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Las diagrammes suivants illustrent la m6thode. srrata to peiure, U 32X 1 2 3 1 2 3 4 S 6 •^ /c^ "■WWaiai^ ' /H (A-^^'.-Can. k-y ~~1 HE TRIAL OF DAVID M*LANE FOR HIGH TREASON, BEfORE A SPECIAL COURT OF OYER AND TERMINER AT dUEB^C, ON THE 7tn. juhy i'797. -: .J Qt;EB-EC: FRlNTtD AND SOLD BY j: NKILSON* I I " 1 ( in 4) 1I n f\ -T.^ I II t 1 THE - I TRIAL OF DAVID M^LANE &c. A XXT feven 0*01001^ in the morning of Friday the ytb of July the PriToner Was put to the Bar, and the panel of ih« petit Jurors was called over.. hleven were chalUnged on the part of the Crown, and twenty four by the prifoner. The following gentlemen were iworn : John Blackwood, John Crawford John Painter David Muiifoe John Marc John Jones James IrvinCj J .mes Orkney ; \nmt9 Malon Goddard Henry Cull Robert Morrogh George Symes, ^ The Clerk of the Arraigns charged the Ju; /, "-ith tlie prifoner upon tha indiilment found by the grand jury againit hi. . which conhiled of two counts— 1 he one for compaihng the death o, the King— The other, for ad- hernig to the King's enemies. On each count fourteen overt atU were laid; which were in Jubilance as follow, and the fame on both counts : ^ (i.) Ihat the Prifoner conlpircd wi;h divers perfons unknown to folicit tne enemies of the King to invade the Province : (2) That he folicited the King's enemies to invade the Province : (3.) That he confpired with the King's enemies to excite a rebellion fn the Province. (4.) That he confpired witli divers perfons unknown to aid and affifr and to leduce the King's lubjccU to aid and aihft the enemy in an hollile nil valion of the Province. ^ (5.) That he incited and folicited divers of the King's fiibj-fts to joia m the projeaed rebellion, and to affill the enemy in the pojcdcd invafion ; (6.) That he incited and folicited divi-rs perfons Cnot bcmg fuhjuisj t ) levy war againft the King in the Province, and to aiiul the enemy in the projedea invaiion ; (7-) That for the fame purpofes he abiulutely inlifted feveral perfons :' ^ (8.) That he coufpueci with others, to introduce aims and aaununition into the Province. (9.) That he collected intelligence refpedting the difpofition of the King's fubjefts towards his government, with intent to communicate it to the enemy ': (10 ) that he aco[uired knowledge of the ftrength of Montreal, and of thei \ i % ^\ C 4 ] (ii.) That poirclfcd of the infoimslinn anij knowlfdw frr for.l, ;» .u .w., kft mcmcned ovcv. ads, 1,„ left the F.-ovi-.c. fo .?e purX "cm rmmicatitig both to the enemy • puqoie ot com- J^:i ]it^p:^:' '"^'''^! ^^^^-^^^^ clandeaindy under the afH,.- CllM'fO 'I' IVr^'^v ^'^^^ ^^^'^"-s to take the w.lled and gamfon Ctycf Quebec by (urpnfe, to ca»fc a milerable ll.ughter ot the Ki.K lubje6 ., ana to deliver it into the bands of .he encmyfand, ^ on^t^:c:h'd:::'c/^^:^;:i^ "' ^'^^^"^--^-^^^^^ ^l- city of Quebec ed ig's Th'> indiament was opened by Mr. Caron. the At TORN- Ev Gkneral ei TT^rj , , - - ■— ^"^^'■"'l ^u'ly into the cafe of the tjrifonpr • ^I e r.,d, ,he cuuy of the oflicc which he had the honor to ho M unde Hh M jcfly s government called him to fup-ort the indittnicnt a}?irl hl^ \l Tr.n H 1 ' ,^"-^'"C«' ^l*- pnfoner w.tli the higheft crime on , a Canadian Jury could give their v.rdift, and reauiredfrom thofe who ;3'"r: rr! r/ ^^^"'.'"^ ^^^-^-"' ^^^^e inter^^s of the Crown on th were he one hind tr, fi.^r. ,^f ,1 r ,"» -" '"^ '"^'^'^ii-s or me j^rown on the 01 Jiana, to tiiole of ihe pnloner on the other He fplf 1-,*. fa\A ^ a r ri .c.cha.^ehisduty, as well as he was confident the Jury would dimen n.t tne Jury inuft form thur op.nion. whether the prifoner was g.iuy, or . ,t godty f-k then enumerated the feveral overt atts c: arged, on whkh he coa.a,ertcd at length obfervn^gtrat they refoived into thi.! that the pn,!i, in the i)lo<>d of their nobility, ia «' the blood of ihcir clergy- iti the bloud of thoulands of tlie bcil and mod «* innocent of their citizen"." He oJ>rcrvcd that the Frilone a^s generally fuppofed to be an alien— a fubjedt of the United Siai-'^ — i "■ that this was immaterial — aU perions wiibiu the Province owed a natural or local allegiance and if they aEied contrary to the duty of either, ihey were guiity of "trt-aior) — in the fcale of le«^al confiderati''He then opened the >'-ii jcnce which be nuv:nded lo produce, of the war he fiid he fnonid not oiKtr any procf, it was a fitt of public noto- riety — to liipport the remair.iny allegations of the indidment, he fhould call fix witncir.'t, f/.ieri the Atlarmj (jCiUi al jlatea ivhut n.voulcl be fnoved hy William Barnard^ Ehni-r Cujhing, I'ra»',i>is Chandontt, 'I homas hulierfeli^ Charlts Frichet^e ond John Bin k, but as xvhat he /lu d j thtje wttriejjes did pro've, nve tbihk it un'^tcefjary to i.-peat -ijbat he jucd u.> -we fucan to ri-ve the j'uhfi^ince of their n'/peciice d^'p'Jii ions. ) He then llated the var.ou.-, fad;., that hac' -len adjudged, to be overt Ads of Treaf^ n, layin»» it ddvu as a princpl.' that all meaiuro> which manifclt theTreaionable intent wc^re loth — It was not i^.e faici, his I rovince t'^ ll:iie the Law u ^on tiie pi.-fnt cale (>.vhich he coiiciived h(n^ev.