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INVESTIGATION' Br THE POLICE COMMITTEE, DP THE INTO THE CHAKGES PREFERRED BY AGAINST GUILLAVME LAMOTHE, Esq., Chief of Police ; AND THE PROCEEDINGS OF THE COUNCIL ^ IN REFfcRENCE THERETO. MOxNTllEAL : i'nlN'TED BY OWLEU & SXEVENSON^ St. FkaNCO,. XaVIEK Sr.KKT. 1864. TI •• .^ . - • ' • • - t ' • • • Upoi tween ! in the t the Uni and sec lion of veral ei iataily. been m rages h sought were oi ders. ' within charged traditioi but as t observa of perso of the a before i the Pea proved 1 sonerrf, ^ sum sto Coursol Lamoth day of tl nation o; THE ST. ALBANS EAID. Upon the 19th of October last, a number of persons (be- tween 20 and 30) made an attack upon three Banks situate in the town of St. Albans, in the State of Vermont, one of the United Stales of America, and stole therefrom, in money and securities, upwards of $200,000. After the perpetra- tion of the robbery, the persons engaged in it fired upon se- veral citizers, killing one, and wounding another almost iatally. They then fled to Canada, and upon its having been made known to the Government here that these out rages had been committed, and that the perpetrators of them sought refuge in Canada, prompt and efficient measure's were ordered to be taken for the apprehension of the offen- ders. The result was, that 13 of the gang were arrested within a few hours after the commission of the crimes charged against them. Immediately afterwards, their ex- tradition was demanded by the United States Government ; but as this demand could not be complied with without the observance of the stipulations of the treaty for the surrender of persons so accused, an investigation mto the criminality of the acts with which they were charged, was commenced before Chas. Jos. Coursol, Esq., Judge of the Sessions of the Peace. During the progre.«5S of this investigation it was proved that <|90,000 were found in the possession of the pri- soners, which were fully identified as a part of the laro-er sum stolen from the St. Albans Banks. By order of Judge Coursol, this sum of money was placed in the hands of Mr. Lamothe, Chief of Police, for safe keeping. Upon the 13t1i day of this month, after several weeks spent in the exami- * nation of witnesses in support of the demand for extradition ' /i' 61133 ■ I the accused were suddenly and unexpectedly discharged by Judge Coursol, upon (considering the existence of a posi- tive law to the contrary, the extraordinary pretension that our courts are without jurisdiction in this matter. The moment this judgment was rendered, and before the arguments of Counsel to which it gave rise, and which im- mediately followed the judgment, had been concluded, Mr. Lamothe had handed over to Mr. John Porterfield, a friend of the prisoners, eveiy dollar of the money stolen from the Banks which had been previously placed in his custody for safe keeping. Thereupon Mr. B. Devlin, who had acted throughout the investigation as Counsel Jbr the United States Government, and also for the St. Albans Banks, proceeded to the City Council, and before that body, of whicti he is a member, preferred two charges against Mr. Lamothe. Firstly, With having unlawfully and designedly deliver- ed the money so placed in his hands to the prisoners : and Secondly, With having refused to execute a warrant for their re-arrest, issued by His Honor Judge Smith. An investigation into these charges was immediately or- dered by the Council, and the attention of the reader is now respectfully directed to the extraordinary circumstances de- veloped in the course of the evidence which hereafter fol- lows. The foregoing remarks it must be understood, but briefly and indeed imperfectly introduce the subject. But as the facts connected with the St. Albans raid, and the discharge of the prisoners accused of it are now so notorious and so well known, more extended observation is unnecessary. Besides the very able and eloquent speeches delivered be- fore the Council, when the evidence taken during the in- vestigation, was submitted to them, contain so complete a history of the entire transaction as to dispense with the neces- sity of that the to cam that the able an terized Raider Moni PB Investig Cit\ Esq alle the Phksent lors J\ Coiincill written ch charge wh That the of the Supe offences. Thereup^ ther charge Yeas— ]W Nays— I The vote the charge ter upon th The Chie charge. The folI( evening, wi The und sity of prefatory observations It may, however, be added, that the Government of this country has done all in its power to carry out the stipulations of th« Treaty to the letter, and that the people of Canada heartily regret the unaccount- able and unprecedented failure of justice which has charac terized the investigation into the crimes of the St. Albans Raiders. Montreal, December, 18G4. PROCEEDINGS OF POLICE COMMITTEE. < • « • > Investigation before the Police Committee of the Cmtncil of the City of Montreal, into the diarges preferred by B. Devlin^ Esq., agaifist Guillaume Lamothe, Esq., Chief of Police, for alleged improper delivery by him of the monies stolen from the St. Albans Banks placed in his hands for safe keeping.- WEDNESDAY, December 14, 1864. Phksent:— His Worship the Mayor; Aldermen Rodden, Leclaire ; Council- lors McCready, McGibbon, Devlin, Labeile, Leduc. Coiincillor DEVLIN stated that before entering into the investigation of the written charge submitted by him yesterday evening, he desired to add another charge which he had omitted, to the iollowing effect : That the Chief did refuse to execute a warrant issued yesterday by a Judge of the Superior Court, for the arrest of several parties charged with criminal offences. Thereupon the question was put to the Committee whether or not this fur- ther charge should be received now ? Yeas — McCready, McGibbon. Nays — Labeile, Leduc. The votes being equally divided, the Chairman gave his casting vote that the charge should be received, but the Chief should have sufficient time to en- ter upon the defence thereon. The Chief stated he was prepared to enter upon his defence upon the said charge. The following charge, which was made by Councillor Devlin yesterday evening, was then read. The undersigned Councillor charges Guillaume I^amothe, Esq., Chief of Police with having; upon this 13th day of December, at the City of Montreal, without authority and by design, dispossessed himself of a large sum of stolen money, amounting to between eighty and ninety thousand dollars, which was placed in his hands for safe keeping, to await the result of legal investigation ; which sum of money the Chief of Police it is further charged, delivered to some person or persons not the legitimate owners nf the same, and to the great loss and damage of the persons from whom the same sum of money was stolen. B. DEVLIN. In reply to the charge, the Chief of Police submitted the following stater ment ; — The undersigned, in reply to the charge preferred against him by Councillor Devlin, the accuser, and member of this Committee, begs leave to state- That the accusation is one over which the Council or Police Committee can have or e;fercise no jurisdiction whatever. That he never received the sum of money alluded to as aq officer of the Corporation, but that he was entrusted by the Judge of Sessions with a certain mount of notes and bills found upon the persons of certain parties arrested under the accusation of having stolen the same. That having heard the delivery of the judgments in this matter, declaring that the Judge had no authority or jurisdiction in the case, that the warrant under which the accused had been arrested and dispossessed of the said notes ■was illegal, and discharged the said parties from such arrest, he thought him- self legally bound— advised as he was by professional men— to restore imme- diately the properly to the parties who were in possession of it at the time of the arrest, and who had been declared to have been illegally arrested, such as is usually done in such cases. That he was requested by the said discharged parties to deliver to them the money which had been taken.;from them at the time of the said illegal arrest and entrusted to him, which he did under the impression, not only that he had a right to do it, but that it was his duty so to act. If it is the intention of the accuser, who acted as Counsel before the Judge of Sessions, to elicit from the Committee an opinion or a decision upon the le- gality or illegality of the conduct of the undersigned, he hopes that a sense of justice will prompt the Committee to afford him the opportunity of beingjieard by Counsel before the Committee. GUIL. LAMOTHE, Chief of Police. The Chief stated be had no verbal statement to make in addition to the said document. The Chairman put the question whether the Committee would proceed with Che complaint as against an oflinial act of the Chief or not, and whether or not they would admit an attorney on his beh»lf in this iralter. Montreal, n of stolen which was restigation ; ;red to some ; great loss i stolen. ,VLIN. wing stater r Councillor state — imitlee can ed the sum as entrusted found upon ig stolen the ir, declaring the warrant •\e said noteai hought him- (store tTTfwe- the time of sted, such as ■ to them the illegal arrest f that he had re the Judge 1 upon the le- hat a sense of )f beingjieard HE, jf of Police. on to the said I proceed with vhether or not Councillor Labelle moved, seconded by Councillor Ledur, that the poiot of law raised by the Chiet of Police in bis answer to the charges made by Coun. Devhn, relative to the question of jurisdiction of the CommiUee, to enquire into the facts connected with the same charge, be now referred to the Attorney of the Corporation. f The question being put, the following division resulted :— Yeas — Labelle, Leduc. Nays— Leclaire, JVIcCready, McGibbon. It was then admitted that the Chiet should be allowed to he heard by an Attorney; the Chief said he would so be heard at a later stage of the pro- ceedings. . ' Coun. Devlin claimed to have the right to examine the Chief, which was granted. The Chief being called upon to take the oath declared he was not ready to do so unless he had his Attorney with him, as the matter now before the Cbm- mittee was a serious one, and, although perfectly satisfied that he was right he may require the advice Pi snch attoi'ney. . Edward Carter, Esq., Q.C., and Clerk of the Peace appeared, and being sworn, sailh : Q. Did you, yesterday, authorize or advise Guillaume Lamothe, Chief of Police, to deliver up to the prisoners discharged by the judgment of His Honor Mr. Justice Coursol, known as the St. Albans Raiders, the whole or any part of the moneys placed in his hands for safe-keeping, as Chief of Police, namely the moneys alleged to have been stolen from the St. Albans' Banks by the Raiders? ^ A. I am happy to have this opportunity of answering this question, as I was much surprised to see in this morning's papers, a statement to the effect that after the judgment was rendered, Mr. Lamothe had been advised by Judge Coursol and myself to give up the money ; and no such advice was so given • but I deem it right to add that upon asking Mr. Lamothe this day for an ex- planation, he informed me that some eight or ten days ago, feeling anxious about this money, be asked Mr. Coursol what he should do with it if the pri- soners were released, and that Mr. Coursol answered that he could not hold the money, and that I was present when this occurred, and had acquiesced in Mr Coursol's opinion. I had at the time no recollection of this, but have since been assured by Mr. Coursol that the question had been so put in (hat general form, and^that answer given. It is, therefore, very probable that such a ques- tion was put in that general manner, and that answer given and acquiesced in upon the assumption, however, that the discharge of the prisoners was a dis- charge upon the merits of the case. I desire also to add, that this occurring in the course of a conversation, such an opinion would in all probability be the one given by any lawyer to whom a similar question was put. In conclusion I wish to slate, that pending an argument after Judge Coursol's judgment, Mr II ' 8 Devlin begged of me to see that no order was given for the restitution of ;he money. I, immediately uppn Mr. Coursol leaving the Bench, aaked him not to give an order for the money, and his an8Wority to a J^Tge of the Court having cognizance of the matter, or to an officer of the Crowp before delivering to the alleged thieves such sums of money ? tv.o nnpotior without reference to the amognt of money, as that ^- :ruh irt rrpractica i. i> u^ual for ,he High Co„.,..,Je. cannot affect the case. .