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ON THE 10th DAY OF JULY, 1862. ■>-♦^- PRINTED FOR THE PUBUSITER 3Y JOHN WII.S 18 6 2. li aXi 'm mfum V i 1 ;is iTHE TRIAL, CONVICTION SENTENCE AND EXECUTION OF J''^^ '-a¥ p^JBAWUf a Private in Her Majesty's 16thSegt< Tiai .CSn!?C/ut 1 o'clock on the Morning of Thursday Vf.;lOth of July 1862, the officers and soldiers 1 Honging to the i6tb Regiment of foot, stationed .' i^tbe MoJson Barracks, Quebec Suburbs of Mon- f ^^^Nl» were thrown into a state of the greatest ex- iJHwnient and alarm, by the report that a Sergeant '^Iwthe regiment had been shot, and an attempt made at stabbing one of the privates, by a soldier 1 belonging to No. 5 Company, while his comrades I were asleep in the Bari'ack-room. The sensation Boqn spread to the street, especially when it was known that the victim was dead and the assassin ir|eu8tody, — having admitted and boasted of the <1<|^. The military authorities were no sooner ^re of the horrible facts of the case, than com- lication was made by them to Mr. Coroner b, who at 10 o'clock the same morning sum- jed a highly respectable and intelligent Jury, ana, at the Military Hospital, where deceased was lying, commenced holding THE INQDEST. The prisoner when brought into the room ap- licaired about 5 feet 7 inches in height, light hair- ed, add wore a heavy brown moustache. His face had a red weather-beaten tinge, and the features were not unpleasant when in repose; his hands -trembled violently, and he seemed to be nervous ha if from the effects of a debauch, or great terror. TJtberwise, he looked indifferent at the awful po- sition in which he was placed, his eyes were sel- dom lifted from the ground, and he displayed throughout a sullen apathy which seemed to ar- jue the absence of all hope ; he was dressed in a :loage, the fatigue coat of the regiment, instead of the military jacket ; appearing in fact in the fiam>e attire he had on, when the murder was committed. The Jury being sworn proceeded to -•--.TT vu;--,- ;."j-jj, miu ail iiiu uppcuruiic'o;} UJ lUU ffbaslly crime connected >Vith it : deceased iCok- H- ed very little older than the prisoner who had taken his life : his face bore traces of severe aaf- feting and the wounds in the abdomen and lefk side, deponed to hereafter, were distinctly visible. The Coroner having ordered Dr. Ferguson, the regimental Surgeon, assisted by Dr. Robillard, an M.D. of this city to make a post mortem ex- amination, and having heard the evidence of the witnesses brought forward, the Jury returned a verdict of wilful murder against Mawn, and h« was handed over to the civil authorities to await his trial at the then ensuing term of the Court of Queen's Bench. THE FUNERAL of deceased took place on Saturday aifternoon, about half-past 2 o'clock. The body was laid in a handsome coffin upon which a silver plate told his name and age. The coffin was borne out of the Hospital tj four men of the 16th, and placed on one of the guns of the Armstrong Battefy, which was drawn by six greys. The procession then started along St. Mary Street. First came the firing party, taken from the fifth cotnpany of the 16th, with reversed arms, next came lh6 Band playing the Dead March, then the gun-carriage and coffin, on which were plafced thfe accoutre- ments of deceased. After that came the whole battalion of the 16th, ex«:-,ept two compAtiles that were out of the city, followed by the li6n-cora- missioned officers of the 47th, Scots F'osilier Guards, Grenadier Guard?, Royal Artillei^, Sec, and last of all the Officers of the 16th Regiment. The procession proceeded along .Notre Dame And Great St. James Streets up Beaver Hall HiU,atad thence to the Roman Catholic Cemetery, on the Cote de Neiges Road. The men of the 16th wo*a( crape tied with 'w^hite on their sleeves, but apart fiom the outward signs of mourning, there #teB that iu their faces and luOk^ wulc'ii proved that the grief Was feineerc. The procMilOn *P«« A THE TRIAL, CONVICTIOX, SENTENCE, AND big ily impiesflive one, and the n.elunclioly music of the band lieightened the efffct pioduced on the epectator. It was said thai when liio untb. tiinate Mawn, fiom his phice of confinement, heard the noted ot tlie band as the coi lege bi-gan to move a total chan-e came over him ; the feelinirs of UiJ man were stronper than the self-contiol of the ciiuiinal, and be wept L'ttorly. The Court of Queen's Jiench (C.iminal side.) commenced on the i!4lh September, and tho nris- orier Mawn was among the first arraigned. rheir Honors J udge Mondtlel and Assistant Judge Uerthelot, presided, and the prisone. pleaded nut ouiLTVtoiheUidictnient pefe^.ed against hun At the same time, on being questioned by liie n.e- Biding Judge, he stated he had no cuuiu^ei and no means to pay foi one, and the Court at' once assigned as Counsel on his behalf Mr. iJurdoch Monson, a barrister of many years standing, and I who It will be seen from liie report, duriu-r t!ie ! whole ol the trial, with an ene.gy and pe. sever- I ance which is desei ving of all p.aise, stood by I Lis untortunate client, and did all that human I ^eif «.i„. . ---- — -"•) "">4 uiu Hu iimi Human talent and piofessional skill could do, to obtain trom the Jury if not an absolute acquittal, at loasl H verdict lor a lesser oftence than the capital ci ime Thrice was the prisoner set at the bar to take his Vnl V i"*-' I'^r'"^!"''"' ^''"""'' ^^'''" P'osecuied on behalf ot the down, having consented to hi-^ being tried by an English speaking Jury, not un- til two supplementary panels had been oidured to be summoned by the She. iff. was the lequired number ot twelve good men and true, put iruo the Los and sworn. This was on Wednesday the 9lh October, Justices Mondelet and Be. thelot. as be- fore being on the Bench, Mr. Solicitor Gene.al Abbott, Q. C, for the Crown, and Mr. M Morison, tor the prisoner. The following were sworn as THE JUUY John Courtenay, William Cunningham, James Conway, Peter Clarke, Daniel Courtenay, WiU ham Cook Patrick Corrigan. Michael cirbitt James (.ollins, John Cox, James Carroll, and James Donovan. ' All the witnesses ^except the Medical) were ordered out of Court. y "cn. The Solicitor General stated the case to thtj Jury very shorily and with g.eat moderation lie expatiated upon the enormity of the offence upon the responsibiiiiy of the Jury; and st«,ej tjhe conclusive evidence of guilt it would be Lis duty to submit to them. He then called Martin Judge, private in the 16th Regt •- r.new the late Sergeant Quinn ; knows thi pri- ■^er; s ept in ilie same room with them in the Molson College Barraeks, on the night of the 9th Julylac^l; my bed was between ten and twelve yards distant horn that occupied by deceased ; remember his death ; it occurred between the- i Lours of 2 and 1 a.m. ; he was killed by a mus- j ^et ball to the best ot my opinion ; heard the report ot a shot which wni o me fro— d ' - - , .,"'"■" "^'^ 'i^/iu iiiv Sleep : i I sat up m my led, and looked in the direction I beody ; the muzzle pointed towards tie de- ceasea Sergeant; heard deceased bing out "I'm , »iiot, Imshut;" saw prisoner going to the left I about and fixing his bayonet on the muJiit-.of j the rifle; prisoner was in his fatigue JB^-^ifiig I 'H.ots, blue trousers, and a white fatigueVmock |"»; be had no forage capon nor belt; he an- j pearetJ to cany his bayonet under ttstj^irm • j saw pris.;ner advance his aims and IHE^as- |J;Usbed; he advanced towards LaffP^rbon>l : -'U'^lit-b cot ; he came towards wlitrc 1 Jui.until I he came to the second cot'oQ' F valeConnolIy'H I tht I fixe I cove re I he went to^he thlid orfouVth'^cot f,"^ ,ne: ni I was no» walking fast ; he was goin? in the diWc- or^ of the door; the uGU cot he reached was tl.atot Private John Connell, at whom he n a4e and tooK hold of the socket of the bavonet and uie prisoner; Connell was in his Led, but had Ins eye on prisoner after tlie rcjiort of ihe gun • 3aw prisoner and Connell struggle together fo? aoout a couple of minutes ; the latter called out tor assistance ; I went to his assistance; prisoner jSiruggledwith us for a couple of minutes ; we elled the prisoner to the boaids, .ind I called out or more assistance; one or two men came, but I could not tell who they wiVe ; we kept the pri- soner till he was taken awav by an escort of the regimental guard ; saw the prisoner's accoutre- me.its— his belt and poi.ch over his bed ; ivery soldier has his military accoutrements hung up over his bed; the rifle stands in the arm rack beside every man's cot ; saw the Sergeant of the guard examine prisoner's pouch ; there were two rounds of ball ammunition deHcient from his I'oiicJi ; 1 mean by this bull cartridges ; the rifle , and bayonet were gone ; saw a bullet picktd uu • ; went to deceas. d's bed to ser him ; the doctor , was there ; looked at the bed and saw where the I bullet had gone through the bed and bedding • tlie bullet was between deceased's bed and the vyall, in the corner; it was on the right hand '^ slighLf/dtiuld." '"""''^^ '"' • '^' '''''''' ^«« Joseph Jones, Coroner of the District- R^. ] members holdunr an inquest on tiie body of Ser- geautQuMin, it was on the lOih July last- I Hare m my possession a bullet tuat was 'produced at that inquest; (witness exhibits the bullet in nf^l'r^iV!.^ "■*' ^'^"'^^*^ '"™ ^y Aojutant Stabb ot the Ibth; witness also pioduced a cartridge he received from 'he same officer. J«ag3, te-cailed :,_TLe bullet shown roe i» that 1 saw found : ft ^as dented in the same « .tl way remc i M tice some ti No. 5 Conn prisoner w drunk alb:) or eight da Sergeant, \ for being di the 20th, at dec was cc pany retnr we had 20 served out ten rounds ness shows the court f packages ( been taker he went t body was he was no deceased •, Cross-e: regiment ; first met drunk at i once driiti drunk lik( Boner dru and then was drunl ber , don' fevr night on that e I saw pri sitting room ; sa was the ( •with bis the nigh I but I wo aoner's « the time aoner sc when a Lang'ng Re-exi % room on ofliqi'oi saw hin speak w pearanc Ib.quor; r knew w ' The( Upon John the firs and kn shot; ^ room ; tween iOih J' put " ) •■w m BXEOUTION OF JOHN MAWS. V the jiri- lirm's cot, lit a ynrd (le c»r left the head ; ; he had a i:dsii cross 8 tl-s de- out "J'ln > the left lie smock jintil fri- to f^still HJid d till . lie lie direc- :hed was he n a4e I at him, i>net and but had he gtin^ ether lor Lillcd out prisoner ite-? ; wo ailed out ime, but ; ihe pri- ll of the ccoi;tre- I ; jvery iiing up m rack it of the 'ere two ura his I lie rifle ktd up; doctor here the ;ddiug ; nd the ^ It hand ^ let was "TT. ' 7nu .,«w V f,.r h lU nric- ' thoucht it might bo some one dreaming, Rtid was way ; remember being at ChimWy f^^'^/'^^'/J^^f ;"" '» ;'' ^^^^p ^„^in ^hen I heard the samo UcJsome lime in llie month of Jnu. ; \b. «"« " S rep "vredTl U'rned over on my right side No. 5 Contpany, a. d. I-n-;- - J < ^JJ ' ! ^^ 1 'l^v 'some person with a ritle at wlmt wo call rHsonerw..conhnea_at^Cn^n,^;n^^;n^ thought the man might nave iiuuu «.;.uc «u. «» injury and wa? likely to lorueiiiguruiMv, -■ •',„„*■ ,uo 1 nth tf.MTiiir-' do mo some too; made a rush at him; he made r.