•r was lier(ed!y iettled) I'but the J'ry wou'd receive from much I'igher and nu'ft c ;rta'.n aurhority, bat he woiild advert to the excellent ^nd ie;'.rned Charge wiiich iiad i'eea given to the Grand Jury, at the openi:ig of the Court, la wnicli M\ intention to proaiote liihing his intention, Wijs declaicd to be rii^-ii 'J':ealon — .;nd in which alio words coupled with Ads, were recognizee to be K^gal evi»^iencet)f treafon. Tiu'le he obiervcd weie points of Law, undenia- bly Iettled and ilronglv api'lic.ible ti> iln^cale of the Pnloncr. After fome further ob:crv;iiiw)S, the Auorncy Gcneiai toiicluded a Speecfi oi two houis, in ihele woids : Gsntlcn:eu, *' [ truit we lb dl lay before y.)u, clear and full Mroof of all the ovprt ** AcU charged iu the iiiiiltaieui, but li Oiic of fchtui only, is cfu»bli;ht.d *' by I 4 C 6 ] ft by two Witncfs, or two of them bj* one Witnefs to each, wliofe teftimo- ny you believe, the cvi lence will be fufficient— the Priloncr will not tlieri be cntitlfd to tlie prclumprion of innocence, the crime of High Irealon, will ft;ind prowci againft him, and your Vcrdid on the oaih ynu have taken, according to ihe duty you owe to God, to your Sove- reign and your country mult be, that he is Gu iltv, in mauner'and form «' ai he Ibnds indidUd. VITNESS FOR THE CROWV. IVilUam Barnnrd-^Dcpofed, that he was of Montreal, a Britifh Suhjcft, that he firll law the Pnfoner, at tiie Province Line in July 1796 ; the Prdi.nl ert Id him, he wiQied to have lome priv.Jte converlation with him, when alone the Priioner fa:d, '* I hiive fomethirig of importance 10 con/mu'icate •' to you, it isa fecret, in telling it / ^a/ vij> life into your hands,'* he ad- d-d, that It fTii'^ht appear fmgular for an iippaient liranger to itddiefs h-ru in that way, bet th..t in faft, he the witnefs, was no llran^er to the Pnlo • ^ that he the Prilouer, hdd made many inquiries refpedting him, and h^u bica particularly recommended to him, as a man that might be trulted, that the Priionei hcwcver exaded a folcmn promife that the Witnef> would never divulge what he ihouM tell him, which the Witnf fs gave— He then laid that he was there for tht- purpofe, ** of hrtn^^ing ahout a retoLmion in La- •' da,'' ihni he wiHied for affiftance within the Province, and prellcd the Witnefs to take an active part in the bufincfs, whicl» he faid (hould make his fortune, this the Witnefs reffed and left him — The Witnels law the I I'nf )uer a few d;'ys after in Montreal, and was again foliciicd by him to { join iiim.— The Witnefs again rcfufed, the prifoner reminded him of his prouiile, not to divulge what he had told uim, and allured him that he lliould be pioteded if he kept his lecri-t—- In November laft the Witnefs ia^ ihe Prifoner again at La Prairie, near Montreal — the Priioner then tolci him that things w^re ripening fail, that this was already a conquered coun- try : that a French aimy and fleet would be in the rivtr early in the Spring and preflcd him again to take an atftive part, which the Witnefs profefled himfelf unvviling to do, the Prifoner then afked him if he would engage 10 found the minds of the people, and let him know who might be depended upon, that if he would and likewife inform h.m where the property of ihe S;:ininary and of the principal Merchants at Montreal was de| ofited, he ibould at all events be proteded, on this the witnefs faid he would rctkd, ihe prifoner left hiin ihortly after. The witnels faid that previous to the Idil converlation lie had given information to Mr. M'Cord, a Magi Urate at Montreal of tne priloncrs views, and that by his advii.c. he appeared to ac- quieice in his oilers at the laft interview, intending by that tondvd to oh« tain more ample information of his intentiOTib — but that th- Prifoner did not appear to be fati; lied with him. and told him at parting, that he could not toiumunicate any thing further to him, before he undeiiouk to alTill him. Being crols examined by Mr. Pyke of Counfel for the Friioncr; the Wit- nefs i.iid that he had not received, and had not been promiUd, nor did he expedfrom government or from any perfjn, any reward whatever, for ap- pealing as a Witnefs on this Trial.— That the pnfoner had told him he was [ 7 ] a Subjc6l of the United Stntes, but that he of his own knowledge could not fay whether he was or was not. Elmer Cujhin ^ — Dc poled that he was 3 Briinh fubjedl, he hnd known ths f)riloncr eleven years, he faw him at his own houlrat Moimeal in N^'veinber alt, after foine convcrlation with the prilbncr rcfpe-ting the then llatc of the Province, the witnefs xprefliug then jufh returned from the moun- tain of Montreal which he had been infpecting in every part and found tnat it commanded the city entirely, they meant he fiid to fe ze whatever pro- perty was in the hands of thole who ihould be adverfe 10 their views, to defray the expence of the expedition, and in the lirlt inlbnce elfcdually Ij fecure the Pnells and leading CharaUcrs of the Province — that it would in- deed fare hard with all who were not favorable to their caufe — th.it he had engaged feveral perfons in the Itheme who were rtfidtnt near the Province Line, and they h- undertaken to cnlifla certain ntmb.r of men each, ihat the arms and amniunition for thi;i"e perfons and for as many Carudhiiis as would join, would be furnllhed fiom France through the United States of ."America — He then warmly lolicited the witneis to t.ke an adive part in the bufmels, promifing hiin a CommifTion in the Irencli fervice, or any other reward he might afk, the Wiinefs declined his offer — he thenprefTcd him to engage to ccllettand give information of the ftate of .he country, (lom time to time tiil the Spring — this alfo the VVit- nefs refufed, «« will you then f.id the Prifoner, engage to do your endea- •* vour to koep the vlani-dians quiet for the prelent, the oppoliiioii they *• now make againfl the Road Ad, is premature and hii^hly dctrimciit-i! ra ** our interefts," the Prifonei fiiidin^^ that the Witneis refufed to afliil in any way — advifed him to reUed lerioutly on what he had faid, adding, de- pend on it, this is a conquered country, he then told him to rememoer his Ofitli and k.ep hi- Iv cret, and that if he dared to div Ige it to any one, his Jile iUould be the immediate forfeit — " I think" i-ys he, " on rcli-^ction .. . ** ycu ( [ 8 ] *' you will accept my ofFcr, and it is probable that fome one may be fent •' during the winrcr, to converfe further wiiii you, if any body is fent he *' will tell you th.it he is come to talk with you, on b'atnily Matters.