, sir, may p that of dee an honest i were broth his own bi upon the a wallowed i less or imp known to y exemplary a praying mangled b^ surpass this barn, or hi itself comp his life, bu unpunished slanders of deprive me be to Provii as rebels, ii they imagii When sn black porju authority a; was most fie family we minister ? orality ? or them ; t 1 their hu( liascd good than I could )rder to put '.ng the hon( hat you hai brmanco oi idvise as to Purely you lave staid t »*0:^!!»s^pj^4*f-i:«*l*«a#^^^ -iS«si»»«^ ,rf,iv,4isi4,i«i«0!|ir4ii4!issSM. r beloved ice you In lessing of ssion ; and appreciato DEAN. \i. ] vlodflfe the ic friendly n you that , in Avliose sidered. 30N. o intention vince injr IR44. that cxeni- itiiij^to the )n hiim!)]e a inajority irticnlarly 3 upon his anfl back, has had a requested oply was, Vilson the nnkce{;er. man vt'ho jt'ullv Jna- iceasinf];ly y. But It ir conduct ilrn fathei't 33 like son ! You are aware that your son, Charley, has paid pretty freely for his slanders, and if other persons had felt so sensitive as poor MacNabb and Lusty, another of your sons would have had to pay freely also. You, sir, may preach about minor crimes, but what crime cuti be greater than that of destroying, perhaps under the mask of sanctity, the fair fame of an honest individual ? Your son looked up to Mr. as a friend, both were brother Orangemen, and yet your son, assassin-like, proclaimed to his own brother that he was a drunken, worthless character, frequently, upon the approach of day, found asleep in the gutter ! and a man who wallowed in scenes of prostitution. Never was a more foul, a more reck- less or impious charge preferred against a human being. It is, was '.veil known to your son, that this same Mr. was and is a man of most exemplary conduct — a tender father, an affectionate liusband, a sober and a praying christian. I'et this is the gentleman that was maligned and mangled by your brutal son ! Talk, indeed, of cnme ! W liat crime can surpass this ? We view the cowardly incendiary who fires his neighbour's barn, or his house, with horror and detestation, but his crime is virtue itself compared with that of your guilty son. For the incendiary risks his life, but the still greater incendiary of character generally escapes unpunished ! You know, Reverend Sir, how I have sul](M-ed tlirough the slanders of your family, and the base course pursued l)y your sons to deprive me of the means of support of my wife and children ; but thanks be to Providence, a wise and virtuous community, wiiom you denounced as rebels, interposed their authority, and defeated your guilty sons, when they imagined that my ruin was complete. When smarting under the injustice of a judgment obtained through the black perjury of your son, Charley, T appealed toyou to interpose your authority as a father and a clergyman, and what was your reply? It was most fiendish. Your words were — " If you ofiend one member of my family we all resent it, to a man !" Is this the language of a christian minister ? Is it not language that would disgrace a man of common morality ? Christ tells us that we must forgive our enemies ; nay, pray or them ; but you, a well paid minister of the English Church, join th^-^m Iji their hue and cry to crucify me and my family, because I had pur- f lased goods in an honest store for my family's use, 100 per cent, cheaper than I could have obtained them in your son's store. It is my intention, in )rder to put the saddle upon the right horse, to publish a pamphlet, detail- ng the honourable march of you and your family, from the very night hat you had gulled your friend Dixon. I shall not omit your pious -per- brmanco on the race course, in the nine-pin-allcy, and your celebrated idvise as to how your amiable sons should act towards the girl Simpson. Purely your sons must have the appetites of cormorants, or they would lave staid their persecuting course against me ; but the contrary is the % ■:m,m»--4mimm00^i'-!m*'m*»»^ s»«(i»sfW»*«*«»- t.UU.tjUaji»lM|.lM|B|'l» 3^. case for your son Charley, in order to carry l»is venf^oancc against me, (lescendcd into the grave of your poor, unhappy daughter-in-law, whose thread of life was so unexpectedly and suddenly out oir,— and states, that I and others hud assailed your Reverence, your dauohter, and your niece! and tluit I iiad told vou to pull the (rape from off your hat, as you would soon be in hell with' your daughter-in-law ! ! Who, sir, but a villain, could have thought of such language, or possess blasphemous feelmgs to express such language ? Yet, your son Charley, the amiable Amen- clerk of the Church, has run it through this village and distant places!! I now call upon you, sir, as a minister of that Church, of which I am a member, to contradict this blasphemous statement— you know it to be false, for I neither saw your daughter, your niece, nor yourself, and, therefore, in common justice to me and the communhy, and as a reprimand to your son, you ought not to hesitate to comply >»iih this my reasonable request If I know anything of my own feelings, r.o man would have dared to assail, in such odious language, in my presencf^, you or your female relatives. r n j o- In hopes of hearing from you, I am, Reverend feir. Your much-injured yet