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 PATRICKJ.WHELAN 
 
 J. , 
 
 FOR THE MURDER OF 
 
 THE HON. THOS. D'ARCY MCGEE 
 
 WITH A PHOTOGRAPH OF THE ACCUSED. 
 
 REPORXED FOR THE OTTAWA TIMES BY GEORGE SPAIGHT, ESQ., 
 AND REVISED BY A BARRISTER IN ATTENDANCE. 
 
 OTTAWA: 
 
 G. E. DESBARATS, PRINTER. 
 
 1868. 
 
 
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 .1. .' 
 
 
 TRIAL OF PATRICK J. WHELAN. 
 
 ,:.ii-" j.r. -I- 
 
 i»jiTilic^'"J. Wflttiy-'^B born near the city of Dnblitt ttbdtitthe'yeAr 1840^ At 
 14 years of age, lie was bound apprentice to a tailor in Dublin, with whom he 
 served the full tonn of his apprenticeship. After learning his ti-ado md obtain- 
 ing his majority, he seems to have led a wandering life, travelling to and fi-o and ' 
 working in several of the principal towns in England ; and his rf^tless disposition 
 finally led him to seek fresh adventure and better fortune on this side of the 
 Atlantic. His arrival in this country was probably about the year 1865, and the 
 first traces of his movements were in the latter part of that year, in the city Of 
 Quebec. In that place he seems to have worked somewhat industriously at his 
 trade, and in the beginning of the following year he joined the Volunteer 
 Cavalry. On the breaking out of the Fenian excitement his sympathies seem 
 to have been in favor of that organization ; and being unable to restrain his 
 feelings, he was led into the commission of some rash act which brought him 
 under the notice of the authorities. He was arrested, but from want of 
 evidence, he was allowed to depart unpunished. "VYe next find traces of him 
 in the hot-bed of Fen'anism — ^Buffalo — and possibly he had some connection 
 mth the band of marauders who left that city in June 1866, bent upon the 
 destruction of the British Empire, using Canada as their base of operations. 
 
 It is supposed that he afterwards appeared in Hamilton. The papers of that 
 city give an account of a tailor who appeared there in the latter part of 1866, 
 who was a fuU-blmvn Fenian, and who, for using treasonable language, was 
 arrested and afterwards liberated, and the description given fully answers to the 
 appearance of Whelan. Frrm Hamilton he ajjpears to have again gone to 
 Buffalo, and from the latter place he went to Montreal where he remained for 
 about twelve months and worked in the establishment of Mr. Anderson, While in 
 Montreal he entered the matrimonial state, choosing for his spouse a lady who 
 was of undoubted respectability and possessed of a .snug property ; and who is, 
 according to the statements of the witness Turner, about thirty years his senior. 
 The union, as far as the lady was concerned, was an unlbrtunate one. ThQ pri- 
 soner has impaired her property, and by his manner of life and associations has 
 given her much cause to grieve. His strong Fenian proclivities led him to asso- 
 ciate with that element of the Msh party in Montreal, whose proceedings in 
 connection with the St, Patrick's Society, 'rere marked with suspicious circum- 
 stances. He was a prominent member of that society ; and it is probable th&t 
 his hostility towards Mr. McGee took dee}^ root in his heart owing to the uncom- 
 promising exposures which the deceased made of the doings of the Society. 
 
 In the fall of 1867, Whelan came to Ottawa, and while h<^re His associations 
 iave been such as to stamp his character with the very strongest suspicion. As 
 to personal appearance, "Whelan is by no means a bad looking man, but is a 
 ]3erson of violent temper and sti'ong impulse ; and his expression of countenance, 
 which bears the indelible furi-ows of passion, fully bears out the accounts which 
 are given of him in that respect. As point after point of evidence was brought 
 out during his trial, his uncontrollable restlessness of body, his constant turning 
 of the head, his knitted brows, his staring eyes and twitching mouth, gave 
 evident marks of his anxiety. ,, 
 
 lit 
 
 Monday, 7th September, 186S. 
 
 Before the hour appointed for the opening of the Court, quite a number of 
 people had g^vthered in the neighbourhood ; but to prevent overcrowding, it 
 had been wisely arranged by the ^eriff that admission should be gained only 
 by ticket. 
 
 At about half- past nine o'clock the Hon. Chief Justice Richards, preceded 
 by the Sheidff, entered the court room, and the crier thereafter opened the 
 court in due form. 
 
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 Around the bar were seated James r)'Rellly, Esq., Q. C, who appeared for 
 tlie Crown ; the Hon. J. 11. Cameron, (}. C, lion. M. C. Cameron, Q. C, Kenneth 
 McKenzie, E»q., Q. C., prisoner's Counsd, wiUi whom w^,'re nssoeiftted, ?. J, 
 Buckley, Esq., BarrUter of this city, and, unofficially Ijub most actively, and no 
 doubt efficiently, John O'Farrel, Esq., of the Quebec Bar. 
 
 There were also present the Hon. Col. Gray, M. P., His Worship the Mayor, 
 His Honor Judge Armstrong, His Honor the Police Mftgistrate, J. M. Cumer, 
 Esq., M. P., R.'W. Scott, Es(i., M. l\ P., Robt. Lyon, Esq., M. P. P., and a large 
 number of the members of the Ottawa Bar ; besides Major Alexander, Colonel 
 Coffin, Major Moore, and later in the day, the Hon. Mi'. Mitchell, with many 
 leading citizens, and others of note who evinced a deep interest in the pro- 
 ceedings. 
 
 The Clerk of the Court called over the panel of peiii jurors, almost eveify 
 one of whom answered to their names. 
 
 At the instance of Mr. O'lieilly, tlie Crown witnesses were then called, and 
 <lue i>roces3 entered for the protluction of a few absentees. 
 
 The prisoner, Patrick James Whelan, was brought into Court, as on the 
 occasion of his arraignment, in charge of Detective O'Neill and four policemen, 
 preceded by the Governor of the gaol and the Deputy Sheriff, and secured aa 
 before with " the nippera " on his wrists. Whelan walked with a jaunty step 
 across the yard of the Court House and up the steps, coming into Court with a 
 countenance somewhat paler than before, but otherwise unchanged. He wore 
 an irreproachable, well brushed black silk liat, black frock coat, white vest with 
 narrow gold cliain and black pants. He watched the proceedings with great 
 appai'cnt interest, but very little change of countenance, though when one of 
 the jurors was cliarged by his Comisel with having said that if on the jury " he 
 would hang him," he certainly did give the juror in question one of hiij sternest- 
 looks. 
 
 On the Clerk calling upon the prisoner to stand up, he responded, " Yes, 
 
 sir, 
 
 and being asked by the same functionary was he ready 
 
 for 
 
 trial, he re^ 
 sponded, after a moment's pause, "I am, sir." At this time, as generally 
 thl'jQUghout the proceedings, there was great stillness in court. 
 
 •!o;k Summoning the Jury — Interesting Points in Procedure, &c. ^.j y,-,;;;,,^- .;! 
 
 "V)h-'the Clerk's proceeding to empanel the jury, ' '^^' '""'"'" '' ' 
 
 Hon J. H. Camerox addressed the Court, and said he wished the full jury to 
 be summoned to the box before any challenge would bo made, and tliat the 
 prisoner have the right of challenge on each juror's being presented with the ' 
 book to be sworn. "'^ ^ •^^ '.^^ _ ' ' -' 
 
 The Court— Wliat have you to say to that, Mr. O'Reilly f '' '* " ' ' *' ■" i^ 
 Mr. O'Reilly— I think this is quite an unusual course, in our courts, your ' 
 Lordship, and I would ask the learned Counsel if he has any authority to pite : 
 
 in its favor ? ^ ^ \ . ■, . ^ ,. ■, > 
 
 Cajieron, J. IL — This is the correct course, and I dcsu'C the pomt to b© 
 
 l)rought before the court. He then cited his authority. 
 
 Mn. O'Reilly- -The panel has already been called. , M, , . , - ^ -t 
 
 Cameron, J. H.— Only to see if the jurors are all present" lii'cOtiVt, but' toy'^ 
 
 object is to have the full jury in the box, before being called upon to exerOise ■ 
 
 tlic prisoner's right of challenge. 
 
 The Court read the authority, shewing that this course liad been followed ' 
 
 in the English Courts, and explainetl at the same time that such had not been ' 
 
 generally followed in this country, challenge being usually made when the juror 
 
 was called. 
 
 Mit. O'Reilly— Of course, if this rule is adopted, the Crown will have the 
 
 same right as the defence. ''\ 
 
 Camhbow, J. H. — Of course. .-Ji ^itifj lihunlbcsi! ' 
 
 The Clerk proceeded to call the jurors, when the following answered to thehr f 
 
 names, r-nd took their seats in the box : Alexander Huston, William Boucher, 
 
 Riohai'd Smith. Robert Smith, Thomas Morland, Laurie Alexander, Robert Little,, 
 
 John Fudpa, Richanl Kempt and WilUam Purdy. 
 
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 On proco<Kling to administor tho oath to this panel, the foUowing jurors 
 were peremptorily challenged by the defence, viz : 
 
 A. Huston, Boucher, Alexander, Little, Kempt and Hugh Huston — 6,t 
 
 By the CroTrn the following were ordered to " stand aside," viz : Pbtt'er, 
 Richard and liobert Smith, Morland and Fudpa— 5 j and William Purdy was* 
 duly sworn. ..^ 
 
 The aerk then summoned tho following : '■^" ' "" " " •'■'•'•>'?«•—>'•' >' 'W'^"^ 
 
 Robert Hood, Thomaft Weatherloy, Wilhftm Morgan, Patrick Mears, Jo^m 
 Cosgrove, Wm. llowatt, Robert W. Brown, John Ecclea, Patrick Daly, junior, 
 John Wilson, junior, and Wm, Hodgins — 11. 
 
 The defence ch"411(>nged the following, viz: Hood, Rowatt and Hodgins — 3. 
 
 Tho Crown challenged or " set aside" — Mears, Cosgrove and Daly — ti. 
 
 The following were duly sworn : Thomas Weatherley, Wm. Morgan, Robert 
 W. Bro^vn, John Eccles and John Wilson, jr. — 5. 
 
 The clerk then e>*illed — Matthew Heron, Wm. Wilson (Huntly,) John 
 Weathers, Albert Clother, David Hartin £fhd William Arthurs — 6. 
 
 Of these were challenged by the defence : Wilson, Clother and Arthurs — 3. 
 
 By the Crown, Weathers and Hartin ; and Matthew Heron was duly sworn. 
 
 There were still five jurors lacking to complete tho panel, and the following 
 jurymen were called, viz : Charles Brunette, Patrick Manyon, Jonatlian Sparks, 
 Wm. Gamble, Patrick Ba"tei^-5. ' ' ' 
 
 The. Crown Bet aside Brunette, Manyon nnd Baxter — 3. 
 
 ■ , A Ciiailengefor Cauaei '..'.■•.,--,:■'};•■",' ■ 
 
 t: Cambtron, J. H., claimed that tliough the defence had not exhausted its 
 right of peremptory challenge, it desired to test the point ^^'hethe^, at the option 
 of the prisoner, he could not challenge for cause. He therefore desired to 
 challenge Jonathan Sparks for ca-use. 
 
 Mr. O'Reilly — Did not think that prisoner had the right to challenge for 
 cause until his right of peremptory challenge was exhausted. Had the learned 
 Counsel any authonty to cite in favor of his claim ? 
 
 C'AMERON, J. H., had no authority, but wished to obtain tho ruling of the 
 Com't, and therefore challenged Mr. Sparks for cause. -: ■ H^--'^ .; ^ ^ ;, ^ ,.^ ,^ 
 
 Thb Court — For what cause, Mr. Cameron ? ^"' 
 
 Cameron, J. IT. — ^I'hat the juryman in question is not indifferent. He has 
 said that if on the jury he would hang the prisoner. 
 
 The Court suggested that the Crown should put in objection to right of 
 challenge for cause until right of peremijtory challenge was exhausted, and 
 that the defence should put in demvirrer on which he would give judgment. 
 
 Mr. O'Reilly then filed his objection to the claim, and Mr. Cameron put 
 in his demurrer, upon which the Court delivered judgment on demurrer, hold- 
 ing that the prisoner not having exhausted liis right of peremptory challenge 
 had no x'ight to challenge for cause. 
 
 CAMEROif, J. H., intimated that if the prisoner's right to jf)er'emptoriljr 
 challenge twenty wei'e exhausted, he would take the opportunity of bringing 
 the point up again. 
 
 The Judge explained to Mr. Sparks on his leaving the box, that at that 
 stage of the proceeding there was no need of his saying anything, because the 
 ruling of the court had been on the broad principle of law, regulating the rights 
 of the prisoner, and not on the question of the truth or falsehood of the state- 
 ments said to have been made by him. 
 
 Mr. Sparks then stepped aside, as .challenged peremptorily by. defence, 
 and WiUiam Ganible was duly sworif.' ' ' '■'"■,, «'u Vi J.Zu^,-yjc , . . 
 
 ■ i'-^TimiAnoiher Challenge for Cause. "'"'Hlli^ ' 
 
 Four jurymen were' still wanting, and the following were called and seve- 
 rally challenged, viz : Albert Derrick, by the Crown i.and ■John Beamen, James 
 Rolston and John White (3) by the defence. iivii ..ii f-r, i r.v ^ :^ ■ -. 
 
 The next attempt was no more suecessfid, orift/jtrrrtr having Tjiien called t^ 
 a wrong name, (Glenning instead of Glenny) was told by the Court that he need 
 1* 
 

 not answer, and tbo following, 
 James Gilchrist tind James Watt, 
 
 viz: William Wilson (Fitzroy). William Croskery, 
 t, (4), wore cliallongeil by the defence. 
 
 The following jui'ors wore then summoned by the clerk, viz : (ieorgo 
 Cavanagb, James Tierney, Robert McDaniol and Benjamin Ilodgins (4). 
 
 The defence claimed the right to challenge another juror, without cause, 
 but it being found that (including Mr. Sparks) twenty had already been chal- 
 lenged peromiitorily, this was refused, and 
 
 Hox. Cajikron, J. II., challenged George Cavanagh, for cause, in that hehi*d 
 expressed an opinion as to the guilt of the prisoner, and required that tho 
 jiujTnan be examined. ,, 
 
 Mr. Cavanagh was thereupon sworn, and tlie Uon. J. H. Cameron examined 
 him. 
 
 CxMEnox, J. II. — Have you ever said that the prisoner at the bar was 
 guilty oi the crimo of which he stands charged ? 
 
 JtJROu — I have not. .h^vl^ ■•;i i' 
 
 Cambron, J. II. — What have you said in regard to this case? 
 
 JuROii — I said that, according to wlwt had a])pearcd in the papers, it looked 
 like it. 
 
 TuK Court — Have you made up your mind as to what verdict you ought to give ? 
 
 Juror — I have not made up my mind either way. 
 
 Mr. O'liEHvLY — The juror bad said only tLat from what be bad seen in the 
 public prints, it looked as if the prisoner was guilty, and if such an expression 
 of opinion, upon mere newspaper reports, was a valid objection, then the wholo 
 people of the country might be similai'ly objected to. 
 
 In reply to tbo Court, the juror stated that he bad not formed any opinion 
 upon the actual guilt of the prisoner, and that bo was prepared to listen to the 
 evidence be might hoar on tlio trial, and judge of it independently of what her 
 bad read in tbo newspapers. . ./■^., ,. .,i . 
 
 The Court — I lave you any otlier evidence to offer, Mr. Cameron? ; ; ' ■ 
 
 Cameron, J. II. — Xo, My Lord, the statement made by the juror tint the 
 case, as reported by the i>aperfl, looketl like as if the prisoner were guilty, was 
 Skil tnat he bad to ofi'or, and that had been admitted. 
 
 The two first jurymeii^ William Purdy and William Morg.m, were then 
 sworn as " tryenv' and bis Lordship briefly explained to them, tbo case they had 
 to determine, viz., whether Cavanagb is an indifferent and fair juror, in tact to 
 try the issue. lie then recited the statement of the jm'or, arid invited them ta 
 retire and talk the matter over between them, and then to inform the Court of 
 their decision. 
 
 After a brief retirement the " tryers" returned to Court, and gave their 
 finding that Cavanagh was unobjectionable. 
 
 George Cavanagb was then duly sworn in as juror. James Tierney was chal- 
 lenged by the Crown- Robert McDaniel was sworn in, and Benjamin Hodgins- 
 being called to bo sworn, the Hon. Mr. Cameron claimed the right of peremptory 
 challenge as against him, because the defence bad been compelled to chaUengo 
 Jonathan Sparks without cause, when prepared to do it with cause. ? ;. t ,U!\'i:.> 
 
 The Judge took a note of the objection, and Hodgins was sworn. 
 
 There being but one juror now required to comiilete the panel, Samuel 
 Conn was called and sworn in, without objection from either side, uj ,,,., ,►,,,-; 
 
 The Jury. 
 The following twelve "good men true" then answered to their names as 
 
 Thomas Weatberley, ■ ' ' John Fccles, ' ' ' ' hnu 
 George Cavanagb, Benjamin Hodgins, 
 
 Robert W. Brown, ,i">i John Wilson, '*' 
 
 Robert McDaniel, ^^ j ^- ^ ^^amipj, 9?^ 
 
 being 
 
 viz; 
 
 "sworn,' 
 
 William Purdy, 
 Matthew Heron, 
 William Morgan, 
 Williaiii Gamble, 
 
 *iXi;if-l j.'i-t^.-'^.-v/jtvMi 
 
 2%e Indictment. ■. t i.fo.i} /. 
 
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 >ii / (w»'lyl."^tiflfi.» V 
 
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 The Clerk read the indictment as follows : 
 County of Carleton, ) The Jurors of our Lady the Queen, upon their oatbg 
 to wit : ) present, that Patrick James Whelan, oa the 7tU day of 
 
 I 
 
5 
 
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 ■>m 
 
 'i'Hi 
 
 April, in the year of (Jur Lord, 1868, at the city of ()tta\va, in tho county of 
 Carleton, did, feloniously, wilfully and of his niivlico aforethought, kill ami mur- 
 der one Thomas D'Anry McGee. — A truo hill. 
 
 Crown Witnesses. 
 
 . ' At the instance of the Hon. J. IE. Cameron, the witnesses for the Crown, 
 except the physicians and souio officers of the court, were calhtl, and removed 
 from court in chaj-go of a constable, to the clerk's room. The following 
 answered to their names ; William Trotter, Mary Ann Trotter, John Jordan, J, 
 B. Lacroix, A. J. Turner, James Inglis, Joseph Faulkner, John Joseph McGee, 
 (brother of the late T. D. McGee,) Mrs. McKenna, John McLaughlan, Edward 
 Starr, William Graham, L. IJoy Dosjanlin, Andrew CuUen, E. J. O'Neill, Fred. 
 Davis, Kobert Hess, John Dolan, Elizti Tiemy, John Little, Paul Frechette, John 
 Down, Jane Tynan, B. UoUbrook, which, with the coroner, the physician:^, and 
 H lew othera, make up the number of Crown witnesses to thirty-two. 
 
 The Proseimtion — The Case stated fur the Crown. 
 
 Mr. 0'Rrii.ly, being called upon by the Court, stjited the case for the Grown, 
 commencing as follows : May it please your Lordship ; gentlemen of the jur" : 
 The prisoner at the bar stands charged with the crime of murder, and the iim 
 guage of the indictment, which is plain, tells you who the pei'son murdered 
 waj. That language, he continued, ran thus — that Patrick Jolm Wholan did 
 on the seventh of April last in tliis oity of Ottawa feloniously, wilfully, and with 
 malice aforethought, kill and murder one Thomas D'Arcy M iGee. The crime 
 of murder, as understood by the authorities, and as defined by Lortl Coke, 
 consisted iu a party unlawfully, wilfuUi', and with malice aforethought, killing 
 a person of reasonable discretion living under the King's peace. It was there- 
 fore necessary, to establish the cliarge of murder, that the Crown should prove 
 all the allegations set forth in the indictment, and fix their guilt upon the pri- 
 soner at the bar. First, that the death was unlawfully caused, secondly, that it 
 was the result of malice aforethought, aad thirdly, that it was that of a reason- 
 able being living in the King .. peace. At the present stage he would simply 
 narrate the history of the tragedy in as few words us possible. The only object 
 the Crown could have in tracing out this murder was tliat of bringing its guilt 
 home to the guilty party, and ascertaining who the murderer really was, and 
 if the evidence to be adduced shewed the prisoner to be the party it would be 
 the duty of them, tlie jury, to find him guilty. If the evidence failed to bring 
 conviction to their minds it v/ould be their duty, their pleasant duty, to acquit 
 liim. God forbid that in the trial of this case, or of any case where a human 
 being is on trial for his life, a subject of the Crown should in this our country 
 be found guilty, except on the clearest evidence. It was well known to them, 
 and, not only to them, but to everybody, if not within the Queen' s whole domi- 
 nions, at least within the Dominion of Canada, who Thomas D'Arcy McGee was. 
 On the seventh of April last he was attending his Parliamentary duties here, 
 and on the evening of the sixth was present, in good health and spirits, m his 
 place in the House of Commons. On that occasion a most unportant question 
 was imder debate, and Mr. McGee delivered, he believed, one of the most 
 eloquent speeches ever heard within the Chamber. At about half-past two in 
 the morning, after a long and anxious Session, Mr. McGee left the House for 
 his lodgings in Sparks street, accompanied by Mr. Robert MacFarlano, M. P., a, 
 gentleman of distinction at the bar of Upper Canacla. At the corner of Met- 
 calfe street Mr. MacFarlane left him in the bright moonlight, which made the 
 night almost as bright as day. Mr, McGee then turned up Sparks street until 
 he j-eached nis lodgings, in the house kept by a person named Trotter. It was 
 charged against prisoner at the bar that he had been in the House of Commons 
 on that s;une night, and liad left before Mr. McGee, and waited for him, con- 
 cealed in a gateway near his lodgings. That, when Mr. McGee passed his place 
 of ambush, the prisoner followed, going out into the street, and, when Mr. 
 McGee was opening the door of his lodgings, had come behind and shot him 
 through the back of the neck, the ball passing out through his mouth, and 
 eao-i-j-ing away bome of lus teeth. That Mx". McGee liad, in consequence, died 
 
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 ulmOBt instantly, within, in fuot, a low socoiuIm. Ay<\ in Iohs tlian one minute, 
 in less than sixty hhort HccontLi lU'tur thiit fatal liot wua tired, tho soul ot' 
 Thomas D'Arcy McCJeo Htood before his Maker. It wuh cliai'^rd that the pri- 
 BOner was the person wIjo tired the shot, and ho (Mr. OReilly) undertook to 
 prove in evidence that lie was the cniiHsaiy of a conspiracy of wicked '^^en, 
 whose nefarious plot had been hatched in Montreal, their first liellieh :Kjhemo 
 liaving been to IciU Mr. Mc(iee in his own house. T hnt tlie prisoner had, in 
 fact, gone for tliat pui-poso at night to Mr. McUeo's liouse, when the door war, 
 oi)(inod to liim by Mr. McOee's brother, who was there in court to give his evi- 
 dunco. The prisoner alleg(Hl on that occasion that ho had come for a fi-iendly 
 puvpoao, namely, to give intelligenca that the house would >)efire<l at four A. M. 
 that day. tSeeiug that his errand j)urported to }»e of this fViemlly natuio, Mr. 
 McGee received the prisoner in liis library, joung Mr. McG<'G having locked tho 
 front door after admitting him. Mr. MofJoo believed the prisoner's warning be- 
 cause at tliat time, uafot tunately for tho city, there was a strong political feeling 
 existing, and anunosity ran higii between two parties, of which Mr. McGee lea 
 one, ana Mr. Devlin tho other. Mr. McOee coasequently gave prisoner a note 
 to take to the police, informing them of t!io projocted incendiarism. This waa 
 at about 2 a. m., and prisoner, idthough lie had been so anxious for Mr. McGeo's 
 safety and protection, first appeared with it nntl dcliv ;red it to the police at 
 4-45 a. m., and this, althougli the crime against which it carried a caution, and 
 against wliioh he desired to guard, was, by his own statement, to have taken 
 place throe quarters of an hour earlier. At this very perio<l it could ue proved 
 that violent language had l)een used by the prisoner against Mr. McGee, whom 
 the former had charge<l with being a traitor to his country, as having received 
 tb*^. pay of traitors, a. 1 as deserving to receive the death of traitors. Too well, 
 if they believed the evidence, would they find that such threat had been carried 
 ont. It would be proved also that at meetings held shortly before this occur- 
 renoe at the house of a party in Montreal, where prisoner and some of his inti- 
 timate assooiaUw resorted, one of the parties present had addressed prisoner by 
 the name of Sullivan, saying " Sullivan is the man to do tho deed." That when 
 Mr. McGee came up to his parliamentary duties in Ottawa, the piisonev also 
 made his api)earauct' heie — tlie fiist occasion of his ever doing so. That when 
 Mr. McGoe, from sickness, went home, prisoner also left Ottawa, returning sub- 
 so^^uently after Mr. McGee's recovery and return. These visits to Ottawa were 
 paid notwitlistanding the fact that prisoner had emj)loyment in Montreal, at liis 
 trade of tailoring, at good wages — he was, it was said, an excellent workman — 
 and that his house was in Montreal where his wife lived constantly, and he was 
 himself comfortably establishc<l. Still he, who had no need for other occupation, 
 they found coming up coincidcMitly witli Mr. McGee to Ottawj), and taking em- 
 ployment with Mr. Eagleson, a merchant tailor here. The prisoner was found 
 attending the House of Commons constantly while Mr. McGee was in his place 
 there, but not while Mr. McGee was sick or absent. It would be proved that in 
 November, or i^erhaps in October, he had purchased a pistol, with which he had 
 pmctised shooting, and, if the evidence which ho would adduoe \vere true, he 
 became undoubtedly an accomplished shot. On the night preceding that of 
 his murder, Mr. Mo(i6e was speaking in the House ; and prisoner was pveseni, 
 in the gallery with a jjistol in his pocket, and was seen so armed by a gentleman 
 whom he would produce, who was himself in attendance at the Capital as a 
 witness in the Kamouraska election case. On tho night of the mui-der, prisoner • 
 was also in the gallery, entering about nine p. m., and frequently going in and 
 out with much restlessness. It would be proved that the prisoner was noticed 
 in the gallery while Mr. McGee was speakmg — while he was delivering tl;krtt last _ 
 speech that was now famous. That speech was with regard to the proposed ' 
 recall of Dr. Tupper, a gentleman who had co operated with himself in bringing 
 about the Canadian Confederation, and this recall, Mr. McGee said, would be 
 like striking a man below the belt. The prisoner then gnashed his teeth, and 
 shook his hand menncingly, of which evidence would be laid before them. The 
 prisioner afterwards occupied other positions in the gallery, and he (counsel) 
 tewed that he had accomplices even there. He was, in fact, observed convers- 
 
 1 
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ing with a poi'^on n<?>ftr him, anil with oUipit* )>hintl. IMcv on when Mr. MofJtSo 
 was about leaving the Houho, piisonor was again Hoon, this time concealing luin- 
 flelf behiml a pillar near the entnmco, ami watching for Mr. ]\r«Oee's egresa. 
 
 • There was no doubt as to his proHenoo in the Houh'^ up to its a<^l{ournment; 
 what ho did with liimself aftorwanls thoj' would have ns reporte<l by himi^Hf. 
 The prisoner'H own Htiitomont on thin point wbh that ho did shoot Mr. McGe»), 
 and this woiild bo repeated to tliom by witnesses from whose lips he (counsel) 
 preferred that they should hear it without his anticipation. Beyond all that ho 
 would prove by a witness named Tiacroix, a Frenchman, that the latter had 
 
 • Been the shot Hre<i. This witness wouM desonho the prisoner as he who fired 
 It, would toll the circumstances under which it was lired, and would relate the 
 entire occurrence in such a manner, as to leave no doubt whatever, in case thoy 
 believed him, of the guilt of the prisoner at the bar. But, oven if they chooso 
 
 'to set aside this evidence there was still ample to support the case for the Crown. 
 The selection of the prisoner for a certain act ; his close following on the track 
 of the murdered statesman; his being among the audience of Mi-. McOce's Inst 
 speech, and there publicly and audaciously pointing his finger and gnashing hi.-* 
 teeth, wliilo the latter was plending the cause cf his cotmtry, and probably then 
 »nd there determining that his victim's soul should bo thot night in Elysium. 
 These were the leading points of the evi<lenoe, which, if they jelievetl, tljoy 
 •TOuld give ft verdict accordingly, under the obligation of their oath, ami tho 
 obligation of their conscience. 
 
 At tho conclusion of the learned Counsel's address, the Hon. <J. H. Cameron 
 foMiially repeated his demand for right peremptorily to challenge the juror 
 Hodgins. Mr. (J'Reilly demurring was sustained by the Court, by whom tho 
 *)oiiit was entered on the recor<l. 
 
 The subjoined testimony was then offered for the Crown, Mr. O'Reilly cxa- 
 aiming all the witnesses. 
 
 4fs«tn%s. M(U »; The Eddenc.. wu '-^z 
 
 
 i .it! 
 
 Paul Fukohettk, sworn — Was in tho city on tho 6lh April last, employftil 
 in the Post Office of tho House of Conuaons. RecoUocts tho i>vouing of the (ith. 
 The House was then in .session, adjourning, as ho thinlis, about a quarter, or 
 twenty minutes, past two, on the following morning. 
 
 To TUB CouET — Was in the llouso at ! he time of its atljournnicut. Meruis 
 the House of Commons of the Dominion. 
 
 To Mil. O'Rkim.y — Vv'itues.s saw Mr. McGeo after the adjournment, walking 
 with Mr. MacFarlanc down the centre boaul walk from the main entrance, and 
 about half way from the building to the gate, leading to Wellington and Met- 
 calfe-streets. Witness was then behind both gentlemen. 
 
 To THE Court — When witness left the house he observed that Mr. McGo(» 
 and Mr. MacFarlanc were in fron^ f him, having left just before. Parted from 
 Mr. McGeo's vicinity at tlie ooniei of Metctdfe and .Spa^fks streets, witness going 
 on straight thence to Ids house on Queen-street. Mr. MacFailane left !Mi'. McGeo 
 just before witne.ss did, at the other corner of Metcalfe and .Sjjarks streets, going 
 towards the Russell House, while Mr. McGee turned Simrks street, westwards. 
 ,.^, To Mk. O'Rkilia' — Mr. McGee crossed Sparks street to the south side. 
 ^W To Tmi Court — ^There are two fronts to Russell's Hotel, one looking to 
 Sparks and the other to Elgin streets, which are at right angles. Metcalfe 
 street is tho streot which witness came down. 
 
 HoK. J. H. Cameron here explained the topography of some of the sti-eets 
 referred to, plan of which was handed in. 
 
 Witness continued— Mv. McGec proceeded from the corner alone towards 
 Jtii? lodgings on Sparks street. 
 
 ; ,; To THE Court — He was walking towai'ds the Canada Gazelle Office — i e west- 
 wards, f^-gnq «f! 
 
 The Court — Are these buildings marked on the plan, Mr. O'Reilly* ^ ".,,.^ 
 i'^^, Mk. O'Reilly — Yes, my Lord. They are there called Desbarats' Block, part 
 of which is maa'ked as in occuimtion of Mrs. Irotter. 
 
 Wttnens continued. — ^Mr. McGeo was alone. It wac a moonlight night. 
 When witness overtook Mr. McGee in going from the Parliament Buildings he 
 
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 (witness) Avas accompanied bytiie two Buckleys, Jthn nnd Pat, aud by aaofciiier 
 me?S(ipgei' nanicKl Brice. .(,,, „v>m 'W. 
 
 To THK C/OUKT — ^Tliese parties witness left at the corner of Mv^-calfe and 
 Queen streets. Brice and Buckley were in front of witness, and nearer to Mr. 
 McGee. 
 
 To Mr. O'Eehja' — ^They were all employees of the House, and all partetl 
 front Mr. Mc^iee at tlie comer of Sjjarks and Metcaue streete. Witness then 
 lived at Mrs. liobitaillo'n, on the south side of Queen street, and turned thither- 
 wards at the co»-ner of Metcalfe and Queen, tLe Buckleys and Brice going on 
 straight towards their home on Metcalfe street. This must have been about 
 f.ve or six minutes after the adjournment. In seven .or eight minutes after 
 (adjournment) witness heard a shot. As they parted with Mr. McGee at the 
 cc.ner, young Buckley said, " Good night, Mr. McGee." Mr. McGeo said, 
 " Good morning — it's morning." Left the Buckleys and Brice at the corner of 
 Queen and Metcalfe streets, and when ho had got near Mr. Steele's (next where 
 he was boarding) heard the report of a revolver shot. Cannot say exactly how 
 long after parting from Mr, McGee. It would about have given him time to get 
 to his boarding house, which was nearly opposite witness's. When he left Mi'. 
 McGee, the latter was apparently in good health. Did not ^ee Mr. McGee that 
 night again, living or dea*^. 
 
 Cross-examined hy lion. J. H. Cameron — ^Thinks it was from 2. 15 to 2. 20a. m. 
 when the House adjourned. Did not remain any time after. Left immediately on 
 ac^oxtrnment. When he laft there were some menibers in the hall. There were, 
 as usual, a number of members walking down. Tlie night was not cold, what 
 might be called a mild night. Did not see any body behind witness. Ix)oketl 
 when he got outside the gate, and saw nobody, but had left people ii» the haU. 
 Came out of the main entrance. Did not see any one standing there, nor car- 
 riages ; if there had been any they had gone. Left tlie House with Mr. Godin, 
 M. P., who left witness immediately after leaving the terrace by the diagonal 
 walk towards Elgin street. Then joined the Buckleys, Mr. McGee was walking 
 slowly with Mr. MacFarlano down the board walk in front, and witness' party, 
 accommodating their pace in consequence, walked down the west side of 
 Metcalfe street. Mr. MacFarlane parted from Mr. McGee ojjposite Hun ton's 
 store on the north side of Sparks street. 
 
 To THE Court — ^Walked down Metcalfe street, on the right hand side. 
 
 To Hox. J. H. CAMiiRON — All crossed (after Mr MacFarlane had turned 
 eastward) Sparks street together. Did not stop at the further ccner, where the 
 ' good night " passed. Went on at the same side, travelling ..ster after they 
 left Mr. McGee at the corner Parted v.-ith the otliers at the corner of Queen 
 str jt't. Did iK't dehy, and continue J to walk briskly. The place witness was 
 then living was pretty nearly directly in rear of Mr , Trotter's, and considers 
 thiv.^, at his pace, ho had arrived at his lodgings at about the same time as Mr. 
 Mc«Tee at his : Mr. McGee walked -.s though lame, with the aid of a stick. The 
 night was b"ight moonlight without clouds, and he could see to a great distance. 
 Did not return in consequence of hearing' the shot. Looked round and ;?aw 
 nobody, and then went up to bed. At Ilunton's comer witness looked up 
 westward and saw nobody in the direction Mr. McGce waj going. Does not 
 remember if the moon was near setting. From the adjournment of the House 
 till he heard the shot was about seven or eight minutes. Brice lived mth 
 Buckley. Did not see anything of Sir G. E. Cartier or Mr. Gait on the other side 
 of the street. 
 
 Wm. Tkotter sworn and interrogated l^y the Ju(' ,e as to the nature of an 
 oath, stotefl that he was 13 years old, and would be liable to punishment here 
 and after death if he should swear falsely. He theii proceeded to give evidence 
 as follows : Is a 80n of Mrs. Trotter where Mr. McGee lodged, and was employed 
 as page in the House of Commons. Was in the House on the night of 6th 
 April : left about five minutes after the adjournment, which was about 2 a. oi. 
 Mr. Ross, (clerk in Mr. Lindsay's Offl'^e), Mr. James Connell (messenger), and 
 James Kennody (l)age) accompanied liim. all leaving together. They left 
 through the west door and went do^^'n O'Connor streetj crossing Wellihgton 
 

 
 i. 
 
 street, cjime down the left side (east of O'Connor street.) When opposite the 
 door of the Public Works Department, West Departmental Building (side en- 
 trance,) hoard a shot. Those witli liim said they were shooting crows. Witness 
 sai'l " not at that time of night." 'J'he others left him at Wellington street, 
 proceeding westward, witness going on down O'Connor street, towards Sparks 
 street. When he got to Sparks street, and was at the corner, saw something 
 dark at the door of lu3« mother's liouse, on the sidewalk. Thought it was a 
 Newfoundland dog. It was not above a foot from the private lodgings Joor. 
 Witness saw some person with a 1-ght como to the door, which, after a few 
 seconds, witness saw closed, Tlien called out to his mother, and no 'ino 
 answering, continued up towards the Times othco on the opposite side (north 
 side of Sparks street,) from his mother's. Went into the TniKS officv-?, not know- 
 ing meanwhile what the object was, which he ha<l seen. Went up stairs in the Times 
 office, ond told the men working there that something was lying at his motlier's 
 door. The men then came down with him, and found Dr. Kobitaille and other 
 boarders outside his mother's door. Saw Mr. McGee lying on the sidewalk with 
 liLs head to the road, his faco turned ui)wards cn\ei'od with blood, and his hat en 
 his iiead. There was blood on the iidewalJ: smd in the gutter. Mr. McGee 
 appeared to be then dead. Does not know who took up the \)ody for removal. 
 
 Cross-cxamvied by Fon, M. C. Camkrox.— Has no idea how long it would take 
 to go from the Department of Public Works to the corner ot O'Connor and 
 iSparks streets. Saw nothing at this corner but the black object described. 
 Coming down from the Public Works saw nobody on O'Connor street. From 
 the time of his leaving the others saw nobody until he went to the Times office, 
 and disturbetl those there. Saw no one at the door of his mother's house, and 
 only knew it was opened from having seen the light. Is certain that he was 
 opposite the centre of the Public Works Department vfhen he heard the shot. 
 Could not see O'Connor street from tliere. Did not notice anybody outside the 
 buildings on leaving. There were some people going towards the Eussell 
 House, but rritness could not tell who they were. Could not, from the O'Connor 
 street corner, recognize wliat was lying bn the sidewalk, and did not know that 
 it was Mr. McGee until after having been at the Times office. Recognized the 
 bofly when within ten feet. Could not previouslj' distinguish the color of the 
 liat. Saw noboily on the west side of the parliamentary grouiuls. When coming 
 down witness' party di'i not stop to talk. Followed the west side-walk right 
 down to the gate. 
 
 To tlie Court. — Some persons had gone down the west side ten minutes 
 ; before witness left. 
 ., . To Hon. M. C. Camerox. — One of these was Mr. MoCartliy, a messenger. 
 
 Mary Axx Trottku sworn. — Lives on Sparks street, lias done so for two 
 years and a half. Keeps a boarding-house and tavern there. Her house is in 
 the Desbarats block. There are throe entrances to it from Sparks street, by the 
 bar door and by two private doors. Mr. McGee had come to board with witness 
 about a month before he was shot. Not quite a month. That was the first 
 time he boarded with her. He generally entered by the hall door nexi the bar 
 •door (wliich was towaixls the Russell House), from which it was separated by tho 
 large window of the dining-room. There is an entranoe from tlie bar into tho 
 dining-room, and from the dining-room into the small hall into which the hall 
 door opens. Mr. McGee called at h<^r house about seven or eiglit o'clock that 
 night, but had not dined there. Ho went up to his room for sf>me papers which 
 he said he wanted to take to the llouso with him. Cannot say in what direction 
 he went on leaving- Ho was then in apparent good health. Witness did not 
 retire for the night until her boartlers had all returned. Waited for them in 
 the dining-room where she had a coucl). Co mot say who was the first to return 
 from tlie House. Dr. Bobitaillo, (M. P.,) was the hist. He went straight up to 
 his room. Witness then lay down in the dining-room again, aho cannot say for 
 now long, when she heai-d as it were a quick run passing the large dining-room 
 window. Witness sa'd to herself '' That is my boy coming home." Heard then 
 a tapping as at the door, like a person playing with fingers as on a piano. 
 C^ha out, aa/jhe supposed to h^v son, to be <juiet, as 9h<j waa coming to open 
 
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 the door for him. The noise was not loud but quick. (Witness here imitated 
 it with her fingers on the edge of the witness box.) Witness went to open the 
 hall door. Opened first that leading from the dining-room to the hall, when 
 the noise ceased. Opened the hall door about half, sufficiently to admit the 
 boy, but, tindhig that no one entered, closed the door slightly to ascertain the 
 meaning of the hesitation. Then a flash passe^l across her face accompanied by 
 a smell of powder. Wi( ness thought it wus a fii-e-cracker. Still held the bolt 6f 
 the door in her hand, and, opening it somewhat, saw, on looking out, a man in 
 stooping position on the right hand side of the door. Not seeing her s-on, 
 witness closed the door and went back into the interior of the house to call her 
 daughter. Thought that the man she ha<.l seen at the door-post had been 
 stimned in some riot, and i "Id her daughter that some one had been wounded. 
 Then taking a lamp found blood scatteretl all over the floor inside. Then 
 opened the tloor again, and observed that the figure, which was still against the 
 stone door-post, was considerably more stxwped tlmn when she ha-.' first seen it. 
 On presenting the light the figure instuntly fell backwards, and from the 
 glimpse of* the face in falling, she knew that it was that of a dead man. Did not 
 recognize it as Mr. McGee's. Then witness shut the door and called up Ih*. 
 Eobitaille and the other boarders, who came down and found that it was Mr. 
 McGee. His hat was on his head, and there was blood on the side-walk. ' ^ 
 
 To THE Court — The blooil appeared quite fresh, not coagulated. " ^ 
 
 .■ To Mu. O'Reilly — Believes that the coi-oner and a doctor were sent for, but 
 does not know by whom ; bar seen the prisoner before. Saw him twice in her 
 own house. One occasion was five or six days before the murder, when he came 
 in after tea with a man named Brice, each having a glass of wine. Saw the pri- 
 soner again at her house some short time afterwai-ds, perhaps two or three 
 nights before the death of Mr. McGee. This second visit was about 11p.m. 
 He was then alone. Witness was in the dining-room. Prisoner entered, after 
 knocking, by the hall door next the dining-room. Witness, thinking the knock 
 was that of one of her boardere, opened the door, and found that it was the 
 prisoner. Prisoner then asked for a glass of wine. Witness said that it was 
 mther late, but, from having seen him with Brice, (a messenger in the House), 
 thought that he, too, was a messenger, and, as he was ali-eady inside, consented: 
 to serve him. Pi isoner asked witness for a pen and ink (she had herself been 
 writing in the dining-room) which she refused to give him. He then asked for 
 a pencil, also refused, and for another glass of wine, which witness would not 
 give. Prisoner pointing out that witness had pen and ink on the table, she 
 replied that it was her privilege to give it or not, as sh-3 pleased. Then asked 
 prisoner to go t ut, opening the door for him. Prisoner did go out, and witness 
 saw him no more until the inquest. 
 
 Cross-examined by Hon. J. H. Cameron. — Her house has a public bar where 
 other people than those living there may drink. Knew Brice, the messenger, 
 with «hom the pri.soncr first entered. On the occasion of his second visit only 
 refused him drink on account of the lateness of the hour, not because he was* 
 intoxicated. There was a light at the liead of the stairs on the night of the 
 murder. Does not know what o'clock it was when Dr. Rolntaille entered. Had 
 no occasion to remark the hour that night. Witness' daughter was with her all 
 the night lying down in the dining-room. The footsteps, which witness had 
 heard pofising the window swiftly, came from the direction of the Kussell House. 
 Witness nad directed her son previously to tap at the door when he came 
 home, lest he should by ringing disturb the boai-ders. He had so tapped on 
 previous nights. Heard no other step at the time. When she first went out 
 took no lamp. Heard no sound as of a latch-key being inserted, nor any other 
 noise than that described. There was a brass bolt on the fiall-door which could 
 not be openeti by a lafecli-key, and this bolt was shot on the night in qut-ition. 
 The door was looked sometimes, but cannot say if it were that night. Witnes* 
 admitted Dr. RobiUiiLv. herself, afterwai-ds shooting the bolt as before. There 
 was not so much as the breadth of the ball-door between it and the dining- 
 room door, and the hall-door, when opened, Avt)uld cover the dining-room door. 
 Witness was standing in the opening of the litter, when opening the former 
 
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 ^■i. 
 
 partinTly. Could noi look round ihe door into the street from that position. 
 Returned into the dining-room on finding tliat her son had not entered. Was 
 not at all -frightened at seeing the flash. Did not consider the rei)ort that of a 
 pistol. [Some misunderstanding occurred here as to the occasion of witness 
 iirst obser\-ing deceased in a stooping position, but it was finally understood that 
 she had not done so until her second opening of the door.] No one came to 
 the door with a light until she herself did so afterwards. Did not h' ^.r any 
 footsteps running ai^vay. Witness brought the lamp immetliately after seeing 
 the flash, merely going to the further end of the dining-room table. The coucli 
 on which witness lay was at the further end of the dining-room from the window. 
 There are four or five buildings between witness' hall-door and the end oi Des- 
 barats' block. There is no gateway into witness' premises, nor any nearer than 
 within about 30 feot eastward. Witness did not look out into the Street when 
 she opened the door, nor did she see anybody except tlie stooping man. 
 •^> Ke-'ixamined by Mr. O Beilly, — The second time that prisoner visited her 
 ftouse the bar was closed. 
 
 Georgb Perri-.— ^I am City Engineer. I made the plan now produced. 
 The Parliament and other buildings are properly placecf on that plan. The 
 scale of this plan is about 66 feet to an inch. From actual summary, the dis- 
 tance from the main entrance to the Parliament buildings and Mrs. Trotter's, 
 is 1,620 feet. The distance from the centre door of the Board of Works to tlie 
 corner of O'Connor and Sparks treets, is about 578 feet. 
 The defence did not cross-examine this witness. 
 
 Michael McCarthy, Chief Messenger of the House of Commons. — After the 
 House hatl adjourned on Tuesday morning, (7t)i April) I came down to the west 
 block to Wellington street, and then continued on to the corner of the Scotch 
 Church, Upper Town, and tlien turned into Sparks street to my house beside 
 'Mr. Skead's. Met no person or heard no shot on his way home. 
 
 Donald McGillivuay, M. D., was called on to attend at Mrs. Trotter's at 
 about half-past two o'clock on the morning of the Vth April, when 1 saw the 
 late T. D. McQee, and found the body lying obliquely about foiu' or Ave feet 
 from the door sill on the sidewalk, and saw the blood flowing down Uie sidewalk 
 into the gutter. I found the glove of the right hand at a little distance front 
 the body on the sidewalk. The blood appeared florid and red, and appeared 
 clotted recently. The body was warm. I discovered the wound on the back of 
 the head, immediately to the right of the spinal column, caused by a pistol 
 shot, and saw the mark of the pistol shot, which passed obli(iuely through the 
 door towards the key-hole, a few inches above it. I also found the cigar. I 
 performed the post mortem examination, assisted by Dr. Woltt', and found the 
 o»use of death to be, beyond doubt, the pis col shot wovuid from the back of the 
 head, and passing through the mouth. No cross-examination. 
 
 • Dr. Vancortlaxd. —I am coroner and surgeon ; on the morning of the 7th 
 of April last, about 3 o'clock in the morning, I was called to visit the body of 
 the late Mr. McGee. On turning over the body on its face, I saw the wound 
 produced by a pistol shot which must necessarily have been fatal and caused 
 almost instant death. Dr. McGillivray handed luc *he bullet which was found 
 in Mrs. Trotter's door, and I handecl it to Detective O'Neill by oi-der of the 
 Court after I marked it. , No cross-examination. 
 
 Rout. MacFarl.a.ne, ICsq., M. P. — I am a member of the Iloase of Commons. 
 On the evening of the 6th of April last, there was an important debate in the 
 Hou^e on the recall of Dr. Tupper from England, on a motion by Dr. Parker. 
 The late Mr. McGee made one of his most elofjuent speeches on that occasion, 
 attacking Dr. Parker a,s being one of the members of the House elected on the 
 " fair play" ticket, and that he never lost an opportunity of striking under the 
 belt, and said it was unfair to attack an absent member who had no ciianco of 
 defending himself. The late Mr. McGee was in excellent liealth and spirits 
 that evening, %nd spoke with great animation — sjpeakiug neai-ly two hours. 
 Tlie House ftdjouniGcf about five or seven minutes after two o'clock. When the 
 late Mr. McQee and I left the House it must have been about fifteen minutes 
 after two o'clock. Sir John A. Macdonaid had robed himself, and had left tho 
 
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 i:;,;;^^ 
 
,|2 
 
 House some minutes before we did. Messrs. Cartier and Gait went out of the 
 "House by the west dooi", and Mr. McGee and I passed out by the Post Office of 
 the House, and out through the main door under the main tower. We then 
 walked dawn to the corner of Sparks and Metcalfe streets -we parted there — I, 
 going to the Eussell House and the deceased going towards Mrs. Trotter's. At 
 the corner of the street as we were parting I saw John Buckley. I did not see 
 Patrick Buckley then. I then saw Messrs. Cartier and Gait at Isaac's hardware 
 store, opposite the Ontario Bank. I looked back and heard John Bur.kley 
 speaking at Hunton's comer, and on the Sappers' bridge I met Mr. Lapum, a 
 member of the House of Commons. I saw the late Mr. McGee on the morning 
 following about three-quarters past seven o'clock, dead at Mrs. Trotter's. 
 