«.!. i- ^ ^^.^ ,„est,n. In so f"' ^ »'" « ,^„ „„ .^^ „,„, i„ ,hls countrr, which only •">7, ■' 'C 1 r Uw .. it exist, in England, „amely-Tha. our i, somewhat d.flerent from the l^ P ^^^^^ ^^ Conrts do not ,n cnminal "»'■ ^«'' '»; ,f;;,y,, ^.^ ^^ /„„,i,M of th. ^\''°\'Z''%ZZf.^y^^^^nZ^' greater powers are gi.en to rOot::huUhu'^S: U .Pn^ingto fhl, count., cannot he enforced ^*'*' .u.rnfnrp of oDinion that Chief Lamothe was justified in dis- ""■ ^" Ji:^ZZ ..rgTsnm of money entrusted to him, the proceeds o> jtion of ;he 1 bim not to 311 had been irds to that 5l' by Judge one entirely no jurisdic- his decision ? he delivered took place ? ded over by and I heard ly conversa- bove advert- e money. 1 the nnoney to isideiing that • ged with the investigation^ g of between by the parties luthority to a officer of the ey? loney, as that gh Constable, stated in this officer, I can ountry, which ely — That our order relating •nvicted of th» rs are given to >t be enforced justified in disr the proceeds o} the robberies committed at St, Albans, and in delivering this money wilhoi;t any order, judgment or other authority requiring him so to do, to the persons ac- cused of the said robberies, considering that the charges preferred against them were not disposed of on the merits, and without obliging them under the cir- cumstances to revendicate the same for the establishment of their claim to it 1 A. My impression was that Mr. Lamothe would await some order before deliveiinj; up the money, and it was with the view of preventing any order being given, that upon the suggestion of Mr. Devlin, immediately after his decision, believing it very probable that an application would be made for the money to be restored to the prisoners, I asked Mr. Coursol not to give any order J and it was not until 1 heard Mr. Lamoihe s explanation to-day, refei" ring to the question be put to Judge Coursol some eight or ten days ago, that I could understand why he had so paid over the money. Q. If you knew as a fact that the Chief of Police had left the Court during the rendering of Judge Couisol's judgment, and that he had designedly absented himself from his office, and that finding a judgment rendered in favor of the raiders accused of murder and robberies, and that he had contrived to obtain admittance into the bank after office hours with the -ew ef obtaining from such bank the money by him deposited there, and alleged to have been stolen by the raiders, and for the purpose of restoring it to them, or to others before the legitiniate owners could adopt proceedings for its recovery ; could you with your experience looK upon such conduct as the discharge of a legiti- niate trust, or an outrageous violation of his official duty ? A. I can barely answer this question upon the assumption made by it, that such a course could not be considered as a legitimate discharge of the trust. And further deponent saith not, and hath signed. ED. CARTER. This closed thje examination in chief of this witness. The Chief being called upon to cross question the witness, stated he cou.d do so when he had the ajssistance of his Attorney. Chas. J. CouRsoL, Esq., Judge of the Sessions of the Peace, being sworn, saith ; Q. Is it true that by your order or authority. Chief Lamothe was directed to retain in his custody the moneys taken from the peisons charged with murde* and robberies at St. Albans, by you discharged yesterday, A. The Chief of Police was entrusted with the safe-keeping of all the moneys pistols and other effects taken from the raiders and produced in Court during the enquiry, by the different witnesses who were then and there examined • such moneys and articles to be kept by him un^l judgment should be rendered in the case. Q. Is it true that the monies so entrusted to the Chief of Police, were placed hi his custody by other parties than the raiders ? I. -I 10 A. The articles being produced in Court before ti;c were handed over to the Chief. He did not deceive them from the raiders, with the exception of onti whom I understood he arrested himself in Montreal. Q. At what hour did you render your judgment yesterday in the raiders caset A. I believe it was a few minutes before three o'clock, but cannot swear (x>8ittvely. Q. At what time did yoo leave the Bench ? A. About balf-pnst three. Q. Did you inforr^i Chief Lamothe at any time before the rendering of your judgment, that you would discharge the prisoners on Tuesday, the 1 3th instant ? A. As I have been informed this day that at a meeting of the City Council held last evening, it had been reported that I had made known my judgment to the Chief before it was rendered, 1 shall answer the question to vindicate my- self from such a calumnious assertion, otherwise, 1 should consider it imper- tinence to ask such a question. 1 never at any time before the rendering of the judgment informed the Chief, or anyone else, what would be my judg- ment, as my mind was with difficulty made up on the point raised after I left the Bench to consider the objection made by the Counsel for the defence. I had no conversation with the Chief, nor even saw him on that day after half- past nine in the morning, when 1 asked him for certain inforniotion concerning a shop-lifting case which I had Eeen published in the papers, and which has not yet been brought before me to investigate. Ten or fifteen minutes after four o'clock the same day (yesterday) whilst in a conversation with Mr. C. S Cherrie", my step-father, which took place in Notre Dame Street, in front of the Court House, the Chief came in the direction in which I stood, and, after enter- ing into conversation with us, he told me that Mr. Devlin was angry at him. 1 asked him why. He told me because he I'ud delivered the money which had been placed in his hands. 1 was not aware up to that moment that the money had been delivered. 1 gave no order, by j Jgment or otherwise for the delivery of the money in question. The Chief did not say to whom he had given the money, nor when nor where. Q. Do ycj believe that the Chief Lamothe, knowing that the prisoners were not discharged, by reason of innocence of the crimes preferred against them, was justified in delivering to the raiders, or to others on their behalf, the large suni of money which was entrusted tj him for safe keeping, without communicat- ing with you, and without receiving any directions frorii you as to its disposal ? A. I am not prepared to say that in deliverinu; the money after I had declar- ed by a judgment that J possessed no jurisdiction in the cases, that he acted illegally, and injustice to Mr. 'Lamothe '. am bound to declare that he might have interpreted the answer which I gave him some eight or ten days ago, in Mr. Carter's office, and which is mentioned in Mr. Carter's deposition, as a rea- son for giving up the money without referring lo the Couii. e handed over to the :he exception of onti terday in the raiders :k, but cannot swear he rendering of your ay, the 1 3th instant ? of the City Council own my judgment to ion to vindicate my- [ consider it imper- )re the rendering of would be myjudg- nt raised after I lett for the defence. I 1 that day after half- IbiTnation concerning }ers, and which has een minutes after four on with Mr. C. S Street, in front of the ood, and, after enter- was angry at him. sd the money which at moment that the nt or otherwise, for say to whom he had at the prisoners were> ed against them, was )ehaif, the large sum I'ithout communicat- 'ou as to its disposal ? i-yafter I had declar- cases. that he acted iclare that he might t or ten days ago, in 8 deposition, as a rea ii. 11 Q. Are we, then, to understand that ff ;« «-. 1" '^^j'-ring up ,, ,,, „j,^^^ "f arge 7rr""" "^ ""'''' ^^^^'^^^ c..8ed of having stolen, and which you ertl, . T^ ""^''^ ^''^^ ^'"« «- Judgment declaring that you had no ,nw!d u'" ""' ^''^''"^' "P°" ^o"' com.ng propriety, and in'a way to "C^^^^^^^ '" ''' -««-' «cted with be- de'-ation ? ^ '° commend the act to your favorable consi- t»^*^-;;rt:/^?::;;';2j- °^-- ^-- «He Bench on Q. By Alderman I^eclaire -m Te,'^": "! ''' '''''"' ~- T M T '" ""'• '"''"' '^-' ^^^^ -i ^''' '''' ^" ''' ^°- hi3h;nd:i„re?4:;tr;hrprtlr:'' 'T'-' ^^—ey deported in -oney would have to be g^rr^^^^^^ ''^.'=^"^«'' ' ^ answered that the be g'ven to the contrary by the Court ^"'°"'"' '"""P* *" °'^^'- «ho»W -^iinf::;:;;^;^:;;^.^^^^^^^^^^^^ the said note, -.tted by Chief Lamothe as '"hU an we 1"^^ T"" '''^" '° ^°"' ^^ ^^ ^-hn, contained i„ and form in^ pat oft T '"'^^ ^y Councillor <^o"rt ? """^ P«« of your judgment rendered in the Answer reserved until to-morrow. 4nd further deponent saith not, and hath signed. The Chi.r . ,• ^"^* ^' COtJRSOL. I ^'"^^^-'-s cross-e.ami„i„, the witness for the present. .nd ^^^^^:::::::'^t'::::::'^^ ^ • ^iban. bemg swom, depose.h -«tter of the raiders. I hada c^nve", io„"wi,tl ^'A^^^ ^-'^ - the or on Saturday last in relation to he 1 '!' ^'^^"^ ^^''"'^^ Banks, that had been placed in ^i, ^ "' ^'^''^'''^ '° '^e St. Albans possession. In this con'versati the olT""' "' '''''' ' '^' ^^^'^ '"4 -nies arose. Mr. Lamothe th;: t ^ '^e 'tl JX' ^ I' '''''' °^ ^^« the mc.-sf except upon an order and a diS ''"'"''' "°* ^^''^^r "P to whom it should be delivered I had had '' '"""''"»" '"™ '^^ "-"«• safety of the monies, and 1 wish d to sat, r '"'"^""«='^'"S« i" regard to the the monies would be safe, in clt t'h a ^t.^r^^ '^T' "^°" ^""' '''^^ ProiMess of ihe investigation relative to ^ k ""'S^t an.e during the '"'fed at St. Albans. 1 tad come hi at ,h!f ,'''''' ''"'^ '""^''^^ ^om- «teps to secure these mon.es in e o a„v un "'" ?^ "^ '^"'f^"- °^ '"k'", J-l.- Cou.sol, and inn. assura. ees h 'he CrT' f ''"'^' ""' "^"' ^^ ^^ fme and on former oc -a.ions at St T , °^ ^"''''^ ^«^« '"e at that -^ ^'eps b., taken to Z^ 1^;^:^ ^r:!!::'!