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Tous les autres exemplaires originaux sont fiimis en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration st an tdriTiinsnt per la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — »> signifie "A SUIVRE", ie symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent 6tre film6s 6 des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est film6 d pairtir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la m6thode. 1 2 3 4 5 6 (. I 73/-1 AN ACCOUNT Ai Of A Ip]BSI LVSTITUTED BY i HENRY HAGLE, Esquire, vGAINST CERTAIN MEMBERS OP THE METHODIST EPISC<>- PAL CHURCH, FOR AN ALLEDGED TRESPASS IN RE^ MOVI?r.' A CHAPEL: AND EMBRACING THE SPBBCHES OP JOHN ROLPH, Esquire, ON THE PART OF THE DEFENDANTS; AND W. H. DRAPER, Esquire, IN REPLY, ON THE PART OF THE PLAINTIFF; A?fD THE JUDGE'S CHARGE TO THE JURY : . WITH NOTES. PUBLISHED BY SEVERAL OF THE DEFENDANTS. m ^VlLLlAM J. COATES, Pkint«r. 1831. REMARKS The lads of this case are detailed in Dr. Rolph's eloquent, unanswered, and unanswerable address to the Jury ; together with references to the most material evidences adduced in favour of the Defendants. Th-> evidence on which the prosecution rested is stated by Mr. Draper in his reply (so called,) to Dr. Rolph's defence. Much that is said in Dr. Rolph's address to the jury, deserves the par- ticular attention of Trustees of Chapels. It may be proper here to state a few circumstances connected with this case m order that it may be fully understood, as gross misrepresentations have been circulated respecting it in several public Newspapers. The plot of ground on which the Chapel was built, consists of about half an acre, part of which was given by Mr. Peter Bowman off the North West corn er of one of his lots ; the other ^ ]iart was given by Mr. Hagle off the North 'fMBk corner of his lot adjoining ^7 . Mr. Bowman's lot on the west side. When the Chapel began to be dis- (urbed in the manner described by Dr. Rolph, (under the pretence that the house belonged to Mr. Hagle, and evidently under his direct or indirect sanction, although the Defendants were not allowed to prove this fact on the trial,) the trustees consulted a Magistrate as to the propriety of removing the Chapel on the other part of the plot. Thie Magistrate advi-ed tb-^m to do so, and promised them the influence of his presence and authority, should they be necessary, to protect them from interrruption. Accordingly 30 or SO persons were iiivited to meet on a publicly appointed day for that pur. pose. They met about 10 o'clock A. M. and removed the Chapel during the day about three rods east, where it is still occupied as formerly for purpeses of religious worship. Yet strange to say, certain journalists have repre- sented that the Chapel was removed in the night, in a clandestine manner ; and the very Magistrate who promised the protection of his presence and ^ influcjnce in removing the Chapel, afterwards issued Warrants to apprehend ' ihe persons who removed it for riot!'. They were brought before his worship under circumstances too revolting to mention in this place, by a Constable, (specially sworn in) who is known to have escaped from States Prison in a neighbouring Country ; they were put to a good deal of trouble and expense, which the Magistrate required them to pay on the spot; and after all no indictment could be obtained agamst them. Since that time, it is stated that chis Magistrate has been appointed Chairmap of the Quarter Ses- sions for the District ! ! Another circumstance connected with this affair may here be mentioned. The persons who broke down the door of the Chapel and disturbed the con. gregation (as stated in Dr. Rolph's address to the jury) were complained of at the Quarter Sessions of the District and indicted for riot. But from the feeling manifested by the Magistrates on the occasion, a failure of justice was apprehended from their investigation of the case, and a writ of cer. tiorari was issued by one of the Judges of the Court of King's Bench at ■>/A connected «.ith it. Wlmt has been T '*""" °^ ^'^^ P'^P''" (at yS ants have been sued before the afores jd ^r''"'"''/ '^''^ ^'^^ -•"?>« " and have been compelJed to pay th ?e of tZ"""; °' ''' ^""'^' Sessions •ences of the rioters indicted, whom the Crown Offi''''.' '"'^ ''"' '^' '^^ trial when urged to do so bv the cL.^ P^'''" '^^<=^i"«d brin^ine to as in this manner been Z the eTptr^^^ I'T'^'^''^- «- '"S do lars. Such is the protection ZcSZ tl '7^/^^ '''"' « ''""dreci tration of justice in the Gore Distr^t has wV^'V''*^'''^- '^^^ '^^•"^nis- '-•omplaint to the Lieut. Governor and ?Lu^°'^ "^'^ "'^''^ «» subject of number of the inhabitants ryTnoX,^^^^^^^^^ by a' larg 'ts present character, which might u7uvh^ 7?