 Oross-examined by Mr. M. C. Camei'on. — Did not hear the shot until I passed 
 the Russell House, when I heard a noise like a shot, but I paid no a+teution at 
 the time. I saw some of the messengers when vye were leaving the House, but 
 don't remember any others. I met Buckley's carriage with the grey horses, 
 returning from Sir John A. Macdonald's, on the Sappers' Bridge. "Wlien !Mr. 
 McGee and I were going down to the saloon for cigars I saw Sir John A. Mac- 
 donald putting on his coat at his wardrobe. We only stopped a few minutes in 
 the saloon, and then came up and left the House for our lodgings. 
 
 Dn. McGir,LivRAT was here recalled by the Crown, and said the pistol wound 
 was unquestionably fatal, and must hav^ caused almost instantaneous death. 
 
 JoiiK EooKR — I am, and was on the 7th April last, sub-foreman at the Tvnes 
 office. On the morning of the 7th of April, about 2 o'clock, I heard a shot of a 
 pistol, and in a few minutes Mrs. Trotter's son came running up stairs, and said 
 there was some man lying on the sidewalk, and he was afraid to go into his 
 mother's house. All the hands in the office ran over to Mrs. Trotter's and I saw 
 tlie late T. D. McGee dead, and could see no movement in the body. I then 
 ran for Dr. McGillivray and brought him, and then went for Mr. Robertson, 
 the editor of the Times. 
 
 Jean Bai'tistk Laoroix sworn — Lives in Ottawa. [This witness explained 
 that ho spoke English imperfectly, and desired to be examined by interpreter. 
 He was, however, examined at proceeding in English.] Lives on Grey Nun 
 street, in Lower Town. Last spring was livmg in the house where his father 
 died, Deschapelles house, in Lower Town. Knows where the Chaudiere flats 
 are. They are "up t)iat way," in Upper Town. Had business at the Flats one 
 Monday night in April last, but cannot say in English the day of 'the mouth. 
 . I The Court — Say it in French. 
 
 WiTJTESS — Six, Sept Av^'il. It was Monday evening that he went to the 
 Chaudieio, and he returned about 1.30 a. m. Camt? back "this way." Does 
 not know the name of the street in front of the Parliament Buildings. Came 
 along tliat street for some way, until he came near the buildings, when he 
 turned off. Does not know where the theatre is. 
 
 Mr. O'Reiij.y — " You say you came along WelUngton street, and then 
 crossed over by some other street. Now where was this street by wliich you 
 crossed ?' ' . -, 
 
 Witness — " I cannot speak well in English. 1 wish to be asked in French." ' 
 Hon. J. H. Cameron — " Never mind : you are doing very well." 
 
 To THE Court — The street into^ 'vxJucjU he turned was the second from the 
 Pailiament Buildings. ', . , , 
 
 [Mr. Geo-go II. Macaui-ay tien called upon to act n« interpreter, the 
 examination proceeded.] 
 
 Witness took the first street from the bridge over the creek near the Chau- 
 diere. Does not know its name. Followed it until opposite the first Parliament 
 building when he turned oft", and took the next street. There were houses on 
 this next street. One very large one at the corui-r. There was a fence at the 
 opposite comer, (the left) about a quarter of an acre before you come to houses. 
 "VVitness took the left side of the street. He saw something — a man dressed in 
 "black with a beaver hat on his head walking on tlie other side of the street, 
 evidently with the intention of opening a door. The man was going up towai-ds 
 Hie Chaudiere. The door was opposite — ^half the distance of the fence and oppoi 
 
w 
 
 site the telegraph post. Witness was from twelve to fourteen yai'ds from the 
 telegraph post when he saw the man on the other side. He also saw another 
 person on the other side, about seventeen dr eightet .1 yards from the first 
 person, both on *he same side. They were both going in the same direction. 
 Saw a man (following the first man) with lightish pantaloons, dark coat and a 
 cap. Heard a pistol shot fired. The men might have been five or six feet apart 
 then. The man in the rear left the side>valk, made a circuit in the street, and 
 came behind the first man, firing at him while the Latter appeared to be trying to 
 open the door. The first man was at the door, and his face close to it when the 
 sliot was fired. The second man had come round in a semi-circular way, and 
 i-aised his ann tvhen behind the first man. Then witness heard the shot and 
 gave a jump from surprise. The first man fell backwards towards the wall of' 
 the house — head first. [Witness then gave a pantomimic description of the 
 falling of the man, from which it seemed that the fall was forwards on one 
 knee, and sideways against the door post.] The second man returned by about 
 th3 same course as he had taken in coming beliind the other, and striking on 
 the smaller of the posts on that side of the streot, exclaimed "Jesus!" Then 
 went up on to the "parapel"' (sidewalk) and, going a little further, entered a 
 gateway on the same side. Witness was standing all this time near the door- 
 way of a brick house opposite. This house is nearer the Sapper's Bridge than 
 where the man was shot. After firing the shot the second man came a short 
 distance towards witness and then turned round to the sidewalk until he struck . 
 the post. When vritness saw this he started at once and went home. He did" 
 iiot cross over to see the mm because he was too much frightened. 
 
 To THE Court — ^The second man came to about witloin six or seven yards 
 of witness before he wheeled and struck the post. 
 
 "\ To Mk. O'Reilly — ^Witness could not see his face. Does not know whether 
 hfe'saw him (mtness) or not — thinks not. Witness afterwards saw the man in 
 the office of the gaol. He was then dressed differently — darkly. There were 
 others with him. The i^risoner is the man. [Prisoner hero ordered to stand 
 up and identified by witness.] Witness did not say much about it until after 
 conversation with Mr. Parent. Worked at home after returning that morning, 
 and aft'^rwards moved to the Flats, to the place of a mnn named Lafleur, living 
 near the small bridge over the creek. Then went to work a day with Mr. Harrisj, 
 below the Chaudiere bridge. Afterwards worked at the Duchesne Rapids, said 
 to be nine miles from the Chaudiere. Went there to work for his livelihood. 
 Sojne body brought him away from there. It was Pinard, a poUceman, and 
 some body else. They brought him to the town, hall, he believes, before a 
 magistrate : since then he has been here. It may have been seven or eight days 
 after the mm-der. He had been before a magistrate foiu" or five days before 
 this second appearance. It was after being before the magistrate the first time, 
 that he went to the Duchesne Rapids. The first appearance was five or six days 
 after he had seen the shot lii'ed. The first time he was arrested for exanainatiou 
 he was sleeping in his bed at the Chaudiere. The second time he was at Mr. 
 Eddy's shanty at the Duchesne. He did not expect to receive anythmg for 
 givmg evidence, nor does he expect to do so no\v. He never saw the person 
 who tired the shot before then, nor after, until he saw him in gaol, and picked 
 him out there. Witness moved from Lower To^^^^ to the Chaudiere Flats, on 
 Tuesday, the day following the firing of the shot. Did not see the prisoner 
 agam until he saw him in gaol. The Sheriff was present when he pointed out 
 the prisoner. There might have been thirteen, fourteen or fifteen persons then 
 present, all stratagers to witness, out of whom he had no difficulty in iden- 
 tily'ing jirisoner. 
 
 Cross-examined by Hon. J. H. Camerok — Had been ten or eleven days in- 
 Ottawa at the time, since he came fiom below. That is from Rigaud, beyond 
 Grenville. Lived here with his brother-in-law. Is married, and his wife is in. 
 Ottawa. Ilia ivife came up with him. Had been in Ottawa several times before, 
 working about the Chaudiere for the past sixteen years. Knows the city quite 
 well, but does not know the names of any of the streets. Left his brother-in- 
 law's house in the afternoon of the 6 th of April, but cannot say at what hour. 
 
 V' 
 
 ( " 
 
 ' 
 
 ! 3 
 
14 
 
 
 If' 
 
 'Loft home tvlone. Went straight to the Chaudiere to got a house, but did not get 
 one. Met several people at tlie Chaudiere that day. Does not know tlie names 
 of any. Knows one personally, but not his name. [Witness being interrogated 
 repeatedly regarding this man ijould not give any description of Iiim, nor* 
 information as to the others.] Witness was enquiring for work and for houses 
 until he left at half-past one in the morning. Cannot tell the name of a single 
 place at which he asked for houses, or of a single individual he asked for work 
 except Mr. Eddy and another gentleman. This was on Monday between four and 
 fivo in the evening. Did nothing afterwards but ask for work and houses. Had 
 : taken his dinner l)efore he left home in the afternoon between two and threej, 
 o'clock^ but cannot say at what hour exactly. He had stated before (in exami-^ 
 nation m chief) that he had left home in the afternoon. EeooUects being isL 
 his uncle's house in the afternoon, and other houses which he does not recJoUect. 
 Had no watch, but saw several clocks in the houses. Did not mark the time 
 at any. When he passed his uncle's door coming home, he asked the latter 
 was it late, to which his uncle replied that it was about one or half-past. Had 
 • dpent all tlie time in the street and in houses making enquiries. Met no one 
 from the time he left his micle's until reaching the Pai-liament buildings. iSaw 
 some body coming down or standing about the steps coming from the Parliament 
 ; hill. Does not know how many, nor whether they were walking or standing. It was, 
 ■ opposite this spot that he turned down into the second street. Did not stop at 
 the corner, nor until he came to the door of the briok house. Cannot say how 
 . long it was after he had turned the comer that he saw the men. He had gone 
 seven or eight yards from the corner, when he saw the first man. It was bright 
 moonlight. He could see the color of the first man's hat. It was a black 
 beaver. The second man had a black cap. Witness did not stop at all until 
 afte** he heaixl the shot fired, when he tried to hide himself in the doorway. He 
 had got a little past the first man when the shot was fired. Up to that time he 
 had not noticed the faces of either. Never noticed the first man's face at all. 
 Cannot say whether the door in which he stopped, on hearing the shot, was 
 open or not. It was closec\ Witness crept in Bideways to tlie door, conceaUng 
 himself there, with his back to the door. Witness was about fifteen yards 
 further down the street (nearer the bridge) than the men wheii he stopped. 
 From ten to eleven yards further down. The second man^ immediately on 
 firing the shot, turned round and walked off fast without running. The man 
 was nearer the Stoppers' bridge (further east) than witness — five or ten yards — 
 when he turned into the sidewalk. Had no opportunity of noticing the man's, 
 face except when passing him after the shot, Tlie archway through which the 
 man disappeared was on the other side of the street from witness. Witness 
 remained in this doorway three, four or five minutes after the man disappeared. 
 Witness was too much afraid to go over to the fallen man. After the man had 
 ftiUen forwai-ds on the post, he fell on the sidewalk with his head to the door» 
 Fi-om where witness was standing he could see quite p^aini> the door which the 
 first man sought to enter. Did not see the door oponed at all while he stood' 
 opposite. Did not pay very particular atteutlon. It might have been opened. 
 Witness stootl on the first step of the doorway in v, hich he was concealed, but 
 cannot say if he were higher than the sidewalk. Going home he met a man in 
 Parent street, on the other side of the French Cathedral. Does not recollect 
 passing a carriage and horses. Does not know the Rustall Housoj knows a large 
 house near the bridge, and the Post Ofixc?. Does not know tlie hotel ; saw 
 nobody after he got home, except tho«e who were in the house. Did not say 
 anything to any of them tlien, because they were all in bed. Did not say any- 
 thing to them next day. Thinks that it was on the Wednesday that he firstr. 
 spoke of it to Mr, Lapierre. Heard some mention of a reward, but not on the 
 Wednesday. Cannot precisely state the particular time when he first heai-d that 
 a reward was offered, nor what the amount was said to be. Heard several 
 people speak of it, some saying it. was a largo, and some that it was a small 
 reward. Did not hear whether it was larg^ or small. [Great difficulty w^s 
 experienced in extracting definite and relevant answers upon this subject.] The. 
 only person he heard mention the reward wa» Mr. O'Reilly. In conversation 
 
15 
 
 ^vith Lapierre about the late Mr. McGce, Lajiierre suid that a reward had been 
 ottered. Tliat was on Wednesilay. Cannot state positively whether the conver- 
 sation took plaoG on Tuesdny, Wednesday or Thursday, but thinks ^Vetlneaday. 
 Lapierre did not say anything to him about it. Lapierro told witness of the 
 death of Mr. McGee before witness told what he had seen. Lapierre said nothing 
 of the reward. [Thi.B last point witness repeatedly affirmed.] Lapierre remarked 
 that it was a great pity that tlie poor man sliould be dead, and then witness said 
 tliat he been very much frightened, having heard a pistol-shot in coming from 
 the Chaudiere. Lapierre did not tell him how Mr. McGee had been killed. If 
 so witness doe« not recollect. Witness did not tell Ijapierre that he had seen 
 anybody, but mert^ly that ht liad heard a shot, not seen it fired. Did not seo 
 Lapierre again before ho was Krst brought before the Magistrate. Pinard wa.s 
 the person to whom witness spoke upon the matter. Cannot say whether he 
 kiu)W8 a man named Paul Lcveque. Cannot say precisely whether ho told 
 Leveque and a man n^med Barnabe that ho did not see the shot tired, but only 
 lieiird it. May Ivwe said so. Did not tell anybody that ho had seen the shot, until 
 he showed Pinard the piaee. He did not toll Lapierre. The first person to whom 
 he told this may have been Pinaixi. Pinard asked him, and he (witness) showed Iiim 
 the place where the shot wastired. There ^vas no conversation between Ibe two men 
 who accompanied him until they camo to the place of the murder. ',» b<'~\ V e camo 
 to the gaol they brought him to the corridor whore the prisonei was. ^fe saw 
 prisoner in his cell before he saw him up sttiirs. I'risonor was in i* shirt 
 sleeves. Nobody told him that was the prisoner. There was nobody ».\ the 
 cell but the prisoner. Did not say he could not recognise Irini, but that it was 
 difficult to recognise him in his semi-naked state He did not ask that prisoner 
 should be dressed, and does not know whether anybotly elao asked that or not. 
 He recognised the man's face and mode of walking. In answer to a question 
 why he could not recognize him distinctly, witness said he only saw him that 
 evening, and was frightened. He had recognized the man, but asked tha^he 
 should be presented as he was before. The prisoner was pointed out to hint by 
 an elderly man in the gaol, who to id liim to look towards • the outside and go 
 forward, and told him to look into other cells, then ho took him outside, and 
 asked him (witness) if he was there. He (witness) replied, it was vevy difficult 
 to recognize a man half dressed. It was after he saw the prisoner upstairs. 
 When he saw prisoner afterwardsi, iie was dressed in the same clothes as ho 
 wore the night he had seen him l)ofore. He did not recognise him froin his 
 dress, he had recognized him before by his appearence .and mode of walking. 
 He did not like to say whethei he recognised him at first, not knowing the peo- 
 ple who were with him. Ho was under fright, both on the night when he heard 
 the shot, and on the day when he was in gaol. Knows a man named Cosgrove,' 
 of Buckingham, and Richard Kane and Patrick Kane of Grenville. He may 
 know Andre D'Aoust, of Hull, and ho may know Olivier Latour, of Hull. Does 
 not know a man named Brown in gaol. Did not say to any man in gaol that he 
 would receive a large sum of money if Whelan was hanged, and notlxing if 
 Whelan got off. He has remained at the gaol for some time. 
 
 Examination in cldef resumed hy Mr. O'Reilly — Saw the man from whom he 
 got the house at the Cliaudiere on the Saturday, and also on the Monday. His 
 name was Lafleur. At that time the mills were only commencing to work. He 
 went to Hull on Monday afternoon. He did not tell Lapiei-re all about the 
 affiiir at first, because he was not obliged to tell him. Ho ju?t told him that he 
 • had heai-d a shot and been frightened in Upper Town. Did not go to any 
 magistrate or the authorities to say anything about it, nor did he make any 
 enquiiy about the reward ottered. Did not give himself any trouble in any 
 way about the reward. When brought down by the police officers, tliere was 
 no force used ; he had left word at his own house, that if wanted he would come. 
 He had gone up to Duchesne Bapids to work. He recoUocted before he saw the 
 man in gaol, the kind of clothes the man wore on the night of the mm-der. The 
 man who took lum to the cells did not tell him it was t© recognize Whelan. 
 When he saw Whelan he recognized him, without any explanation. He was not 
 told for what purpose he had been brought there. lie had only desired to see 
 
16 
 
 him dressed fo.- his ow-n satisfaction. Nobodj' had oflfererl witness any rewftitl or 
 recompense. IIo shewed the parties who accompanied him to the spot where 
 the shot was fired, liow the man came ui> behind the man who was sliot. The 
 prisoners at the gaol have asked him (juostions several times j when they 
 bothered him too much lie used to go away from tJiem. 
 
 Sir Georgb E. ('artieu, Bart., Minister of Militia, was then called by the 
 Crown. — lie recollected the .adjournment of the House of Commons about two 
 o'clock on the morning of the 7th Ajnil. When going out of the House he (Sir- 
 George) saw Mr. IMcUeo smoking, with his overcoat on. Mr. McGee asked him, 
 " Are you not going out, Cartier?'' Witness said, 'No, I am waiting for Gait." 
 lie (Sir George) then bade Mr. McGee good night, and in about four minute* 
 !Mr. Gait came out, and they (Cartier and Gait) left the House together, going 
 to their lodgings on Metcalfe street. Left the House by the pi'incipal enti-anoe 
 and went down Metcalfe street. There were four or tive parties ahead of them, 
 and he and Mr. Gait walked slowly, because their conversation was private. 
 They walked on the right side of Metcalfe street to Sparks street, but seeing 
 the parties still going on before them, they crossed to the left side ; stopped at 
 the corner of Sparks and Metcalfe streets, a minute or two to finish the conver- 
 satiCi with Mr. Gait. By that time some of these parties ahead of him had 
 rep.ched the middle of Metcalfe street. He (witness) then walked along the 
 left side of Metcalfe street towards Maria street, pretty fast, and reached liis 
 home, but heard no shot. He passed Buckley's stables, and then had to go to 
 Maria street, when he turned to the right. 
 
 In reply to Hon. M. C. Cameron — Lost sight of Mr. McGee in the corridor of 
 the House. Mot of the parties he had seen before Mr jalt and himself, con- 
 tinued on the vight side of Metcalfe street. He could not say whether any of 
 them tm-ned off to the west. 
 tiv !•?; f/.'ia ..i i.iii'- ."-^.li,. ', , (i - OT-K- » i TcESDAT, Sept. 8, 1868.' •.-'"' 
 
 ■ ' John JoRiJAxWa^'thi^ first withes^ sworti;;— -Is on the city police. WaS oh 
 duty on the night of the 6th April, and morning of 7th. Was in the City Hall 
 at 2 o'clock A. M., of the 7th (Tuesday.) The City Hall is back of the Russell 
 House. At 2. 10 A. M., left the City Ilall for the Russell House, and thence 
 across the Sappers' bridge, towards Sussex street, in search of a party in Lower 
 Town. In coming towards the Russell House, he saw some pereon near the 
 corner^ as though coming from the Parliament Buildings, Witness then crossetl 
 the bridge, going on to the corner of Sussex street, which is the first street run- 
 ning north towards the railway after crossing the bridge. Knows Michael 
 Starr's tavern which is on the street next the market (Clarence,) parallel with 
 Rideau street, and at right angles to Sussex street. Witness noticed nothing 
 unusual in Sussex street, until he got as far as the pump, on George street. 
 Met constable Pinard there, and also saw a man running down Rideau street, a 
 little below Pat. O'Meara's tavern, where there are some houses burned down. 
 The man was running in the middle of the roadwaj', and was dressed in a long: 
 black coat and cap. 
 
 To the Court. — The man Avas running, and witness could not be positive that 
 the coat was long. 
 
 To Mr. O'Reilly. — ^That was not the way to Michael Starr's. Starr's might be 
 reached that way. It Avas as near a way as any. Witness went on down Sussex 
 street, towards Lapierre's tavern, which is between Clarence street and Murray 
 street, and on Sussex street. It is thus below the street on which is Starr's 
 tavern. When witness was part of the Avay down saw a man walking after him. 
 On arriving at Lapierre's door, Pinard entered that tavern, whUe witness stood 
 outside, and lookmg up the street, saw another man following the first mari. ' 
 This first man was about opposite the barracl^s (old British H^otel) when witness 
 saw him. When witness stopped at Lapierre's this man was nearer to hini than 
 when witness first saw him. Did not know then who he waa. Knows him now 
 as Labelle, a Frenchman, as witness understands. 
 
 To the Court. — He got to -.vithin fifty feet of witness.. ,f 
 
 To Mr. O'Reilly.— This man Labelle had two pails in his hand. The othoif 
 man was a little in the rear of him, coming on faeter, and did not oome up close 
 
 ^ 
 
fomuss 
 
 'h 
 
 to witness. "STot closer than 75 or 80 feet. The night was unusually liiiglit. 
 Witness snw the second man afterwards. Takes him to have been the witnopa 
 Irficroi.T. Is positive it was T^acroix. Vv'itness went into the tavern where Pinard 
 was all this time. Labelle followed witness into tho tavern. When in the 
 tavern Labelle informed witless that some one had been hurt in Upper Town — 
 that Mr. McGee had been beaten. Witness immediately proceetfed to Upper 
 Town, the other policeman proceeded also. When witness crossed the Sappers' 
 bridge, he sent Pinard to the City Hall for the other i^olicemen there, while 
 witness went to the Russell House corner to await tho others there. Pinard 
 returned, saying they had gone \\\f already. Two men then came running down 
 saying that Mr. McGee was dead. AVitness waited where he was for his Ser- 
 
 feant, and it was twenty m'nutes before he arrived at the Toronto House, 
 here he found Mr. ]>xcGee Ing dead on the sidewalk, and a rjuuntity of blood 
 on the platform. The doctor v,as there, and the coroner soon arrived and they 
 carried the body in, leaving it in witness's charge. Witness saw a bidlet with 
 Dr. McGillivray. Saw no k<;ys. Observed a mark on the door near the hole oi' 
 th-j latch-key. Saw blood on the door sill, and on Mrs. Trotter's dress, as well 
 as on the wall, and in the gutter. Has seen Lacroix since then. Was present 
 when he Icscribed what he saw, witness having gone for him that night. Wit- 
 ness found Lacroix on the other side of Pooley's bridge, on Le Breton's Flats. 
 Lacroix w^s living there then, and was in bed when witness found him. [Mr. 
 O'Reilly proceeding to ask witness what passed between him and Lacioix was 
 interrupted by Hon. M. C. Cameron, who denied that answers to such examina- 
 tion could be made evidence, although the defence might put such quosti' ins in 
 cross-examination. Hon. J. H. Cameron supported this view, and the Crown 
 desisted from pursuing the lirie.] Knows the brick building on the north s^ido 
 of Sparks street, in which Mrs. McKenna's liouse is situated, and which is next 
 thfe corner of O'Connor street. There is but one house between Mrs. McKenna's 
 and the comer. This house is Mr. Offord's, as shown on plan. Between Offord's* 
 and the fence to O'Connor street there is no building. Does not know whether 
 the 'Yms.i office is in the same building. When witness took Lacroix out of bed, 
 and brought him into Sparks street, nothing was said to him (Lacroix) beyond 
 his being asked to descri})e what he had seen. Witness did not then know him 
 as the person he liad seen in Sussex street. Recognized him when he saw him 
 in the Police Court, and giving evidence there, when witness took particular 
 notice of him, and of his dress, which was poor. This was, witness thinks, fivo 
 or six days after the death of Mr. McGee. 
 
 '^^' Cross-ex ::mined by Hon. M. C. Camerox. — Knew notliing of Lacroix until 
 ii^itness saw him that night. Recognized him in the ToAvn Hall by his clothing. 
 Only remembered in regard to this, that he had a dark coat and hat. Witness 
 cannot say how many hundred men he had seen that day so dressed. Is positive 
 that it was this same man whom he had not secu nearer than 80 feet, that he 
 now recognized by the coat and hat alone. The man was poorly dressed. Does 
 not know that a dark coat is a sign of poor dress. [Witness h#re credited a laugh 
 by explaining that policemen looked more keenly after people poorly dressed 
 than others.] It was exactly 2.10 a. m. when witness left the City Hall 
 that night. It would take eight minutes to go from the City Hall to where 
 witness saw the man. It was more than 2.18 when witness saw the man, because 
 vritness made delays on the road. Five minutes at the Russell House. Some 
 time at George street. Witness desired to reach Lapierre's before the Parlia- 
 ment people came down, desiring to eflfect the arrest at Lapierre's before his 
 boarders came in. Had started expressly to make this arrest, but delayed five 
 minutfes at the Russell House notwithstanding. Was one of those who went for 
 1-acroix at the Flats. Does not remember if this was before or after Whelan's 
 committal. Pinard went with withess. It was Lapierre who first put them on 
 Lacroix'a track. After searching for him in Lower Town, found him on the 
 Flats about 10 p. m. This was five or six days after Mr. McGee's death. Wit- 
 ness asked Lacroix if he saw Mr. McGee shot. Pinard had seen Lacroix first. 
 Supposes this was witness's first question. Lacroix said he saw a man shot upon 
 Spa»ks street. He did riot name Sparks street. Witness asked if he saw the man 
 
 2 
 
 i 
 
 III 
 
 r '. 
 
 I- 
 
i 
 
 1° 
 
 f^^ 
 
 18 
 
 who shot him. Lacroix answoiod " Yes." Witnoss then aaked wlience tlio latter 
 had come. Lacroix replied, from the same <juarter an the other. Pinard had 
 conversation with Lacroix before witness, wlio did not go into the betl-room at first. 
 Witness lioard Pinanl toll the man Tjacroix to get up as the police magistrato 
 wanted him. Lacroix said that it was too late, and be would go next day. lie also 
 asked what he was wanted for. Pinard asked if he (Ijacroix) had not told 
 Lapierre that he had soon Mr. McGee shot. Lacroix said he had seen a man shot. 
 Witness repeated Pinard's questions to Lacroix, although he had previouly hoartl 
 them answered. Pinard had put these questions in English. Witness had been 
 admitted to the house by a woman, with whom ho had some conversation after 
 they came out. Not whilt3 Pinard was in the bod-room. Afterwards witness 
 asked the woman at what hour the man came home. She spoke little English. 
 Does not know what cabr.ian they employed. Discharged liim about 100 yards 
 from Sparks street. Walked up thence with Lacroix by the Victoria hotel. 
 Lacroix had told witness the road by which he had come. [Witness here 
 rcf^fiated tlie evidence given by T^icroix as to what he had sees, which Lacroix 
 nai^ted to him before leaving the house on the Flats.] Cannot say how they 
 sat in the cab coming into town. Thinks it was a covered cab. Witness doew 
 not recollect who sat beside him, nor whether he sat on the front or back seat, 
 nor where Lacroix sat. Recollects as they came along asking Lacroix where ho 
 was on the Monday night. Lacroix said ho had been at the Flats in his uncle's 
 house, and at others. Witness sent away the cabman so soon, so tlxat he might 
 not overhear the conversation. Walked up O'Connor street so that Lacroix 
 jniglit show tliem how ho had come. There had been nothing spoken in the 
 jcab about Mr. McGee. It was Lacroix took witness up O'Connor street. There 
 ^?as liglit in Ijacroix's house, but witness did not recognize him then, because 
 he did not pay sufficient attention. Had seen Lacroix's face on the night of tho 
 .murder at 80 feet distance. Lapierro's is not considered a doubtful resort, but 
 witness has been oftea there, for beer, for pipe-lighting, or for warmth. Had 
 no conversation with Lapieire on tho subject of Lacroix. Pinard always asks 
 witness's advice. Pinai-d went into Lapierre's five or six days after the murder 
 to ascertain who it was that told them on that night of the occurrence. Witness 
 jemained outside with John Litle, another policeman, while Pinard made this 
 enquiry. Lapierre communicated to Pinarcf that this was Labelle. Labello 
 'had reached Lapierre's on tho night of the murder, and gave the intelligence 
 there, while Lticroix was yet behind him. Did not make enquiry for Labelle 
 luiitil aftor Pinai-d's return from Prcscott, yAxere ho was some days absent. 
 iWitness gave his testimony on this pomt, however, to the coroner, the magis- 
 trate and others. When witness found Mr. McGee's body, it had two coats on. 
 Cannot say exactly the color of the coats. Believes tliat he searched his (Mr. 
 McGee's) pockets. Is positive that Mr. McGee's hat was white. Witness was 
 present at Lacroix's examination. Witness understood him although speaking 
 
 m English. , .„ , , , , 
 
 lieexainined Iw Mr. 0' Eeilly.— Does not remember if there was any black 
 cloth or crape on Mr. McGee's hat. There was not a great deal of conversation 
 at Lacroix's house on tho night they went there. Witness desired to express, 
 when he said that he brought Lacroix up O'Connor street, that he wanted the 
 latter to show where what he had seen happened. There is a vacant lot between 
 WelUngton and Sparks streets. Started from the Victoria Hotel, coming down 
 in an angular way, (after crossing over to the theatre) across this vaciint lot, and 
 thus reached the north-east corner of Sparks and O'Connor streets juiiotion. 
 Lacroix was leading the party, and there described ./hat ho had seen m the 
 same locality. [Witness again described what Lacroix related to him much in 
 the same words as before.] Lacroix said tliat the man who fu-ed tho shot was 
 separated from the man he killed by tho whole breadth of the platform, when 
 he fired. Lacroix showed witness the post against which the man struck in 
 retreatmg, and the gateway into which he disappcivred. He showed witness also 
 the doorway in which he himself was concealed. The door-jambs of Mrs. Trotter's 
 project so tliat it is possible tl^at the door might have opened without Lacroix 
 .fleemg it. Lacroix took witness to Mrs. Trotter's door and showed how he^had 
 
19 
 
 *, 
 
 when 
 
 seen the man fall. Ho rIbo clp9criho<l tho (tress of the man wlio hnd the pistol, 
 saying ho luid lil?ht j[)anta. I^croix ran away after the fii-st time ho luvd given, 
 evidence, and hid himself, so that tliere was some diffioMlty in finding him again. 
 All that witness understood of the converMation utijapierro's tavern wasLabelle'a 
 saying that some was boaten or hurt — lAhello spoke in French, which witness 
 does not understand. Mr. McGeo was mentioned as tho person hurt, but thoro 
 was no mention of murder. 
 
 Cross-examined by Hon. M. C. Cameron. — Th . post which|Ijacroix shewed wit- 
 ness was about three feet high, antl was the one furthest from Trotter's. There 
 are two archways. Lacroix describetl the man with the jjistol as having come 
 out of the one nearest, and gone into the one farthest from Mi-s. Trotter's, Di<l 
 not notice that Mr. McOee's hair was singed, butsmellcd powder on his outside 
 collar. It was in Mrs. McKenna s door that I^croix conoealed himself, not 
 Offord's. It was only after tho shot was fired tliat Lacroix (as ho told witness) 
 so concealed himself in terror at seeing the man come out into the roadway. 
 
 Patrick Bucklky sworn. — Was emi)loyed early in April last as a sessional 
 door-keeper of the House of Commons. Was posted at tho main lobby door. 
 There are two galleries — ladies' and gentlemen's. Tho entrance to the latter is 
 to the right of witness's door, tliat of the former to the left. The latter is called 
 the public gallery. Both entrances are immediately outside witness's post. 
 Knows the prisoner at the bar. Has known him since the Tuesday or Wednes- 
 tlay before St. Patrick's day last. Saw him then at the Russell Ilouse, when 
 pnsoner told him that ho was one of the marshals for the procession, and asked 
 witness if he could let him have a horse. St. Patrick's Day was on the Monday 
 following. There was no further conversation. Witness was Grand Marshal of 
 the St. Patrick's Day procession. Prisoner came on St. Patrick's morning foi* 
 the horse he wanted. Saw him on the Friday before in t.he street. Prisoner 
 ditl not ask witness to lend him anything. In the procession witness rode iu 
 front, and prisoner in tho rear. Witness assigned him that station. Did not 
 see prisoner that day after the procession. Prisoner left a saddle cloth at wit- 
 ness's place after the i^rocossion, not in witness's charge nor with his knowledge. 
 Left also a pair of rosettes. Saw him at the House of Commons about a week 
 after, when he came to the door and spoke to witness. Did not tlien go away 
 together to drink, but have done so. Saw him next in the lobby with Mr. Brico. 
 This was another night. Brice is Speaker's messenger ; saw prisoner again in 
 the same place, he cannot say how soon after. Prisoner came up to speak to wit- 
 ness, and asked for tickets. Witness gave him two, and prisonei ipplying after- 
 wants, witness gave him altogether three or four. The last time he gave any was 
 on the Wednesday, Thursday or Friday previous to Mr. McGeo' s death. There 
 was no one with prisoner then. Thinks this was Friday. Does not know if 
 prisoner went up to the gallery then. Did not see the prisoner during the 
 Monday before Mr. McGee's death. Saw him on Tuesday morning about tho 
 time of adjournment. Witness Avas then leaning against his own door waiting 
 for Sir J. A. Macdonald. Saw prisoner comedown from the public galleiy and go 
 out towards the main entrance. Saw Sir John coming out three or five minutes 
 later. Witness conducted Sir John to liis carriage, and saw prisoner standing 
 then alongside the main door, inside. Prisoner went out through the door 
 before witness, who went to call Sir John's carriage, had reached it. This was 
 going quite out of the building. Did not see prisoner after that. While 
 witness was standing at his door waiting for Sir John and saw prisoner, witness 
 thinks Mr. McGee was in tlie lobby inside near the Post Office, Thinks he heard 
 Mr. McGee's voice. [Witness here described his and Whelan's respective 
 
 t)Osition8.] Witness had his eye on Whelan for about thi-ee m'nutos, while the 
 atter was standing against tho outer porch below liim, with 1 lis eyes fixed on 
 witness's door, behind which Mr. McGee was. From Whelaa's post he might 
 see perhaps half the persons in the lobby. Did not see the prisoner after his 
 disappearance through the porch until in the Police Court, Did not then know 
 his name, nor when he got the horse, or took the drink, or asked for the tickets. 
 First, heard prisoner's name on the "Tuesday afternoon, the day that Mr. McGee 
 was shot. The same day took the saddle-cloth that Whelan had left at his place 
 
 2* 
 
u.(y 
 
 , 
 
 to Starr's. Did not go on to tho railway. 
 
 Hiul, that morning, liad tiomo HUHpicion, when asked if ho had seen any ono from 
 Montreal, of a man ho hail frwiuontly hcou with Mr. McGoe, hut had no hUi»pi- 
 
 Ilad no suKiiicion then of anvbody. 
 
 X . 
 
 cion whatever of Wholan. Had said that the man ut the door had a red I'eaixl. 
 Pi<l not know this man's name wlien witness told the magistrate of him ut ono 
 o'clock, but ascertained by enquiry on coming out. Whelan was the last mon 
 of whom ho had suspicion. 
 
 Cross-examined by Hon, J. If. Cameron. — There was nothing unusual in 
 witness giving tho prisoner tickets. All th« doorkeepers were in the haViit of 
 giving strangers ticlcots, with which members supplied them. There were 
 always a number of strangers in tho galleries when the House adjournetl, evec 
 when sitting to the latest hour. Witness was not a doorkeeper of either gallery, 
 uut kept the door of the Post Office lobby. The Marshals for St. Patrick's Day 
 •were appointed at open meeting on recommendation of committee, one of the 
 members of wliich called on witness, and asked him to act. Had never been 
 in company with i)risoner at any other times than tiiose already stated, and 
 had no other knowle<lge o^" him beyond these, except that ho knew him as a 
 tailor. Had never hoard him mention Mr. McGce's name in any shape. Witness 
 returned to messengers' room after seeing Sir John leave, put on his overcoat, 
 and went home in company with Mr. Frechette, Mr. Bryco and my brother. 
 They were all in the messengers' room witlj overcoats on ready to go home. 
 Saw Messrs. Cartier and Qalt on the street. The time which elapsed from the 
 departure of Sir John, when witness came back into tho messer.^jers' room, put 
 on his coat and left it again, was about ton minutes, ho having delaye<l a few 
 minutes speaking to tho chief messenger. Witness could not speak positively 
 as to the time or what o'clock it was, but somewhere in the neighborhood of 
 two o'clock or after. .Saw many persons going across the square. Kr. ]^IcGee 
 and Mr. MacFarlane went liofore witness ; overtook them when a little more 
 than half way down. Saw Mr. Cartier and Mr. Gait near the Queen restaurant 
 crossing Wellington street, on the east side of Metcalfe street. Witness was 
 then going down the west side. Saw them stop at Isaac's corner. Both parties 
 crossed the street about the same time. Mr. MacFarlane left Mr. McGee on 
 the north side of Sparks street, at the corner of Metcalfe street, and went 
 eastwai-d towards the Russell House. Mr. McGee then crossed the street to 
 the south side. Witness's l)rotlier John bade Mr. McGee " Good night." Mr. 
 McGee replied, " Good morning — it is morning now," Messrs. Cartier and 
 Qttlt had parted at that time. Gait going towards the Russell House and Cartier 
 down, on the east side of Metcalfe street. Witness and friends were going in 
 the same direction on tho opposite side of the street. They had to cross to his 
 (witness's house), and they held back a little to allow Mr. Cartier to pass. Did 
 not at the corner of Sparks street stop when his brother spoke to Mr. McGee. 
 Witness then looked westward up Sparks street ; it was very bright, and he saw 
 no one on the street. Knew the person to whom his suscipion had at first been 
 directed by sight, but had no knowledge of his name. 
 
 Loms Roy dit Desjakdins sworn, testified— [Mr. Edward Kimber, inter- 
 preter.] I reside at Kamouraska. I came to Ottawa at the end of last !March 
 as a witness in the contested election for Kamouraska County. I was in the 
 House of Commons, in the gallery, on the Ist of April last. I remember that 
 the prisoner looked nervous and excited, and therefore 1 took particular notice 
 of him. I saw a pistol in his side coat pocket, towards the botton of the coat. 
 The prisoner went out of the gallery, returned in two or three minutes, and 
 stood in front of me, and then he had the pistol in his breast coat pocket. This 
 was on Wednesday, the lat of April. I am positive. Then the prisoner left the 
 gallery. 
 
 Cross-examined by Kexneth McKenzie, Esq., Q. C. — The pocket was on tho 
 outside of his coat. It was not an overcoat, though it might be over another 
 coat or alone. The coat was not buttoned. I never saw prisoner before that. 
 I remember I savr him again in some days in the Ottawa prison. I told the cir- 
 cumstance to Mr. Gaudette, a member of the House, as very singular that I hacl 
 seen a wild, excitetl man in the gallery with a pistol in his pocket. Tliis must 
 
« 
 
 
 have boon in a day or t;vn nftorwanls, ami ?)oforo Mr. McQee's ttoafh, I cleixrly 
 oaw four or five inchos of the Imm'l of the pistol. I did not count tho number 
 of barrels. Tho pockot handkorcliiof, which was hi tho breast pockot with *ho 
 pistol, prevented mo from seeing well tho number of bnrrcl^^. 
 
 EmvAKi) Stobu sworn — Lives in Maria street, Ottawa, and Is a messongor m 
 the House of Commons. The last soHsion commenced in November. Knt-w the 
 late Mr. McGee. Mr. McOeo attended tho first part of the session. Thj sccontl 
 part coramenco<l in February or March. Mr. McOoe attended then also. Wit- 
 ness (referring to a memorandum) said that tho second session oommenced on 
 the 1 2th of March. Recollects evening of 6tli April when tho House was in 
 session and witness on duty. The ovenHg session commenced at 7.30 j). m. 
 Saw Mr. McGee a few minutes before eight that evening entering tho House and 
 taking his seat. Mr. McGeo's seat was about tho fifth of the front row on the 
 iSpeaker's right. Mr. Cartwright occupied the other .seat at the same desk. Has 
 seen tlio prisoner at tlie bar at tho Hoase of Commoiis. The first time witness 
 saw him was between tho hours of 9 and 10 p. m. on the 6th April. [Witness 
 here referring to memorandum wap, directed by Hon. J. H. Cameron to spoak 
 without such reference.] Prisoner was in tne galleiy nearly opnoaite the 
 Speaker's chair. Witness going into tho gfdlory by tho south-west door heard 
 Mr. McGee, who was then addressing the House upon Dr. Parker's motion, use 
 the words, " Strike below the belt." Witness, at tho same moment, observed 
 
 Snsoner lean over the front of tho gallery, and shake his fore finger in the 
 irection in which Mr. McGee was sitting. This action called witness's attention. 
 Observed prisoner'o face. The lips were parted and the teeth set. Tho action 
 of the fore finger, with the others closed seemed to witness to bo tliat of a threat. 
 Noticed a small light complcxioned man in light clothes on prisoner's right. 
 Immediately afterwards prisoner lifted both hands up to his breast, and put 
 his right hand inside his coat, towards his left breast poclcot, as though feelmg 
 something there, and then nodded to his companion. Then felt his riglit breast 
 with his left hand. The other party answered the nod, and also felt up and 
 down his coat in the gr.me way. Witness was then called away, and left tho 
 two men in the gallery as described. Saw the prisoner again near midnight 
 standing in the main lobby on the same level as the floor of the House. This was 
 near Buckley's door. Prisoner was standing with his arms folded (his back being 
 towards Avitness, who came from the west side) leaning on his left leg, and with Ixis 
 heu i turned over his ehoulder, looking down the oast corridor towards tlie library. 
 Buckley was not there. Witness walked up to him and looked in his face, say- 
 ing, "You have no business here; this is not your place." Prisoner did not 
 reply, but walked out and sat dov.n on the stone steps outside the lobby, near 
 the entrance to the public gallery. Tliis entrance is immediately outside the 
 lobby door, and on tho left going out. Witness passed prisoner there and wont 
 on to tlie messengers' room down another flight of steps. Saw liim again in 
 returning from the messengers' room in 15 or 20 minutes^ still standing iii the 
 same place. Prisoner was tlion half leaning against, half sitting upon, the ytoue 
 coping of the stairway. The next time witness saw prisoner was in the north 
 gallery on the Speaker's left. Tliis was after 1 a. m. Prisoner and the man witness 
 saw first with him w ere sitting together whispering. Cannot say how long they 
 remained there. Mr. O'Reilly then |canie in and asked for 'M.v. Cameron, and 
 witness went out to send for Mr. Cameron. Witness next saw prisoner about 
 1 . 30 a. m., on the steps near Buckley's and the gallery door, almost in his former 
 position. Buckley was not there. This would be four or five feet from Buckley's 
 chair. Witness passed and went toi the messengers' room, where he found 
 Buckley. On his return the prisoner was gone. Saw him next in the gallery 
 nearly opposite the Speaker. 5lr. McCfee was not in the House then. This was 
 near t^'o o'clock. Prisoner remained there only a few minutes, when witness 
 lost sight of him. At two o'clock, wlien witness was posting a newspaper, saw 
 prisoner leaning against the left side of Buckley's door. Buckley was then in 
 his chair. The two were alone, conversing together. Wm. Graham, doorkeeper 
 to public gallery, was outside. Witness saw prisoner again that night, having 
 gone into the reporters' gallery, when the motion for adjournment was being 
 
1 
 
 22 
 
 m 
 
 H 
 
 ptit a few minutes past two. Prisoner was then in the passage to the public 
 galleiy, leaning over the back of the Senators' gallery. Fi-om hat position Mr. 
 McGee's seat 'could not be seen. After adjournment witness went down stairs 
 and prejjared to go home. Did not see prisoner afterwards. There was a party 
 of four (of whom the prisoner was one) to whom witncK s attention was first 
 called, in the gallery. The two others were dark, one with a tliin face. Wit- 
 ness's attention was called to the party fi-om prisoner's motion with liia hand. 
 The ethers were talking with him. There are no police in the galleries. Witness 
 asked some of the doorkeepers how it was that such persons, whom he consi- 
 dered suspicious, weie admitted. The others answered that all who had tickets 
 should be admitteti, u:id saw nothing extraordinary in their presence. 
 
 Cross examined by Hon. J. II. Cameron — The parties to whom witness made 
 this complaint wer(> Joseph Brown, Robt. Neil and John Buckley. The House 
 was very full that liight. There was nothing to draw his attention to the party 
 of four, but the action of the two who felt their breagts. It was unsual to see 
 anybody standuig in the lobl)y with folded arms. Witness saw other people in 
 the gallery, Mr, O'Gara among the number. Is satisfied tliat it was between 
 nine jp. m., and ten p. m., that lie heard Mr. McGee use the wortls " Strike be- 
 low the belt." Made the memorandum to wliich he had just referred for the 
 hour about ten days ago. Is sure that Mi. McGee sat down before lip. m. The 
 prisoner was leaning on tlie front of the gallery when witness saw him from the 
 gallery door pointing liis finger, and with a giin on his ftice. There were not a 
 great number of people in the galleries when the House adjoiuned. Not more 
 than thirty. There are not generally so many as thirty people whea the House 
 sits late. Tliere were not more than seven or eight in the public gallery. Had 
 never seen the prisoner before that evening. Prisoner lud an overcoat on that 
 night. It fitted tight, and came to his knees. It had one outside breast pocket, 
 There were no other outside pookets. It was buttoned by the second or third 
 button. 
 
 'tl lie-examinrd by Mr. O'Reilly — ^Keeps a diary, in which lie made an entry 
 r<^garding what he noticed that night in the gallery. His diary entries are 
 always made at close of r-ach tlay, and this entry was so made before he slept 
 that morning. [Diary lianded in.] Tlic following is from the entry relatmg to 
 the occurrence : " April, Monday 6, 18G8. At the House; sat very kle. Noticed 
 four men in the gallery near Speaker's ; very restless, one yoimg r.ian, fair com- 
 plexion the worst ; adjourned at 2. 10 a. m." 
 
 To Hon. ,]. H. CAMKaoN — The restlessness of the others (of the four) coiisisted 
 in their leaning together and speaking across. Did not hear of Mr. McGeo's 
 death until 7 a. m. of Tuesday. Did net note anythmg of the prisoner's threat- 
 ening manner. The House adjourned at 2.10 a. m. It was not from the diary 
 that witness ascertnined the hour when he first made the observation, but from 
 a memorandum made ten days ago. 
 
 George R. Grego sworn — Is a reporter on the staff of the Toronto Leader. 
 Was in the Reporter's Gallery of the House on the night of 6th April last. 
 Knew Mr. McCfee, who addressed the House that night. To the best of witness' 
 recollection Mr. McGee rose about 9.40 m. m., and closed about lip. m. 
 
 Cross-examined by Hon. J. II. Cameron — Does not know if Mr. "M^ cGee spoke 
 twice that night. 
 
 Adoi.phe Pivakd sworn — Is one of the city policemen. Was c duty Oii 
 the night of the 6th April with policeman Jordan. Was at tlie police 
 station that night, leaving it at 2.10 a. m. Walked as far c.s the corner of the 
 Russell House. Did not know that the House was adjourned then. Saw some 
 persons coming fi-om there. Witness and Jordan walked down together to the 
 cf /ner of 8us.sex and Rideau stieets. Then down Sussex street to Lapierre's 
 tavern. Did not notice any person on the way. Witnesss entered Lapierre's in 
 search of a prisoner, 'vhile Jordan renuiincd outside for about a miaute. Then 
 Joi-dan entered, and witness said there was no one there. Then a little French- 
 man named LabeUe entered, and told them that " McGee is after getting beat." 
 He first told this to Lapierre ami aftenvai-ds to witness. Joixlan and witness, 
 being of opmion that Mr. McGee had been knocked down, started immediately 
 
2^- 
 
 for Upper Town, where they understood the occurrence to liave liappened. On 
 tlie bridge they (the |)olicemen) met a man whom Jordan knew, and who gave 
 him (Jordan) some niformation. The latter then despatched witness for con- 
 stable McVeity at the Town Hall. Witness found that McVeity had left, and, 
 on subsequently i-eaching the spot where Mr. McGee was lying dead, saw Mc- 
 Veity and others there. Subsequently got information as to the murder This 
 ^va8 at Lapierro's, while witness was hunting for Labelle, whom he did not then 
 know. It was on Tuesday or Wednesday that witness commenced his search 
 for Lacroix. Lajiierro, in the course of this, to):' witness that a man namod 
 Ijjicroix had hajipened to pass by when the shot eras fired. Ijipierre's wife tried 
 to stop her husband from giving this information, but was over-ruled by witness. 
 Commenced then a search for Laci-oix, whom witness did not know, and, vnth 
 Jordan, found him on Le Breton's Flats. That was on the second day following, 
 about lip. m. or midnight. I^icroix was in bed. Thinks this was on Wed- 
 nesday night. It must have been on Tuesday evening that witness first hearfl of 
 Lacroix. It seemed like a day and part of a night between the time witness 
 got the information and the time lie found Lacroix. Whelan had then been 
 arrested. Witness had been at Presccit in the meantime. It must have been 
 Thursday or Friday that he found Lacroix. A woman admitted him to the 
 house, wliere he saw Lacroix in bed. Witness spoke to liim (in English), and 
 .said tliat he had better come off to the magistrate. The wife began to cry, and 
 hoped they were not going to do lier husband any harm. They three then started 
 in a cab, coming up Wellington street, to McCullough's corner, and then turning 
 into Sparks street. Drove up Sparks street some way and left the cab. Either 
 witness or Jordan asked, when they had walked as far as Clark's comer, in what 
 direction Lacroix had come. The latter then started up O'Connor street, as if 
 he was about to clear homewards. lie stood and looked at the policemen when 
 at the theatre comer, a*^d then set out to walk across the vacant lot there, to 
 the comer (N. E.) of O'Cornor and Sparks streets. He then walked along clcse 
 to the fence, down Sparks street, eastwards. After he had walked a piece, he 
 shewed witness where he had first seen the "big man'' — the first man. The 
 big man must have beon then 40 or 50 feet from Mrs. Trotter's door. ""'' 
 
 Mr. M. C Cameron here objected tiiat this line of examination was not evi- 
 dence. 
 