** The Priloner liicn left the Room, the Wunels had no further convcrfli'tion with liim.— Upon his crols examination, by Mr. Francklin alio of Counfel for the Priloner, he faid thrit he had given information lo Govcrnmtnt refpeaing the priloner's deiigns in November lall—That he had not received or been piomiled nor did he expctl any reward whatever for his evidenre—He al- ways underilood and. believed the piifoner to be a iubjtd of the United States. Francis Chavdona — Depofed, that he was a f'jbjea of tlie United States of America. He knc\^ the priloner for the liril time about eleven moniiis ago. He law him near the Province line the beginning of laft winter. The priloner wilhcd to ipeak to him in private. They walked out together v^'hen the prifoner informed him, that lie had been recommended to hini ;* that he had iomething of ihe utmoft importance to c ommunicate to him, but requited a promiie of feerecy. The witnefs refufed ; but the prifoner oblerving he fuppofed ih,2 witnefs would not willi to take his, the orifoner'i life, faid he would proceed : He then told the vvitnels that he was employ- rd by the French Republic to go into Canada to feel the pulfe of the inha- bitants, to learn whether they were well or ill afFeilod to the government • that he held been in the Province and thought a large body of the inhabi- tints might be induced to join in a revolution. He wifhcd the v;itnefs to alliil in the undertaking. He obferved that the witnefs wi;s then goin? to refide ;it Saint Regi?, on the river Saint Lawrence; that he, the prifoner, wilhcd fecrctly to introduce into Lower Canada, in the fpring of the year^ a quantity of arms and ammunition, as well by the river Saint Lawrence as by Lake Champlain ; and he thought the whole might be concealed in idfts of lumber: He added, that a great quantity might alfo be intro- duced into the Provirce in rafts of firewood, from the Chateauguay river, and that thefe would be the leall fufpefted, as they would be thought to be rafts from Upper Canada : *' Your fituation," faid the prifoner, '« at «• Saint Regis is much fuited to thefe objetls which I have in view." The prifoner then informed him, that he had a brother who was coming to the lines with a large quantity of dry goods, to be fold for the purpofe of pro- curmg a quantity of provifions, to be ready when the caufe might require them ; and that his brother's flore of goods would furnifh him (the Pri- loner) with a good excufp! for going backwards and forwards. The Pri- foner urged the Witnefs to engage m the bufinefs, which however he de- clined ; upon which the Priloner obferved ** that he was forry and tliat if «* he (the Witnefs) divulged the converfation which had then palled bct- «* ween them, he (the Prifoner) muft iiievitably be hanged." On his crols examination, he fetid he did not know whether the Prifoner \vri3 or was not an Amet.can fubjcil. That he ^the Witneb) was a Cana- dian by birth, that he left the Province 1111776, and was a naturalifed fubjett of the United Stares. Thorn oinai C 9 ] Thomas Duttfr/eld'^Sinl nr was a luhjn^ of the Un»tci Sta«rs of Ame- fic'i 'e iirll f'W ihc jjiiioiicr at buantoi>. in W-tiiu) t, ii \' s'^'tibcr Ia(l : He told ihc vviiiK'ls he had a Itcret U) till liim if he would net r.Mcal it ; thii he hid been in Ccinada to f el ihc pulfe of the inhabitants, id Itarti wht-th'T thty would iile in arms agamft the Biuifh govcniineiit, aiid thought they only w^tnted forru-body H) h^Mtl tiicm. I'iiai he w;is cmiloy- cd in this bufjiKls by Mr. Adi'i, the Funch minjiler, and was then r.:i:rn- \ng to hi.n, at Philadelphia, to tell hi.n what he h:;d Icariit. That he hid a number of friends ni Canada, on whom he conld dephn's, 3 1 Canada ; ih.t he lent the witiief^ for Fruhnte, and th it af- ter iteing iaid convci fmg with him, he ear Q e- bec, the priloner alked hiin if he th.ught the Ca^aUiaaa ripe tot » revclu- B lion; I [ 10 J tion ; and nfrer further convcrfiitlon. added, that he, the prifoner, was a gcnri;il lit the irrvic«i of fVu* French Rcpuhlic ; th idea, might f H-' ct it That thev eroded fronfi .