^'" P'ace-^nd suchl v>vid by stating a variety of otlfer c rr^fi^ ^ '""^''^"'^ '" '=«^°"'-« f-r more '0 mention. ^ ^l^T '""'^^^'n^tanccs which we have not room In these remarks relative to Hm a. • • D^trict itis not intend:.?,^ U^r^^^^^^ f'^"^^'- - ^'- Goro be -evofive or.ix honourable excepUon/A'^' ^^'^^^'^^^ There are we It was mtended to petition the W 7 ^ "° ^^"^ '"'"^'''t/- he 'nanner in whid. the former coL?T"°'/" ''^^ «"»'J«''^ 5 b"t from ' ams of that District were rSe/aJeltn''^^^^^^^ bundled inhab ! of the Lieut. Governor upon tlTeMX^T^^^^ «'°'» the recent attack the establishment of a lmta^ch„' h "^u- ^i''''' "« ""^ ^-vourable be expected. The MethodisreTereforiT. /'°''"^^' "° ^'^'^^^ c"" inflected upon them. committirnieTcTr '"'^"^P•"«"^'y the wrongs judgeth righteously. ^ ^"^'^ ''""^o '« well.doing to Him who •.mourning ,„ „p„„j, „, £7TaZ.nty ' ° '"'' "" ""' "f ""= ™it- sai Assizes for tlir ' Crown Officer ' his not taking ipcrs (at York) ' tho complajn- Jarter Sesaions I even the ex. led bringing to One individual ind a hundred Tho adininis- Je a subject of 'y by a large '—and such is Jurs far more ave not room ■ in the Gorf> ^here ore wp ority. ct; but from ' dred inhabi. ■eccnt attack )t favourable redress can the wrongs ) Him who fone of tho r the suit-*- DR. ROLPH'S ADDRESS TO THE JURY ON THE PART OF THE DEFENDANT'S. May it please your Loiidskip : ""'"Z'STJZ'.n wiih which they have arrang.J wUa, Occasion, would wind up *e mattor, *»" °"JJ„„^„, j,o„%eem silenced, wilh a finiahing speech. At this "^'Y J""" . J.. , :» evince the richness of your expeetaUon^. Y^«",;^/^^^, '° £ lot to address you, it .s as a '''« '"^'^ '°''' ' XiK the new chan- window speculating unon tho ««»*"!,r'7„f for those treasnros delier, while many are gaping, "»'''''' '°°r« '°[JZm vou never of eloquence in reserve, l-'^'/'y/r"™ ["^ of which fame has "^dlo'm"?' t wSr iSd.'U'^ v'ain 1 1 to ask you to be -very prejudice and dispel his illusory 'It"™- ^„^ ,, ,. Esouire, cLLici, yo" have l^ard the accuser He^^y HugK Es,«ir__, who charges the defendants with removing u i e distance opinions, and "P-'y w-hM, 'jo^^^'^^ej: *^^^^^^^^^ except own conscience. Ihese are nguw "«^ „„„;__. /ub civil and reh- possibly by a few infested with a ^a^-I^f Jf ^^"^^J^ V"^^^^^ gious liberties of mankind ; rights obtained by the gloriou of our forefathers at too great an ^''P.^^J ""^^^^^^^ cor- blood to bo lightly estimated now, <>^..»»g^5/^X''o„ rnption and pusillanimity of a succeedmg age. But 50U au k h. II Hiut these abstract rights vould bo of PAr»o„ .• . ■ . •mless^e further onioned the means of cSsti'lhl'"'!^ ^'"'Ti be a very meagre concession to a body of cSSs h« \h ' ""*?"'' engage in worship, but that they should not holrfn ii -^ "!'?''' to do it ; that the/might possess^the naked ight^ witr,h " ^*"'*' ^ary means for its eujoyment : and yourcofduct would !«' "''?,"' Mnworthy and reprehensible, wcro it possiblLTr T . ^^ '''^"''"^ the claims of Christian communaics ?o hoM i? ^°".**' recognize ^hip, and yet deny to them Z consel --■ over them with impunity the rights of owncfshln^ir ..''"''".'''"'''P prove to you, that the Plaint. WTn #1, "'P' '^' tJicefore, I years agof volunfarHy par "d ti h he ZT' r"''""^^ ^^ »-«="«>' rifil't of possession, aL deibera elv v!,t«f »V"^ P'^P.^^'^y '^"^ '^'^ '.nder whose authority we removed ^thebSfldn^'r "?t'' /" °*'^""' commodation of that Christian rZrl,i, ,.^ ^'"" *^^ ^""c^ a<^- Plaintiff consecrated it "S^pn^^^^^ "'^^i^'''^^ "«° the I shall feel that I am entitled t^Cr verdTcrbv' air/r/""', ^T. ' just^ and honorable, even should Tnot receive .t^ ''"' '' ''^^^"'' Mr. Hagle, a son of the Plaintiff, called l.v til e .1 ^0 sustain his sacrilegious prosccutLn 1 J i .u"*''?' "' ^ ''•'"<^«^^- njade the premises in VestioT' a f ee .if"^^'/^"' \^^BMhf^v had To the Methodist Episcopal Church ? ^Oh . ^T 6'"' **^ ^^^om ? a confession to be exported even l.v 1 n ?k ' "t° ' ^^""^ ^"^ '°° '^'"«'- all who should choos:rp'r::!h" „^Va"s etble f.^ '' ''^^ ^'^ " '" a ri;i^ ru^pCdfifr^^^^^^^^ it v..s ^S^i :^ A-g^Srf-; -"^^^ made it public property^ bvw.n^ ^^t I""' ^ ^'^^ ^^^'^^' I^ he o^ember of that Bic,lw^srerto pit int'^^ ■^'^''''^ ""^ °^hcr hundred pounds under preTence nf r ''!•' P."''°'^ P^^^'^^t a few a more convenient spot? A ssllLr^'' ^'' '!' ""^^^ ^«'"°^«' to Law, it was a public and nn^n "®/ ® '■''"'°^''' to be contrary to ble by ind^tmem as miutl^riT ^^^1 '* ""'^h' ^e pnnisha- not th'e public, he .s not eT^jrodv ?o"r do^.^ir' "'' ''" "^^'^ '^ m his single corporation aU nr2rU I ^"^ ""^"y °^ represent ''ountry. llad TCn actuatorhv h " ^".1 congregations in the to protect the Christian putlict ^.^ ^;^""rf ^^fl«'ings moving inn. Virtuous public prosecutSr hv k '""^'''^ "S^ts. he mightf as a quest, and^^acCw^ed:;d fel^r^^^^^^ ^Vtr'^ ^--^"^ '- Vitorney General hTve r« Jill T^ ^ '^ ''^''''"'^>' °^ "'^ ^f«jest^ public wrong eSedrequirrnJ^ nuhlJ^ """"'T ''i''''' '^ «"<'h^l you hear nothing rofTirLl^.'''^^^^^ But of the publie Incited by a rnefcinary dispJSn XT ''"^*^''' ^ S'-^^t deal. OS men grow in years he boErnn?? ^[""""^ '""''^ inveterate ;- privfte aggrSim^n'l'^veJf « ^^^^^^^ l^ ^^^'-^ «^' twenty years 4o, he devoted »«?iZ nu .^^^ Y^'^'h, more than consecrated to^the servicetf his MakS*"^^^^ ^T'' ""^ ^^'•^^«^- ^^.o, says his own .on, he^/dS'S^f ;J:Snd ^^^i:^::i^?^^l 1 little value It WOUl(i they might B in which the nccos. be equally recognize "hlic wor. excrcisi.ig lerefore, J of twenty y and the in others, better ac e use the ous days ; is lawful, a witness ithcr had to whom ? too bitter gift "to It V. .JS and con. inded to . If ho ny other et a few moval to itrary to pnnisha- laglo i8 jprescnt I in the ing inm ht, as a and In. ajesty's such a i public It deal, eteratfi aim for re than forever '' years d v.pon Shame! shame! y<>r ^^f^ ^^ u tW ch ""'y " ^'^'' ^'" ' sWc. to remove the Church. tbo"ghomy J^^^^ tZr accommodation of the pubUcun^ ^^^^ , roceivinff thereby no other reworas ^j^^^ vociferate, a J vexation ^om the htig-us But wlu^e ^J^^^^^^^, "hamc, shame, and point to the r^^' ^ • j^ distorts the visage o tly be wholly insensible o t» « J'^JJ"^^^; ^ater enormity, not ot he^rtaintiffl Can they be ^m^ J^ f ^ f^,,, f,, Uie public use nrescrving it where It 13, not ot f^l"^^^^^^^ ^ civil suit, as the E he fhameless ^P^^^t^ubtCC own filthy lucre his own means of graspinji; from the public lor ^^ damages, in order f CO gift, by realizing the value ^^^^^^^l^,^ p,u„der? I would pamper the latter years «* ^^^^^^^ ^, ,i,e apologist for men who rather, were it necessa y, ^'^"l^^'^^,, ^se such a public buildmg, openly took and convoked to \-;°,, ^,^^, ^ ^CXo than stammer out a ^^^^''^'^^ ./ ,[ " ndeavors by a verdict to legaUzc the same spoliation. ^''^"^ll^^^lZ^^A out of whose grasp? out ll sacrilege. It has been r^T^^tith as little compunction as he of the crasp of a man who ^^'ould, wim ^^ ^ ^^^^^^ ow bet'rays'. have converted it into a stable, o^^^^ ..