-:^ not in., u^: v^n me same day the Chief st.,f«,< , l ' '"" """'"^ '^**'« •^on« 12 ^1 ! \ I. ment for punching, and in conversation in regard to the monies belonging to the bank this person represented, he inferred that this gentleman would like to Punch a hole through them for the purpose of identification, although that gen- tleman said nothing directly upon the question. While at St. Johns I wa3 told by Judge Coursol that the monies had been entrusted to the Chief of the Pohce, and "gave us the assurance that the monies would be safe in his hands. And further deponent saith not, and hath signed. EDWARD A. SOWLES. Ordered, That the proceedings, so far, be submitted to the Council this eve- ing, and that the Committee stand adjourned until three o'clock to-morrow af- ternoon. THURSDAY, December 15, 3 pm. PiiKSENT :— Aldermen Rodden, Leclaire ; Councillors McCieady, McGibbon Devlin, Leduc. The Chairman stated that he had received an application from several mem- bers of the Press for permission to be present at the investigation. It was thereupon Resolved— That the Press be not permitted to attend the meeting, but that the proceedings be communicated to the gentlemen of the Press as they go on . The Chief appeared with his Attornies, Messrs. Abbott and Laflamme. KiBKMANFiNLAvLocKHART.oftbeCityot Montreal, accountant in the Ontario Bank, being sworn, deposeth as follows: Q Is it within your knowledge that Mr. Guillaume Lamothe, Chief of Po- lice' deposited in the Ontario Bank, in which you are accountant, at any time during this month, and if so, upon what day, any parcel or sum o( money or other effects ? A. On Monday or Tuesday last, in the morning, Mr. jLamothe left in the Ontario Bank a carpet bag sealed, contents unknown, for safe keeping, and to be delivered to himself or his order. Q. Did the Chief of Police inform you of the contents of the said bag at the time of its deposit, or since ? A. He did not inform me of the contents at the time or since. Q. At what hour was that bag left with you, and did any person accompany the Chief at the time of the deposit ? A. I think it was afttr two o'clock, and to the best of my knowledge he was alone. Q. Have you delivered the said carpet bag to any person since its deposit, and if so, state when the delivery was made, and to whom 1 A. I delivered it on Tuesday last after three o'clock in the afternoon to John Porterfield. longing to the would like to iijh tiiat gen- I \va3 told by ot the Police, inds. OWLES. ricil this eve- o-nnorrow af- 5, 3 pm- iy, McGibbon I several mem- ition. It was eting, but that as they go on . iflamme. tuntarit ill the , Chief of Po- It, at any time i ot money or the left in the leeping, and to said bag at the son accompany owit'dge he was ince its deposit, ternoon to John 13 Q. Who is John Porterfield, where does he live, and what is his orcopatron ? 1 ,h' ,"' 'Tt tT'"? S'"^'^'"*"' «" «*change broker, on the Place d'Armes 1 th.nk, and I believe he resides in the Prince of Wales Terrace. Q. Is this Mr. Porterfield known as a Southern sympathiser, and is it to your now e%e ,hat he has been aiding and assisting 'in 'any way he pe s. ^ who stoo lately accused of the cim.s of murder a^d .obbery af llZZ and who have been discharged from imprisonment by Mr. Justice CoursolT A. 1 know h,m as a Southern gentleman, but would not say whether he is a rs^r:::;r '^^ '--'' ^ '- --' -' ^^ -^ -owiedg,List.:;;ht;r Q. Upon whose order did you deliver the said carpet bag to John Porterfield Mas the order in Writing, is it ,„ your possession, and can you produce it ? ifHE ORDER. ,, „ Montreal, Dec. 13, 1864. Mr. Henry Starnes will please deliver to Mr. Porterfield, or o.der the carnet Dag put m trust into his hands. ' P** (Signed) GUIL. LAMOTHE, Chief of Police* ra?n' t^^"'' ^'^f'' ^"''l'^'^^ ''^ ""' '^' ''""' ^' '"^'^^ ^is application for the carpet bag, so deposited by the Chief of Police ? A. Nothing in particular. Q. How long alter banking hours was this application made? h»o,. ; „„r c.,b acc„u„„ alone are alwajs clo,ed a: Ihrae ^ ""'' A. No. Q. What kind of carpet bag was it? otr';::::!:^ """'"'''' '"■ ""■" "-"-^ -",«»>. heavy f„/™e A. Nothing but hearsay. eu...io„ by ,be Chai™.„_Whe„ .his bag „., delivered ,o you or ., .,y H subsequent time, were you informed by the Chief of Police or by any other per- «on what were the contents? The latter part of this question which tended to obtain the evidencfi as to other persons than the accused having given information, was objected to by the Counsel for the accused. The objection was overruled. A. Neither at the time ol the bag being left in the bank nor at any subse- quent time did the Chief of Police inform me what were the contents of the carpet bag ; I have not been Informed of the contents of that bag by any other person. Question by Councillor McCready.^Is it within your knowledge that Mr. PorterfieW mentioned above, keeps an account With the Ontario Bank ? A. 1 dont keep the deposit ledger, but I think he does keep an account with the Bank. Q. Has it come to your knowledge that that gentleman (Mr. Porterfield) deposited any amount of American money since Tuesday last, in the Ontario Bank and to what amount ? Question overruled. Further the deponent saith not and hath signed. K. F. LOCItHART. Judge Coursoi, having been sworn, in answer to the question held over yesterday answered by saying. A. Those do not form part and are not included in the judgment. I mean the words " and dispossessed of the said notes and bills was illegal." Question by Councillor McCready — At the time the Chief of Police met you in Notre Dame street opposite the Court House, when stating to you that Mr. Devlin was very much annoyed at him forgiving the money to the raiders, did you make any remark concerning the Chief of Police's conduct or expression of appioval or disapproval of the act ? A. I did not, as the Chief went on in one direction, and taking leave of Mr. Cherrier I went in another. The Chief went in the direction of Jacques Cartier Square and I went toward Notre Dame street west. Cross-examined by Mr. Laflainme.—Q. After judgment pronounced by you discharging the prisoners and declaring that you had no jurisdiction, could you legally give an order for the money ? A. My opinion is that I had no such power. Q. Do you not consider that the Chief could have been made liable to dam- ages for retaining the money after the judgment; and was he not justifiable in believing so ? A. This being a question relative to civil law more than to criminal law I am not prepared to say what would be the opinion of the jndges of the civil Courts, b«t as I am called to give an opinion, I believe that he might. f any other per* s evidencfi as to B objected to by at any subse- contenls of the ig by any other vledge that Mr. Bank ? 1 account with rlr. Porterfield) in the Ontario (CItHART. lion held over Tient. I mean jal." Police met you you that Mr. he raiders, did or expression I leave of Mr. acques Carlier unced by you ionj could you liable to dam- tjustifiable in iminal law, I 58 of the civil uht. 15 Q. I8 it not a fact that the Chief of Police did ask you if he could legally re- tain that money after the judgment discharging the prisoners? A. I have already answered a similar question ; it is to be found in my ex- amination in chief. Q. Did you not tell him in conversation several times when he asked you if he was bound to give over the money after the judgment discharging the pri- soners, that such was the law, or something to that effect % A. Questions to a similar effect having been made so often to me by different parties not mterested in the case, I cannot really recollect whether I made such an answer to Mr. Lamothe more than once, but it is possible that I mi"ht have «one so. " Q. From your opinion already expressed, would not your answers in every such case have been the same as you state ? A. Certainly. Q. Do you believe that from the nature of the observations made by vou to him on this point that he was perfectly satisfied that it was his duty immediate- ly after the judgment discharging the prisoners, to deliver all the money if so requested ? A. I have known Mr. Lamothe and every member of his family since many years, and I have no doubt in my mind that when Mr. Lamothe delivered the money he was under the full impression that he had a right to do so. When £ placed the money in his hands I had full confidence in his honor and integrity and I have still, knowing that he would never commit a dishonorable act. Q. Did not your observations on that point lead him to such a conviction 1 A. They certainly might. Q. Is it not a fact of frequent occurrence that monies are given back to the prisoner without an order when the property is in the custody of the Chief of Police, upon his knowledge of the discharge of the prisoners 1 A. It is not the general practice, but is of frequent occurrence, a fact of which many members of the bar are fully aware. Q. Was the money attached in the Chiefs hands ? A. I received no intimation whatever to that effect. I always expected that it would, and I may add, I am astonibhed that it was not. Q. Could not the money so put in the Chiefs custody have been attached a long time previous to the thirteenth instant, and during the whole of that day up to the final rendering of the judgment? A. I know of no law to the contrary. Q. ^-■- the Chief in any way bound to give information of the application for the money on the part of the prisoners to facilitate the issue of any such at- tachment % A. The duty of the Chief would have been to report to the court that such -iH; ' 16 "money had been altached, in the event of court making an order for the resiitu- Uoii of the money. Q. In yoor opinion do you consider the Chief liable for having delivered the money after the judgment discharging the prisoners] A. This is a point Which a court of justice alone has the right to decide. Q. According to your opmion do you consider him liable ? A. 1 do not. Mr» Laflamme declared he had no other questions to put to this witness. Re-examined by Councillor Devlin. Q. You have stated it as your opinion in answer to a question by Mr. La- flamme that the Chief would be held liable in damages if he retained the money after your judgment. I therefore ask you to whom you think he would be liable ? A. He might be liable to the parties from whom he had illegally kept the money ; I mean the parties having a claim on the money. Q. Do you allude to the persons who were arraigned before you upon chaiges of murder and robberies, and who have been discharged by you ? A. I can make no distinction between these prisoners and any others; and if su€h a right of action existed, the civil courts of justice would have decided whether the claims were right or wrong. Q. I wish you to state definitely what you wish the Committee to under- stand that in your saying that the Chief would be liable in damages if he re- tained the mouey, he would be so liable to the raiders who were accused before you ot having stolen the same from the Banks of St. Albans ? A. The members of the Committee will form their opinion on that point as they see fit. *^ Q. Do you decline to answer the question 1 A. I have already answered the question in my answer before the last. Q. Do you seriously believe that the thirteen persons who were accused be- fore you upon charges of murder and robbery, and from whose possession the money in question was taken, upon the ground that it had been by them felon- iously stolen from the St. Albans Banks, would have any legal claim to dam- ages against the Chiet of Police, if, knowing as you know he did, that there were other cldimants for the monies entrusted to him, he refused to deliver the same to the said thirteen persons Until their right to it was established by a solemn judgment of a Court competent to determine upon the legality ot their claims to such money ? A. On the assumption that such a case would have been brou-ht before the Court and legally tested, it is impossible for me to give an opFnion as to the decision that might have been given by the judges or the jury. Q. As you have already given it as your opinion that the Chief of Police order for the reslitu- laving delivered th« right to decide. ? ■ to this witness. iiestion by Mr. La- if he retained the you think he would d illegally kept the •eyou upon chaiges you? nd any others ; and I'ould have decided mmittee to under- damages if he re- vere accused before ? on on that point as efore the last, were accused be- lose possession the ien by them feion- 5gal claim to dam- he did, that there used to deliver the s established by a e legality ot their )rought before the opinion as to the e Chief of Police 17 would have been tiable in damages if he detained the money after your ,ud, meat, do you wish the Committee now to understand by your former J that his liability would have been doubtful ? ^ " *'"'^*'' A. Being called upon to give opinions as I have already been aeo.,r.