>iaiit Nichoi;is lo the rorth fl-jcre of the river Saint Lawrence, abt^ut two miles above Quebec ; that the pri- foner conc::aL'Cl hiuiteif in the woods near Wolf's Cove, and lent the wit- ncfs into ihe i-iiy to biing one Mr, Black to him — width he did. That Elack and the priloner l)aci a long converfacion tcg:ther upon the means of txcitinjc a revokuion, and the taking of Quebec by furprife ; that Black pcrfuaded tiie pnfoner to come into Quebec after dark, and to remain at h.s h^)u^e — The pjiibncv at hrlt leemed avtrfe to it, but finally confertrd, i)'r,d prnmiied to tome with the wimeis in the duf< of the evening. \.r. Blai.k tlv.n left thf ni. ar.d'he witncifcondutled the prifoner into UucbvC, ai;rf to ;\'jr. RL-tk nouic the fame night. Joh/i B}ni ky Ej'i^;:(ire~—\V; s ac home when Frichette came to Us houfe end x)llered fomf Ovk timber for fale ; but af.er a little time defnrd to fp-:;ik with hin^ in private, when alone Frichette after ibme introdui'h^ry convtr- faiion, afictd hita if he was the Mr. Black who had been iiupiifoned by Go- v> rnir.ei.t in 1704, the v^iLnefs faid he was, can you be depended tip(>n faid 1 richeite fjgnihcantly, the witnefa aniwered in the affirmative, upon which Fricljette, told liim t.hat he was fckt by a French General, then in \he woods iiear vVoit 's Cove, to fay that he wilhed to fee b.rn— and t}K)t he would con- duct t.ie vvitnels to him, the witiielc thought he ought to go to a.fcovcr who this I'rcnch Grneral was, and v.hat were his plans, and accord'Pi^ly cy tr.c name of Colonel David M'Lane, w.hich he iheii fojr.d to be ihe piil(,nr;rs n,,,ne the prifoii. r ia ilic courle <-f t'ae converlation f:\\d, *♦ \ou may VMwk *< me youn',]j for the enterpnze, 1 have ur,d.-rt.ii.cn, but this i^ the iyllcrn, ** which Fjcnite jurlaes at prefciit — ihc will not einploy an old Gencrar' — i the wicnt-ii pre', aiied on ihe priloiicT, to come lu towi. -ifer dark, and left; hirn to be cunduflod by I richeoe, to the hovife of hi.i) tiie uitiu 1 , vvlun; riif'hl came on the vvitnvis ab fonn as he r-vrivcd in town, ;^ave inioiniation of'^wh it had palLd, to a iV:;:j_,iUrate, ana the i:riion3r vvai, i^ppreheadcd at his | houle the fame evening. i Onbcitr^ ciols examined, he faid that his letter froni Huniden (which he piodiuel ) v^as meioly a leucr ol hiifniefs, rer-edi'-ig luirb.r. i Herman Wrriits Rvland, hfquire — de}>oicd t!:at he wis j-r^fnt when the pi-ii-nier vv^is ai'iiiehencied at Mr. Bta^k's houff*— the vv.iiit-is aik- ed his name, he fu'd fc//— ihr wiiuels ardwertd r.vt h'"^ name was ['i'L'ir"\ \ the prifoner lep'.i d that the witncfs was miliaken-«>.t.ie -.Mtnei^^e;. ^^ . reJ'|| what money he had v/ul* lum, and tne ptifoner prO'^«;.ted abag cf on^; 'hu:!- I dred and hvty dollar.-- *;riC witaets t;.(j'v the rnone; I'a. d.^vu'tt) write. V\^. prifoacr a receipt tor u -o.id ajke 1 him of vv'-oai .- (iiould lay he had receiv- ed the moncv I the priiontr anlwoied ''* vf jacvb Fctt^' — the wKn'^isij gave a rcccijjt for fo much money, foand on Jiu\'b leu ulias Dc-jid AiV-| The At'i'ornev Ge -eral then informed the Court that he had ie^'eral other wiinefres who were prelent but as the cafe was nowpcrtedtiy eitab- liftied, ' he iho'itd he c chde the evidence on tlie p irt of the Crown, T'.e pnilni.-r made bds defence ; i ptilon. lieob(evved that he vvps fenfible th'it a black Llo.rJ huni^ over him, bet th.^t it wo'aid (horily be dif- pelled into gentle flu; vers — He ind been iudul-Jied he faid in evcy ihiti;; realonable and was grateful to the Coart, th'.y had permitted b. .|| could be done, Hi^ bj other did fc— That he d.lired his brother to m.'(i|, him at one (iieig's near ilie Province luie on the firil of iVi y, and vvti:j there in the expettation oi hndina him — Hi^ l)rother \v-i'^ gone > u'. had liTj fome goods theie— he thtn for the hrll tin-.e la.nc i:to Canada to ^^"'i T^jlin\ b'jiore this he hud been about Lake Chum^naiu luuv-iir^ away nijj ^ " B 2 tiui4' I [ '2 ] timff t"il he was to meet hU brother, and Fie was two or three dr^ys at thlj tiiuc with ihe -.vUiiels Balin-^.IU. lie proccedeci from St. John's to M a- t tnal a.id \\\ u ■> at 'lie iviuie of the vvilncih Cnjhin.;. He met there a Mr. \ Moore who had come in, exp.ding lo be cmplc ycd in cuitmg roads or ta- ^, nals rind vvh) b-.^ftl him noi to imci 1 re in his fpecLilatiuii -..that hnding I nothing could he done in this A^ay, he ret'.:rncd to Gnig'i where he Idw the I wit cis, Barnard, ar.d alkeJ bin a nondn-r of Queitioos of a inerar.g the Icn'ahy of the Canadian.s becauie ' if there had been a probabiiity of dillorh-iiicct-, it wouhl not hive been prudent for him to thir.k of fttrling in Canada, and he mull have turned his ' thoughts 10 fome thing ehe—thit iie returned iifterwards a^ain to Montrtal m and '-•aving heard much cf the ir.ountain, he went to vifit it that upon hii return from thiMiceto Cujhiji^s houfe, the wiu'efs Cv/bini; told him he h.id done wrong as h.' was nuich iufpedcd — he ardwered, why iufpcftcd ? that I he could give good pioi-f who he \Vas, — that he tnen produ^jed ftom his I faddle ba-'S the piper to which Ci:Jri>2;<; had d^polcd, fioni betwce i the i'oles of an old^fnoc, where it had flipped by ace.. lent from his i'ockct l^.ook, which having fallen into the waier when croihng Lake Chaniplain »*as much torn. Ho would explain how he came by thit paner, his wife w?.5 related to a family of the name of Ikdchcr at New i/ori, in Rhode llland. I'here was a brother foliowtd the Sea and dud, leaving; lome property in Fiarcc, which h*i< hllers on account vf the war coiil 1 not eet. He withcd to go to Fnince to get this money to bring out j^ood-*' for it, which would yeilU him a Com;Tiirion, h,^ vvv.nt to the French Minitter .it Pliiladelphia to }.ct a Cer- tifi'^t':, th.? Mioilier was not there but his Clcik whole nrnne he coald not remt'.ub'T, ^rave him a I^.iper ceitifyo';; '* I hat the Miailler iutcivlted •' hri.fclf i;i Lis f'l'i'iiv concerns,"— He did not h^w. vcr go lo krante, but return''d lo Cani.'.la^ h' re h.iding tha theie had been diltcibances and that he was inl petted, he determined to go Sack to N\-w York and^ tioin tbetice to Fiance, on hi;, arriv d at N:w York, lie found that tb.i Frtiuh tO' kdii Aiii rir;m Vcikh e\en tholo bound lo ti-eir t-wn ports ard hetlun Xefoived nt;r to i-o, but to return -. ^ ham; bun he louiui he cou'd procure timber on credit, which he deten.ioed to leli in <. .madaand to purcmi. ntjrks which he fi t thought vrouldy-'kla doiible advantat;e, he nut the witiiels Bult'.