^^^ ^^.^d oi of merchandize-out of ^h^ f af'^^^ realize in money the value his prcv. seeks in hiS m«r 'fication to j^^^.^ of my clients of that' ''free gift" which '^^^ ^If^^Xudlrosev.eA for those Chr.s- ]r:^:t£^^^^-^^^'' '- upwards of twenty ^Xh at best are the ^^^^l^^.:::^:!^^"^^ ,br the father by the son. J^"VJ' V^^ „an's testimony is true. It that only a small portion of ^"'9 yo"^° • record, that this ' free Imatirr of public notoriety, and ^^ J'l'tten ^^^ exclusive •f^Mvan mide, and th'^^^^^'^'gi^' et Hero lie before me, fort.- use of the Mdhodist Episcopal ^»^^^" * eirculated m the naUy preserved, the origuial ^f^'J^';^ ^J^ ^e said to speak for vSieiO and 1BU^ These d^cun^ents^may^^ ^^^^ Jhemselves; their evKlencc <=^!^f^^,bt, with a charity honorable to of memory or want of "^"^h. ^o o , ^y^p„. Yourselves, you hope («"Vnn of this young man's evidence; you >.^„..x .. finrl a corrobora'.onof this yo « ^^j^^^,^ and con- tins young iii»" " - - thises) to tind a 7"""";" j"" .„ built '' for all prnachcvs and con- hope to find that the Chu ch was ^^^^^ ,, ^ou will, on the .xrcgations that might ^^'^ « /^J'^iy for the very uses to which coTUrary, find ^Vjat ^ w^s ^/^T^^^ of twenty years, viz: it has been applied '^oto"ously tor^ 1 Episcopal (Wh^JH^d for the ex clusive use of the Methoai ^ ^ ^-----:-^:^:;:;:, :SK .He^Mo'SJott Ss^opal Churuch and no oa.r. 8 ;•« "owleel witf^Lh L^ur^r "dtf '"'"^'"''^' »>"« ''ou^^^^^^^^^ do not. gentlemen, blamo |.im Ir Z ''" "' "''' «««'"«' h m 'low (loof foinst him? contonN of ' to be con. f which he »is opinion 'o presume Land, the 3ute. 11^ tt member ers of fhc St for the ossession, ich therr ording (o ntiff and Church, )r nearly enccs of rns of a although for the day the iiembor ' paper, icated ,- cted ap ion, in as you »y per. tifyinp elusive 3d and •n into to be lually Jmble r pro- nallv nisc8 s by 5SCS. the Sta- wns A n,«v «r.n and another nurchaso a Lot of ground ; a» i" »'•« "^iJ dX.r 111.2 d^<.m«n.o,y till. «l.ich lie g.vo >« of que ?„3. 3uv and unlca h" had i,mowh.l more honor and sood S"h.rtho P«°°nt plainliir. he would lake »n uncon,.onahlo ad. ^^1 by °oS=c.i„« fi. own «-;- "tP«;T«„'3or Ich l,i, impro.cmen«, unle.> P'«''«'''»1^5',,turc»lhot adverse poMC». t^rtrLT;:»:rr„vii^«:o^ttvr "",^:tv"o had „dv.so ,.o,,c«io„ r-,;-;y/rh;ldS.t :l!!.7a:rf.* ha°:f r^in u!^ llwenco L o,.ce. .. !::.;;re:.;rr:::;;n^^^^^^^ which character he has kept iho Key of the lioufio lor rhS/i?fop..Churc..and^^^^^^^^^ liffnever demanded the Key, nc^cr(leman » ^ j^^^ ^ii pretended any personal ^"^ "«;.7. "S'^',/; o m,t up his own fences ihe contrary dunn? the last t^^n y y«« • j'^^.P," ^ut to common the round his own fields, as to exclude and leave ^^^ ^^^^^ very piece of ground in question. In "ic SP' "8 ' cscncc of Elder ^paded Mr. Bowman to the F7JJ5'%,^;;Vn ^'t Chmcirprcscribcd ^lcase,t an old and di«»i"g"\?»'«;\,^i'"f J^^J^il? and for ,he extent of the ground °*;;;'';f^^^^,;;\^S. declaring it to U. which ho sighed, sealed, and Lxc^'o'' a wc^ , J'„,,^,.,ion .ood and valid for confcnng ^^.'^''^^'''''J'' J:^^^^ timn for the use of the Method.st ^I^^'^'^I^J^. f^'^^'^iiuin a fTw hundred lock was taken to a blackBinith '<> *'»J7""'*y^„cg that they were present and MfM made to deny the correcinosa ;ji luru ^..^.v :> I-' it ) 10 Hament, for the relief of religious societies, he admitted that ho had given a deed, and expressed his willingness to execute another deed, if he could prevail on his eons to do it, to whom he had made a con- veyance o(^ the Lot forgetting to reserve the piece of ground in question.— But, added he, you have without it a good title at all events hy possession, and referred in confirmation of that opinion to the ojectment case against Jacob Sararas.* It seems scarcely possible, and certainly not necessary, to prove in any case in a more satis- factory manner or by more conclusive circumstances an adverse possession against a plaintiff; and having in this manner acquired all the privileges incident to rights so attained, by what rules of Law or justice does the Plaintiff complain of our availing ourselves of those privileges and exercising those rights? — Or upon what new principle, yet a secret among morahsts and Lawyers, can he sustain jin action for a trespass upon his own " free gift" by those to whom he gave it ? — or irecover damages for what ho neither owned nor possessed, and with respect to whi-h he could put forward no pre- tensions of ownership or possession without sacrificing his character as ' a christian and his probity, as a man V Gentlemen ; it is not a little discreditable to the Plaintiff's case tiiatin prosecuting this action he does it in breach of good faith against his own De< j. The paper I hold in my hand is a deed signed sealed and deliverc' by the Plaintiff for the purposes therein