«,„i.- u believe with due deference to this Committee, to be ext emely i Xl^^^ have sa.d that the Chief might have been liable in enaction for daZ^, w^, out expressmg an opinion as to the result of such an action. Q. rouf judgment having been pronounced between the' hours of three and four o'clock of the afternoon ol Tuesday last, permit me to ask you If it if yourop.„.onthattheChief of Police would have rendered himself Hable' the raiders or to any other persons if he had refused to deliver to thl tl money in question before the opening of the Bank in which th« 1 u ! I.g.Uy amUlod .0 ,he money, ,h.y had a righfto ba'pu. ta ^.1 3^* .oon a. poBible after Iheir discharge. w posaeauon of u a. The re-«.minat.on wa. here discontmued, lo be resumed at three o'clock to. morrow afternooo. " " FRIDAY, December 16, 1864, 3 p.m. """'ZinTLeSr'" ^"''"' ''"'"" ' ^°""""°" ""'""''^'y' M<=G''>«'on, Councillor Devlin stated that before proceeding with the investigation he desired to ask for an ad ournment of the Committee until Ham t^Zr^ the 17th inst. Theapplication being assented to by the Coun.ei f^r the J-' cused, It wa. ordered that the Committee stand adjourned until 11 a m t^ morrow. *^ *•"• "■■ SATURDAY, Dee. 17. 1864, 11 a.m. Pres.nt .—Aldermen Rodden,Leclaire; Councillors McGibbon,Leduc Mc. Cready, Devlin, Labelle. "^-.luc- The Chief, through his Attorney, Mr. Laflamme, submitted the following reply to the charge preferred against him for refusal to execute a warraT f^? the arrest of the raiders after the judgment rendered by Judge Coursol, viz. -1 The Chief of Police in answer to the second accusation brought bvB Dev lin, Esq., against him, respecting his refusal to execute a warrant &c ' hJ. respectfully tc atate : warrant, &c., be^ « That he is not a constable, or in any manjirt subject to the orders of the S., penor Court or Judges of the Court of Queen's Benc\ and never re«v^^^^^ •mce he wa. .ppomted, but i. .olely the Chief of Police of the City, bound to li .r^il, 18 . ompelen, c„„rt of criminal J„,irfio,i Jh, h"! , ""' ''^ " S"''™', when . >"ch warrant null .„„ v„,d. Vh.,Taach i '"'"'» f"'"- "'clar.d every ■f .he principle ,hera,„ expjedl r^, r'^'"""' "" '° >» ""P'"^'. and th..,il, to .„e., or oider Ihe .™Tof ,h ' ° ' '"'' ""''' •"". "» •"- •0 re,is, by ,|, „».„, ,„ .t.;'™' ,"' "" '"""■ "" 'he/ would be entitled e»f;i:h':t:;r ie:";a':r '°""'' '° •'«"- "'■••^" ^^ -„,d .„. «., coald no, be -aide'redre ,t;r ^,1'; at'' V"" '"^'■"- t>m. "®®*^'^J'i «nd could not be refused Montreal, I7th Dec, 1864. ^^^^' I'AMOTHE. The Counsel for the Chief also submitted thpf.n. • . . That no other party than th. ,. , '^' ^°"°^^"S ^^^^'^ration :- claim .0 the amount deposited i„h.shat7l ^""""' ''''''"'' '^ '^'^ ^"7 to ,Uy the delivery of the said sectiUe ' r ?° '""''"^"' ''' '''" '^^^ deliver, nor any order or judgmenent'L! '"^ "'^'''^ ^'^«" '° ^im not .o possession thereof, was ever made. That ,he Ch ^ ^'''°" '" '^' ^'^^'''y «'• the judgment of the judicial tribunals as oh "'"'""^ ^'^''"^ '^ ^^ide »nd all liability therefor. That so bei.ev n. l"T' ""^ ^°-«"-"»ter any he has been informed that those who ha v"renl^ rTl 'n '"''''' ^''^ '^«' ™ent, in whose service and in whose behafTrn ''' ^°"^^^-«'« ^over . acted in capturing such securities, have offe ,i 7'' ^""^^'^ ^^-'"^d to have deposit ,n any banking institution or judicial trh. . u^"'^ co^plai-ung, to equivalent in value, to abide the resufo nv ' "" '/ "^°'' ''"'""'' «^"» to be delivered to the party entitled to recoZr irin'rh'T";'""' ''' ""''''' Police, and have been refused. That after 1 ' > "''' °' '^' ^^'«^ °f no n.ore subjected to any -nvestiga.^li wi ^ '" °"" ''' ^'''^ ''" ^' viously shown the order of the jud^eanr^Kr. '""'f''*''"^"^ having pre- the Chief of Police to deliver LC the H? '^' ''^ '^'"^«' ^ ''^^ P-' of Therefore, the said Chief, throueh his P , th.«, hi. declaration, be 8ubmi,,ed Tth CouZr ' 7T'"''' '^^'"»"'^« '»^«t ^ «ayed until such order or judgment be rendered. ' '' P'^oce.,.^,, t. R. LAFLAMME, Montreal, Dec. 17, 1864. '* ^'' '^' Chief of Police. The Chief sta'ed that he desired to m,i, the Committee to be allowed to do so to .1 hi'T"' "'^" ''''' «"^ ««ked With this investigation. ^ ' '''*^''*^ <=«"«*« facts u, connectioa The application was granted. tn the city autboritlM. ute the warrant in que«- ascertain how he could >y a governor, when a previous declared every 8 to be respected, and and could have, no au- hey would be entitled whether he could exe- >ur, the delay demand- d could not be refused 'L. LAMOTHE. : declaration :— preferred to him any rtient had been issued given to him not .0 son to the property or rely willing to abide d to _encouriter any le turther adds that Coniederate Gover - sed claimed to have >rfy complai.;ing, to whole amount, or its nt against the Chief, mds of the Chief of 1. the Chief can be lainant having pre- fusal on the part of fully demands that all proceedings be AFLAMME, he Chief of Police. er oath, and asked facts in connectioo \ u •TATEMENT Or THI CHIEr OP TOIICI. Cn««,„. Lamotbe, Chief of Polic, being .worn, d.p„,eth .„d ..i.h ._ did deliver these moneys .\v J ,7 I 7"'? '" '^"''''°" ' '^^' ^^en I corroborate ^^^^z:!:-;:^:^-:^-:;;^^^^ of these moneys after the judgment was rendered by /udge Cot J'' ''""' And further deponent saith not, aad hath signed. GUIL. LAMOTHE, o. poiic, .hich he di-:. j^;i;°,:ttHori'"'''°° '- ""'■°«' " <='■»' «="ed,heS..AIba„s r„der, b,i„/. pule y le=a' 1 1 ^r^T"""'" ..H™ujuo,d.=i,i„„ . ,beb,,be.ig;,i''„:rs:, ."'j,^^^^^^^^^^^ Thi. offer bavin, been .r„.ed ■ a:!?!;:! dt^lruo^ltrrr cussion of the question before this Commitrl u- i ^ '""'" ''"" GUJL. LAMOTHE, The Chief having be^n called on by Councillor D-vlin fn ..,k •» . examn.ation he.ec.ined do.g so at'present whereu "„ iT^or CJ" ca led upon t e members of the Commutee to enforce the autZ .^ ves^;; '„" them by law to requ.ie him to answer such questions as aha I hi m i" muted to him by the members of , his Comli tI clf ha^' /h"'' called upon to state .f he was disposed to answer such quLtions L s J I Z not prepared to do so at preient. «"ons, ne said he wra« Moved by Councillor Labelle, and be it resolved Thof -j • qerauie sum o( stolen mo.,cy, araountuig io about $80,000 or i ! 11 ^ i ) l! ! ) i to t90,000, which had been placed in his hand, fnr c.r - result of legal investigation, which sum the Chief oP ,"''"'*^'. '' '''''' '^' having delivered to a person or n^r-nn^ k ^°''*'*' " ■''*» """««♦» «' it, and that to the ^e::Z7 ZTZtl 71^ ''' ''''"T °^""' ^' money belonged. Cons.der.n/lhat the ,^H « * P'"°"' "* ^*'°'" ^''^ "'^ legal question . viz • if ihTch ef 1 P . . '°" '''°^'"' itself into a purely cum^Lces in wh. h h was Iced?'" ««« legally justifiable under the cir, proceeded. ' ™' °' "" """"l. Md with wkich Ihey have already For the decision-Messrs. Leclaire. McGibbon, McOready, Leduc Against u— iMr. Labelle. The Chief through his Counsel objects to anv fnrfk ..CO uv„...a.%::^:r:r^^^^^^ The objection was overruled. iu"ner. ^ «AMiXATXON or MK. POKTEKFXK^I,. BT MK. BKVLXK. John Porferfield of the City of MontfMi »-„n foUows ; ' «'''"^'"»»' beings^vorn.deposeth a. Q. What is your occupation 1 A. I am not engaged in any business at present. ateVti: r '" "' "^""^ *'^ '^^'«^«"^^«- - ^^-^'a^ of the Confeder- The queation wai objected to br Ur I •fl.n-. ■ . A. I know him since Monday or Tuesday last i I fe keeping, to await th« Police is also accused of the legitimate owners of irsons to wijom the said ssolves itself into a purely justifiable under the cir- iy in question to the per- idering that that question Connniittee declares itself itinue this investigation, mding to open the ques- previously determined IS tending to declare the ubject which they have vhich they have already I of the Chairman, upon Jready, Leduc. her proceedings in this as a public officer, he await the decision of oceed any lurther. CH. DEVLXjr, ingsivorn,depoaethaa ada, of the Confeder- levant. The objection on ; I^eclaire, Mesirg. I. h and if so, how long ast, any conversation large of the prisoner* Albans Haiders? 21 A. None whatever. Q. Were yon introduced to the ChUt r » .. Q. When and wher« «, ^ ^- ^'""^^"' Police ? ^^'^^ ''''' yo" introduced by Geo, N Sa„. A.At„..„«„^ . ^°'^- Sanders to the Chief f I A At. ^ '" me uhiet A. At my office «nr.. .- N»y.-McC,..d„, McGibbon. , '^''en were you informed by Lieut v V. I'ermit me again to ask vou .7 .v • . «.'««», .nd for enure™"; ,»rch?" ",""" "°'"»™ W w a/l "l" "'' II Samt objection made and .ustained by the same division. wh^n ^^ T" ^"^ ''°"^*"«'i"n on Monday last with the Chief of Poire* When introduced to you by Mr. Sanders, respecting the delivery to vou of hi W Banks, and wh.ch moneys were then in the possession of the Chi"ef If ' A. The Chief called on me to kno^v if! had any authority to receive the ■loneys m case the prisoners should be discharged. Q. I ask you to state the particulars of that conversation to this committee ? .onV W '°"7r''°" '"°^ P'"'" ''' " ''""^ ""^''^ '^"' ^«^« several per- Chief of Police's object was to know if I had any anrhorily to receive moneT or property ; replied that I would bring an onler for it L. the r i.Lrere discharged. I do not know that he made any particular reply; therl wC none required and that was the end of the conversation. Q. State what moneys were referred to in this conversation 1 A. It was money in his hands that vfM captured by the raiders .esL^?