™«' coilrn''! Hi™ Tul'^ln": n'S- '. .b.... a. .c , \ i.,™,.! .0 o„, =id. and s,.cd pany retn we had 20 served out to us ; thev are put ui; '" P^'r':'^*;!."' \ "'''" "Ve'stVurgled about two minutes as near tenround8,audlceptineachman\.pouch, J.t- turn^ ^^^ ^^^ ^.^^ ne99 3how3lhp ball and cartridge P^"'^^'^! jM J,^;^^ Judge the court and jury] ; U was out of «"« »f Jhe-'^ I ,!^^et„ my a distance : we knocked him down packages of ten that the uussing cartridges had ^;^^^^" "^,^^ti' m the guard came up and he Leu taken out ; saw the prisoner at night when and kept h^^m f ^ ^l ^^^^ ^ f ^^ ^,,^ ^^■,,^^^, ^t he went to bed; ho undressed ; he d^^?'^^'^^^^^ T^^^^^^ he had a rifle and body was carried to the hospital of tlie rep™^"' , ^;« J^J^ « which hr be nir ami saw snniu ih:isuii »»ii." " "■•^ .. . .• 10 rounds of ball canrulge, eiui "i^". ,, „<• u,. he throat ■ I seized the man in re- ,t to us ; thev are put n,; in packages ol , ho d of bv e u r^^^^ ^^^ ^.„,,,^3 ,, „ear drunk at the Cunagh of Kildare; have sepn him once druuk upon duty; prisoner is occasionally drunk like every other private Joldier ; saw pri- soner drunk at Chambly; only saw him once, and then he was drunk under arms; pnsonei was drunk on the 0th of July; he was not so- ber don't remember linking with prisoner a few ni.rhts before llie ;ih July ; had not a drop 4 m : Re. of Ser- last ; I oduced illel in Stabb rtridge me is 8sme WllS lilt? |>lUl'vi .JCI.J -" ,-.— . , 1 1 ^1- nf the bedside of deceased, but could not loot at his face ; ?aw blood flowing from the bed ; saw the mark of a ball next morning ; saw a lot or clotted blood, and the print of the bullet m tho "^Cross-examined: -Has been fifteen years and a halt in the regiment; my acquaintance with the prisoner onlv commences with ray arrival m Canada; was at Chambly with him; he was few nights detore uie .ui ^u.j , ..«" Tn"/.' "h^n I drunk there on duty ; a man iu the army who on lluu evening, no more than at preset^t when d^^^^^^^^^ ^^^^^^ ^^^^„ o„,,^ I saw prisoner on the night of the "^^r^'^'^'l'll^^^^^^ sitting on my bed; there was ^^ l\sl^\l" .^'^f i ^'^^ ^^ \he c^^^^^^^ with the regi- roomT saw from the light in the v^^j^^^^^^J^at u , ^^- ^ '^t^J^^^^^;t\7,^,^ l,,^ gome Courts-martial was the prisoner ; prisoner charged up ^1^ rooin ^;"\', J^''^^^;^^^^^ if prisoner was tried ; with his bayonet until he was apprehended on ^^^J^^'^.^.^^ .'^V ^^^° ^^^ ^ ^^ ^f the murder, the night of the murder prisoner wns "« Ulrun , ^'^;. ^^^^ ^^I;! ''^^^^^^ not light enough forme but I would not swear he was fit ?«■ .'^"^V 5 pn- ; J^^^J^^^*^ ^o^er knoS over^tables and things .oner's only fault has been ^""""S^;"^^^ rne^^^rvld' wUh ^^roSV of 'am'^nltiSn ; j d^ to keep myself before ho was arrested by the when a soldier is off duty his pouch '•^'"*'"' | S^J^^he Court: T have no impression whether hang'ng over his bed u^raok- the nri^oner was drunk or sober on the night m Re-examincd-Saw prisoner in t e ^"f;^,^^: P^'^^J'J';""''^ from ray bed, I could room on the night of the ^th. under th^mflunc. J^f^^^^'^ -'^Vman whi was coiing down the of liquor ; it vas between seven and eight o ciocit nou j saw him when he was going to bed; did not room. speak with him all the evening ; knew by his ap- nearance that he was under the influence ot i- «b. quor ; prisoner was quiet and walking about ; ne knew what was going on around hira. ' The Court adjourned for half an hour. AFTER RECBSS Upon re-asseiubling, .Hl Dr. Hector Ferguson, 16tb Regt. :— Knowt prisoner, and knew deceased ; on the inorning ot the 10th July was called upon to see a man who had been shot in the barrack-room ; it was be- tween 12 and 1 o'clock ; found hira m his bert in the Molson's barracks; be was lying on hii 1 back ; there was a great quantity of Mood about 5ohn Connell, private in the 16tb Regt was J^e bed 5 -^J^-^^^^^^^^^^^ the first witness called .-Knows ^^^ f j f "f^ ^^^^ i^^J"^^^^^^^^ and know deceased ; remembers the "J'Sl^r^be ^'^ S," the ball had, apparent^, made its exit about shot; was in bod ch.t night, aad >" /^o f m J ^, ^^J ^^^^^^ room ; belong to'thc same company ; t w^j b - : J^e^^^^J ^^ ^^^^ ^^^ i h^d him ; mqov- tween 12 and 1 o'clock on the_[non,.ng of the ^ %^- V^^^^^^^,.^.^^ . ^, ^ie'd in aboup.tMe uour« iT'i^ffi '^t^S^if ^ter 'feartbU,-! i and . half; on a,,o.. mortea. .xa..mation,.,.u THE TRIAL, 8BNTUNCK, CONVICTION AND the ball had passed through the abdomen and ntestines, wounding in five different places : the left kidnojr and spleen were wounded ; the ball passed through the diaphrani into the pleura, Iractured the tenth rib, passed beneath the integ- omentg to ben^nth the seventh and eighth rib and there made its exit ; the organs were gener- ally henlthy, except that there was a slight ad- hesion between the pericardium and heart ; the cause of the death of Sergeant Quinn was a gun- shot wound; I gave evidence at the inquest: deceased must have been shot from the hip ; the r fle must have been held about there; from the direction of the ball I imagine so ; the rifle could not have been raised ; the wound was such as would have been produced by the ball before me. By the Court-The ball before me has been dented by coming m contact with a foreign bodv , —probably against the wall. ' ' Lance Corporal William Cook-Knows pris- 1 oner, and knew deceased ; was in the barrack- room the night Quinn was shot ; heard the report of a gun, raised up my head and looked towards ' where deceased was lying ; thought it was a shot from one of the steamers going up the river ; looked for some time and saw the prisoner : he was standmg over deceased's bed With the rifle at charge ; smelt burnt powder, and then attemp- ted to get out ot bed ; saw prisoner come to the left about ; he then, had his bayonet fixed on the rifle ; laid down m bed again ; was between four and five yard3 di?tant from the prisoner; ;t was moonlight, but the moon was shining very dim • GOiild not recognize the prisoaer. ' ^_ Mr. Morison-Then why did you say you saw ^r!['*"v ^J^l^*"" * °*"" coming towards the foot of my bed ; he came within one yard of it ; did not know him ; he turned to the right and went np the centre of the room towards the door ; wit- ness jumped out of bed and shouted that there Jo^r ?h?n f 1?*' *5\'^'' '°™« ""^ to shut the f nSli On r*"^ *5f ™'*° ^°' «bo"t six yards ; i.i*^V. "r^" ^^^ Conquest came up; the^ Iwn . r 1*^'".^. ""'^ ^^f P"^°»". «°d bad him mJnhL w "* !k«'* * ''*?^*^ ^«* struck several ^rti^nf ^^^T ^^^y "^r'** ^'«^^> saw it was the f^Vu.r'^ "^T ^'^.'^«« ^" °>»rked' I Bn. r6"732, 1 bV -Ji J?*!?/.^^«'J?°«» »°1er 732; the 'artiS iii!L^»ri"o"'* *" ""psss »>y Sergeant Lenahan ««fl^t»l Stri^Qt of thf 16th Regt., on ti)« I2th July last, and had been until now in his poBaeg- sion. Mr, Morison saw no necessity for making an exhibition of this kind in Court. The Solicitor General— This was a case of too much importance and too much solemnity to omit anything necessary to convict the guilty or deli- ver the innocent, Cook re-called— Examines the bedding pro- I auoed ; it is like that slept on by deceased ; points put the hole and the blood of which he had spo- ken. '^ Cross-examined— Has been in the regimeat four years and a half; was at the Curragh ot KMnre with the Regiment ; knows the prisoner drinks rather freely and gets tipsy ; it was the only vice to which he was addicted ; prisoner is peaceable unless when in his cups ; did not see him on the evening previous to the murder ; don't know that he was ever drunk on duty; have seen him at Ohambly drunk ; though I could not see the pri- soner on the night of the murder, I knew Judge ana tonnell by their appearance and talk ; while i was striking the matches mybac^ was turned to the parties who had hold of each other; have , board no orders given not to speak of the state of I the prisoner on the night in question. I The Court— It would not be for the interest nor I conducive to the honor of the regiment that any , such order had been given. { Mr. Morison— [t has beei . insinuated to me, nay j stated broadly, that such is the case, and I thought j It due to the prisoner to put the question. I am I very glad to fiud there is no truth in the story. ' Uross-examination continued.- Prisoner is a very unfortunate fellow when he gets drunk. Private John Conquest— On the night of the muroer heard the report of the shot, and corro- borated the evidence of Connell and the other witnesses as to what took place in the barrack- room ; witnes.s identifies the rifle in Court as that belonging to the prisoner ; on the nipple is an exploded cap; [the rifle was shown to the jury witness picked up the bullet now produced under the deceased's bed ; gave it to Corporal Barker: witness also gave testimony as to the drunkenness ot the prisoner at Chambly, and his being oonfin- ed ; as to the serving out the rounds of ball car- tridge, and how they were put up. Cross-examined— Has seen the prisoner the worse for drink ; on the night of the murder, when the light was brought into the room, pri- soner appeared sober enough ; he was not very much excited; he was cool, calm and collected: be was not in any way ruffled or excited. Corporal John Barker proved that the ball in Court was given to him by Private John Con- quest ; identified the rifle, and generally corrobo- rates the testimony of the witness who preceded him ; he was present when Sergeant Carroll ex- amined the rifle after prisoner l^d been arrested. Cross-examined : Prisoner was tried by Court martial at the Qnrrach for Ha'p? fin^-.tr r-.n A-.-.t^^ -- saw him drunk at (fbambly, but'can't aky bow ofttn betidet ; «aw prisoner drink tn thfeven- EXECUTION OP JOHN MAWN. bis poBseg- makiag aa case of too lity to omit Ity ordelj- Iding pro- led ; points bad spo- ;imeat four o' Kildare ler drinkB ) only vice peaceablfl lim oa the know that 3a hitu at «e the pri- lew Judge dk ; while A3 turned her; liave he state of itereat nor t that any me, nay 1 thought in. I am e story, oner is a unk. ^ht of the nd corro- tbe other barrack- rt as that pie is an the jurj^ :ed under 1 Barker; ckenness g oonfia- ball car- oper the murder, 3om, pri- not very Dllected ; i ball in •hn Con- corrobo- preceded rroll ex- irrested. >y Court ._ j.