-r- d ami was re'.-cmtn-nded by him to the wiineis Fnclitticas a good guide to c( ndudl: Ivm iifo I'e Provnice, he accori»iii,^iy lent for him ;;nd camv wi'h him to 0> be (. — lie did not give in hi> tiame ;it St. John's be- caulc he uid not know ; r,at it was neccliary and did not wifii to give his Creditors a c'uc to {iri>ut arming the Cauudians wi^h pikes, if aiiy thing ihould happen— That he ■' . brought 1 I C '3 ] I brought two letters from Mr. Hunfdcn, one for the Witnefs Black and thel oihei tor ^ . . Blackwood the Merchant, and thai both were upon bulinels I and ilaieo ■ at he had timber to difpoie of—he had nothh.g to ubjca ogamit J the W'ic.icifcs they might be honed men. ut flK:: all nun were luble tol be nnitaken and that they had grofdy miihsken his views which wore iiotj political but rneicantih. — His Hory vva.s a very plain one and the Jmy mufti lee from the f ir narrative he had given thit ne vjz% an Innocent man — iiej concluded his defence by aa^ddrefs to the Ueily pi;iving hiin lo put elo- I quencc and perlui>five argiimt:nts into the mouchs of his CounTl who vycre I then to fpe;.k in hi'-, behalf ; and to imprefs his Innocence upun the nduJs of tiie Court and juiy. M li I'y KE ^iaid, that the arduous and important t; \k of conHuainfr the pnfuner's defence h;id been affigncd by thi Court to \\\i> learned tiicnd ^ir. Fraocklin and him elf-o"itnporUiat it v/as in every point of view, ardi ous j he confellVa when he confidercd iiis own w^mt of expeii.nct, he vviihtd the pnii.nc^rs Counel poUelleduf more i'bilitits ilnn he could pielume to, yec i he laid he felt a degree of confidence when he redcttid thnt he was befcrti • an Ei.giilh Tribunal ready at all times to extend iis mduh^rencc loahcie ' unfortunate pnlons brought before it accufed (;f capital crimes ard that the Court was in iome uiearure conlicered as CcU:ilel for the prifcner he there- fore did not diuibt but that he ihould reeeive bo;,h countenance ;.n.: ^ifilll.-.nce ■ in his endeavour to difchiirge his duty— lie expiclled his latislacuou lo hnd fuch refpedable chnraders on the Jury knowing iliem to be mcatablc of bein.^ uoverned by thofe prejudices which iniluence only weiik hvA unca- lighieucd minds and that thole leports Vv hlcli h.d been ci.cuLtt.-'t a.^-in(l the prdoncr would have no weigiit wiih tliem in .^Mvi'sg th* if X'erdiil: -« Periuaded he was'thut however appearances tnght be a;.j,aind. the prdoncr yet that they would rt quire "rOntive and indiiputuble evidence oi the char- ges broupht as-ainlt hnn, that evidence which the Law, in thoic calcs, re- quires, diu>. not mere words, and va,;^ne converlations lo liabie lo t^e nnsn: - terereied for ihould the fm;dleit doubt be enterrained oi' ihe guilt cf iho priioner it was th ■ duty of the jury to lean lu the iide of ms.rcy ai,d ai (juit him--d:e laid iu w^s under no apprehenlions for the :.nibner knowing that he was beiore a i libuua! v.\\-yc lultice is ndngled with mercy unhke ihoie of a certain Republic where accu'a'ion and iutpicion we- e (ullicient grounds for convittion. "^ he priior.er at ihc Bar Ih.cd chari^cd i iL with cc'nv.aif- ii',:; and intending to dcpoi'e the i-av; and put himtouea'h, and iecondly v^itn adhering to and co.nforting the King's iMiea.io Ihe nature ot the cru-ne ol lligol realon and its fevcral fpecies had bc-tn ab!y cxplaintd bvhis learned friend the Auorn-'y G-neral but he be<«ged leave to uiMei horn him in his application of it to the preleai cafe-- He f. i:i as to the firlh cl.arg.! there w'as not a Ihad^ v.' < f j root of'any ii;t"n:;cn in the priioner to dt p';l« or take nway the life ol our b.iovtd S(»vc!cii;n iadeea it wi's ablurd to it.p- noie that he had (uch an intinlmi, nnrl it wis eqiiaily aldurd to!u::po:e tnat the Avrlofany individual in tin^: (iillant part of iiis M;'jeih^ I'oini: ions could in tacfmalled degree alLtl lusfacred peiion, t.e fai-.J thf jjuiy mult be otopirdon th.it .; '; fi-ii chai:.;e w.'S iiot luiTorteii — /'.i to the lec'>i,i h;; la.d tlicre was uo prooi' li.ut die prdur.er had utLually jji^ ta aid and in;oim;.iioa to \l Li li r H ] to the King's enemieSj they had endeavoured to prove an intention to do fo bui tha was iH lufficicns to fupport this charge it was necclfary to prove that he had uttually given aid and informution — Indeed no other proof had been given but ofconverlations which took place between the prilbncr and the wuncfles the whole ot wiiich as to any defign againft this Country or of aiitiiT^ Its enemies appeared to be ahogether improbable, indeed it fhould appe^ir from one partoi Frichette, teftimony that Frichette did not be- lieve the pnionerhad any iuch delign — 1 he prifoner he faid was a native andfabjcct oi tlie United States wiiere he hed hitherto always refided but being unfortunate in trade lie was much harralled by his Creditors and for- ced to leave his heme and family to leek an Alylum in this^ country, his Creditors even nnrltud him here and this was thecaule of his taking uion himthcn^nne of i-W^— -Arrived in Canada it was tlatural for him previous tofixuu' himfclf inimv bulinefb to irquire into the ftate of the coiintry«»<. A"d what were thole inquiries ? Was there not a time when every Citizen of Quebec made the fame and all ranks here endeavoured to obtain niformd- tioii of the difpodtion of the Canadians in the dilbnt parithes — I hank God thofe inquries were now unnccefiary— however he conceived they were not