** '^' ^^^'^°^^°"" ''^''^ yo" ^'^ ""eh money he hai in hi, po- of fhelmd.""' '"" ''"" ""■ """"' ' ""' """"'•'" '' ''^ '"^""''^•"g anything Q. Did he not tell you where the money was then placed, and did he not aay that he would have it rennoved and deposited, or left in the Ontario Bank where delivery could be promptly made to you ? qu?,tfon?' '" '' """' '" ''' "^""' *^ '"^-^'' *^^ -"" ^-n. a leadin, Mr. Devlin waived the question. Q. In the conversation referred to were you informed and if «, by whom where the moneys were then deposited ? ^ ™ A. No sir; I do not recollect having been so informed. Q. Were you in that conversation informed that the money would be left or deposited m the Ontario Bank for the purpose oi delivery to you ? A. I suggested to Mr. Sand-r*. the e-ntleman v. I,. ,.,o. . , ^oduced me to Mr. Lamot., . .J. ;;3i:i: ZSr^rot Q. Was the money deposited as suggested by you. in the Ontario Bank and .f ao state when it wa, deposited, and when you were iniormed of the let? A. I have no knowledge ot the time of its being denosifed In th« p , when I heard that the Court had adjourned, and thaU^ ^t ^t"' ^r^ .bly be discharged on a legal technicality, I l.hen called at the Ba k to se'e whether the package was wete . and 1 u«« .„id k- M- «.._ .! ""* '° «'«• _ — ._„! jj ^Xit utmiies ihai H was. ision. h the Chief of PoIFct J delivery to you of the raiders from the St. Al- session of the Chief of ithority to receive the ition to this committee ? ere were several per- in uruipftone. His, the >rily !r) receive money t when the raiderj were tlar reply; there wai rsalion ? the raiders. oney he had in bis pes- s mentioning anything ced, and did he not say 16 Ontario Bank where same being a leading 1 and if so by whom I loney would be left or to you ? was present and who Ontario or some other he Ontario Bank, and formed of the fact ? ted In the Bank ; and prisoners would prob- lied at the Bank to set Stariies thai it was. 99 l^j^^^^t::^:^^ ^-'^ ^^^e you re.renee f I half of the prisoners en deliberi? *''" "P^''«^ion made to him on b- A. I was not aware of it beforp fh- •■ I A. I received it at about h„,. \ "^ "^^^ '"^ i'"" ? A. I had an order for it • it fnJ U „.a. Chief La,„„,h,.; „7,;! f '" '» "■' '"'^ »• d.oi,™ „,, ,„j„^^ .»» .rove .,„.HU.„ ,„ „, Ba„,rC"^; pX"" '"''' " '''■--' Q. Were you in Court when T .^a I ^- ^' '^ «°t true that you received th« , ■ cour. R„.„, ,„, ,^„, ,,^ ^^^^;-yy^ a «■« .„ ,h, „„^„, p^^^^^ jy^» Q- Were you informed that in th^ ^> rou would fin, the Ch "wa. ,r7 ''' ' ^--'>'e Judgment bein. rend >'der /or the money ? ^'*'""» ^"^ ^O" ^n the passage to give yVu Jj A. No sir; I did not " '"'"' ^' ^'^ '" the Court Room or in the house. fl i A. There was not. kind Ihsreforf ^ """""«'■ " '"""»'l=''eemen.,„rrec,,>,of ^y I gave. l«ailtheolhers. Tl"» was Ihc only ,ctaowWg.„e,it o,hlt' "'" "'™ '" ^"" ™-' '«• '-.p. Signed by Uenu Yo.ng... A. ft ™ .ft„. ,„„ „,„,„,, „, j^,„,^ ,be j„dg„.„, „„ „„,,„, nofop!„'!° °°' ''"°"" " ""• " " -"" ■"" '»^'W oarpe. b.g, „«eh I did .ro?;o;;t:ri';f;;i:r'''°'="'"° " "^^^y »'<■»-« yo«rco„. A. No, sir. Q. To whom have you delivered it, and when ? A. I delivered it to the owners that ni«ht as soon a. 1 could lind .he« Q. Who do you call the owners ? A. Lieut. Young and party. Q. Was this carpet bag opened in your presence ? A. I was present in the roonr, when it was opened, Q. Can you now say how much money it contained 1 . Q. Was Chief Lamothe present when it was opened ? ^ A. No, sir. Q. Have ,he raiders ,.ken wi,h ,he„, ,h. c»„,e„„ „f .He„rp« u.r A. . a „„c say „ba, ,hey oa„ied wi.h ,be„. I did no.se. 1„ «„, , .h'o.::;x^r:i7e::i:ir'''™'*"'«-'''''''^™-.«J A. I canno. say . I ,.,. .,, „„„ ,.,„„ .,,^ ^^, ,^^^^^^ _^^ ^^^___ ..olen f,o™ ,h. St. Alban, b SVXIriL "T ""'"" ""• ^«" I T.sion of the spoil, look okce ? ' "" °''"'«'' »"'' "ten th. di. ; u and the Chief agreed oiHHi hief for the delivery of th» i^ledgement, or receipt of any f an order, signed by Lieut. I the only acknowledgement jned by Lieut. Young and lent wai rendered. strength of Chief Lamothe'»j I carpet bag, which 1 did Bstody, or under your con- i 1 could lind them. raiders present. I heard sand dollars that should! than they expected. ? f the carpet bag 7 1 not see them start. or did they restore it to ■ough the examination. J amotbe to you on Mon.i money which had beenj_ ened, and when the diM 25 A. He was not. Q. Hare you any reason to believe that ♦». no. .n the possession of any pe„o o rtro'"' "' '^' ^^'-^^ «'• Objected to by the counsel for ,h ^''^ "^ ^""^real 1 the subject of this investS" '' ""^^' ^' ^"«^^' -'^ -connected with The objection was overrulprf h^ r u . A. I do not know that it is in tK- •. Q. I« It within jronr ImowWse Ita. «,. forwarded ,. „„, p,.„ „„^, J^J m™;,''..?""' ""^ " "' "»'»'. have b,™ A. Not witliin mjr knowledge. tr :r trr '•- "° -• --- p-uo ..a wi,„e». «frr;;trn:rdtv---r''----">-.. A. f told him that I had. Q. From whom did that authority come? .." ;ri:r '^•— ^--e-.. who^^ade a„a„,e.ei.. w,, -By the Chairman : A. 1 .oppose not. I cooW not .,. fro™ ,h. p,.„ , „,. ."74r:"-'"--"---=Cartti^;„C-- A. I went to the Court Hous« to h^r tha a ■ • Q. If you did not know how to finri h;r« k .nd the Chief 0, Po„oe, and I "hl^:',:^:^^;' "■""' "" ^°"° «P«»% A. Having had an introduction to him r i A. 1 do not remember of any person in J^L ^ • Q Am r to understand you toswear th«f 7 ^ ^ i ""'"^ ^'"^^^n'- i( 26 crotdi:""'"^"^'''^"^P""-'"P--»'ei„gpresent; the ,obb, wa, J.^ Was the order delivered to you b, tho Chief, written in your pre- A. It was not written in my presence. crl';^tdy'^'"''^"^^"^^°"'^^-^^«-"" -d -ke the order, A. He handed me the order as soon as I went up to him. CROSS-EXAMINATIOX BV MR. LAKLaMME. «>i:rhr;r;^Lrr\:;^;?r " r-r^«-^- -to he .0 stated to be decisive ? and was .7n„V T'l"''"^ ^^ '^''" *^°»"««' and discharge 1 « ^ «nd uas U not from that fact that they expected their Ao So I understood ; I did not learn the fact until tha ^■ morning of the trial. ""^" ^^^ adjoarnment on the A. They did. the raidars to bribe him. ""' ''"'')' '" W""'' him havmg aulhority f,„m Mo"C«ur,"h:« P^"'' •'" '" ^°"-'«« ''° "°w a,o„™ „„., Feas-Leclaire, Leduc, Labelle. Nays-McCready, McGibbon. Yeas-Lecla.re, Leduc, McGibbon, Rodden. ^" Nays-Labelle. Adjourned until eleven A.M. to-day, Monday. r and make the order, e adjournment on the now adjourn untrl 27 MONDAY, December 19. 1864, II a m > Present ..-Aldermen Rodden r .., • o ^ ^^ Cready, Devlin. Labelle ' " ' '^"""^'■""^ ^'^^^ibbon, Leduc, Mc Mr. J„sr,ce Ooursol's examinaffon havir,, been fal: ^ question was put to him bu ,h p '"^ ^"" ^^^^e" "p, and put down in vvr'i.^a ^arL LrT' ^^^'^ "^"^"^ ^""^ ^^^-me) hav,„, considered such ues.io he decTd. ^f ^T' ."^ ^'^'■''"- «'«'< /orm>„. part of the minutes of thi, cl'l ''"'"''' "°' "^^ ""^"''tted aj way referred to the conduct of the Ch IfT p7 '""""' "^ '^« -"'• '" "o Co.n.atee are cai.ed upon by the Co:':[ f;;::;;,;:/^^ ^^""^ "'^'ch the In favor of ihe deci.ion_M««rs M.riH ., „ Decision maintained. °";'';-'^'"°'^-«^'«^-.-w„.o™. y- iJid you, after the raid at Sf A ik .halur *^ ' '■'«■•-'' » f"«*e'?„L\f ;;''/„'" •^'!"'''"'-'»""'y Bill.. Upon •tall M,sso„ofSt. Albaw, Vermo,,, , r fi, °'""'« '""''"•■fMeMar. ;»™«, .., ,„ /„, i^^^"** - on^H I c, „, ^,^ ^r^«r^ .0. n 'ter mm „p„„ ,j, "J ^i"' on Ihe road ne.r F,el,.hsb„r. • . f„ ' *""" »"» C. C. Bu„„„ „f s,, ^,1,^ ;■ "P"' 'h. «mo day a furtbersora of $20» -™ before ,b. Cour. a. uZl-JXZT 7^' °' "" "■-»'" A. rie/tihemnn • L ^^^''^'^'^J^'^idl^K whose order? ey were claimed Albans, at Freligh*. 28 Q. Did not some of !he prisoners, trrested and charged with the robbery of fte said moneyi, admit that they had taken them from the banks ? A. Not to me. CKOSS-EXAMIXED. Q. Was not the whole amount which you mention as having been delivered to the Court so delivered as property taken from the banks by the prisoners brought before Judge Coursol. and was it not so admitted by the parttes re- presenting the banks? ■' f A. As I said in my examination in chief, the money was claimed by some parties from St. Albans as having been robbed from the banks, and was brought toy me to the Court tor the purpose of being identified. Q. Was not the whole of that money ordered by the Judge to be deposited as part of the money taken by the prisoners from the banks of St. Albans on the occasion of the raid on the 19th of October, and for which they were «TresteQ? ' A. The money was deposited by order of the Judge, pending the trial of tha parties in question. Q. You are asked to answer this question, whether it was not deposited as CourT? ^'" '^*^*"' ''""''' ^^ ^^^ ''''^'" '^*" ^'°"Sh^ b«^°'« »^« «f'tk'LT,u*^°'''*'^"""°"*y^*''''"8''««" «'*>*n«d ^ythe representatives or the St. Albans banks. In my examination before the Court, I then and there stated from whom I received the respective amounts, four of the said pa ties holding my receipts for those respective amounts deposited by them Willi me. «rSrIrTT*o""'^'7''°'"''*'^'*'*^" *^"* '"''"^y was deposited by the order of Judge Coursol as money robbed by the prisoners from the St. Albans A. I do not knowt Q Was it not claimed by the parties at St. Albans as having been robbed on the occasion of the raid in question 1 A. I have answered the question, aud I repeat that it was claimed at Fre* lighsburg by several parties from St. Albans. I am not aware whether the AlbaYs banks '"'''^''^ ^'^""'^ *^* ^''"" " having been robbed from the St, Q. Do you know where that money is, and in whose hands it was deposited ? A I do not know where the money now is, nor in whose hands it was de- posited ; but as aforesaid understood, it was in the hands of the Chief of Police, last 1 saw of it, the money was on the table lying before Judge Coursol. Q. Do you know what was the total amount taken from the parties arrest* td connected with the St. Albans raiders? A. I do ni This clos( Ques. by i the parties v Question < the witness i guilty misco For maini Against it Objection A. I cons Q. Do yoi you delivere A. I do. And furth Council lo member of thinks propi fore that the proceedings Yeas: L; Nays: L Gkoroe Q. Are ; cityl A. I am Q. Is it number of Vermont, a said town s Objected scope of th of the pers governmen For mail Against : Objectioi Q. Isit^ r 29 A. I do not know. This closed the cross-examination of this witness. Ques. by Coun. McGibbon : Do you consider yourself legally responsible to the parties who hold your receipt for the monies deposited in your hands? Question objected to by the counsel for the defence as tending to obtain from the witness a legal opinion on a question the result of which cannot affect the guilty misconduct of the party now under accusation. For maintaining the objection : Messrs. Leclaire, McGibbon, McCready. Against it : Messrs. Leduc, Labelle. Objection overruled. A. I consider myself bound in the sum of $2,773, amount of ncy receipts. Q. Do you consider, then, that you have a claim against the parties to whom you delivered the said sum of money 1 A. I do. And farther deponent saith not, and hath signed. 