obedient servant, J. K. DEAN. Reverend James Magralh, Rector, Toronto Township. To the Right Hoiwurahh Sir Charhs T. Metcalfe, Barmet, Governor General E 'dish North America, SfC, 4*c., SfC. May it please your Excellency, . ^ , r n* I have the honour to acknowledge the receipt of a letter from Mr. Secretary Daly, in ansv/er to my memorial to your Excellency, upon the subject of the oppressions endured by me through the Postmaster and his assistant here ; and also through the Post Office Surveyor, who had under, taken to investigate the charges preferred by me against the Postmaster and his assistant ; but who had, in a most peremptory manner, broken up the inquiry, refusing to hear the testimony of ten suffering freeholders, the ereater part of whom were present, and ready to be examined, each o whom would convince him of the annoying and oppressive conduct of th|>3stihed un Postmaster and his assistant, in their official capacity. But previous to his retiring from the room, he had assured those indivi duals that he would attend at some early day and go through with th< whole of the testimony— a promise which, to this hour, has not been per- formed, although he has been called upon to do so. At the investigatior Mr. Freer, the Post Office Surveyor, had no less than four magistrates t( aidihim in'the investigation, and from the facts elicited during the partia inquiry, three of these magistrates, when called^ upon by Mi. Freer, t( give their opinion upon the merits of such part& of the case as hau cor- before ther grains froi This rn appear, M proceeding partiality ' any respec most respe if the case true colour Excellence spoken of ii that neithei the Post Of upon by M the result, the result i individuals tice of the individuals very recen administrai have been lie, and no grievous tc have been to post the deeply ag^ my cliarac to your Ex Daly's lett( more weigl of my case Credit, 14tl Copy. MMlliiiigiWiMMlMiiiMiW Sir, — I { iftsccipi Ci y mMrv^mm^m^w0f^^^mfmm'^^" against me, -law, whose ilatcs, that I your niece! s you would It a villain, s feelings to able Anien- aut places!! hieli I ann a it to be false, id, therefore, eprimand to y reasonable would liave ^ou or your 35 nt, before them, recommended to Mr. Freer to remove, without delay, the Ma- grains from office. This recommendation has not been attended to, and, stran^'o as it may appear Mr. Secretary Daly says «Mhat your Excellency had the whole proceedings under consideration, and saw no reason to bQlicvo that any partiality was displayed, or that the investigation or its results (li(r"r( d in any respect from what the justice of the case required." I h,Mr leave most respectfully to submit to your Excellency that I think it imirossible it the case and the report of the magistrates had been submitted in their true colours to your Excellency by Mr. Stayncr, or Freer, that vour Excellency could have come to such a conclusion. And as to the ivsult spoken of in Mr. Secretary Daly's letter, it appears ver) surprising to me that neither r, nor the other sufTering individuals who had suffered Uirourrh the 1 ost Office Department here, nor the maijistrates who had been called upon by Mr. Freer to preside at the investigation, have been apprizfd of the resu t. In fact I can assure your Excellency that no notification of ♦lie result has been received by the magistrates or any of the a.nrrieved individuals I also beg leave to submit to your Excelfency that the inius- tice of the Office still continues in Wsfn/] vigour, for no less than four indivKiuals, uninterested in the previous charges, have been compolled very recently, to complain to the Deputy Postmaster (Joncral of tii.' mal' administration of the Magraths in the Post Office Department. Post Offices have been established in all countries for the convenience of the pub lie, and not, as it is here, for the benefit of the incumbent ; and it is reaMv grievous to a number of persons in this part of the country whose letters liave l)een detained, and some of the seals broken open, to be compelled to post their letters for safety in distant Offices. As to myself 1 feel deeply aggrieved ; a stranger almost in this country, havinrr nothin.r but my chamcter and industry to maintain my wife and children, I looked up to your Excellency for common justice ; and I now find, by Mr. Secretary Daly s letter, that the base assertion of my unceasing slanderers have more weight, through the agency of Stayner and Freer, than the justice -- ' - ' °^ ^/ case, or the testimony of the highly honourable individuals who had onduct of tl^ fostihed under oath before the inquiry. I have the honour, (kc., .ugh with .Ucedit, I4.h July, 1844. *"°"'"'' '• ""■ ''^^''- not been per. investigation magistrates t( ^ ng the partia Mi. Freer, t( DEAN. ict, Governor ter from Mr, icy, upon the aster and his ho had under le Postmaster er, broken up eeholders, the lined, each o __ 1 — 1 ^^^ us liau UUI2 Secretary's Office, Montreal, 9th August, 1844. SiR,~I am commanded by the Governor General to acknowledge the ceipt 0. your niemonai, again bringing your complaint against the PosU 3 mm m mmM:£mmm ii ii!mm m * wfmm^i't*ii-T-^m' ,< 36 master at Credit, under his Excellency's notice, and I am to refer you tft the decision of his