 Mr. O'Reim.y said that Pinard was called on demand of tlie defence, and 
 that he could not understand their present objection to his examination, which 
 had only been suggested by a gentleman who was not a member of that bar. *"' 
 
 Mr. P. J. BucKr.EY — I beg your pardon : it was I who suggested it. 
 
 The objection being insisted on, Mr. O'Reilly abandoned the examination 
 on this point. 
 
 Cross-examined l)y Mr. M. C. Cameron — Recollects distinctly the circum- 
 stances of the night when Mr. McGee was killed. Made no memoranda of any 
 of tliese circumstances, but did of the date. Recollects distinctly that it was 2.10 
 n. m. by witness's watcli when he left the Town Hall. Witness's watch generallj' 
 regulates the town clock. (Laughter). Did nothing out of the wa}- at the Rus- 
 sell House comer. Saw nothing i)articular there. Walked on to Ijapieire's, 
 stopped for a few seconds at the corner of Sussex and Rideau streets, looking 
 behind and before, to the right and the left, as a policeman always does. 
 (Laurrhter.) Witness's eyes are as good as Jortlnn's. Did not see anybody mn- 
 ning on Rideau street, nor did Jordan tell him of any liody. Might have looked 
 down George street for the man they wanted. Had arrested young McCormick 
 at Letter 0, Red^iath street, the same night, and saw a light in Lapien-e's coming 
 back. Did not go in there, because they bad a prisoner alrea^ly, and their prac- 
 tice here is to make sure ofonefir.it, (Laughter). Does not know what o'clock 
 it was when they returned to the station. Went back with tho intention of cal- 
 ling .it Lupienv's on their way again to Reflpath street. Did nothing when he 
 entered Ijapierra's but take a glass of wo,ter at the bar, and said nothing until 
 Jordan entered. Ran into the bar-room and found there young Eagleson, Ger- 
 main and JjapieiTC. Wlien Jonlan entered, witness said there was nothing there. 
 LabeUe came in after Jordan, not five minutes after. Made no enc^uiry as to 
 
»''■• 
 
 24 
 
 r 
 
 In 
 
 the party tliey desired to arrest. Lapierrc knew of tlio matter, l>ccaur5e witness . 
 had been there before that night about 11 or 12 o'clock. Lapierre knew that 
 witness was looking after a prise ner, hqt did not know who the prisoner was. 
 Witness was out from 11 to 1 LaboUe told those in tlic house tliat Mr. ilcGee 
 had been struck or beat (f.appL) Witness made no furtliev enquiries, but went 
 up town at once. Witiiess went to Prescott the same day, returning in the 
 evening. Heard of Lacroix next day. Did rot previously know Labelle, except 
 by sight. .Jordan and witness were kept on duty while the other policemen were 
 alloAvedto go round. They therefore, resolved to hunt up Labelle. Had no ideabl 
 getting any portion of the reward. Had not seen the proclamation when he 
 vv^nt to Lapierre" s. Preferred to get evidence of the murder to doing regular 
 duty, because he wished to get a name up like many others. (Laughter.) Tf 
 Joi'dan said that it was five or six days later that they went to L«\piorre's, he 
 must have been mistaken. It was seven or eight o'clock when they reached 
 Lapierre's. Asked Lapierre who the little man was who had to'd them of Mr. 
 McGee's hurt. He said a man calleu Labelle, a government messenger. Jordaj^ 
 and Litle were outside. Lapien'c's wife called him up stairs, and witness r<^*, 
 turned to ascertain Labelle" s street. Lapierre said on Bolton street. Don"t re- 
 collect how Lacroix's name \\as brought in. Lapierre said Lacroix had been iri 
 there either " to day or yesterday." Witness asked if Lapierre knew liim, and 
 Lapierre said that Lacroix had seen a man shot. The wife then said '"Wliftt 
 will you be talking of next ?" Witness reported to the police magistrate, who 
 sent him to search for Lacroix. Went to do so to Parent's, on Church street, who 
 knew nothing of the man. Got information of him in Bolton street, ho think?, 
 from a man named Bown. He said that witness could get information near the 
 gas-house. Found an old woman there, whose name witness does not know, 
 who directed them to go to the Chaudiere. This was between eleven and twelve^) 
 o clock. Went the same niglit to the Chaudiere, but not right ofT. Had then the 
 watci: chat regulates the town clock in his pocket (laughter). Got to the Chau- 
 diere pretty near twelve. After seeing the old woman Jor'lan and witness agreed 
 to get a buggy, bein^ tired. Got the buggy on the stand. It was Mr. Mclntyre"s 
 ))uggy. Knows the driver. It would take 15 or 20 minutes to drive up. The people 
 were all in bed. A woman came to the floor when they knocked. When wit- 
 ness entered he asked for a man named Lacroix, who the woman said was there. 
 Found he house at tiie Chaudiere from the information of the old woman, who 
 directe-' them to tho iirst little house past Pooley's bridge. Does not know her 
 name. She had ney.-r been at the house, which is in a hollow. The place is 
 called Le Gales m French. When witness entered the house, Jordan was close 
 to hun. Had no conversation with the woman. Lacroix put out his head, the 
 woman having disappeared into an inner room, and answered for himself. 
 Tliere w.is a candle lit after witness had said tliere was nothing to bo afraid of. 
 No conversation passed till tlien. [Witness hesitated for a long time on being 
 asked if the light was lit before he answered.] 
 
 Mr. M. C. Cuiekon— Eertect a little. Don't balance $20,000 and this man's 
 life. 
 
 Mr. f.)"REiL:.Y— I object to that remark. It is one Counsel has no right to. 
 make. 
 
 Cross-exaviinniion continued — Witness could not tell wliether the candle was 
 lit or not when lie entered. Did not go into the inner room. Asked if the 
 man's name was Lacroix. He said "Yes." Lacroix answered from the bed. 
 Tliere were two women there. Witness asked, "Are not you the man wlio was 
 passing at the tune of the row in Upper Town?" [Witness " disremembered 
 exactly"' some of this conversation.] Lacroix " kind of said yes." Witness 
 then told him to put on his cap and come along. Tlie woman then legan to 
 cry. There was no other conversation. If Joruan said there was, tiiat niight 
 be too. Witness never had a picture of prisoner or of Mr. McGee. [Witness 
 liositated a very long time on being asked how he sat in the cab, and was cau- 
 tioned Ijy the Court tljat he must not make Mp any story, but say that ho did 
 not locohecl, if he did not.] ^I'liere was no .uversation in the cab. When the 
 cab stopped, it must have been twelve or lat\!r. It is about a mile to the Flats. 
 
 \M 
 
 m 
 
K 
 
 Hi 
 
 8& 
 
 
 3ed 
 
 "Witneps and Jordan stopped the cab on Sparks street. Tliiuks it was he who 
 tokl the cabman. Stopped above the corner, perhaps three blocks of 66 feet 
 each — it might have been more. Sent a.vay the cabman, because they did not 
 \vant liim to know what they were after. [Witness liesitated on being asked if 
 Whelan was then in gaol.] Knows that W^lielan had been arrested. It was not 
 very dark when they brought in Laci-oix, not very hght, half and half. Disre- 
 members if it was moonlight. Either witness or Jordan asked Lacroix "Where 
 was it that you saw the row. ?' ' Ijacroix then started off' down the street towards 
 Desbarats' block, and, turned up in a huriy to Wellington street. Witness fol- 
 lowed at a distance, and found him standing at the theatre corner. He then 
 doubled back— tthe constables w^),tching him from the vacant lot — to the comer 
 of the fence, where he turned short and walked down Spai-ks street. [Witness 
 hesitated again, and repeated many of the questions put to him, wheii interro- 
 gated as to whether he crossed to the south side of Sparks street.] Witness then 
 described what Lacroix told him of his observations on the night of the murder. 
 Ijaoroix was east of Mrs. Trotter's when he stopped first to show where he had 
 first seen the big man. It ivas nearly opioosite Mrs. Trotter's. Lacroix walked 
 about 30 feet before he stopped to indicatti where he had seeii the second man. 
 The men were 25 or 30 feet apart, the V man being about 25 feet from Trot- 
 ter's. Lacroix heard the shot when he was near Mrs. McKenna's door. Showed 
 Avitness wliich archway the man came out of. There are two. He came out of 
 the nearest to Mrs. Trotter's. The post against which the man ran was nearer 
 to Mrs. Trotter's tlian tiie archway. Knows Edward Germain, a tanner. Never 
 said to Gennain that witness wanted a good witness against WheKn, and that 
 if he had a good witness he would get part of the money. Never said this to 
 him or any other man. Had no conversation with Germain about the murder. 
 Does not recollect asking about witnesses in any house where Germain wa.^!. 
 After having made the examination of the ground with Lacroix, took him to 
 Mr. O'Gara's, getting there a little after 12. Mr. O'Gara was at the station. 
 The evidence was taken down that night, 
 for trial. Lacroix was never brought up 
 prisoner. Prisoner was not committed 
 examined a second time. 
 
 Mr. M. C. Cameron here demanded from Mr. O'Reilly the deposition of Lacroix 
 before the Magistrate. 
 
 Mr. O'Reilly declared that none had been taken. -W* 
 
 Witness continued. — Was sent nearly two weeks after to aunt up Lacroix. 
 On the first occasion there was no formal examination of Lacroix. Witness did 
 not tell Mr. O'Gai-a anything of what Lacroix had said. Witne^^s was surprised 
 at his liiwing been sent away. The next day some policemen mentioned this 
 matter of Lacroix' s laughingly, and witness thought that it would be ditferent 
 when Mr. O'Reilly came home. Told the Chief of i'olice what Lacroix had said. 
 All the conversation with Lacroix was in Engli.sh. Lacroix could have exjilained 
 it equally to Mr. O'Gara as to him. Witness told the Cliief of Police the second 
 day that Lacroix had been brought there, that he said he had seen the man 
 shot, and that witness believed him. This was before Lacroix was taken the 
 second time. Told the Chief of Police that Lacroix had seen the man ''fall,"' 
 not s^hot. Mr. O'Gara had told witness to bring up Lacroix, and when he did 
 bring him up Mr. O'Gara discharged him. Witness heard them laugliing during 
 their conversation with him. Sergeant Davis was there, and a Montreal detective. 
 Mr. OGara htvd not promised to remain until witness brought back Lacroix. 
 Never saw a photograph of Whelan witli Joi-dan. Never saw any such photograph 
 exceitt in shops. Never showed one to anybody. Jordan never showed one to 
 Lacroix in witness's presence. 
 
 Ke-examined by Mr. O'Reilly — Does not know the conditions of the reward 
 spoken of by Mr. M. C. Cameron. It would be hard for witness to read it, beuig 
 no scliolar. Does not therefore know that Mr. M. C. Cameron's name was 
 attached to the pi-oclamation ; that, in fact, Mr. M. C. Cameron had himself 
 signed this very proclamation of which lie is now spouking. (Applause in court.) 
 It was Mr. O'ReiUy wlio sent witness the second time for Lacroix, who was found 
 
 The prisoner was not then committed 
 
 to give evidence in presence of the 
 
 for some time after. Lacroix was 
 
 i • 
 
 f ' 
 
 i \ 
 
26 
 
 fiome nine or ton niilos from town. Gormain, Engleson and Jjijiiprre were 
 l>lnying cards tofiothor wlien witness saw them, on the night of the rdurder in 
 the bar-room. They went out with witness on the news being given by Labelle. 
 Lacroix had told witness that tlie man who tired the shot had run out into the 
 road and frightened him. Tlmt lie had struck a post in retreating, and exclaimed, 
 " Jesus ! " The post was one for tying horses to. Lacroix had said that he was 
 nfraid to tell the story lest he himself should he accused of the muixler. *^ 
 
 John Joseph MoGre sworn. — Is half brother of the late T. D. McOee, antt 
 lived with him in St. Catherine street, Montreal. Mr. T. D. McGeewas at home 
 on New Year's night last. Between 1 and 2 A. M. two men came to the house. 
 Witness's brother had just retired. Tliere was«i ring at the door which witness 
 opened, and saw the two men, one of whom he recognised in the prisoner at the 
 bar. Prisoner said he wanted to see Mr. McGee on particular business. Witness 
 said it was an unusual hour, and that he would convey the message. Prisoner 
 said that he must see Mr. McGee himself. Witness then shut the door, and 
 went up to consult his brother, who told him to let the men in, but to stand by 
 in case of need. When witness returned to the door prisoner was there alone. 
 Brought him up to the library, locking both doors and putting the keys in is 
 pocket. Prisoner saw witness do so. Prisoner took a chair in the middle of 
 the library, and told Mi-. McGee that an attack would be marie that night about 
 four o'clock on the house. That he heard this from his friend, whose name ho 
 could not give. Gave his own name as " Smith, of the Grand Trunk." Mi-. 
 McGee remarked that prisoner's friend was outside, and directed witness to go 
 down anci open the door. Witness did go down and opened the door, and 
 observed the man leaning against the fence 22 paces away. Hailed the man 
 loudly, who did not answer, but moved away down the street. Returned to the 
 library, locking l)Oth doors as before. His brother was in the act of writing a 
 letter to the chief of police, he believes, when he retunie<l. [Letter produced 
 and identified.] After the letter was written Mr. McGee handed it to the pris- 
 oner. The letter ran : "Information has been brought here of an intention to fire 
 this house at 4 A. M. At this hour (2.30 A. M.) I cannot see the proper officer, 
 but I request a guai-d of two men. or more if deemed necessary." It was ad- 
 dresse'^l to thfi Superintendent of Water Police. Witness had told Mr. McGee 
 that it was tlien iialf-i>ast two, which was the reason that this time was nientione<l 
 in the note. On letting pilsoner out, however, witness looked at the clock, and 
 found that it then wanted a quarter to two. No pei-sons came to attack the 
 liouse. The police camu between tive and six. Saw prisoner next in gaol. 
 Recognized each other mutually. Prisoner said, " You're John McGee." 
 Witness asked, " How do you know ? " Prisoner said, " I met you at the house 
 of your late brother." Witness had been looking at prisoner before the latter 
 spoke from a distance of five or six feet. 
 
 Oross-examined by Hon. J. H. Camei-nv. — Is quite sure that it was prisoner 
 who said that he was Smith of the Grand Trunk. It was Mr, McGee who asked 
 the name, and prisoner did not refuse to give it or any. There was notliing said 
 about the house being set on fire in witness's presence. Witness was al>sent, 
 calling the other man, whil*:^ most of the conversation was going on. Have no 
 distinct recollection of the prisoner saying an> thing in the presence of witness, 
 except that he had an important communication for Mr. McGee. Heard nothing 
 whatever of the information which resulted in the note written by his brother. 
 Has no distinct recollection of any wo-xls used by prisoner to Mr. McGee about 
 a projected attack of incendiaries. 
 
 Re-examined by Mr. O' Keilhj. — On the prisoner first going up to the library, 
 he took a seat, but witness did not hear the first communication he madp. In 
 half a moment after he gave his name as Smith, and then referred to liis friend 
 being outside, requesting witness to admit him. When witness returned, prisoner 
 was saying that he had been at a dance, where his friend had communicated the 
 information he had just been imparting to Mr. McGee. 
 
 Geouoe Hunter sworn — Is a water police omcer of Montreal. Recollects 
 New Year's night last, llis chief was Cliief Constable McLaughlin, to whom 
 Mr. McGee's letter (produced) is address'."!. That letter was delivered at tho 
 
27 
 
 Si 
 
 golice station by prisoner at 4.45 a. m. on tlie second January. That letter was 
 anded to witness by constable Holbrook and taken up by witness to Mcljaughlin. 
 The prisoner was present when Holbrook gave witness the letter. The Chief 
 aakea witness when he had received the letter, and witness replied just then. 
 Saw the prisoner on coming down stairs, and asked him to wait. Witness went 
 again upstairs for a couple of rcvolvei's, intending to take two men with him to 
 Mr. McGee's. Prisoner said that his friend was waiting for him, and he could 
 not stop. Witness then went on to Mr, McGee's house, which is about a mile 
 away. Met no one on the way. 
 
 Cross-examined by Hon. J. H. Camerox — ^The other police station nearest 
 that of witness's is about a (juarter of a mile. The chief station of city police 
 is also a quarter of a mile distant down the river. 
 
 To Mr. O'Reilly — The city police station is nearer to McGee's than wit-^ 
 ness's, and is passed on going to the latter. 
 
 Constable Benjamin Holbrook sworn— Is one of the Montreal water police. 
 Was on duty on the wharf on New Year's night. Knows the prisoner. Met liim 
 on the morning of the 2nd January at the comer of Grey Nun and Common, 
 streets, about 4.45 a. m. He was then with constable Choquette, who told 
 witness that prisoner had a letter for the Superintendent. Witness asked for 
 the letter. Whelan pulled it out and gave it, saying that he had been looking 
 for Chief McLaughlin. Witness said, " You are all right now," and asked whom 
 the letter was from. Prisoner said from Mr. McGee. Witness asked if there 
 was anything up. Piisoner said no. Witness asked how it was he had not 
 brought the letter before. Prisoner said he had been to Chaboillez-square sta- 
 tion, and had been sent thence to the Central Station, and fooled about all 
 round. Witness asked prisoner to wait to see if there would be an answer. 
 Prisoner said, " I don't think it." Witness left him in the station. It is about 
 half a mile thence to the Central Station.' Never saw the prisoner before. 
 
 Constable Choqlette sworn — (the Court intimating that it did not see the 
 necessity of his evidence) — Was on duty as one of the police of Montreal on 
 the morning of 2nd January. Saw prisoner coming <lbwn the wharf as from 
 the Bonsecours Market. At the corner of Grey Nun and Common streets, pri- 
 soner handed Holbrook a letter in witness's presence. 
 
 To Mk. M. C. Cameron — Does not know if there was any report then current 
 as to Mr. McGee's health. 
 
 John McLaughlin sworn — Is Chief of the Water Police of Montreal. 
 Sergeant Hunter handed him a letter on the morning of the 2nd January. 
 [Letter produced and identified.] This was at twenty minutes t<5 five o'clock. 
 
 Pierre Labelle sworn — Was in Ottawa in April last employed as messenger. 
 in the House of Commons. Recollects the night Mr. McGeo was killed. Was 
 at the House nntil its adjoumment. Then went home about 2.30 a. m., to 
 Bolton street, Lower Town. Went home by the Russell House. Saw a c»'o.vd 
 toking Sparks street going up. Went on across the bridge. A man overlook, 
 and passed him. The man said in passing "Have you heai-d the news ? Mr. 
 McGee is shot." It was a man witness knew, and whom he addressed as John. 
 It was John Buckley. When witness addressed him saying, "Is that you John?" 
 he made no reply, but ran across the bridge, which they were just coming v'o. 
 The man ran, and disapjjeared in a straight direction. Witness turned up 
 Sussex street, and saw Mr. Pinard, whom he told that Mr. McGee was shot. 
 This was at Lapiorre's. The word witness used was tire. He spoke in French. 
 Buckley was not running fast. 
 
 Civss-examined by Hon. J. H. Cameron — The man wlio ran had a low-crowned, 
 black hat. There was a messenger walking down the street after witness, who; 
 joined the latter before reacliing Lapierre's, whicli he entered with witness. 
 This messenger's name was Roberge. It was three or four acres from Lapierre's 
 that they joineti company. Both constables were inside the tavern when witness 
 came up. He did not know either of them was there when ho entered. Saw 
 nobody else coming dovm Sussex street, although he looked up and down before 
 going in. Saw nobody in front either. Is quite positive of tliis. Did not then 
 know Lacroix, and did not see him that night. 
 
 ; I 
 
 n 
 
9^ 
 
 N 
 
 To Mr. O'Reilia-— Recollects that he looked behind, became ttieM^sseii^^^; 
 Koberge, called hiui. This was opposite York street. 
 
 "5 Wedxesday, 9tu Sept., 1868. 
 
 Joiiy DowxES who being sworn gave the following evidence : — Lives on Met- 
 calfe street, is a cabdriver in the employ of Patrio': Euckley. Drove Sir J. A. 
 Macdonald to the House of Commons on tlie evening of the 6th April last- 
 Reached the House about 7. 45 p. m. When Sir John had entered the House 
 witness drove home to feed his liorses, returning to the House in about an hour. 
 Know^ the prisoner slightly. Knew him first in Quebec under the name of Sul- 
 livan. This was about three years ago. Does not know what his business was. 
 Recognized prisoner in Ottawa as the same person. The last time witness saw him 
 here was on the night mentioned when he brought Sir John to the House. Saw 
 prisoner tliat night standing leaning against a buttress of the main entrance 
 tower. This was about 9 p. m. or 9.30 p. m. It was after witness had fed liis 
 horses. Prisoner Was leanuig against the buttress when witness drove up. 
 After doing so, prisoner went thence into the House. Witness saw him again 
 in about an hour coming out. Prisonci' went down, this time, in the direction 
 of the Russell House. Witness saw prisoner enter the House again, about an 
 hour and a half later. Is not very sure of the time. Prisoner was then alone. 
 He came out again, and stood about the door, and then turned in again. He 
 was not very long standing about the door before he turned in. Could not say 
 how long. It might be a quarter of an hour. Saw prisoner coming out of the 
 House again in four or five minutes afterwards. The House was then a4Journed, 
 and witness drove a^v;iy. Witness asked prisoner, when he was going in the last 
 time, if the House was adjourned. Prisoner said he did not know. When pri- 
 soner came out again (the last time) he told witness "they were all coming out." 
 Sir John was then coming out, Buckley with him to open the carriage door. 
 When witness drove off he left Buckley standing there. Prisoner was then 
 going straight dowii tlie centre walk, and was about 20 yards from Buckley. Saw 
 no peraons that night in jivisoner's company. Prisoner was tin first man to 
 come out after the House adjourned. Witness drove Sir John home to Daly 
 street. His house is not a nnle from here. (The Court House.) It took about 
 five minutes to drive from the Parliament Buildings to Sir John's house. Wit- 
 ness drove back, at a walk, after leaving Sir John at home, and met plenty of 
 people coming from the House on his return. It was exactly 2.15 a. m. when 
 witness passed McGillivray's clock on Sparks street on his return. Russell's 
 Hotel was all lit up. Witness went home straight to put up his horses. Saw 
 Buckley there and spoke to him* This was Pat. Bucldey. Ho brought a light 
 to the coach house. 
 
 Ch-oss-examined hi/ Son. M. C Cameron — Used to see the prisoner at Quebeq, 
 when witness was driving for a man there, to whose house prisoner sometimes 
 came. Knew that prisoner \vas then in the Volunteer divalry there, but not 
 tliat he was a tailor. Does not recollect speaking to him in Quebec. Recollects 
 no conversation with him here except at the door of the Parliament House as 
 narrated. Was not near enough prisoner during the quarter of an hour during 
 wliich he remained outside the Parliament entrance to converse with him. 
 Witness kept his eye on prisoner during that time. Plenty of other people 
 whom witness knew entered the House during this interval. Witness cannot 
 name any of them. There was nothing suspicious in prisoner's actions. Witness 
 drove away by the east road past the Coimcil Room. Prisoner was then going 
 towards the centre walk. He had not got as far as the steps. There were other 
 people going down — perhaps a dozen— all going down together. The others 
 wore going down after i)ri8oner. When Sir John entered the carriage prisoner 
 was about 20 yards away. Witness's carriage was then under the archway. 
 When prisoner came out and said they were coming out, witness's horses heads 
 were inside the archway, and witness then drove the carriage under, while the 
 
 Srisoner walked slowly away. Mr. Macdougall came out vv'ith Sir John, and 
 rove home with him. Could not have driven from the House to Sir John's and 
 back to MacGillivray's in less tlaan fifteen minutes. If the clocks were alike, 
 must therefore have left the Iloiise at two. Does not know if prisoner was 
 
29 
 
 called SulHvan in the Quebec volunteers. Has seen liim in uniform — cavalry- 
 uniform. Prisoner camo to the house where witness lived in Quebec to see a 
 sergeant of volunteers — his sergeant — who lived there. 
 
 To Mk. O'Reilly — Prisoner wore a dark coat and cap that night. 
 ^ To Me. M. C. Camkron — Had deposed to the magistmte tliat it had struck 
 thr^se after witness had done up his horse. Had also deposed to its being 2.15 
 . jft. m. when he passed McGillivray's. 
 
 William Gkah.\m sworn — Was employed last April as sessional door-keej^er 
 pf the House of Commons. Was then door-keeper of the public gallery. The 
 door kept by witness is not more than four feet from where Buckley sits at his 
 .door. Has seen the prisoner several times. Does not recollect the lirst time. 
 I'risoper was a general visitor to the House during the latter part of last session, 
 pai'ticularly when Mr. McGee was well and able to come to atldress the House. 
 Prisoner was a general night visitor. He did not come when Mr. McGee was 
 sick and absent. Recollects particularly tliat on the night of the 6th of April 
 prisoner gave him three dirt'orent tickets for admission to the gallery— which he 
 thus entered three times — between 9 P. M., and michiight. Prisoner first went 
 up between 9 and 10 P. M., remaining up about a quarter of !vn hour. Prisoner 
 had a general conversation with Patrick Buckley on eveiy tune witness saw him 
 in the House, before going up to the gallery. Buckley and prisoner ai>peared 
 to be very intimate acquaintances, and generally spoke so low that witness 
 could not overhear them. Prisoner spoke to Buckley each time he came down 
 that night. There was about three quarters of an hour interval between each 
 time of his going up. He attracted witness's attention more than usual that 
 night, from seeming more excited. He was dressed in a long black coat, light 
 pants, and a cap. The coat had green braid round the neck. It was 11.45 P. 
 M., when prisoner gave witness the last ticket. There is no other entrance to 
 the public gallery except by witness's door. There are other ways of getting to 
 the other galleries. Witness does not recollect seeing Mr. McGee that night, 
 but understood that he was in the House. 
 
 Ofoss-examined bij Hon. J. U. Cameron — Does not remember the day on wliich 
 the session began. Does not remember seeing Mr. McGee at all during the first 
 part of the session, nor when the session opened. Thinks that he was not there 
 at the openipg of the second part, but is not certain. From the opening of the 
 second part pf the session up to the time of his murder, Mr. McGee ^vas frequently 
 a^t fJie House, frequently spoke there, and seemed to be getting better. Does not 
 know that Mr. McGee was constantly at the House from the 12th March to the 
 6th Api'ih Never saw him address the House but once. He might have done 
 so every night without witness's knowledge. In witness's deposition before the 
 magistrate, liad stated that prisoner went up to the gallery four times, and 
 
 fave witness four tickets, "'hat waa wrong, [Witness's deposition before the 
 'olice Magistrate here produced, and witness examined as to its correctness. 
 Witness had deposed then that prisoner wore a light coat, and that he could 
 ijot recollect what sort of hat.] The description witness now gives of prisoner's 
 dress and appearance is the correct one. Witness <ioes not know how it hap- 
 pens that his depositions say otherwise. If so. they say wrong. Has never had 
 any altercation with Buckley but once^ when the latter took witness's chau* and 
 seemed crusty about giving it up. 
 
 To Mr. Okeilly — If witness's depositions seem at variance with his present 
 evidence, they must liave been wrongly taken down. 
 
 Edward J. O'Neill sworn. — Is a detective officer of the city, and was so on 7th 
 April last, the morning of Mr. McGee' s death. Got information of hia death 
 between 2 a. m., and 3 a. m. Witness made search for the murderer. Received 
 information from several parties — among them Patrick Buckley — which induced 
 him to arrest the prisoner. Found him in lificbael Starr's tavern, in Clarence 
 street, beliind the market. This was at about 9.30 p. m., on the 7th, after 
 dark. Saw prisoner immediately after entering Starr's, at the bar. Davis, 
 CuUen and others of the force accompanied witness. Witness instantly ac- 
 qosted prisoner^ who was sitting down, and asked his name. Prisoner replied, 
 James Whelan. Witness then said, " You are my prisoner." Davis then came 
 
 'W' 
 

 30 
 
 A 
 
 •up, nnd he an<l witness then «e!\roherl prisoner. Found a box of cartridges in hid 
 .pocket. (Cartridges produced.) Found also some papei-s, tickets, tlio Irish 
 American newspaper, of tlate of the 7th March, 1868 ; found also a badge of the 
 " Toronto Hibernian Benevolent Society." [Badge produced, is of green silk, 
 bearing the phoenix, the sunburst, and other such devices in gold,] found also 
 a card of the St. Patrick's Benevolent Society, vhich seems to intimate that 
 prisoner's dues have been paid up to 26th of December ; found also a photograph 
 of a la<ly, a ticket from the St. Patrick's Literaiy Society, two tickets of the 
 Shamrock Quadiille Club, signed W. D. O'Brien, Secretary, one of them in 
 blank, the other favoring Mr. Jas. Whelan and lady. (All these articles pro- 
 duced.) There is no date on these last tickets ; the second of which is en- 
 dorsed " not transfemble." [In reply to the Court, Mr. O'Reilly intimated that 
 he did not consider these sufficiently important to require noting down.] 
 Found also a revolver, whicli witness saw Sergeant Davis take. Witness had 
 previously felt it in prisoner's pocket. There was also a cleaner, like a ramrod. 
 All these were found on prisoner's person. Nothing else. 
 
 To TUB CovRT. — The revolver was taken from the right hand side pocket of 
 •prisoner's coat, in front. 
 
 To Mr. O'Reilly. — Brought prisoner up to his room, and asked him to point 
 out his clothes. Prisoner did so, and witness took possession of them. Also Of 
 the saddle-cloth and trappings produced. [These are green and gold, and were 
 used by prisoner as Assistant Marshal of the St. Patrick's day procession.] The 
 cartridges pi-oduced are known 88 "Leet" cartridges, and nt the Smith and 
 Wesson revolvers. 
 
 [Sergeant Davis here produced the revolver, and was put into the witness 
 box, to identify it as the one found on the prisoner. In reply to Mr. O'Reilly, 
 Davis gave the following evidence : Assisted O'Neill in the arrest and search Of 
 
 i)risoner. Took thj revolver produced out of his pocket. Knew liim before, 
 laving seen him last winter with Mr. Eagleson, the tailor. Witness pointed 
 him out at the time of the arrest.] • , 
 
 G'NeilVs examination resumed. — The revolver produced has every appear- 
 ance of the one witness saw taken from prisoner, and then examined- Found 
 then that five of its cartridges (six chambered cylinder) had the appearance of 
 liaving been in for some days, while one seemed recently inserted m the cham- 
 ber. On the top of each of the balls was fresh grease pressed in' on every side 
 of the chamber. The grease was then much more obvious than now. This was 
 quite new grease, while the cartridge grease was old and of a different color. 
 If this grease had been put there by the revolution of the cylinder, it would 
 have been on one side only, not all round tlie balls. The inside of the barrel 
 appeared to have been recently greased or cleaned, but at the mouth showed 
 the appearance of a fresh discharge of powder. [Witness here pointed out the 
 cartridge which he believes to be the newest, but which was much brighter at 
 the time of his first examination.] Five of the cartridges had some dirt on the 
 ends, as if old ; the sixth was free from all dirt, from which witness inferred 
 that it had been recently inserted. Its flange was a little thicker than those c '" 
 the others. The new cartridge was very easily distinguishable at the time from 
 its brightness. Dr. Vancortlandt gave witness a bullet and some teeth (pro- 
 duced). The bullet is of the same size as those in the cartridges. Witness 
 asked prisoner to account for himself when bringing him up to the station, tell- 
 ing him that he had been seen in the gallery of the House that night. Prisoner 
 said that he had left before the adjournment, and came right home, across the 
 grounds, by the Post office, and over the Sappers' bridge, and down Sussex 
 street. Said also, *'Why should I be remarked for going there that night when 
 I was there often before ? " Does not recollect prisoner saying any tiling further. 
 [Mr. O'Reilly here proposing to question witness as to the newpaper found on 
 prisoner, Mr. M. C. Cameron appealed to the Court to say whether such exam- 
 mation could be brought into evidence. The defence felt it dangerous to 
 object to anything, but left it to the Court to say whether such matters could 
 fairly be conneot»Ki with the crime charged. Hon. J. H. Cameron argued also 
 in support of this view, and Mr. O'Reilly desisted.] Found also a pair of light 
 pants (produced). Found no cap. 
 
BBI 
 
 ■■^ 
 
 31 
 
 I 
 
 Cross-examined by Hen. J. II. Cameron — It is or tJid assjunptinu that tho 
 revolver had been cftrrie<l about, that witness considers tliat he could judge of 
 the grease on it being fresh or otlierwise. Tho stain of powder will last perhaps 
 two days after tho discliargo. Witness does not sny now wliat barrel it was that 
 had been most recently discliarged. If tho l>arrel were now empty, and were to 
 be fresh loaded, it would not be in the least like the others in appearance. 
 This witness swears positively. [Witness here went into an elaborate explana- 
 tion of tho greasing of pistol cartridges.] The grease he found on the balls was 
 certainly applied after they had been put in. Cannoi say how long the grcaso 
 would remain noticeably fresh. It was as white as snow when witness found 
 f the revolver on prisoner. The coat produced (which prisoner liad worn at the 
 ! time of his arrest) is not what woulcl be called a very long ono. Prisoner liail 
 no other coat on. Tliis coat had no inside pockets. Revolvers are numbered 
 as to tlie siaes. Any revolver of that number would carry such a bull, 
 
 Seiujeant Davis re-called — Notice«l the cliambers of the revolver wlien wit- 
 ness took it from prisoner ; noticed one cartridge fresher than the others. 
 
 Cross-examined by Hon. J, U. Cameron — Witness shoveil one of the car- 
 tridges right out with his thumb after ho got up to tlie City Hall. Identifies 
 the cartridge which he shoved out. This cjirtridge was looser than the others, 
 , 4>nd peculiar in make. 
 
 Eliza Tieuney (stating in reply to the Court that she was fourteen years old, 
 lived at Stai-r'a, never went to school, but learned her catechism, and has some 
 , idea that she will bo punished after deatli as well as hero in case of telling 
 : untruths under oath) sworn — Lived as a servant at Mr. Starr's at tho time of 
 Mr. McCfce's death. Had lived there for six weeks ; knows the prisoner at tho 
 bar; saw him first at Starr's six weeks before Mr. McOee was shot. Prisoner 
 was boarding at Starr's when witness came thero. His room was a little one on 
 the first flat. Witness has been in tho room. Has seen a pistol in the pri- 
 soner's looking-glass drawer there. This was about three weeks after witness 
 came there. Did not look at it particularly. Saw nothing again there. Saw a 
 pistol on the chaii- there while prisoner was in bed. The pistol was on a chair 
 near the head of the bed. This was about half-past seven in the morning, about 
 a week after witness had seen the pistol in the drawer. Has heard of a person 
 bemg hurt at Starr's, but did not see her. Recollects tho Monday night before 
 Whelan's arrest. Saw Whelan in the house that night. Ho went out after 
 supper. He wore then light pants, light vest, and black coat, and c cap. Saw 
 him no more tliat night. Witness went to bed about ten. Saw liim next morning 
 coming down stairs. This was the usual time, between six and seven. Breakfast 
 is at half-past seven. Prisoner went out without waiting for it. Piisoner washed 
 himself in the dining-room on coming down stairs and then went out. Mr. 
 Dillon came in and told Whelan and the other girl in the kitchen that Mr. 
 McGee was shot. Witness did not hear prisoner say anything. Prisoner then 
 went up stairs and dressed himself before he went out. Mr. Starr and Mr. 
 Kilby were in the ba.-room when Whelan canio down. Did not see Whelan 
 before dinner time, about twelve o'clock. Tho back door of Starr's house was 
 never fastened at night. Did not know what time Whelan came in that night. 
 
 Cross-examined by Mr. M, C, Catneron — Tho prisoner asked witness that 
 morning if breakfast was ready. Witness said "No," and prisoner went out. 
 Witness knew prisoner to be a tailor working for Mr. Eagleson. 
 
 JosEi'H Faulkner sworn — Lives at Huntingdon, C. E. Has lived in Montreal. 
 Lived tliere until last March when ho went to Huntingdon. Is a tailor by trade. 
 Had lived four yeara in Montreal up to March last. Knows the prisoner. First 
 made liis acquaintance in Montreal in June, 1867. Recollects tho Montreal 
 election between Devlin and McGoc about a year ago. Witness and prisoner 
 were then in Montreal. Both worked in tho same shop — Anderson's, Great St. 
 James street. Has occasionally conversed with prisoner, and heard him talking 
 in the shop. Knew Mr. McGee by sight. His name was often mentioned 
 in the shop by every one in it. Has heard the prisoner mention it, and 
 say that Mr. McGee had deserted his principles and that prisoner was opposed 
 to him for that. That was the principal thing he said. [Here Mr. J. H. Cameron 
 
h! 
 
 32 
 
 i 
 
 objVotod. To Mr. O'Reilly — Trcatorl thii ^vitnoss ns a hostile wtnoss.] Once- 
 reading a newspaper, a speech of McCJce's, witness thinks, prisoner ^ail the 
 latter was a traitor and desprve<l to bo shot. Tliis was during tho election, and' 
 several months before witness left the place, Ileanl prisoner say notliin,!; more 
 on the subject, except in general opposition to Mr. McGee's political priiuiplea. 
 Heanl prisoner say once that Mcfreo had inoculated himself with his pnni'ii)le8 
 when young, and then blamed him for sticking to them. Recollects a picnic 
 in Montreal shortly after the election. Whelan informed witness that ho was 
 going thero. That was on tho same morning. Wlielan had a pistol in his hand, 
 which he had taken out of his pocket. It was a common revolver, resf'nil)ling 
 the one produced. Prisoner asked witness to look at the pistol. Witness irplied 
 that he was not acrjuainto<.l witii such tire-arms, and asked prisoner why he took 
 it to the pic-nio. Prisoner said that he expected a row on the boat, and took it 
 for protection. If there was no row they would stop on an island and practicfe 
 with it. Some of the men of the sliop spoke out, while the pistol was in pri- 
 soner's hand, and .said that he (pi*isoner) would shoot McGee with that like a 
 rat. There was nothing said before that about killing anybody. ^Vhelntl did 
 not do much work during the election. He was mainly occupied attending the 
 election. Thinks he was employed in tho shop by the week. ['Witncv^ being 
 asked as to prisoner's political principles, prisoner's counsel emphaticalljr 
 objected to any question as to prisoner's political animosity to Mr. McOec, while 
 admitting the right of bringing evidence of private hostility. Tho Court sustained 
 the objection. Mr. O'Reilly was consequently unable to elicit, as he desired, 
 any proof of the prisoner having avowed himself a Fenian.] 
 
 This witness was not cross-examined. .iIJ«*l) i 
 
 Jamks Ixgms sworn — Lives in Montreal, where ho coUeots accounts on com- 
 mission. Has known the prisoner since April tv:>lve months, when he met him 
 at liis own house in Montreal, where witness went to board, having just ariived 
 from Dalkeith, eight miles from Edinburgh. Recollects a conversation with 
 tlie prisoner some time before the election. Prisoner said that McOt'C was 
 elected, but would not take his seat^ or if he did, would not reign long. Witness 
 remarked, "Who would do anything to him?" Prisoner said "l^vould, if 
 nobody else."' Did not then call him (McGee) by name. Called him a short 
 time afterwards a traitor to his country. Recollects prisoner coming to witness's 
 room after the election. This was at the end of September, or beginning of 
 October. He was then cleaning a revolver. It was one like that produced. 
 Prisoner remarked that ho had been up as far as McGee's house last night.. 
 Prisoner left the room immediately after. On the occasion of prisoners calling 
 Mr. McGee a traitor he represented all that had been done for him by tli'' Irish 
 of Montreal. [Mr. J. H. Cameron here objected to Mr. O'Reilly as attempting: 
 to lead the witness.] Remember prisoner making no other threats. Has lieen. 
 at Mrs. Scanlan's, and ]dayed cards there in Whelan's presence. Recollects 
 New Year's night last. Was not then stopping at Whelan's, which witness had 
 left in the middle of October. Was stopping at 24 Hermine street. 
 
 Cross-examined by Mr. M. C. Cameron. — Witness was perfectly unconcerned 
 in the election. Never discussed about Mr. McGee with the prisoner. Does 
 not think that he ever gave prifsoner to understand that he was opposed to "Mv. 
 McGee. Witness is a Scotchman. Political excitement ran Very high at the 
 election, the candidates speaking very bitterly of each other. Aftenvai-ds heaixl 
 many people speaking harshly of Mr. McGee, few in his favc. Witness was 
 then in business in the city, as book keeper. Never told anybody what prisoner 
 had said, not thinking much of it at the time. 
 
 To Mr. O'Reilly — Never heard the prisoner make any other threats, or itse- 
 any other language wliich, as an honest man, witness ought to tell in that box.. 
 
 Leon Dion sworn. — Is working for Mr. Davis at the Rid eau. Bridge. Recol- 
 lects the morning Mr. McGee was killed. It was a Friday or Saturday, sa^v him 
 lying dead on the sidewalk nearly three o'clock on his way to the Chaudiere ta 
 work. Had been living alone on Church street with Mr. Lapierre. Had had 
 no sleep that night, and left for the Chaudiere, about two in the morning, 
 calling first ai Mr. Lapierre's, and leaving that a good spell after two. Crossed 
 
r! 
 
 tlie PappfTs' BrHec, nml met a nian on this side of It. Ttio man was just ^vnik- 
 ing along nud said nothing to ^vitnoss. It was d;"k and witncHs cmil I not 
 HWoar who the man was, Vie looked something liko acroix. Witness kn<jw Lii- 
 croix, and aftonvards thought it was he. Thougl't nothing ahout it at the time. 
 The man resomhled Lacroix in size and l)uild. Went uj) Mrs. Trotter's street, 
 and saw Mr. McGeo's body being cariied in. He seemed dead. 
 
 Orosa examined by Hon. J. Jf. Cameron. — Had seen Germain and two o^^ 
 three others at Lapierre's. Came thence straight up fiiussex street, seelne 
 nohod,v on the wiy until reaching Ridcau street, and meeting this mail. Did 
 not then think anything of the man, nor who he was, hut after passing thouglit 
 it was L'lcroix, and was sorry for not having spoken to liim. Cannot .*uy how 
 he was dressed, an<l will not swear that it was Laeroix, Went ou straight^^ 
 Wtilking fast the whole timo, up Trotter's street. ,'".',,,... u ^ t,', 
 
 Mauy McKknna sworn. — Lives in Sparks street, on tKe Ojfifpodte slao of ilia 
 roftd from Mrs. Ti-otter's. Knows the prisoner by sigUt. HjiW liim tirst to 
 recognize him with a man, wlio is now in jail, named Doyle. This Wi\d about a 
 week before the murder, and was in witness's bar. Both men rc-muiued about 
 two hours. Saw prisoner again the next night, or the nigVit after, when ho 
 came in to the bar alone about 8 or 10 P. M., saying that he was waiting for 
 Doyle. Witness said that she did not think Doyle would come at that time of 
 night, and witness left about eleven. On the following night prisoner came in 
 very late, after twelve, by the side door, and asked for a glass of hot gin. Wit- 
 ness could not give it to him, having no hot water, but got some spirits for him, 
 and allowed him to come into the kitchen where there was a light. lie tola 
 witness, in answer to her question, that the House had closed at twenty minutes 
 past 12. Prisoner remained until about 2 P. M. Witness did not try to get rid 
 of him. Noticed nothing particular about him then. This was on the Thursday 
 precieding the Tuesday of the murder. 
 
 Ai.EXASDER J. TuRXEU; swom. — Lived in Montreal last year, was employed in 
 the St. Lawrence Hall. Knows the prisoner well, having became acquainted 
 with him in 1806, at Barney Tanzy's in Montreal. Witness went to board at 
 prisoner's house. Has been often in ^^^lelun■s comi)any. Was at the theatre 
 with him a few weeks before the election. Heard threats used that night by 
 prisoner, at Mr. MacDonald's. Prisoner said he would take McGee's life as 
 quick as drink a cup of tea. Heard prisoner also make such remarks at his 
 own house. Once when rCvading Mr. McGee's remarks upon Fenianism, just 
 before the election ; Prisoner, Avho liad had a few words with his wife, seemed 
 vdry much enraged, and stated that he would go up and blow Mc(iee's bloody 
 brains out. Sivw the shape of a revolver in his jjocket, at the time Wholan left 
 the house that night, not returning till the following day. Had some conver- 
 sation with him at a restaurant in Flag street, after he returned. Pnsoner said that 
 he had been up to Mr. McGee's house the night before, in company with Enright. 
 Recollect seeing Mr. McGee passing by Notre Dame street in a cai-r' ge two 
 or three days after the election. W^itnoss was in Notre Dame street then ; and 
 went thence to Mrs. Scanlan's, about three quarters of a mile distant. Saw 
 Whelan there. Whelan said " It is a good job McGee's house wasn't in flames 
 last night." Nothing farther. Two or three nights after, between seven and 
 eight, prisoner said, " Although McGee is elected, the bloody old pig will not 
 reign long, and I will blow his bloody brains out before the session is over." 
 (Sensation.) Gave no reason for saying that. Often noticed prisoner's animo- 
 sity to Mr. McGee, and warned Mr. McGee of it on Notre Dame street about a 
 fortnight after the election. Told Mr. McGee that there were parties accumu- 
 latiiig at Scanlan'h, who meant, if not to take his life, at least to do him bodily 
 hai'm. Mr. McGee asked witness if these parties were interested forMv. Devlin. 
 Witness replied " Yea," when Mr. McGee said that it was only an election excite- 
 ment which would die away, and then wished, witness good morning, and walked 
 away. Witness knew him well. Saw him afterwards here speaking m the House 
 of Commons. Witness had heartl prisoner say that Mr. McGee had received 
 money from the Fenian organization, that he was a traitor to his country, and 
 had gone over to thfe Protestants. W^itness believes that he was seen speakiog 
 3 
 
 
¥. 
 
 I 
 
 11; ^ 
 I'f .( 
 
 /! }, 
 
 i 
 
 to III: McOco l)y Kinsolln, ono of t!^ partios who met ut Mranlim's. After tluit 
 the witness wivs calle I "tlio bloody uifornKT,'' ami prisouor wouU no lonjjer 
 Hpenk to liiiii. WitiiesH had warned Kinsolla provioutily that prisoner wouUl get 
 into tiou1>lo if ho miide sucli a fuss anout M(<Joe. Witness hiia atopjtcd ut the 
 HusMcll House liere. Know iv mnn mimed Doyle, nlso stuying there, who was u 
 chum of Whelan, and is now in prison. Has st-on Doylofrequtnitly at tlio pri- 
 soner's house in Montreal. There was great intintacy between them. Witness 
 left Montreal for Ottawa on Ist November. Saw Whclan for the first tune here 
 either in November or December. Recollects that Whelan started from here 
 for Montreal in December or January, Thinks before Christmati. Wlien 
 Whelan returned wi,tness was still at the Russell House. Doyle was also there, 
 and Whelan several times camo to see him. Haw hun aftorwai-ds in close con- 
 versation with Doyle in one of the passages of the Russell llouso. Witness was 
 then in the glass pantry washing his IuukIs. Doyle then askwd Whelan if he 
 had been up to D Arcy McOoe. The prisoner stated yes, that he had just- come 
 up from Montreal after visiting McGce. "Did D'Arcy open the door V asked 
 
 Doyle 
 b 
 
 Prisoner said 
 
 -r like a dog." 
 
 the door and brought 
 
 No, by .Jesus, ho diti not, or I woukl have shot the 
 (.Sensation.) Prisoner said thatMcOco's brother opened 
 him up stairs, addhig " the bloo<ly bastard locked the 
 door before he would let me up." Prisoner then stated tliat he went 
 to McG'eo with information tliat some one was going to set fire to his house on 
 the following morning, an<l that McGee gave him a letter, telling Doyle also 
 that they opened tlie bloody letter Ijefore tstking it to the police station, and 
 had a good laugh over it. Doylo then saw witness looking through the " nick " 
 of tlie <loor, and both ceased talking of McGce, and went elsewhere. . Witness 
 went into the dining-i-oom. Witness comes Irom London, in tlie old country. 
 Is two years from London. Has been in India as a soldier. Has leti. the service. 
 coming back to London. Was discharged at Chatham. Was about 16 when 
 witness enlisted. Was about four years in the service. His regiment was the 
 4Sth. Lett the .service throurih sickness, at Lucknovv. Col. Ritchie then com- 
 manded the 48th. He died at Allahabad. Witness was not under fire at 
 Lucknow. 
 