men. tioned. By its terms the premises desciibed in it are to be held by Peter Bowman, Jacob Smith and others and their successors in office forever, " in Trust for the use of the Methodist Episcopal ('hurch, that the Ministers duly ordained according tc the rules and discipline of that Church, and now others, should preach and ex- pound God's holy word therein." Upon the faith of liiis deed, he save us possession : we took possession, and completed the church. )uring twenty years of undisputed right, this deed remained among ihe archives of the church witiiout any doubts about its validity till after the question of registry and the necessity of the removal were agitated. — It was then discovered that from their ignorance twenty years ago, of the number o£ the Lots, the whole Township being new and unsettled, the number of the adjoining Lot was inserted in place of the one intended. By the rules of Law we are forbidden to prove any thing contradicting the plain terms of the deed; a writ- ten document cannot be so varied by oral testimony. We shall not therefore, attempt to do what we know His Lordship M'ould in- terdict--But as this Plaintiff is seeking lO recover damages agamst •js, it is competent for us to show that under this deed, admitting all i ts defects, we were in good faith put into pots ssion oS the pre- * The8o feels wer« afterwards Btaled by Mr. Ryerson in evidence and not denied, or called in questicn. M.-. Ryersoa waa the Preacher in charge cf Ancawter Circuit at the time the conve-«ation referred to took place, and in tliat capacity called upon Mr. liagle to execute a deed that would not render the title 10 the land liable lo be 'juestbubd thcr deed, lade a con- ground in t all events ion to the y possible, aore t>atis. m adverse r acquired les of Law arselves of what new he sustain e to whom owned nor rd no pre. I character tiff's case good faith 3ed signed rein men- to be held criitsoTS in Episcopal rules and t and ex. deed, he e church, cd among ahdity till oval were ce twenty tiip being iserted in rbidden to ! ; a writ. We shall would in- s agamst admitting i" the pre- e and not charge ri and in tliat render the gle at that tlic ground 11 i . .-.n 1.V the Plaintiff-, and that v;e have by common con. bises in question by tue *^'^"""^' • a j^ t|,at instrument. Sheld\hem upon ^ ^^7/ ^^^^^^^^ lasur. of justice, that jiiftllv to embrace, ine i<^%"'r . .;«nt if thev des re us to as- draw a very bad character of he«^^^^^^^^^^^ ,hich was ] sume that he at the time «e<^'^^ V^J^^ intended one of two dormant for twenty y^^^'.^'^r^^d into the possession of which I things, either to eonvey he piece ot^^^^^^^^^^^ P.^^^^^ of this deed, he personally put us at ^^e time avowemy > j tg„tio„g; or, ^ however insufficient for the fulfilment of h^s non ^^^^^^ ^^ ^.^ Semust then intended dehbera^elyo^convey ay ^^^ ^ ^^^ neighbours Lot, then the P^P^^ ^.^^'ibVd'^^ Peter to en- ten?e of doing a generous ^f^^\J^ZuT^, Land he pretends to rich Paur-and this piece of ^.s °^fj^^„ ,_But I fully acquit h.m convey as his own, for ^he ^onor of reug -^^^ have subse- of any ^'^^^^ intenUons a the t.mo , the e ^^^^^^.^^^ ^„ „„. quently arisen. The y"'/^^^^, r^Jt^moer, it was too golden an op. happy dispute having »f ^n surrouSd by partisans goading him oortunity to be lost by a man surrounoea y f ^ portunity ot fnto Utigation. He now openly ^^JlH^^^Z with his enlisted availing himself of his own wrong, an^.^'jfjT^^^^^^ i^ugh those to ZtS. from the M«tl^^f ^Ejn^°^^^^^^ promptly .corn for a dilemma «"* °*^„'X .^_^ But in the place of such extricate tnem ^V ^^°''^,?^Z^niordooi^ lathing away their jeers a proposition you hear them out « "^^'^^^^ded to convey to you and taunts-«'Huh! hah! bf^jT^rhah! hah!-I only intended to the corner of my Lot No. S^^ah han . n ^ot-Hah ! hah ' cc.vey to you the «XU voufre t^f-Hah! hah!" and then hah !-"and precious welcome you are ^^^ .^ .^ ^ ^^^unate modestly asks damages £500! -J or my of taking an m- Uiing th'at the Plaintiff ^ ^^^^^^eed, by th^^^^^^^^^ they have ac- iurious ;vJvantago of a flaw »« ^is deed oy ^^^^^ quired by an adverse possession tor upwarasoi J J ^ ^^^^h an *^"lt mult obviously be ve'X ^^ffijlt for any^^^^^^^ accumulation of circumstances and presu^^^^^ ^^ a hopeless and equity of his suit ; ^"^^^»l^^"^;f J^"^^^^^^^ for aid from the prolific undertaking, had not the ^^ J^f/|^'"J^;;' ^ ^as necessary for the memory of his Son. Jo «"^;^'";^^^^^^^^^^ property upon which Plaintiff to prove b»mself in p^session ^ |;^^e ^ny man in the tresspass i. alleged-ad.fficuUy enough P^^^^^ ^ such a case, except a lawyer. Now the '^ ^^^ ^ooks, suffici. regular payment of taxes on Land is, accor g ^^^^^ .