Excellency already issued in this case. I have tiie honour, &c., Mr. J. K. Dean, Credit. (Signed) I). DALY. Credit, September Cth, 1844. SiRj__I perceive that a letter addressed hy you to me lies in the Post Office, upon which is a charge of three shillings postage. Now, sir. It is totally o. i of my power to pay the postage on such letters. I have had the honeur to corrcisnond with various functionaries in Great Britain and the Colonies, and never was put to the expense of postage except in my correspondence with you ; and I feel it to he a great hard- ship, circumstanced as / now am, to be compelled to pay the postage upon letters originating in i'Urlic and oppressive grievances In fact such a lino ofpolicy closes the door of redress against all complaints emanating from persons in my humbled circumstances. I have the honour to be, sir, vour very humble servant, (Signed) J. K. DEAN. D. Daly, Esquire, Provincial Secretary, Montreal. Srcretary's Office Montreal, 13th SciUejnhcr, 1844. Sin,— In reply to your letter of the 0th instant, T am commanded by the Governor General to inform you, that as you had been repeatedly informed of the result of vour complaints, relative to the Post Office of j^m, ot 1 r investigations having been defrayed J''^'^- -^ h United Sta that I fool Hon. D. D, The 1)1 !i( the uiif)i'tu SQttlemonts the Churcl ft)r his wai week ! Tl almost dose fifty per ce i3ut a rei when moun looks like a this neighbf to dispose ol ances(for ii subscribe U number irii by the pul)lic, it was not considered proper that the public should be putl^^antham i to further expense in the matter, and the postage on the letter referred to— and which was a mere repetition of tiie answers already sent to you— wasf^^"' ^o ^^o ho last on 1 I now, however, by his Excellency's desire, enclose a copy of it, and '•« agent, J\ but am to state, that when parties ^'^'^"'^ ►^tan pav the postage on the present letter , ..^ -^ ...„.-,, , - write so repeatedly upon the same subject) they must not expect that the ''"o are un postage should be defrayed by the public. I am, sir, your obedient servant, (Signed) D. DALY, Secretary. Mr. .T. K. Dcap Cooksville. 1} Credit, Srplcmhcr 23rd, 1344. Sir,— T have the honour to acknowledge the receipt of your letter of the 13th instant, and have to assure you that the letter referred to, as ooptain- iniT the decision of his Excellency, has not been received by me. There tore, I presume that the Postmaster here, or his assistant, must have dis _^ posed of it in the same way as they disposed ot my two letters to th(f'' his same M Mr. Grai 'ow, it is ilunderer a nembers of lam and hi Hiich flovve irandy of IV f the Chu Ihurch, wh •-1 !■ »-v^ i\r\ m .mmmmmmmmi»^immmt^m^'?''^^^^s^'^'^*' M^^^ refer you 16 . DALY. ith, 1844. s in the Post such letters, .ries in Great jc of postage I great hard- postage upon I fact such a ts emanating mt, DEAN. ihcr, 1844. mmanded by n repeatedly 37 United Stutcis. Uiidor such circumstaiicos, I need not say to you, sir! that I fool deeply aggrieved. I have the honour to be, sir, your much injured, vet verv obedient servant, rr n T. , „ o , (^igfiod) ' J. K. DEAN' Hon. D. Daly, Pro. Sjc'v., Montreal, Hi m The blaok-leggcd disposition of the fiimily in their transactions with the unf)rtunato lub:)iirors in thoir oinplovmotit, throiiirh their storcpay SGttlemiMits, aro well known ! Even the jnor Inv wholiirlus the stove iii the Church and sweeps llic floor and pews, is ct^inpolled to take store-pay br his wages, althougli it does not cxcnoA savenpence halfpenny per week ! The Magratii^ get the York shilling froai the few wlio attend the almost deserted house of worship, and they make on it at least a ptofit of fifty per cent. ' i3ut a recent transa-.ion of James Magrath, alias .Tack of Clubs, who, when mounted on horseback, as the ho.-iourable Mr. Irvine truly stated looks like a round of beef placed on a small phite. astonislics the people of this neighbourhood ; one of the Magraths, said to be the Rector, wishing to dispose of a sleigji furnished with buffalo i )bes, ap, ' od to their acquaint- ances(for it is impossible that such men can have any sincere friends] to subscribe four dollars each, in order to have them raflljd. Amon^Tst the number gulled by the pious family upon this occasion, was a Mr. Grant- Post bflice of f^^y of Trafalirar, who paid his pound f)r a shake of the dice-box and a )ecn defrayed 'J''0'^- '^'»e "'ght fixed upon lor the rallle, it was inconvenient for Mr. ,i,^.,i,i i-.r> rM,« jrantharn to attnnfl nnrl i.o o/^r%,,^,;.,„:,^.,r.,i i\i.,„t„.. r _ .i t^ . ' 10 re n aeirayed -•"— ^ "^ "'o"^ u.veu up;iii lor me raine, it was inconvenient for Mr. /> luld be put Grantham to attend, and he commissioned Master James, as thf^ R"Ctory/l ^/ A^ ferred to— =alls him, to manage in the host way he could for him. The box and dice ^"^^'**^^***^ ;to you— was ['ent to work at tlie North American, and Mr. Grantham's name boinrr ho last on the list but o.ie, a person present olTered to purchase his right° f Dpy of it, and '•« agent, Master James, agreed, and actually received three pounds from ^ ^^ when parties 'o^"g ►Stanton ; and, strange as it may appear to that part of the public {pect that the [['o are unacquainted with tlie quirks and shifts of the Ma was a constant attendant at the Rector's /hurch, which to the latter was something of a compliment, as it swelled Ar/^. / letters to the?" numoer ot nearcrs, so that on some Sabbaths, they might amount, mssmm^sm ■'*!iji«ps»«i»i«a-!