0, B. KEMP. Councillor Labelle moved-^That the Committee is of opinion that every member of this Gommittee has a right to talce communication, and, if he thinks proper, to copy any of the proceedings of this Committee, and there- fore that the mover be allowed to take commuaicatioa of and copy any of the proceedings adopted by the Committee. Yeas: Labelle. Nays : Leclaire, McGibbon, McOready, Leduc. Gkoroe Nicholas Sanders sworn-r^ Q. Are you the representative or agent of the Confederate States in thii city 1 A. I am not. Q. Is it a fact within your knowledge that upon the 19th October last a number of persons had found their way into the town of St. Albans, State of Vermont, and there put to death one man, and also took from the banks in the said town a large sum of money, amounting to about $200,000? Objected to by the Counsel for the defence as irrelevant and not within the scope of this investigation, and involving the question of legality of the acts of the persons engaged in them whether they did so by instructions of their government. For maintaining the objection — Leclaire, Labelle, Leduc. Against it — McGibbon, McCready. Objection maintained. Q. Is it within your knowledge that upon the thirteenth day of December, J" 30 subs^quenily d»p„„i,d ,„ ih. hands of r.Tr'i , '""" °'' """"'y »■»" for Mfe ke,.,.ing ? of Gu.llaume Lamotha, Chiel „( P„|i„, y. JJiti vou introduce the ChiPf nfP^i;» ..#,,, witne.s.s examined in .hi i,fve t la.on an ". '"'" ^"^"'^^''^' -« "^ "^« .11 that transpired on that ocS? " ''''*^ "'"' ""^ ^^-^> «nd A. I introduced the Chief to Mr Pr^rf^rfion .u- «, inst, at about four o'clock in the aft!rnt r ''''°^^'«'°" ^^""^^^y the 12,h torthepri.onerthattheye"pe :;:::. ^^ ''';''^^^ ^^ '^^ Counsel be made by Mr. Kerr ; failing tha t at h '' h T "^" "^°" ''' "^""^ ^'> ^vare certain to secure the refease otlepitnlt ;:"'""" ^'^ "^'^ "^'^^ 1 was also advised that the monev wo l/h ^ . "^'^ '^'° ^'^^'^'^ «'"«. -ers ; but it was liable to a rir:,:;;^^^ ^^7' ^'' ''' P"' Young addressed a letter to Mr. Abbot oh. k ""' ^'^"^• the same m.nner as Messrs. Ke r an^l LlL '", f ''' u'"' ^'^ ^"^'^'^^'^ "» .aid that U was the duty of the C^^^^^^ sTrentV^ ' '^^^ ^" the discharge of the prisoners, unless nr^ viou.l v L I""' i '"'"''>' "P"" «'uty to have the receipts and evemhml ^ T "'^' ^' '^^" ^''^"^' "•/ Chieffrom Lieut, young arcor^ a e^^^^^ ^"' ^" -"^^ "P- the fer; be.ng also advised fha t Zj "^ ! f '1,"'^'^ """^ '" "^« »-"«■ i-ue such attachrr^ent after t e de isio, wl l' ' 1''' °^" '''''" h-" to I w., directed by our Counsel to :::;7 Lc i r.^t 1, 'l!: ^T'"' ^"""-^ ly deliver the money u, on such order Hp „ u u u '^"' ""' '"'"lediate- the Chief, and sa.. t'o L, i:irv::;tt r s h^r::;!"'''^- ' ^^^ imnoediale application woul.l be made to him for ,h Prisoners, that be personally -esponsible .f he threw a v o^st c in r^^' "'^ ''^' '^ -"'<* that our enemy had so„,e six week, or more o at ao ,7"^ "' "^ ''''"^^^ J .11 weasked was the simple balfhourofTraJa:^^^^^^^ 7""' ^'''^ '^^^ be should be in op^n Court , where he could 1^1 T "" ^" ^"^' '""^ '^^^ «o, cons:der the money mo e se re ftoT t-^ " ^ "''^ ""'• ^* ^ ^'^ . «s.., .h. .vor to inUoduce^L^Z n n:i7 r^^^"" ^" ''^'' bad the confidence of the Confederate Governm^n and L' ^"'""'" '''"' •noney. That gentleman was Mr. John Por eTfi d tT """V'" ''''''' '^'' ^■^er. U was important th. . exp,a„atio:r^t4l7:; te^^ :J ^> \v 31 the transfer, and that they should know each other personally • it was also im- portant for the Chief'8 reputation and safety thwt a gentleman of character should receive ihe bag from him, lest we rai^ht fear that some of the content* might disappear in the transfer. Mr. Porterfield was simply introduced to the Chief for this particular duty ; no conversation took place except as to the manner of doing it, which I left entirely to the Chief and to Mr. PoiterfieM. When I first went to the Chief on the subject, which was on or about the Thursday preceding the day of the judgment, the Chief said it was too serious a matter for him to ans^rer, until he took the advice of counsel. I said I would hold him personably answerable by the advice of our counsel, and on Satur- day following he informed me that he had asked the opinion of Judge Coursol and Mr. Carter, Q.C., as to his duty in such a contingency, and that they told him he would have to give up the money. I saw the Chief standing near the prisoners in the passage on the day of the judgment. I was near him, and upon the decision being delivered by the judge, the prisoners were advised by the counsel that they should be off and not wait a moment ; on Mr. Devlin's rising to address the judge after the judgment, I discovered that Mr. Devlin was repeating and reiterating against time apparently, and I called on Mr. La- flamme to put a stop to it if possible. I had understood that Mr. Devlin wa« very sharp, and that 1 would have to act like lightning to get the money. H« thus managed to waste some twenty-five minutes of my supposed half hour. The Chief, greatly to my alarm, was standing in a most conspicuous place, and holding back the prisoners, I thought, most unjustifiably. 1 went with the crowd, which did not disperse until the prisoners left the box; I did not see Mr. Porterfield, but presumed he was at the proper place, and would act with promptitude, and that Mr. Devlin would attach me for the money when he would find I had none ; that is the reason of my introducing Mr. Porterfield to the Chief; I did not know that the bag containing the money had been re- ceived until I went to Mr. Porterfield some four or five hours later in the eve- ning; I did not speak to the Chief from the time 1 introduced him to Mr. Por- terfield until after the next day after the judgment ; the prisoners reported to me " the money all right, and a little pius;" 1 did not offer the Chief any in- ducement; my interview with him was rather acrimonious, threatening to prosecute him, as above related, if he did not do his duty. Q. Was it suggested by Mr. Porterfield, during the interview with him when the Chief was present, that the money should be deposited in the Ontario Bank, so that he might obtain the delivery of it without delay, so soon as Mr. Justice Coursol's judgment was rendered ? A. No, as I before said [ did not want to hear what transpired between them (Mr.Porterfield and the Chief), for.the reason that I did not wish to know where they intended to put the money, so tliat if I should be afterwards called up- on as a witness. I should be in a position to say I knew nothing about it. All the arrangements respecting the delivery of the money were m^de between the Chief and Mr. Porterfield, if any were made ; I have no personal knowledge of any being made. 3i i.3%!^..V:o t. wis*, •^"'^ ■'" "^ "y «» <="■'" of Pone. Wor. A. I had no knowledge on the subject. Q. Did not the Chief inform you ? A. No. ^^:r^z:;r ''- °'^" '^^^^-- ^-^ '^ the ch., «>r th. A. Wer received that order; it was given to Mr. Porterfield. Q. When were you informed for the first timp »nH k u soners would be discharged on the thirteenlb ? ' ^ "'^"°' '^^* '^' P'^" A. By Judge Co'irsol'a judgment. b7 Iheir cou„,el or JyJi. "" ""<" ""■« "" c°n.mu„ic.eed to Aem .ho»ld be d.li,er.d 7 ' °' "" ""'""» •" »oo» " ». judgmeM A. Being assured by Coonsel of the almost certaintv ^ ,1. .ove.e.,Z..dee„r,.rra„ge™e„t^ .b:i.i:=i:rrcx.rd:^^^ A. No, but he could not have actpH ™,tk „. .. the order ready. "* ''"^ «'«** Promptitude without having- Q. What has beconoe of the money ? A. I have no knowledge at all, nor do I know where it now is Q. Have you any knowledge of the wav in v»hi u *u the Chief of Police to Mr. PorterfielXlX-'d ^^^''^ ^-^ delivered by The witness refused ta answer this question. The question being put to the Committee whether th^ n„ .• ness was a legitimate one which he should Tns we,! ^"' *° '^' ^^'' The Committee allowed the question to go to thp »,> division : Yeas-Leclaire, Leduc, McGibbon! Says-LabeUr '°"°'''"^ A. No portion of this money so far as the Chief nf p- r • ' to the best of my knowledge, gone to him. I ecll^ltlL'A"""'"'' ''"' has become of it. "ecime turtber to answer what Q. Were you present when the bag was onf.np,l »^ u U contents since the rendering of the judgment l' ^'*" "'"' '">^ ''^ toL^^Tr^^T '^""'"''^ '^'^^"'' '^ «"y' "" ''^^^ i «wear that it V^.s H jomon of K. I beheve U must have passed through several hands before TsU Q. Did you know the person, who w.re discharged by Judje Conrsol and Z:z:r °""'°' °°"""""' "' '"'" ^ ^'- A'>..ne';e:z ;» ?,' i„v%lu„:: '^ "'■ '"^°'"" " ""'"^ "° =°""«"°" whatever vvtth .h. Objection maintained. h.m, and , d,scove,.d h.n, near the St. Lawrence Hall, Great S,. Cs street! .^^^z;zl:; °"" " "•'" " t---/ «-'-,, arte, th.di.- A. I think not. I think it was the next day. Q. Will you state precisely ^-hat conversation you had with the Chief of Pohce on Mon ay last previous to your int.oduction of him to M Zlrt^I zrr pLtrr ''' ™^"^^' -' ^'- -- - ^esirin, to:rd:^' nothing material from what 1 have already stated ""'''"''^ Q. Was the certainty you had of the prisoners' discharge on Tuesday last the cause of your having rr,ade arrangements for their escape that eve „g, nd d^ you not, .„ anfcpation of their discharge, cause their clothing and iher effects to be removed from the jail previous to the rendering pf the Judgment? A. I hardly hoped for the discharge of the prisoners on Tuesday. I had 8..pposed that the counsel for the prosecution would make some opposk^ n and I understood the Hon. John Rose had a speech in type.of some th ty o d ^ to be dehvered, and Mr. Devlin to be very earnest and eloquent, and like y ta occupy the Court for an hour or two, at any rate ; but my dut; was to Le everythmg ready lest they should be caught napping ; andjl ordered the boys t! have the.r thmgs put m their trunks, w.th their names written upon them, so that they could be dehvered to my order, and the most of them are now a charge of the jailor. ^ "* Q. What day did you instruct the boys to have everything ready 1 . A. Sunday or Monday, previous to the judgment. M. DEVLIN applied for the postponement of the investigation until U o'clock a.m., to-morrow, which was carried unanimousiy, and the CommL •djoumed accordingly. ^' "° '"® t.ommittee' 34. TUESDAY, 20Lh Dec, 1864, U o'clock, am. PB..KWT-Aiderman Rodden, Councillors Leduc, Devlin, McGiy,on. ami McCready. George N. Sanders' exanjtnatiun continued. Q. You have stated that you had hardly hoped for the discharge of the pri- ioners on Tuesday, as you supp.,sed that the counsel for the prosecution would make some opposM.on, permit me now to ask you il it is that opposition wa» made to t^he discharge of the prisoners by Mr. Devlin, and that after be had eoncluded bis address to the Court, the Hon. John Rose ros^ for the purpose o£ •peaking on the same side, and was refused a hearing by Mr. Justice CoursoL A. From what I beard and saw, the counsel for the prosecution we/e perhaps thrown off their guard by Messrs. Abbott and Laflamme not appear- ing to give any importance to the movement of Mr. Kerr, and rather enjoying the aughat Mr. Kerr, and thev were not paying much attention to Mr. Kerr, while the Judge to my mind was giving all his attention. Mr. Devlin made a speech in opposition rather apologetic to the Court for taking a serious notice of the application. Messrs. Rose and Devlin both rose after judgment was rendered and endeavored to stay the effect of the judgment. Soon after Mr. Kose arose, the debate was put a stop to. Question by the Chairman: When were you iirst introduced to the Chief of Police, by whom were you introduced, where did the introduction take place what persons were present then, was the delivery of the money in his posses' sion then talked of? * A. I was introduced to the Chief of Police on the Sunday after the St Al- bans raid by Mr. Jno. Brune of Baltimore, at the Donegana Hotel, in the pre- sence of Mr. Justice Coursol ; my friend Brune seeing them in the street, and knowing rny anxiety to know something of the raiders, brought them in and introduced them to me ; nothing transpired at that interview except inlorma- tion to us in regard to the capture of the prisoners and their condition ; no allu- sion whatever was made to the money except as regards the capture of it. but nothing as to the disposition of it. Question by Chairman: When and where did you first speak with the Chief of Police in reference to the delivery of the money in case of the discharge of the prisoners ? * A. r think it was on or about Thursday preceding the 13th instant, at the St. Lawrence Hall or at Dolly's. Question by Chairman : Have you had any other interview with the Chief of Police than those mentioned in your previous examination? A. None special or material. CROSS-EXAMINED BT MR. tAFLAMME. Q. Are you positive that the Chief never received anything ; never was pro •nu«d anything to your knowledge for the delivery of this money ; and if .ucW 'V 36 J^a. .een the case, .0 ,ou .eUeve it po.i.e .. ,ou wo.. .. H.v. .