 Ci-oss-examiiud by Mr. -V. C. Cameron — Is now about 24 or 25 years old. 
 Was born in Ijontlon, and lived there until he entered the service. Went after 
 enlistment to Cork, where the depot was, and sailed thenco for headtjuartcrs in 
 Calcutta. This was in 1858. Was seven or eiglit months in Ireland. Has not 
 his discharge with hhn. IL'.s left it with his parents — some of whom live m 
 London, Has only one parent — his mother. Left his discharge with her. Brought 
 no testimonii''s with him to this country. Was never in a cavalry regiment, and 
 never said he is. Returned to London in 18G3, and then worked for his uncle, 
 who lives '... ., .erpool. His uncle's name is Copo, a travelling agent, and witness 
 kept his boi 's. Stayed with him about IG months. Then went to his sister at 
 Dudley. DU nothmg there, being in ill-health. Was discharged on account of 
 a broken arm and of liver complaiiit. and with a pension for nine months. Went 
 from his sister's to London, remaming there twelve months doing nothing. 
 Then sailed from Liverpool to America, having got money to do so from his 
 mother, (.'ame to Canada in 1866, and got employment us waiter in the St. 
 Lawrence Hall, Monti-eal. Never was a waiter before. Boaixled there till July, 
 1807. Boarded nowhere else, except with Whelan. Was dismissed by the heau 
 waiter at the St. Lawrence, and then went to Whelan's. There were two young 
 men there, just come from Ii'cland, who remained there only two days afterwards, 
 thence going to Chicago. Those boarding at Whelan's on 1st July, were Mary 
 Johnson, James Inglis, and two young men, a fjookkeopei' and a shoomaker. 
 The bookkeeper went away, because of a row with prisoner")} wife. He served 
 the same Brm as Whelan. Does not know the name of these two young men. 
 The others all remained until after prisoner luid left. Witness lived from July 
 to December with these people, and did not know their names. From 1st to 
 2Ist of July, witness boarcfed regularly with prisoner, seeing these men every 
 day. About some time in July went to work at the Ottawa hotel as waiter, re- 
 maining thei'e until November. Witness's hours were from 6 or 6.30 a. m. to 
 
mm 
 
 !/) p. m. Thp (lining room )vn8 tiorj^r kept ftpi>n till 10 p. ni., Accept on mre 
 occasions. TIutc wore thrt'o wttt«'h»>« — tiio first going on at 6 n. ni., rcnuiining 
 ftU ilay. Tho othors wont fi-oin 7 to lo a. m. (Joing oM' till one o'clock. After 
 dinner, at 2.15 or -*.30 p. m., thoy could go ott'till (> p. m., and again otffor 
 the night about 7.. 'JO p. m. Witness was generally away from the Ottawa hotel 
 after 7 . 30 p. m. It was while witness was working at the <3ttawa hotel that 
 the threats relatotl liatl taken place. During tho Hrst three weeks WheLiu liad 
 shewn animosity to Mr. McGee, hut not threatened liini. Tlie first threats were 
 liefore the election, at Mr. McDonald's. That night witness and prisoner, who 
 got half I dollar from his wife, went, to the theatre together. Met a man named 
 Kelly theve. Witness knew Kelly, having been introduced to him by a waiter 
 of the St. liawrence Hall. Cannot fix the <late of this night, but knows it was 
 ft few days before the election. A month is not a few days. Had sometliing to 
 drink at McDonaUl's. Witness did not drink much. Thinks prisoner was 
 under the influence of liquor when ho spoke of McGoo. I'risoner liegan 
 talking of the election to witness. Witness was a supporter of Mr. 
 McGee, but did not tell prisoner so. Ifad never spoken 
 before. McGee's name had V>ecn mentioned in the theatre 
 had insulted a man, who told him to " hush." Prisoner <!hoked 
 
 of the election 
 where prisoner 
 man. 
 
 the 
 
 The man said prisoner was one of Devlin's men. There was a little row, but 
 no arrest made. It was two hours after that tho play was over. Witness had 
 taken a horn before going to McDonald's. So had prisoner. , Was at McDonald's 
 about half an hour before McGeo's name came up. They had been talking of 
 Whelan's wife, and prisoner said that he was in love with a young girl in 
 Quebec, and did not care for his wife, but that ho would take McGee's life as 
 soon as drink a cup of tea. Prisoner said this openly while Kelly was speaking 
 to Mrs. Macdonaltl at tho bar. Witness and prisoner were in a separate i-oom. 
 They went home together about four in the morning, all pretty " swipey." It 
 was just before the election — two or three days — that prisoner threatened to go 
 up to McGee's house and take his life. No one was present except witness and 
 Mrs. Whelan. Cannot say how long after the theatre night this was. [Witness 
 here repeated what he had stated of tliis second threat in hia examiuaticn m 
 chief.] These were the only two threats of taking McGee's life before the 
 election. Had seen prisoner's revolver before then. Did not know that prisoner 
 had served in the voiUiiteers or regulars, and never know Iiun by any other 
 name than Whelan. What prisoner said the tJiird time after tho election was, 
 " that he would blow McGee's bloody bi-ains out." This is what witness had 
 said before. [Depositions before the Police Magistrate here read over, from 
 vvhicli it appeared that witness had then stated the threats of prisoner some- 
 wliat differently. Witness adhered to his latest version.] Witness had never 
 told the Police Magistrate about the conversation with Doyle. [Deposition of 
 witness further read, from which it seemed that Turner had never given any 
 information of Whelan's threats, which he did not consider made in earnest.] 
 Had heard of the letter given by Mr. McGee in this conversation, but made no 
 mention of it to the magistrate. [Witness here described minutely the situation 
 of himself and the speakers while this convCiTsation was going on.] The con- 
 v-ersation took phice one morning in January between twelve and one o'clock 
 while the House was in session. It was between twelve and one in the afternoon. 
 There would be many people about, but no one in the glass pantry. [The Jury 
 and the Court retii-ed for "efreshmonts, with which the prisoner was supplied hi 
 the dock. After half an hour's interval Turner's cross-examination was resumed 
 as follows.] 
 
 There are usually about twenty sei-vants in the Kussell House dining-room, 
 some of whom dine at 12.30, the rest at 1. Witness could not see into the 
 dining-room from his position. The passage door into the dining-room was 
 shut. Witness on going into the dining-room opened that door. Doyle and 
 Whelan were then speaking upon other topics. The prisoner at the bar turned 
 all colors, and Doyle too, when they saw witness. The glass pantiy is on the 
 right going towams the dining-room, and its door opens to tho left. The door 
 was not open more than ten mches, through wliich witness saw the two speak- 
 3* 
 
 h 
 
 ill 
 
 liH 
 
ing low. Witness made no noise washing his hands. Does not think that Doyle 
 and Whelan heard him. Did not seo them go info the passage. There were 
 five or six roads by which the passage might 1 >«> entered. Witness did not see 
 them go in. They turned red in the face on ^<'ein§ him. Witness hear'.l pris- 
 oner tirst mention McGee's name, tliat was uU witness caught. Doyle thott 
 asked if he (prisoner) had been up to McGee's house. Witness went as a ser- 
 vant to the Eussell about the 4th November, and was there dm-ing the session. 
 [One of the Jurors being here v.ompelled to leave the court some delay was- 
 occasioned m the proceedings.] I'Tiere is a land of head waiter in the hotel. 
 He who was there then was exiled Doran. He kept a boarding-house at which 
 Doyle, Kinsella and witness, tho lattei for a short time only, stopped. Kecollects 
 strangers coming in to see the waiters. Does not recollect their iiames. Wit- 
 ness was not in Pat. Eagleson'~ on the afternoon of the day after Mr. McGee' 
 was shot. Was there that laorBing — that was Wednesday. Whelan was not 
 then arrested. It was on Tuesday, not Wedncirday, morning, Avitness Avas at 
 Eagleson's. Witness did not speak of Whelan's arrest there. XVas not sj.ieaking 
 of Wiielan at all. Did not .say anything on going in of poor Jim having bee** 
 arrested. Wt\s not asked what Jim ? and did not answer James Whelan. Diet 
 not say anything about the rewaixl, or its being a large sum. Said nothing to 
 Eagleson, Rowsell, Wlate or Goulden. [Witness denied knowledge of the last 
 three,] as to Doyle's being likely to get a large sum of money for givmg evi- 
 dence. Said nothing at all of a sum of $16,000, nor did A\itness say tlxat for such, 
 a sum he [witness] would hang his grandmother. 
 
 Witness was asked no question? before the Police Magiscmte regarding 
 Doyle's and Whekn's conversation. On being told of McGee's murder, witneas 
 exclained, "Good God! it was nobody but Whelan shot liirn." Wou^u givo 
 £2,000 now if he (witness) were out of the business, and told nothing about it 
 except in reply to the questions put to liim. iEr. O'Reilly had asked witness 
 what he knew of the affair, and witness told everything except about this con- 
 versation. Witness had spoken to ^tr. Bumhiun and Mr. Buck about Wlielan 
 before going before the magistrate. Told them about the conversation in the 
 pantry. [Mr. M. C. Cameron demanded that witness should relate exactly wliat 
 he had said to Mr. Burnham. The Court held that it would be impossible for 
 him to do so.] Only told Mr. Burnham of the conversation, not what it was. 
 Never told anybody what it was until after Mr. John McGee liad given his 
 evidence. Was friglitened, and did not want to get into trouble. Had, on liis 
 first examination, told Mr. Buckley that he had informed Mr. McGee, on Notro 
 Dame street, of a plot against him. Told the Hon. Mr. Johnson, and othei-s, of 
 his having warned Mr. McGee, who might Imve saved his life Imd he attended. 
 
 To Mr. O'Reilly — In examination before the magistrate, witness contined 
 himself to replying to the questions put to him. The play on the night witnes* 
 and prisoner atten<led the theatre, was Arrnh na-pogm. [Mr. P. J. Buckley— 
 A translation of Shakespeare',: As you like it, into Irish, (laughter)]. It was in 
 connexion with the poTiise Wearing of the Green tliat the row arose. Whelan, 
 in speaking of the young lady with whom he was in love cried. The photograph, 
 produced ropres<3nts a wedding party. Those present are the prisoner, witness, 
 George Payne, James Inglis, and the two other young ladies (laughter.) [In 
 reply to tlie Court, Mr. O'Reilly said tlmt he considered this evidence as of 
 importance in showing the iixtimacy between witness and prisoner.] Prisoner 
 was about "half gone " when he ciied about the young lady, and tlu'eatened 
 Mr. McGee at Mr. MacDonald's. 
 
 Vaughaj} Bryce sworn — Resides in Ottawa, and has done so siage last 
 November. Had known the prisoner for about eighteen months or two yyars 
 previous to Mr. McQee's raurtler. Knew him first in Quebec, afteiwards in. 
 Montreal, and here. Witness is a messenger of the House of Commons. Has 
 seen prisoner there. Did not see him there on the night of Monday, the 6th of 
 April. Saw liim there on the Thursday or Fridn.y previous. He wa» then standing 
 talking to Buckley at Buckley's door. This v;as about nine p. m. Had seen 
 him there several times previously. Had never seen him Ui iiie Speaker's 
 rooms, or further iusida the House ihaix at Buckley's door. Had had a drijok 
 
wth prisoner and Euckley at tlife Senati^'Tiaraboat 'eight nv ten (tiys beioi'fe ttie 
 murder. Thinks a messenger named Greer '.vas along with them. Waa in the 
 Ifouse to its adjournment on the Monday night. lodged then at Pat. Buckley's. 
 After the adjournment started for home with John and Pat. Buckley, meeting 
 nvith Frechette outside. Left hy the messengers' door. Tliis was about five 
 minutes after the adjournment. Several messengers remained belund after 
 Avitness. Witness's party went straight down the centre boardwalk. Overtook 
 Messrs. McQee and MticFarlano at the comer of Sptirks street. Mr. MacFai-- 
 lane there bid good night to Mr. McGee, and proceeded towards the Russell 
 House on the left side. Some pleasantly ppssed between the gentlemen on 
 parting. Mr. McGee crossed to the south side of Sparks street, witne-ss's party 
 following. Passed him at Ilunton's comer, where John Buckley bade him 
 good night, Mr. McGeo replying, "It is morning." There was something said 
 of its being a fine night. Witness went on straight home. First hoard of the 
 murder when in bed, about half-past three o'clock in the mornmg. 
 
 To Hon. J. H. Camekov — ^W?tness wore dark pf\nts that night. Does nc^ 
 recollect his other dress. Witness never wore a moustache. f 
 
 To Mr. O'Reii.ly — Sa%v Whelan in Buckley's house on tho Sunday after Pat- 
 rick's Day, engaging a buggy. Does not know if a buggy was engaged there on 
 the Monday after Patrick's Day, to go to Aylmer. . 
 
 KEunBX Wadk sworn — Lives in Montreal. Lived last year at London. C. Vt. 
 Was a constable there, and a detective of the G. W. 11. Was in Montreal last 
 December on his way back from Xova Scotia. Stopped at a house in William St. 
 kept by Michael Duggan. It is a corner house with two entrances [Sketch pro- 
 duced representing the locality.] The private entrance (the other is a shop 
 entranct ) is on William street. Remained there eleven <lays, forming an inti- 
 macy with Duggan, who was a guager and kept a grocery and groggory. Duggan 
 was not at home for two or three days after witness came, on the 17th December. 
 There were four rooms upstairs. The sitting-room was enteral by way of the 
 front of the house, that is fi-om William street, and the three sleeping rooms 
 were entered from it. [Plan of the house submitted to the court, as having 
 been drawn by witness.] Saw the prisoner there on the night of the 21st 
 Decemlier, about seven o'clock. T^vo others, besides the prisoner, came to 
 Avitness's room with the landloiTl. Witness was reading. There was conversa- 
 tion going on between them. When they had been warmed up (they were 
 drinking whiskty) the landlord said, "Had there boon a few more like my bro- 
 ther John, ho could not have been returned." Prisoner then spoke up warmly 
 and said "It was (4overnment money pi*ocured his election. Only for Govern- 
 ment money ho never would liavc been elected." Does not know that there was a 
 pei"son ujuied Smith, of the Grand Trunk there. Prisoner said further, " D'Arcy 
 has sold his friends and those wlio have done so much for him like a dog. He 
 must and should be had out of that." That what could not bo done there mixst 
 be and should be done elsewhere. He might see the New Year come in, 
 but not pass out. One of the other strangers then got up, clapped prisoner on 
 the l)aok, and said "Smith, here is our man, he is sound on the goose, and a 
 better man could not be hatl for the job." He addressed prisoner as Smith. 
 The man did not rise from his seat to say this, merely put out his hand to take 
 prisoner's arm. The coaiversation was continued for fifteen or twenty minutes 
 in a lower tone, and -witness hoanl no morc^ of it. It was n man with a lightish 
 complexion and largo nostrils who did most of the talking. His Ups were thick 
 imd mouth large. They had two glasses of whikey round, and appeared to have 
 some before they came. The fourth man had lightish brown hair and sandy 
 iwhiskei's, about five feet seven inches high, with an oval face, and large 
 light l.hie eyes. It 'twas he who had said that prisoner was the man for 
 th-e jol>. These parties met there again about the same hour ne.\t eve- 
 nmg. There was a fifth man on this occasion. It waa Sunday night. 
 The talk ^wft8 on election matters. The landloi-d said "My brother John 
 thinks two could ^o hi and two or threo outside would be sufficient." 
 There was something said about going in (iifferent directions. Witness 
 heard no more. Tire nfxf witness remembers was some saying " D'Arcy, 
 
r I 
 
 38 
 
 the poor devil ! If he only knew the fate that awaits him he would fly, 
 and it would not be the first time either." Tlie conversation then turned 
 on the Fenian delegates. There was nothing further about McGee. Nothing 
 was then said about Sullivan. On Tuesday, the 24th, about the same hour of 
 the evening, the parties came again — the first four, and the fifth man. There 
 was conversation about the Orange Hall. The fifth man said " Sullivan, how 
 was that job done at the Orange Hall ? '" This wns to the jjirisouer. The 
 landloi-d interrupted, saying, " Why, sometimes you call him Smith, sometimes 
 Sullivan, when you know his name is Whelaii." The prisoner replied '' At the 
 head or under the foot of the stairs." One of the others said ** I have not 
 heard how it w-as done." Witness left Montreal on the following Friday, and 
 on arrival in I^ondon, which he reached on Saturday evening, communicated 
 these facts to the Hon. John Carling by letter. 
 
 Cross examined by Hon. J. H. Cameron. — Has lived in London about eight 
 years, and about fifteen years in Canada. Is unfortunately an Englishman- 
 Was a station-master of the Great Western Railway in 1857-8. Mi'. Brydges 
 was then managing director. Left the G. W. E. employ of his own accords 
 Has followed the occupation of detective from early boyhootl. Has been acting 
 as a i^rivate detective since leaving the G. W. E. eight years ago. On first 
 going to Jjondon went into the lumber trade. Was 'ounty constable of 
 Middlesex and Kent for al)out six years. Was swc.-j ■ . '"ent at Chatham 
 in 18G5. Is still on the roll, but has done no ser»ia6 ioj.- tlie last year. Has 
 done so for Kent within the last two years, while living at London. The occu- 
 pation of constable has been witness's only one since leaving the G. W. E, 
 
 In July last year left London for Halifax, remaining there two months. 
 Went thence to St. John, N. B., remaining there some two or three weeks, 
 coming up to Quebec by Grand Eapids and Riviere du Loup. Eeached Quebec 
 in December, stayed there a few day.=. and reached Montreal on 17th of De- 
 cember. Saw a woman at Duggan's door who invited him in, and provided him with 
 lodgings there. Until the 21st heard or saw nothing while the prisoner was pre- 
 sent. The 21st was Saturday. Had some conversation quit-e long with Duggan, 
 either on the Friday afternoon or tlie Saturday. Did not hejir the names of any- 
 body present at the conversation of the 24th, except that of the prisoner. The 
 room was 16 feet by 17 or 18 feet, lit by a good lamji holding a quart of oiL 
 There was only one table, at which witness was reading. It was on tho first floor. 
 No notice was taken of witness by this party on entering, except that they 
 seemed a little shy until the landlord said, "He is all right," ref*^:''-'.n to wit- 
 ness. Witness cannot suppose that it was in consequence of the 
 sation he had had with the landlord that the latter vcmched for L . 
 likely that it was so. Heard only snatches of the conversation v.. : 
 were off their guai-d. They were rather shy. Not so much so on di'^ 
 occasions. Cannot recollect what sort of letter, long or short, witnect .dteto 
 Mr. Carling on the subject. Got no answer to it, and never spoke to Mr. Curling 
 about the matter. 
 
 To Mr. O'Eeilly — Was a police constable in England. The documents pro* 
 duced prove his service as such. They are signed by "Scarborough" (liOrd 
 Scarborough), by the Speaker of the Imperial House of Commons and others.. 
 [Mr. O'Reilly was proceeding to comment upon these testimonials, when Mr. 
 M. C. Cameron intimated that the defence had not attacked the witness's 
 character, who was then allowed to go down.] 
 
 Andkkw Cur.r.BN sworn— Is a detective officer, living at ""'ontreal. Will 
 be three years a detective next November. Got the news «- Mr. McGee' a 
 death about six a. m. on tho same morning and c^mie . : ^o Ottawa by 
 the midday train. Was present at the prisoner's arrest, L company with. 
 O'Neill. Has been in the Ottiiwa jail, and know the corridor and ceil 
 where prisoner was confined. It was the first corridor to the left as you ga 
 in. There are two tloors at head of the stairs, one leading to the corridor. 
 That one, the right, led to prisoner's cell. Prisoner was confined on the second 
 tloor, on tho south side of the building, in the first cell nearest the stairs. 
 The wmdows ai-e to the right of the corridor, and the cell to the Ivft. Exami 
 
 . :onver- 
 
 ' .nks it 
 
 tip mea 
 
30 
 
 '« 
 
 :i- 
 
 ined with the turnkeyn and tho jailor the prisoner's corridor. Doyle was con- , 
 fined in the name corridor, about 30 feet away, in cell No. 7. Outside the cor- 
 ridor there is a landing, and an iron gate between the passage in front of the 
 cells and the exit by the stairs. You could get within two and a lialf or 
 three feet of the i^risoner upon that landing. On the evening of '.-he IGth April, 
 lieai'd a conversation between prisoner and )oyle. Witness remained on the 
 landing that evening between ;>. 30 and S. 30 p. m., with a man named Hess. 
 Heard Doyle say, " James, I'm sorry you ever done it.!' Heard WHielan say, 
 " I don't care a damn, I'm prepared for the worst ; I'll either swing or go to 
 penitentiary for life ; I don' t care a damn only for one thing." Doylo asked 
 him what was that. Wholan then made allusions to the old woman. Doylo 
 fmd, "the whole world would know it." Whelan answered, ''Yes, I am a 
 
 great fellow ; I shot that fellow ; you are here, poor b r, and here am I, 
 
 which makes three of us." Doyle said, " What's that Jim?" Whelan repeated, 
 I shot that fellow like a dog ; you are hei'o and I am here, which makes threo 
 of us ; my name will go down to posterity.'' BothCullcn and Hess were stand- 
 pg close to the wall with their boots off, and Cullen had signed to Hess to listen 
 attentively, just before 'Wlielan used the last words. Doyle then mid, 'Mamea, 
 James, I am sorry for you." Doyle had said before, "' I am sorry you did not 
 tell me that you were going to do it that night or I would not have let you do 
 it." Whelan then whistled, he dancetl, and ho sang. He and Doylo after- 
 wards talked of different matters. Witness remained a long time after outside, 
 and heard Whelan sleeping, dreaming and snoring. Witness made a minute of 
 the conversation on coming down stairs and signed it. [Minute produced and 
 identified.] Recollects no other such conversation. 
 
 Cross-examined by Hon. J. H. Cameron — '\l\\c liandwriting in the body of tho 
 minute is not that of witness's. Does not know whose it is. Thinks it is tho 
 Sheriff s. Thinks it was the Sheriff who took down the notes when witness camo 
 down. Witness was three hours upstairs. Had gone to overhear, if possible, 
 •something which might be said about the murder. Neither Doyle nor prisoner 
 knew of witness's presence. The conversation commenced as soon as the steps 
 of the turnkey had died away. It commenced a few minutes after witness 
 went up, and continued for two hours and a quarter, witli several minutes of 
 silence. Witness and Hess together only recollected between them what is 
 written on the minute. There is more there than witness said to-dny. Whelan 
 said, " I only care foi my poor mother. There are more of us in trouVle. John, 
 one of my brothers, .''or tirhig the police barrack, in Tallaght., Ireland." 
 Prisoner then spoke of Turner having sworn very hard against him, and said 
 that they were all Fenians. The last thing he said was that he once had saved 
 witness's life when he (witness) was covered at fifteen paces by a fellow in Grif- 
 fintown. Witness is the man who was shot by a man named Garner. Does 
 not know where Garner is now. Never gave two accounts of that affair. Wit- 
 ness received five hundred dollars from Mr. Devlin, who is here now, but not 
 for the purpose of compounding the felony. Witness may recollect some other 
 words which passed, but does not know that any other worfls passed relating to 
 the murder. Whelan said further, " I was nailed bloody tight today.' "How?" 
 said Doyle ; and "Who do you think was the informer,'' said Whelan. "I don't 
 know," said Doyle. " Alex. Turner," said Whelan. ''No 1" said Doyle. "Yes," 
 said Whelan, " and I would not give a six pence for him ; there were lots of the 
 boys in from Gloucester who spotted him." A voice then call from the other 
 corridor, " How did you get along?'' Whelan ar ,wered, "Bloody hard." The 
 voice then answered, " I'm sorry to hear it." Whelan then said. " I had a notl 
 from your brother to-day." The voice, "Is he in town?" Whelan, "Yes." 
 Then Whelan called out to him, " You must keep as mute as a mo se here. 
 Do you understand? and the voice 8ai<l "Yea." Then afterwan s witness 
 heard WTielnn telling Doyle that he had a nod from Plattery's brother to-day. 
 Ho also said to Doylo, " John, you and me must quit talking here about 
 
 " what you know ; we must be as mute as a mouse, for these b s might b© 
 
 " around listening." There was a little more conversation than this. Doylo 
 asked Whelan what irre they doing with him (D.) Whelan assuretl him they 
 
could do notliing with him. T)iey might keep liim a week or a fortnight. Doyle 
 then asked what would liis wife and two children do ? Wholan said, " They're 
 all right. They'll got your pension." Doylo said, " No." Whelan then assured 
 him (Doyle) that his children would bo all right ; that as long as Mrs. Whelan 
 had anything his (Doyle's) children would l>o all right. Wi^jiess did not tliink 
 this part of tlie conversation was in h's former (leposition. As far as witness 
 helieved tliese were substantially the words which passed in so far a.s he could 
 now recollect them. 
 
 ''■ W. F. Powell, Esq., sworn — Is Sheriff of the County of Carleton. Selected 
 (tetectivo CuUcn, for the purpose of listening to the prisoners, from the 
 detective force, believing hhn to bo about the moat intelligent, and from the 
 fact of being from Montreal he would be more likely to know the names of 
 parties in Montreal than any member of the local force. lie also selected a man 
 named Hess, who had been committed for assault, but he (witness) believed 
 him a trustworthy man. The stiitement put in and signed by Cullen was taken 
 down by witness, word for word, as a person accustomed to reporting would do. 
 It Avas exactly as the statement had been made at the time by Cullen and Hess. 
 
 Q'Qss-exatnined by Hon. J. H. Cameron. — Prisoner Hess had been committed 
 . '^-iSault. His term was up in April last. Hess had worke<l in the jard of 
 
 jovemor of the gaol, which is private property. Was not aware that priso- 
 nei Had been allowed to work round town. Did not believe it. 
 
 To Mr. O'Reilt.y — Had the permission of the Minister of Justice to make 
 use of Hess either as turnkey, or in any other capacity in which ho might 
 him useful. " ., _ 
 
 Hex. J. H. Cameijox — We do not want to know anything about that. 
 
 Mr.. 0'Reu.ly — But I desire to have the position of the witness (Hess) fully 
 understood. . !, 
 
 Mr. Sheriif Powell then withdrew from the stand. '!'■''?' 
 
 ■"" IlOHFUT Hi:.ss sAvorn. — Un the 16th of April about half-past five o'clock wit- 
 ness [Aviio narrated his story in a slow sing-song, as though learned l)y heart] 
 accompanied detecti-t'c Cullen into a corridor of i\w. jail, antl took a station 
 there near prisoner's cell. Heard prisoner say " Are you there .Tack?" Doylo 
 answered " Yes." Prisoner said, " They nailed me bloody tight today. That 
 b r Turner swore bloody hard against me." Doylo said, " You don't say- 
 so," prisoner said, " He swore we were all a pack of Fenians. I would not 
 care a damn only for one thing. Doyle asked what was that. Prisoner said, 
 " The old woman,'' (using a coarse expression to indicate the extent of her 
 distress.) Said also " I don't care a damn, I'm prepared for the worst. I'll 
 swing or go to penitentiary for life. I sliot that fellow. I shot him like a dog." 
 W iness Irul a conversation with prisoner oh 4th May. Prisoner aske<l if any 
 other prisoners had come in that day. Witness said yes, some for drunkenness. 
 Wlielan said, '• Whiskey is the dcwil. If it was not for whiskey I never would 
 have shot McGee. Iwas as drmik as tl-e devil when I did it." 
 '"" Ch'oss examined by Mr. Markmzie.—liU'i been a prisoner in gaol for twelve 
 Wionths, until last Thursday, since when witness has been livi:;g at .Tohnny 
 Graham's. Was sentenced at the Recorder's Court for assault. Has been, 
 wliile in gaol, (where ho was thirteen months and eight days) permitted 
 ooeasionally to go outside to the .Sheriff's and other places. Supjioses tliis 
 was in consequence of his good conduct. Had been so peirmitted before 
 he heanl Whelan's talk with Doyle. The Sheriff went security for the 
 suit of clothes now worn by witness, for which witness promised to repay 
 him. Never saw Whelan until he was brought to gaol. It was the (jovernor, 
 Alick Powell, told witness to go into the corridor. The Governor told him 
 for what purpose. Witness took off his shoes of his own accord. Canie 
 \n behind Cullen and the turnkeys. [Witness here described his position 
 in the corridor.] Had been in the corridor while Whelan was under 
 examination that day. Had spoken to Whelan before bringing in his (priso- 
 nors) meals and water to him. Witness was at the head of the stau-s. in 
 front of the corridor, when Whelan wns brought in. Saw him enter the corriaor. 
 The governor, two turnkeys, and O'Neill were with him. Doyle was in before. 
 
mm 
 
 m.' 
 
 Had spfn him put in. Know tliat tlio person Ik^ lioaul aiMies*ing '•Jack" 
 •was Wlielan, by his voice, lUthouiirh witness had spoken to him only once hetbre. 
 Whelau was in the first ceil, which witno^^s saw him enter, and saw the door 
 locked behind him. Knew then tliat he was there, altlioiijrli witness could not 
 see him. Knows a man named ('asey, also a prisoner. Had no conversation 
 ■with him about this matter. Never told (.'asey that he (witness) had been pro- 
 mised a situation if ho woujd swear against Whelon. Knows a person named 
 Townsend. Had not only particular conversation with Iiim about the matter. 
 Ihid been in Townseud's house during his iniprisonment. Never told him that 
 he (witness) must stretch Whelan's neck or have his own stretched. Would be 
 out of his head to say any such thing. Knows a man named Brown. Said 
 nothing particular to him of Whelan. I)id not say that lie had been promised 
 fl, suit of clothes for swearing against Whelan, nor has •ivitness evei* said so to 
 Anybody else. Has got a suit of clothes, but has promised to pay for them. 
 When Doyle asked Whelan what Turner swore — that is when Doyle said '* You 
 
 don't say so '/" prisoner, after a few minutes, went on to say, " Tliat b -r 
 
 Turner swore bloody hai-d against me today, and all he knows about us is what 
 went on in Montreal." [The witness \7as pressed very strongly on these points 
 for the defence, but gave his evi<lonce firmly and decidedly, and without 
 variation throughout.] 
 
 To Mr. O'Keu-ly — Is an engineer by trade, and took charge of the prison 
 engine, wore out his own clothes, doing work in jail, tlie county not having fur- 
 nished him with prison clothes. Determined, if possible, not to go out of jail 
 without some clothes. 
 
 John Litlb sworn — Lives in Nepean. Was employed as a turnkey in the 
 county jail in April. Knows where Whelan was placed in jail. Heard a conver- 
 satioii between him and Doyle on thi> 19th April, between 8.30 and 10.30 p. ni. 
 Doyle asked Whelan was he sleeping. Whelan said no. Doylo asked what 
 was he doing. Whelan said thinking about his trial. He said also . It is true 
 there were three of us, but I was alone when he was murdered. Doyle asked. 
 " Where were the other two?" Whelan said "They skedaddled home, and if I 
 had not been drunk I would have gone liome too." Witness made the minute 
 (produced) of this conversation in his own writing. 
 
 Cross-examined by Hon. J. H. Cameron — Was not then on my duty as inside 
 turnkey. Was on special detective duty there that night. There was no other 
 turnkey ther& and there was no light in the corridor. 
 
 John McLAtronMN, Chief Montreal Water Police, sworn— Did not notice 
 anything particular in the envelope he hatl received on the 2nd Januaiy. Did 
 so after Mr. McGee'a murder, when noticed that it hid been tampered with, 
 aud opened previously. 
 
 To Mr. J. H. Cameron — Never noticed this until April last. It might have 
 been opened by one of the police. 
 
 Francis Kii-by sworn — Lives in York street, Ottawa. Recollects the morning 
 of Mr. McGee's death. Heard of the death about 5 . 30 a. m. at witness's own 
 place. Went, about half an h-^ur after, to Mr. Starr's. This was about 5.45 
 a. m. Saw there Mr. Starrs an'i the prisoner. Asked Starrs if he heard of the 
 murder. Starrs said yes, ho had done so some time before. Had a conversation 
 ■with Starrs in prisoner's presence, about the murder. Witness said the man 
 who committed such an act shoulcl be torn limb from limb. Prisoner thereupon 
 wheeled round, with a curious smile or grin, leaned upon tho counter, and 
 asked Starrs for something to drink. He had a long black siu'tout coat on. nnd 
 light pants. It was 6 a,, m. (tho bell ringing at that moment) when witness 
 left Starrs'. 
 
 This witness was not crossexnmined, and on the conclusion of this evidence, 
 Mr. O'Reilly said "This closes the case for the Crown, my Lord. ' 
 
 Tub Hon. J. H. Cameron addressed the Coui-t, bein^ understood to request 
 an adjournment uniil ten o'clock next moining. To this his Loi-dship assented, 
 and addressing the Jury, told them that although the case for the Crown had 
 closed, they must remember that they had as yet heard no word of evidence in 
 xlef'ence, and that it wa» quite possible that the Crown would Imng other evi- 
 
 li 
 
I 
 
 I 
 
 dence to robut any ottered in behalf of tlie prisoner. Tlioy must, therefore, keep 
 their minds quite free to receive all the testimony which might yet be offoreUj 
 and not proceed to any decicsion upon what they had yet heard. 
 
 'Hi 
 ,, Thuhsday, September 10, 1868. i* 
 
 The Ecidencc for the Defence. 
 
 Antoine Quesxei. (speaking in French) examined by Hon. J. If. Cameron, 
 (Mr. G. If. Macaulay acting .aa interpreter) — Lives at Hull. This is the third 
 summer he has lived there. Knows a mnn named liacroix. Would recognize 
 him if he saw him. Does not know the man Lacroix who wjvs examine<l in tliis 
 case, but a man named Bajitiste Lacroix, who boartled with witness two summers. 
 [The Sheriff was here I'equested to bring up the witness Laci-oix.] Has known 
 this Lacroix for thirteen or fourteen years. \\ itness would not believe Lacroix 
 upon his oath, from his general knowledge of the latter for truth and veracity. 
 Witness could not believe Lacroix upon his oath because he is a general liar. 
 [The Court here intimated that witness should be definit<>ly interrogated as to 
 Lacroix's general character for trutli and veracity.] Ijaci-oix passed for a good- 
 for-nothing where he lives. On witness's oath he does not believe Lacroix has 
 anything good about him. If it is the same Lacroix that witness means, when 
 he came along the neighbours used to hide their tliiitgs for safety. Lacroix 
 never passed among the neighbours for a man who spoke the truth. Witness 
 being asked if he saw the man Lacroix in Court, answered at first, " No, Sir." 
 In a moment or two, the question being repeated, answered distinctly in English, 
 " Oh ! yes I do. There he is," pointing out Lacroix with his finger. 
 
 Cross-examined by Mr. O'ReUUj — Has lived three summers in Hull. Before 
 then lived at Rigaud, Lake of Two Mountains. Witness works for his living. 
 Has kept a boarding-house in Hull, I^icroix has boarded with witness two 
 summers. The firet summer for two or three months — nearly all summer — 
 nearly all the second summer also. Laoi-oix paid for the board of the first 
 summer, not for the second. Lacroix owes witness about $3. Witness did not 
 get any money from Mr. O'Farrell, nor did Mr. O'Farrell promise him tlie if 3. 
 Has known Lacroix fourteen years as a liar. He never did anything but lie. 
 He worked by lying, and no one believed him. Has sometimes three or more 
 boarders in his house. Although Lacroix was a thief and a liar witness kept 
 him as a boarder because he had paid tlie first summer. Witness has a wife antl 
 family. Kept Lacroix living as one of the family although knowing him for a 
 thief and a liar. 
 
 Examined by J. H. Camtron — Knows Lacroix, the witness on the trial. Has 
 worked with him two months in the shanty. Lacroix, during that time, has 
 borne a very poor character for truth. From his general chai-acter for truth, 
 witness would not believe him on his oath. 
 
 Cross-examined by Mr. O'Reilly. — Lives in Hull. Has lived there nine years. 
 First became acquainted witli Liicrcix going up the river to Des Joachims. This 
 was the winter before last. In the fall. There were about 12 men there. Wit- 
 ness worked with Ijacroix, and was with him all day. Witness was six months 
 and a half in the shanty, and Lacroix was two months there. That is all witness 
 knows of him. He took tilings tliat did not belong to him, and is a liar and a 
 \>oa.iXe\' (jmenieur el xmnteur.) .^aid he ran the "big kettle" three times. Wit- 
 ness would not believe him for that reason. 
 
 To llux. iJ. II. Cameron — By a boaster means a man who says that he could 
 do and has done things out of his power. 
 
 Pierre Morix sworn and examined by Hon. J. H. Cameron. Lives at Hull. 
 Has lived there two years, and known Lacroix for tliat time. Among the neigh- 
 bours Lacroix's character is a, little low. With respect to truth, his name is very 
 low. Witness would not believe him on his oath. 
 
 Cross-examined bu Mr. O'JieUlif — Has seen Lapierre, a French lawyer here, a 
 couple of times. Did not see hini at Hull last night. Saw him on Thursday at 
 (Srenior's. Did not speak to him about this case. The first person who spoke 
 to witness of it was Mr. Simon I,,aferrier at Hull. Saw Mr. O'Farrell last night. 
 Mr. O'Farrell said nothing to him. 
 
 Witness was brought there, but Mr. O'Far- 
 
 I 
 
143 
 
 rell to ' V<m nothing except directing witness to tell tlio truth of all he knew 
 aboui. ..e matter. Did not promise witness any money, but gave him some. 
 Gave him |5. Mr. O'Farrell gave him these $5 to tell the truth. Witness* did 
 not ask for the money. Mr. O'Farrell gave it bofore he suid anything. 
 
 Mr. O'Keilly— That will do I think. 
 
 Hon. J. H. Camkhon — It will not do Mr. O'Keilly. You have cast unjust im- 
 putations upon Mr. O'Farrell, and we must liave something more upon that 
 point. 
 
 Hoy. J. H. Cameron (Mr. O'Farrell communicating with liim privately), to 
 witness: " Did you not receive the |6 from Mr. OFairell for carriage hire, for 
 driving him around ? 
 
 Witness — Am not a carter; have not driven Mr. O'Farrell, nor for Mr. 
 O'Farrell. 
 
 Louis Roy swoi-n and examined by Mr. .J. H. Cameron — Lives in Hull and 
 kno Lacroix. Has known him from boyhood, in the place both were brought 
 up together. Never wanted to have any transactions with him, nor has had any 
 because witness had no confidence in his cliaracter. Since he has become a 
 grown man liis character for truth has not been good. For witness's part he 
 would not, from Lacroix's character for tinith, believe him on his oath. 
 
 Cross-exaviined by Mr. O'Reilly — Knew Lacroix as a boy. Lived first in 
 his company in Grenville. Never saw Lacroix sworn in Court. Never knew of 
 him being sworn since he wa« a grown up man. Never knew of Lacroix being 
 brought up before a magistrate charged with any oflfence, because perhaps ho 
 ne\er had an opportunity. Never knew that Lacroix stole, but knew that peo- 
 ple would not trust things near him. Lacroix has worked in shanties, ui> the 
 river, and about Hull. His business was generally that of a shantyman, or day 
 laborer. Knows a French lawyer named Lapierre, but not to point him out. 
 Somebody came for him about eleven o'clock last night. It was Mr. Larose 
 and Mr. Laferrier. Witness got no money, and was not promised any. Wit- 
 ness is married. His wife does not know Mr. Laferrier. 'Does not know that 
 she was promisetl anything. Does not know a young man named Berichon. 
 The first he heard of the matter was on Quesnel passing his door and saying he 
 was going to pi-ave the >>ad character of Lacroix. Saitl he was glad for he knew 
 the man for a long time. Lacroix had once boarded two j-ears with witness's 
 father, and witness therefore knew him well, and recognized him again . Has never 
 been in Lacroix's house since he became a man. Knows him only for the last 
 two years. Has spoken to him this spring, but has had no tmnsactions with him. 
 They did not work together. Does not know what Lacroix was iloing, )>ut mek 
 him once with an axe, and Lacroix said he was working lor a man. 
 
 John Cosokove sworn, and examined by Hon. J. H. Cameron — Lives at 
 Buckingham. Knows a man named Jjacroix. [Identities I^acroix in court.]' 
 Lacroix lived in witness's neighbourhood. He had no (character for telling the 
 truth, but had the character of being a general liar. From his general clia- 
 racter of veracity witness would not believe him on his oath. 
 
 Cross-examined by Mr. O^lieilly — Only knew Lacroix lor a month, last winter. 
 Does not know what Lacroix's business was. but thinks his principal business 
 was to get goods under false pretences, and go away with them. Witness was sub- 
 poenaed the day before yestei-day. Witness had been speaking of Lacroix having 
 swindled him. Did not prosecute him, because he left Buckingham. He was 
 not worth following. Does not know that there was a "misunderstanding" 
 between them. I^acroix understood perfectly what he w is about. Witness did 
 not understand. The misundei-standing was all on his part. Does not know of 
 Lacroix ever being brought before a court. Heard of many things against him 
 before his name appeared in connection with McGee's murder. There is not to 
 witness's knowledge any sympathy with Whelan in Buckingham. Would not be 
 so until he is proved innocent. Witness came n\) from Buckuigham at his own 
 expense. 
 
 ISiMON Lafkrriek sworn and examined — Lives nt Hull. Has lived there for 
 three years. He knows I.iaci'oix well. Has known him for one year previous to 
 last winter. His general character for speaking the truth is very bad. From 
 tUiS ||«Jiwal cliaracter in ttot respect he would not believe him on Ins oatU, 
 
 :•*'■; 
 
44 
 
 Cross-examined h)i Mr. O'Jh'Uhf — Does not undei-stan;! English sufficiently 
 'Well to ctirry on convornfttion. Has never learned to rend English. Never went 
 to an English aoliool. [ In reply to question, " Can you speak English?" from Mr. 
 ' O'Keilly direct, tho witness answered, " I do."] Had been in the United States 
 for two years, following his trade as painter, and had also T)een a soldier. Had 
 been nineteen months in tho American Army ; had received bounty money, but 
 Jiever jumped tho bounty. Could speak English for his own business, not for occa- 
 sions of this kind. Hacl lieen up in the slianty for two months and had some- 
 times worked at his trade since his return from tho United States. Knows 
 .Lapierro the lawyer. Went round with him, but could not say whether it was 
 to get witnesses. Tliey had been round Hull for eight hours, but witness (iid not 
 know what for. They spoke to Mr. Tjatour, also to a good many people. Tho 
 whole was a trip of pleasure, something like a ''burst" together around Hull. 
 Lapierre did speak to liim about Jjacroix. Saw Mr. O'Farrell on the evening of 
 tho day befoie yesterday at Michael Starr's tavern near the market. Tliey (Mr. 
 Lftpierre and witness) were then going round. Mr. O'Farrell came in after he 
 did. Could not say whether they hatl a drink there or not. He had received 
 a subpcena. 
 
 FuANcia Mabiony sworn and examined by Hon. J. H. Cameron — Lives at FIuU. 
 This ia the third year. Knows J. B. liacroix. Was two raonths with him in the 
 slianty. Has heard it said that tho man had not a good character for truth. 
 That is all witness knows a>)Out it. From what witness has seen, he would hai-dly 
 believe Jjaoroix on his oath. While witness knew him at the shanty, knew nei- 
 ther good or evil of him. 
 ■,■>.. To Mr. O'Jiei/t;/ — Witness did not get any money. ^ .3: 
 
 EiTPUKMiK Lafuajjck swom and examine*! by Hon. M. C. Cameron — Was ft 
 servant at Michael Starr's, while the prisoner Whelan boarded there. Witness 
 met with no accident during that time, except that she took a pistol in her 
 hand, and tho ball went off and entered her arm. The i)istol resembled the 
 •one produced. It was between the palliasse and the feather-bed. It might be 
 two months since this accident. Witness has ])een thi-ee months away from 
 Starr's. The accident happened before then. Witness had heard of ^McQee's 
 muixler. The accident liappened before then, witness does not remember how 
 long. The accident left a mark on witness's arm. [Witness here bared her 
 arm shewing a scar near the elbow.] It was after New Year, about a month 
 and a half after. 
 
 William Gouldkx sworn and examined by Hon. J. H. Cameron — Lives in 
 Sussex street, Ottawa. Knows tho prisoner Whelan. Has worked with him in 
 Mr. Eagleson's shop. Witness was clerk and book-keeper there on tho 25th 
 December, 1867. Continued to work there about two months steadily. Ee- 
 members kst Christmas. Cannot say whether . prisoner was in Ottawa on 
 Chiistmas. Thinks not. Is sure ho was in Ottawa on the 24th December. He 
 came into tho shop tlia t day and bid some of the hands good-bye. That was 
 the day before Cluistmas, Saw him next in about a fortnight when he came back 
 work. Recollects seeing a revolver in his possession after his return. Prisoner 
 had it at the shop. This was before Mr. McC^ee's murder. Saw the revolver 
 twice, once in the midille of Avinter, the other the beginning of spring. Tlie 
 last occasion was about a week before Mr. McQee's death. Did not handle the 
 pistol. It was like the revolver pro«luoed. It hod j^ix chambei's. When 
 Avitness saw it on the second occasion all the chambers were not charged. One 
 was empty. It was said that a girl at Starr's had been handling the pistol care- 
 lessly, and the charge had exploded, tho bullet lodging in her arm. That was 
 about a week before Mr. McGee's death. Has seen the witness Tumei-. Recol- 
 lects his being in Eagleson's shop the day after the murder. This was about 2 
 p. m. There were present Pat Eagloson, Wm. Rowsell, Wm. Wliite, Jno. 
 White, and James Kinsella. Turner spoke himself first. He stiid, " Patrick 
 Eagleson, so Jim is arrested." Eagleson asked : "What Jim?" Turner said, 
 " Jim Whelan ; poor fellow I have known him for a long time, and always found 
 Jiim a decent fellow ; ho would not hurt a child." [Reference was here made 
 *to Turner's orossoxamiiiation, Mr. O'Keilly failing to recollect that he had o^ex). 
 
45 
 
 interrogated as to having made such statements. Tho « 'ourt read from its notes 
 from whicli it appeared tlmt Turner liad denied the facts to which witnegfl iiere 
 testified.] Turner said that he lioard a memi)er of Parliament pay at dinner at 
 tho Revere IIoubb tliat the Government lu»d ottered !jl6,(J(X) to Doyle if ho 
 would swear agjunst Whelan. [llio Court intimated that it did not see the 
 utility of this line, but Mr. Cameron persistetl.] Also a i'ree passage for himself 
 an.l family to any place where he wished to go, and would \)e unknown. Some 
 one said it was a large sum. Turner said Doyle was ii liloody fool if he would 
 not take it. That lie (Turner) would hang his grandfather for hulf the money. 
 Itad no doubt whatever of this conversation. 
 