^''?WW '■'m^^rA%^m-^>^'^miimii'^-^*'-w ^^* i l^ t ^ ^ if?!J^V'"'-^«^-»-^«?<»*^' *' ,'« A A' 38 iocluding the Ma^raths and their servants, to twenty persons. But, na matter what friendship Mr. Grantham might have manifested to the family, or what services he might have rendered to them, all was dissolved when the dollars came in oues>tion. Self, was there, and self and the 3fagralhs are inseparable ! This same Mr. Grantham attended, last winter, by invitation, at the Magraths, and whilst there, the Rector told him that he had killed an ox of ids own, and had more beef than he stood in need of; and as he had that day got in an additional quarter from one of his custon^rs, which was in reality the finest and fattest quarter he iiad seen sihce ne-+iad lett Ireland, and which, he thought, wonld suit xMr. Grantham. Mr. G., upon the Rector's description, said he would take it; and the pious wolf had the modesty to charge 3.id. per lb., by which he must have cleared 2d. per lb. profit. But here the thing was'not completed, for upon Mr. Grantham ^k , lb. profit, uui neremeinuig wus iiuL uumpiKicu, lui up^.i ..X.. ^ .."... rL f f havin^rputit into his sleigh, the old Rector, when Mr. G. was about /vU^r^f . driviifg home, halloo.^d, "Stop, Mr, Grantham, I. must have a />*/ for Charley !" and, suiting the action to the word, he pounced like a hungry tigress upon the beef, and with his butchers knife cut out the greater part of the surloin, and carried it into his own house ! Mr. Grantham paid dearly for his lunch, or dinner, but he may debit his loss to the piety of the Rector! • i- • i i In all cases where the Magraths have a dispute with an individual, their great weapon of defence appears to be to raise the hue and crv ot conspiracy and combination ; and to proclaim that they were assailed by their opponent or opponents on account of their father being a pious mm. ister of the Church of England, and because they themselves were men ot gallantry and loyalty! 'This was the case when they were called to accoun* for " hooking" timber out of the River Credit. It \i« also the case when Captains Cotton and Cox prepared charges against them for intercepting and breaking open seals of letters m ihe Credit Post office ! ,, , In Qne of Lusty's cases, that of the horse borrowed by the sporiing par J- son to carry his precious carcass to the Ilnmber Race Course, the plaintit llU aTZ^ and all the witnesses were denounced by the Magraths as combinators aP' y UCUn conspirators. When the pious Rector was mulct in £10 damages ai .lifU' costs for having had in one of his merry moods one of the eyes of Lusty yl t horse knocked out, during the Races-when application was made bj ni nt.fi ' Lusty to the Grand Jurors of the Home District for a bdl of mdictmeu [ {iACCJ . ^^^ perjury acrainst poor Charley, for what he had sworn upon the sporlin\ tr>-L they wrung the changes upon the words loyalty, piety, combination and conspiracy. And also in Lusty's other action against the amabl Charley, who was mulct in £50 damages and costs, for slander and mali cious prosecution, the piety, gallanty, and loyalty of the Rector and hi ^ ,3 *' brave I and dislo Court ! innocent ' 'tis a coi " hung IT So It i: conspira^ one, pro' that in tl the gaQ:gi keitS Uie loyjlty, 1 ishall villous ol the comb Where brutal a floating ( or is It ir service, : patror o shall I fii 3s. 9d. I of the h( steer of ' by his tl bilgewat symptom when he and new the poor James w house. Piety, pact to d of this fi It is a at the S previous Church I three nii of a bul ■'^:;afl|i|l?^»^««»J - -'■■fummmuMmi 3d <' brave boys" was bandied about by them ; and combination, conspiracy, and disloyalty hurled by them at Lusty, his witnesses, the jurors, and the Court ! And even in the author's own case, upon the Post Office injury, innocent Charley rose up and said, " I see it now ; It is a combination ; 'tis a conspiracy ! That man" (alluding to a Mr. Wooding, a witness,) " hung me ! t mean, gentlemen, in effigy." So It is pretty evident that pmty, l ovalt^y , gallantry , combination , and conspiracy, are the chief shields', andthey have, m more mstancesthan one,' proved powerful. They cling to these words with sucli pertinacity, that in the author's opinion, if the small sum of £15,000, now claimed by the gagging and modest Major from the Insurance Offices, should be wiih- kei^J iTie very woods of Springfield will resound with the incessant cry of loy<y, piety, combination, and conspiracy ! ! ^ Bshall leave it- to an impartial public to decide who are " the most villous of a villous race." Whether the assailed or assailers have been the cojVibinators and conspirators? Where am I to look for the Magraths piety ? Is it in their wanton and brutal attack upon Campbell? Is it in their ''hooking" the lumber floating down the Credit ? Is it in the defamation of female character ? or is 11 in their fishing and swimming a bear, immediately after divine service, in the River Credit ? Can I find it in the acts of the Rector a patror of