-i. lay hoff i« •Ton- • Vofthu 9ih Jnly ; saw him at Mr. or Mrs. Gib- r Si's but I did not see him ; the whiskey he bought with him might havo bccM>ure whjBkey; T do not know if there was water m it , t le liquor was dmnk out of the bottle ; prifner only took a ^miSof if he 20t the liquor from Mra. Gibson, f^Mnn Serjeant Qi'ian came in rear of the prisoner when 5 was put under arrest at Cham- Kwrs reduced from Corporal to the ranks on SunTof a simple barrack-room report, which rpftched the ear of my Colonol. . Re-eKumined : Returned to barracks with pri- k!.„ p oVlnc'k • a elncerbeer bottle only soner about fa tiotK, a. K'"b'^»""j , , ,(\ holds a tumbler, and if prisoner l^^d ^rank his share, he would only have had a thml of that after be 2ot in ; was present when the trJeriv Sergeant called tl.a roll at tatoo at nine o'clock ?hat night; Sergeant Gordon ca led the roll , ncJther at G o'clock nor at 9 o'clock was the pri- soner erously the worse for liquor but capable of performing any duty that might have been °mSd upon him ; heard prisoner d'Stmctly answer to his name on the night in question wh«n theToTl was called; the answer returned is sim- ^^SerKeTnt Patrick Carroll t-Is Color-Sergeant i„the'l6th Regiment of No. ^ Company ; knew deceased and prisoner ; remember the mght ber- geant Q»inn ^^^ '^''^ > "^^^ Sergeant command fug th« regimental guard ; heard the report of a mSsket where I was lying iv the guard room , was about to get up when the sentry in the door Tal ed me, and said there was a shot hred inbar- racks, and that some one was crying ; brought a por iou of the guard with me, and went nto the room occupied by No. 1 Company ; found aU was right there, and went up stairs to the room ocoupild by No. 5 Cornpany ; on r-termg there I heard that Sergeant Quinn was shot, and on enquiring by whom, was told John Mawn, ex- 3ed prisone.'s accoutrements ;toun(i two packages in his pouch one of which was open and two rounds of ammunition missing; examined the rifle No. 732 now in Court, and found it had , Ken recently discharged ; took the Prjsoner o the guard room, and had him placed in irons , spoke to him at the guard room door and said h^ wasthela-nmun I supposed would have done such a thing to Quinn ; he then turned round and cried, and said Quinn confined h'"^ f^ Clmmbly, when he need not have done it, and that he told bim he would be revenged of him dead or alive ; Corporal Barker shortly after brought me a rifle bullet ; told prisoner there was a round ot am- munition yet missing; he nodded towards the r.-lT^oihA ipfi. hand side of bis trousers, and SrmeUwaVtbere; ordered Private Shopbeui to t^« it from hi! pocketi h« did »o, »nd band- ed it to mo ; it was a round of ball animtralUon, what we c^ll a ball cartridge; lndentift» th« rifle now in Court. , The Court adjourned till to-morrow mominf at 10 o'clock. SECOND DAY. Thursday, Oct©b^»r 9. The Judgot took their seats on the Bench pi«- ci«ely at tea o'clock ; and in a few minuiet tAj-r- wards John Mawn the prisoner, w«» P"» "^ » 'J bar. The Court wae again denwly crowded, ar^a con in. ed so during the day. The Co onel of th« egiment, many of the orticers .nd quite a numbe ot soldiers, were present, and r^g-J^^^^jh. ^ ceedin" with great interest. Prisoner when vlacea m the dock, looked calm and collected as hereto- I fore ; a shade paler, and if anything yet mort .1- tentive and anxious. , , , ' The Solicitor General again appeared for th« Crown, and Mr. Morison lor the •'«!«" «=!;^... The first witness called w.s High Conjt.bj Bissonet^e, who produced m Court the gbajlj relics of the traged ' ev ?««'•«<' y*'T,S -the ball, the car^ le, the bayonet. th« beddms, sheets, sb • . • , ,, . _^ j. Sergeant Patric ^>» '^^Tl'S? t that handed me bj "''' ^''^ **;V! dented ; was press. V '~"" °" 1^ mornin'gof.helOlh,; K wa. brought before the commanding o. t.:„- Mr Murison obj-^cted to ui* evidence U\ag taken' if it was to prove what took place before » ™ ExaJiFn'ation continued-Major Garrett mtm i '^Toid vfuta; pSer -ay anything retpecf ^"^M'^Ztnl-I object to tbi. being an.we«4 until I pui one or two questions to ^^e witness. The Ccuit-It is to bo done through the Court, Mr. Morison-I find that what this w,«tne.ij« to prove took place before a military court ofjn- qu i'ry. The learned Counsel conl^'^jd t****,? 1 Quinn had not died, prisoner would havj bM^ tried by court-martial and would have been com- ' riitted by his commanding officer totakehistml. What the prisoner said then on that occastoD, ou2ht not to be admitted m evidence. Mawn wti ?hea a prisoner and in cuetody,.guardedand.n du- resse, when this conversr'ion is said to have o«- ''"'rhicourt-But had the prisoner been In tb« custody of a polic. officer, what he said on th« ocS would be received in «v.deuce provuled his admissions were legally made. Tha* »' ^^ t'aey were made without threats, or promnes. Mr Morison-The man had been m ir6n. jiH night was brought up in custody of a ««"d w^tb fixed bayonets, and all the pa^^P''"':"''^ mL^m before a man whom he is taught to stand more w awe of than bis G.Mi-his commanding officer . Sin th«» extofted from thi. poor. mnoni«t;iiirtbr« a rnn trial, skxtenob, contiotiox and in «'viiloricH tunBl« rami, iihould i;,n [,e taken ^§111181 him in « Cunt of jusfiiv 1 .k u .^'""■'—The military iiiiih()ritifls knew jney had uo power ov..r tlit" prisoner hecausn Q.iinn •yas de.,d, HS has be.n pro..,, Iv/ Dr. K.rw. ! nesVhiZ-^ They kn^w if..,y m.ist h.w,d him over to the -iv.l I w., 'r . pow r. and .he Court will faU^n.re 'hat whatever I own mindTf ^^ ""' '""'''"'''' "" "f''"'"" '" mr J. nLycna..s,.d«nop,„.,,.,,h«t, hi, n,Hn should Js';;'i,n"'7-'^'°"'''""'y°"' '!•'«''*-' to the w.t. Jheprisoner mny hav^-miid, nothiiiif will bfl hI- lowed in evidence thai is not exactly and precisHv iji accorlnnre with th- rules of law. The pris,>„. *r/«hali have a full, fair and itnpartiil trial. Kxaminiition cnnfimied— M,tj )r Girreit read overlherhirife to the pnsonet. and a^ked him what he had to say ; Tt.e /-harge was for shooi- Jne.Seri»eant Qninn. The «*oiirf-.Siipf,.w the ch\ri,'fl hdl b^en for nny other kind of offence, would the coiirfe nur- •ued hrtve be^n the sane t Vyitneiw-The very same ; there was nofhintf out of the ordmary course. By the Soli. ii,.r General— Did Major Oarrelt aay anythinsj to the prisoner beyond readin-' the ^haige to h.m? A. Not a word; he miirht Mve made. some rem..rks, but I dni not hear thnm ,, . . ., '^ '"•'•! should be hun? for r for tlie t;~%« i...» l » . "• 'ime, Sut hemar rec;.ve'r*|,<;;';';^,d,"! OP him. "y oelore the irons were put By the Courf-.AIi the noroulremenfs of ih« Arthur Vabo, Adjutant l«.h Re-im-nt-Know' 'hn'r.so,,er,an,l knew the late S^r.^ean. O^Z- ( was shot on fho «,«-., : , .^ r„ , , '■<'"in, ^ . ,„ - - , •' ra. ...nm. he was shn , n V . J"T!reanl (^uinn Q. VTh, any prom.se, made to the pri.o„-r ^^ll^^l^lZ^!^ U^^^^ went tolhetonmin whirh confess, was any representation, m^de' t^ h'm Z^'^f Z ':;7 ", confess, or wasan^ thr.->^i= h^M -..u • :'"■ ^' "*"' »' siance as the -v.. „, ,,,n iinif- weni lo dj'ceas.d.i.p,. p,i.„.„.r had been removed then I went to the iyna.d ,oom. and rer-ved from last witness th. rifl.nowin Cour-, „|so a ba c ' m^.e and a nj. bu'let, the bullet was an^L, tlH 'fl- n;.e. sii.hlly indenled ac the top, n„d 2 examined one pouch in I Z .'^^.l^y^^T-'l ^. "■'''*' -id fo";;,;'' Z nne pointed out\o me as the S'Ll'n' i .. 1 «" ."^P'o^led cap off in the army 18 years a cle^^ ra^ iiT ^^ '''''"r' "' '^« ''"^'' «'i'h n bullets after striking U;n7lvfif;d Sr' T ^^^^ ire damaged than iha^ .TC^ .'l'' "'L' S-r.^^an Carroll also handed me ; eight n:u.„ls ni ammuniii^^'w "Tfi^TetZ H of this Company from Chamhi; m'mds of Ir target; ,wear positively that tVe ^b^i'rel Fn my roZTrn''.n'^T''"'^T''''^'''"' '"^^''^ ^"""<'» hand was aiven me bv Karkprr if ..r.o ^„.. .^ '" ^'"^".'"''" » ^^" rounds was in a\^ll; this unfortTinate affair has created 8ome'"ex! *Usroent in the regiment. Queptipn— Js it not the general desire of the omceia, and non-commissioned officers to convict the prisoner and hang him ? 'uL ^""'^^^''^"''^ "0'^ a"ow the question to be ;,,,Mr. Moilson argued that if the miUtary wJt- nesfes can^e intrthe box biassed with adetermin- atioq to send this man to the gallows, it would SWy.Ml against the value at their testimony ,The CoMrt-Ask the witness if he is biassed : w?n hp?Kr r '" y°"i.P'>«'r. «"^ 'hen the jury wijl beable to see. Brmg it home to the witness iTycMl.can, but as to asking him about others, vou , ><^W%On:q^ay|»^pu n5»t in common with other ,-. - •, -•■'>■■>. "iiu iiif cnar^e read to h.m by the Commanding Officer, Major Garret ' U.,s course IS the usual one adopted fn all oases' when a soldier is accused of any offence ; witness Mr. Mor.son Rtronjfly protested .^gainst the document beina: put in, but'the Court allowed it Adjutant Stabb -The paper in mv hand co": ti^ns the charge read to the prisoner r it is to °he effect first of shooting Sergeant Quinn in his bed • second, with attempting to stab Private Connell ' prisoner said nothing; and was asked if he ha-l anything to say: V replied that Qninn was al- ways down ..pon him, and had confined him at Lhamhiy unjustly. Cross-x^ mined: Every charge fo^ wHcb n mari is c.innnHl wiU be entPted in the rhpr-e lit" hut n,;ed not come before the commanding o>icer'- it mny ''« '^' co'i)p'*"y » ' thi» '» "" "" held fill •hff miliia y j" Coimnanil'-i er.l 111 'he »• field cat in would no) I tiit'ue has; luiiiidai ol a was 'lol at Mr. M" Law uppn cl.aiilui ''• Offi.e.."il .TneCoi produced, liny Art h I'rivale in which i bed 10 me awoke, I bed ; colli \vein on 1 not say w the rouin inij; for tt me whei bhowed h and took was out I Seigert last, ai ^ till 10 o' who was examine* ut' hall ai C ross- Capia in whii-l were ai practue oner wd down lo oi llie \) the guai brought dayd 10 Chamb' afier II twenty each ni Berviiig which i legit. Ill the iiio charge no iikte siatein Quiiiii that vi Cro! ed the but -wt r,* aXEOUTION OF *'»HK MA>*!». niaii should to the wit- inion in my hn"«. for [ 'W iha( pi is. iii'l reportfd » prisorifr a upnii hirr coiirt-mar- c on . ni— Know' '1' (^'linn; July, be- k'as railed 1 in whirh Dvod then nospiral ; from last t^ll Crtrf- 1 Kn/iflH and had id it had • cap off irtf» with lad been nded me le return I of am- f rounds ackage; d,- giive « to ihe lat niirht le snme nothing confra- • read to farrett ; I oases vvirness lesti&n. 1st the «'ed it. id con- to the is bed ; mnell ; le ha-l 'as al- lim at ■ich ft :p|i;f, ^cerj i i, may be .V«ll with by tb." Cptain ol the ma..'» m.liia y rnMpr..dt.nce ihiv"'*'" '" '""V/,,. ,,, ,„ the •■•'"''«" l';;,^', „„..,, o|- a.n.nun.no.. i, , ..r'ttiniy is mv d^nire that the prisoner .honM beb-n«'.l,ft^l '"'" ih"r«>'«4>'!y convn.frd b« i» ihe imiiili-ier i«l St'i!