 Crosa-exainined by Mr. O'lieilh/ — Has known Whehm since he came to work 
 at Eagleson'a on 25th of November. He came at night and aime to work next 
 day. Witness belongs to the St. Patrick's Society. Ifas done so for more than 
 three years. Was present at the meeting at which Whelaii was propose<l for 
 marshall. Eagleson recommended him. Does not know that Kinsella spoke of 
 himu That meeting took place about 1st March. Witness had l)een hero then 
 three months. Prisoner was not known here previously, to witness's know- 
 ledge. Witness did not attend any dance clubs of which prisoner was a mem- 
 ber. Prisoner was a member of the Shamrock Quadrille Club. Did not see a 
 pistol with prisoner until after liis return from Montreal. It was loaded 
 then. That was in the shop. Never saw a pistt)l with any other tailor. 
 Prisoner offered the pistol for sale to witness on this occasion. This was 
 about six weeks after his return, about the middle of Februaiy. Does 
 not remember exactly when he came back. The books do not show it. 
 [Witness persistetl in his non-recollection although pressed strongly by Mr. 
 O'Eeilly.] Witness again saw the revolver about a week before the murder, 
 when prisoner was showing in the shop how the girl was shot. There were 
 others present then. Saw the chamber empty then. Heard Whelan once 
 speak of Mr. McGee in the shop. He was reading a newspaper, and said 
 " McGee is not such a bad fellow after all." Wlielan was a quiet, good man. 
 When McGee was shot people round Eagleson' s appeared sorrj'. They thought 
 Wheltm was innocent. Witness was not asked to subscribe for prisoner's defence. 
 Does not know whether his father was. The girl was shot in the latter end of 
 February. Whelan shewed the pistol the second time, about a month after 
 Witness had not the cylinder in liis hand then. Recollects when Turner was 
 assaulted. That was in May. It was near the Canada House. Witness was not 
 there. Had passed that way about two hours before. Heard nothing of it till 
 next morning. Saw Whelan on the morning of the murder about eight o'clock. 
 Was speaking to him. Did not see the pistol then. Saw Turner m the back sliop' 
 the same morning. Did not see him speak to Whelan. All liands were there. 
 Turner frequently went there. Is not quite positive of his being there on the- 
 Tuesday. Took particular notice of what he said there on the Wednesday. 
 Believes that Doyle was aiTcsted on the same night (Tuesday) as Whelan. Did 
 not see him in the shop on Wednesday. It was about 2 p. m. of Wednesday- 
 that Turner came in. Whelan was arrestetl tilien. Did not make any note of 
 this visit of the Wednesday. It was spoken of in the shop. Witness 8ix)ke of 
 it first when Turner appeared against Whelan at the investigation. No one- 
 asked witness to remember it. Did not see Turner a^in in the shop. Turner 
 got cloths at Eagleson's during the winter. He was not getting any on the 
 occasion of his last visit. He then expressed sympathy with " Jim " as Whelan 
 was generally called. Does not know of any other peraon of the name of Jim 
 being arrested at the time. Pat. Eagleson, Peter's brotlier wsis there. He knewr 
 Whelan well. Never heard him nor Pat. Eagleson call Whelan Jim. Whelaa 
 was a favorite there. The Whites where at the shop getting clothes. He waa- 
 one of the parties arrested at the time. [Mr. M. C. Cameron, " They arrested 
 everybody they found about there." Mr. O'Reilly, " Oh, not eveiybody. Wo 
 did not arrest you." Mr. M. C. Cameron, '' I was not at Eagleson's; If I had been, 
 I dare say there would have been suspicion on me too."] There was some con- 
 versation going on on the Wednesday, when Turner came, in which Rowsell 
 (a cutter), took part. Witness was busy making out accounts, and did not listen 
 
 I 
 
 h 
 
1 1 "' 
 
 
 I '''-4 
 
 I 
 
 i 
 
 in It. Tlio Whites woio there before Kinsella, who entered about 1.30 p.m. 
 They were tliere about 15 ininut(!.s. Witness was in the bock shop about twenty 
 minutes. Pat. Engleson came in near 2 p. m. The Whi*^es were then there 
 :ibout lialt'an hour. They were waiting for clothes. They might not have been 
 more than a quarter of an hour there altogether. Eagleson and Turner did not 
 come in together. Witness noticed Kinsella first when the latter said that it was 
 ii large sum of money. Had spoken to him before. Kinsella said he was about 
 going away to Montreal. Does not know ho was then a waiter at the Russell 
 Uouse. Saw Doylr at Eagleson's on the afternoon of the munler, (Tuestlay.) 
 Does not know wh}', or with whom, he came. It was al)Out 3 p. m. Thinks 
 Whelan was at large then. Heard nothing of a defence fund. Witness was not 
 the boy who brought the clothes from Eagleson's to the, jail for Whelan. Did not 
 see Whelan on St. Patrick's night, nor know where he was. KecoUects a banquet 
 being given that night at the Kussell House to Mr. McGee. The day after the 
 marshals were up getting their likenesses. Whelan went back to work within a 
 week after St. Patrick's Day. Cannot say on wh»it day. Was never in the House 
 of Commons witli Whelan. Whelan left work sometimes late and sometimes 
 early. Does not know whore he frequented. 
 
 To Hon. J. H. Cameron — Whelan was at work on the morning of the nmrder. 
 
 Mrs. Mary Mckphy sworn, and examined by Hon. J. H. Cameron — Lives on 
 William street, Ottawa. Knows, the prisoner, who boarded in her house in 
 November and December, 1868. Prisoner left witness's house on the afternoon 
 of Tuesday, ii4th December, between 12 and 1 o'clock, going by the afternoon 
 train. Recollects tlie date as Christmas Eve. Has no doubt whatever. Prisoner 
 nas absent one day, or from one meal while he boarded from witness. [This 
 was eUcited by suggestion from Mr. M. C. Cameron.] Prisoner said he was going 
 to Montreal to see his wife. 
 
 Cross-examined ft// Mr. O'lldlly. — Prisoner boarded either five or six weeks 
 with witness. Said he was working at Eagleson's. Did not say how long he 
 liad been there. He first came in the afternoon, engaged liis board, and returned 
 in the evening. Is almost certain that tliis was on a Monday. Will not swear, 
 jut is almost certain, that he was there five weeks. Ho paid weekly $3.50. 
 Witness kept no account. He went away in the middle of a week, paying wit-. 
 ness $1.50. This would be for Sunday, Monday, and a part of Tuesday. [Wit- 
 ness being repeatedly interrogated declined pereistently to swear positively that 
 prisoner V>oarded five weeks or moi-e with her.] Saw prisoner perhai)s a month 
 iifter his return, liad no row with him. Never saw a pistol with him. Prisoner 
 kept regular hours in her house, and was quiet and well-behaved always ; gentle 
 and not excitable. Probably cUd not return to board with her because her 
 terms may not have suited hun. ^' 
 
 -John Lyon sworn, and examined by Mr. .J. H. Cameron — lives in Ottawtf,' 
 and has been in the grocery business for the past twelve months. Knows the 
 prisoner at the bar. Knows that he was in Ottawa last December 
 the afternoon of Chiistmas Eve. Witness was in the habit of seeL^o 
 daily, his place being next door to Eagleson's. Prisoner had intimated his m- 
 tention of going away l)efore, but had been too busy. Is certain he left on 24th 
 December. * 
 
 Cross-examined by Mr. O'Reilly. — Saw prisoner, he believes, the first day he 
 arrived. He was brouglit into witness's shop to buy some tobacco that evening, 
 never knew him bef'oi-e. Prisoner brought no letter of introduction to witness. 
 Was not very intimate with Whelan. Knew all the men working for EagleBon. 
 Remembers the day of prisoner's leaving, because it had been spoken of befopg, 
 and chiefly because it was Christmas eve. Saw him going away about nine 
 o'clock that morning. Witness and prisoner were both members of the same 
 society. Was in Montreal when Whelan was chosen a marshal. Did not speak 
 of old Ireland together. Never heard hun speak of McGee, nor of the Montreal 
 election. Had not very much to say to prisoner, and thought him a man who 
 had little to say. Never spoke to Whelan of Mike Murphy who came here to 
 establish a society. Certainly he did not the first dny he saw Whelan. Witness 
 did not think much of McGee as a politician. Is partly the agent of the Iriah 
 Canadian here. 
 
 J leaving on 
 of seemg prisoner 
 
If 
 
 To Hon. J. If. Cameron. — Cannot posaibly be mu-taken about tlie date of 
 prisoner' M leaving. 
 
 Path . Kkm.y sworn and examincil by lion. J. 11. <*iimeron. — Lives in Ot- 
 tawa and has been a tailor here for three years. Was eraploj'otl at Eagleson't*. 
 Knew Whelan there. Whelan was in Ottawa in December last. Left on Tues- 
 day, Christmas Eve. Prisoner had been making and overcoat for himself on 
 Monday, and getting it finished on Tuesday morning, bade witness good-bye 
 and left as though for Montreal. Saw liim no more tliat njonth. Prisoner re- 
 turned nine ^- ten days after New Year. 
 
 fi 0)-<>ss-ex4ifinned by Mr. CKdlly. — Witness was working nt Eaglcson's when 
 prisoner eapao. Prisoner came there at ihe end of November. Kememl)er8the 
 month bectvutjo it was the montli before December. Witness also went there in 
 November. They both came about the same day. Witness had been working 
 for two other sliops outside. Was not verv unusually intimate with prisoner. 
 They both worked at the same l)encli. Did not speak of Irish affairs. Has 
 lieard McGee's name mentionad by the prisoner who said he was a smart man 
 and a good orator, and that lie liked him well. Never saw prisoner reading 
 McGee's speeches. Tliat was during the segsion. Cannot say in what month. 
 Does not remember that McGee's name was mentioned by jjHsoner more than 
 once. Never heard [jrisoner say anything against McGee. Does not remem- 
 ber prisoner speaking of Mc(jlee in Aprd. Witness never was in the House 
 of Commons in his life, lias heard i)risoner siiy that he has been there. It 
 was then he spoke of McGee. Witness belongs to the St. Paul and St. 
 Vincent Society, and to the St. Patrick" s Society. Has seen Whelan at 
 meetings of the latter. Did not vote for his being marshal. Was not there at 
 the time. Does not know how long Whelan belonged to the Society. Saw him 
 before St. Patrick's Day. Thinks it was after Little Christmas that prisoner re- 
 turned, after the holidays. Don't think he was here on Twelfth Day. Told 
 witness nothing of his exploits at Montreal, nor of having been up to warn Mr. 
 McGee of his house being set on lire. [Mr. O'Reilly, pressing the witness to 
 admit of having heard prisoner speak more than once of McGee, repeatedly put 
 the question, '" If Wlielan spoke of Mr. McCJee upon more than the single occa- 
 sion, which will you swear to : he spoke of him in tei-ms of commendation ? '' 
 endeavoring to elicit an aftu-mative reply. Hon. J. H. Caniei-ou interfered and 
 o1)jected, and Mr. O'Reilly desisted. 
 
 Michael Duggan sworn and examined by Hon. J. H. Cameron. — W^it»:ess's 
 place of residence is in Montreal, Is at present in custody here. Does not 
 know ]irisoner, and has never seen him except in gaol. Had never any com- 
 munication with him at Montreal. The conversation and interview sworn to by 
 Wade, a« having passed between witness and prisoner, at the former's house, 
 corner of Mondelet and William streets, is entirely a fabrication. Prisoner 
 never was in witness's house in December, or at any other time, and wit- 
 ness never spoke to him except in gaol. Scarcely knows him now. Never has 
 seen him before so clearly. 
 
 Cross-examined by Mr. O'Eeilly. — An old man stopped at witness's house 
 about last Christmas. Witness returned home about the 17th or 21st of Decem- 
 ber. Witness ha<l been absent at his business, as guager. His wife then managed 
 the grocery. Witness's house is a coiner one. [Mr. O'Reilly here requested 
 the Sheriff' to send for Wade.] Tlie shop is entered by one door, the private 
 dwelling by another, the latter on William street. There is a kitchen up stairs ; 
 it was not used in December as a kitchen. Witness then cooked down stairs.- 
 ■Witness does not call this iip staira plac6 a room — never used it as sugh. It 
 may be ten feet by fifteen There are three bed-rooms off it. It is a kitchen now, , 
 and has been so before. Witness calls it a passage. There is one bed-room on 
 the right of the kitchen, and a door between. There is another room at the 
 other end. There are three rooms. There is no passage from the staire into 
 the kitchen. There was old way of entering the house from the rear. There 
 was no ladder, but was a stairway there in December. Tliere was no windows 
 in the ref.r. There is a half-glazed door nailed up in the upper " kitchen." The 
 back stairway i^ada from the back kitchen door. There is no other room, not a 
 bed-room ujpstairs, Th^re is fto tablQ th«;v9i Ther^ jnaj- be ybftu-a. 
 
\,\i 
 
 i, 
 
 \¥ 
 
 <i\ 
 
 To tlw" Court — Tlit«rG ni-e f&ltr njmptmfnt* m all upstilil. ' ' " '' 
 [A jurviu 111 ivtiiiiifT, Iiore caust-d ii Imi;.' dcliiy.] "I 
 
 To Mi{. UKeii.i.v. — Witm-HS wiw tliin door iuul<>«l up in March, ]>T.T. I)oo» 
 not know wliotlior it wuM niiilod up from Miiwh '67 to April last. Iioes not 
 know how juaiiy nails wow in it. Tri«»«l it wlion witnoHs'H home was V)urned 
 utter Dt'Cfii)>>or lawt, when th«* door wiis rertiiiiily nailod. Thhiku tlif Hio woh 
 in March last. Witncss'H hwtheriiii-law inul hiinstdf could nnt opf»n it. Tlie 
 KlaiiH weiH) for aocoiiimodntifin of tlie lan<U()nl. Witness moved into tin* lion«o 
 in l)<)(!<'mh<'r la8t. It was Mrs. I)u>.'gaii who rontod it. TIkw liax'e since left. 
 Witnesfl'B wife oarnes on the l)U»in(<Ms of prooerj' and liquor eellinf;; t^re. Ther» 
 ia a bar there, mid liijuor in deeantoi-s and beer down stairs. Witnrtte atteniled 
 xo his own husiueas. Drank la-andy himself not wliiskey. Saw th#i man Wado 
 (identified) in witness's house about 17th — lUtli Decemb«>r, after witness's return 
 homo. Witness thinks hi was home on 21st. Wiwlo was a boanler sleeping up 
 Htairs. Thinks he was there at Christmas. Cannot Hay how long after 
 Christmas Wade remained. Does not think he was there three or four 
 days after. Does not remember him there then. W"itni«» did not fin<l Wa<lo 
 boarding there Avhen he ciuiie home. Woiie arrived two or three ilaya 
 after. There is a st4unvay going up stairs from William street. No one could 
 go up without notice by those in the house. Those in the shop might or 
 might not know. There was a look to the door. It might not be always locked. 
 There wa« no place to receive anybody up stairs, and none of witntMss's visitors 
 ever went upstairs. Has only seen his own Ijoai-ders go up — no one else. Wit- 
 ness is not certain of tlie names of his l>oaiders in December. Had been away 
 from home a year and 18 days ])reviously. Lived tb in Montreal. Was ne- 
 ver on the spree. Used not to be out at night at thif . Kemember McGee'» 
 election. Took no interest in it. Never lieard tlv e was an Orange Hall 
 in Montreal, or that it was burned. Remembers Noiueimer's building burned. 
 Did not know there was an Orange Hall there. Knows Doyle, Kinsella ami 
 yiattery '' over the way" in prison, but never saw them in Montreal. Did not 
 know Tom or lleniy Murijhy either. Doody is the only man in gaol known pre- 
 viously by witness. AVas employiMi guaging and measuring liquors while away 
 from his wife. Knows nothing whatever of a Fenian conspiracy in Montreal. 
 Wade ha<l run away from witness's house, and witness pursued him, bringing 
 liira up to the station-house. Finally recovered 8s. 9d. from him. That was the 
 amount witness's wife had said to be due. When witness caught him, Wado 
 said that Mrs. Duggan had not change of a $10 bill, which was the reason he hoA. 
 not paid her. Belongs to no society whatever in Montreal. 
 
 To lIoN. J. II. Cameron — .Swears positively that he never saw the prisoner 
 until at gaol here. The man Wade had absconded without paying money due- 
 iVom him. 
 
 Mrs. Duggax, sworn and examined by Hon. J. H. Cameron — Lives in Mon- 
 treal. Lived there at the corner of William street in December last. Never 
 saw the prisoner at the bar before in her life. He was never in her house on; 
 any occasion. Has only come up from Montreal this morning. 
 
 Cross-examined hy Mr. O'Reilly — Did not hear her husband's evidence. Has^ 
 seen Waile (identitiea) before. Saw him on Saturday in December last. Wade 
 came to her shop and asked for lodging. She asked for payment in advance, 
 and he said he should first go up town to change bills. Wade paid her $1 two 
 days afterwards on her asking for it. One of her boarders, Hawkins, an English- 
 man, was about vo beat Wade on Christmas morning, and told her that he was 
 about to leave without paying. Wade left on Tuesday. Did not send the 
 EngUshman to bully him. There is a side door from William street — a private 
 door for Sundays — leading upstairs. The door was only used for Sundays. It 
 is not opened on week-day... There is no lock to it. If Duggan swore that 
 there was a lock to it perhaps there was. Witness knows more of her house- 
 than Duggan does. Witness would like ta know if there was a lock to Counsel's 
 door. (Laughter). If there waa a look, supposes the key was in it. There- 
 are three rooms and a kitchen upstairs. Also another kitchen down stairs. The- 
 house was intended for two dwellings. There is a storo upstairs, bu-t the cook- 
 
iO 
 
 "1 
 
 ing nfiho Tiriuiie was /tone aovm k'fnrrs." Th^re wore no rfirilre'm {Tip apiirtmfn't. 
 upstairs. Thero won* ono or two chnirs and a sofa. (Lauglitcr. Mr. r>'R(illy 
 having stntod tliat Duggnn apkiiowledged chnirB.) 
 
 I'etkr a. Eaolksov swoni, nnd exiiniinod by Mn. M. C. CAMBnow — RejiidM fn 
 Ottawft nt the time of Mr. Mc(^>c'e'H death. Known jmnon^r. I« now confinetl 
 in guol, does not know for what. Whh aiTcstwl on 7tli April, and llft(•^^v;^(l^ on 
 10th, and has l)oon in giiol ninco. PriHonor wos in witnonn'M employ in N >\ 'ru- 
 ber nnd till April last. Ik'linvf-s that he went to Montreal in this period, Doen 
 not know exactly when. Known Turner. Jle wan in witness s phu-e after 
 Mr. McOoe's death. Tliis might ho a week, fortnight, or three weeks after. 
 Does not know who el.«o were present. Witness's hrotlier, clerk, ainl cutter, 
 were usually there. Nothing wns said in witness's liearing hy Tumor about 
 prisoner. Cannot say when prisoner roturncnl from Montreal. 
 
 JoHJJ DowNKY hwom, and exaniine<l by Mu. M. C. Camkhov — Lives in SI. 
 Nicholas street, <>ttawa. Does not know the i)rigoner, pei-sonally. Never 
 live<l in Montreal. 
 
 Ma. M. C. Camekon — " You must be the wrong person." 
 
 The Court — *' He says his name is John O'Donnell." (Laughter.) ''■^. 
 
 *'■' Mr. Cameron — " C)h, then, you may go down." ''T 
 
 y^'"' The real witness was then brought forward and examined by Mr. M. \!. 
 "CSimeron. 
 
 ' Jonx DowxEY sworn — Lives with Michael Duggan, in Willi im street, (No. 301) 
 Montreal. Has lived there three years. Was thero last December. Never to wit- 
 ness's knowledge saw • ' ■ man in the dock before. Prisoner never was in their 
 place in Montreal. II seen Wade before. He was boarding at Duggan' s. That 
 was near Christmas. Jle paid his boartl, but had to >)e followed to the depot for 
 the money. Is satisfied that Wmle's story of tive men meeting up stairs is entirely 
 untrue. Mrs. Duggan had as })oarders then, a boy named Hynes, one Hawkins, 
 an Englishman, Wade, and witness. Tlie prisoner was not there then. Witness 
 never saw him D'lggan is an<l was then a ganger. The house was a grocery. 
 Does not know if Duggan was there when Wa(le came. Thinks he returned 
 home a few days after. Tliere were no other j)ersons about the house. Wade 
 sat some times up stairs, some times below. They got up stairs through the 
 shop, except on Sundays. Wado slept in one room up stairs, witness and 1131168 
 in another, Duggan in the third, 'fhe foui+h was unfurnished, excejjt for a 
 stove, a table and a few chairs. It was not used, nor lighted at night. It might 
 have been twelve feet square. ; 1 1 i 
 
 Ch-ossexamined by Mr. O'Tleilly — ^There was no lamp there. One was carried 
 there at night when they were gomg to bed. There was no sofa there. 'ITiere 
 was a sort of bunk. There was a sort of lock, a bad one, to the iSundaj' door, 
 which might be opened from outside. Persons could not enter by tliis door 
 without being noticed by persons in the shor>. Witness was always in the shop 
 in the evenings except Sunday evening. Christmas eve was not a very busy 
 night in the shop. Witness was employed there making up books until 10.30 
 p.m. The business was mostly "on tick." Duggan was not up stairs. Does 
 not know where the key of the Sunday door was. It was often lost for days 
 together. The room up stairs was the main sitting room (laughter.) No one 
 in particular sat there. Never knew anybody sit there but the boarders. ,j ., 
 
 Mr. O'Rbillv — " You said just now it was the mam sitting-room." 
 
 Mr. M. C. Cameron — "He said it was a 'mean' sitting room. You are an 
 Irishman and ought to have understood what he meant." 
 
 WiTKESs — " I meant it was a sort of low sitting room." Duggan came home 
 about a few days before Christmas. Thinks Wade had been tlu-ee or four days 
 there before Duggan came back. 
 
 Mr. M. C. Cameron — " Duggan represented that he ha<l been absent from 
 town for 14 months before that time. His return before Wade's arrival was his 
 permanent return, not that from a short subsequent temporary absence at 
 Prescott." 
 
 Mn. O'Rbilly — You can put that to the jury by and bye, Mr. Cameron. 
 • Examination continued — ^The back door of the mean room was always nailed 
 4 
 
50 
 
 ,:*'<■ 
 
 I- 
 
 lii. 
 
 to koop the cliildren in. Never knew that the nails could be drawn. There is 
 an outside stairs leading to this door. If the nails were drawn from the inside 
 a person might come in from .hose stairs. There was no one there on C'lu-ist- 
 mas eve, that is upstairs. Daggan could take his liquor, anything that came to 
 his hand. Liked gin bast. His swiping was the cause of his quarrel with, 
 and long separation from his wife, while he lived in a hotel in town. 
 
 Mrs. Maky Rookks, sworn and examined by Mr. McKenzie — Is married, and 
 has a family. Was living last December opposite Duggan's house hi William 
 street, Montreal. Was often in there, being like a sister to Mrs. Duggan. Was 
 there about Christmas Iftst. There were boarders there then — all of whom 
 witness most likely knew. Never saw prisoner in her life. He could scarcely 
 be at Duggan's without her notice. Saw Wade there often. Saw hifla the first 
 day he came there. ^oi < 
 
 Cross-examined by Mr, O^Reilly — Has three children ; no servant. Always 
 brought the children with her to Duggan's. May have been up stairs in 
 Duggan's in the day time. Was not so at night. 
 
 SirsAX Whkati.ky sworn and examined by Hon. J. H. Cameron. — ^Lives in Ot- 
 tawa. Knows Eagleson' 9 establishment. Knows a man named Tumor. Recollects 
 being at Eagleson's once when Turner came in there. This was the day after 
 Mr. Whelan's ai'rest. Witness going into the shop, then heard Turner say that 
 poor Jim was the last man he would suspect of the murder. Kinsella and 
 Kowsell were in the shop, but witness cannot say whom in particular Turner 
 addve^.'ied. Turner also said that ho would swear liis grandfather's life away for 
 half the money. Pat. Eagleson, young Gouldcn, and other gentlemen whom 
 v/itness did not know, were present. Witness went away with these words of 
 .Tiu'ner in her ears. Is certain of the words and the date. 
 
 Cross-examined by Mr. O'lteilly. — Witness came to give her evidence of hei" 
 own accord. Told Mrs. Whelan she would come. Never had been examined 
 as to what she would swear. Mr. O'Farrell had not asked witness wliat slio 
 would swear to. He asked if she was the person named by Mrs. Whelan. Told 
 3Ir. O'Farrell that Turner had said tliat. , Mr. O'Farrell imd told her to tell 
 nothing but the truth in court. Nothing was said about monej'. In Eagleson's 
 store, Turner had said ho woultl swear his gi-andfather's life away for half th(^ 
 reward, which wa.^ either $10,000 or $20,000. Did not hear Doy^o'awwe ^^^fija- 
 tioijed, nor about $16,000. Nor of his leaving the country. ,,. ,5,1] '- ''-aJ'- ':n 
 
 To Hon. J. H. Cambron. — Has no doubt wliatover of the stnfement of Timier 
 that he would swear awrty his graniUathor's life for half the reward. 
 I Mu. O'IIbuj.y — But there was no reward otforedat the time. That's enough. 
 (Laughter.) 
 
 joTix WniTK sworn and examined by Hon. J. H. Ca|neron.-r-Lives in Hull. 
 Wii^ii n Eagleson's shop the day following Mr. McGee's murder. Turner came in 
 there while witness was there. Never sr.w bun before. Ho said tlien, "So 
 Jim's arrested." Some one said, " What Jim ? " Turner said, James WliKPlan. 
 ,It >vas a shame to arrest hir^i. Ho would not do harm to anyone. He also said 
 .that he had heard one of the members say at the Revere House that the Gov- 
 ernment had offered Doyle $16,0(X) to give, information. Some one said tliat 
 that was a great sum. Turner said yes, that lie would swear his grar^dfatln^i's life 
 away for half the amount. Hoixrd nothing more of importance. 
 
 Cross-examined by" Mr. O'lieilly. — There hml been something said about a 
 reward before Turner came in. Nothuig wasf said of getting $10,000 or $a0,000. 
 Turner only spoke 6f $16,000 for Doyle who was to be sent out of the countrj- 
 with his fanailj-. Does not know KinsoUa or Doyle. -Witness's brother wOi^ th-3re. 
 He used to work on the Hdl, and was arresteil afterwards. Row»cll Wiis there, 
 and Cioulden. Had no business there that day. Merely went in there for gossip and 
 enquiry, iwt to ge<i clothes. Had got clotl^es there before, but was not doing pothen. 
 liml (Sued between 1 2 and 1 with his b? >< hoi*. K«mbled round afterwards, and got 
 4o iiaglesc/n's between I and 2. Reawined tliere 45 minutes or an hour, and 
 went thenco to tiie Government workshop, returning to Eagleson's later in the 
 day for news This was the day following the murder of Mr. MoGee; 'Thinks it 
 was '^Vodnesilay. Believes he was down at Eagleson's on the day of the naurder 
 
§^ 
 
 Hull. 
 
 also, and may have mot his brother there, and spoken to him of the murder. 
 Does not know where Whelan was then. If witness was there on the day of the 
 assassination it must have been in the evening. 
 
 ^" [Mr. O'Keilly having asked how it was that Eagleson's was headquarters for 
 news about the murder, Mr. M. C. Cameron submitted that the Crown pi-ose- 
 cutor should not put woi-ds into the witness's mouth.] 
 
 Examination continued. — Had no knowledge whatever of the prisoner at the 
 bar. Never met him |o^|^f> society, and was not marshalled by him on $it. 
 Patrick's Day. /' ^• 
 
 ;. ;^, To Hon. J. H. CAMEROX.^IIas no doubt whatever of Turner's woi-ds. 
 
 WiLLUM White sworn, and examined by Hon. M. C. Cameron. — Lives 
 in York street, Ottawa. Knows Eagleson's, and knows Turner. Saw him 
 at Eagleson's after the prisoner's arrest. The day after. On Wednesday. Turner 
 said than tluit he was very sorry for Whelan's arrest. That he had always found 
 him a very decent man, and never heard him use any tlireats. He remarked 
 jilso that lie had heard at the Revere House a member of ParUament say that 
 the Government had offered Doyle $16,000 to tell what he knew, and that they 
 tvould send him and his wife and family wherever they desired to gO; Some 
 person present said tliat it was a very large sum. Turner said he would swear 
 Tiis gji;andftlther'3 life away for half the money. Witness recollected the wonls 
 frbiii" having heard Turner swear quite differently at the police investigation. 
 Had been arrested and discharged. 
 
 ; Cross-examined hy Mr. O^Jieillij — Had gone to Eagleson's that day after 
 'dinner, ajid remained there about an horn' and a half or two hours. That was 
 4bout 12.20 p. M. Went there on business, to get some clothes. Witness's 
 brother was with him, but had no business there. [Mr. O'Reilly stated that the 
 other White had sworn that neither of the brothers had any business there. 
 Mr. J. H. Cameron denied that the former witness had spoken for any but him- 
 self. Mr. O'Reilly appealed to the Judge's notes from which it appeared that 
 no such question was recorded. Mr. J. H. Cameron complained of being rudely 
 interrupted by Mr. O'Reilly, and there was some exhibition of warmth exhibited, 
 calling for the Ju«..je's request to Counsel to keep silence.] Witness remained 
 at Eagleson's, not finding Ixis clothes finished. Does not remember Doyle there. 
 Hi^ brother and him were then on their way up to get their tools from the 
 <3overnmeht workshop. Thinks Kinsella was there. Did not notice a young girl 
 -there. First ntet Wnelan at St. Patrick's Hall in the winter. This was at a 
 ineeting of the society. Not when Whelan was elected marshal. Was not 
 there when Whelan joined. Did not see Whelan on the Tuesday. Wa.s not in 
 Eagleson's that day. Was there on Monday night. Peter Eagleson, Keogh 
 and Whelan were there. Nobody else but witness. This was between 7.30 and 
 fe p. m. Cannot recollect how Whelan was then dressed. Cannot say what they 
 tvere talking of. Did not hear of Mr. McGce being about to speak. Witnees 
 remained until 9.40 p. m. Whelan left about 8 p. m. Is not certain of the 
 'hour. Cannot say how long Whelan was there. Did not speak to him at all. 
 'W&s not speaking of bus'iess, nor of the qiffairs of the society. Frequently 
 'went in of tin evening to see the paper. Cannot tell of anythmg that 
 V-^ said i that evening among them all. That was the last time witness 
 'saw Whelan before }iis arrest. Did not meet him at all that night. Was 
 !faot near the Parliament buildings after 6 p. m. that day. Did not see 
 him (V/helan) again until witness saw him marched up by the soldiers to 
 the inquest on the Hill. Tlir t was on Wed^e8day. Does not know at •what 
 'hour, witness was at the corner of the street. Was not talking of McGoe's 
 death on Wednesday at Eagleson's until Turner came in. Was there for an hour 
 and a half talking of nothing. Simply asked for hia punts and vest which were 
 _ not finished, and then remaipied silent by the counter. Cannot give any infor- 
 mation as to the conversation, that day, except Turner's words. Knew Ml. 
 ilcGee ; was not much oiiposed to him. Has not escpressed unfavorable opi- 
 ni6n8 of his policy. Has been collecting money at the Ch^udiere for the defence 
 of Mr, Whelan. ' .'j^mu 
 
 4' ■ 
 
 i 
 
^ 
 
 M 
 
 
 if. 
 
 
 I 
 
 •-■I 
 
 M 
 
 To Hon. M. C. Camerok — Witness had been himself arrested, and knowing 
 that he was charged unjustly was disposed to assist Whelan. 
 
 To Mr. O'Reilly — The last time witness had been collecting was on Thursday- 
 last. [Mr. M. C. Cameron objected to the question as to how much money wit- 
 ness had collected, and it was not pressed. ] There were two Turners present at 
 Eagleson's on the Wednesday. The other one was a clerk in Mr. Lyon's store. 
 It was of witness's own motion he commenced collection for Whelan. Mr. 
 Lyons collected with him. [Mr. M. C. Cameron objecting to some of this cross- 
 examination, wa,s told by the Court that the witness was competent to protect 
 himself.] 
 
 James Kinsella being sworn — Said he is under arrest. Does not know what 
 for, at one time he was told it was for P'enianism, at another for shooting Mr. 
 McGee. Had been five months at the Russell House, before Mr. McGee's death, 
 as waiter. Wad at Eagieson's the day after the death of Mr. McGee at about 
 four o'clock, was not there veiy long. Knows Alex. Turner, the waiter. He 
 came into Eagieson's that afternoon. Other parties came in, whom he did not 
 know. Knows one of the Wliites, but does not know whether he was in then. 
 Turnerdid not say anything in reference to Whelan at that time. Whelan was 
 not then arrested. Had a little business at Eagieson's that afternoon. Whelan 
 was arrested the same evening. Witness does not think was at Eagieson's on 
 the day following. If he was there, he does not remember it. 
 
 Cross-examined by Mr. O^lieilly — It Was on Tuesday that the conversation 
 took place about the reward. Some party said the reward was very high, and 
 Turner said he would swesir away his father for half the money. Did r . c say 
 his mother or his grandfather, but his father. This conversation took place on 
 Tuesday afternoon, about four o'clock, but was not positive as to the time. Could 
 not say whether the taller White was there. Believed Goulden was there. Did not 
 see Whelan on Monday. Was at the Russell House on the Monday from about 
 seven in the morning until about eleven in the day. Could not exactly say how 
 long it is since he has become acquainted with Whelan, but is more than a year. 
 He made his acquaintance in Montreal. Knew Doyle, and hsul seen him with 
 Whelan. Had gone with Whelan himself. Had gone with him to Scanlan's, and 
 also with Turner. Turner and Whelan were a good deal together. They seemed 
 to be great friends. Had played cards twice at Scallan's with Turner and 
 Whelan. Does not remember to have seen Murphy there. Witness came from 
 Montreal to Ottawa on the 13th of November. Does not know when Whelan 
 came. Whelan came here some time before witness saw him. Whelan often 
 came to the Russell. Had sometimes so(m Whelan and Doyle talking together 
 in the carving room, but not in the glass pantry. There is only a passage 
 between them. It is but a very small distance from the pantry to the carving- 
 I'oom. Had seen Whelan there talking with Doyle several times ; could not say 
 when was the first time, nor how many times he had seen them. Doyle and 
 witness came together to Ottawa, and went to the Russell House on the same 
 day. The first time they came, they put up at Mrs. McKenna's. Doran was 
 there. Alex. Turner was the first who told him that Whelan was in town. The 
 first time he saw Whelan was on the street, the next time in the carving room 
 of the Russell Houde. This was not a fortnight from the first time he had seen 
 him. It was a week after and more before he saw him there again. He saw 
 him then in the carving-room. Had never seen him in the glass pantry. Did not 
 know how he came in, he did not come tlirough the dining-hall. He may 
 have come up the back stairway. Witness had seen him going out by that way. 
 There were several waiters ihere, when Whelan was in. Could not say whether 
 Doyle was among them. Could not say when he next saw him there. H» 
 (witness) had only seen Whelan there four or five times altogether. Did not 
 remember when Whelan left I'or Montreal 'j,bout Christmas time, nor when he 
 came back, but it was after the holidays. Did not remember when he had seen 
 Whelan in the carving-room the third time. It was in the day time, about ten 
 o'clock. Had seen Whelan the last time before the murtler a couple of days 
 before it occu . red, at Eagieson's. Was at the Russell House on the night of 
 the murder, but did not see Whelan there. He (witness) was homo before 
 
m 
 
 eleven o'clock, having gone straight home from the Russell House. He did not 
 go up to the Parliament })uildinga that (Monday) night. Could not say how 
 long before that since he had seen Whekin at the Russell House Does not 
 remember when Doyle came home. Witness left Doyle at the Russell House. 
 Witness heard of the murder, because Doyle woke him up and told him of it 
 about three o'clock in the morning. Witness left for Montreal at noon, on 
 the Thursday after the murder. Never discussed any matters of politics with 
 Whelan. Does not remember having said that Turner was a traitor. Remem- 
 bers that Turner had said that Whelan was a Fenian. Witness never told 
 Whelan that Turner had informed Mr. McGee of the threats made against him 
 at Scanlan's. Left the Russell House because he was v mted in Montreal. 
 Had told Whelan he was going to Montreal two weeks before that time. 
 Did not see Whelan on the Tuesday after the murder. Does not know 
 whether Whelan called at the Russell House to see him. Did not 
 see Whelan there, though he wanted to see him. Witness then went 
 to Whelan's boarding-house, at Michael Starr's but did not see him 
 there. To the knowledge of witness Whelan was not at the Russell 
 House that day. Witness knows nothing of the talk said to have taken place at 
 Scanlan's. Never went to McGee's house with Whelan; never heard Whelan 
 say anything about plot against McGee's house. Has heard Whelan say he 
 knew McGee when he saw liim in the corridor. This was in the corridor of the 
 gaol here. They (witness and Whelan) were there together for some weeks — 
 about seven cells apart. They could talk to each other at that distance. Had 
 Bpokeu to each other on sevei-al matters. Whelan complained that he had 
 been put in wrongfully, that it was too bad for him to be in there for shooting 
 McGee when he did not know anything at all about it. Witness believed Whe- 
 lan to be innocent. Whelan had never told him where he was on the niglit of 
 the murder. Thought he told him he was out drinking with a fellow that night. 
 Does not remember that Whelan ever told him anything of where he wtvs that 
 night, except that he was d' nking with one Marshall. Could not say what 
 conversation Whelan and h> -or h ul about how McGee came to be killed. 
 Does not remember that tho i<l ever sai^ mything about it. Does not exactly 
 remember what Whelf ;uid '< witness about McGee's murder. Witness (after 
 severe pressxire) rem ^re<t that ho damned tlie man wlio did the deed, and 
 Whelan said he daniu. imn too. Whelan said o'" McGee that he 
 
 recognized him, he (Wheian) hi vin^ gone -3 his house .u a letter. Witness 
 does not know what Whelan did u that letter or wliether he said he had 
 delivered it. Does not tliink thuL W -elan ever « "id hira when he had gone to 
 McGee's. He had told '..itness that h< had a pist" and tliat one of the 1 arrob 
 went off and hurt the girl's arm. Never had a pistol hi iself, and never saw a 
 pistol wit^/WThelan. Never knew of Whelan mil T >} imvitini' each otiior at 
 Mrs. ZdcKenna's. Heard nothing about the oi liie trial while in jail, 
 
 except what was told him by the turnkey. ^v « prisoner by the name of 
 
 Hiss, but does not know that he and Whelan ever hud a conversation. Never 
 r^poke to Whelan about conversation betweei? 
 had been published. It was known among t 
 made a statement which was published, but do. 
 to Whelan about it. Remembers Whelan ha\ 
 the papers, but he does not know what it wh 
 talking to him, and witness could not say to whom Whelan waa speaking. Wit- 
 ness might have warned Whelan not to speak, lest he might be overheard. 
 Does not know whether he did or not. Does not know any reason why he 
 should have done so. Does not know whether Whelan made any statement to 
 *vitnes» about the affair. Does not know whether he would have remembered 
 it or not, pi ovided it had been made. He does not recollect of any such state- 
 ment. 
 
 To Hon. M. C. Camkron — Whelan always professed to be innocent of the crime 
 charged against liim. The carving-room of the Russell House would be pretty 
 well filled by half a dozen waiters at work, and there would be little chance 
 of carrying on a private conversation in it, except by whispering. Thore wene 
 
 ^Vhelan and Doyle, which 
 
 < -isoners that (5ullen had 
 
 remember having spoken 
 
 ad there was a statement in 
 
 alMjut. Whelan was not then 
 
 I 
 
m 
 
 .■•I 
 
 i. 
 I 
 
 I 
 
 m 
 
 about twenty waiters at the Russell House. Thoy dined between twoh-e and 
 one o'clock. Does not remember how the door of the dining-room was usually 
 kept. During the time of carving, fhe door of the carving-room was left open. 
 There was a passage down to the kitchen from tlie door of the Ciifvingroom. 
 Doran was the head -waiter at the llussell House at that time. Never knew tha.t 
 Turner ha<l communicated any information to Tjir. McGec. Never heard any 
 threats by Whelan or anybody else towards Mr. McGee. ^ 
 
 Patrick Eaolbson sworn and examined by Hov. M. C. CAMEHoir — Lives iU 
 Ottawa. Has lived here about eight years engaged in the dry goods busine^^, 
 as clerk to his brother. Knows Alex. Tui-ner. Has seen him in Peter Eagle- 
 son's store. Turner was a waiter. Saw him after the death of Mr. ])ijEcGce — ^the 
 day after — second day after — on Wednesday. That was at the stoj'6, and aftet 
 dinner, about 2.30 p. m. There were present Mr. Rowsell, the twc Whites, 
 and Goulden, also Kinsella. Is pretty certain Kinsella lyas there. Turm^r saia 
 then, "So James is arrested!" Witness said. "\NTiat James?" TUiuer 
 said, "Poor James! he was very sorry for him; that he was not a man to 
 do a thing like that, that he would not hurt any person no more tliaVi the child 
 unborn. That he (Turner) had known him for a long time. Turner said also 
 that he heard an M. P. say at the Revere House, that the Government had 
 offered Doyle $10,000 to teh what he knew about Whelan, and a free pass to any 
 part of the world for himself and family. Some one remarked that it was a 
 large sum. Turner said yes, Doyle was a bloody fool if he did not take it ; that 
 he (Turner) would swear his grandfather's life away, or would harig his grand- 
 father, for half the money. Witness was at the 8tor6 till 7.30 p. m., on the 
 night of the murder. Then went down Sussex street with the intention of 
 going to a meeting. Met some young men at Lapierre's door, who askeii 
 him in. Lapierre's is a hotel. Remained there till early in the morning, 
 when the constables heaixl the report of the assassination. They heard it froiii 
 the messengers from the buildings. The police were Pinard and Jordan. They 
 had come in about 10.30 or 11 p. m., and had gone out again in search of some 
 parties who had assaulted Mr. Mosgrove. They carne liack about 1.30 or 2 a. m., 
 and were in the house an hour before tlie news of the murder came. They 
 were talking and enjoying themselves. They were drinking — something more 
 than water. One of them played a few games of cards. That was Pinard. It 
 was not for any stakes. There is no doUbt whatever of that. Lh^pierre and 
 Germain were present. Witness was playing with Germai)t, who was teaching 
 witness " Seven up." Stopped playing when the policemen entered, and Pinard 
 asked witness to play a game of "forty-five," f;nd witness did so. When the 
 news came witness asked, Lapierre to go up street with him. He would not. 
 Witness then started alone after the police. Met a man opposite Mr. Storey's 
 »vho said that he ^\ as a bar-keeper in the Buildings, Tlie man said he liad heard 
 nothing. Met Maloney, a printer, running very fast near Wilkinson's flour store. 
 Askeil him what was the matter. Maloney said Mr. McGee was shot as dead as 
 a herring. Witness ^vas himself arrested, but finally discharged. 
 
 Cross-examined by Mr. O'lieillt/ — Saw Whelan In Engleson'S store on Itlonday 
 .1 few minutes before eight p. m. He was leaning against the counter leading O- 
 paper. Never saw a pistoj with Whelan. Ha^ collected no money for this trial. 
 Tlie first news brought to Lapierre's, witness' understood to moah that McGee 
 was mobbed, not sliot. Witness did not say then that Cartier would be the 
 next — let liim look out I Witness said nothing but " My God ! " Did not drink 
 too much tliat night. Was six hours at Ijapieri'e's smoking cigars, and drinking 
 diflTerent sorts of drinks. W playing for the drinks latterly. The sliutters 
 were up. Witness djd not sn} ' Is he got at last ? " Never said anytlung there 
 about McGee or Cartier. Wii a member of the St. Patrick's Society. Met 
 '.Whelan once at a p'ufty at th. Hall. Was not present when Wheltm was pro- 
 posed as marslial. Was not more intimate with him than with any other 
 workman. Did not prop< ise him as marshal. Understood that he was mad*^ 
 marshid because he was a good horseman. Went to bed about five o'clock orf 
 the m rning of the murder. Got up about nine. Was in the store only a feW 
 ttdhU 3S on Tuesday. Did not see Whelan that day. Witness did not go to the^. 
 
00 
 
 store because he was arrested at 9 a. m., and not freed till 10.30 p. m. Was at 
 the shop on Wednesday. Generally went about seven in the morning. Did not 
 send things to Whelan in gaol, and does not know >vho did. Did not subscribe 
 or collect a shilling for the defence. 
 
 ftortfe.if'i^ >h{T ^«<>mIw im i^.v, Friday, nth September, 1868. 
 
 Mus. ScAXLAX sworn, and examined by Mr. McKenzie. Lives at the corner 
 of Durie and Ilermine streets, Montreal, where she keeps a grocery and tavern. 
 Her husband is in the employ of the Gi".xnd Trunk Riiilway, and is in the volun- , 
 teer force. He is absent all day, and witness attends to the business. Her. 
 house has a bed-room and kitchen besides the store. Knows tlie j)risoner, and 
 also Alex. Turner. Remembers McGee's election. They were both in the habit' 
 of coming to witness's house at the time. Turner came to drink. Prisoner's 
 wife came for groceries. Witness often heard the conversation passing bctweeo, 
 prisoner and Turner. Never heard prisoner make my threats against Mr. 
 McGee. They generally sat at the bar. The house is all one tlat. Tlie kitchen 
 adjoins the bai'-room. They went in there sometimes. If witness was attending' 
 her business outside, she could not hear what went on inside. Her liouse was. 
 not a resort for Fenians, and there never was a meeting there. Her husband is, 
 a loyal man. Tlie witness Inglis was often at her house, and thinks he would' 
 speak the truth of it. 
 
 Q-oss examined by Mr. G* lieilbj — Takes no special interest in prisoner. Did 
 not give any money for the defence, nor aided it by taking tickets for the pic- 
 nic. Did not send him any things. Murphy, Doyle (once), Kinsella, and En- 
 right have been at her house. 
 
 To Mr. McKenzie — Doyle was there but once. The others had no meeting 
 there, but came in for drinks merely. ^l ^■- ' ..■ ^'. „ V 
 
 To THE GoUKT— Inglis was often there with Whelan. '" " ' ' ' "\ 
 
 MARxm O'Gaka sworn, and t-xamined by Hon. M. C. Cameron — Is the pO-' 
 lice magistrate of Ottawa, and took the depositionsof the witnesses for the prose-, 
 cution. Took some stiiiement in writing from the witnevss J. B. liicroix, does 
 not know whether on oath or not, and handed it to Mr. OReilly. , 
 
 Mr. M. C. Cameron — Now Mr. U'lleilly 1 ask you for that statement. 
 ^^ Mr. O'Reilly — It was not taken before the pririouer, 
 '^I'^jMr. M.'C. Cameron — 1 did not ask you that. I want the statement. 
 
 >Qi 
 
 * Hxamination continued. (Mr. O'Reilly meanwhile searching for the docu- 
 
 ment.) The statement now shewn nuvis not th fii'st one I took and gave to' 
 Mr. O'Reilly. The lirst one was very shortly after the murder, (^annotsay how, 
 long a time elapsed between' taking the tAvo. Do not lemember the dates. Tlie 
 first was taken before, and the second after, the prisoner's committal. There 
 Wiis more than eight days' interval between the two. There had bc^n an adjoiun- 
 ment of the examination for eight days. j- ' 
 
 To THE CouuT — ^The tiroL statement was made pending the adjournment. 
 
 on the subject. It had taken place in Mr. O'Reillys absence. The policemen 
 Pinard and Joi-dan made a statement to witness about Laci-oix on the night the 
 latter was first brought in. Thinks that they repri'sented the main Eicts of" 
 Ijaci-oix's evidence as givon in court by the lattei . What I^Acroix did say was',' 
 reduced in writing. He gave his statejuent in Frencli, Pinard interi>ret5li^. 
 Pinard was not sworn ais interpreter. Witness does not understand French, 
 and took Lacroix's statement as Pinard represented it. The second Btat"^ "nt,' 
 witness thinks, was interpi'eted also. By the depositions witness tinuo that 
 Pinard then interpreted also. As a matter of fact remembers thai Pinard lirs^; 
 gave him information respeptinj^'Lacroix. Will not swear that I'inard'^Ml'^ 
 interpreted on this first ooxwsion, but inosumes so. [Depositions of Wm. ' 
 Graham h^hdetl to wittiess.] This is in nt, hjindwiiting hnd signed >)yGrahara. 
 [Mr. O'Reilly here expressed a hope that no witness for the defence might be. . 
 allowed to be present. Two had just been turned out.] It is repi-esented In 
 
these depositions that prisoner liad given Graham four tickets and goiie up four 
 times (to the gallery) on the night of the murder. Believes tlmt this is the 
 evidence Graham then gave. Believes that he (witness) wrote down correctly 
 Graham's first description of the prisoner's clothes, wluch does not tally 
 exactly with his evidence in court. Took the depositions down with as 
 much care as possible, and read them over to witness. The deposition 
 states that prisoner wore a light coat and pants, and that Graham could 
 not remember what sort of hat. Tliis was in the House on the night of 
 the murder. The word "colored" is interlined after light in the depositions. 
 This correction was made before witness had signed it. It seems, therefore, to 
 have been read over for correction before signature. It was the colour, not the 
 material that was light. [Graham swore in court that the coat was (lark, and 
 that Whelan had gone up to the galleiy only three times, with three tickets.] 
 Witness took down Turner's deposition also. Thinks upon the 15th Ajiril. 
 Don't remember if Turner was before him prior to that. Saw him with Mr. 
 O'Reilly, but did not take any of his evidence then. [Deposition of Turner 
 here examined by witness.] There is no conversation mentioned in Turner's 
 deposition, as having been overheard by him, between prisoner and Doyle at the 
 Russell House. Mr. O'Reilly examined Turner. Mr. John McGoe was examuied. 
 Was not examined until after Turner. Immediately after Turner, on the same 
 day. Mr. McGee's tleposilion refers to a visit from Whelan to his brother's place 
 in Montreal and the giving of a letter there. There is no deposition of police- 
 men Phiard and Jordan among these. Does not recollect any being made. 
 