horse racing and his loyal Ballinger's Ten-pin Alley ? Or shall I find it in his acts, wherein he charges the unfortunate labourers 3s. 9d. per bushel for potatoes? or, in his cribbing and bearing the ears of the hogs of poor Mr. Hair ? Or in his monopolizing for months, the steer of Captain Robert Cotton ? I think not. Nor can it be manifested by his turning night into day, and day into night, in accommodating his bilgewater associates in their midnight orgies. Surely, there was no . symptom of piety in the Rector's celebrated advice to his incestuous sons, epared charge! ^^j^^^^ j^^ directed them not to slaughter each other about the girl Simpson t letters m ih(| ^^^^ new-born infant, but to send them out of the neighbourhood by giving the poor girl a small sum of money ? It cannot be lound in the act of James when he sent his infant, from his own door, to the Toronto Work- house. Piety, indeed, in the Magrath family ! Why, a man might as well ex- pact to draw blood from a turnip, as to find piety in any one of the males of this family. It is a well know fact, that upon the last visitation of the Lord Bishop, at the Springfield Church, the Rector was so gorged for several days previous to his Lordship's arrival, that he could not perform any part of Church Service. Indeed, he seemed (poor old man) so bloated from the three nights display of revelry ; that he reminded the author of the state of a bull-frog panting for breath in the torrid zone ! He was so enfeebled IS. But, no fested to the vas dissolved self and the tation, at the killed an ox itl as he had oiuftrs, which 3e Tie-had left Mr. G., upon s wolf bad the :>ared 2d. pei- dr. Grantham J. was about have a hit for like a hungry ,e greater part irantham paid to the piety of an individual, ue and cry of jre assailed by g a pious min- es were men ot were called to /it /TiTm. 31 le sporting par rse, tlie plaintif ombinators a damages ai: eyes of Lusty was made b\ 11 of indictmeu pon the sporlin\ y, combination nst the amiahl ander and mal TCector and hi ,•«##««»>««***•"" i- 40 from the revels of the three precedings nights and days, (being all that time occupied in celebrating the baptism of gagging Tom's child,) that one of his sons had to lead him to a window in order to get air ; and in that position he stood, with Ids hack to the Lord Bishop, during the greater part of the time occupied by his Lordship in preaching a sermon con- demnatory of the acts above described. Never was language better applied ; and I am sure the audience (that is the pious part of them) was highly delighted at the castigation given to the great andfnshionabh sinners of Springfield upon that occasion Really, to go into a detail of the Ptector's acts and deeds, it would m itself fill a voFume. What think you of a Clergyman, and a Minister of the Church of England too, denouncing his neighbours (without the shadow of reality that they were,) with tlie exception of the loyal black- smith and tavern-keeper, all bebels. There can be no piety in such conduct ; neitlier can there be any in his listening, surrounded by his bilgewater fashionables, to his son " Willy" singing debauched songs without reprimanding him ! As to their loyalty and gallantry, all I need say about them, is to refer my readers to the glorious retreat of the gagging Major, not from the ene- mies of the Queen, but from her defenders— the fifteen bold Dragoons who had accompanied the poltron to the Credit Harbour the day previous to the ever-memorable battle of Gallows Hill ! Having by reference, disposed of Tom's gallantry and loyalty, I shall refer my readers to the cork-bullet duel of " Coptin" James for his gal- lantry ; and as to Charley's gallantry and loyalty, I shall refer to the hallange of Mr. William Cox, and the answer poor cowardly Charley returned to Colonel Cameron's order, " that he was so bad with a pain in his bowels, that it was impossible for him to leave his room," to proceed with the flotilla to the Ameriqan shore, the night of the attack upon the steamboat Caroline. But were 1 to look for cowardice, slander, combination, and consj)iracy, I should look to the Mar raths above all men ; for they are as fully con- versant and as well loaded with these acquisitions, as the cocoa-tree is with nuts, or the cob witii grains of Indian corn. ^ i| During the administration of Sir John Col borne, the gagging Major.* upon the incessant and pressing applications of his parents to his Excel- lency and Lady, was appointed to superintend the location of Emigrants upon lands, near to Lake Simcoe. In preceding on his route he happened to enter into oonversation with an amiable young woman, then on her way to the residence of Captain Anderson, she having been engaged by Mrs. Anderson to live with her as a servant. The gagging Major was all po- liteness to the young woman ; he asked her where she was going, and wliat her prospects were. The innocent girl candidly told the Shark that she was prec ing in thi master's farther tl statemen bauch he her arriv Andersoi tunate es savage tl she did n under th^ From highly r Governn and for s It was, h had attei the Prov I perc Mag rath will the General; tion; an eye, wh( Dr. ^ for £35 for Mont very Mi will go ( tiful doc underst? Intht of Jame summon