^ ^^^ ^^^^^ I 12 I . , il I 1 for father, and always paid the taxes on the piece of ground in ques. tion." His Majesty's learned Attorney General undertook the Her- culean task of extracting the truth out of him, and his extracting powers are great indeed — but it was all in vain. Did you pay the taxes on these particular rods of ground / To be sure. Do you mean to swear that at each particular time you paid the taxes gene- rally on your father's land, you intended to pay the taxes on this little jpot? To be sure. And you moan to swear that it was at the time passing in your mind and was a distinct part of your purpose i To be sure — Do you think I wanted to cheat the treasury. Gen- tlemen, it is your province to decide whether this witness is entitled to credit ; I feel it myself impossible to believe him. In almost his first breath he stated that his father had made it a " free gift" to all churches — and in a little while he declares that he paid the taxes to keep adverse possession of what he had given away ! With one hand ho made a " free gift," and with the other hand he cunningly paid a few cents of annual taxes in order secretly to defeat his own donation, though consecrated to the service of his Maker ! Either the Plan- tiff has been guilty of this kind of almost impious duplicity, or the facts sworn to for the father by the son cannot be true. With scru- pilous honesty he swears he paid these few cents of taxes not to cheat the treasury. But while ho stretched at the mite he swallowed a Camel ; for his honesty did not stretch far enough to pay also the taxes on the House erected on the ground ? His honesty constrained him to pay taxes on the burial ground, but not to pay a far heavier tax for the house standing among the tombs ! His honesty led him to pay a pitiful, almost incalculable bit of a tax upon the graves of the dead, while to use his own language, he forgot not to cheat the Trea- sury out of what he might have paid for the existing accommodation for the living — conscience made him pay a small tax for the church yard, but nothing for the church ! But let us leave his evidence — his Father would sacrifice all his farm, could he rccal the scene he witnessed in the examination of his son — and the son might well sacrifice all his inheritance could he obliterate from his memory what must embitter his recollection until it shaTll be forgotten. Let us, gentlemen, pause for a moment before we enquire farther into the facts and merits of the case, and review it as it now appears before you. On the 00th of April, 1810, the PlanlifTmado «« a free gift" of the premises in trust for the exclusive use of the Methodist Episcopal church, and confirmed that gifl in those terms by a deed, upon the faith of which, (however erroneous it has since been discovered to be) the donors entered ; and they continued with the knowledge and without the interdiction of the Plaintiff, in the exclusive use, posses- sion and ownership of this *' free gift" from the time of the donation up to the removal, a period of upwards of twenty years ; after the lapse of which time the defendants by the authority of the owners, to whom the Plaintiff had made it a " free gift" entered and removed the building only the distance of a few yards for the more peaceable 3 extracting rou pay the e. Do you taxes gene- xes on this t was at the ur purpose i y. Gen. is is entitled n almost his gift" to all the taxes to ith one hand ingly paid u vn donation, er the Plan- icity, or the With scru. axes not to } swallowed pay also the constrained far heavier :sty led him raves of the It the Trea- omraodation the church evidence — il the scene I might well lis memory trgotten. juire farther low appearfei gift" of the t Episcopal id, upon the scovered to )wledge and use, posses-- the donation i; after the e owners, to nd removed e peaceable vearstnger, had Li certaij. P^'f"' Xbe Plaiauffio a ve«L..«u= ITZa seceded from th.s f 1"^''' *"f\trriehl he had confofred, and uLLs dispute for the sub.emon of he n|n bestowed- &eresaS.ps;onof.he"freeg.f he ha ,^^, ;„ i„g„„„ce, a^3 These persons; but few in '"""'° ,, ' " „,i.man of the name of R>- chuTch property, or to efoj«^«j^*l'^^^^^^ ,iembers of the church were their own, or they had "oj ^^^^f ^^J enjoyed any property up^ which it belonged. Men ^vbo have long ^J.>^^^^^ ^^^ sentiments on certain grounds of nghtcanno^^^^^^^^ that enjoyment even when of honor and christian integrity, surrenuc forfeited.- rh "grounds of right have by their^^ Thei seceders might have continued m I„d shared its christian P^^'Vi^f^^^geWenpon trivial distinctions mo from that church an^;"^f ^^^^"^'^^j^/^Pf original subscribers. On this were enlisted m the character oiong. ^ ^ q^,^^^\, nimsy ground pretences were put. forwads^^^ ^ ^^j,^^^ .lisci,,line or chnstian t ^^^^^^^^^^^ religious exet- „ot. For this pui. : - "P;"JXdUh irreverent and noisy de- c;s3S the congregation was d'S'"rbed ^^^ . ^^^^ ^^^ ^^, porlment. They would g.^^her about l^ stove, ^^ ^^^^ k.or, mock the ^^l^^''^^.:2!''^X^\X<^T^^^ >vHhin their seats appropriated to t'^'':"^^'Xwit ha request to see their pretty tr^^'Thi ::;:tr«^ IG was not surprising tlmt Mr. Justice " the Hagic, wrong i I the Plaintiff, could not, to the groat' encoiiragcnrjent of tlie wrong doers, find any Law against it in his Burn's Justice of the Peace, although he declared ha had thumbed over the pages of every volume to make the discovery ; and yet amidst the mortification from his disappointment in this book of authority, he was never heard or known to manifest his influence as a Magistrate or as a christian or as a man foi' the suppression of these disgraceful abuses. On the contrary, I am instructed to prove — and if the opposite Counsel will open the door of inquiry as wide as I now freely open it to them, I will prove the Plaintift" lent these disturbers his contonance and support. The disturbances in the Meeting House already mentioned, could he only opposed by the importunate solicitations of the minister of- ficiating at the time : but even this course proved itself not without its hazard. On one such occasion the Rev. Mr. Griflis, distressed by the interruption of these disturbers gathering in rude and noisv throng about the stove in tae central area while he was exhorting tin; congregation from the communion table, advanced