 Crbss-examiiied by Mr. O'lMlli/ — Lacroix's first statement was matle after 
 the adjournment of the examination on the 19th. There was no examiiiation 
 before the prisoner again until the 15th. Lacroix's statement was taken at 
 the lock-up. Not under oath, and not signed. It was rather a memorandum 
 for witness's guidance, and Mr. O'Reilly's information, nota formal statement. 
 [Mr. M. 0. Cameron here stated that ho could cita authority to demand pro- 
 duction of such a statement.] Told Mr. O'Reilly the particulars on liis return. 
 Mr. O'Reilly at once directed the police to search for I^croix. He was brought 
 in after Whelan's committal. Lacroix's second deposition was not taken before 
 Whelan. It was taken in French, Piuard interpreting as he generally does. 
 There vvas notliing unusual in his acting as interpreter on this occasion. 
 
 Mr. O'Reilly was understood to state that no affidavit of Lacroix had been 
 withheld from the defence as had been stated. [He also was understood to 
 deny possession of Lacroix's statement.] 
 
 Mr. M. C. Cameron had desired to have Lacroix's first statement. "There 
 was a great deal of prejudice against prisoner, and evei'ything tending to clear 
 up the cai^e ought to be produced. 
 
 MiCHAKi. Casey sworn, and examined by Mr. McKenzie — Has been in jail for 
 eight months for stealing a watch. Knew a prisoner named Robert Hess. Hess 
 and witne»8 went into the corridor with the dinner for prisoner. Hess said it 
 was good enough for the latter, wlio would have his neck stretched one of these 
 (jays. Has heard Hess said subsequently that the Sheriti' promised him the best 
 suit of clothes in the city if tht!y cost $50. Does not know if that was in refe- 
 rence to Whelan. 
 
 Oioss-exammed by Mr. 0' Reilly—llas been in gaol once before for stealing, 
 and two oi three times for drunkenness. Never sent up anything to those who 
 are called the Fenian prisoners. Does not know if he is under punishment for 
 havmg done so. Has been allowed to assist the cook in the kitchen, but 
 was sent out of it by the gaoler on account of such an accusation. Never con- 
 ffessed it, or expressed contrition for it to the gaoler. 
 
 James Youno sworn and examined by Mr. M. C. Cameron. — Resides in 
 Afontreal. Has known Michael Duggan for six years. Has boarded at lois house. 
 'Hus was in September last — for three weeks or so. The house was at the corner 
 of William and Mondelet streets. Slept there as well as boarded. There were 
 other boarders there. Michael llynes, Wm. Sherry and Hawkins. Went away 
 after three weeks or so, returning in December. On the da^' of his return a 
 *• mixed-hairod " man came into the shop askimg for baei-d. Witness rejaarked 
 
# 
 
 that he was a peculiar looking chanioter. [Reuben Wade here ealled for in 
 Ojurt.] Did not hear the name. He came in hiuiself and ankt-d for board when 
 inside. The people in the house usually sat down stairs. There weie three 
 rooms up staii-s, and a kind of passage with a stove used as a kitchen. 
 
 To TUB CouuT — ^There was a table there. Does not know if there were chairs. 
 
 To Mr. M. C. Camekox — The room was about 12x10. Never saw anybody- 
 there but the boardei'8. Never saw the prisoner befoie now. 
 
 Cross-examined by Mr. O^Reilhj — Duggan was not at home the first time. 
 Was not boarding there while the old man was there. 
 
 Mn. O'RBaiA'— That will do. 
 
 Mu. M. C. Cameron — We will see whether it will do. To the witness — Did 
 you ever board tliere again ? Witness. I did ; Duggan was there then. That 
 tyaa in January. 
 
 John Shkrky sworn and examined by Mr. M. C. Cameron.— Resides at Mont- 
 real in Duggan's House, William street. Has boarded at his house at corner of 
 Mondelet street in December last. Is Mrs. Duggan's brother. Knows a man 
 named Wade. . That is the old man — i)ointing him out. I guess he knows me 
 too. Thinks it was about the 19th December he came to board with Duggan, 
 Never saw the prisoner until last evening. There was never any one except the 
 boarders occupying the upstairs room with Duggan in December last. 
 
 Crogn-exainmed by Mr. (flieWy — Did not drink any in Wade's time. Had 
 the jjledge then. Broke it at the time of the tire, coming on spring, having 
 been out in the cold. [A question here put at Wade's suggestion.] It was 
 Hawkins that knocked down the stove one night going to lied. He had not 
 the pledge. Did not as.s'ociate v.ith him or Wade. Neither of tliem had clothes 
 enough to cover them. Was not at the election. Was not walking with Whelan 
 at tliat time. Can easily swear that. It is easy to swear the truth. Did not 
 subscribe for the defence. Is stopping at Stan-'s. Did not s^ee Mr. O'Farrell 
 there laat night. Did not tell any one what lie would swear here. 
 
 John Canty sworn, and examined by Mr. M. C. Cameron — Is a cirter of 
 this city. Knows He.ss (the witness) since about 14 years, when witness worked 
 ■with him. Has known liim in jail. Witness had contracted for the jail water- 
 supi)ly. The Inost witness knew of him was when they both worked together 
 on the timber. This was but for three weeks. Hess was turned off the timber 
 by the foreman for being quarrelsome and telling tales of the others. Has 
 not known of him since. 
 
 Vro.<is-examined by Mr. 0' Beilhj — Hess is not veiy strong or powerful. Noth- 
 ing but human flesh aft«r all. Expects he is himian. 
 
 John Wetheus sworn, and examined by Mr. M. C. Cameron — Is one of the 
 juroi"s of tliis Court. Does not know Hess i)ersonally. Witness has' lived in 
 Goulbourne ; Hess also. Has seen him there. Knows nothing of him but his 
 reputation there. A young man named Wm. McKay told witness that Hess 
 broke a gate on liim. Knows nothing of his reputation for truth. 
 
 Crossexamined by Mr. 0\HeiUy — Witness was told to " stand aside," as a 
 juror in this ca«e. Hess never thrashed him. Witness never spoke to Hess. 
 Knows nothing more about him. 
 
 James Dokan sworn, and examined by Mr. M. C. Cameron — Was head waiter 
 in the Russell House in January. Was discharged yesterday morning, simply 
 because he came to court to give evidence. Has seen prisoner, but not to know 
 liinl. ilas spoken to him twice in Montreal, and once or twice in the Russell 
 Hotel. Was head waiter at the Ottawa Hotel for five years and a half. Turner 
 was there then, and at the Russell Hotel also rath witness. Knows 
 every inch of the Russell House, except upstairs. Turner waited at the 
 Eussell from 1st of November to 10th of March. Witness had power to 
 <li8Charge ahd hire waitei's theinJ If he had not left witness would have dis- 
 charged him. Witness yesten-day morning at 10.30 sent an English waiter, E. 
 Williams — a disinterested party — into the glass pantry to represent Turner 
 •washing his hands. The door was left about 16 inches open. >Spoke to another 
 ivaiter (LoVig) at the head of the stairs, between the c^i-ving-room and the glass 
 pantry, as near ft8 p9»siWa to tfe? l^itter witUout]touchiuath% door, , Asked 
 
 ,, ■( 
 
m 
 
 If 
 
 li 
 
 r- 
 
 
 Long "Did you get up those stores? Is everything all right? Are you sura 
 of that?" Spoke nearly as loud as now to Counsel. Williams, inside, told him 
 that he could heai* only the sound, not the words. Witness did not go in him- 
 self. Tliinks there was a giil washing things in the pantry. Everything hatl 
 been made as silent as possible intentionally. The waiters are all supposed to 
 be on duty at noon, lunch going on till two. There wore nine waiters and wit^ 
 ness in January. AH the waiters are in and out the glass pantiy from time to 
 time. There Is a girl whose business it is to be always there. Unless (<he wer« 
 absent on other business she would be there from 10 to 1. At lunch time (these 
 hours) the doors of the carving-i-oom and of the j)nntry should b© 6pen. The 
 door of the passage is opposite the pantry door. The other doors should also 
 be open, from the glass-room to the carving-room, and to the dining-room. The 
 stewai-d carved in slack times. The waiters dine in the carving room at tlieir 
 own table. The meats come from the kitchen to the carving- room. The head 
 of the stairs is between the carving-room door and the pantry door. Tliat place, 
 between 12 and 1, would bo secluded. Persons speaking there would not be neanl 
 in the pantrj'. Persons in the passage could not be seen from the pantry with the 
 door ten inches open. Not through the " crack" thus made. "Witness tried the 
 experiment yesterday. Tlie door should be opened nearly lialf. The door of the 
 pantry to the passage opens to the right going m ; to the left coming out. The place 
 for washing dishes (a sink) is right behind the door. It is not for washing hands. 
 Witness made this experiment before he was dismissed. The Hon. Mv. Cameron 
 tried it, too, and asked witness to try it. ,' i ' , .,i.V '.',„:'„, li 
 
 Ci'uss-examintd hi/ Mr. ffRdlbj — Did not suggest the experiment i6 jllr. 
 O'Farrell. The " disinterested party" witness sent in was Williams, who waits 
 on the Judge, llie "interest eel parties" arc the Counsel for the defence. Did 
 not himself suggest it in the first instance to anybody. Used the words "dis- 
 interested" from having read the nevvspajjer reports. Has 8?en many i^ersons 
 conversing in the passage. Never saw Doyle and Whelan ihere, nor in the 
 pantry. Saw them m the carving-room about five feet aVvay. Game to Ottawa 
 on 7th November. Came ^ith a joung man, James Fitzgerfld, another young 
 man, and witness'» family. Doyle was not with liim. Doyle came about the 
 13th November. Witness telegraphed to him that day. Witness lias been hei-e 
 without absence since November. Telegraphed also for Kinsella. This was 
 with the proprietor's consent. Thinks he has seen Mr. McGee here in Novem- 
 ber. When Doyle and Kinsella came up they stopjied a few days with Mrs. 
 McKenna. They afterwards went to board at witness's, and were boarding there 
 when Mr. McGee was killed. First knew Whelan in the fall of 186t. Had no 
 intimate acquaintance with him. Saw him half a dozen times at the Russell 
 House — more in company with Turner than anybody else. AJso with Doyle. 
 Tiuner was generally present when Doyle and Whelan were together. Tliis was 
 principally to the carving-room. Witness seiit many letters to the prisoners in 
 the gaol with his (Counsel's) permission. Has sent refreshments there. Would 
 eend anything a particular person wanted — not Whelan. Takes no great interest 
 in the trial. If he did ^vould not be liere. Has no prejudice regai-ding it. If 
 he had so on the Crown side he would be all right. 
 
 John Duggan sworn, and e:vamined by Mr. M. C. Cameron-:— Resides-. in 
 Montreal. Is an advocate there. Michael Duggan is his brother. [Mr. O'Reilly 
 here objected to a question as to whether witness ever said to his brother that 
 "two inside and two outside would be sufRcient." Mi*. M. C. Cameron proposed 
 to put the question to contradict the inference sought to be drawn from. 
 Wade's evidence. Hon. J. H. Cameron maintaini^i the same view, arguing that 
 the question •vyas legitimate. The Com-t allowed the question.] Witness never 
 told his brother anything about two outside and two inside being enou^jlipr 
 any tiling. Never llsed any such expression. ,■ 
 
 Oi-oss-examined by Mr. O'lidlli/ — Was not one of the Committee who ej 
 Mr. MciSee from the St. Patrick's Society. Did not assist in the expulsion. 
 
 James Fitzgerald sworn, and examined by Mr. M. C. Cameron — Has been a 
 waiter at the Russell for eight or nine nK)ntli8. Came there in Novehiber with 
 James Doran, head waiter, from Montrc-.l. Was discharged yesterday, he sup-- 
 
^^mrmman 
 
 poses, for having come to eOnrt to givb this eviclence. Witness askctl the reason 
 of his discharge. Mr. Gouin said, " Fitzgerftld, I have nothing against you, but 
 I ahi compelled to do so," Witness tried whether spealcing in the passage 
 cotufl be heard in the pantry. lie remained outside while Long was weshing 
 his hands. Voices must be veiy loud and plain (especially when the hot joints 
 surrounded by escaping steam, are in the carving-room) in the passage, to be 
 heard in the pantry. There are always waiters passing in and out of these pas- 
 sages and rooms. There is almost always a girl ih the pantry from morning to 
 night. Jantiaiy is not a very busy time. Tlip girl does not come down so- 
 eiwly, but her business there is the same. Lundh always goes on from noon ta 
 2.30 or 3 p. m. Has stopped three days in prisoner's house in Montreal. This 
 was the first time witness came to know him. Has seen him often in the Rug- 
 sell, enquiring for Turner, Doyle or Kinsella. ,' ,, 
 BicHAKD QuiNN swom, and examined by Mr. M. C. Cameron — Lives fnl 
 Ottawa. Has done so for ten years ahd some months. Knows th€- pri.soner. 
 Saw him at the House of Commons on the Monday night Mr. McGeo was shot. 
 Saw liim about 11 p. ni., standing up in the east galleiy, two or three seats from 
 the front. The gallery was crowded. Saw him ntext coming under the tower^ 
 as witness came out about 12. Prisoner was then returnitlg to the House. 
 Reuben Lawrence was with witness then. They hnd all been in the gallery to- 
 gether. Prisoner and witness were there when the House adjourned. Prisoner 
 walked down among the crowd before witness. There were about thirty people 
 in the gallery at adjournment. Saw prisoner last outside the House going 
 ^Btward. Witness went straight down. Withess lives next the theatre, nearly 
 dpposite the West Departmental Buildings. When witness got near the Western 
 block going home, he heai-d a noise as of a fire-crack er. Was then on the plank 
 sidewalk within the grounds. Left the gi'ounds by the west gate. Witness 
 observed two or three people before him, as he went out. There were jpersons 
 going along the walk before him going westerly. There were none behmd him 
 as he left the grounds. Knew nobody whom he saw leave by the west gate. 
 Had left Whelan behind. Is satisfied he was not one of these persons. One 
 party went down O'Connor street. Witness also was crharg^d With McGee's 
 death, was taken into custody and ^eased. Did not know Whelan till he came- 
 here. Knew him about thriee months before his arrest. Is ^ti^fied that the 
 noise he heard resembled the report of a fire-cracker. Witness was then 
 rteSAring the western block. Imagmed the noise to be somewhere near the- 
 theatre. 
 
 Ci'oss- examined hj Mr. O'Eeilhj— It was about 10 p. m. when witness 
 Went into the gallery that night. Did not see Whelan when he got there — hot 
 till nearly 10.45 p.m. Has knoAvn Reuben Lawrence smco he lias been in 
 Ottawa. He was one of the marehals on St. Patrick's Day with Whelan. Never 
 sftW him in company with Whelan. Lawrence came to the House With witness. 
 Witness heard that McGee was to speak tliat night. Heard it in the street 
 meeting many people going to the House. Lawrence kcei)S.a shop at the conier 
 of York and Sussex streets. Witness went to Lawrence's >)efore 10 p. m. Told 
 Lawrence he was inclined to go to the House. Would have gone whether JVIcGee 
 was to speak or not. Had heard that he Wduld do so. Heard it after nine. 
 ^Vlielan was standing north of witness and Lawrence when \rttttess first saw 
 Whelan. They were all standing up, not hstving been able to get seals, about 
 five or six feet from the front. "Whelan was teh or eleven feet from witness and. 
 Lawrence who were close together. Withess left the House about 12, and met 
 Wlielrin COtning in under the toWer. Spoke to him then. Bade each other good! 
 night. Did nx>t ask Ijawrence if he was going home. Asked them both if they 
 were not going in. Lawrence said he was going home, having to get up to work 
 eariy. Witness said to Whelan that he was returning. Did return in a few 
 moments, a few feet behind Whelan. Witness had occasion to go out. Whelan. 
 delayed a short time for Witness at the doOr. Had met him first at the buttress. 
 AVhelan remained inside the door for witness, who had told him he was going 
 back, and both went up to the gallery together. Lawrence had gone home. 
 Whelan got a seat, third from the front, when they went in. Witness stood up 
 
 
within two or thiop feot. Prisoner seemed to go off in a sort of slumber shortly 
 before the ac\journnient. Witneaa had got a seat before the adjournment. Witness 
 <loe8 not any prisoner was asleep, but drowsy, and seemed to slumber. Drowsy 
 is the woitl most njiplicable tlo was about twenty minutes di-owsy. [Mr. 
 O'Reilly here creatiKl a laugh by leading the witness to say that Whelan 
 " woke up " before the House ac^oumed, cliiming thence the admission 
 that prisoner hatl slept.] Witness was listening to the speeches, and was 
 to the left of prisoner. Witness was at the extreme left of the gallery. Prisoner 
 <!Ould not have left the galleiy without witness seeing him. He did not leave. 
 Prisoner was paying attention to the speeches, about 11, 12, and 1 o'clock, and 
 never left the gallery, nor his seat, between midnight and the adjournment. 
 Witness came down the stairs, and out of the porch about six feet behind pris- 
 oner. Witness did not see the latter lean against the porch and look towards 
 Buckley. Prisoner went out straight, di8apj)earing eastwai-d. Witness walked 
 at the ordinary pace, straight home. Did not leave instantly on the adjourn- 
 ment. Waited until a good many got out before him. Knows nothing at all of 
 what Downes says. Ileard of McGeo's murder at 6 . 30 or 7 a. m. next flay. 
 Went to see the body ; could not see it, but saw the blood. Enquired the par- 
 ticulars. Saw Whelan about noon that day in the house of witness's mother. 
 Whelan mentioned the arrest of his "boss." Witness asked him no questions 
 about the murder. There was notjiing strange in not liaving done so. Whelan 
 %va8 there some five or six seconds talking to witness's mother. Witness was 
 there, in the bar, wlien prisoner entered. It appeared that Peter Eagleson had 
 been arrested that tiay. Whelan said, " It's too bad about my boss being arrested 
 this morning." Witness's mother expressed much sui-prise at the arrest, and 
 said it was a cruel mui-dor of poor Mr. McGee. Whelan made some remark in 
 reply, witness cannot say what. Witness saw him no more. Prisoner took a 
 cigar and paid for it. 
 
 His Lordship here put a number of questions to the witness, relating to the 
 hour at which Mr. McG(^e spoke, and the time of witness leaving, the answers 
 to which were not easily caught in the gallery. It was understood, however, 
 that witness had left the house, the first time, almost immediately after Mi'. 
 McGee had sat down, and had seen Mr. McGee after he (witness) returned. He 
 did not see liim after the adjournment. There were several speeches after 
 witness went back, on Dr. Parker's motion. The speeches interested witness. 
 
 Cross-examination resumed — Never saw Wliolan's pistol. Whelan never told 
 him that he had a jiistol. Never spoke to him about a pistol. Did not see 
 Whelan again after leaving his mother's house, until he was arrested. Had no 
 ■conversation with Whelan then about the murder. Does not recollect prisoner's 
 remarks to Mi's. Quinn. Witness was then a member of the St. Patrick's 
 Society. Was there on the evenuig when Whelan was elected marnhal. Does 
 not know wlio proposed him. Witness was much interested in Mr. McGee's 
 byeech. Is a great admirer of Mr. McGee. Witness's mother takes the /rwft 
 People. Has been ten months in the States. 
 
 Jte-examined by Mr. M. C. Cameron — Had no reason to suspect Whelan from 
 rnything the latter said at his mother's He saw many people dozing in the 
 House. Thought it nothing remarkable to see people slumbering there. Is 
 <juite certain prisoner was there and left as witness has represented. 
 
 Patijick Quinx sworn, and examined by Mr. M. C. Cameron — Is a brother of 
 last witness. Lives with his brother next the theatre. Was out till eleven 
 o'clock on the night of Mr. McGee's death. His brother was out that night — 
 witness believes at the House of Commons. He returned after two o'clock. 
 Witness had been aroused by his dog barkuig and noted the time. Saw his 
 bx'other after he returned. 
 
 Alfued Brown sworn, and examined by Mr. M. C.Cameron — Lives adjoining 
 Desbarats' block. The first archway east of the block is between witness's premises 
 and Dr. Brown's. There is a gate to the archway, and two posts in front. The 
 posts are now (x$ they were in April last. The gate of the archway is kept shut 
 and fastened. Witness's men L«<I orders to keep it shut. The gate leatl into 
 witness's yai-d, wliich is closed behind bjf a shed. There is no egress behind, 
 
iinlesa over tTie top of fheVliwl. V^tinHn'i cferlin were I?6T>6rt and I)nvul M»- 
 Killar. They are now in Nepenn. Witness has no recollection of the gates 
 (there is a small door in the large gate) that night. It was not witness's hahit 
 to look to the gates, except in tlie boy's absence. Witness loft it to thorn to 
 Bee to this duty. ...Mii.J(, 
 
 To Hon. J. 11. Cambrov — BeUeves the gates were shut that night. Has no 
 reason to suppose othenvise. 
 
 The Hon. J. H Cameron hero addressed the Court stating that the defence 
 hc<i but one more r.'itness which they proposed calling — except one which they 
 might or might not use as they should determine later. This witness had been 
 sent for, but had not yet arrived, having unfortunately miised the train, and. 
 being incapable of arriving before that evening or next morning. They had had 
 a telegmm from him at Cobourg, saying he was coming on. Under these cir- 
 cumstances Counsel asked the postponement of the further hearing of the case- 
 to the following day. ./r • ' 
 
 His Lordship enquiring as to the particulars of the exjjocted testiriiony, 
 *'• Mr. M. C. Cameron read an affidavit of Mr. O'Fnrrell s, affirming that this 
 witness Mitchell, had been al)sent in Cincinnati at the commencement of the • 
 trial, and had been summoned thence for the defence, to give evidence, for 
 which he is now on his way, having reached Toronto yesterday. 
 
 Mr. O'Reilly asked whether any steps had been taken to secure the attend- 
 ance cf this witness before the trial commenced. 
 
 Mr, M. C. Cameron replied that the defence were not fnen aware of the 
 importance of his testimony. Much of the evidence for the C rown, and all that 
 given by Wade, had taken them by surprise^ and they could not tell until the 
 case had made some progress, of the necessity for. the attendance even of tlie 
 witnesses they had brought from Montreal. " '' , * 
 
 His Loitlship doubted the reasonableness or propriety of delaying tlie case 
 from df,y to day as witnesses might be said to be needed. 
 
 ■■' Hon. J. H. Cameron urged the unfairness to the prisoner of his being.com- 
 'pelled to go on with his defence, in a case where his life was at stake, under the 
 deprivation of the assistance of material testimony which the course of the pro- 
 secution had made it impossible to procure earlier. 
 
 Mr. M. C. Cameron would have much preferred having been sufficientlj' aware 
 of the line to be taken by the Crown in time to have applied for a postpone- 
 ment of the whole trial. It would have been far more to the advantage of tlie 
 defence, and might have given time for th.i popular prejudice, which now ran 
 so strongly against the prisoner, to subside. 
 
 His Lordship finally consented to the adjournment, upon an affidant being 
 filed to the effect that Mitchell's evidence was considered requisite, and that his 
 presence was expected in court tomorrow. 
 
 Hon. J. H. Cameron undertook to supply such an affidavit, believing from 
 his instructions in the necessity for Mitchell's presence. 
 
 Hon. J. H. Cameron, with the consent of the Crown, then applied for per- 
 mission for the jury to examine the locality of the murder, and familiarize them- 
 selves afresh with the topography referred to so much in evidence. He read from 
 the act shewing the Judge's powers to grant such permission, and stated that 
 the defence and Mr. O'Reilly had agreed to let the jury go under the guidiince 
 of Jir. Geo. Kennedy and the Sheriff, whose duty it would be to see thit their 
 visit was used only for the purpose stated. 
 
 His Lordship consented, and it was understood that the jury were, to go 
 after they had dined. 
 
 After an adjournment for this purpose, Mr. O'Reilly addressed the Court, 
 intimating that he found by the second aflSdavit of Mr. O'Farrell that the evi- 
 dence expected from Mitchell relate<l to the conversation between Doyle and 
 Whelan, overheard by Hess and Cullen. Under these circumstances he would 
 make no opposition on behalf of the Crown to the proposal for adjournment. 
 
 The Court, while consenting to an application to which the Crown had 
 agreed, desired to express the opinion that these adjournments were xmdesimble, , 
 and established a very doubtful precedent. . m . , . <• . > y - 
 
i! 
 
 62 
 
 *' t . 
 
 HI 
 
 The ciirto was thon foruially mljournoU, a\v\ the prusonor roiuoved, wliile tho 
 Jury went to view tlitv Hcono of tho crimo. lion. J. 11. Cunioron undertook to 
 cxaniino no othor witness tlwn Mitchell (if tho Crown should ohjoot,) with 
 wliom ho would confor hnniediivtcly on urrivul, and ascertain whether hi» testi- 
 mony woro really of importunco. \^^ 
 
 x*« -.. Satprday, 12th September, 1868. 
 
 WiLMAM MiTcirei.r, sworn, and examined hy Mr. M. 0. Cameron. — Lives m 
 Toronto. Him juxt now como from Cincinnati. Was in Ottawa at tlie time of 
 Mr. McGee'.s dtuith, working at hia tra<,lo aa cahinet-niaker. lias beon 18 or 2U 
 years in Canadiv, living cliieny in Toi-onto, and lias been conductor on tho Grand 
 Trunk Railway. lias also Iboen employed on the Northern Railway. Was 
 arrested in Ottawa after McGee's death. Did not know upon what charge imtil 
 committed. Found thmi that it was on a cliargo of Feniamsm. Was ui jail about 
 two W(>eks, and then diiichiirgod. In jail lieanl a conversation between Doyle 
 and Whelan. That was on tho day tho prisoner came from tho Court House. 
 After tho man from Montreal (Turner) liad appwvred against him thore. Doyle 
 and prisoner were in the corridor next witnosB. Cannot say whether they were 
 locked up or not. It was p,^iU', six o'clock tlyit witness heivrd tho conversation. 
 AVitness was close to tho gi^to of hia oorriaor, aijfl could hear tlistinctly W^t 
 was being said in tho other^ from whicli witness's ^(O^ition wHiB ,no,t far ilistnnt. 
 Did not see prisoner's corridor. lias fieen Doyle m prison, a^d mispner on 
 the day ho was arrt^sted. Doyle was in company with witness (in jail) for about 
 four hours, they bt>ing brought down together. Witness was not in a cell but 
 in the corridor, near tlie gate, when ho heai-d tho conversation. Knew Doyle's 
 and prisoner's voice well. Doylo asked prisoner how ho got on t^..iday. 
 I'risoner replied, " Damned bail ; " that fellow from Montreiu (Turner) sworo 
 damned hard against him. lie (prisoner) said ho did not care a damn, hp^yevel•, 
 60 long as he got a fair trial. Doyle aakcd what they could do to him. Prisoner 
 said — nothing ; that Doylo need not fear, he had pnly tp keep (juiot and he 
 would bo sal'o. Then Slattory, who was confined in tho sume corridor with 
 witness, asked prisoner the same question, as to how he got on that day. 
 "Whelan made the same reply as to Doylo. Whelan then askod Slattery who 
 was in along with him. Slattery said a man named Mitch< U was. Whelan 
 
 said, " Poor b r.'' Whelan after that, whistled and sung a little. The 
 
 conversation lasted ton or twelve minutes. Cert^iinly was not prolonged for 
 
 three hours. WTieLm never said he had shot McQee like a dog, nor anything 
 
 . like it. Could not have said it without witness hearing it. Saicf nothing ^bout 
 
 .Turner except what witness haastatjed. Witness had taken tho oath of aUegianco 
 
 Immediately on leaving the Northern Railway. Was discharged upon the 
 
 grounds that he had rcifused to take it as a means of retaining his situation. It 
 
 liappeued thus : When tjxe Fenian disturbance arose there was i^ cry raised by 
 
 'the employes away in camp.^gflin^t the Catholic employes. Thpforpn^rdemandetl 
 
 the dismi*jsal of the latter;, u^;^ which were complied with> t^ey would not 
 
 go to work on their return. Tbo manager, Air. Cumberland^ refused to accede to 
 
 this, but suggested, to tnaJkc tlii^igs etisy, that all the employes should tjike the 
 
 bath of allegiance. Witn<?ss declined to do this upon such compulsion. Would 
 
 have taken the path willingly at the suggestioiis of the Directoj^s or Superin- 
 
 • ^tendent, but not a$ ^ mi6£«is pf keeping his situation, and u|Km intimidation 
 ^ ty his fellow workmen. Was dismissed in consequence of \m rpfuaal. Went 
 , the foUovying day ; before M^-. J^o^ter, a n^adstrate, arid took tli,e, pftiili tp show 
 
 ,. 'that he was actuated by no sentiment of disloyalty. Went bftck to the Bail^yay 
 
 * station and told what hiQ lu>4 flone, when J^r^ CJumbepland , ^4 t^at he irfiould 
 ■n have done ^ beforei and so k^ptj )Ws pii)ice. ; Wlt^eaa would not, however, 6ub- 
 
 init to>^^^,(^^9n, ^4^e?^p.tet|:, ^^ ^^^imm9miy\s^^ BftPS jWft QICNWU- 
 
 I Ur6s9-exq,miw,(lt "ky jjff. O'^oZ^— Witness was atjvn^g i^ear,t^ corridor 
 
 rgatoDjtw^e^ five and, six when hie h^ard, tljis cpnv«r§^tipn. !Wt>8 looked. up in 
 hia cell fti, six, i>ld not heai- any (ionypraatipn wliile jjh hiS; oelL SlaAt^^ was 
 with witness in his corridor. Whelaa was in tijio adjoining corridor. Hoard pri- 
 
C3 
 
 Honor singing nfter the convpisatintj, Doo« not recollect wli.it he \va:4 singing. 
 Nothing Ukc this, 
 
 " With tho ^ flntodt of rIoo 
 **'• I henni of lie mnnlor of D'Arey McOoo." i4 
 
 flo (li'l not sing or whlstlo tho "Woaru.g of tho firoon." Did not choor htm. 
 Ilonrd othor inisoncra cheer hitn. U certain Wh(^lan never usefl Huch v;o.d8 as 
 tlioso of tho couplet in witness's Itcnring. Witness went Inst to Cincinnati to worlc 
 at his trade there two weeks ago. Ilounl of tho trial first by telegraph from Mr. 
 O'Donoghue of Toronto. That was on Tuesday night. Tho telegraph told wit- 
 ness to conio up from Cincinnati to Ottawa to givo evidence — all his travelling 
 expenses paid. Witness should have lel^ Toronto on Tiiosday night, but missed 
 tlie train, and <Jid not leave till Friday morning. Saw no one witness knew at 
 Prescott. PidnotseeMr. O'Farrell tliere. MethimatKemptvillo; Mr. (>' Farrell 
 returnin;; to Ottawa with witness. Met young Egleson also. Ho returned too. 
 Is positive tho conversation took place between tivo or six. Prisoners were all 
 loAed up Immediately after. [Mr. (J'Keilly hero conferred with Detective Cul- 
 len.] Supposes it was about 5-3U p. m. [Witness hero repeated his former stato- 
 ipent of his position at tho time.) 
 
 To TiU3 CocuT — Witness thinks his cell was tho fourth or fifth from tho gate. 
 Slattery's was the first or second. . 
 
 Hon. J. n. C.vMEROx — That is tho case for the defence, my Lord. v 
 
 a) lielmtting Testimony. i> 
 
 Mr. O'Keilly then called witnesses to rebut the evidence for the defence. 
 ' Alexavdrb PoWEMi sworn — Is Governor of tho gaol hero. Itecollects the 
 evening of the l6th April. Locked up the prisoners at .0-30 that evening. This 
 was half an hour earlier than usual, because witness intended placing iTess and 
 CuUen in the other corricor. The last witness was among those locked up. Kept 
 no memorandum of the fact. Mitchell had been locked vtp before Hess and 
 Cullen were stationed. That was at 5-30. 
 
 Cross-examined by Mr. M. C. Cameron — The prisoner had been some time 
 back from the Court House before Cullen and Hess were stationed. Witness 
 went in with the latter. The other corridor had been locked then. The turn- 
 keys locked it. There were only two in Whelan's con-idor, and four or five in 
 the other. Of these Mitchell and Slattcry were two. Witness had some con- 
 versation with them. Therefore recollects them. Does not remember what 
 the conversation was. Witness said, "(lood evening, Mitchell; good evening, 
 Slattery." It was McEwen and Nihil who locked tho corridor. Is certain tho 
 corridor was locked up before Hess and Cullen were posted. Had intentionally 
 locked the corridor early, because witness had other business to attend to. 
 There is no regulation as to the hours of locking up beyond witness's pleasure, 
 ^he corridors were never locked up before six On any other occasion. Prisoners 
 in the corridor of Mitchell could hear footsteps in the other. Tlie plan was all 
 witness's ovm. The Sheriff knew nothing at all about it until a week after. 
 Means that ho liad hocn carrying out this plan of detection for a week before. 
 The Sheriff knew of it first this day when he took down Cullen and Hess's 
 testin^ony. The idea was exclusively witness's own. This occasion in question was 
 the only one witness had b6en there himself. Hess had been there frequently 
 before, and witness desired Cullen's testiinony to strengthen Hess's. Hess and 
 ^vitness had previously heard Whelan singing : 
 
 "It was wi*h tho greatest of glco, 
 I heard of the death of tho bloody traitor, 
 D'Arey McGeo, 
 D'Arey McGce." 
 
 The witness delivered the words of this ditty in recitative. 
 Also heard him say or sing : 
 
 " I furnished my hovise, nnd they took me to gaol, 
 Bat tho bloody villains will haTo brown beer to drink. 
 
 ■ -iii- 
 .■r4 
 
 - - w^- ■ 
 
 \,\., AVitnes$ mfule a memorandum of this 
 ttuced by Mr. O'Eeilly, and read by Mr. 
 
 circumstance. [Memorandum pro- 
 M. C. Cameron.] The words ran in 
 
64 
 
 doggerel iJ)out sweet McKenzie furnishing a house nice nnd fine, the fnfoimer 
 getting down ale to drink, and Mary considering prisoner a broth of n boy. 
 AIpo about " glee " and '• AJcGee," as before. There were other conversations 
 which witness and Iless also overheard. Did not get Cullen to overhear thena, 
 not thinking them of much importance. Ciot Cullen first because lie wished 
 him to interpret some Iriali songs. Tlie voice of Slattery or Mitchell cned 
 '* brr-vo " to the songs. [Another memorandum here hande<l in by Mr. O'Eeilly, 
 and read l,\v Mr. M. C Cameron. Tins second was taken down by witness, and 
 contxiine'i snatches of conversation, not ^ ,ry clearly attributed to any body in 
 particular, but presumedly between VVhelan and Doyle, in which the former 
 coi.iforted the latter. Siud thf.t Peter Eagleson would provide for Doyle's 
 famiIJ^ That he v.ould see to that. Eagleson \vas going to Montreal, and \vouItl 
 et $1,CKX) from -oniebody. That it was a damned strong old gaol, but that 
 \ helan could easily get out if he liked. That he would have thrown away the 
 pistol if he had any suspicion ; and that there would have been none but for 
 the little black fellow along with the c*her.] Witness repeat' dly affirmed that 
 the listening to the prisoner's convarsatirn, about the corridors, vras entirely 
 his own idea, and not suggested by any other person whatever. It was not to 
 corroborate himself he brought in Cullen, but to interpret some Irish songs 
 (Cullen's father had known I.ish) from which witness thought soriiethii.g of im- 
 portance might be gleaned. 
 
 {Reexamination) — Mr. O'Eeilli/ — Wliat McKenzie is that alluded to. He is 
 not the learned counsel iiere ? (laughter.) 
 
 Witness— Certa' ily ; did not think so. (Laughter.) Thought it was on 
 the day that W^helan was examined in the Court House tlmt Cullen and Hess 
 Here placed in the corridor to listen, but was not positive. Had commenced to 
 watch prisoner's conversation himi:elf for a week or more before that. Believes 
 that the Sheriff liad taken down statements made by Cullen and Hess imme- 
 diately ai'ter they left the con-id or. 
 
 Wm. McEwex is turnlcey in the gaol. Remembers tlie night when Cullen 
 and Hess went into the corridor. Locked up the prisoners that iivj , bout halt 
 past five o'clock. 
 
 To IIox. J. 11. Camerov — Could not say particularly when prisoner was re- 
 turned to gaol that day. Thought it was a considerable. tiiAJe, before Cullen antl 
 Hess went into the corridor. "'ii'" .-,.)' ". ,. 
 
 Wm. II. Falls sworn — Went to the Kusseli House yesterday to ascertain 
 whether conversation could be heai-d in low tones in the passage oi the Russell 
 House from the glass pantiy. Went with Detective Cullen and Mr. Dawson. 
 Witness went into the glass pantry and coriimenced to wash his liands, turning 
 the water on the sink. Detective Cullen spoke to Mr. Burnham outside in a 
 low tone, and witness heard him distinctly. Ccuid see through the opening in 
 the door who were in the passage. The door w?s open about i« mches. 
 
 To Mr. M. C. Camekon — Did not try the expenment at tAH inches. Did not 
 place the door himself. It was Detective Cullen who di<l so. Cullen said, 
 " DoyL said lO Whelan, have you been up to D'Arcy's. Whelan said yes, and 
 "liis bastard of a brc 'e;* locked the door and put the key in his pocket." 
 When washing his head was pbout a foot from the door. Supposed the parties 
 standing m the passage would obstruct it. 
 
 Detective Ccllen sworn — Was up yesterdy at the Russell House with th^- 
 last witness, whom with two others, he placed outside the pantry door saying, 
 " You are now Whelan and Doyle for tlie time being." Witness then went into- 
 the pantry to wash h:s hands, representing Turner Kept tho door open by a 
 broom about 15 or IS inches. Witness then came out and spoke to the gen- 
 tleman with him — both being outside, and the hist witness liaving gone inside, 
 witness said in a low toi.e, '* Doyle a8ke<l Whelan if he was at McGee's that 
 night. Whelan said ve" — that bastartl of a brother of his locked the door." 
 Witness then entered the glas.? pantry a second time, when last witness told 
 him what had been said outside. The sink for wnshing is 12 inches from 
 the door, to which anybwly washing his hands would lean. Such a person could 
 8v e aiiybody in the passjigc; night or day. There were girls going m and out of 
 
 m 
 
He is 
 
 til* pantfy.' Whilfe 'the l«Bt wiine&s Ws Tisiiehing' the water was running ant/ 
 making consideraVjle noise.- 
 
 :^''^ C'rd».1-ei6Miiikd by JBI^. if. C. Vameton—'Enteted the pantry ft-om the dining- 
 room for a short cut, Came out the same way. When witness entered the 
 pttttfcrf hid fl*e(t th^ door at the opening he ddsired, placed th^ l^bom to mark 
 th« Bprtcfe, went ottt thrdiigh tlie same door tb the i^assago^ and thein closoct the 
 door ftgaitlSt the brooiili ('rtrtnot explain why he' selected 1 .5 or 18 iribhe.s as tli« 
 6pe«lng. • HH<i= not? ndtiekl that Tttrnef hhd spoken of ten inches. "Tlie wider 
 the opening the larger would be the " crack." Witnesri spoke untlsuallv low 
 and.stjood eidoways, rfbout two foet from the door, with liis face toward and near 
 the larger opening. The gf^ntleman ^^^i,th him st^ood looking at witness in the 
 faco. They two tilled up the doorway, whieVi is about 3.^ feet wide. Witness 
 had pliKied the broom so that no pere6n insid* could close the door tighter or 
 t*y.any experiment with it. r , > 
 
 . Sli.AS BulRNHAM sworn-^Was one (rf thC5e who accompanied C^Hen to the 
 Biisaell House. Witness and Oullen stood outside in the passage' while Mr. 
 Falls was inside washing his haaic's. Witness and Cullen stoo«i two feet fV^*... 
 th© door; which was twelve or ei^teen inches open. Falls was about a 
 foot from the door, inside. Witness stood with his bade to the stairs, rather 
 behind the craek.( Witness then detailed the remarks made by Cullen to him 
 as given by the former. . 
 
 Oross-exmitined by Mr M. C. CaOT«-o?i-»— Witness said to Cullen the words, 
 <' What did he say ?" These were the only words used. He spoke them low. 
 Gullen always speaks slowly and distinctly. Witness afterwaixis went into the 
 pantry himself, and listened to Falls and Bawson speaking. Hieard all that was 
 Kiid. Does not think he and Gullen were obstructing either door. Did not 
 mOve the door at all to try experiments; Does not know whether ' a person in- 
 Bide'could be sreen from the outsider Thinks if that door were; to be oj^ened 
 ii, iesn inches, a^ person inside cotiM see out. Witness did not see any broom. 
 
 I ' Edwarp J". O'Neil sworn — It wa& 3 a., m. of the 7th April when wtn^ess came 
 to Trottefs, where the body of Mr. MdGee was lying, pinard came for liim. 
 There was a gateway near Trotter's. . : • 
 
 : Mb, M, O, CamkWon here took objection to this evidence, upon which the 
 dfeifertceihad:evide«ce to offer also. This of O'Neill'* was properly evidence irf 
 
 chief.: r/«V.' ' ■ 'f'i ■.-'>'"■ ■''■ '.:(■' '11 
 
 Ho}^. J; H. GAimRoin argued in favor of the ' objection. Tlie defence hckl 
 Consent^ On the previous day to examine no other ' witness but Mitchell, 
 although having subpoenaed Brown's two clerks to pi-ove their point. Thefee 
 young men had been brought in from the country, and were in court that 
 morning, but liad not been called because the Crown had exacted this (J. H. 
 Cameron' s) premise (that Mitchell shoiild be his lafcti witness) as a condition of 
 assenting td the adjournment of Fiiday. If the- Crown' had given any warning of 
 its intention to call eviddnc* on the point, the defence would have, as of course, 
 oflRered thdh tastimony upon it. Finally, Mr. Cameron forhially objected that 
 tfee evidence sought to be now put in was evidence in chief, and could not be 
 Offered at/ that stage. 
 
 Mk. O'ReiIj.y oonceding -to the point, 0'^feil wsw told toiBtan»t dovm. 
 >■■•> Dkv Hilt, sworn — ^Is consulting physician to Protestant Hospital. The girl 
 a* SbAn-'s (Lafbrce) Was rebeiV^ed into the Nunnery HoEpital Ota. 19th February, 
 suffering ft-^m a, gunehdt w6«nd. • ' > i •'■nii' ti , ■;.; 
 
 'Daniici, Buck EWom.—^Kad boarded ait the Hfevcfe '&km^. (Ktiefw* Turtl^l', 
 who was headiWah*t"th>erp in A^rih 'lifecollBets the dtiyof Mr; McGee's dfeath. 
 Se£wTurn'>r at the Revere Home that' day between 12 and 1 o'clock. Hewtts 
 then attending to Mh duties. Witness had also seen him ea*ly that molming, 
 ilbout»»vdn. Saw him' a^in Uter on ii the afternoon' of tha*' day. ' '- ' 
 
 To Hon. J.! H. OxntiROW.— Tlwifwds-on'tHe Tvioiday* letiw hiiw At thtt house 
 bnWiadneadajf, Thersdayaftirt Friday also. '1 
 
 I . ' W. H. S;«?5(}Rtt' ftWoni.-*-Ife one of the proprietors of the Revere Ho«fe»i. Tuni'er 
 wwheadiWait**' ther** at t)i*' time of M<i< Jee's assaieinationt Recoll^ts Tu^efiday 
 1th, atet Wddiw«a«y «thj of Af^il. It wus d^imer's duty t» be in th« hotel on 
 
 
w 
 
 i 
 
 Monday, 14th September, J868. > 
 
 those days between 12 ar.^ 2. Will not swear that he was there »t those hours. 
 Work would not be over until between 2 and 3 p. ni. 
 
 To Hon. J. II, Camerox. — Will not swear that Turner might not have been 
 away within these hours. 
 
 This closed the evidence upon both sides. Mr. J. II. Cameron was preparing 
 to address the jury, when one of them expressed a wish to retire. Mr. Came- 
 ron then suggested the retirement of the wliole body for refreshment, so that 
 the addresses of Counsel might l)e secured from interruption. This was agreed 
 to and the juiy accordingly retired, j , ^ •• ;^^, ^^ 
 
 ^m-»imm^;^^W^^^- Address for the Defence,. 
 