/«'ttnl Quiiiii. Coujl mljoutut^d loi reif»». ON HE-A89CMDLI.10, private J.«>n»-s Conway w-is c^'i^d f.r theproi-, „,,.„o„: H.-.mlS.'.«H.btCu.oU8av lo pruoutr X;U.euMuaeuv^h.l..^.ew«.bcM,upulin .« ,18 pow, , und itulies aie tualid o. ''*5^;:;i::;;w;;.;::uu.,oo,eo..he.ui.on|y produmi. K.d .1 w-r....! l.he to soe what lh«. Mu- tiny An li'i'l oil ■'''« si'l'.i*'^^'' I W(>.:!<1 shoot inm ; pusunti on- .- —••- - s, eib»-t{u«ul ,u<.mdoor,.>niy .^bulh.' hu.d ui8W« , ^. d7..on..lhat .b.uQn.nnvvHsa pnvate ..1: :l.er,hehado..en^.veui...^.lany.p.nta.K P^^ tr;^;;;;o:r:;jir:r;b^ s;";tbr 1 1 :. ; ..-. ..d b. pv. s.. b..n .. i ..^3^., awoke, Uaw the pn.onerly.«anbHoao..ny "d could no. 8..>' wb..t l.me i- was; two ...en v^ ,; -be top 0,' Mm bolU.n« bun do.v,. ; cm. . Z Zu alter pmoner w.s taken ; e was . .ok- injjfor the prisoner's uccouiietii^i.ts , e askeo me A-here ...sonei's Mim.tn.il.on was, and 1 .how^db.m; the Se-Kea.'t examined h.s P»u.-b, ami t..ok 18 loundsol ammunuion out oi .1 , H wa« out ot the pn^oners ponrh tb.s wa. laken S...Kea..t Kelly : Was on suaMi ^'H he 7lh July las^ a^ Molbon'8 Bar.ac-ks lor about 24 hon.s, o. itll 10 o'clock on the Slh; Knows the pn^oner wtuwa-so,. my aii-ud ; on d,.mounl...g «u...i. exlmed pr s.ner', pouch; lound ... .. 20 .ou..ds of l.all ariM.uinlllon complete ... every lesp^tt. Cross-examined : Tl.a: was on lb- hih. Cap.ui. UooUe : Is Caplu.n ol N... Company in wbicb prisoner and Se.gt-anl Qin-m w^-' 5 we were at i haml.ly ... .be mon.b ol June for ball prac'l^e ; we .curned on ibe 24.b ol J. me J pr.s- S,er was confined l.r be.n^ drunii wh.le m down lor ball p.acl.ce; S..geanl Qu.-..., ... cbn.se o?U.epar.yJen.b.mbuek;hewascoM nedm 1, r is d»ad and dsuimeii. . .■,!_♦ CrosB-examined: Was on guard ih.s evenmK; «ben the conveisal.o.i 1 ba'-e reiated tooi pUc^, pr.r ner appea.ed lo me to be l.ke a man U. Nj , nos- l^ds. al the inquest; prisoner appe*rea, be . the hor.ors, but w....e.is J.d not Kna^^.; 'ewasexc.edat.bedeed^e had donq or ,,ot ; nriM^ner was under the influence oi l.q.«or aMl^a nZiou could s.nell h.s brea.h-bu. Uould noi sIvstro-.K; pri.one.'s ey-s we.e rolling ^ h« heL a.'d'he'had a ..antic looU about bi«M I ber louL' lo No I Company, pr.soner o iSo. 0., ■■ ; Re.exam..tvd: Fnso..e. walked up and dowo„, 1 ,n. ...a'd'room and .tag«e.-ed a little; he apppW- Id ,!; me ve.y cu.iousat the deed - had Jou^^^^^^^ .bould think he wculd; il was nothing ext.aof-,, dinarv that be should appeal cimo.is. u. ^».» Mv. .► John B.acken, iG.h Regt., No- 6C0inT. pa„y:-Wasin the aua.d-room on 'he lught P^ h^ moider when prisoner was brough l-., a rmi-.T ol ball caiLidge was found on h.m by •'••^r'sSotd: Assisted in p,.t.inghand^ i..„ the prisone. ; I was ..fecUy ^'f' .am could 'j..d..ofthe..a,e.ha;_,nsone.-w ". -^^ the gua.d ioom l.H -ext m........s;. when he wa> .1^';^/", i„„ ^.,d ..'oi appear to be desperately , brmfghl up belo.e me ; c.nlined b.m lor seve.. i u as m l.q..o,, O. _^ 1. ^ __^ ^,,,^^ ^,^^. r,* day/to ha. lacks ; pa.t of the pun.s'unen. was . Cha.nbly. pan ... Montreal ; about 'h'«« ';' y^ af.er the C a.i.any .elurnH. Irom ^f^"" '' . twenty rounds ,.f a.mnun.lion we.e se.ved out to ea.th man; the.e was no occasion be.vAeen the Berving oul of this and the shoo.ing ot Qui...., .... which any ot Ibis aumiunLion could have been S.ua.el) used; was in th ■ o.derly room on h^e morti...; prisoner v as b.ouyfbl up; hea.d . e charge of shooting Sergeant Q lead tp him , no llu-ea.s or p.om.ses to induce bim >•» "-k^" ' amiemenl we?e held out ; pi.soner sa.d be. jan. Quinn was always dowu upon mm, o. wo.Us lo Ibal ett^-c'; _ . ^,^^^_. ^^j,,,, ^^^■^^ Court call- ed the Commanding Officers Cou.t , ii «•*> he ««' but w aJway. »r«»'' «» »» " *he orderly toom , was in .Uliioi. ""' *"" " * "I'l — ,- ^ .in ; s i.elled .he liquor upon b.m when pul- n,!l,-..n th' bwidcutfs; could notsay p.upi.er wns in the borrf.rs. f v„ \ Cr,.^ ^ Colo.-Ser.eanl Samuel Bed..on, of No. 6 Co.Tl% panv l«lh Rem : I'roved the number ol pr.aoner* ,fle and acc..ulieme..t6 lo be No. 732, and \*a. ,es- wh.n be.tfeanl Car.oll exan^ined i:»e 'ou'-h. Witness aUo corroborates the evidepc- K.n.,er witness, s as to what took place m the deny loom, and -vbat .h. prisoner 'h«re »a,4 ,„.l.nersaid'at his fi.st exammation bebn^e hu. wn Captain, ihat he had shot ^ergeanl Quiup,, and he vlas.o.ry he h.d not taken another. .....,, Cross.exam..ed: Prisoner said, in .answer t« . C,.p.«i..RooKe'se,qutry.^hathe^a.^.Ti^^bJ. TUB TRIAL, SEKTENCB, COSYtCTlQiJ, AND 1 PrMdner: Oh you wicked old scoundrel losay so' Be-ex«mined— QuesHon : Why would you like" lo-we ihe prisoner bun;;? Answer; F :;ause 1 Li Li ^i"**" '*'"* *'°"'*^ «'">o' another, asleep in -•wnced connderaole emotion, and shed tears.) .^Jr!!l^°^", ^"^y :--Belongs to same compiny 2LL1 J "'^P.^ '".^^'^ '^'•■'^ '^'^ f™™ Sergeant ■gainn on the night of the murder; was ca I lid up by deceased who .aid he was shoi ; when 1 saw that sDch was the case, I went for the doctor • *tw prisoner's rifle was not in the rack, ' rAM^T^f" James Shepherd proved finding the round ofammuintion produced, in prisoner's left «ide pocket, alter be had been biou«ht to the iZ:?r' °" J^'^ "'e^/' "^ •'•« ™»'-'*«r ; prisoner . «n the guard-roora he was very sorry he did mrtml?;'""K'''\'^''^«^"'"» ^»™ «ev^en days m (Taambly, when he was not in fault : prisoner d5 . .iaid he told Quinn to his face that he Nvoufd .boot him at Chambly, or very soon after leavtn? Cross-examined : Privates Conway and Brack- "Jt^rf* present when this conversation took J»lace; cant say if they heard it; prisoner was talking in an audible vni<.- • h-.n I U.:Ia "*' talking in an audible voice ; been a year and ten SSM" ^.J""'l'* ^^^'^••^ i entered! the army • <*n't tell how long or wide the guard-room is. <>nthTi^Li°V;r'^^^ proceeding* «t the inquest on th« body of Qa.nn were handed into Court; m Robfllard and Dr. Ferguson examined the •ooay, comnimed tne prisonei to fake b" trial «««*?^*"' "'fremiaa Lehai.:^, Hospital Sergeant • Saw Quinn after he was shot m i^'s bed In the barrack-room; assisted the doctor in bandaging tm brought lint and bandages, and remamed 'tin deceased was removed ; witness identified vere all arrayed against this unhappy man. and determined to have his condemnation. All that he asked of the Jury was honest fair play He begged them to discard from their minds all tbev had heard outside this bu.lding~to forget the magmtude of the offence ot a private soldifr ra^s- «ng h.s hand against his officer-to remember the sacred obligation of the oath they hud taken They must look upon this case as i: thev had ffZJT!f ""^ '' ^'^"'^'^ '^^y ">"«' '°ok .(it as if they had never seen or heard of the 16th Regi- mentbefore; they must deal with ihe prisorTer as they would be dealt by, and as they would aftir '°T"'T'f '? ^""i^"' "^'"^'"S with h.m h«re- after. Tna by Jury had well been called one of ^fllT ^"["'"'^lo' Bntish Freedom. Whatever lut on of It. the most grevious had been done awav with; now, thank God. the Judges were no^ menials, dependent either u,>on jKjpSlar favor or he pleasure of the executive, they were no longer he willing tools of power, or, what was wofse the corrupt instruments o( the popular will. Our alli r"^*^''"'^?" ^« ^'"^^^ 'he innocent had always a leaning and bias the oU^r way; hence It was that we saw them daily BoJeliZZ counsel means which his less skdful Kw^^dg': of Ihe lavv might fail to discover whereby a pris- oner miirht beam 1111 t»ri w.., r..^^ . ^^ »*"* But Judges were men. i^nt:&ir-------^^^^^^^^^ i>y the deceased. Dr. nobiffard corioborafed the evidence of Dr Ferguson, as to the state of deceased's body, and the result of the po,t mortem examination. This was the case for the Crown. iJ^ ?!"'^. "^ V'ose upon four o'clock Mr. Mor- 4aon hoped the Court would allow him till to-mor- row morning, before commencing the defence Judge Moiidelet : No, we have still an hourio foon, in .Talberi'a case we had to address the Jury at ten o'clock at night. ' u?['''/l'*''*°" ^'^^•essed the Jury for the defence. «e bad hesitated to undertake the case of this un- of humanity nor were they infallible, so thlj even to^'ay Jurors were called in to judge of the facts of a case, not acco.ding to the rJles of law but with the feeling, of having me. Ju ymen ought therefore to be impressed with the Se ;e.ponsibil.ty of their oa,^ ; they sit as the c1,un. ry-ihey represent the country. The Juror is bound to judge according to the^vidence; bu he will bearin mi.id that the words "noijruil Lo are not of absolute import, but have only t |e|al Ibrtunateman when reques^d to do so T Jh" e rfy ^.'^eT^^^^^^^ %r^ ^'! ^' Judge, because of the sickness under wh.c^h he n bt'.::* ,t':?lli° 1*^^ «^^««=^ T J L " "v-ii ici^ucaicu lu uo SO oy the Judge, because of the sickness under which he had so long laboured. But when appealed to on behalfo/a soldier, and as a soldier to undertake the caae of a man, poor penitess and alone, he at once acceded to the demand, and determined that HI*?""' u)l^ "^"^l"^ "^ 'P*''^^ '^ <^o the prison- €rt cast jiistice. He well kilew what he had to mean fotau tkor/u "'^•■"« -lai veraici aonot mean to say that they are not morally convinced of the prisoner's guiir, but that according to the tnct rules of law and ibe particular evidence on the case as disclosed on the trial, the prisoner cannot be considered guilty in a le»al sense ?n The" d'earh"' ''"I' '' '"'" '^^-^^ ^" tbf/nd.'ctm^nu The death punishment was the last remnant of a barbarous code, which, if the Jury were averse »S I'laUv' ''ll T" '"' '°""'' "^ ^^' the prison;? pulty. 1 he Jury were interpreters of the law so /ar as connected witn the (acta of the case IW were to say, from the evidence they had heard if they «ere j^-epared ia send the prisoner to 'an eirly g..ve for one solitary evil Jcl WouW a public execution improve the morals of a country ? He had never been present at c.e, but he had read and had heard from parties present, that the pub he executions which had takin place n Mon! treal so ar from striking the multitude wh awe ami the sinner with fear, were a farce a.Td a bur! lesque. The learned counsel cited a case where cint;.Trg;bs7-aTairthTp.bT^^ would have hopes the le in this case fore proceec be made soi «r at the ba sergeant en and drew a at home, ar who listene enlisting in prisoner ba undoubtedl; soldier whc drummed c guardian of in the way come inebr not to be tr had shown one who b) •o besotted no longer t the bench i upon ihe a he was adi eyes. He that the m was not gt who wouli for bis one of drink. example v canteen-k« them in ei in order tt it, those in to body &i of them, diguation blood of tl ;o human had taugh the officei iiigly avo the ofiicei the condu Mgo, who this man' act of wi( racter fro enness an not his o\ peculiar i opened tl atlon, an give the evidence ment in slaufhtei rd vyith < criine of aforethoi mui* be mind tn< 1 BXBCVTIO:!