Streetsv sum of the not( the 5th great Sj 41 ig all that )hild,) that ,ir ; and in the greater Brnion con- lience (that on given to Lsion. it would in Minister of tvithout the oyal black 3ty in such ded by his ched songs ), is to refer om the ene- \ Dragoons ay previous ilty, I shall br his gal- refer to the :lly Charley th a pain in to proceed sk upon the consj)iracy, 3 fully con- 3ocoa-tree is ging Major. his Excel- f Emigrants he happened 1 on hor way Ted by Mrs. r was all po- ig, and what ^EK that she / was preceding to Captain Anderson's. Magrath told her that he was go. ing in that direction, and tliat he would be happy to see her safe at her master's house ; that the road she then proposed going was several miles farther than the one he would take her. The poor girl, relying upon his statement, proceeded with him ; and he {MagratUlke) attempted to de- ^ bauch her ! but she escaped the fangs of the incestuous monsfcr ! Lpon » her arrival at the house of Captain Anderson, she communicated to Mrs. Anderson the brutal manner in which she was assailed, and also her ior- tunate escape. Mrs. Anderson asked her for the name of the incestuous savage that had attempted to violate her chastity. The jwor girl said she did not know his name, but she understood that he held some situation under the Government, and that he wore spectacles. From the statement of the girl, Mrs. Anderson believed that, as that highly re; .ectable gentleman, Mr. Alley, was the only person in the Government employ that wore spectacles, he must have been the person ; and for several months this infamous charge attached to Mr. Alley . It was, however, discovered that the gagging major was the wretch that had attempted the ruin of this innocent and chaste female, a stranger in the Province, and not the honourable and virtuous Mr. Alley ! . . .^ V" I perceive from a Toronto paper of tho_29th August, 1840, that the i^<.Zo^^ Maoraths ridiculed Captain Cotton on account of his spel ing! What wilf the learned Magraths say of the gagging Ton^ ? The Governor General, I am told, wished to make education a test of a voter s qualihca- //i;^tiL tion and he, no doubt, had the peculator, Tom Magrath, in his mind s ^. J eye, when he wrote to Downing-Street. ISote from Major Magrath to Mr. Maitland. Dr. Maitland,—! find in Your raccing account for 37 you take Credit for £35 paid by Me. I Can tell you if you think I am going to account hT^^ for Money paid'by Col. Frazer, Markham, Maitland, Heath, orders, you are / very Much out it will not take you ten Minutes to come hire, at once, we will go over the Accounts togathcr, if you do not I will yust lay the beau- tiful documents themselves before the meetnigon the 3rd and let them understand them if they Can for God Knows I Can't. You &c &c. In the early part of November last, the author had to dispute an account J^j^^^ of James Magrath's ; and the consequence was, that he (the author) wa^^^ summoned to be and appear before John Powell, of the Division Court, at --^^^W^ Streetsville, to show cause why he refused to pay to James Magrath the sum of sixteen shillings and fivepence half-penny, oemg, as sworn to by the notorious Charley, due and owing to the said James Magrath. Un the 5th day of the following month, being the day appointed to hear the great Springfield case," as perjured Charley called it, the author appeared y»WW^»*«Wi^5n<»»tw«^»ttM» lJ )^| pM(|i | ^ |l) JL Il | ii N »i m) «W«»»;8^^ ■1 f 42 'before that impartial Judge, John Powell, who took up his abode the pr6« vious night at Mackenzie's Castle, Springfield, tlie residence of the pious Rector and his sons Charley and James. The case being called on, Charley, who always appears as clerk and affidavit-man for James Magrath, opened the case by stating that " your honour, the defendant in this case has made boast that he does not owe Mr. James Magrath any thing, and that he will expose me in your honour's Court ; how far you will allow him to do that, time will show. This, your honour, is the great Springfield case, the account, as there stated, is written by myself, and it is correct." The Judge called on the defendant, and asked " what objec- tion have you to pay Mr. James Magrath V The defendant replied as follows: — "The greatest objection in the world, your worship. In the first place, I do not owe him anything, he being, as the witness knows, in my debt. In the second place, I call upon your worship for a non-suit." The Judge asked upon what grounds \ " Upon these grounds, your honour: for the plaintiff having sued me in various names, instead of sue- ing in your honour's Court in a fair way, lie wishes to make your Court a sort of stepping-stone to defame my character. He does this, not to benefit his own or his brother's cause, but to asperse my character. Your worship, I presume, is aware that all Judges in Great Britain, and Canada, too, I trust, would contemn. Mis conduct is, it is needless to inform your worship, both foul, malignant, and incorrigible, and only worthy of tlie character to which I am this day opposed," Here the twice convicted slanderer called out for the court to protect him. The Judge put a stop to the author's further proceeding ; yet, under a threat of confinement, he persisted he was justly