move criminal in Mr. M'Lane then in any other perfon— he acknowledged the condwdof the priioner hai been very imprudent but it cerlamly was not fuch as would jellify them in convicting him of Fiigh Trea(on,he hoped therefore they would acquit the priioner on this charge allo-oooHe trulled that any omilhons of his Counlel would be fupnlied by the fupenor diicern- meMf of the Court and concluded with faying he did not doubt that iht-y woulddojufi ice and by their verdid acquit the fcveral duties which they ow^'d to the Laws the priioner and themfclves. Mr. I'ranrUui {olloxved Mr. Fyke, he faid he believed it was not ne- ccllary for him. to make any apoU-gy ror appearing in defence of the un- fcru .ate Man .it the har, as the Court had afiigned him that duty. It was an imnortant tafk, hi,t ho wcukl endeavour to perform it. He conceived fom the narrative the Frifoner had himltlf given to the Jury, that the t-ari;.aioivs in which he had been concerned, now appeared m a light very ddiereni f.om mat in which the Counfel for the prolecution had endeavoured to place thc'. Juries in England exan.incd the proofs on profecmions fo-- High l><;a'on ; lor which he appealed to the late (late trials, and imleed tiiere could not be an excels of cjuiion — i^ie concluded b\' obierving, that he etMiuIh-d the rriioiier'}^ f te to the Jiuy with confidence, — (jentlemen of tht;ir integrity and di.'ceriuneiit would doubtltis conlidcr his cafe wjtiujut pf-'judice nr bias, and he felt allured, that by acquitting the i'liJoncr, they vvooUi iatisfy ih<.ir conic. ^ncs and dii'chaige their duty lo tne cou.itry. V/iL' Attorney General — In lepiy faid. that nolwiilifranaing, the latonefb of the liour, he muit yet rccjuelt the attention of the Jury, for a Ihori tint — it was. his duty, toatieutl to wiut h;id fnlien from the Prijbner and !ii; Conn. fel, he was bcuod no", to ncgleLl whati'vcr tended to prove his C/ui!t. — N^p pait of ihe evidence on the port of t'he Crown, llood ccntioverted by the prdoner, on the contrary he bad adniiited the dif-Ferent nuxtiog.s with iliirn- ard, Cufhing, Butterheld, i'richctte and iJlack. ami even the iubitaiice of the converiations which palled between ihem — ai^d ;,t the firit bluih of tiie de- fence, it was evident, that it wi.s uodnne, for not a fingle vvitntl> had I), en calhd to fupport it — the oi>jed of the defence was to induce the Jury tohe- licvc that his views in dnad;\. were mercantile, not tnntc>o'.i^ ; but m tnis he was not coufiilent, one moment his viiit to Canada, was to cll.iblilh h;m- felf in trade, another, merely to avoid his Creditors — admitting the latter to b- the objed, wi;y did he lo otrcu le.ive Canada, when fo king as he remain- ed kvitnin tiic Province, he Wa^i free irum anell. Aduditingiiic furirer, what couid B C i6 ] Icouia liavc inducccl him (when he made the inquiries, which the different Limelics have llitcd,) to have taken them apart ? would he infrrm them I that he h^d a feci el of the utmoll importance to communicate f tluit he put il \ is life into their hands ? or would he exa6l an oath of lecrecy ? Is it a mer- Ecanlile tr.vdaaion, to tell Barnird, Cufhing, Chandonet, Buttt.heUl rnch- Ltte and i^lack, taat hi. objed is i.> excite a revolut-oa in C anada r> while 'P he makes his inquiries , he eyes not the m..cantile, but the poht.. al htuation 'of the country. Are the people well afFotled to the GoverniTirrt ? wil Itncy n-ifcin rebellion .g.i.nl th ir lawful Soverci,n ? thcfe arc h,s oucK.ons iMvhileat the fame moment, he av.,ws himhdf. to be in th. lerv.ce of the 1 Frnich Renublic--t!,.t lie is onMus way from Canada, to the Miuil er of < tv't R('pub!ic Pit lhilade'phi-.i, to acquaint him, wnh what he il.cn ktiew,. I v,iih the rcfuU (.r his relearchcs—even the v:ht to the mounia.n ot ^.on.- II treal herns no afrin-.tv to trade : it is rxamincd by htm, -ku in a omirc-.r. Clal,'bnt a mili-aiv F-i-' of vi^w.-The piopolal to dtllr.hute Laudanum V-rnLiT tne Kir=r^'s troops-ihc inanded u(c ot pike , r^o' tobe oppoied * ;;the^u;l■ccVVMd bay 'net, but appropriated, (he f.ared) for the nnore dreadful puvpofal of allalknation, the orj^an.zation of ^1^<^ """^^;" he pvopofcd to cntr.gc under ten men .i innuence^^^Wcre thee mer- cart Ic uaniaaion. ? or could .hey ho. (uppofed for a moment to have rela- tion to pcucful commerce i' the prifoner wa. aware that the paper he pro- duc^d t'> Cudiine would bear hard againil him, and attempted by an im.. Vrobabk ilorv to explain it. It was extrao,din:.:y that he d.d not even l'^oll.a the nam. of the clerk by whom he f.ys h-. honed win. e^le I tvyWrrls Cu'lu'-' nolntcuiy fvvure that it was figncd /vkI. l^ut ne w>is ::^t^ar n'unln.fi Je, f;.>r the whole of his dcf.uce was connadid^ 'dl V he wi.nen:..s lor the Crown, and ttood totally unlupported by any rvid^iH" in its f ,vor. T he priioner had attempted to account lor frequent: V mi o> "l d.lphi.~TherLion ..as obviou., it v.. the r.hdeoce ot .1 .e VrAvminilKr. He had alio attempted to acco.n. for \m various v>hrs tJcanadUhis wa. not neecdnny-He was not a«u!cd for having vi!.. Z Ca .aua once or oicencr. Mis intention to overthrow the goven.meu ^fthc cantrv, to which he came under the appearance ol an innocent Ir 'c , t'. e crir.e of which he was accuicd. The pnloner had, un. \ \t r\v Hv hr^^folf wulied to fprak in his own defence, and had .d- ^;;;:r^;; ^t w -h h. ^^^^ wouia not.have allowed. He had tlreng^h. e- d ilu- videncMorthc Crown hv wh.r he had advanced m ju iificauo. on s cor-d 'dt. Wnat hi. counlel had iaid in hi. favor wa. but hit e, but h tuvvnoi in fuch a calo, how that little had been eolkaed. It wa. hov^ever h" duty to pay as much attention to thctr ar.otnents as to tho e ot th n' oner in perion. They had endc.vonr.d to prove that the pnloner va^fn"ienrr^ if any advanta-^e could be derived f,om this tact, rney ^^11 ,e o ' • rom the Coortrnot from the jury ; wheih.r the pnloner ft le^ n atcd, !