( OF JOHK MAWlfi v'l py man, and "i. Ali that «• play. He idtis all they 5 ibrget the soldier rais- member the hud taken. i: they bad look at It as I 16th Regi, he prisoner ihey would h him h«re- iilled one of . Whatever 3 the insti- done away » Were not r Jivor or e no longer was worse will. Our i», who, in- locent had ly; hence veiling to mowJedge by a pris- A'ere man, eaknesses f, 90 that Iffe of the 8 of law, Jurymen the greet the coun- Juror is '; but he I guilty" ' a legal ict do not invinceU g to the lence on prisoner ense, in ictment. >nt of a verse to prisoner i law so They leard, if r to an i^ould a ountry? he had tiat the II Mon- th awe a bur- where /eidict guilty would have ended in the scaffold, and had great hopes the learned Judge who now presided would, in ihii case, follow so brilliant an example. Be- lore proceeding to aiinaliie the case and its details, be made some observations respecting the prison- «r at the bar. He pointed out how the recruiting sergeant entrapped the unwary youth of Irela ;d, and drew a heart-rending picture of the desolation at home, and the misery of the poor unfortunate who listeni-d to the voice pf the charmer. II was enlisting in an unhappy moment that rnade the prisoner have recourse to the bottle, and that had undoubtedly placed him in the dock to-tiay.- Ihe soldier who gels drunk on duty, deserved to be drummed out of his regiment, as unfit to be a guardian ol the public peacfl. When duty was in the way, the man who allowed himselt to be- come inebriated was no longer a man, and ought not to be treated as such.— The piisoner's career had shown that he was one of these unfortunates, one who by long habits of indulgence, had become so besotted, so deranged in his mind that he was no longer a respqnsible being. Their Honors on the bench might know liitleof theeffectaofdrinK upon ;he middle t.lasses. but the intelligent Jury he was addressing had it constantly belore their eyes. He cared ■ ot if it was written in the law that the man who killed another should die ; it was not gentlemen like those he was addressing who would send this unhappy man to the scaffold, for bis one only offence committed under influence of drink. It lor the sake of military discipline an example was required, let it be made upoij the canteen-keepers, and the system which established them in every barracks, and allowed them to sell, in order that government might make money of it, those intoxicating liquors which were rum both to body and soul of the unfortunates who partook of them. The learned counsel adverted with in- dignation to the witnesses who thirsted lor the blood of the prisoner at the bar. It was degrading ;o human nature, and to the religion which Christ had taught; and more especially did it degrade the officers of Queen Victoria who bad so unblush- ihgly avowed such sentiments. The conduct of the officers and men of the 16th reminded him ot the conduct of the Jews eighteen hundred years ago, who cried crucify him, crucify himt Was this man's life to be taken away for one solitary act of wickednesc ? The prisoner got a good cha- racter from all, with the single exception of drunk- enness and who was the man among them who had not bis own peculiar failings, and knew hia own peculiar temptations 1— Tbe Solicitor General had opened the case with his usual care and consider- ation, and was the first to admit his readiness to give the prisoner a chance for his life. As to the evidence, there was none to support the indict- ment in manner and form. Murder and man- slauihter were the two different courses connect- ed \yith the killing of a man. Murder was the crime of voluntary killing anoth'^r with rnalice aforethought. For an individual to do this, he mus» be in the possession of all his senses ; bis mind muit not be warped ; he must nAt be frantic, be must not be in the horrors ; he must be calm and collectett. There was another killing recog- nized by the law— that of manblaugter---where, upon a sudden affray, or upon « sudden irnpulie, a man strikes another without any intention of killing, and kills him. It had been held ai«o that where a man, in a sudden fitof intoxication, killed another, it was not murder. On this point con- siderable difficulty attended. As a general rule drunkeness was no excuse for crime, nor for ine peace of society, should it on all occasion* be al* lowed to ba so, but every case on its own "W'W. and though the general principle was not allowed, Courts oi Justice still would hold that a drunken man committing a crime was not responsiblsfor il to the extent a sober man would be. Ihe learned Counsel had gone to the mess-room of thi» 1 6th to see if there was not some slight pity tor the unfortunate man, some slight consideration for him, but though personally well received, there was no word of comforter kirtdness for his unhap- py client. And yet he (the learned cdunsel) be- lieved as firmly as there was a God in heaven the statement of tbe prisoner to him, that from the time he went into bed until he found himself on tl.e floor, pinioned, he knew nothing of what passed or had been done. Returning to the evidence, what did it amount to? That the prisoijer had been often drunk on duty, and so e"ly in the morning as six or seven o'tlock ; that on the night of the murder prisoner Was under the mftuence ot liquor is indisputably proved. It was also proved that the murder was committed and the prisoner was arrested. But no one saw the shot fired, and .t was only his own admission made while in tiie horrors in the guard-room that told against him? Had the prisoner been in his sober senses would , he have fired a shot which must f««"l;^ in discov- ery, instead of stabbing deceased ^ylth his bayonet which he had close at hand 7 The cowardice of the soldiers was noticed by the learned counsel. If the courage of the men of the pth company of the 16th Regiment is a fair sample of the valor of the regiment itself, God P'"*''*^ »» J""™ '5*'^ ever l^ing called in the field, to .Wend our fire- sides ; for if men who are by pfofession ^oldien and supposed to be prepared to jneet_ any emei- gency, sixty in number, cover their heads With J blanket, while one man is dancing about with a fixed bayonet, what must they ^ ' .^5*y>\^ meet thrice ^hat number in the fifl^^^^L t« the son of a soldier, had always been t^ifght to , believe that one English soldier was a «n«\« ^r . five of any other in the world The learned doun J sel then iLk info his hands the. "&»« .^'^^ l***] . . bayonet as produced in court and "'?! ,\,.;"i*, , poJr, feeble emBciated creature, b"t w lb th s arih STmy hand, I defy any ten men in her MajestV « "erviL to disarm m. in the space o f-ne in which it is said the prisoner was disarmed. I looK"fJJ,. . it as impossible that, it. the prisoner was in hW sound mind and .en8es--a strong, PO*«;f" ^^^^l letic young man, the whole company wuW »'« hav/disarmed him in a quarter of *" |»o"' ""3 ih»y had used the same weapon which he haa '»o w«kro. S Lm u«; ,'■'1''"* ,; •'»« ''"P deliver J?Q"hrD,li«f. T 'l''^''^e« ^" ^^er WM raken n.,t «f^^ ' ••i*'*^ ''^^ proved that 18 WW pTfn u & ^rt^dge box, {.ever that one few/ ThTtt'" ^'^^'^^^^^ sr;c frpm 4.i. .^nerior, sJo e in tie boi fett'' '"^ oopr w" established by [h« arm^r/nd'^aK 'by a^^S' S'^^'T' ^*'' Jaw the eoiJwnanding o&^ciu,? " ^?" "''"^^^ nwflwarjt for »„j cL To ISk at .„ i.""*" ""'^ aanction ot the Duk« of o«lk .*^'PP*>'» .""der the u«M of militarJ Cwber^S ' -«* ?'"'*'' ""»"- toproveth^S tl,e arraiJninJ^^f .fP^'''"''^' ^^^^ed, thai courj Upan rb^char i 5? '^T''^""' ^^f^'* beyond i^i jmiscjlOi^ aJd Vn^T" "^^ *" «<=' th«? uq/ortuiaxe prSer at fh^ admisaion Mrhich »adf. wbe.i draS^lfoVJ?,* J*^ "'ght have •nhe,6»a,d whoip be in hiJ/J *''*''" *'*'J'«n«'« adaaionam^deint.^^^^^^^^ '^K *ere ^B Tmi., CONVICTICV, BE^TEKCB, AND he made were not th^irL a ' ,^ admiBsiona sions that our crimi„« T ""'^ »ol"nUry admis- sufficienu: mairevJl JraSl [hT^"'*' " espec ally in a cas*. of iw» ! ",5*""^^ *"« prisoner Sughte? wolr "/^' /'""^S''' a'verdict Sf prisoneJiuhe bar «« T'''?/""'**""'"^ '*»' «»>* the jury would afJ'''-'h - "°' """*'"*' ^^*^ wou d be sentencoH tn t h- d . • * *"« "an |t «.. .long Ufe K. w.uK„TpC "&' • THIRD DAy. honest conscientious jury-like those in V^fk frarv T r"'"*""°"'' convictions to the coni th™ being b,o„sh< into Co«,.d«. edl£Tt„S on7o?ih:ll?"" "«'!' ". "" "«>"llM hertXr r «»e « acciaratiofl besring wit xvbat nay, BXSCDTIOM OF JOHN MA.WIf. ii wer— that any > •gainst bin), sion ; dragged ibre that great ny aJmissiona untary admis- 1 rerognJM as ' the prisoner t». Looking at ought to 8up- : a verdict of hment (or the im9gint) that given in the been given, ect of society the offeoder, swered by a rdict of tem- f« The man >fforJife,and 'ere enough, vears of age ; repare for in never again counsel was ' of Captain < t>nd unless 'djournment some time, ck the fol- ct. ICth. Court re- lefeiing to ned Judge e said the M to the utered the coerce an 1 the bflx f prisoner, > the con- out from erm, and ^y could idges and I after it t was in" »tpd mob liacaseit !»