personally to tlic scene of misconduct to remonstrate against it. In making his way among them as a crowd, he unavoidably came in contact with many, until reaching the nucleus of the disorder, his presence and appeal procured a temporary silence and decorum. Pleased with the rc- «troration of a transcient quiet, he little thought that the calm was only the prelude to a storm to be gathered, matured and directed un- der the auspices of Mr. Justice Hagle. One of the throng named Smith was seJected to make an oath before this Worshipful keeper of the Peace that the Rev. Mr. Griffis on the occasion aforesaid while making his way through the crowd committed against him an assault and battery ! A warrant was forthwith made out and put into the hands of Mr. Constable Winters for very faithful execution. The Kev. Gentleman on Sunday night about 2 o'clock was awakened from his sleep in the Town of Hamilton by a tap on his shoulder in- forming him that he was " a prisoner in the name of the King." In the custody of the constable ho retraced his steps in the nigiit to his place of residence within sight of the Magistrate's domain where he would have been found at breakfast time, had not his ar- rival been anticipated at Hamilton, a distance of several miles, as an ad^ditional source of expence and insult. About 5 o'clock in the morning the constable arrived with his prisoner at Mr. Bowman's, in whose hospitable House I happened to have passed the night. Al- though sorry for the occasion requiring it, I was happy to tender any advice or assistance in my power. And of course I advised the Rev. Mr. GriflSs to accompany Mr. Peter Bowman and Mr. Philip Spaun as two good substantia! freeholders, to Mr. Justice Hagle's, a distance of only a few rods, and put in bail before him to answer the complaint. We were not a little surprised to be informed by Mr. Constable Wintel» that they woujd do no such thing ; that he was insti^icted by his worship not to J)ring him there but to take the prisoner to Ancaster, a distance of several miles, where with the bs« 17 r'"{J:'^^'C^^^^< '»* "••"' "its e Sltlc per. disturbers ot ^"^ « . p y. nr soncr. 1^" ""S. " ^^ocution,! wnp .nd triumph ^^v'^'',; ^"^ J^Vd I carry hin orders '"^;/^''Xth;reforo »-P« ^^^'Id iV'poB^^" to stop this P<^">' 7X3 tl- ^'-^^^'^^ ^^ drtcrmined, It P'f ^ ' ^.^r custody, and in*"^"™^^..' ^ j^e might ac ,ook the P"«°"«' "'^ait upon tl.c !\;agisirate to ^^^" f^^^.^^^r, and o"rdctcr..n»at.onto -aa uj^^^^^^ we were at tj^« '' »^ ;tok him Vy rompany us. »"/ ';,^,,es into his presence ^^cjcauy ^^^^„ ^^^ dered the gentlemen I haven ^.^ i^.^ent, ^^J^J^^f ^^^^^. ,^^ ,,eover from the pan Q ot ^^^^^^^^^ ^ ""^ff invective ,nd a"-"g^"S; l?/pSnertobail.on;y "f.^^ " - i^msolf as a -:- r;.:^ t:ir .; -i^^ -^i^^i^ta?:^^^^ j^ -a Should have left ^'^ «^7 ; g.^ton in prc«^^y'"S ^''^',^^^ more man:-. On another occasion t» « ^ ^^^ry week more and m bv physical force ; ^^^^^^^y under the a>i-P»ces oUh^ ^^^^ fo.t^ that there v,' as a -^^^^^^^ congregation 30 much ^^ y^^^,, and his parlizan!^ to annoy ^f violence fj"" "'e a » Jiem n/-^- f revC; countenanced l>yj^^^;^^ g^hout him a ruont of this ^"j' ^hey^^^^^^ ,o his ^vorshlp. Co^>«^^ ^j^^^j House ,,^,ois asortot ^*^«P;^ before the •^'^PT .f/i,Uo\vin2 sermon in number of these d'^;"/i'ff^„^ ;>, ,hreshho d t^f/^X^^lif I build • in question, he Pf^^^^^Jj^^^. . Dear beloved beUi en .^_.^ ^^ ,hc hearing of M. . «ov^m ^ ^^^ ^^ ^, n kc nu ^^.j,^^ ri^ihips 1...0 .'^°,^f;Sf aU kinds of tap-ty. ^^, „„„ .„d more daring «'* '^^'^VtoSne service, "Jf P^f^^'pFvhich coUccted and were engaged m^_^^ hiimatone, .J* ^"S », ,„ en- ♦K*> o^ren of th«s neavou =•"- were so reuiGiy u"""- 'tvTevery «f ""'v^^f .« e«ld '" *« "»*>""«• '?"'"'• danger BuffocRtion before «>'» ^, 18 Amidst sucli scenes it became impossible (o engage in divine worship ; and no present remedy proved of any avail. Thus insul- ted and disturbed in their Jong enjoyed peaceable possession of the building, with the Plaintiff at hand as a Magistrate to issue his war- rant against whomsoever should lay a little finger upon the rioters, and with his Chaplain to preach the doctrine of breaking down church doors, and with worthless partizans to fume them out with brimstone in the midst of service, it surely is as excusable as it was necessary and lawful for them to determine upon the removal of the building to an adjoining spot of ground, for which they could at once obtain a good deed, with the advantage of putting it on record under the ijito Statute, and thereby arm the trustees with those legal powers necessary for the protection of the property and their enjoyment of it. It has been done ; and from that day up to the present the con- gregation has exercised their religious duties in it without distur- bance, and were it otherwise, the Trustees appointed under a deed duly recorded according to the Statute are now armed with power to pursue any legal remedy ; while they still hold the other piece of ground as a burial place. In thus exercising an act of ownership over their own " free gift," they have only exercised a legal right , and in exercising that right for the purpose of -preserving to a christian congregation the peaceful occupation of it for the worship of God, they only discharged a moral duty. For which of these acts can t'ac defendants be apprehensive of your verdict ? For which of ♦hem can the Plaintiff expect your vindictive damages? Gentlemen ; so strong, after much consideration of the subject, is