>, Irnv. from the ^ullt of tre.fm. became he wa. aa m;;: ^^ learh' apolm of law ; candour and liberaluy ought certainly to d , i^un 1 X t ial but not partiality ; the jury could not acquit a tore.gn- ^ o u'ev once that would coi.v.d a native. They had faid there was no ;^:;fVfhi:u.cuUon tokdUhc king pciIonaHy^Ue bc^^ed lo^be^un- C 17 ] I derftooi bv the jurv, he had never advanced loch an a' furd-tv • 1e r "' / ■ to wiiav he haa laid vvhcn he h.d o-e.^ed ihe cvulftu. . u w. .- ihc ^i r.i- ■ cai and not the uatuialexiilenceoltlu' Sovereign, :t vvhi. K tlu' ptiloiHr ■ had aimed. rn^y h:.d alio laid that there- w?s no |.'ioof nf h s h;tv:ng ..r cd ■ or aiudcd the enemies of tt.c King : he mcnt ontd the cales cf i-:.ris| Henry d'- la Motte, of Florence Hei.iey, William Gr anaiicn, au^ n. 1*^'^ otiheUHU-dclciiFiK.n of t'^,^'^ "'/''' V''\',,. ,^^,,^,a ludi^e then lura- t.eaU..nidclf. and coak^ .:nliy i^:*^'-^''^; J Jj jX'e.va Je^ little to n.a up the evidence, obicrv.ng he was ^^^^rj"^^^^^^^^^^^ and of b- dr..wn fto.n it i. favor c the pnloncr ,^ !^f ^^ J^^/J^^.^ t ads, Cua^ing went to eliabldh the -tn utnth ..m J^^^^'XieeV Chando'- ,.d with Icfs Itrer.gth ^^^ »^''f ^'''^ ^^^'^r^^^^^ eighth, and ,.. .nd Butterheid was pomted "f " ^^^\^^^^ ^^^^j Cu^^^^ upon^hc third, corroborated the lUtirnony S^^^"" ^^Vi iTrd dtt t f weWth, ,h.rteenth iour.h, r.i.th, tenth and ^^^^^^^^'^-J^''^"^'^^:^^^^^^ of But- a., fcurtecn-n ov.rt atb appeared to be F^ ^f ^^^^^'^^J^ ,?^,, pea^ to be terhcld, Vrichette,BUuk and Ryland ; ^;^J^^J,^^^^^^7/J^ee;r,d overt .ds. ,ny fulHc.ent ev.dencc offered in iuppe beheved by them in ^^f^ -£X ^V efi. were orweienot a vordid againlt the ,>rilonci-and ^^'^^^^"^ ';;"•''' Ij^- ,^,y behcvea the tooe belieVcd, they -'^'i ^'-^V ^" >' 7^'^,^ „? ^uT^ of tl m. charged wun.lle.and conceived iht the ''f'^^'^Z^^^^^^ ,^,.u,ll the prhoner '''^od clearly and la ..f.donyi^o^^^^ ^^ . ^^^^^ GUIL I "1 . ^ _^_j ^^j. j^H^gement, and the Pnloner h- Attorney Gfkeral move was then a Ikcdif b hadany thi.gtnC'y^J^y * euteuCe O f death fhould not I je ijion-U'CiC :1 aeaiiill hnu Lhe' laid he had ard by hi^ ^'"""^_"^/^/j' „* iriotion in drre ;u7j':d;:a:;'nt:,o„ .wo s^o...^^ .he .«-aH-j; '- a -a fz C '9 ] Triafon which tVi-y averred dH. rot extend to the cafe of the Prifoner— the Other th.V \v wa- an Aiie) and '.viis not .v rr d lo be a J.r ii.h lubjctt on the fact- of the Ind:a;n..'r.i.— 1 h's motion i.. .irrell of Juv'gvment w;.s however, after folemn ar^^ument o 'ei ru'. -d ou lK«th poinis— ai.d the Frr.oiier having nothing forth r'to off r, the U/u f yuJLce pruCtcded to pronbuuee lenience in the following svoriU ; David M'Linc. i. • , • j-n. You have be^-n ir^diaed for the crime ofH-gh Treafon, to which india. menc you plead.d n t :.u 1 y. and for your t,..ii, put you:ldf o.i Cod and the country by w'aich .. u urv vou ha^e bee-j found .^..my. You have becrl tried by a refpect.ble and iiUe'llieent Jury, many ot whom huvt h.ietoforc fcrved on the gr,.nd r-quelh Yuur trial has been attended with fuch Cir- cuTiHances of f.irncfs, opcnnefsand lenity, ^.s do not obtain in a.y country upone.rth except wt^.re the laws of Enohu.a prevail. More th.n twen- tv d-jvs hi.ve elapf.jd lince vou were acuvLnnteci w th the pa-nculars of the A ir-e brought a^ainil yo", ^^nd of the names cA the witnc.Tes to prove it, that"vn.i miaht not be lurpriicd by a iudden acculation, and migni ha e full time 'to prepare your deferce. After the fads charged were fujy Mlabhfh- ed by the verdid, your counfel hav(' b.en hrard on every obj dion that could be brou'httothe rc.:ul..rity of the proceedings ; whereas, had you been arcuted of the like crime in tht country whole government you would wifiitoimpole on this Proviace, inilead of being i.llowed a perioJ of twenty days, you might have been charged, convifted ^md executed m ■ lefs than fo many miiiates : Reil.a, therefore, whettic r you nave not been cuihy of a moll unjull attempt ngainll this government. _ It appears in evidence that you are an alien to the King^s government; notwithiimding which, you have been treated with the fame indulgence as though you had been a native (uoje61. True it is, that a treaty of amity lub- hfts between his Majclty's fubjedts and the citizens of the Umied Siates, many of whom h^^ve borne public tellimimy to the kindly otfices received from the. King's lubjeds : It is an interccu.le we wifti to cherifb, as well with public bodies as with irdividuds, cind a", it is not pioijaUe that yoa perionaily have received an ini^ii-y from this co!ony~you nave been guilty of an unprovoked attempt a^rainlt this government. HavintT heard of fo n- dillurbances that were exc.ted on account of the road Bill, you^talfely concluded that His Majclly's Canadu^n ii/o;ea^ uere dif- aft'cl'M lo government and readv to join ii a rehelion, wi.icii Nou were willing to coodud. Yoj migiic have kn^wn tn. L h is e;dv to pro- ok:- mur- murs on a hkeoccafion in t!