• pris- mas COH' tmouied r be be- >h; but unish«d uld the reafter, ) on his t ^bat hei the learned counsel, had asserted and believed, that his unfortunate client was unconscious at the time of what he was doing, or what wis going on ? In th«l case of Jalbert the jury were charged to cohvict, notwithsianding the contradictions m the evidence, bat the ten honest men held out to their own opinion, and after years showed they were right. Referring to some expressions he made uw of last night, the learned counsel said they might be considered harsh, but he had no time to weigh hi* words in a case ot life and death. He could not find time to pick out choice and ele- Kant expressions of language in which to speak of those whom he regarded as the persecutors, to a certain extent, of his unfortunate client. Ihe great question for the jury to consider was, whe- ther the prisoner did wilfully, and of bis malice aforethought, coolly, calmly, and deliberately muraer his Sergeant? Judge, the first witness examined, did not say exactly that the prisoner was drunk— soldiers could hardly be ever got to pronounce that word, because, by military law, it was the subject of severe punishment, fcioiaiers, therefore, preferred qu-Ufying ihe expression, and would say " a little liquor," or something of that kind, lather than fully express the term, ihe witness went pretty fw, however: he swore pris- oner was not sober on the evening: ol the murder, nay, that he was drunk in the afternoon ot thai day, He, the learned counsel did not pretend that prisoner had been drunk or drinkmR at the hour when the murder tooK place, but that he went to bad under the influence of liquor, which resulted in delirium tremens, and rendered him neriectly unconscious of what he was about, ite- lernng to Lance Corporal Barker's evidence, he nu: the jury in mind how difficult it was to get anythin- out of this wiUiess in favor of the pris- oner, anil again pointed out the con(rad|ction be- tween his evidence before the Coroner and l«tore the Court. The evidence of a wiiness of this kind was not to be believed at all. Mrs. Gibson, the woman at whose house the prisoner at the bar with Barker, was drinking, had been confined tliis morning, and could not .3 here to te I her story, or Barker might have been convicted of vet more flagrant contradictions. As to Sergeant Carioll, he had undertaken to swear to the posi- tive identity of a cartridge, which it was almos impossible to identity ; but ye^ the db held near a nit?J^ 7.';"°"t"f a tun,bler «nd »ix o'clock in lh?f ^^n.l •''"" ^^*^««n Ave P«, which we had abo?f fi^' 'I T' «^*^ «"P- brought into the barrack,' l'"!!".''"''? ' P"»«"«'- ;^piifajninff wh.sker7 co 'id Tr ' '^^u"'* ^'"^ *"'"' " the table as k»y to What is got her^^ PJ^^ers the Irish whis- would be of inorf erv.ce' toTT * «'«"« "^ *' eold than a pint of i»h-f * *""" when he is whiskey we^ie ?„ ,^?'* "^^ ^et in Canada rthe . «ood for^he h'eal h is fh?r""''^ '*."°'' ^ '^i'^^X •«*t fake much notice of if'^^ ^** '" ^'•«'»nd ; dS on the evening in qJeStio??^ "' ^ •P"««'' ^"^ no^quor before five^oSk^fT .''"«-°"«'- ''""I' «^V tbo Cpurt~J>ri9ono. • '^"'^ •'"J' '"question. not iitill drunk- ih/J[^r^.'*"'' ">«". but is »?rr.ck*Vei„'^''J,-.,^,^;!j^^^^ be took into 1 he ofu»dr,nkoutof if'Ts'r^f ''""'^l the three oft^n appear to me il'whisLf"" ''^^ *^°«» "ol Cro«s,examined-TheS' / WQjrid hold about a Pint • ,h/f * "m««*" ' '»«'»" '••jfrull; prisoner bnfid^auk*/"'"'^'" ^«« "^^ « rtger-beer bottle Sh h , fL^^P''"* "''«; the bier. «nd this wj hrd Sl.w^ll'if ^"" o^ « tuo,! Dr. Robiliard ; A ma„ o?!J ^'"'^ °^ *"' pritoner with a end«noi . "'.^ «Ppearanceof the would be sooner aS7bi''H-'r''> <*»« bead! If he drank a large qua,7titi ff"]^ 't-tn another 'oms^^ould be ameoealiL ^T-' '''» «3''np' drun^ br th^ p J„ p"rt;;';7,;^'d to have been opinion, would havThad no «tf *'""''^"' '" ""^ «b« time the mu,der Wa« /^•'^*- "P*"" ^'^ at must have beenVo2»ffi^ ..*^°"''"'"«'^{ prisoner y .^be time the mJSw^"//'^''^^'*^ ^^ " "«P «^n^^cou.dhaveh";&rpra'^^^ thS !!!J!;;!!^^1^;;^^ ooNncnox, an. dire^^rfilss^^l^o^^ made .„, what I heard took , Lf ? .l"* '^^ murder-- ipri^onerneversaidtnt k" J**? ?''^''^y 'oom ; was sorry he had not sH' * ^l^ "^""^ Qu'nn, «nd P..;=^ -^^TBB BKCB88. but he has cIear*J?S " n '^•''* ?« *^''o«'. of the Judge he leant mm?;„v^""''^*''* ^''*'»® his brows contracted and SJ °'u"' *^« <*°«^. ground. "'™''tea» and his ejes bent on the .aidl' ^'"'"°' ^^""^"^^ addressed the jury. Hr (Gentlemen of the Jury 'ng that right which evr/EhS 'r°'''- sesses, of being protecteH LI • ^"^J^^* Pos- son, and of befngsecured^nThl^"'^ *° ^'*' P*^^" property. But «,;^; V • "« free use of his caais hire bee„ ^hat w£«h"?P°"*°* »' thoae patient attentS during tetstX^'^.' ^°"' incalculably more wave a„V ml ^-^^ **"^« ^^ for you ha/e heeniStltialfLi^^ important j them, that upon a S«/ .•^'V^*'° ^^ra'^wte^ the p'risoner TupVn^h ftr Ul' o'tl^P^-'^ ^^ch reasonable latitude alwlS ♦' ^'^'^ '^ «^«y course ho may think IZ^ ^° * ^^^^'^^^^ « th« fence, butKe nSi^o^n^^'-'^ ^^^ *>* *»>« ^^- pay fir legal a8s|?tence th^n^^"** ""»'>'« *« ence to procure it forh^mLf'l'^ T' '^ '««"•' Bar take a pride in nio«™ »'^*tmtou8ly-and the:; disposal. iS the D?et„T*- ^^''' «»''^'<'°» ** bis cou'nsel for the defe^nTrsumJj r'n'^^ ^"^'^'^ requesl of the leaimTrl tS"®*^ ^^ **""e8 «' the he did 80 wUhou^fte oire?-r P^^^'^'^^-and told you, the statVnf ?r '^t'^aPd—wben, as he has JU8tifiVLia in dec^nint t*i''' ""^'^* '^^^ '^'^^ Ponsible a task And vi? l"""^'?'' ^^'^ «« ^^' with what S «nH • ^. " i'ouMelves hare seen b^dut;,'^^rm:iin^t"7afrow'*' ^f^'"^^ KlBCUTIOX OP JOHH MAWK. 1^ fir made any Ibis murder— »rderly room; ^ot Quian, and ; I aakted him y> and he an- rned away, I ng. H was present ' noe ; I was '•estigated the it have been 'hen be waa I neaier atiil r. of bia wife, e bar. Rig t as before, r the charge 3r the dock, •ent on the J 'jury. He | he present es, involr- bject pos- to his per- use of his a9 those pied your •e days is oportant t '<5u.in8tan- len met a he result other. ■'•■ 57 of the 8 to live, Irainister >n which is every l| in the the de- lable to ts influ- and the I at his learned B at the g:-*-and ! he has II have so res- e seen "brmed that 9el all Bfead> permitted to sav, that it appears to me that he has permitted his zeal to lead bira beyond the most extended limits which the most humane interpretation of the law or tlie most lax adinm-. ibtratiou of it would warrant him in going. The tauntg of the learned counsel hs to the character of the Regiment ; his assertions that its colours were " maiden ;" his sUtements as to the temp- tations which the regimental authorities threw in the way of the soldiery, by having as he said canteens at every corner hired by their keepers at BO much per head of the soldiery in garrison • and his aspersions in respect of tad" feeling to- wards the prisoner, seem to have beeu uncalled for and gratuitous ; and to have been uuwarratvr ted either by facts, or by the exigencies ot the defence. In point of fact the 16th Regiment is one of the oldest Regiments in the British ser- vice—it was raised nearly two hundred years ago— and it took a conspicuous and honorable part in the wars of the last century. It followed the grea* Duke of Marlborough in his glorious continental campaigns, and if the recent custom of inscribing upon the colors of a regiment the victories in which it had shared, had then pre- vailed, theirs would have borne the glorious names of Blenheim, Ramilies, Malplaquet, Oude- narde, and of many other victories, which in their day won the admiration of the world, and the gratitude of the nation, and still fill some of the brightest pages in the record of the glorious achievements of the British army. If the colors of the Regiment are maiden, it is not because its sword has not been fleshed ; and if it be true that they do not bear the names of England's later victories, it is because then, as now, it was here in this country, aiding in our protection and defence. In the beginning of this century, whea more fortunate regiments were earning laurels in the peninsula, the 16th regiment was in Canada engaged in the defence of our country from inva- sion by our neighbors over the lines ; and when tho unhappy circumstance occurred which gave rise to this trial, it was again here, npon what was at one time feared would prove to be an ocaasiou of similar emergency. Tho taunts of my learned friend ou this subject are therefore wholly unfounded in fact : and they seem peculi- arly ungracious and unbecoming in a Canadian advocate, since the pretension on which they are founded rests solely on the fact of the regi- ment having been employed in the defence of bis own country. The aspersions as to canteens, and as to the prevailing feeling in the regiment, are equally unfounded and uncalled for. The statement as to the number of canteens, and as to the mode in which the licences to keep them are obtained, are simply incorrect. You may not be aware of the facts, gentlemen ; and as my learned friend thought proper to make the statement he did, I have taken poins to verify the facts, and though th*re is nothing in evidence before you on the subject, my aasei tion is entitled to as much credit ~ ' ' !>.'Rsd ccunsel for uhe defeQce, Tha SS SUB? Xn. 1-UV £^£%%! canteen, gentlemen, is simply a little shop, tot. permission to keep which a small and merely nominal annual fee is paid. In it the poldiett and their wi^es can obtain small articles of con- venience, without the necessity of going out of barracks ; and so far from their aflfording" to th» soldiers opportunities for intoxication or tempta- tions to fall into it, the sale of spirituous licfoon in them is strictly prohibited. And the charM that a bloody and unchristian desire exists in the regiment that the life of the prisoner shouW be sacrificed, is equally unwarranted. The learned' counsel has been most pressing in hia determine ation to elicit from the witnesses their opinion a» to the guilt of the prisoner and as to the pun- shiment they thought he merited ; and from two of them he actually forced the reluctant admis- sion that they believed him guilty and thought he deserved death. Wag that in any respect surprising ? Captain Rooke suddenly found him- self deprived of one of his inferior oflBcers, Lv a most base, cowardly and treacherous murder, upon no other provocation than that he had per- formed his duty, upon an occasion which la of too frequent occurrence both in and out of the army He was satisfied b;r the admission of the prisoner himself, voluntarily made before hla col- onel. that he was the assassin. Was it M bloody" or » unchristianllke," or did it render Captalo Rooke " unworthy of the uniform be wean,- that he, upon the prisoner's own admission, be- lieved him guilty : and that so believing hw guilty of a crime for which death was the appro> priate punishmeat, and which was rendered «p- propriate in a tenfold degree by the circorotton- ces attending it, he thought he should be Babiec- ted to Its lawful punishment? It is impoiilbte- gentlemen, that any right thinking man coalA answer this question affirmatively, and U isupone such facts as these that this regiment generally,. and its officers, hare been assimilated to the Jew of old, when they crieu " crucify Kim," •• crucl- fv Him !" The indecorum, if not blasphemy, 01 the allusion, is on a par with its inapplicaWLty. In fact it must be plain, gentlemea, that such expressions as had been used with respect to Cap- tain Rooke, and similar ones which had wen applied to Sergeant Bedson, could ooly^be ac- counted for by supposing that the learned coun- sel believed, that to defame the officers and »« of the regiment woul.' increase the prisonere chance of escape ; and toattaSn that end he felt entitled to defame them unjustly. IgiTe the learned counsel the full benefit of the nelief that he was justified in this course by the ta»k be wm performing ; but if he does entertain that belief, I must be permitted to say that he is wrong, and that no man, whether an advocate or not, boi the ri^ht unjustly to asperse the character of »n- uther? even when the object to be gained Is so momentous as the saving of the life of a fellow It has been repeatedly told you, gentlemen of the jury, that the law which dooms a murderer to death is a barbarous law : that it is the rentaanl w THE mAL^SBNTfiNCB. CONVICT^ AND *'*"<**'^«»'d a barbarous code -and thftt ,> i. titJ. ^^•^^J'l'oc'^3 Christian sensibilti^' 1? irhkJli BhoBid not be carried out b "offisti^n whether it is the law wliSt?f«n' '''^ "u*^^' ^^^ guM^d. :^o this qUlSrt&'can rS.r ^ th« imniahment of death if in „ °'"*. ^"^ yeu belie v« Wm L«f i- ' '° ^°"'" consciencea WW *' according to the evidence dIa JionsHvo^edi«t|.Mo^S^^^^^ *Sri,!iE'* quwtioaa ere few .nd Bimnl^ -Whether or no Sergeant Qainn was jS t? «OT aenjr It. Admittiotf that r»i>t tK»„ ^u!! not A^nr a '"i;*^"*."'"' *,"" '^*^ counsel • ^IttvuiT^'''^ *^** fi»ct. then, whai tbatkiUmgooufliitute? Wag it sit KAnllAMaphtof 9 /-k fMiglia yDu vhh lewnSa /ubuiltieri „«. ..n «•»» Mv aoattet how »rievoft<« • if iu^ pi^ovoca- J!t^' if a m.d with auTiplelnt o?h , trfde in his band receives gross provocatinn on^ • * hoidj.aeoS:i<,^tarTh^Vam;Torrt '^ j t;rw^,rsh'oi!! ii:\i^T^'^'^^- o«fended man hfd° id '^f J^t;*' "i'^ be, th. .trol the first immhe nf hi! !