my own conviction that the qonduct of the defendatits is lawful and right, that I should not have trespassed so long upon your indulgence, were I not aware of the exertions made on the part of the prosecu- tion, and did I not feel the importance to every christian community of ressly for the exclusive use of the Methodist Episcopal Church ; you will find that the Plaintiff put the claimants into possession and assisted in pointing out the abuttments ; that afterwards in order fufther to ratify his "free gift," he signed, sealed and executed a deed of the premises, by virtue of which deed (however erroneous it has to all parties since proved to be) the grantor gave, and the grantee received possession ; and that from the date of the deed, the SOIh of April 1910, up to the present time, they have continued in the possession, keeping and claiming to hold as of their own right, exorcising during all that time contmued acts of exclusive owner- aiup adverse to the. piaintin, and to every one else, with the full kai4yleii!|ge, the (daily view and without the slightest interdiction of the ntintiff; that the Plaintiff has moreover [repeatedly acknowledg. e^ "l«"r^;ia even bar an action lot prevent his f^^f^^'^^^^^ „f ^ Title that would «;«" ^ ^^i.^ fron. the «' free ^^'^J^lXr. in order to /e^'^v^^^^^" as unlawful and an of ejectment, the ow acknowledge ^^J^l^ ,; jafuUy and 'With »"'=>>'' f^bv"! that is lawful a"-* {."' -rj^i 'vhich y»" fled to your vetd.ct by a»„ ,^, „.„e of that duty cUim it from V"" '" '^"J' °„u„t,y and your God. Awe to voutsolvcs, jour cou , „Uiiene» «»" sation. at different times, question. .-s^!^ — ""^ r.aa . W II. DRAPER. Es«»"««' ADDRESS OF W. 11. TO THE JVRY, - ,. O. TUB PA.T or TUB PI.MNT,rP. IN KBPLV , fe» ore="^Hr.rrrtur:^^^^^^^^^^ My remarks shall be a br'et » ^^ _,^j „ "^Ltot th« "»«"' ' ^'SM'^^Si"*^"^^ ^^o,T" ^'tis^c 20 fraJiction, if nntfiio, and wliicli !•?, I tliiuk, one of tlic most unequi- vocal proofs of possession and claim of ownciship, was also estab- lished — namely, that for upwards of twenty years, the Plainliff has paid the taxes on this lot, including the identical portion of it now in dispute. Great pains were taken by the learned Attorney General, to shake tliis evidence, and failinfr in that, equal ingenuity was exerted ii endeavouring to turn it into ridicule, on account of the smalluess of the tax actually paid. It is fortunate for us, gentlemen, that our taxes arc light, and I think it hardly fair to endeavour to weaken our cause, by asserting that the payment of taxes so light is not a matter worthy of consideration, as shewing an act of ownership and a claim of possession. Light as arc our taxes, I have never found thofc who were willing to pay more than the law required for their own property, still less those who were willing to pay for that which thoy had no claim to \<1iatever. Indeed the earnestness which was shewn to make this act appear trifling and indiflerent, shews strongly thai the Defendants' Counsel viewed it ns of much consequence, or, they must admit, that they wasted much time in remarking on it. If it had been indeed only the shadow of a shade, the straw at which a drown- ing man caught to save himself, I scarce think the learned Counsel wlio addressed you, would have labored so hard to destroy the char- acter and testimony of the witness who proved it ? or have asserted that whatever credit others might give to that witness, " he did not helieve him ?" Surely the learned Counsel could not feci his duty imperatively calling on him to charge an apparently respectable wit. ness with wilful perjury if the fact sworn to was of no consequence to the cause ? And if the importance of the fact was felt something more strong than the opinion of that learned gentleman, however lorcibly expressed, is necessary, ere you, or any jury, will arrive at t!ie conclusion wished for. The evidence shewing ihe trcsj)asH com- mitted was equally clear and satisfactory ; so much so indeed, that the opposite party, after we had fully proved if, with a generosity peculiar to themselves, and for which I beg to lender the thanks • equally sincere, candidly admitted it. The admission does them vast honor, and is of a piece with the whole tenor of their conduct in the cause. They will admit the truth when we have driven them from every subterfuge, as they will doubtless give us satisfaction when your verdict and the judgment of the Court compel them- We proved as founding a claim to damages — the value of the building taken away. On the general question of damages I desire the liberty of oflTering some observations beforf i conclude. Our case thus established, let us next enquire what answer they make. And here I must«emark that the grounds of defence taken bv the Defendants' Counsel, and the evidence which thfey have been advised to offer, differ materially. it la i&nrOtii 10/ intoiiiiuuj Baudot yOua aaiv6| guiiuSmcu, i Sm uuppy that 1 do tiqt feel it necessary, to follow the learned Counsel through- out his olo:iuent address. The polished irony which was aimed at myself, I feel it tjnnecessary to answer, as I am quite sure, you will try and 4i^terraiDe this case by the immutable principl«s of truth and msticc, and no Vido; undwer ,ny own mfci there is an«7 there is anoth I shall, howe observations- matter to sup to ft large pa hcsitalcd to ,)f practice » as mine) nii cessary »ntr question in rior to that- inry, w*"^^ allowed to excuse hm believe be a. dcviatioi aiion occr \)ack. ^^ expected It may particula advert tc D. entci marked a deed ircspasi contest the ad (Widen icrestf sougl»* foUow I c Coun Episi tack! cum part occi ont deti wo> to' ur M n eilliP^ . .ol bv the respective talc.»tsoni>J ^^ ,i ,,yg,, •uisticc, and not oy \" . « centlenicn, I sno . ,rouu»i. »^^ •* i„ and wcrovt others >8C,B jjj„j o,i thai „ ^ ^^ua ., there la "»" r,,„\ hardy u mv.y "n - ; • which was ni^^^- ■, I shall, however ^.o^i^a^^ ^y ^, ^^r.e part o* wh'^^ ,,idence and a ccssary inwo*^" tion, because I '^'^J"^ ..i„g siatemeuts o !11 nn in issue— and nexi' ^^^^ ^f """ , «.w\ wou\>l uul »"^ ^".