„o^ tvithout my knowledge, and I hale no Jo T. " "'"'^ °^"'"^«« ^"^ hi'" «n.se being made by L^ one cerlain v nott '' "'.r^ comp.nsat.on or pro. Pistil: tri^::tr;;L\=:t— -r ^^ ^^-— • «moant, which wa, deposited in theclZl I ) '^"""'"' '" "«'"« °f '^e ;-northiscity,toabidethedec,Ino aCoJor'^'- " '*"''"^ '"**''"- »'ty of the Chief for having given up the nfon u'"'"' '^*'^'^"»^' ^^e l.abi. riglit of any party to claim ft ? ^ """'^ •*» ^« ^'''^> «nd declaring the A. Messrs. Kerr and Laflam.e were authorized to rnake such ofl Q- Is It not to your knowIed^A ihaf n , " °^"' proposition was Ide? ' "'*' '''' <=ompIainant has admitted that such A. It was admitted by him with •• .i:„i,* fee has not explained. ^ '^ ' "'^^' ^"ahfication, which qualification Q. Are you aware tbat this proposition was refused ? A. I was informed by Messrs. Kerr and Laflamme. H. Did not the Cfiief on evprv ««^o«- "-ouW not do., .„!„,. j;^jl,j,^;™™;; "" ™pl..uc i„ ,.yi„j ,fc,, ^, Q. Do yoa know if ,„ch Counsel was consulLJ j t A. The Chief i„fo™.d „, ,^„ ^"17?' "''° "■"' "" """""I ' Krtward C„,er, Es,„ Q.C., .„d a, ,hey mI: dt ""• """" '-■°°-' •"" ----yof,hep.sone.whowL^™;:;-r.^^^^^^^^^^^ HE-EXAMI^HED BY MR. BEVLIX. Q. Do you Wish the Committee to understand th,. xant of all the circumstances connecteSw tt L ^°" ""' ''"''"'*"^ '^''g"'- causes, and that nothing took placet. rXec: to rr'''^ '"^"^^ -'^ '^« knowledge? ^ "reference to its disposal without your A. I mean the Committee only (o understand fr. £urrftr;;rtd:i::-!;- -- -co^..,... "'" ""'•"""""■ "■«/!.,„ passed r;;:'? f,' Jl^ "''. ''"''''' "- I i at -i- .fca. i. w.,. I supposed a t7;l\7r:;.lC,?; '"'"'"°'"'- Ag.,„.t ,t_Me.m. McGibbor, McCreaJy. ''««'■'". Qite$fim by Councillor McCnaft,, t „ . -y know b,. per JaUy, bu.„„ ^'^r.^trs'lT"""'''" """ = "• bim to my knowledge. ' ^ ^"*^ °° interview with, ."«.M, .b. . „o. ,be .,.„. ont u^;:^!!- r j;r'^ ^' ^'- '"- y. 18 It not to your knowledge that the Chi^f of p«i- to .b. ag.„,, .. ,„eh .g.„., „, ° .„, I:,*;';;(°" '■« «• •'" i«trod„c«t A. No. -^ And further deponent saith nor, and hath signed o A » ^^^- ^' SANDERS. 0. A. BcKTo..of Burlington,StateofVern,ont, banker, sworn • Q. Are you connected with any of the Banks of St A k what capacity ? / « canKs oi M. Albans, and if so, in A. I am President of the Franklin County Bank of St. Albans. Q. Was there any money stolen from that Bank on the 1 Qf h r n . u •nd if so, how much 1 ^® ^^'" ^^ October last,: A. There was; some seventy-five thonsanri a^u •ISO «ole„ irom .b, S.. Alb.„,/.„; h F.rit!!r^ T """""'^ "'" I w«i informed. """"'"'"»' B«k at St. Albans, a. »te throDgh who$v vet introduced 37 Q^ Is it within your knowleds-* thaf « i» •tolen was found in the j^^X of hJ '' '''' ^ ^'''''" '' '»^« '"^'"'r no Justice Coursol, and thatTesalV Vt '""°"' '"""^'^^ discharged by Mr. Chief of Police 1 " ''""' ^'^ ^^«" P"' '" ">« custody of Mr. Lalit j A. Yes. lion an^dlrj^^^^^^^^^^ respecting the reten- occasion when you h'a d su Tve"; ion "'.^ '^^ "'^^ ^""^^''^''^ "P- -ch your knowledge respecting this JaZ? '''"** '" P"'''^"'^" ^^^^'n bntfo?x: ^ht: oT;;:: :?:r' '°'"r ^'^^ ^-^"•" ^--^^ Bank Chief of Police. I ea.e ItoZjrl'Zlu^^^^^^^ '' Mr. LaLthe. t'> 'et me se. ,he money. He Ik me in U I "' '^'' ^^'«^' ^'^^'^ ^ »«ked -y,andle..m,nedit.' Bef r LT^^l^t'^h T ^'^^ - ed before some officers of the citv in nH 7' ! ^'' ^^^'^'^'n^on was call- before the decision was given Z Chi f ^'' ^ ''^'='"««- ^ «hort time (M. Devlin as the attorLy^^/etBank:^^^^^^^^^ "1/° ^^^« "^ ^^^oraeY dec.su,n, and if he was discharg d and hel "'? ^'"^ «^ ^''^ ^'^e of the Mr. Devlin to take the bag from his ha„t f*."^ '" ^' ^''*" "P' ^^^ thought we -re entitled to the mey^d^tr^^^ ^e h.m of the request of the Chief ZdZ / '^ *° ^'' ^*^''"' ««d told «^ner back to custody, and there wanoth'"" ""'' ""'"' '' '^'"^"d the pri- -ney Some daysa'jter th mJI rMtfreTlT T' '''' ^^^ «»>-» 'L he ra,ders were on trial. I a;ked M.Lam ^e I rtT"' "'"^ "'^''^ «" h! ?r;"""u °' ''' ^'•^"^"" County Bank bTl haf r .; ' '" '*' "« «»'">"« the Oou,t had adjourned for dinner. Mr L Ith. . ^" '"^"««^ while back room of the court, and he had all th tit T '"^f^^f «^Wd into a that was taken from the raiders, which he sTdi / ''•'' '" '^« -«'«««, •nety thousand dollars. I took memorand;mt oT h« ""''^ ^'^""-"^ '«> ^n County Bank b.lls as marked on the Cpers of TTJ "' '^« ^'•*"'^- whichamou,ifedintheaggreffa(eto,omot?- r f ""^ '''^«'"«nt packages theChiefif this money wfsSt^tfrt^r^^^^^^^^^ r phed that u was i„ the government ifficerThard; ??' ''"'""' °^ '^^ b* (f do not remember which), and that iicnl .u °' '*"" ^^^'y officers' hands t\t"/t'?"^'""^^''«^-k^^^^^^^^^^ I requested that but that I should let it be until after he 2 Wh ' ^" '''' ^ '"'^^^ ^o ^o fX;r''''"'^"'''^*-'^'«^-ekn w^^^^^^^^ them to court i therefore went home, and have not seen himtilt ^k^ t:^ [hf ^ ''• A. I cannot say that he did. Q. Were you informed by him ih.t h. ....... „ . . eommunicatir with Devlin la rn^H ^ — -^ •iiv/iiCV ^y,miUout 38 A. I cannot my that be did. yo?; pZlTy ;'"" "^ P^^''°" °^ '^« -"- ^^-^ -- P"t into hi. hand., a. A. Idid, to the amount of some $35,000, which I could identify. y. Were you not informed by Mr. Devlin wl.«„ „ doubts about the ultimate safety ofthemonev' tlr ^"" "T''''^ '" ^'"^ in the integrity of the Chief and Ifh- 1 \ '"^"'^'^ ^"'^ confidence in the matter/no mattertL:! rlu Zt h^; "' '^^'"^'^^ hands of such authority On that llT rl ^ T"*^ '''^°'« '^ ^'^' ^^e returned home. '"'""'" ^ ^"'^ *^« "^'»°«' confidence and CROSS-KXAMINED. ^ Q. When you asked the Chief to allow you to mark the bills of th. s» a . bans Bank, did he not answer you that he was bonnH , l '* ^'' which he had received in deposit and hat h n ^''^ '"'''°' '*»« *»'"» .Iter them, so lo„« as he llZl^Z Z' rsLtV": d""7 T Court or something to that effect ? ^' ^ °'*^" °^ '*»« A. He did not, but said that I should have the Drivil««. ^« i • . fore they parted from his hand«, if they Jefe If \ T;'''"' '^'™ ''^^ Banks. ^ "°' handed over to the Q. Are you not aware that it was hia ii„tv r.«f »» n on such Bank bills so long al herd^m^rh rclX^'anT^^^^^^^^^^ ''' bound to restore them such as he received them ro thT 'r . "'** legally entitled to them after the judgment 1 ^' *'' ''''' '"'^'^ "^ A. I was not aware that he could not let me mark them. And further the deponent saith not and hath signed, . 0. A. BURTON. The Comtnitttee adjourned until thi^vening at half .past seven o'clock. EVENING SESSION, J..ent:-Alderman Rodden; Councillor. McGibbon^turLaMle, poIZ^lfr"'"' ''''' City or Montreal, Advocate, being.worn, de-^ 1 am the partner of the Honorable John Rose and on« ^t tu n c«. of .h. St. A,b.„. raid... ,.b.„. Z ^Z' NovZ «. Mr's '° ""J ing sworn, de« 3» pfeient in Court when tha Jii,l<»a «# c • daring that he had no iu isdict „ A ['"'^'''^ ^'' ^"'^^'""^ ^- fce discharged, not only Tn he « l. r t u^ *""* '^'** '^' P"'^'" ^"« to banks, b«t al o i„ the fie le ? T' ''^''"^ "' '^'^ ^^^ ^Ib.n'. the prisoners, bu he enqu.rv un r'^^". f"'' '^'"'^^ P^'"^'"^ "^^'n'' kept in .bey'ance, and wTich ha noTh 'T '^ ^'^ ''"'' '' «--»' lieved, the jud^e efused to h.«r „ "■^"'^' """^ "P"" «^"<=*' " I be- left .hlo./t, aUtl'by^rrjf^^^^^^^^^^^ *o™p1aint agdnst the prisoners for therll K ^^'V "'' ""^ ^''^^^^'^ * ^^^««» Albans. As soon as the coml, t w!» f !.'' '''' '^"^ ^'''°"«' ^'^^ ^' St. i went to the Judge,' ChamS « Z f ' "" 't '" '''''"' '^'^^^^ -'"«'«»• ing .ny judge in Char„Cl /o.erj tTp 'r^ f ^^^ '°"'^'' ^°' «"''• fcim absent, and was told that he vvas tilfafh. r . u ' ''''''""' ""'^ ^°""'* *>ut failed to find him. I w*nt ak 1 hilr ^ """''' ' '''''''" ^^"• Sowles. and finding the Jud^e a hor^e ilaf ,.'"''' ""'""P""'-'^ by Mr- ar,d asked for a warrant fo .fe rlar" 1 o t ' """'" '^""'P'"'"' '"'^-^ bim. as /ully as f could, and al o , e grouL '/"T"' ^''" "^""^ '''^ ^««« Judge Coursol had discha ged he „! Z ' '. "i^""'°"'^ '^^'"' "P°" ^b.ch re.spo„s.bi.i,y of issulg t f J rt ^ ^ '" ^^'^ ^"^ lay the application tia next day I th.n H "'"^' J"^ P^^f^rred we should de- plaining the matter to him LrLiy signed' .r ''' '"''"' ^'"^ "^'«-- I then drove, in company ;.th the Hon I ''7^7"^^*hich I applied for. half of the United S,at-:3Gover, ment to'.T; Esmonds who was acting on be- nette ; we found him absent, ::T:::'::^^^:Z:^ ^^:^T''' ''"" gaol. Dr V nff to the iraoi u-« f«„r,^ u ' ""^ ^ad gone to the Chief of Police- but was ton ,h A ^""'' ""'^ ''''*^^ ''"' ^'' I'«'no .0 execute U .. „„„. H. .he. Z ^'tlZ,^;;';::::: 40 r;a"AreIretet:^ ""'" ^^ ^^'' ' ^P^^^ ''^ thought of which h^htuhtrl^^^^^^^^^^^ Albans Ban.s, and reference to the money bu w^: f '? '° '"'" '^'^ ^^^ ^'^"^"^ ^''d no Judge Coursol. As UhoS^L U f u"''"'' °' ^'« P"''^« ^^^^^arged by 1 told hi. that wetad sttaettheToi; JsLT ^ ^ ""'^ ^"""^^' ^' °" ^'■«^' that I had requested Mr. Frynn the sub Chi. "'' ? '' '"' '''" ^'^^^^ ' he had declined to do so wi.hlTr'h VJ^ r ' "'''"'" '^' ^"^'■^"^' »'»' ^hat swered. '^ He d d ou te r t t" <^\^r °^^«'«) -"«- Mr. Lamothe an- without my ordrs I luM,; ^^"{."^ ^e men had executed that warrant warrant .'to 'her room 177 h" 1' """'"^•" «« ^^^ '""'^ ^^e read it. Upon htreturn helM rT'"''^ l''^ ™'""^^^' ^« ^ ^"PP''^^''. '» would do so bu'r rwir^L;^^^^^^^ the.arra„r;he any one else. 1 answeredThat J did nnT . ".' °'^''' '° ''"'^« ^^°™ '"^ "' I wished h.m to execuLtt L- trjr: ^^'1^' t^' '" ^ to receive from any Judae • thaf h« „, *^'*";"^' "« said that he had no orde-s order, and that he was i„d; en e Hhe'r "' '° ^'^""^^ '"'«« ^"""'"'^ immediateanswer, whether wo^^^^^^^^^^^^ / P--'^ ^- for an that the case admi ted of no d.ll 7 ^""'""^V ^^'"''^"^ °'' "°^ '«"'"S ^'"1 the quarter past e^t •clocktai;" ! ^r^W "''.' ''' ^""^^ "'^^' '^^ ^'^ and that he wished to t k ad v e «« " hi 1 hT * '' "'' ''^' '^^ '^''^ »° '^'■- that he would not give us auanswar h r u ^'^ '" "''"""'" ''' "''"'"'' «"'* was then seven o'clock Tconslrrth ' '""'''-^'^^'^^^ of a„ hour. As it the warrant, and con:';t: ;t fn '^irrwah;-^'"^; t'^' " ^^^^'^ previous conversation Mr li^.