^ reflect and to con- nation willeiab 17,^^0^.^^™ /'"'' ^'P^*" ther the act of the prisoner at^,;fK°^^«"'«?' ^be- to be manslaughter LeT^*^,^''"«''° be held attention for ^Z momlnT. IhT? ^° 7°"' you the details of TheTh^le of S" ^ """*" *° as proved. They havrh^inl .^ CKcumstances by the witnesses^ y^a^e LS^i^^l **> ^o" mony to trace the nrlLn^! !f» u "^ ^^ **•« *«»*»- period of his intoxication .?> '*'-P/'"°°» *^« , Chambly down to f hftn!l : """^ punishment at ' f»tal acJ^ wheS hV ^.ve ht^own''*^"*°'^° ^^^ and of hisrnotives'in^peTp^ ItSr'^""' °^ '' int^Seton^il^^^^S^tr^^^^^^ practice. The decS/Sl Company to rifle , on duty at .he'^^i: fnt wTSck^t^"' "^'l^ under the care of two men i,^^ • u*° barracks strictly within hisTuty °C '"^/'llf ^'- "'^ was brought up. and Din.thf^u^* morning he to Barracks forTeven davs yl ty„<^°°finement that this punishment dff'nnT'''"".°^«"'^*°'i finemeut iS a ceU but me« /rn^.'i^.t^^^^ «o°- =&thr^"oSnS^^ found 'in it.'^Ou tSiowfn?evelTh°«^'' ^'^* supper at five o'clock • sborfi^oft * i"® '^'^ »' out with Corporal Barker wL*''''*'"i'' ^^"^^^ poral that evening, and itu^ne^JL^^^*'^^^ C"^" nine o'clock he was present atl^..'^' ^^ room with the rest of the Sn!°" '*^"' '*> *be sequently seen to uSdJess CS?^' ''f """^ ^"»^ About half-past twelT o'S fu '^ ^^'^ *° '^• awakened by tiiedirchlLnf^^ *^? """^ ^O" and a man ^^afs^f sTdfngTtb ".?; IT^ Sergeant Quinn. with Tr fli • ?• ^ bedside of change, and 1 feyoiet under E,-«^^°^' *' *'«' man fixed the ba/onet on th/,?Sl^'^* f "^^ This for the door of the ba?r«It ^^' °'*^« "^^^dily *nd bayonet at S cKe^ Z"oTf- ^'^ "«^ rupted by Connell m«Z .'/^ °° being mteN- bi£^ TiJ soiSS S^t cS^^S^i?^ *»•* -^-in was overDOWer«H -„7,:"15?^''**»c«r- the toan was oVernoWen.? ^^''^"'s assistance^ that man was ijf Eo?er'«?l'T''°'"«^' *"'* dt«teed in his usuRl ?S * *^® *'*''• H® ^«s taken from firCfoS?.\'°'*r«'* **•« '^Ae discharged; hTs^Juch*.!"''*^® '^""'^ recently . ball cartridges we^emlXI?^"'-*'''* twoof t^,i was subsequentry inSbXS^":!-" ' °°« <>' ^bem •» from his pocke f and a b«n n/'-'"*? '°"' ^^^^'' those in the ca^trid^es w»i f °' 1""^'*'' ^^""^ ^ of Sergeant Quinn Sh7nd£"r'* "'*'' ^^« '^^^ having been di'"h'ar^ed. - ^*^*u°' "P°° ** of Sergeant was pierSj „,^^^^^^ the unfortunate gunshot wound, w?4S'',,?'^*'<^*'y ^'tb a Hare beer. cf.uBodISfh. . ?i?.!l^**'f^««on mnst 5" w* a guo OFiriiie EXECUTION OF JOBM ilAWN. I^ W be murder. miprhtbe, the »ct and to con- ■• This expla- ntlemen, whe- •ar can b« held ip«83 on your Ib I recall to circumstances elated to you by the terti- step from the mishment at lequentto the iccount of it found to be "Pany to rifle fuinn, being to barracks "3 he aeted morning he confinement underatand 'ehend con- ahibition to ks. About led to Mon- ^ few days tridge were M thepris- >f July bis int of the unds were he was at ds hewent ierly Cor- ' six. At ^1], ib the I was sub- ?o to bed. men were the room; >edside of Is at the a. This steadily his rifle iginter- lacfc on "Stance, ed, and He was the riflis •ecently ooftRe of them I, taken rind to he bfed a it of tnnate with a t mnst owiie . from the hip and not from '.he shoulder. Durinp the three hours that elapsed from between the time of the prisoner's retirement and that of the firing of the shot, no human eye saw his occupa- tion, but the circumstances enable us to describe il^ith absolute certainty. "We may conclude as confidently as if we saw the whole, that the pris- oner arose, dressed himself, took his rifle from the rack beside his bed, took down his pouch and opened it, opened one of the packages of car- tridges and abstracted from it two cartridges, put one of them in his pocket for subsequent use, loaded his rifle with the other, took down from the wall his bayonet and placed it under his arm ; thus prepared passed stealthily among the beds of his comrades till he reached that of his victim ; then holding his rifle acroas his person, he shoots the object of his hatred through the body, end In another instant the eyes of sixty men are upon bim. Gentlemen, we are certain of the accuracy of this detail of his actions, both while be was seen by no eye but that of his God, and while he was before the eyes of the Company to which he belonged ! But let us follow him one step further, and hear, from his own lips, an account of the di-eadful deed, and of his motives for per- petrating it. He said to Sergeant Carroll that "Sergeant " Quinn had confined him at Ohambly which he " need not have done, and that be had told him " he would be revenged on him dead or alive." He said to Private Conway in the guard-room : " I. promised him that in Chambly and if it ran to the end of twelve months I would shoot him." and afterwards, " now I have shot bim and I hope he is dead and damned." He made similar statements before Captain Rooke and Major Garrett the next morning ad- ding his regret that he " had not taken another." Is any argument required, gentlemen, to con- vince you that the kilhng of Sergeant Quinn can- not be held to be, and is not manslaughter f Was bis death caused by a blow struck " in a sudden " transport of passion — upon a grevious provo- " cation acted upon on the instant of the provo- " cation and without an interval of reflection." ? Or wis the deed " a deliberate act, with premed- itation," and accompanied not only by a presump- tion of malice — but by acts and declarations proving malice by declarations of the clearest possible kind ? 1 should ignore the patience and intelligence you have displayed during the long trial ; I should insult; your understanding were I to argue this point further. You cannot but bo of opinion that the killing of Sergeant Quinn was premeditated ; that it resulted from a feeling of revenge which the prisoner had cherished to- wards him for the previous three weeks ; in other words that it was a deliberate and awful murder. But, gentlemen, there is yet another question before you, to which you are bound to give the most careful attention ; for if it can be resolved in favor of the prisoner, it would be contrary to the most obvious dictates of humanity to punish liio^ fof fue set with which ho stntida ehargctj. His counsel has argued that be mv.st be relieved ft-om responsibility to any human tribuDAl fot thi^ killing of Sergeant Quinn upon one of two grounds, though he has not made it o)e«riy •»- pear upon which of them he oeHes. These aro that the prisoner at the time of committing the offence was insane, as the result of long oontiu- ued constant and habitual drunkenness ; or, that he was then in a state of temporary delirium produced by drinking spirituous liquors the <^e- ning before his crime. If the prisoner were really insane, gentlemen, there is no doubt that it would be your duty to find a verdict accordingly ; notwithstanding that the remote or original cause of Bueh insRAity was habitual drunkenness. But no evidctiOB of such insanity has been produced befbre you. Insanity is not by any means a necessaiy res^rft of intemperate habits ; on the contrary — among the numerous unhappy victims ot %h» too preVftf- uni vice of drunkenness, but a moderate per cent- age suifer from aberration of iniellect. If im learned counsol had succeeded in proving that the prisoner was a man addicted to habitual in- toxication be would have been, also obliged to shew that such habitual intem|>eranc» had resnl'- ted in insanity. But he did neiither. — He Mlei. in proving more than the feqt that thu prisoner during several years of service had become ooea<' sionally intoxicated, but that his habits were" not much, if at all below the average sobriety of taren of his class. And it was never even atrtmpted to be proved that the prisenef's mind. was in the slightest degree affected. Upon the other ground taken by the oonesel for the defence it would be necessary to say but little, were it not that the doctrine that) drunken- ness excused or palliated crime, had been nrged for the defence, as a legal ground of acq^uittali— and it might be feared that you, gentlemen, could entertain such an idea. I think it my duty therefore, to state to you what 1 believe to be the true doctrine on this point; and what I have no doubt his Honor will aisotiBU you, if he thinks it necessary to lay down tfee law upon it at all. And I wish you toundfer- stand that I do so, not because the drunkennoss of the prisoner has been proved', but beoansb^ I think it becomes me publicly and authoritattrely to contradict the pernicious and dangerous pre- tensions which have been placed before the.Go»rt and before you as rules of law. For this purpose I will read to the Court in your heatings certain extracts from books of authority, oonlamkif; my pretensions on this point: and tos being not only souud law, but good common sense ; and although you cannot take the law whicn is to govern this ease either from me or from tb^books to which I am about to refer, yon will do»btlee« appreciate the sound conclusions to which tlwso authors have arrived. The learned Solicitor General then read to »ht Court the following extracts firom Wharto* ao. cfj. KO ^^A. P»^tt^ 4 Ka /i>tLaoa iViAXi tftit^li.'