entitled to a non-suit, and this impartial Judge admitted that the summons " was rather informal," and he postponed the suit until the next Court, adding, that as Charles Magrath had sworn that he could prove that the defendant had signed the name " Robert, or R. Peel," on the cheque paid to him. The cheque in the interim was to be procured, " and all witnesses were to attend without further notice by subpoenas." Here a friend of the author's interposed, by saying that the defendant in tills case was fully entitled to a non-suit, and contended that it was a great hardship, not to say anything of injustice, that the defendant should be put to the needless journey of attending there again. The Judge, who usually takes bed and breakfast with the Magraths, on his Judgeship tours, interrupted my friend, by saying he would not allow him, or any man, fo dictate rules for his Court. IWr. Carey said the defendant was prepared to prove that his name was not only Dean, but was fully pre- pared to prove by Magrath's own hand-writing, that James Magrath was in the defendant's debt twopence— the trial he postponed. Charley Magrath communicated to two men of unimpeachable charac- L<«ai mtm l ^yatw 43 e the pr6« 'the pious called on, for James fend ant in grath any w far you 3 the great lelf, and it hat objec- replied as J. In the knows, in non-suit." nds, your ;ad of sue- nakc your 3s this, not character, ritain, and leedless to and only rotecthim. t, under a n-suit, and informal," a.s Charles signed the cheque in nd without defendant at it was a ant should 'he Judge, Judgeship m, or any ndant was fully pre- Lgrath was )le charac- t-erj about six weeks previous to the dispute in question, that any cause hs carried into Court, for himself or his family, where John Powell was Judge, that he would obtain a judgment whether lie was right or wrong* In this reckless slip of the gab, there appears to be, as the sequel will show, more truth than what poor perjured Charley is usually credited for under oath ! It was the defendant's intention to have established this fact undar oath, by the men above alluded to, but for the peremptory manner in whieii the Judge closed the case. The pkiintifF's witnesses were, tlie amiable Charley Magratii, his tools,' Russcl VVoodruflf and Thomas Fitzgerald. The reader will observe that our honest Judge Powell had stated, that " all witnesses were to atttend without further notice." The day arrived ; the cheque was produced, and poor Charley opened the plaintiff's case by suying, that " he and his brother, Mr. J. Magrath, had spared neither trouble nor expense in procuring this valuable docu- ment, the cheque." Here this scion of piety, the Amen-Clerk of Saint Peter's Church said, " 1 am extremely glad, your honour, that you allow- ed me to postpone this case from your last Court to this day, as h ha3 o-iven me an opportunity of getting evidence here which I conceive is in- valuable to me in support of my brother's claim against the defendant.,' Will your honour allow this man" (meaning the defendant) " to come into, Court in the name of Peel, or Dean ?" The Judge said, in the name he acknowledges. Very well, your honour, said Charley. The defendant has promulgated that he will prove me a perjurer. (Here the defendant said. And so I will.) Poor Charley called out— Court protect me. So his friedd Powell said he would not allow the defendant to interrupt hun. So the convicted slanderer and purjurer handed the cheque to the Judge, and said. Your honour, this is the cheque on which the defendant said he had never signed his name '« Robert or Rt. Peel." The Judge looked at and then returned it, saying, It is signed, however, by some one. On Mr. Carey being handed the cheque, he instantly said, I will swear this IS no more Mr. Dean's writing than it is mine. The defendant im- mediately said, I do hope your worship will allow me to be sworn, and 1 will asse'rt, under oath, that I never did sign it. Surely the oath, it not the bare word of an honest man, ought to be taken in preference to a twice convicted slanderer and perjurer. Here Charley said, I hope your wor^ ship will protect me— he is (meaning the author) making faces at me— he is «Trinning at me, your worship ! The Judge said, Mr. Dean, you must no? nor sh"all not use such language in any Court where I preside. He is, (said the defendant,) your worship, the fittest and imsi incorrigtble ^.^ perjurer that ever was within the precincts of any penitentiary in her '>£^^HHff^vrp-',t, .na««yaa»«»«.wiwi uiw >» '- F' q«»w'r s mrin; of the cc were so self-impc court ' Thej delay of iiad witr 2s. ^d. ant, by t sum of the addi was con moval Durif] agent st not then examine him his had a ri tone, tol Whei judge i judge, A to proc6 was dei have be aware t day, w( crease i court, i his frie The person at Man Thil Fitzgci obtaine the ore li-^ii^MMti. Sis 45 ,1 Avas Cameron to the interests of his highly respectable acquaintances, th6 Magraths that he refused to produce the cheque when called upon to do .;- ' ! He v/lshed to visit the pious family, arid he fobbed IGs. lOd. of the . ■ >r's money for his trip of pleasure ! j i , /^i i ^Vurin^r the trial, the defendant was frequently interrupted by thoLlerk of the co'urt and Constable Ward, whose impertinence and olTiciousness were so o-ross, that a stranger would have thought that tliese miirhty and self-imponant gentlemen, were the Judges and not the Servants of the ^°The iudfre said he would take time to decide the question ; and after a delay of aT"ortnight, defendant's goods, to the surprise of every one who had witnossod the trial, were seized under execution, for the sum ot ij4. 