^I'^hat-shall I ca i^ he was not V^e.^'tLTuZ, ^ «"I>^>"1?; » \ft new 1 e -as not P-L^j-jf „',« '^.st, I ^VVO^;^ _ K'li-rt trtC tl rior to that- iecM'O"- '"''rtnd next, that »«}^„g «»■»« "• *f "; .0 forth on this recoru . ^^- ^ ^^g^ee »»;;-- f^t these a««?X' be'created woald, in FJ nnaaawered, a* "*®!v J„oortttmty o^ *** J?,v!f Wealeya" ivlethodista. i»^"' 22 fa for tltc dofonce, sonio nntteru were elicited which, coupled wiih the terms of the Deed produced hy I ho DofenduntH, puve us n tolor- ubly fair insight into the pround;) of difl'ercnco niul division. 'J'i>r> rflferonco and tiubniisMion to tiio Conference in the United Htntcs, to which the wuintiy advisers and inciters of these present Dofendantn feonn to have clung, for what reason they host know, and which 1 can scarce holievc, notwiihslnndin;: Uieir assfcrtioua to tho contrary, i J yet dissolved, (or why has the Canndisn ('onferencu no Bishop) lias been tho ground work of didicully ; and because the Canadian Weslcyan i>[elliodisis, wiih a truly Krilish feeling, repudiated the right of a Foreign priesthood in their Church, and denied that a Bi. sliop, tlio subject of and dweller iu another land, should exercise control and iuiluenee ovponeti!s, and inMifed as if, instead of holding the same failh, be- I fning ill the same S.iviour, and worshipping tho same (Jod, they l.ad been boat bona and atheists. History tells us that there was but • lie Monarcli who tilled the British throne — tho cowardly and tyran- nical Jolm — who even Kulmutted to such a principle, or even recog. liized t;,i h an iuffrferenee ; and it is cqu.illy well known that bis siibjects were against him, and that none of his successors have ever yielded as he did. Yet because so finti-Brilish n feeling and princi- | t 'ivd not kept tiiem out of sight, with the true spirit of dominant bigotry, advised llio outrage which forms the subject of this ac . ! .atructod I lie Counsel who addressed you on the defence, to make a covert bit virulent attack on innocent and unoffending men. It is useless l'» Hiiy, at this sta^e of the cause, that noihing but the question of ir. apas^i or no trespass, between the parties on the record, is at issue. 'i'\k^)ie if nrjre ; the Defendants have disclosed that they are seeking (o ley t.its question l)et.ve(ui these secret advisors and pastors, nnd i oSf' u on Uicy have assailed — that they are endeavoring to cstab. lisH £>y vour verdict, gentlemen, that they may, with impunity, lake tho 1 tw into their own hands, and not confining themselves to this particuliir case, assert a right by force to every Methodist meeting houstj in the country ! 'i'hink, gentlemen, what might, nay must have been 1 ho result, had they been met in the same spirit which they came ! Think that if instead of a mere verbal prohibition, ex- pressed in a lone and dictated in a spirit far more consistent with Christianity than that of these saintly hypocrites, force, had been opposeil to force, and strength to sJrangth ! If «o, who can doubt but that the iiiORt disastrous consequonceii must have followed, and that instead of trj-ing an oction for dainigns occasioned by the conduct of the defen.tantf, you might have been even now impnnr^ted to try those men as prisonfsrs in yonder dock ar- raitfnod f4>r human bloodshed ! And yet. thouvh the verv arantlenaaf and mpde- ration of the PlaintiiT prevented all this,' they have with a^topbislry, (I bad ai- most called devilish,) sought to avail themselves of the spirit of peace in which he ^cted, as a proof of their owi) moderation. Vcs, they h«ve had the impa. uuoc 10 ll'< I". ^'^ H.uiy to 1 Miiovo I Waa it il' '^ ^'"^ ' t*ncc, and their Away with tUo iiiiUod no violeii livta by ono act eii. Ono uinivi ;uul on atloiapt in whicli they » ncM« and !"«"'> 1 regret, u<) vour verdict it via.lcd lh«- P"' wlio, Crcnund ,nt thi:t" ''^p' aclora. winl" Unt, then, Ui raveiioua wo „akewnB, tare u htUo «- ,,rit though not m^^V^ rcl>gion--lca.lony «,,,, STANCE OF Mp- J»J^^ i . . y^j Qcclaration, '^vL now rilen^^vA\2u-. argu. ' :» »• ..'^1116 meriia of lUe ^««- ,-? 24 ' .■^ 1 .1 « «rft,.n,lc rtf their defence. They admit the fee simple of the Counsel ^ll^f^^""^'^^^^^ at one time in the Plaintiff, by virtue oTa Derd f m ne'B'witn tlirgrantee of the Crown ; but they say the ?,i ^ t^ff nftnT-^nrds conveyed it to certain Trustees lor the use of the M^lfnlt Srcopal SirXin th.« Province, which Tr-.tstees entered and ^^ r«^l Hie dS sea and that the present Trustees, claiming from the ffinic X eS the Defendants tS remove the building I certan, ly SlT the P!a ntiff originally intended to convey the land in (luestion to the first Mstees bui the r Jd Slid on the part of the Defendants dees not support the a St?an The Plaintiff, it seims, has conveyed to the first Trustees n nartol- the adjoining lot, which he did not own. This, I dare say, was a m stake, bu? this Court cannot rectify it ; and, viewmg the conveyance ;cSin