 ■1. At thirty-five minutes past nine, amid a breathless silence and universally 
 strained attention, Hon. J. H. Cameron rose to address the Jury for the defence. 
 Commencing — " May it please your Lordship : Gentlemen of the Jury : I have 
 never presumed to address a jury in the whole course of my long and varied 
 experience at the bar, upon any case regarding which 1 felt so deep and so 
 solemn a responsibility as the case upon which I am now about to address ycmt- 
 selves," A great crime, he continued, an undoubted crime, had been commit- 
 ted, ft noble name had been blotted fiom out the roll of the living, the name of 
 a great man who had set a grand exami)le by his wise and patriotic counsels to 
 liis countrymen. TL.e country had showed its gratitude to him who had thus 
 fallen by its stem demand for atonement for the crime, and had, by the almost 
 unanimous shout of its press and people pronounced the prisoner at the bar 
 Guilty ! He could not, therefore, but be deeply sensible of the great respon- 
 sibility devolving upon him, and the gentlemen who were acting with him, in 
 examining into the circumstances of the crime. The Crown had, undoubtedly, 
 every right to examine into every motive which could have actuated the 
 prisoner to its commission. They (the Counsel for the defence) had felt th*t 
 never, in so great a case, luid a prisoner come to his trial, for life or death, 
 under cu'oumstances so unfairly arrayed in prejudice against him. There had 
 been, as he had just stilted, a shout ringing through the length and breadth of 
 the land, proclaiming, that the prisoner must be guilty, before anything 
 whatever hsui been adducctl in evidence against him. it was an old truth, 
 dwelt upon immemorially alike by Judges and by Counsel for the Crown, that 
 juries should come to the consideration of the cases with whose issue they were 
 charged, with minds wholly unprejudiced, and with no man among them biassed 
 by anything which might have beeft said on either side outside. They (the jury) 
 could themselves determine, because they were intelligent, how far that 
 principle had been acted on here — how far the case of the prisoner at the bar liad 
 been freed from . such influences as could be brought to bear against him from 
 the clamour of the press and people. The press had been filled with comments 
 upon the course taken in the prosecution of this trial, and the just practice of the 
 Court wliich enabled them, (thedefettce) to ex(;lude the presence of witnesses from 
 the coui't room, had become practically valueless, because the newspapers had, 
 tlay by dny, reported fully everything that had been offered in testimony almost 
 as soon as the evidence had been taken. Therefore, and for all these reasons, 
 was it that he stood there impressed with the solemn responsibility Of his 
 jwsition in pleading the cause which did not, .just then, find favour with the 
 multitude. The Counsel for that cause had been violently interfered with, their 
 lives hftd been actually threatened, and anything that could be suggnsteil by 
 popular resentment hat! been brought into play 10 prejudice the cause jot'tlie 
 loftn who was now on trial for life or death ! It was not, however, upon him the 
 advocate, QP up^>n His Lordship the Judge, but upon them, the Jury, that the 
 responsi jility of the issue weighed ,rao»t l»eavily. It Imd been said, and well 
 said, itt' language which admitted of no doubt, tliat it was impossible for any 
 man to secure a clear defence, unless hia case were to be tried by a fair and 
 impartial, jury ; unless, too, those who were to act in his defence were perDaitted 
 to pursue their course without ofv^lement or coercion, and it would ill become 
 those who were tlie leaders of the bar if they wore to allow themselves to 
 
07 
 
 swerve from tlio high duties of their prdfession, arid frpm their Confecientiojld 
 and fearless discliarge, under the intimidating influences exerted either through, 
 the angry frowns of power or through the less definite rage, and, perhaps, 
 madness of the people. Advocates had certain obligations to bind tnem. me ' 
 definition of which he would read to them from onfe of the greatest of legal 
 authorities, so that it might go forth through th(^, public press, that men in his 
 (Counsel's) station had no option but to give thei" services whore they might be 
 required. Wh^t would have been the result if, v^hen the prisoner demanded 
 his (Mr. Cameron's) services in his behalf, as thd services of one ppon whom 
 people are pleased to look as a leader of the bar of Upper Canada, ho liad 
 thought proper to decline his advocacy, and had so — in as far as he could effect' 
 it — prejudiced the prisoner still further, were it possible, in the estimation of the 
 
 Eublic. Had he (Mr. Cameron) thus withheld his services, he would have proved." 
 imself unworthy of the position wliich he held, and a craven to the profession to 
 which he belonged. [Mr. CamerOn then read from authorities passages defining 
 the position of advocates, from which it seemed that the duty of defending the 
 accused is to be held among the most sacred duties of the bar, from which they 
 must not be swerved by any personal passion, and in wliich tliey must be influenced, 
 by no popular outcry. Advocates were not to be deterred from the fulfihiient 
 of their obligation by any hesitancy at being mixed up momentarily with the 
 prisoner, or even confounded momentarily with the crime. Tliey were not to 
 tremble at the dread of misrepresentation, or at the frowns of jiower. They were, 
 not unfrequently, called upon to defend — not so much the accused as the posi- 
 tion of the defender, and that they must unflinchingly guaixl from being in any 
 case tampered with. If to any such weaknesses they were to sacrifice the prisoner 
 whom tliey should defend they would be equally guilty before man and before 
 God. The num who took upon himself these obligations of a barrister, that he 
 would refuse to defend none by whom he might be called uj)on under influences 
 of favour or of fear, would, in his base subserviency to the varying and unstable 
 breath of popular outcry, cease to enjoy, and deserve to forfeit, the rights of the 
 bar which he had dishonored. Take the opposite case. If the man upon his trial 
 were one in whose favour popular opinion ran high, how glad would any one be 
 to undertake his cause 1 And if it were well to defend a man vtho asserted his 
 innocence in one case, it was surely well to do so in another. In the present, 
 the press, which was so mighty a power for good or for evil, had, as it had often 
 done before, forgotten for a moment its own glorious mission, and had endea- 
 vored — perhaps indeed, involuntarily and unknowingly — to diffuse among the 
 community, sentiments adverse to the prisoner, whifth it had been the duty of 
 both journals and of people to have reserved for his conviction. When the 
 prisoner at the bar had luid all these influences to contend with, it became' 
 mipossible for jury and for Counsel not to feel deeply the gravity of the case, 
 and for the former to be unconscious that they must come to its consideration With 
 minds open to every argument, and with a sense that not merely the life of the 
 prisoner hung upon their deliberations, but that in their instances, as in that of 
 so many other juries, were mingled with their verdict, the gi-eat interests 
 of justice dependent upon their order as one of the great guardians of the public 
 liberties. So much then depended upon their voice that they must pardon him 
 for making these preliminary remarks at leng,th, and for maintaining the 
 necessity of their coming unprejudiced to their deliberations. They were called 
 upon to recollect that, although a great crime had been committed and must' 
 be atoned for, yet that the law demanded justice, not ve'ngeahce — the life of a' 
 mminal, not the death of a victim. Tui-ning from these observations upon the' 
 position of Counsel and of jury, he had to refer to those which liad been made,' 
 upon the management of the case throughout. When it had been said in (h6 
 public press that the advisers of the Crown had been unwise in leaving thi*' 
 exclusively in the hands of his learned friend, who was a comparatively young 
 member of the bar, he felt called upon to express Mk contrary opinion. And; 
 he said that the Crown, in its selection of an advocate, had acted wisely and 
 well, for that no one could possibly hft\e acted throughout with gre»iter judg- 
 ment and discretion, both with regaixl to the prisoner and theCrowh, than had' 
 
 6» 
 
e^ 
 
 thfi, prosecuting Goimscl, whose comparative novelty to the bar proved no 
 (iTOVt^back to hisjejtecient conduct. This much he said because he felt it due to 
 the able Counsel vvb(j> opposed hiin, and because it had been said, without founr 
 elation, that the/Cl?pwn &id not given to the latter the amount of assistance he 
 hatcl ^easop to rety upon. Such assistance, had it been offered, could liav© 
 proven of no really material value, and would have only beep etf'ective in. 
 robbing his learricd friend of the meritect reputation wjiich liis conduct of the 
 cause Jifid earneU,, The Cro^yh had been compelled (from its stand point to 
 endeavour to attribute to llio prisoner certsim motives inductive of his. 
 avjilt, and to trace his action for souie time previous to the cj-ime, in tho 
 light of the suggestion of certain princijjles which it had fotmd it l>ecessary te^ 
 attribute to him in ordetr to bring liome the charge upon which the i>risoner 
 had, been indicted. It was admitted that tlie latter had no porsoi^al smimosity 
 against, or even ,kuowl6clge of, thfi deceased, and to supply the omission of th.e^ 
 inference of ordinary ihotive, the Crcjwn liad stated that it would bring grounds, 
 to shew that the case was fixr removed from the ca^v'gory of ordinary murders. 
 That it was in fact an instance of political assassination^ resulting from the 
 unmeasured and uncontrolled fanatical liatred of a faction — he might say a. 
 fraction — of t^e community, to whom, upon public grounds, themumered gen- 
 tleman had made himself fatally distasteful. The Counsel for the Crown had. 
 made this statefnent, in opening the case, fiom his instructions, and as a state- 
 ment of something whicli he was prepared t • i establish in evidence, as a proof of 
 the prisoner's niotives. They had been told of the existence of a conspiracy, and 
 that lots had been cast, by which arbitration it had devolved upon the liiisoner 
 to execute the fiat of the council. lie would read an extract from his leained 
 fviond's speech iipon this point: 
 
 " K would be proved that in November, or perhai^s in Qctobcr, he had pur- 
 chased a pistol, with wliich he liad practised shooting, and, if tlie evidence which 
 he would adduce >vere tru' , he became undoubtedly an accomplished shot. It 
 Vrould be proved also that at meetings held shortly before tlus occurrence at 
 the house, of a party ^h lliontreal, where prisoner or some of his intimate asso- 
 ciates, resortJed, one of tlie parties present had addressed prisoner by the name 
 of &illivah, saying 'Sullivan is 'the man to do the deed.' " 
 
 Tlie.se werb the words in wliich hip le^rjied friend had addressed them at 
 the outset— in the Oldening speech---iil\Vhi(Jh he had traced what he declared. 
 to have been the (iourse oi the, prisoiier from the July preceding the 
 moment of the tragedy. The question for them to determine was — did. 
 the evidence bear out these statements, and did it establish the motives, 
 ascribed ? fot* although not exactly what the jury had to devote their main. 
 g,ttention to. yet the existence of such imputed motives could not but 
 forkn a lai-ge portion of their enquiry. It was always admitted that such, 
 evidence of motive foiined a considerable consideration in attributing the guilt 
 of a crime. They Were told, and they knew from what passed in the world out- 
 side, and ^yhicli they cOuld nOt ignore, that the association wliich was knowix 
 iuider t]^ naflfie of Fehianism, hskj pursued its criminal and detestable machin- 
 ations by the destruction, in various quarters of the world, of parsons belonging, 
 to the Queen's service, and even of the Queen's family. It was said that this, 
 deed of assassihati^ had resulted from the conspiracy of such an associatioii, 
 bpoaUse ho other motives cduM be assigned for its perpetration, but, althougli 
 the workings of tl^is l*ehian conspiracy were notorious from the news of the 
 events of the world outsfde, and although hints of its suggestion had beea 
 offered here, no evid^iicfe coniiectinff.the crime in any way whatever with sutih 
 Ql^animtTonhM hoen ftddilced, and allhough their minds might be filled with, 
 fear fill accounts of the inaqhinatiQns of such an engine of disloyalty, tl^ey must. 
 not allow their judgment to be ihnuencjed a^gain&t the |)xi8ohipir. except, from the.' 
 facts of evidence, 'a,nd unless such lacts, were niiide indisputayy clear by proof. 
 Now there had be6h no eVidehce^nioproOf whatever, even offered upon wliich 
 to substiinliate th« ground for such i^ statem^t. There wa.s thus ho evidence 
 of motive establishea^n^ th^rQ h*!^ been no altenii)t made by tho^ Crown to 
 suggest even the posisibmty oyextptewce of feelings' of" revenge or a'persohaL 
 
m 
 
 tjatreil from 'any catisc; TTi^y w6uld'havetb''tnT^I> up tte cause ori'^ 
 presented by the Crown in a three fold asplect. I To would attehtpfi to ^pavate 
 "these three aspects, and would endeavor to ipake each of them clear, Cii^cJ.if in 
 'ta!iLng this course he should occupy more time than they might tlunJcnecJessaBy, 
 they must remember how grave was the responsibility resting uoon bptlj him 
 and themselves. The motives then which nad been hinted at, not proy^, 
 miglit be put upon one side, and he could now conie to facts, and ask into wha,t 
 shape they resolve themselves, and in what shape' they present therhselve^ to 
 •our minds, or to the minds of* any by whom they arQ to be impassiopately judged. 
 They embraced three distinct phases which hQ would separately take up. 
 Firstly, that of the circumstantial evidence j s^co^dly, of the direct evidence : 
 and thirdly, of the evidence of admission j the whole evidence offered 
 resolved itself under one or other of these headings. The gentlemen of ijje 
 jury would understand that, with regard to the first, many peteops copsidered 
 that circumstantial was the strongest possible evidence. It has been said thajb 
 circumstances could not lie, and therefore that such testlmoi y was the most 
 convincing which could be submitted to a jury. But, though it were true tUajt 
 <iircumstance8 cannot lie, it is certain that they may fiiil to tell the trutU'l 
 How such failure could affect the prisoner two celebrated cases showed. Ofxp 
 <'which counsel here read) was tnat of a roan who, after a quarrel with ah 
 acquaintance, had ])een found dead, run through the body, with the scabbard of 
 the latter's sword lying by his side, and with the tracks of the latter's shoes 
 found leading frOfn the body. Here had been perfect circumstancial evidence-^ 
 "the evidence of the primary quarrel, of the subsequent death, of the scabbard 
 and even of flying footprints. The accused was accordingly tried and executed) 
 and it had been ascertained aftenvards, by the confession of a ^hird party, 
 that he — the murd it — had had an old grudge against the victim, had known 
 of the quarrel, had stolen the scabbard and tne boots of the other, and ha^ 
 succeeded in this manner in diverting suspicion from himself. In that cabp 
 the circumstances liad all been true, but they had lied concerning thp 
 accused. There was another instance where a poor old woman had been mur- 
 dered in her bed, and had been found dead with locks of hair and a fragment 
 of a cravat in her hand, both hair and cravat admitted by being those of a servant 
 of her own. This servant, had moreover a scratch on one hand, presumedly 
 received in the struggle with his victim, with whom he had a quarrel some little 
 time before. That man, upon the infallible proof of circumstance, had been 
 tried and executed, and it had been proved afterwards that the guilt really pp- 
 longed to another, who having knowledge of the quarrel, and intention of tho 
 <?rime, had sought to shield himself at the expense of the other, whose hair 
 hjjiving frequently trimmed he had had an opportunity of preserving, and 
 whose cravat he had stolen, placing both between the dying clutvqli 
 <if his victim. In this case, also, true circumstances had lied ? Circumstantial 
 evidence therefore, though undoubtedly useful fre(^uently, is not always to be 
 relied upon, and in this case, the circumstantial evidence offered here was not 
 of the kmd which would prove the prisoner guilty, when it came to bo carefully 
 examined and to be sifted, as it was their duty to have it sifted. They mx^st 
 remember that there was no dispute as to the fact of Mr. McGee's death, no 
 doubt suggested that that deatli had been occasioned foully, and that some xjiid- 
 night assassin had struck him darkly down. But they must pause to enquire if 
 this had been done by the prisoner, and what were the circumstances of tli^ 
 crime. They must undoubtedly understand that persons going about late ^t 
 niglit, coincidently with the commission of a great crime, presented a suspicious 
 •aspect. People did not go about so under ordinarj' circumstances, except in 
 pursuit of those excessive pleasures which disreputable orgies give. But such 
 ordinary circumstances were not the case here, llicre was an occasion for men 
 being abroad then, and an assumption from Buoh admission might point, with 
 equally unsatisfactory index, to them or to hipi, or to anybody else in the 
 House of Commons, as being the guilty party. There was, therefore, absolutely 
 no weight at all to be given to the fact of the prisoner's admittedly late hours 
 upon the night in question. There was many a man in the House that night, 
 
^ 
 
 tSiii. 
 
 
 who could, if arrested, give no clearer account of himself, whether he was a 
 messenger of the building, or was one of the thirty or forty present in the gal- 
 lery. The argument from the prisoner's being out late came absolutely to 
 nothing. It shewed simply that he was one out of many men who where then 
 abroad, and one out of many men miyht have committed the crime. The fact 
 was merely that those abroad were numerous, and there was nothing in this 
 whatever to sin^e out any one of them more than another as the assassin who 
 was guilty. There had been notliing in the debate tliat night to ex .le liio 
 imaginative anger of a man so excitable as the prisoner was «iid to be, 
 nothing whatever upon the subject of Ireland, — a subject up a which 
 it had been hinted that his enthusiasm was peculiarly accessible— nothing 
 more or equally exciting as had been said upon many other nights before ; 
 notliing whatever to arouse the animosity of the prisoner. They had, 
 then, so far, no fact against the prisoner. He was not then, but on another 
 oijcasion to which Counsel would again refer, seen with any weapon in his pos- 
 session ; there was nothing argued in his disfavor, but that he was seen point- 
 ing with his finger presumedly towards Mr. McGee, but as he might have pointed 
 to any one. There had been nothing in the debate or the discussion to affect 
 prisoner more than anybody else present tl^ere. It was said that ho had gono 
 to and fro several times. There were natural reasons for such conduct, irres- 
 pective of crime. And yet, this it was, that had been adduced as proof of 
 uneasy restlessness, and of guilty purpose ! But all these circumstances — take 
 them singly or take them in connection — came absolutely to nothing. They 
 were, each and all, consistent equally with innocence, as with guilt, and t,he- 
 jury were bound to view them from the point of view which established inno- 
 cence, where such point of view existed at all. But they had in connection the 
 threats which were said to have been used, and which were charged to have 
 been used by prisoner, in presence at different times of the witnesses, Faulkner, 
 Wade, Inglis and Turner. These were put forward not so much as circum- 
 stances as though proving motives. Let the jury fairly examine how much 
 weight should be attached to them. Neither Faulkner nor Inglis a.ttached any 
 weight to them at all. Those to which they testified had been made in the 
 heat of election times, when party spirit ra,n high. There was not one among 
 the jury but liad known, in election times, statements n^ade which could never 
 have been niade in cold blood, and things said — aye, and done too — which on 
 other occasions no man would have l>een capable of, more than of flying. There- 
 fore, if those who listened to these '' threats "' at first liand placed no weight 
 upon thejn, they need scarcely do so now. But when we come to the evidence 
 Of threa,tS Spoken of by Wade and Turner, we corne to something of a different 
 nature, because these latter seemed to indicate a Ui jre settled purpose to which 
 they could not but accord a graver attention. And first as to Reuben Wade, 
 who is he, whence has he come, and what is his character? He had been 
 sprung uppn them at tl]ie eleventli hour, and had then come forward to 
 inake statements of so gi^ave an import, when there was no opportunity 
 of ascertaining, in proper time, who he was, by the results of the inves- 
 tigation by which he was being that moment tracked. This was the 
 man — ^he would desire to say «'/m> was the man— who had thus come there 
 to detail^ with a minuteness wUicli was sonfcely in his favour, as he (Counsel) 
 might venture to predicate, iqven of the estimation of the jury, those 
 material circumstances upon which he had been so fully contnidicted, and 
 who, if his testimony MierQ to be found to fail upon one point, must be held 
 utterly unworthy of cre<l once upon all. The story of this man wtis that lie had 
 come to Montreal on tlio 17th Pecember last, that he had taken lodgings at. 
 Duggan's, and had stayed there until the 27th. On the 21st, and day by day 
 subsequently to the 24th, this man swears that he saw the [)ri80ner on several 
 occasions at this s.Tmp house (Duggan's). That ho hoard on each of these 
 occasions, some of the threats upon which the prosecution took so much of their 
 i»i"Ound. That he had heaitl the i3risoner spoken of as "Sullivan," and a» 
 " Smith,'* and as the man who was to " do the job " whatever that might be. 
 Jfe would ftsk them just to look at the possibilities of such testimony. Did they 
 
71 
 
 ( 
 
 beliova that a party of men, spcretly banded top^tlier for the puri^oge of taking 
 the life of a prominent statesman would meet for consultation in a room 16x18, 
 in the presence of a man of whom they knew notliing, who should hy such 
 extraordinary coincidence, be invariably present at their conversations, ready 
 to listen, to observe, to take note, and subsequently to testify ? Did they 
 believe that these secret conspirators should have deliberated with such little 
 common care or caution as to allow this witness Wade' to oveihear all thepointst 
 of importance on which they touched, and — to allow him to hear nothing of 
 unimportance besides. Wade was, in feet, unable to repeat a syllable of the 
 conversation of which he had spoken, except those syllables which told against 
 the prisoner. They were, therefore, asketl to believe that the voices of 
 the conspirators were low and guarded when discussing topics of no eon- 
 sequence, but were high and sonorous when employed in tittering such 
 language as might condemn them 1 And why was it that all these con- 
 versations, upon such a subject, should have been carried on so fearlessly in tho 
 presence of a stranger such as Wade? His (Wade's) account was that Duggan 
 had vouched for his friendly discretion, and that the party had consented to 
 ignore his presence upon Duggan's kindly representations in his favor. They 
 were represented then to have taken him on Duggan's responsibility, and vnth- 
 out further caution or enquiry. Was all this story, so far, so obviously true or 
 consistent, or even probable, as to make it a worthy test by which to take tho 
 life of any man ? But, supposing that intrinsically it was so, when they came to 
 test it day by day what did they find its standing '? These meetings of conspi- 
 racy, at which prisoner had been always present, had been sworn to as occurring 
 between the 21st and 24th December. But witness after witness had been, 
 called — five had been called in all — to tell them that the prisoner had been hero 
 in Ottawa from the 21st to the 24th December, and hatl only left in time to 
 reach Montreal at midnight of Christmas eve. Were they to suppose that all 
 the witnesses on behalf of the prisoner were telling a joint lie, ancf tliat of those 
 appearing for the Crown were telling truth ; were they to be so blinded by 
 vulgar prejudice, and by some frenzy which had got abroa<l, that no one who 
 ventured upon testimony for the defence was to be credited, no matter what; 
 his character otherwise? He would tell them that the evidence he had offered 
 upon this point had, like the grinding of a mountain, crushed down the testi- 
 mony which had been adduced by the Crown upon this subject. That testimony 
 was but the testimony of this Wade, to which they could attach no weight what- 
 ever, because that which they (the defence) had offered in opposition had borne 
 it down as might have Pelion massed upon Ossa. They hnd next to consider 
 the evidence of Turner, and they had to deal with him and his position — and 
 with the position of every wilness placed as he i^ — upon the principles which 
 he had nmde applicable to the eredibility of Wade. If such a witness were to 
 be found failing on one point he must be hel<l to have failed on all, and bo 
 deemed unworthy of any credence throughont the complete stoi-y. And let 
 them just consider what was the salient point of Turner's tale. Passing by such 
 matters as the mention of casual expressions of ill will at Mrs. Satnlan's. tho 
 great point of this witness's evidence is regarding the conversation at the Rus- 
 sell House between th<i prisoner and Doyle* They must not forget the pre* 
 sumed circumstances of that conversation, or of the examination of Turner. 
 At each step of that examination his learned friend (Mr. O'Reilly) had been 
 present throughout, searching laboriously and exhaustively for complete evi'' 
 denoe for the Crown (whose case he had consistently conducted so ably and so 
 fairly) and taking eveiy care, ns he was so well able to take care, that the case 
 ' tvas brought out fully and unmistakeably, and that no evidence which could 
 possibly be urge<l in support was on any account omitte<l. All Turner's evi- 
 dence had been given at Jthe investigation under his learned fiiend's superin- 
 tewdenoo, and nobody knows better what his witnesses wiU sweai-, before h« 
 put* them in the box. And yet they ]im\ the fact that at this first examination 
 Turner had said nothing at all regarding this convei-sation with Doyle. They 
 had— at that stage — the election " threats" — the utterances of exasperated 
 politiciil feeling, passing away us the excitement dietl out, and subsiding as the 
 
 
I 
 
 noisy wai'fare sottlo^ flown. In the p^ftoe that followe<l they hftd no thi-eftta 
 mentioned by anybody, until they auddenly tui'ned up in tiie evidence of Tur- 
 ner, lie had been brouglij; tl^ere to speak to threats— tlwy must nevei" ioi-gel 
 that — a man vvlio had been a uoldier — a loyal man VfiH"^ although ;Wh«lan'« 
 {"riend, could not ketjp silent upon his guilt, and had co:ne forward ,to,contrir 
 bute his assistance to track the foot.stepa of the assassin? Under tliese impulses 
 of public duty Tumor htul come forward, and having been seen and cemfentHl 
 with, by liis leaaiied friend, hod been examined before Mr. O'Gara, ami made 
 his statement of ell he had then to say upon tho matter. Then, anil imme- 
 diately after Turftei' h<ul gone down, Mr. John McCiee liad t^Jfc«n his *t*nd in the 
 box, anti related his story of Whelan's.appearence at New Year at Mr^ MoGoe'a 
 house. lt,'.va»pnly then, only after iio liau listened to this new feature Of thecase,, 
 that we fi^d T wner (}oming in with; a tide of which l»e 1 ukI given no hint heretofore, 
 a tale wlnjch VTa# mm-e dumnjng than any that^Uad been told before. The stories 
 of election threats, as well as the assunxed points of circumstance, he ((Counsel) 
 had alreiuiy phewn nmst go for nothing, aJld it was at the motucnt tli^at the 
 Grown failed in i^p chain, that the man wlio, knew thd difflcidty, came forwtu'd to 
 pick up the link liiC was aware of being rtM^uired, and whicii v^ yet wanting to 
 llx. the guilt upon prisoner. It was at tiuK eriiis tlw-t TtArner was ready to coma 
 forwaril with what, ho hiKl before omitted to meatioin, I>ld they (tliejury) 
 believe that his leixmed fiiond had not at the outset, asjcertaiued all that Tm-ner 
 knew, or that, with all his tact and discrimination, he (jitl not know that it was 
 necessiiry to prove that threats had been made in cohl blpt^dai well an in the 
 he^t of passion ? To suppose, such a marvel would be against all evidence, and. 
 would be to contradict ins vyhole experience during a prac;tioe of many year^. 
 lie would put it asi a truth thijti Tu-rner never heard a vtokI of this qonyiM'sation, 
 and, if this wpre th(?ir belief, a^id he could not see how it QQuld.be otlierwise, 
 there was no creden(;e to be placed upon the i$tateme»t8 of this witijess Turner, 
 from begiuning to end. They had hear<l his learned friend state in opening, 
 that the prisoners haid purchasetl p, pistol in (Jictober or NoYembeir, aud that he 
 had practised sfliooiuig with this we-Apon afterwards. Now, where Wft|J the proof 
 of .this purciuise, or of this pmctice with fchepiHtol, whicJi ha*! been h» possession 
 of the prisoner since he hiui boea ;in Ihe volunteers. Un ■ajjliof ibis gifound 
 they had only the statement of this Turner, tliat,the :pri8oner:;had oace said 
 that he might go to pi-actiqe, and there was no evidence wliateveff of tliat skill 
 in marksmanship which had beeji spofcen of. Is the eyidenee of tl>e poasossion 
 of the piejtol evidence of guilt, remembering that there , was jjone, of its pre- 
 sumef lly guilty purchased ? Was it concealed ? The evitleoee proved that it 
 was openly shevra. All the evidence then resolved itself into thiB-Ttind on this 
 point, although he would read to them from those whose namea ore 
 authority, they must remember that it was not from him, the advocate, but 
 from His Lordship the Judge, that they were to take the law- — that the cir- 
 cumstani'es proved were equally eojtwisAent with innocence a& with, guilt, and 
 His Lordship would tell them that the law bears more strictly upon cirouilaatan^ 
 tial evidence e'^en than direct, and that where the evidence is equally consistent 
 with innocence, a9 with guilt, it must be taken to prevail, for imiocence, Tiiei'© 
 was no principle in law more sacred, or one which the Goyrts wejsejnaOre .wa:iOiUs 
 in insisting upon. Now all the circuoastantial evideftce in the eawe was of this 
 natwe, and he would read to them the reports of certain case^ analogous, where 
 the question of identity was confused. [Counsel then read to the juiy the 
 reports of six remarkable instatwes in whit'-h a mistaken identity had resulted 
 in false conclusions, occasioning the undesej-ved death ^of ■ innooent persona, 
 against wliom there was not even any maliije on the part of the prosecution.] 
 He would next read to them the opinion of the best Authorities i-egarding the 
 value of threats, tVom which it seeoas to have been held : tii'stly, that tke»e,are 
 not always prompted by malice; secondly, that they ft»e not always even 
 remembered by the painty uttering them,; and thirdly, that it was possible that 
 others who might have heard them shioidd take atlvantage of their co^ver. 
 There was a cui'ious instance. of thi«»recorii<'damong the catmiui cdlihres, .whore 
 a woman of bad chaiacter having threatened a man that he would get liis hands 
 
(St^t noros», and ho bieing »ub»ef|uently I'ouixl nUWHioi^Kl vith hiri hands so cuty 
 t)n^ womttn waa ex«iou4e«i <fc>r a ciiin<' wliifli, m YiM uubsi'ijuenUy a-scortained, 
 ihfftd been couimitteid In tiu« pftrtivulur tiwJiion hy a h-tt^ner who de^jirod to nver* 
 ijtie BUfcpicioB iJ-om hiiaatdf. [ilr. (Jiiiuoioii then i)WXM)eded to rend unother 
 extmtit t^h*«vring that tlxe Hno wiUuini^tration of jusAioo AVii?> uot ulwivyu to bo 
 gu^J'ttntet'd in court, and 8uffcii*<i ©HciwionftUy from th<> ibimjldft We misconduct 
 of the pubho prem, whioh. lu'.tuated by n, horror, w :preM«ide«i Jioiiror, of; tho 
 ci'ime, but ipipre probably by an imxiety to pujider to tho morbid exoitninent 
 pf the pubUc, oouupied it«elf in giving minute descriptions of tliti aocuBod, au<l 
 elaborate o^owni* oi hU pondacfc, and even in ottt ring a hitttoiy ;t>f hi« boy- 
 Ju>o<rs orimeH^ until the minds of the people hud^btWPimeHO far intlamed that tiio 
 nwn who should Mre been brought to trial hud only waHcetl to martyrdom. Ho. 
 did not desire tQ ftvgue from (vll this tlwt cai-cumatantial evidence or evidence of 
 identity. w^»8 unworthy of attention, but, on the oQUlirary^: that tibe eases in wliich 
 it was lulduced CKvllod for the grejitest Hcrutiny lp!*t;t'h<^y 9houikl beaUowed to fajl 
 within the cjitegory of tlie uni'Ortunate instance* he h*d cited. Tlieae ijuatancea 
 were recorded as the guides and sign posts by which to avoid eiu'or, and all point 
 alike to the establishment of the niaxim that TWhercsuoh evitlenoe points equally 
 to the innocence as to the guilt of the accused thqy were liound to accei)t tho 
 former theory. He would next revert to the evid*»ice given by Ijicroix, in 
 which the (jue«tion of identity wae wuglit to be establishetl by testimony in 
 part direct and in part circumstantial. Tliis man they had seen in the witness- 
 %f)x, and the prisoner liod had tlie di8a<lvan.t»ige of being' compelled to oross- 
 ^Xftmine lum through an interpreter. He (Mr. Cameron) was not an adept in 
 tlie French language, but he could have undertaken tlie oross-examiiiation in 
 that language if the Court conkl have j^ermitted it, but tliat waa of necessity 
 impossible, because the jm-y would not then have understood the evidence. 
 That tlie necessity for interpreting Laqroix was a giiettt disadvantage to tho 
 prisoner they would see, almost without his (Counsel's) explaining it. The 
 Vftlue of cross-examination depeivled upon the rapidity with whioli questions 
 might bo asked, the successive attftwers to which might involve the witness wlio 
 had been giving false testimony in a contradiction which lie had be^n unable to 
 foresee. Th« pi'aotioe of an interpreter tended to give suoh * witnes8,,;who 
 understood both languages somewhat, time to make up his story, and reflect 
 Uipon the probable result of each reply which he was making. N&twitlistanding 
 sucii an advantage in his favour Lacroix had proved utterly incredible. He 
 load said that he wfl* a stronger here, knowing nothing of the towtt, not even 
 the name of a single street, but merely the general direction from Iiower 
 Town to the Qhaudiore Flats. There was jiothing else tlmt he could tell 
 of the knowledge ot the town. But he said that pn the 6th April he 
 liad left tliia side sometime after dinner, and ha<l gone over to the .other side 
 wheie he had wandered until one Qr ho If- past one the fuUpwing movning. He 
 ^•pjjJd read from, the evidence of I^kcroix's as follows : ; 
 
 hfiji !' Went straight to the C'haudiere to get a house, but did not get one. 
 Jloi several people at the ChautUere that day. Poes not know the names of 
 any. Was enquiring for work and for houses until he left at lialf-pajst one in the 
 morning. Cannot tell the names of a single place M whiohhe jiskedior houses, 
 or of a single indiitidH^l he flskefl for work." 
 
 They saw thus that he <;Qu]d tell nothing of his doings all tlte time he was 
 away. But he had proceeded to t«ll them of his return through Wellington st. 
 
 He had oome up its whole length on the right hand sidewalk, until reaching 
 O'Connor-st., where he had turned down. iSupposing then his stojy to be trtw, 
 the^tii'st poiijib of irapOiTtwice was as to his coming up. , He had come v]> the whoh 
 way irithoui meeting wnyhody. But if he had really* conje up thrtt way he njuafc 
 have met Mr. XoCarthF, the messenger of the House pf Commoxvs. McCarthy 
 had left before the boy Trotter, And hiid wajlked to his ;JiC>in.e>- P»»tr the Club »nd 
 the Scotch church. If it were true that Lacroix had thus come up and seen the 
 shot, it was inevitable that he must have met McCarthy. But McCarthy met no 
 ope. These two men, who had walked towai-ds each other under the bright 
 ijjoonlight, had seen nobo<^y on tlie i-oad of either. iliVi^ nil the horriblo 
 
 :f! 
 
p 
 
 w 
 
 circumMthno«« of the night, ami with nil the anitions enquiriea of th« morrow id 
 rivet their attention, they had ouch be«m unable to recollect having met the 
 other in his path through the Htredt that wbh empty and distinct, nnd atill ! It 
 became then of interest to trace the BtepH of Lacroix further on and see if he 
 met anylxwly eko. When tht^y came to trace him, they found ho had aeon the 
 murder committed, had pn«ae<l on, and h>ui met nobody. But if hin Htoiy had 
 boon true he muHt have met Buckley's carriage returning across the l)ridge, 
 which he hml swoin i>o8itively that he h««l not «cen. lie had, In foot, met no 
 one until near the . rench church, nor ha<l ho seen the virion of nnyhody 
 except of the two men on Sparksut., who were thoHo alone of whom he coukl 
 give account, or even mention. The Oown hnd endeavored to aupplemertt 
 and oori'ol)orate I^ncroix by the evidence of .Ionian. Now what did lovflan Hay * 
 
 "This man Jjabello hiul two pails in his hiind. The other man was a littio 
 in the rear of hin^, comiilg on faster, and did not come up close to wHtness. Not 
 closer than 75 or 80 feet. The night was unusually bright. Witness siiw thrt 
 seconil man afterwards. • TUkes him to have been the witness lAoroix. Is posi- 
 tive it wu« Ijicroix." 
 
 Now let them see what Label le says, and whether ho carried the.so pails, 
 and what he knew of the other man in his rear. Labelle says : 
 
 "There was a messenger walking «lown the street after witness, who joined 
 the latter before reaching Ijapierres, which he entered with witness. This metf-'' 
 senger's name was Kober;»o." 
 
 [The learned Coaii'^' ' nnde his quotations of evidence from the report of 
 the Times.] They ha<! tore LaboUo to prove that Joitlan mi.stook — he did 
 
 not desire to impute ju ling more to him — the obsei-vations of that evening, 
 that he was wrong in saying that Ijabello cjirrieti jjails, and that he was wrong 
 in taking messenger Roberge for I^acroix. All coi-roborative evidence therefore 
 failed, unless they could tind it in the testimony of Leon Diguez. He would 
 reatl the latter : 
 
 "Crossed tho Sappei-s' Bridge, and met a man on this side of it. The man 
 was just walking along and sjud nothing to witness. It was dark and witness 
 could not swe«vr who the mnn was. he looked something like Ijaeroix. Witness 
 knew Lacroix^ and afterwards thought it was hint. Thought nothing about it 
 at the time." * ' 
 
 ? This Wiis the only evidence that Lacroix had been met tipon the mn.<l. But 
 it was evident that if he had been at tlie bridge he could not be also at tho 
 church, and the simultsmeous presence which had been thus sworn to destroyed 
 the credibility of both the witnesi^es. Let them take the rest of tho testimony* 
 and see how it hangs together. They (the jury) h-wl had tho advantage of exa 
 mining the locality, and observing all the distances, an'l calculating the proba- 
 bilities. They had thus the opportunity of seeing the gates nnd posts referretl 
 to, of observing Mrs. McKenna's, nnd noting how all the parties had come down. 
 The House had adjourned at 2.10 nnd was almost empty at 2.20. Young 
 Trotter had heard the shot when opposite the West Departmental Building, and 
 had seen the light Hashing from his mother's door before be had run upstairs 
 in the Times office. He must, therefore, have come up immediately after the 
 commission of the crime. Trotter's evidence, which the learn^rJ Counsel then 
 went on to read (quoting as all through from same report) was as foIloAvs : 
 
 " Coming down from the Public Works, saw nobody on O'Connor street, 
 Fi"om the time of his leaving the others. s;iw nobody imtil he wetit to the Times 
 office, and disturbed those there. Saw no one at the door of his mother's hoiise, 
 and only knew it was openedifrom having seen the light."'' ' ;" ' . i- -u rnoU < > 
 
 Now, they must recollect that point about the opening of ilie dbWj'iajtt 
 compai-e it with Mrs. Tpottor's statement. Here was what she said : 
 
 ** Was not at all frightened at seeing the flash. Brought the lamp imme- 
 diately nfter '^eeiQg the tk»h, merdy going to the fuPthdr end of the dining 
 room table." ■'■ •'■•'■ ■■'•' *■■"« /i"."--.! .trJj mc;! ■■-;•.•■.' )i Jl ,fi'j-!ii;i-» ii'-n •"'. sc... 
 
 " Lacroix did not see this light at all Wliile he Wah «Mi>ufeli5ng at WeKAhria*8. 
 He had not stopped at tho corner, nor at the door of the brick house, but he 
 had distinctly seen the two men coming up the street, and the ih-st of tliem, tho 
 
75 
 
 »4U 
 
 (• 
 
 big man, wore » black beavor. That might seem but ft Hnmll rliscrepatior, for 
 they all kn«»w tliat Mr. McGoe's hat liad been white, but it waH of irnportnnco 
 here, and they must attach pro j tor weight to its coming from a man who had 
 been so minutely circumstantiat in recounting his other observations. liRcroix 
 had been, he said, hiding in Mrs. MoKcnna's door. Now they had seen that 
 door, and know how far any person might conceal liimself theie — about as far 
 as in any cIosimI dtwrway within that Court-room. [The learned Counsel here' 
 read veiy fully from Ijicroix's and Mrs. Trotter's eridence which he argued to 
 be irrecimciliable.] Mrs. Trotter had sworn that the quick step she had heard 
 came along the sidewalk from oast and west, and the statement was entirely 
 inct>nsi8tont with Ijacroix's, who states the second man, overtaking by his quick 
 steps the first man, never to have been in front of the latter at all, but to have 
 como behind him from the mi(Mle of the road. The shot was, therefore, not 
 fired as Lacioix says, and his statement is not to be relied on. Ho says that 
 he never saw the man except at the moment of his passing by him, and, having 
 been admittedly mistaken in the color of the hat, should we now believe his- 
 recollection of the features only then monientanly obt«erv>»d. Observed too, 
 when Lacroix was cowerinf^ with fear in the dooiwny, nnd just l»efore he had 
 entered a gateway to his (Lacroix's) inst side. That gateway the jury had seen 
 to have been far to the westward of l^ioroix's supposed position. In contrasting^ 
 the points of difference between Mrs. Trotter and Lacroix t'ley must not forget 
 the former was calm and collected thi-oughout, that her renses ha<l >)een shar- 
 pened by watching for her son, and that she was never ftightened during the- 
 whol(} time. Would they hesitatf^ whether to believe her, or, in preference, 
 the man who crouched trembling in the doorway, and wh:) had been content to- 
 leave Mr. McGee, had lie been but wounded, to die from want of help, while 
 his skulking cowardice led him slinking fi-om the exagi^eraterl danger. Wa» 
 this the sort of a witness tipon whose evidence to hang .he life of a dog, much, 
 less of a man ? He who could not recognize the colour of a white hat, but swore 
 that it Wds a black one, could nevertheless, from his m -mory of this one furtive 
 glance, identify the man from whom he had coweri'd in al)ject fear, wliert. 
 csiUed upon to do so. And how had he recognised him? Acco><ling to his 
 fii"8t statement among sixteen or eigliteen persons, but, as it tinned out on 
 cross-examination, in walking up and down the conidor and looking into the- 
 cells. Even there he could not identify, -md required the man to be dressed 
 before hi would swear to him. In th»i face of these fa-jts was it possible to- 
 rely on this man's statements ? Why, if there was no other witness for the- 
 prosecution. His Lordship would tell them that the cause: was unsupported, 
 and that they must liixl a veixlict of acquittiil. Had he given any information; 
 of the deed ho had witnessed ? Had he told Joi-dan when he saw himi 
 «t the hotel ? No, but he afterwards told different parties that he had 
 ^eard a shot, and, not until the policemen came to him, that he had 
 seen it. Would the life of any man rest safely on the words of such a character, 
 or would they send, not to death but to penitentiary oi- to lil, any accused be- 
 ing against whom such testimony might alone be offere<i . He emphatically 
 toj-otested against the acceptance of any twelve men in their senses, of such an 
 inconsistent fable of so unmanly and contemptible a coward, weighed, as it 
 jSnight be weighed here, against the life of their fellow man^ Even under the 
 jpressure of the most dreadful prejn<lice, and in the mo=t excite<l times, no jury 
 'IHrould leave the issue upon such evidence ono moment doubtful. Parsing oiii 
 ihe evidence connected with the pistol, it had been said that this had been 
 freshly discharged, and had one chamber freshly loaded, with a cartridge which 
 had been said to have been twisted in the chamber, which it fitted ill, so far as- 
 to leave upon it a mark unmistakeable. They could take with them the pi8t<:4 
 and the cartridge, an<l could make the experiment for themselves, and say 
 whether any amount of twLsti^ig round would be sufficient to make the mark 
 relied upon. Now let them try this with the evidence of Goulden. There could 
 certainly be no doubt that the girl had been wounded, and it appeared in evi- 
 dence that the pistol had been seen uncharged a week before the murder. Let 
 tliem consider how this point matche<l with the other evidence, and let them 
 
 Jii- 
 
 rn 
 

 •weigli fully whftt thai ntherovulenco waa. Th^ro had bflon a nuinbor of wltnoj^ 
 tm» who testitiod tliat they wouUl not Iwlieve lAcroix ti[)on oath, that he was « 
 claqneui', a Uar and a ttoaHtor. Ho hiul heatrfl it aaid that these were not people 
 to depend upon, hut the fact was tluit they were just the people of the class of 
 JjiMVoix hnnBelf, Ijy whooi it wu« hut natural to suppose that he was host known. 
 ■What account did tlie prisoner himself give of the night by tlie mouth of tho 
 CoUiiisel who were perniittod to defend him fre'aly ? lie says that ho was there, 
 .thiut he returneil hume, entering by the ha(;k way as he had permission, and 
 j{ivinu in fact the saiiui awv)unt of himself oh might any hotly else who wa« 
 calUnl upon to dofend himself on his «)wn testimony. And while every fact had 
 been pressed againt^t the prisoner, who could wiy what other evid<*nce hrni 
 not l)«en loHt, and what traces had not been loft unfoHowod, while the party 
 wliose guilt was real liad been escaping ! And what further hod been the pris- 
 oner's attitude ? Did he refuse to recognize Mr. John MeGoe? No; at once 
 when ho met him in the gaol, he luid addressed him, and spoken to him unhesi- 
 tatingly upon the subject of that visit to his brother, upon which so much stress 
 had been laid. That visit had been paid by the prisoner, believing that he was 
 doing right, and now tlie warning which he had then given was brought up 
 agauist him, and an attempt made to twist it into proof of his guilt. The pris- 
 oner's own statements wei-e all through reasonable and satisftujtoi-y, and Tiod 
 been contirmed convincingly, and it might be fearlessly asaei-ted that apart from 
 the third head into wliich the enquiry IiikI resolved itself, the prisoner stood as 
 free from guilt as coidd be necessary for his ac«iuittal, providing only they 
 discredited the testimony of I^aoroix. The third phase of the prosecution had 
 next to be considered. Evidence as to admissions had always been received in 
 law, and they could not, tlierefore, technically object to it, but it had been so 
 repfeived with the maximum of scrutiny and suspicion. Let them take a different 
 case. Suppose a ease occurring in times of popular excitement, when a man, 
 who had espoused the poj)ular cause and wiis identitied with its fortunes, were 
 cast into prison to take his trial. Suppose that he, instead of being, hounded 
 ilown from every side, were supported by the acclamation of popular encourage- 
 .ment, and so far contrasted in his good fortune with the prisoner at the bar. 
 Suppose that the Crown finding their evidence against him insufficient, and 
 aware that something else was recjuisite to make their avso complete, — fancy 
 tlie Crown, he aoid surrounding this man while immured within his cell with an 
 ambush of turnktys, penal-serving prisoners, and detectives, to listen for such 
 chance admissions as the Grown required. Fancy such a fact getting abroad 
 through the press ! What Words oould be found too hot, or too full of Are to 
 brand the men who could be guilty of such a scheme ! Everytliing that 
 flould be said on behalf of just o and of freedom would be uttered in words 
 of print, and in language of tire. But reverse the circumstance. The public 
 fcelievpd hei-e that a great man had been cut off by a vile and cowardly con- 
 spji-aey. T)iat it had in its clutches the man who was the instrument of the 
 crime. That, therefore, it did justly and well in lying in wait for him, and in 
 ■catching what evidence it could against him from the admissions of his own 
 mouth. Suoh conduct was said to be fair because murder wos treacherous, and 
 any sort of weapon might be employed in its punishment. Only let them he 
 sure that they do not thus find the accused guilty first, and proceed to search 
 for evidence against him after ! Lot them remembier that they had been watchint 
 the prisoner for a week, and had heard nothing to criminate him. But after aU 
 this watching and waiting without result, the detective comes at last, and then, 
 and not till then, is heanl the conversation that was needed. He would read 
 what the highest jurists said upon the subject of admission of such confessions, 
 which they would only receive in any case >vith the utmost caution. [Mr. Ca- 
 meron here cited the recorded opinions of Mr. Justice Foster, Baron Parke, Baron 
 Alderson, and others, respecting the class of evidence in question, w*hich the autho- 
 lities agreed in regarding dubious from its liability to misrepresentation, and from 
 the immunity from punishment which almost necessarily accrued to its reporter. 
 In the American Courts also, it appeared that this class of evidence was looked 
 upon with high disfavour, and Counsel cited numerous instances where its recep- 
 
w 
 
 tiouhad tended to the defi^at of theondsnf juHtico.] Tlieso PxtniotH did not iiljow 
 that Hu<'k evidtmoo wae iimdiiiUiHible— if it were they would n(»t have i»ormitte<f 
 itB reception — but did show pretty cleiirly what woijirht the mo»t eminent jufrlsts 
 attached to it. Tliey hud lu-ard tlie witncHH Mitchell Huy tlmt ho hwl heatxi no 
 adniisKion of the prisoner's guilt, uiid they had heard it nrfriicd in coutnn entiou 
 thiit he had been locked up ut Juvlf|)U8t live o'clock, und could therefore have 
 heaitl notiiing. But, setting liini aside, there was a witnesB whout the Crovru 
 l^i^bt have called to nhow if the evidence of the detective and penal Mirving" 
 ptl86|icr could he otherwisio suhst^ntiated— imd that witne.si* wa» Doyh*. Tho 
 CroWii nee4 not auk him any questions the iuwwers to '•hich might eiimiiuito 
 liimself. The priHoner could not call him, becauHo, if a«ked for the defence, 
 anything ho were unwilling to answer, Huch unwiUii>gnes8 njight be oonatrued 
 as niitrkiBg a point against himself hci-eafter. The prisoner's statement 
 as regarxls tlie conversation, wtis that his remarks wore uJl in i-eferenct* to what 
 had been sworn by Turner—that he had thus said, not " tha^he ha<lslK>t MeUep> 
 like a dog," but that Tuj-ner had sworn that ho Iiad sjiid "lie had shot or was 
 ready to sbootMcGeo hkeadog." The j)risoner asserts that these words of his have 
 been perverted — through misudvertencc alona, he hoped, but still perverte<i— 
 iotftd to tlicm, as thus perverted, a weight had been attached whioh they were 
 'i::Worthy of bearing according to the maxims h<^ had. read. In addition to thoso 
 Cases of false confession wliich had been exactr<l under torture, they should re- 
 cal that recent one of Constance Kent, tho particulars of whioh wen^ notorious 
 all through tlie world. In that case a man had come forwartl and falsely con- 
 fessed the girl's crime, the proof of which would have consigned the deponent 
 to thegallows. They liad heard even there dift'ereiit persons swearing to ditioreut 
 iidcounts of the same ciroumstanco, and they could not but bo sensible how 
 easily words might be distorted through tho influence of inadvertence or of 
 malice. Tliey Siust remember tliat the prisoner had been for days — uhnost 
 weeks— watched by men in every corridor, all alike ready to pounco upon him 
 if he sang, or if ho danced, or if he whistled, whicli in some pecixliar manner, 
 they looked upon as the signal for an Irish song of dangerous import, where it 
 could only be understootl. Everything the prisoner liad said in gaol luid been 
 watched and waited for — aye, he had almost said longed for — by the men by 
 whom ho was surrounded. It was not vei'y wonderful that somo of these at last 
 should bring down somo tale against hmi 1 They (the jury) he continued, in 
 conclusion, had lh« prisoner's life, or tlie prisoner's death, to mete out to him 
 with the|r own hands. XTpon them, and not upon him or any other, rested the 
 r'fesponsibility of his being oondemned or acquitted^ They liad had tlie opportur 
 nity of liearing the evidence from tho beginning, and he had observed that they, 
 listened attentively. They would now have an opportunity of hearing' 
 the case for the Crown, and the observations of the Judge. They would 
 then have to decide between the Crown and the ojfence, between the 
 jirlsoner and the orime. They must remember that it was upon nothing 
 but the most convincing evidence that they could find u verdict, and 
 thait, however abhorrent the crime might be to them or to himself, still 
 Jiistice Was not Vengeance, and that here it was Guilt that was to be i>un- 
 falied, ajl<l not a Viotiin who was to be immolated because the natioxx lM.dr 
 deftianded a victim. They must remember that witli them hung the awful 
 iSStie-^that with them L'y the awful choice of life or death. He (Counsel) had. 
 dCne hi^ fluty — it was for them (thejury) to do. theia-s. He had defended the prir 
 sOner to the best of his ability, and he hiul been glad to. do so in the vindioationr 
 of a lofty, .principle, and in the assertion that, the stronger the public prejudice 
 dfdislfllvour the more necessity was there for exertion in defence, and for oppo- 
 sittoh to the deflected current of popular clamor, whose very ticklejiess was its* 
 cftWy'^fe giU«|,rd, but whose oohtinuous uncheclced career o^iight cany with it ther 
 niOst-fef^ldf^Mers. " t liave done my work," he concluded, " I have placed 
 ^6'ryt1uxicjhtn.e "best way in which I \yas capable of doing tio establish the ipri- 
 66her''s ihn<^ence. Of that innocence t Tiave been splemnly assured. May God'guid^ 
 y8u to a rigtt and ^t verdict, whatever be the. issue, or whoever be the 
 Baper^r,'.' The ton, aiwi learned gentleman, who had spoken throughout with. 
 
 u 
 
 ;j 
 
 \4 
 
w 
 
 Pi 
 
 r 
 
 earrestness and emotion, and whose magnificont oratory had carriod every 
 1 stener with him i'wm ilie beginning, resumed his seat at a quarter past twelve 
 amid some involuntary ebullitions of applause, having spoken for exactly two 
 hQun anU. iaxtj inmutea. 
 
 ne,r.i-,-:>t^;fV>-, M htmi^^ The Address for the Croxcn. ^'^aoi^vuyui) %*;■ k^n.-'tuai^ 
 