2s 3:^d beinfT 16s. 5^d. debt, and the remainder costs! And the defend, ant bV the iu Thomas Fitzgerald, dated September 5th, 1843. Upon this order Mr Dean obtafned goods to the amount of IGs. 7|d., and endorsed that amoun on the order? on the 18th September j and on the 9th day of November, i 1 .4 (( 46 defendant obtained the remainder of the goods due on the order. To the defendant's surprise, Charley told ijim that he must pay cash for the goods received up_ to the JBth Syilember. As he (Charley) had not en'^orsedTTie amount upon it aricl again take goods to that amount fromtht brother's shop, as the defendant 's indors ation was not sutlicien t d'sch.arge, defendant told him that he had jJTvenlmrrcredit upon the order for the full amount, and that he would not take thereafter any goods from Magrath's shop, as he had to pay from 50 to 100 per cent, more than ho could have procured them for in the respectable stores at Cooksville. Asa sample of their charges, I here insert the following, viz. :— Cut nails, sold at Cooksville at 4d. per lb., the Magraths charge only 7^d. per lb. ! Knitting needles, 5d. a set (a very inferior article) charged by the Magraths, are sold at Cooksville for ijd., and a much better article! ! "Coptin" James Magrath's charges for herrings, whiskey, tobacco, pipes, &c., are equally enormous ; and as to the articles of tea, which the gal- lant "Coptin" and exJust[ce of tho-I^eaQe obtained from, the United States depots, free^oT duty, whilst he was a sworn magistrate of Upj "^r Canada, it wassold al'an enormous profit by him, although of a very infe- rior quality. Indeed, the greediness of the whole family is proverbial. Only read this, Rector Ma^rath asked Mrs. Lewis for a few apples; she said he might have them.' The next day, Charley Alky (a near re- lation of the Magraths) appeared with the Rector's team, the waggon of which was boarded two feet higher than usual. Into the orchard he drove and filledjhojvaggon with the choiccstaj)|p^ When loaded he started wit'TluTbootyTbut'' before proc"eedingTiaTra mile on the Dundas Street road, the team and waggon, on account of the very heavy load, got stuck in a mud-hole. Charley had to return to Mr. Lewis and inform him of the situation in which he was placed, and Mr. Lewis, although disgusted with their voraciousness, was so silly as to furnish him »vith a yoke of oxen, in order to enable him to take the ponderous load home I — The next day Mr. Lewis took a view of his orchard, and found that he had not only broken the branches of his most valuable trees, but carried off the whole of his choicest fruit— some part of which he had promised to esteemed friends in the city. It would appear as if the Magraths had exercised over all the people who were gulled by t'>eir society, an Algerine power ; for they made it a rule to call upon all days, and at all hours, lo the residences of their ac- quaintances, and carry off such fruit, poultry, &c., as they stood in need of, and, in doing so, they fancied they were conferring a favour upon the persons that they were ihus plucking. Indeed, no priest ever called upon his parishioners for Easter dues with more authority, than the Magraths were in the habit of calling upon their deluded neighbours, and carrying off sucii eatables as they stood in need of. But it s game to tlu have given At one t Mr. Lewis him. Upc visitors. ''. the beds a nirte points requests. Itive, Mr. 1 with Mrs. provide th( MMMMUMOi*'*' To the for the lad not rom tht 3harge> for the s from than ho le. :— Cut r^d. per 1 by the rticle ! ! 3, pipes, the gal- United f Upi -^r !ry infe- rbial. apples ; near rc- ijTfjon of hard he laded he Dundas ,vy load, d inform although ^^ \vith a home ! — I that he t carried Dmised to ifitahk the Macraths, and game appears this prolitaLiie game to tiie iviagrains, anu injurious leir neighhoui ^ has now ccasod ; for some of their filthiest toola have given them " the hug," and closed the duor against them. At one time, two whoh^sulo merciiants fron Lower Canada called upon Mr. Lewis in order to setth; their accounts; aiid to spend a few days with him. Upon their arrival, he mentionod to viie Magraths the object of the visitors. The Magraths would not take tho h;nt ; they were in possession ; the beds and the fare w.Me just what suit'-il tliem ; and, as possession i* nirte points of the law, they were determiiKMl mo; to be ejected by hints or requests. The merchants had to go to a ttivcni ; and as the only alterna- tive, Mr. Lewis had to ju-t rid of liis bilgc-M ntor fiishionablcs, he started with Mrs. Lewis for "V(.ik, leaving dirodi >uf- .villi his housekeeper not to provide the Rector's family with a diiiumv i. ^'i.f.SJCC-'— /'. .0 •T ' t^t-t / i*-ttt }-) ,r5^,x^.<_:;^- i/r.^ijK^<"i . ,f / i/ ' :' J J ,.• ' V le people Tiade it a their ac- 1 need of, upon the lied upon Magraths carrying