>.t boll rtT^^ul.ied ilates ; m En,i;land uuniar d)[' contents hive taken place and fadidea asin lUi^ country, for a Ih .rtc^p'^n- ence has convinccrlthe people tlu-t the m^'aiuie wa geac'y ior tnei, bene- fit- putting conicience out of the qirdhon, as a p. u.i. at m n, you had no gro.juds to go upon. N -• on., liierctore, but a raOi at.d unprinciplrd cha- racter would h^ve qngag.:d in fo dcipcia:e an cntcrnrr/c : r.nJ no one b-ii a cruel and irhuman chinrader wou'd have projtidt-d iu:h mealures to tarry U intoexecution; ■Confidcr, then, v.-heihuyou Live not been guilty of a molt atrocious and l^nguinary atiem^'t agiunUhib ,h;overn:r, nt. ^ Perhaps you m think thai ihs 'w Lwi-.n3 i.'.vour of a fpirit of reproach— HODi'^f^i C w J far from it ; in yoar pitiable condiiian to betray fach a temper were very un^vortiiy. No— they are uttered in ihe fpirit of admonition, and that up- on this principle: Youfeemto poffefs a good underftanding : I wift, there fore, to fa(ten on your mind, the perfuafion of this manifeft truth which no- thing but the melt ^ervcrfeobdinacy can rcftft—namely r that though your defigns were mod hoftile ag^inft this government, yet you have experienced that fair trial you would not have met with in any other government under Heaven««In hopes, that when the mill of delufion (ball have difappeared, ,hc conviaion of one truth, may prepare your mind tor the adnafTion of others and fi^aliy produce thai fenfe of contrition, and remorfc, which can alone expiate your dangeroufly wicked crimes. Had your traiterous pro. jeft been carried into ex-cuiion, who is there in this numerous audience ihat would not have felt the coni'equence among his friends and rtlanons, or in his own perfon ? But as it has pleafed Providence to baffle your per- uicious deftgns, I fhall prefs this lubjetl no further. This governrntnt, which you wi(h to overthrow, has like all others provided for us lecurity asainlt thofe who wifh to dcftroy it. In the fcrutiny of oiiences it is more lenient than others, but is equally feverein the puninriment. That punifli- ment you have jullly incurred, and it would be highly uncharitable to be- cuile you with the expeaation that it will not be inlhaed. Let me, fherefore, moft ferioufly exhort you to employ the (hort time you have tolive, inlubmittingyouileUwith humiliation and ref>entance to the bu- preme Roller of all things, whofe goodnefs is equal to his power, and who, though you fufFer here, may admit you to his everlalUng mercy hereafter. That fuch mercy may be your portion, is my moft earneR prayer. ^ It remains that I ftiould discharge the painfnl duty of pronouncing the fentence of the law, which is :" That you, David M'Lane, be taken to the place from whence you came, and from thence you are to be drawn to the place of execution, where you mud be hanged by the neck, but not til ?ouaredead, foryoumuft be cut down alive and your bowels taken cut Ld burnt before your face ; then your head muit be fevered from your bo, dv, which muft be divided into four parts, and your head and quarters be at the KinE'sdifpofal ; and the Lord have mercy on your oul. The Attornev General moved, that a day Ihould be fixed for the execution-and the Court appointed Friday the 21ft day of July milant. This important Trial commenced at feven o'clock m the mori.mg, was concluded at nine in the evening, and was attended by the moft num«r. ous audience ever alfembled in C^uebec. On Friday the 2ijijuly the pri/oner (Dsivid WLzne) purfuant to his fentence, tvas taken from tht common Gaol and placed upon a hurdle, nxjhich moved in pwfolemnity to^r-rds the plare of execution, attended hy the Sheriff and Peace OJicers of thi Dijlria, a military guard of fifty men and a great multitude oj ftcaators. About a guartcr after ten the hurdle dren» up clofe to the Calloivs •''^ cre^ed * ji#r.i • ( 'i [ 21 ] triSled upon the Glacis 'without the Garrifon wall-^/h foon as itjhpt M*Lane roff up, he loas drefed in 'white linen Grave Cloaths, and wort a whiU Cap on his head. The Reverend Mr. Mountain and the Reverend Mr. Spark at- tended him 'a.id ivith then, he continued in fer^vent prayer Jor fame minutes. He then informed the executioner that he nvns ready, and nvat by him direcled U afcend the ladder 'which he immediately did^But the executioner oh/er^ving that he rwa, too high, he de/cended af.ep or tivo and then adreJjU the fpeEiators inihefollo^^ing 'words, «* This place gives me plea/are, I am n.nv going u ^here I hwve long 'wiJJted to be andycu who nonvfce me mvft all/ollozv me .. in a port time, feme of you perhaps in afe-w days^Ut this be a warning *' to you to prepare for your o^wn deaths.** Then adrejzng himfdf to the «.- * litary who were dra'wn up in a hollonv fquare about the Galloavs, he added, M You 'With arms in your hands, you are not fecure here e-oen 'with your arms, «« / am going 'where I Jhall be fecure without them." He immediately drew the cap over bis face exclaiming '« Oh God rece.i-ve my «* Sold I long to be with my Jcfus" and dropped his ha,ndktrchief as a fn;nal for the \xecutloner, 'who inflantJy turned him off^He appeared toflru.gk ivith death, but a port time. The body hung for five and t'wenty minutes and 'was then cut donvn^A Platform ivith a raifed block upon it 'was brought near the Gallo'ws, and a fire was kindUdfor executing the remainder of the ftntence. nhe head 'was cut off, and the executioner holding it up to public vie^v, proclaimed it *« the «« head of a Traitor^^o^an indfton 'was made beloiv the bread and a part of the bo'wels taken out and burnt ; the four quarters -were marked -with a knft but 'were not di'videdfrom the body. The ivhole of the execution took nb about t-wo hours and the condnB of the un- fcrtunattfuJaCT 'was in eijtry refped compofed and becoming his fituation. I FINIS. iiO^i^^r^'2'