* ^ f I, UU, txiir ir» THB TRIAL, 8BNTEXCB, COXVIOTIOX AND " Insanitj imroediatelj produced by intoxica- " tlon does not destroy responsibility where the "patient when siine and responsibie made him- " telf roluntarily intoxicated. There can be no " doubt upon this point, either on principle, pol- " Icy or authority. Drunkenness, so long as it " does not prostrate the faculties, canno' be dis- " tinguished from any other kind of passion. If " the man who is maddened by an unprovoked ** attack upon his person, his reputation or his " honor, be nevertheless criminally responsible •*— if hot blood fofra no defence to the fact of " guilt — it would be a most extraordinary anom- "aly if drunkenness voluntarily assumed should " have that effect independently of all extraneous " provocation whatever. If, as is assumed, or " else there is no ground for the exception, drun- " kennesa so incapacitates the reason as to make " it At least partially incapable of distinguishing " betwee.". right and wrong, or else so inflames " the passions as to make restraint unsupporta- " ble, then comes in the familiar principle that " the man who voluntarily assumes an attitude " or does an act which is likely to produce death " in others, is responsible for the consequences, " even though be had at the time no specific in- " teations to take the life of any one. " As a mere matter of legal policy the same " position holds good. There never could be a " conviotion for homicide if drunkenness avoided " responsibility. As it is most of the preraedita- "ted homicides are committed under the stimu- "lus of liquor.. The guilty purpose is at first "sedately conceived, but there are few men " whose temperaments are so firmly knit as to " enable them to eater a scene of blood without " at first fortifying themselves for the task to be " performed. The head dreads the heart's cow- "ardioe, and seeks to insure against it bydiink. " It will be found in fact that theie is scarcely a " case of violent homicide in which it does not "appear that the defendant strengthened his " nerves for the execution of his guilty plan by " drink: just in the same way that he strength- " ened his hand by the fatal weapon. If there- " fore drunkenness imparts irresponsibility, theie " are not only but few convictions which have ''heretofore taken place which are good, but «' there will be no convictions at all for the fu- «• tare. If the assassin will not take liquor to ; his drunkenness erinun ebrititu €i «' strengthen his nerves, he will to avoid con- '• Tiction. There would be no species of delibe- <' rate homicide under such a dispensation that •' would not avoid punishment. It would be the <' indeliberate only that would be made rospon- <'8ible. The tenor of common and civil law «' authority to this efiect is clear. Even the Ger- " man text writeis, who generally attenuate to so *' wide and thin a texture the doctrine of moral " responsibility, do not undertake to treat drun- " kenness as a defence. Sir E. Coke scarcely " goes beyond the tenor of civil as well as of •' commou iaw writers wiieu Le says : " As for " a drunkard who is voluntarius damon be hath, "SB has been said^ no privilege thereby but what " hurt or ill soever he doeth " doth aggravate it. Omne " incmdit tt dttegit." Baron Alderson said in 1836, " If a man choses "to get drunk, it is his own voluntary act ; it "is very different from madness which is not " caused by any act of the person. That volun- " tary species of madness which it is in a party's " power to abstain from, he must answer for." And this decision is in hwmouy with the whole current of English authority. I can add nothing, gentlemen, to the weight of these words. The/ are the dicta of men to whom every lawyer looks with respect ; and the senti- ments they embody are as just as they are clearly and forcibly expressed. The iinmilnity of our persons from injury, of which we boast as one of the essential and most important characteristics of constitutional freedom would be at an end, if any man could qualify himself, by voluntary in- toxication, to maim or slay us with impunity. But, gentlemen, even the stale of intoxication has not been proved. You have heaid from the witnesses the exact quantity of liquor which the prisoner had taken, and you did not require the testimony of Dr. Robillard to satisfy you that it could have produced no perceptible effect. The utmost that any of the witnesses say is thai they could perceive that he had taken liquor, but not one has been found who could be brought to de- clare that his intellect or his capacity for duly was afl'ected by it. You have been told that no sane man could have shot Sergeant Quinn ; he would rather have slabbed him, and silently escaped. Well, gentle- men, it is impossible for us to enter into the mind of the prisoner and fathom his designs. He may not have intended to try to cocape ; he may have thought that the confusion caused by his shot, and by the darkness would be so great, that he would escape in the midst of it, and such would iu fact appear to have been his expectations— and the pieparation of his bayonet and the retention of a second cartridge would appear toindicate his determination to fight his way out in such cocl'u* sion. But fortunately gentlemen those who com- mit great crimes are seldom succesful in escaping deteition ; providentially great crminalsare nev- er supremely wise or cunning— and their detec- tion generally resulii from some ntiscalculation they have made or some combination they have overlooked. Whatever may have been the pris- oners designs as to escapuig, their insufficiency or futility forms no ground for adjudging him to have been insane. But gentlemen let us apply another test, one which the prisoner himself has afforded us, and one which conclusively disposes of all the preten- sions as to his unconsciousness of his own acts, — The learned Counsel tells you that the prisoner instructs him to say that he was perfectly uncon- scious of what he did, and that he only awoke to such consciousness when hs found himself on the floor, struggling with three men. But how does this agree -yyith the facts: did he not himself , EXECUTION US' ions UAW.'«. 17 few moments after '^f^^'^f'^^T^^ for re- give. Ttis .«" »''* io,ated The learned Judge ing afterwards ^'^^"Jf^.'^^J^^nr'knd moreover, «ure it w.uld "'*,^'>«/j'f^^-a, to murder, man- crimehehadcommiUed a regra tna^ his mission ot an urilaw J") ^^t''*^^^^^^^^^ ,j •«»>«!l..„u....«.lessdetainingyou longer. It Jury had on y to co„ ^ r vv J^^^^^^^ ^ ' *«pntltnen it is useless detaining you longer. It Gentlemen ""« cannot for a moment doubt P'"?" 'ir..Hi._.Tlheiefore Ihat the pr«one( without malic, and wttnom n""^-"., ,b, ,i„, ,„,y had oaly lS:J''ri^„r committed . about. It was for ^b« Pf ''";*[„8a„f,y or uncon- ^as in a »';»^^';",;a .Jake htm irresponsible, sciousness, ^h^^ wouia m .^ ^^^^^^^^ ^^^^ ^^. ^iu!ll!;is\f rtd^^^^^^^^^^^ .Piousness, that -^ ^esU c^ld noTFoVa m^^ of our Institutions ihaj^^^ 'f""'^ a public officer which in a general hm^he'^ \"\g ^^de out a of it. It is no ^^'l^jJ^X'eShi^ case fur- Lent be admitted Tberem"«tji«^^^^ ^^ ^^^ than it 18 yo"'«."«i";y';f";j8ti?e tampered wiih clear case ot i^m was committed, and no suf- ther than the dictates ^^ " ii^^nitreat you, very moment the ^c wa» jommm . ^^^ mercy ^vould lead it. But J^et me .^^^.^^ Vhich fident evidence M.^f ?.,^Sniard especial- ^'^^.r'\ .1°. '.'inu ^the belief that if, in your consciences, ufwn the f'f*"^^' ^^^ ^^h pro- pr^ssjf r3«--^^ V^^V*^*!!. rjfrro^ln"hrpr[souer''s gailt ficient evidence .f '^.^f ?,,» Hobillard especial- prisoner's o>«'«7'^"f "J"i,?d cons quences' could iy, had Pr°Yi^^' be uquor drank by the pris- have resulted from llienquo /^he v/hole oner. The learned Judge «en^ .^^^ «-^--' P?'"^'!;Cw c^nS^d U was in Ivery -Sr ^wThr^^.PS %i^4 -i!^:iS -=S ^veng, and_he or innocence. .J^"?,,^ ^'^rh he Taw, and with nothing to toHhe facts you are he sworn and ;S;:SiuS-'^5Si?Mn.Batisfie.th^^ link: In fact the P-^^l^^" "Y" ^ engf , and be _he determmed upon halving r^^^^K^ had it. His Honor "eveieiy military er's counsel lor d^'ctoe/he^e .^«^^^^^^ the Court, but ot tbe «''^}« y.7/;;ti;fi;d ha h« is er's counsel lor d'-claring -c- ^-- -- -^ the finai judges, /"'^'^fl^^h^im guilty o man- justice in the country, and for his re ^j^^ guilty ot murder y<>« .^"'^ ^J'TV^ok-Ji oath will what was done m the oruer^y ^^^^jj_ Lughter, the ^^^^^'l^l^^lr. to be remarks bfd "^ beanng on the ^ase,.^ ^^ ed for, and most »7"""" . .Uev wou d not— of effect-he sincerefy hoP«d thej ^^^ ^^^^^^^^ ^^ inducing some of the many o^^ Slaughter, the ^««P°"«'.""2_ believing him to be h^;^°4S;t. Jt SS, it^. p;«;^_J«f°« ^:^,i ot1ol°ii pe"Sa",5|2TJ3 L'JrandsUortf r Sfflcers ,^.;.;;-i--;-„-rcould Ld rorcibi, .«p<«»ed '"''■? "^K5,'°_Syou ed the idea that the .i.en oj '^' SThe, had it .iv. word, of the oath V"" "»'« ••,^» „ ,„ ^^ b.ve been k^P^'^^Hh^ilvor of the pmouer : reproav t«hing to he o»^^" j ^^^g ^b- it must be giveri he pn^c^e o ^^ ^^^ ^^^ . .ubmi. t. the U-., »..J e 'Yo,iou/c Sutton pared to,«y. bat the P'^^^'."/,',* mide.- «a. Tied out in Ihe 'fl ij;',;f„|5 ,„„„(„. Because 1 to one o'c ock on he moi^^^^B^i^j^^ ^.„ „„, „( ,he :rhil."v»vSoi b«ba".¥B., ttat «.^» ,ea.un | in.ane.-A vetdtac. m-..- - 20 ExtcunoN or joiim mawn. ' the hour appointed, there was nothing like » Tfowti ontBide the prison ; scarcely a ft male was to bo seen, and of respectable rualej", there were Tcryfew. Nor did the soldiers tuin out in the numbers aniicipaied. There was a sprinkling of redcoats among the spectators, but very meagre : lit looked as if when their comrade was handed over to the civil power, they had abandoned all interest in his fate. Such as assembled outside tbe prison were grave and ord^ily, except for a . few moments after the drop ffcli. Then some one rAised a shout of " run, run," ajd the people, n«anic-strickeo, took to their heels ; but we have tieard of no accident resulting, nor do we believe • tKcre was any. Inside the prison every thing » 'was conducted with decency and in order. The ; 'Unfortunate man who since his sentence had slept well and eaten well, was only watched during i. the last night he bad to remain on earth. The -sReVi M. Toupin sat up with him, and several of "the nuns, who have been more or less with him 'during every day since sentence was passed. - Mawn conversed with them freely; expressed 1 ideep contrition for his crime, and said he only i prayed he would Bufifer enough to make ample atonement for it. This, indeed, was the burden - of big desiies until his last momenta. He spoke *i