 At 12.30 o'cloek .T.\>fRs O'Reiij.y, Esq., Q. C, 'rriwn Trbse'culor, rose io 
 address the jury on behalf of the prosecution, i said : May it please the 
 Court : Gentlemen of the Jury : He (Mr. O'Reilly) iiad been delighte 1 to hear 
 the frank admission '" the learned Counsel for the prisoner that the accused 
 had had a fair trial. It was most gratifying to him to haveheam such an admis- 
 sion from that eminent gentleman. The duty of conducting this investigation 
 was an onerous one. It was also gratifying to find that the most eminent and 
 able Counsel at the bar of Upper Canada, had been employed to defend the 
 prisoner, so that no injustice could be supposed to have been dont to liim. 
 Gentlemen, (said Mr. O'Reilly) you have had the proof of that ability in tlie very 
 able address which you have just heard — an address which was one of the most 
 eloquent ever delivered at this or any other bar. It was his (Mr. O'Reilly's) 
 duty to caution the jury to consider the facts ; he must cautio!\ the jury not to 
 alk T their attention to be carried away by the eloquence of his learned friend. 
 His learned friend had referred to the prejudices excited against the prisoner. 
 There may be prejudice against the foul deed — prejudice against the crime — but 
 assuredly there was no prejudice against the prisoner, imless that if he was guilty 
 he should sutler for his crime. Thei-e was a prejudice, if so it might be called, that 
 the man who took the life of Mr. McGee,the man who had stolen up behind him iu 
 the dead hoar of midnight, and fired the fatal shot, from which as they had heard 
 bythe evidence,his blood had run into the gutter,should be punished : but beyond 
 this, lie (Mr. O Reilly) was unaware of the existence of any prejudice wliich 
 could injmiously affect the prisoner. The whole desire of the press and the 
 public had been to lay bare every fact in connection with the foul and atrocious 
 crime which had deprived the country of one of its greatest lights. If he (the 
 learned Counsel) had been instrumental in any way in laying bare these facts, 
 he should go down to his grave with the conviction that he had shared in a good 
 work. If it was true that the prisoner at the bar had shot down the Hon. T. D. 
 McGee, then ho should not go unpunished. It has been said by the learned Counsel 
 that the case for the Crowr* is not such as to warrant twelve men in finding a 
 verdict against the prisoner. But after he (Mr. O'Reilly) had recited the facts 
 of the evidence, he would show that no jury could hesitate in giving a 
 verdict in favorof the Crown, unless, indeed, the prejudice were found on the other 
 side. Great efforts had baen made to excite sympathy on behalf of the prisoner; 
 learned Counsel, the most eminent at the bar of Ontario, had been brought to 
 •defend the prisoner, not merely, perhaps, to obtain a fair verdict, but to make 
 a feeling in favor of the prisoner. Efforts had been made to create sympathy 
 for the prisoner, but he (Mr. O'Reilly) believed the jury had come to their duty 
 with their minds like a f<heet of clean white paper, without a single record on it 
 regctrdmg the case and that they would rctuni their verdict strictly in accord- 
 ance witli the evidence they had heard, without reference to any outside 
 impressions or influt-nce. The responsibility of that vertlict did not rest with 
 them ; it was for them mei'ely to say whether, according to the evidence, the 
 prisoner at the brir was guilty or not guilty. There was circumstantxjil as 
 well as direct evidenoo to connect the prisoner at the bar with the crime for 
 which he is charged. In order to establish his guilt it would ohly be necessary 
 to follow up his history from the fii-st time they hfil ma»!e his acquaintance ill 
 this country. They had heard a witness swear that ho kne.r the prisoner in 
 Quelle two y»mrs ago as Sullivan. The next they heard of him vas in Montreal, 
 where he was known under his present name of Whelan. At that thne there 
 was an election contest going on between Messrs. McOee and'IK»vlin, i'i'olitical 
 feeling ran very high anfl strong exp'essions were indulged in Ly tu? iriends of 
 the candidates on both sides. It is customaiy during times of election excite- 
 ment to use strong language ; bat lie (Mr. O'Reilly) ventured to say that no 
 such expressions were ever uttered at any other election as those which were 
 
ri) 
 
 facts 
 
 8woin to as having been used by the pridouer during thi.-* ono, according to the 
 testimony of the witiiessea Faulkner ajid Turner. When they found, as they 
 had found by the evidence, that the prisoner had K^ft liia shop and devote<i 
 liimself exclusively to the work of <!ppo8ing Mr. i(toGee's return, they \vould 
 see tlial u more than oixlinary tooling of hostility wan uianifested by tho 
 prisoner tovv-ards liini. Tlie ])ri8oner tells the witness Faulkner tlmt Mc- 
 Gee " in a traitor and deseives to )>e shot." lie i^ found with a pistol 
 going to a picnit ; the pistol to be used in a row if one sljould take place ; or if 
 not, iv, is to be used for practice on r« lonely island, whcjsre the prisoner could 
 try hid yjwficiency in its use unobservf-d Then tliey had Mr. Inglis, the witness 
 who told them of threats used by the pripoiier, and referred to the priwner's 
 having Icen up nt McGee's house on a particular occ&flion. Tlie same witness 
 had tol< ihemthat the prisoner stud I*IcGee was elected, but that he would not 
 take lii.s s<jat, or if he did that lie would not reign long. ;^Iow was this? Why 
 would not McGee ' >ke his seat, or why would he not reign long ? The witness 
 had given tlie vat. ^r, when he asked : " WhofiWouiddoanything, to him ? "' The 
 prisoner at tfoe bar had said, " If nobody else would <lo it, J would." They 
 ibuxvd that the prisoner had marie a visit to Mr. McCiree's house, and it was only 
 fair to assume that tliis visit was for no frionflly purpose. The ieai-ued Counsel 
 for the defenc*' had raised no question as to tlje oopj'ectfless of the evidence of 
 Inglis an<l Faulkner, that evidence had not been impeached. These witneds^S 
 had spoken of the threats many times reiteraitt.:d against the life of the Hon. 
 T. D. McGeo. As to Turners evidence the learn<^d Counsel said it should not 
 be believed— but why ? Merely bocuse Turner hafl made a fuller statement 
 before the Court than he had before the I'oUce Magistrate ? Becauso he had 
 said mo;ce in his second examination tiian ha<l uppeai ed in liis first ? He (Mr, 
 O'Reiliy) would tirst see what Turner's evidence waa, and would then discuss 
 its viUue. It had been shown when Turner and Whelan became ftcquainted-— 
 their intiniacy had been established by a photogiaph, in which they had both 
 appeared together. Now, the prisoner had used expidssions before Turner, 
 sucli as that lie would himself go up and shoot McGee, if nobody else would do 
 it. Then, again, he liatl admitted that he had been up to McGeo's house with 
 JJnright. Why should he go to McGee"s house? Why should the prisoner at 
 the bar feel indignant witli McGee for having denounced Feniuuism ? Wsis he 
 (the prisoner) the special guardian or pi-otactor of Fenianism, that he shoiUd 
 undertake to destroy McGee's life for liaving denounced it ? Surely -it wa^ a duty 
 for the Hou. Mr. McGee, as a representative of the i)eople, to have denounced 
 that vile conspimcy ; and yet they lind that tlie very day the prisoner had read 
 ^at speech he denounced Mr. McGee, liad u (juarrel with Iiiw wife, an<l remained 
 out all nigjit. Tliey heard of vbe prisoner tleclaiing thsi,t he would '* blowi 
 McGee's bloody brains out before the session was oyer." The Crown relied upon 
 these declarations to show cho intention of the ,' ler. Again it had been 
 testified that when McGee passt u in liis carriage, \ . .^ i>lu'»8e had been used by 
 the prisoner, "It was well we did not get the bloody old pig that night." What 
 night? The night, no doubt, that the prisoner had gone up to Mr McGee'a 
 house with anotiier. The Crown relied upon these expression-, not becaune 
 they had been used in a few solitary instances^ but beca,use tliey iiud been tnado 
 use of time and again over a considerable period of time : .because several wit- 
 nesses had sworn to them; and because of these i'eiterftt«d accumulations of 
 testimony sworn to by witnesses from Montreal, and because t^ubsei^uent facts 
 had justilied the estinnUe plaoci upon these expressions. For these reasons the 
 Crown hatl relied upon this testimony to pi-ove the intention of the prisoner at 
 the bar. He (Mr. O'Reilly) had been .accused of having iiiiled to fulfil the pro- 
 mise which hq made in his ojwning address that h<^ would prove that the death 
 of McGee had been ])lanncd by a conspdi-acy in Montro4.L But if the evidence 
 of tjje wituess Wade wac to be relied on. what othei' conclusion could they come 
 TO? That evidence was of tlie most damning character agiiinst the prisoner. 
 Wade had igiven a fujl description of the pjuties who met together in Montreal 
 Mj<l plawied the mvu'dor of .Mr. McGfee, and it appearetl, from the evidence of 
 ttia witnes.^ tb<i,t the prisonev at the bar wa.s the man who had been appointed 
 
imp 
 
 It'' 
 
 ii 
 
 to caity oat their piirt«>s'p. Thfe' \<'nrrls had boon us'M in the prosenco of the 
 witness Wnde — "If h* <»»inot bfe taken out of tho \vny here, i^ mn^ lie else', 
 Wfctere.'^ fhe eviflen<!© had shewii tHat the atteibpt h<\d b^en nirifje in MontredJ^ 
 but it had failed,' bie«5<au&e the tlhie had not y^t corr^e. Th6 stranger in tiio coni- 
 
 Eany, aocoi-ding to Wnde's eyid6ttce. had indieaterl Who vvas going to do tho deed. 
 [e iiafl clapped the pi isbnw on'the shouldef , flhd, srtid * ' Smith here is the man for 
 the job. He is soulid on the goose*!*' Then to give irteaWng to this expression 
 another of the compaiily Sttys *' D'Arcy; poor devil ! if he knew whht Was in store 
 " fbr him, he would rUh hWiiy as h* <\id befoiHi^." A^'to the hatne of Smith, whidJj 
 had been used to designate -^h^' prisoher iti this'irtstnnce, they would lind its 
 eonintection with other evitlehbe hei'eAff (?r. The landlord of tho tavern said theti 
 " Why do you call hih'i Smith and SuUivrtn, when yOn know that Lis name r» 
 AVholan." These fattts, sWOWi to by Wade, sheWed the ^kist^nce of a conspiracy, 
 of which the CrOWii Anight riot have the full particulars, but they hji(l fiicts 
 enough of the efjristence of Which the couhti'y little dreartied, to establish the 
 existence cf that conspiracy. ^ITie evidence still accumulated at Montreal.. 
 They found that on New Year's night. When every one vfas atipposed to b0 
 paying visit* of friendship to his iTieighbor, the prismifer had gone to' the house 
 of'Mr.'Mo(*ee, according to the evidence of Mr. McQee's brother. Why did he 
 go ther^ithnt night f It wtts evident that Mr. McGee Was on bis guard. Wlxen 
 his Iflfother told him thttt tWo tacn wanted to see him, he aaid, ''Let them in^ 
 but you must stand by me." Why should he say " you must atahd by tne.'" 
 weto it not that he krieW he had beeh threatened, and that he should be on 
 hie guard. He haa thus shown his consciousness of danger. ' Mr. MoGee'a 
 IbrotFier returned to the door, but only found Wholan alone, the dther man had! 
 gone away. The pnsoner then went ili^stalrs with Mr. McGee's brotiher, and 
 reported that an attack was about to be hiade on his house. Mr. McjQeo then 
 \Trote the l<*tter, aboiat t?vo o'clock' A; ni., ^T^uch the prisoner, rfepresentihg 
 himself as '' iSftiith of tho Orand Trlihk," had tak6h itt charge. But though h& 
 left M<<jee'Ei house beftJre two o'cldek^it had b^fert proved' that he did ndt deliver 
 the letteT to the polibe until nearly five o'clock. Wlxy was it not deliverSlf 
 before ? Coiuld it be possible that tlie prisoner did not know where to find the 
 police station ? Hfe would hardly be believed if he ssiid so. There he htfl 
 been actively eng-aged in an elocution contest which i-equired that he 
 Should know the people, arid it ootid not supposed that he would bia 
 igttorant of where the letter ought to be delivered. Why did he not ask the 
 first policeman he met ? It had been arglied that this was a fiieiwily visit, but 
 the Crown held that it was a diabolical visit — a visit for a diri,bolical pnrpose*. 
 They had heard by the evidence of the Witness Turhet, that thiit Visjit had heeti 
 undertaken ibr the purpose of shorttittg Mr. McOee, but that tSie " iTttetai'd bro.' 
 Uher of MoGee's had Opened the drtornhd put the key in hid pockd't." The 
 question miglit be asked, why did not'hlis confederate stand to him like a man. 
 Me had disappeared when Mr. McGee's brother catne down stairs, and perhaps 
 God might have softened his heart, as He does sometinies the hearts of thosO 
 who are about to commit great criihes. They had thua seen the prisoner in 
 Montreal threatening the life of Mr. McGee, going to hli^ liouS^, and otherwise 
 carrying hbnself as a m<in who JiAd some design upon his existeihcie. Next they 
 fctmd >um at Ottawa when McGee came to Ottawa ; they foatel that when. 
 McGee went to Montreal. Whelan returned to Montreal ; and when McGe^ 
 came back to Ottawa, they fbund thHt the prisonel' still do^ed his footsteps. 
 In Ottivwa they founa the prisoner with a 16a<ted jilstol in hi^ drawer, and niet 
 liiistol was loktei under his pillow. They found him going to the House o^ 
 Ommons with this pistol in his pocket. Wliy should the prisom^r cany a 
 pifetoi? Why should it be with liim all the time? Is society kd '.baft in Ott^Wa 
 that .\ man requires a pfetol to defend himself? AecoWing to th^ evidence pt* 
 F««>kner, wht» himself i*'a tailor, men of the pri-^onet-'b cIkss Aeldom carry such 
 a weiipon. Why then should the prisoner have catried it ? Why have liaxl it 
 about him? Having now followed the pri^fter from Moritreiil to Ottawa, we 
 find that he is a frequent visitor of the galleiy of the House of Gommons. On 
 the fKtttl night he \b seen to eome in there about hsifpai* ttine- O^Wck. He is. 
 
m 
 
 noticed by one of the witnoases as being restU-ss and iinxiou.s. On that night h(^ 
 had tlireo or four companions. Mr. McCJeo waw spenkhig, and he (Mr. O'Keiily) 
 liiid heard that never on any occasion was he more eloquent. He was defending 
 the question of the Union of these Provinces, a question which may pei'haps 
 engage the attention of our public men for years. lie was spe;iJ<;ing at the 
 time against Dr. I'arker's motion for the recal of ' Dr. Tupper, and he 
 happened to have occasion to allude to that motion na being, if carried, 
 like "striking below the belt." At that very instant the prisoner had 
 l)een seen to make a threatening demonstration towards Mr. McGee. He 
 pointed to the speaker and passed his hand over his pocket, and one of 
 his confederates went through the same motion. Who was this man, who 
 had thus threatene 1 McGee ? Why 1 the very man who said in Montreal that 
 McGee was a traitor, and ought to be shot — who had said that if nobody else 
 would do it then he (the prisoner) would — who had indulged in all the threats 
 that they had heard brought out in evidence against him. McGee was then 
 noticed to have left the Chamber, and the prisoner left the gallery. Why this 
 watch ujion McGee's movements ? Why should the prisoner have gone down 
 stairs because McGee happened to have passed into the Library ? And then when 
 the House had adjourned the prisoner is seen at the outer porch, watching for 
 somebody 1 And he alone I No person was near him then. What was he there 
 watching for ? In three minutes afterwards Sir John A. Macdonald leaves in his 
 carriage, accompanied with his colleague, the Hon. Mr. Macdougall, and the 
 prisoner has left his watching place — not in the direction of liis own liome — but 
 by the main thoroughfare. Is not this another cause of suspicion ? He (Mr. 
 ( >'Keilly) might refer to another suspicious circumstance. A few nights before 
 the murder the prisoner went into Mrs. Trotter's by the side door, after the 
 house had been shut. He went in there ostensibly for a glass of wine. But, 
 seeing Mrs. Trotter writing, ho tried to get tht opportunity to stay there awhile 
 by pretending that he wished to write sometliing, and only left after he saw 
 Mrs. Trotter was angry at his presence. Why not have gone to his boarding- 
 house at Michael Starr's, where, according to one of the witnesses, the back door 
 was always left open ? Iv had been proved also that the had gone to Mrs. 
 McKenna's, almost opposite Mrs. Trotter's. Why had he gone there ? And on 
 the fatal night, it had b«en shewn that he did not go from the Parliament buildings 
 in the direction of his home. Who saw him on that fatal night, after he left the 
 Parliament buildings? Gentlemen, the Hon. Thomas D'Arcy McGee saw him 
 that night ! or the shadow of the murderer crossed the Hon. T. D. M'Gee's path ! 
 Thomas D'Arcy McGee saw Patrick James Whelan that night; or he saw his 
 shadow across his track ; and the quick footsteps which the learned Counsel 
 referred to as having been heard by Mrs. Trotter were the footsteps of the Hon. 
 Thomas D'Arcy McGee trying to elude his murderer ! And the quick raps 
 which Mrs. Trotter heard at the door, were the "aps of the Hon. Thomas 
 D'Arcy McGee trying to escape from his murderer whose shadow he saw upon 
 Iiis path ! And the sharp tapping at the door (the learned Counsel suiting the 
 action to the word) which Mrs. Trotter heard, was poor McGee's last eflbrt to 
 escape from his murderer, who, with pistol in hand, and within five feet of his 
 victim's head, had fired the fatal shot I The Crown charged that the prisoner 
 at the bar had done this damning deed which called upon heaven and earth for 
 vengeance (Sensati<>n.) To connect the prisoner directly with this part of the 
 frightful tragedy the Crown offered the evidence of the witness Iiacroix. That 
 witness's testimony has been attempted to be discredited. But Lacroix was a 
 simple-minded French Cansulian, incapable of concocting the narrative he luid 
 tolcf before the jury. It would have been easy to have established the fact if 
 Lacroix Y ad not come from the Chaudiere that night. It would have been easy to 
 have shewn that he was not there to have seen the one man following the other 
 man, and shoot him in the act of opening the door of his own losiging-house. 
 Yet this witness Lacroix had detailed the whole circumstances of that event ; 
 he liad seen the one man come in behind the other ; had heard the pistol shot ; 
 had seen the prisoner turn away, and come in collision with a post and exclaim 
 "Jesus," a ftliraso which i'roci otlier evidence, thoy would uncfersland, v/as one 
 
82 
 
 T 
 
 'i 
 
 ■-.-(• •! 
 
 in very familiar ufg b}' tlip prisonor. This witnops wa« vnry much afrairl — 
 eapecially when seeing the dotnur the prisoner had made after firing the fatal 
 shot — thinking himself' in danger, he had gone home. His learned friend had said 
 that the gate of the lane into which the prisoner escaped was shut ; hut surely, ho 
 whocould have done the deed which had just heen described could open or shut the 
 gatc at his pleasure. It had been said why, did not Lacroix arrest the prisoner, or 
 fly to the assistance of the murtlered man ? But gentlemen, test the ca.se by 
 your own experience. Would any of you — being strangers in the city, and 
 afraid of appearing in court — have done otherwise than the witness Lacroix ? 
 His learned friend had said that this was a damning fact against Lacroix ; yet 
 he (Mr. O'lleilly) Y.as prepared to meet him on that ground. No man, being a 
 stranger, would expose himself to the risk of being caught alone by the side of 
 the murdered man ; still less might he be expected to do so, when he was but 
 a simple-minded French Canadian, afraid of having to bf, called upon as a wit 
 ness. It had been attempted to discre<lit the evidence of this witness, Lacroix, 
 by getting a number of men the'-e to swear — with the holy gospel in one hand 
 and five dollars in the other — that they would not believe him on Iiis oath. But 
 gentlemen, that evidence should be discredited at once. Had they not had 
 witnesses before them to swear positively that they had seen Lacroix on the 
 street on that night ? And they had had the evidence that on that night ho 
 had mentioned what he had seen. But even dismissing the testimony of La- 
 croix, when the prisoner was arrested there was found a chain of circumstantial 
 evidence sufficient to connect him with the murder. His pistol found to have 
 one chamber just freslily loaded ; and the bullet which had been found in Mrs. 
 Trotter's door, was found to correspond exactly with the other balls in the jiri- 
 soner's revolver. Then compare Lacroix's description of the manner in which 
 Mr. McGee fell with the evidence of Mrs. Trotter. There they would find that 
 Lacroix had described exactly what liatl taken place ; and it appeared to hirn 
 (Mr. O'Eeilly) providential that such a foul murder should not liave gone un- 
 avenged, and that, therefore, an humble instrument in the person of the poor 
 French Canadian Lacroix should have happened to have seen the deed. The 
 learned Counsel for the defence had warned them against attaching tiny 
 value to circumstantial evidence. But the cases he had quoted were 
 held under threats or prospects of reward; there were promises of ;4ome 
 advantages or the pressure of punishment, such as the thnmb screws and 
 other tortures used in olden times. But in this case no such parallel 
 could be established. No pressure had been put upon the witnesses in 
 this case to make such statements as that which they had sworn to. Did 
 the^ think that Andrew Cullen was a perjured witness ? They could not 
 believe anything of the kind ; it was impossible to suppose that he could 
 be so. Yet what did Cullen swear to ? He testified that from half past five 
 until half-past eight o'clock, he and th a other witness — Hess — had listened to 
 the conversation of the prisoner with his confederate Doyle. [Mr. O'Eeilly hero 
 read over the evidence of Cullen and Hess, and commented thereon.] Why 
 should the evidence of Cullen and Hess be doubted ? Why. if the ^ -isoner 
 were not guilty, should he have laid the blame on the use of wlusky I But in 
 addition to the evidence of these two men, they had lieard the testimony of 
 Mr. Litle, a respectable farmer of Nepean. He had sworn to the conversations 
 overheard as coming from the prisoner ; and if these three men — Cullen, Hess 
 and Litle, had sworn falsely, and if the jury pronounced a verdict on their evi- 
 dence, the blood of the prisoner would be upon their heads, not upon the jury. 
 The learned Counsel for the defence had ^aid, " Why did not tb<? Crown call thi 
 
 {)risoner Doyle ? " He might reply, why did not the defence call Dorle ? His 
 earned friend had waited half a day for the witness Mitchell, who knew nothing 
 at all about the conversation — who was locked up by six o'clock before the con- 
 versation had commenced. Why, then, did not the defence call Doyle ? Doyle 
 knew who murdered McGee, for he had said, "Jim, I'm sorry you done it," aixl 
 that was a reason why the Crown had not oalle<l him. But whv had the defen«'e 
 gone all the way to Cincinnati, when there, in the very gaol, almost within the 
 sound of his voice, was the rmm who could have testifieu as to that convereation. 
 
 \ 
 
 il 
 
83 
 
 Mitchell's testimony amounted to nothing, as he had admitted that he was re- 
 moved to the cells at least by six o'clock, and ho (Mr. O'Reilly) thought he 
 might retoi't on his learned friend by saying, why did not the defence call 
 Doyle ? The leaniod Counsel for the defence had not thought it worth 
 their while to refer to Quinn's evidence. It was well that he had 
 not done so, for it would not bear discussion. If that were true then 
 Storr's evidence must be false, and Graham's evidence must be false, and 
 Buckley's evidence must be false. The evidence of Storr was most remarkable 
 and direct, and the memorandum he luwl taken was one of the most remarkable 
 ever produced on a criminal trial. It showed that the prisoner was flitting 
 about the House like an uneasy spirit. In conclusion tlio learned Counsel said 
 tliat in conducting this case he had discharged what he felt to be his duty to 
 liis comitry, and he would not, in closing his address, indulge in any figure of 
 speech ; but merely remind the jurymen in the woi-ds of their oath that they 
 should well and truly try tiie prisoner at the bar — and true deliverance make, 
 accoi-ding to the evi<lence — and mfiy God help them. Mr. O'Reilly spoke for 
 about an hour and a h:ilf, and w<is listened to with breathless attention. 
 
 .. ^y *>> ''^' -'< The Judge's Charge. =-'-^i - ''>''--a ..i^ ^'_^/.■ •£;.&* 
 
 He warned tlie Jurors of the importiince of divesting their minds of all 
 foregone conclusions, either for or against the prisoner, and to approach the 
 consideration of the evidence which they had heard sworn to, m a spirit of 
 ciuidor and fairness, discai*ding from their memories all that the eloquence of 
 the Counsel for the prisoner and for the Crown may have said which is not put 
 before them in evidence, as the duty of these gentlemen was to present their 
 diti'erent views of the case in the best possible light, and as great care and ability 
 were displayed in the addresses they had heard from the able Counsel in this 
 case. Having done their duty, the jury and his now began. To aid them in 
 ai'riving at a correct verdict, he would read over the evidence from beginning to 
 end. Nothing requiring notice appeared until he reached Mrs. Trotter's evidence, 
 where she described the noise at the door which was fan- to presume was caused 
 by the murdered gentleman, ho had in all probability got a glimpse of his 
 assassin, and hoped to gain admission into the house, and escape with his life, 
 and this must have been the cause of the attention of the witness and inmates 
 being attracted to the door. Then the circumstance of the prisoner hovering 
 around that house and neighborhood, sworn to most positively, forcing his way 
 into the house of the witness on pretence of obtaining liquor and writing 
 majterials, and other pretexts ; but was not all this with the purj >se of meeting 
 the deceased, and if so, for what object ? The Judge then referred to tlie plan 
 drawn by Mr. Perry of the localities mentioned in the testimony, and also to the 
 evidence of Mr. McCarthy who did not see any one or hear any shot. Dr. 
 McGillivray subsequently testified to the shot and its elft>cts. and Mr. McFar- 
 iaue's (M. P.) evidenctj was then commented on. The learned judge then read 
 from Lacioix's evidence at great length, comparinghis statements with those of 
 other witncisses, Doublleas dress had a great 1 T to do in the identification of 
 a person as well as the featur"H of the fa<<'. Tbo jury must see by the efforts 
 made by the defence to destroy or weaken this witness's testimony, the impor- 
 tance they must very justly attacli to it. Did they f^hcke his credibility by the 
 witnesses they produced, who certainly appeared here to no greater a^lvantage 
 than this poor ignorant Frenchman wliom tlie defence seemed to despise so 
 much ? If they believed the testimony of Lacroix in the main, the same 
 circmiistancos may not bo correct in every minute detail, then there is an en<l 
 of this enquiry, fia he swears positively that he saw the prisoner fire the fatal 
 BhoL They would (i«je by the evidence for the defence how far tliis evidence 
 wm contradicted oi destroyed. It Wiis al&f) a fair subject for reflection if a 
 Mnplc minded man of the character of this witness could fabricate such a story, 
 »nd if hio, could he cwry out Ixis nairative in every detail, m seems here to bo 
 dotio. The jury were tlu' judges of these facts. The evidence was read down to 
 that of Storr's with few or no comments referiing to facts sworn to by this 
 ^itaoss as to the threatening attitudt) of the prisouer in the gallery on that 
 
 6» 
 
84 
 
 fatal night, jind the expressions of his countenance. These wore often fallacious, 
 as indicative of the state of the feeling passing through the mind at the time, 
 hut the restlessness of the prisoner on that occasion was a much surer criterion 
 to judge him hy. The entry made in the diary of this witness on that night 
 before he went to bed or heard of the murder, if they credit it, seems to point 
 conclusively to this prisoner. 
 
 Constable Pinard's evidence seems to agree in the main with that of Constable 
 Jordan's, but they were both subjected to a long and embarrassing cross- 
 examination by the defence. Their evidence was very important in deciding 
 the fate of this prisoner. It is worthy of remark here that the same facts do 
 not strike the minds of all men alike, one notices wliat another overlooks or 
 disregards. Some forget dates, names, and places, which oHiers reme/nber 
 very clearly. The turn of mind of this class of men must also be remembered 
 in sifting their evidence, and the reasons or motives they could have in doing 
 or saying anything wrong. 
 
 John J. McGee's evidence seems very important, as it raises the question of 
 the prisoner's purpose in visiting Mr. McGee's house on New Year's night 
 last — was the motive a friendly or sinister one ? Why was the letter delayed so 
 long if his motive was good or laudable ? Or if the precautions had not been 
 taken of locking the door, did they believe the prisoner would have made an 
 attempt on the life of the deceased, then and there, in accordance with previous 
 threats? If the motive were friendly, why have delayed the letter until a ptiriod 
 when all assistance would have been useless to save life or property, or why use 
 the name of Smith ? 
 
 Tlien reaching Faulkner and Inglis' evidence, the Judge remarked that 
 the defence seem to have allowed the testimony of these two witnesses to pass 
 unchallenged, and so they must now fairly assume them credible witnesses. 
 Let us see how damaging their testimony is to the prisoner. He then cited 
 authorities to show how much previous threats affect a prisoner, similarly 
 situated to the present one. 
 
 Mrs, McKenna also proves that the prisoner, with one or tAVO other asso- 
 ciates, were frequenting her house in the vicinity of the deceased gentleman's 
 boarding-house. Was this also with a mischievous design ? 
 
 We now come to Turner's evidence, which, if they believe, is most 
 damaging to the prisoner. The defence objects that this witness in his 
 depositions before the Police Magistrate and prisoner, said nothing of 
 the conversations in the glass pantry at the Eussell House in this city 
 between prisoner and Doyle, and so throw doubt on his other statements. 
 The Crown meets tliis by proving from witnesses that he thought he was only 
 interrogated with regard to events in Montreal solely, and so did not relate this 
 circumstance either to Mr, McGee in his lifetime, or to the authorities tlien. 
 Neither did he tell Mr. McGee that this prisoner was dogging his steps here in 
 Ottawa since his arrival, after his visit to his house on New Year's night, 
 apparently with a friendly motive, though under an assumed name — but it was 
 only proved after the fatal act that the prisoner wsis the same party who paid 
 that visit under such cii-curistances. 
 
 The defence called a tv imber of witnesses to contradict some portions of this 
 witness's evidence, and it will be for the jury to say how far they have succeeded. 
 
 They all seem to have one object in view, to prove that his evidence was 
 given for the reward, and that for that or a less sum, he would swear away his 
 grandfather's life, though they will observe even a discrepancy amongst them- 
 selves on this point. Wade's evidence is also very important, and though he 
 may be mistaken as to some dates of the meetings of the prisoner aii'l his as- 
 sociates at Duggan's, in Montreal, (where undoubtedly he did board f©r the time 
 so stated), still tlu ye were material facts sworn to which were not attempted to 
 be contradicted But it must be remarked, that many of the witnesses for the 
 defence, if not all swenr they never saw the prisoner before in their lives, there 
 or elsewhere ; though Wade swore that they met and had these different con- 
 versations which he ui tailed. These flat contradictions are often met in such 
 cases, and it is for the jury [<; iecide between them. Then comes the confes- 
 sion of the prisoner with Doyle in the jail. Cullen details this coeversation very 
 
'85 
 
 minutely, and if they believe it true, it is almost conclusive against the prisoner. 
 
 Th(? learned .Fudge here read extracts which if not hiw, was sound reasoning, 
 in which it was stated that confessions extorted by detectives from crim- 
 inals under threats, &c., were to be guarded against, that detectives reverse 
 the dictum, that all men are to be presuiiied innocent until found guilty. Con- 
 fessions are very dangerous if obtained V)y unworthy motives, but not so if fairly 
 obtained and honestly quoted. Are they satisfied that the prisoner used those 
 terms, and are they such as he might probably have employed — and were they 
 used in a clear, distinct voice, not ambiguous. It was said by the defence that 
 Turner's evidence was based on this confession, but they will remark that there 
 is nothing said by Turner of the notoriety that this act would give the prisoner, 
 whilst the is in the conversations. These are some of the facta that will strike 
 the jury themselves, and it is to assist them in unravelling the webb of intricacies 
 that the Court dwells on these minutia;. 
 
 The evidence for the defence was read over carefully by the Judge, liut 
 there were few new points which called for any comments. Having finished the 
 reading of the entu-e evidence, the learned Judge proceeded to remark that 
 now having heard all the evidence they would see it was not disputed that the 
 prisoner carried around on him a pistol with one of the barrels recently dis- 
 charged, and reloaded with a ball cartridge, such as those found on the prisoner 
 at the time of his arrest. That the ball resembled in every particular the fatid 
 bullet. That he waa in the House of Commons that night, and left in time to do 
 the wicked deed. There was no reason proved why he carried such a weapon 
 recently discharged, and greased, and reloaded with a bullet different iiom all 
 others in the pistol, but identical with those found in the cartridge box on 
 prisoner when arrested the day of murder. 
 
 The defence pretends that this barrel was empty from the 19th February 
 until the 7th of April, being from the time when the ball lodged in the servant 
 girl's arm, until the fatal day of the murder. Prisoner was proved to be hovering 
 around the locality continuously. If they believe the witnesses Faulkner and 
 Inglis (and there is no reason why they should not, that he could see) they 
 swear distinctly to threats of vengeance in strong and unequivocal language. 
 Now, could the prisoner have committed the deed ? The Crown say they have 
 proved it. Lacroix says he saw it. The natural language of every man is truth. 
 What motive can Lacroix have for swearing folsely ? Can it be tlie reward, as 
 the defence pretends ? Having seen the localities mentioned by him in his evi- 
 dence you can judge of its correctness. Turner next appears, intelligent and 
 truthful, who seems to have been friendly and well disposed towards deceased, and 
 did hear these threats made. The defence says that the reward influenced his 
 conduct also. He proves that he warned Mr. McGee, in Montreal, of prisoner. 
 If you believe the experiments made quite lately to test the truth of his state- 
 ments about the conversations he heard between prisoner and Doyle in Russell 
 House, and I see no reason for doubting them, this circumstance also will go far 
 to prove his credibility as a witness. It may be possible that Wade might be 
 mistaken as to the person and date of the alleged meetings of the prisoner with 
 his associates at Duggan'a house in Montreal, though they must have remarked 
 the suspicious manner in wliich the evidence of some who were produced to con- 
 tradict his statements was brought before them. The confessions seem to supply 
 any possible lack of evidence, if they believe the statements made frequently 
 and unreservedly, and when the prisoner was olf his guard. The language is 
 clear. They were confederates. The prisoner seemed to think he was immor- 
 talized by this deed. If they believe these statements they must act oit them 
 regardless of any consequences. Now let the Jury ask themselves as men, is 
 the prisoner innocent of the crime laid to his charge? if they can bring tliem- 
 selves to that belief they will gladly say so, he was sure, a^ a pleasing duty. 
 
 Don't stretch your imaginations, but as twelve honest men have the 
 reasonable doubt. Don't trifle with your consciences, or seek for doubts where 
 there are none. Society looks to you for justice ; no matter what the con- 
 sequences you are bound to declare fearlessly of the prisoner, guilty or not 
 guilty of the heinous crime with which lie in charged. 
 
 Thk Juky tUon i'eti)'<Hl, 
 
86 
 
 r*i 
 
 •}'»f"^ TuESDAV, 15th September, 1868. 
 
 The Court opened this morning at nine o'clock, at which hour His Loi-dship 
 took hia seat upon the bench. The priHoner Whelan was then sent for. and 
 Hoon after was })rought into C!otirt in charge of Constables Davis, Atkinson and 
 Joi-dan. He appeared unusually calm and self-possessed, and was attired 
 altogether in plain black. 
 
 The .lury, which had been locked up nil night, were soon afterwai-ds 
 admitted into Court, and in answer to the question, wliat wns tlieir verdict, 
 replied, " GvUfyl'' 
 
 James O'Rku.ly, Q. C, the Crown prosecutor, then moved for the judg- 
 ment of the Court upon the prisoner. 
 
 I lis Lordship then ordered tlie prisoner to stand up, and asked him if he 
 had nny reason to urge why the judgment of the Court should not now be pro- 
 nounced against Liin ? ; 
 
 The prisoner at once advanced to the fiont of the dock and said : > 
 
 " My IjOud and Gentlemen of the .Juky — I have been tried and found 
 guilty of this crime, and of course I am held to be a murderer. 1 am here 
 Btanding on the brink of my grave, and I wish to declare to you and to my God 
 that 1 am innocent, that 1 never committed this deed, and that, I know in my 
 heart and soul. In the next place I have been charged with being a Fenian. 1 
 nssure you and eveiy living soul that 1 never was so at any time — at home or 
 abioad. I certainly did belong to a society — the St. Patrick's Society here — 
 not to the Montreal Hibernian Society. It has been said that I was a marshal 
 oi' this Society. I was so ; I was asked if I could ride, and I said I could, and I 
 was accordingly elected. The prisoner then deUiiled his residence in Quebec, 
 and his going into drink, when on his way to the Citadel, and continuing ; I 
 went into a tavern with O'Brien, and during the conversation which ensued, 
 O'Brien offer<^d one of the P. 0. O.'s $i!0 to join the Fenians. I Wiis arrested 
 and brought before Judge Maguire aud discharged. I gave my name as Sulli- 
 van — my mother s name — not wishing to have it in the papers. It was my 
 mother's name. I was a Sergeant in the Quebec Volimteer Cavaliy. Captain 
 Scott knows my character. I still retained the same name. But I had gone by the 
 name of Wlielan in Quebec, the name I go by now, and thousands know it. 
 I loft Quebec and went to Montreal, where I was twelve or eighteen 
 ; months. I did not assist in the McGee Devlin election. I was asked by 
 a man to act as sci'utineer in that election ; I did not know what 
 ''scrutineer" meant, as it was the first election I ever was in. I waa there 
 until November, and then went to Ottawa. Tliat ended my antics. I took a 
 house on the market and intended to settle here. I wrot-e several letters, all 
 to my wife, telling her I would be down on Christmas certain. On the day 
 before Christmas I left the shop, starting at half-past one by the train for 
 Montreal, where I got between 12 and 1 on Christmas morning. I called at 
 Mrs. Scanlan's first. I stopped there three or four days after New Year. On 
 New Year's night I was drinking in a house, which is well known, with two 
 friends. I am speaking pure facts. When theie, I heard them talking about a plot to 
 burn MoGee's house. There was a boai^l between me and the men. The men 
 said these words : " This is the night Mc'iJee's house is to be burned. I said to 
 my friend nothing would do but to go there, as my friend can testify if he is to 
 be found to-day. I went to Mr. McGee's house and told him. John McGee was 
 'not there when I told Mr. McGee. He did not hear a w^ord. I did not give my 
 name as Smith, but my friend who stood at the door did. I knew that I was 
 watched, and that several times my life had been threatened. Two or three 
 days after that, I c«,me here and went to work, never thinking of McG hi. I had 
 never a thought of him in my mind. I went out several nights lo the House 
 after my a ^rk was done. On the Cth, the night Mr. McGee was muixlered, 1 
 was at the House . I had got three, four or perhaps five tickets from Buckley. 
 I got tickets from him that night. I went there from ten to eleven the first 
 time, and came down several times, for a ref\«on which Dr. Sweetland who has 
 since attended me at gaol could explain, I did not wait i-ound the porch. I did 
 not stand like this. [Prisoner here imitated the witness who had testified to 
 his threatening McGee.] While I was there McGee did not speak neither pro 
 
81 
 
 nftr con. T wont down stnlrs ami khvv Buoklpy. I stood with my baok to tho 
 door, thinkin;^ tliat lio wtis rotning <lown. I saw him in the i)fis.s;igo whilo 1 
 stood there. I saw ,Iohn A. Mncdonald drive aw.ay. 1 went round by tho 
 ]>hitfbrm to the left. 1 nover wont down tho centre walic I had hift 
 work nt eight o'clock that day. I washed my hands and dressed. I 
 wore the ooat I do now. It lias no breast pockets (showing it to the ('oiirt). 
 'inhere is a pistol pocket in my trowsers which I mrule to carry my j)istol in. 1 
 Went back to my boarding-honse and sh^pt there. I came down st lirs at seven 
 o'clock in the moming. The night before, when I was going up to the i-ai Uu- 
 ment Buildings, I called in at the Hu'^sell Mouse aufl saw r>oyle. I told liini i 
 was going to leave P. A. Eagleaon's. He said, '' No, don't leive now. VVliui, *•. 
 the use when you're h'aving in a few days to set up for yourself. " Th^L wa,H .alt 
 the exjnversation we had betwc^en us. I had been at Mrs. MoKenna s on two 
 nights waiting for Doyle, one night till two o'clock — that I don t deny, lie 
 (I)oyle) boarded there. I was also at Mrs. Trotter's, V)Ut I did not know thit 
 Mr. McGee boarded there more than the sun in heaven. That's the only tiling 
 1 hiul to do with it. That night 1 was arrested, 1 got >ip at seven o'clock. I 
 did not take br(^akfast. Breakfast should vo Ix^en ready at 7 o'clock, l)ut 
 often waa not, and then I often went awaj without it. I was woricing on a, 
 I)air of trousers which were promised to a man. I worked till twelve, and 
 came back to dinner. I went to the shop, and heard that I'eter Eagles n\ 
 was arrested. I went to tlu^ Town Hall, but would not l>e admiltc^d, 
 I wished to see Eagleson ; then I went to Mrs. Quiim's, Then 1 went to 
 another tailor's shop, next door to Mrs. Trotters where Mr. MctJee boarded, 
 and I staid there some time. After that I wont home and went to work. 
 That evening I went to the Society I ptit on my overcoat, my revolver was in 
 the right pocket, the box of cartridges in tho left pocket ami the rammer on 
 the outside pocket. I took my coat off the nail. I aame back from the 
 Society to the House, and was there a very few miniites when ( )'Neil came in 
 and arrested me. O'Neill asked me what was ths time 1 left the House. I said 
 it was about twenty minutes (prisoner forgot to say wi»at hour) when I left the 
 House. He never indicated what I was arrested for until I had been incarco 
 rated two houra. Then ho told me Mrs. Trotter's son had se«n me running 
 ronnd the Queen's Printer's block after shooting McGoo ; but I know in my 
 heart and soul I did not. I know better than any man. After they had got 
 all they could out of me — you know what I mean — they nlbiged 1 had been 
 seen in the yard, and that my boots corresponded with the shoo marks in the 
 snow — my left boot- print. But the.se charges have not been preferred against 
 me at this trial. On the 22nd of April, when I was in my cell, they brought 
 Lacroix upstairs, and I was pointed out to him. Lacroix said : je ne le connais 
 pas! He said he never saw me. I know he never saw me. Three hours after 
 this, they shewed this man my clothes. He was detained in the office. I waa 
 brought down stairs, and placed between eight or nine respectable citizens of 
 Ottawa. Mr. Powell there, (pointing to thn Sheriff,) ordered us right about 
 face. Then he done injustice — in the sight of God — he deliberately pointed 
 me out to that man (Lacroix). Then he turned us round, and the man comes 
 over, and touching me, says: "That's him." His deposition was taken. L 
 asked to see it, but could not ask him a luestion. I was run out of the office. 
 I know in my heart and soul he did not see me.^ He did not say he saw 
 me. I could ask that man one question which he could not answer. He could 
 not say he saw me. I knew the minds of the people. I knew that they 
 were prejudiced against me ; and men of opulence, too, and why ? Because 
 I am a Roman (jatholio. These are men would I whom scorn to treat 
 as I have been treated. He (pointing to the Sheriff) came to me on the 4th of 
 May, and said to me, "I'll get a fee for you before I'm done with you !" \ 
 have been ill-treated in my cell. They have gloated over me. He (tho sheriflf) 
 came and said to me, " 1 could beat seven Fenians like you I " I would spend the 
 last drop of my blooa for tlmt noble woman whose picture is there above your 
 Lordship (Queen Victoria.) I served her nine years and six months, four of 
 them in India, and to-morrow, if she called mo, I would go for her, and, like a 
 loyal Irishman, shed my last drop of blood in her defence. Now I am charged 
 
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 m 
 
 I 
 
 ■*| 
 
 
 I 
 
 with lioijij? !in accursed, foul assassin ; out I am innocent. I novor took that 
 niun's hlooil, I m^ver owed him spite. I know that he was talented and clever, 
 and the piide of his country. This is my impression, that we lioman Catholics 
 are looked on as traitors ; and why, because there is a feeling in this country 
 und it is a curse t<^) any country — party. I stand here a victim to it in all its 
 shapes. 1 may he iiccused ; I may be fomid ^u'lty, but I know I am innocent. 
 If 1 had been in the same place of the jury, getting the same evidence, I would 
 veiV likely biing in the same vei-diot. I exonerate them I'rom all blame, but if 
 tliey knew the way the evidence for tlie Crowu was manufactured they would 
 ioini a dilfeient opinion. 1 am accused of being a Fenian. Evei-y Iiish Roman 
 Catiiolio has to stand just the same imputation. Any man is welcome in 
 England to say whiit he likes, but if a poor starved Irishman dares to lift his 
 voice in favor of Irish liberty, be is seized charged with assassination, hanged, 
 ilrawn and (|U irternd, or sent in chains to an English gaol, to a terrestrial hell — 
 ont^ of the living damned — 
 
 Chief Justice Richanis interruption : — I have given you plenty opportunity 
 to express— ,, ^^.v .,,»,„,,; . 
 
 Whelan — [ am speaking facta — ' -^ r^ • , ' 
 
 Chief Justice Richards — I have heani you patiently on matters incidantal 
 to the trial, but we are not in England ! 
 
 Whelan — But the.se things were practised on me ; God knows it. lie and 
 me knows all. 
 
 Chiki' Justice Richards — You have been found guilty after a full and im- 
 partial tiial. Regarding the mode in which the evidence against you was ob- 
 tained, your counsel hsui an opportunity of commenting on it. While, by the 
 provisions of our law, a man is hold innocent until the law pronounces him 
 guilty ; now that you have been pronounced gtiilty by the jury, the law holds 
 you to be such, and so must I. So far as I am concerned, regarding the obser- 
 vations which you have mfwie here as to the Administration of Justice, I, as a 
 native of the country, and knowing more of it than you, must I >e permitted to 
 say that every man in this country is equal in the eye of the law, and that as far 
 at least as regards the practice of the courts, is no man especially disregarded 
 on account of his reUgion or country. Your countrymen are on the same level 
 as others, and he himself, whom you just now have said you appreciated, said in 
 language which you well characterize as eloquent, that in this country Irishmen 
 were well treated. In this Province, your sect is equal to any other, and only 
 across the river, you will find it actually superior, as the priests there have 
 rights by law established which they ei\joy in no other country on the northern part 
 of this continent. This commends itself calmly to your more reasonable coun- 
 trymen. You should realize the terrible position in which you are placed. In 
 the evidence as to your crime there are some facts entirely uncontradicted, and 
 from these the jury have drawn the judgment of your guilt. This being the 
 case, the law and all practice readily pronoimce you guilty. I have only to warn 
 you of the dreadful position into which you have been led by your natural 
 impetuosity and violent temper, to murder a man whom you now eulogise. I 
 implore you now when yet in life to consider it. There is but one alternative 
 in the power of the Court, This sentence will be ratified as it must be if the 
 verdict of the Jury is considered to be well founded. There is no possible hope 
 on this side of the grave. Let me then urge you to make your peace with God. 
 
 Setitmce. 
 
 The sentence of thib Court is that you, Patrick James Whelan, having been 
 accused and found guilty of the murder of Thomas D'Arcy McGee, be taken 
 from this place to the place from whence you came and be thence removed on 
 Thursday, the tenth day of December, between the hours of nine in the morning 
 and four in the afternoon, to the place of execution, and there be hanged by 
 the neck until your body be dead, and may God have mercy on your soul. 
 
 The condemned man received his sentence, still standing ia the front of the 
 dock, without any manifestation of feeling, resuming his seat immediately upon 
 His Lordship's conclusion. But, as he was being led out, a few minutes later, 
 he Ungored, brusliing his hat with his coat sleeve, and for the last tbne spoko, ; 
 tuming to the Bench, " All that sentence. My Lord, camiot make me Guilty.V.i 
 
:>k that 
 I clever, 
 itholics 
 Bountry 
 I all its 
 mocent. 
 1 would 
 0, but if 
 (T would 
 1 Roman 
 come in 
 a lift hia 
 hanged, 
 il hell—: 
 
 ortunity . 
 
 icidontal 
 
 He and 
 
 I and im- 
 i was ob- 
 by the 
 ices him 
 iw holds 
 he obser- 
 i, I, as a 
 tnitted to 
 hat as far 
 (regarded 
 ame level 
 d, said in 
 Irishmen 
 and only 
 lere have 
 bhern part 
 ible coun- 
 iaced. In 
 icted, and 
 being the 
 ly to warn 
 ur natural 
 ilogise. I 
 iltemative 
 t be if the 
 isible hope 
 with God. 
 
 •IV i 
 
 mng been 
 ), be taken 
 emoved on 
 le morning 
 hanged by 
 soul. 
 
 ront of the 
 lately upon 
 lutes later, 
 .ijne spoke, 
 ne Guilty.' 
 
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