^L a T , ""' ^" ^^« '=°"^«« «f the the matter, bu ha w^r ^^,7"^ ' ''' '"" accusations of wrong ia iorseverai'dayspulLZ^^^^^^^^^^^ hg that be ough to give it ur, and „rh !k u "°"'^' '"""^ P^^«''"« "^y- not ca.e for eitler the No ho'r he str th t ! rl' i" "'^'" '^' '"' '^^ ^^ of the money the South wou d havf Ind au U w'^h h '^''Tt ''' '^''^'^ given it up, no doubt the North wo.!i, h u '"' ""'^ ^"^^^ "« *>« ^^^d done righ n giving it uo Mr Z, . ™' ""'^ '^*' ^^ '^°"«ht he haj conversation. We fh „ le'ft Zl'S,," ""^""^ '"""^ ^^« ^^^^'^ "^ ^'^^ -nd found him goingri\:tou';er;w^^^ r;e:^:s^;rrrr:,rr^^^^^^ to apply to Mr. Lamothe fTrmen hTi '?^'' '"""'^"''' ""'^ ^''^^'^ i''"* dence and Mr. Biss^net. wen^ n alon^ ^ ".'r ^° ""^ ^^'""^^'^'^ ••-- nette returned sayingthat Mr Lamn^h' /V^'Iff .'"^^^^^ -"inutes Mr. Bisso- hour to decide wh'eth'e ! he fo^ld i^ him ^ " nc^t '''' '' T'' ^"'^ «" not. Mr. Edmonds had walked on7nr.„n.u ? '*''"'" '^'^ ^«"«"' °^ .leigh, Mr. Bissonette toirme h Ar LairK H "J '' ^^°'"^' "' '" ''' .na he went . .et MrrCour^oI^X ;^;Sr I ^::ic^r::Lr losed he thought bans Banks, and warrant had no s discharged by >yed at our visit, ) find him there ; 'arrant, but that Ir. Lamothe an- sd that warrant [e then took the I supposed, to the warrant, he ive from me or ■ order, but tha^ e had no ordc-s "udge Coursol's ised him for an of, telling him ntiight leave by le had to dinei e warrant, and fi hour. As it Jsal to execute e course of the »ns of wrong in lathehad been J persons say- it, but he did d the custody hat as he had 'ought he had whole of this . Bissonette's jonds remain, 8, 1 requested nd asked hina mothe's resi- s Mr. Bisso* inted half an le warrant or ed us in the that the par- wered " hov/ iisol's house T assistance* 41 He returned in a few minutes saying he had received a verbal order from Judge Coursol to Mr. McLaughlin to place the Government Police at his disposal. We then drove to the Water Police Station and saw Mr. McLaughlin, who said he would give all the assistance possible. There appeared to be only four or five men at the Station I then went away from the Station, leaving my sleieh for the high-constable and police. ° j h Q. Isn't it your opinion that if Chief Lamothe had executed the warrant in question with that promptitude which the exigency of the case required that the raiders or some of them would have been arrested ? ' A. It is. Q. Is it your belief then that the escape of all the raiders after their dis- charge by Mr. Justice Coursol, is due to the refusal of Chief Lamothe to com- ply with your urgent request that he should immediately execute the warrant which you caused to issue so soon after the discharge of the prisoners ? A. I certainly do think so. I was utterly amazed at the position assumed by a constable in deferring the execution of such a warrant issued by a Judge cl the Superior Court, from any motives of personal conveniance, or for the purpose of obtaining advice as to his legal responsibility, the more so. that during the whole time I was -n.-^ccted with the investigation, Mr. Lamothe acted under the direct order of Judge.Coursol, and, as I believed Ihad been ac- tively instrumental in the arrest of the prisoners or some of them It was mor- tifying in the extreme for me to find, accompanied as [ was, by"a gentleman in Mr. Edmond's position, that it was apparently an absolute impossibility to execute a Judge's warrant in the city of Montreal, merely owing to the delav or reluctance to act, of the Chief of Police. Question by Councillor McGibbon.-^Yvom your experience as a lawyer in these matters, was it not the duty of Chief Lamothe to execute without any delay whatever, the warrant signed by Judge Smith, and which was placed in his hands by you ? ^ A. I did not, at the time, when Mr. Lamothe delayed on account of his alleged doubt as to his responsibility, know precisely what his liability was but presuming him to be a constable or Peace Officer, [ consider it was his' duty to execute Judge Smith's warrant without hesitation or delay. No doubt Mr. Lamothe's oath of Office was that of a Constable of Peace Officer and ^ think It very extraordinary if he is entitled to disregard the warrant of a Judge' of the Superior Court. * CROSS-EXAMINED. Q. Did not Judge Berthelot give you as his reason for refusing to issue the warrant, the judgment rendered by Judge Coursol requiring the warrant of the Governor for the arrest of the prisoners ; if not, state the reasons he gave von A. I did not consider it necessary to state in my examination in chief alHh* conversation that took place at Judge Berthelot's residence, but as the question It put to me, I give the substance of the reftsons assigned by Judge Berthelot ■■«wv«n^ "q"'«J '0U"de,,ake ,h, whole e„,"L°''trr'"?' "■'■"''' '» b™''^ ' dul,.. would „„ p„„i, y^ u„r,Se ' """ """"'""yj-dicia warra,,. „„medi.,e|y, a„d feari„, ,. "h. : ^! ""' ""'" »" '" "ta-fa lie »uble personally ,o ..i,, ,h. inveZ.t' \,f ""' '"'''''' '° S'"' «"• 'h. r.ng.,„e„„ would „„ doob, be' Id, TTr ":"""•"• •■■" "»' « warrant had a blank for i,. re-™ «„ ^ ""■ "^ ' """'-l "hat ,L ..«PPns,o,eflec.„h«herth.pr2e, *':;,"''■' "'^ ""X hour wi h no. , .here waa nothing aaid ab;u. .„e "^"1. h """"' '^''"' "" ^onr or M 1 nnderaland Judge Smiih ,„ aay Ihauh. T ^^ " """'■»«•' «"« ; "or kour „a,..d i„ i,. I ,hi„t , „y ,h', ,~''"' «-" >» b. returned a th, would com. up ,or hi. consideration the n.^"^"" '7' '"="""' "" """" opinion a, to the correcln... of J„d.e C„ur?„ . ■ L ^ ^° *"'"° '"P'^'^d no Sm„h .aid , inferred that he wa, noCr. aV"toT"'; Z'™ ^'" '""T' «. rant, but when 1 urjed that we w.t^e e„,m , ' °'"'«"'''° '» '«"« Ih. .«« a. fully in fore, he consented J^ll^tZZr^'^' '" """" <" Q. Sup,„.i„g the judgment of Judge C„ur»l ZT w«. Jotlge Smilh-, warrant valid ? '° '" '° «~kI«iim with l.„, A. I cannot .uppoae Judge CouraoP. decision .„ h W...C that no tnatance can be found i„ which .Pol ' T""* *" '"'• '" ' «. u, dacl.,. . public .utut, uncowtitufl f„; ^' ^«',"""« "•""."".- - -w. "KWcs, lie had acted *3 )l ZtZntr '^'^"'''^^•''^'t^'"'*' »-'' «» ' *'«''«ve, under .he advic, .nd direc ■on of the Government ; but assuaging, as I am asked to do, thai h:s judgment m the case of th^ St. Albans Bank, was according to law, .s dischaL oT h! ,.nsone.s upon all the other charges which had not been fully q uL n o ..d n wh.c no application based upon a supposed want o^l.slctiln 2 made, was, in my opinion, manifestly illegal, and, as 1 have before said the Jidnk of St Albans, in respect to which the enquiry was incomplete and no .ppLcation for the discharge of the prisoners iJbeJn made Evn 'posing Judge Coursol's judgment to be entirely correct, 1 do not consider Jud^e s3 warrant absolutely invalid, although not preceded by a warrant rom thTao rrrLSr """-^ ' --'-' '-' - --^'« - -^^'^^ --l on?; h^'' *«;y"'l;"^*"d that you say, that if by law, these parties could only be arrested under a warrant issued by the Governor, that a warrant is- -ed by any other party, judge or magistrate, would b of anyrfflct and wonld^entitle the officer executing it to the protection of the law, ZT.yt n.t'J-' *'"''''°" '""!• ^"J " ''«'"' °P'"'°" " »° "l**^ ^^-^'^tance a party named in a warrant which might be declared invalid, would be entitled to ma e, and I am not prepared to answer it without r;ference toautho tls part,cularly as I consider the quest.on does not arise under this enquiry If Judge Smiths warrant was an absolute nullity, I suppose any officer 4b upon his own responsibility, refuse to execute it. *^ ' Q. Will you state that any officer of a court of justice after hearing a iude- ment pronounced by that court, declaring a warrant null and void'couldt bound to execute or be in any way liable for refusing to execute a Warrant of he very same description three hours after this judgment, or at leastTask for i;;r:igr rctT " '''' "^ ^-^^^^ ''™ '^ '-^ -^ ^- -^^-^''^ "--i mS'J^VT ^."* '" ^^ *^"''^''°" " "°^ '^« «"« applicable to the fact, in thi. matter Judge Coursol is the Judge of an inferior court, although havijlcon! carre„ju„ diction, under the statutes, for giving effect tJ the exfradni o.'reaTv Z bl ! •" ''' 1 ^,'"P«"- C---* J the judgment was rendered by him an^ «ot by a judge of the Superior Court, and 1 consider, as I h.ve stated in mi ex- amination in chief that the delay asked for by Mr. Lamothe before he Jo Jd g ve an answer whether he would execute the warrant, amounted undrtte ctrcunnstances, to a refusal to execute it. and I consider that he had no righUo hes. ate before executing the judge's warrant j .and I certainly thinT. he fa ^ ! ble for such virtual refusal to execute such warrant. the'^iu^eltion"""" ''' '""'"' """'"^ '''' ''''" '' '' "^^^ " «'« "tated in Uitl\t'\T'^ «^°''' '^^' '^"^"^^^ ^'"•'^''' «'^""«t ^" an absolute nuN ««y, I thought an officer might take the xesponaibility of not executing it I consider that the officer would be bound to execute the warrant, and I consider the pretension ot a constable to pretend to judge as to the validity of a Judge's warrant entirely unwarrantable. Q. Will you please answer " Yes" or " No" the question put to you — that is : Whether any officer of d Court of Justice, after hearing a judgment declaring a warrant null and void, could be bound, under any penalty, to execute a war- rant of the same description three hours after this judgment, or would he not be justifiable in taking three quarters of an hour for considering his liability. Answer without reference to study Judge Smith's or Judge Coursol's judgment* yes or no ? A. To answer that a ^:m r ' ^ would be entitled to the delay demanded! would be to assume that e < constable or peace officer to whom a warrant is addressed would be entitled to decide a question of jurisdiction which had been decided in one way by one Judge, and whicli, in so far as the ministerial action of the constable is concerned, had been decided in an opposite sense by another Judge of concurrent jurisdiction. I consider the question fully answer- ed by my answers to this and the previous questions. Q. Is that all the answer you can give to the question t A. I refer to my previous answers as fully answering the question. Q. So you cannot say, or will not say yes or no to that question 7 A. I have already said that I consider the question to be fully answered, and I consider it a mere waste of time to repeat what I have said. Q. So, if Judge Coursol had been of the same jurisdiction and rank as Judge Smith, you believe that in that caea the officer could have hesitated to execute a second warrant of the same description ? •* A. I do not consider that the question whether Judge Coursol has the same jurisdiction and rank as Judge Smith is material, in so far as the action of the Chief of Police is concerned. Q. Did not Mr. Lamothe tell you, when you called upon him to execute the warrant in question, that it was the first time that he was called upon to exe- cute a warrant of the Judges of the Superior Court or of the Court of Queen's Bench since he wap appointed Chief; that they were always given to the High Constable, or other officers of that Conrt 7 A. I have no recollection of his saying anything of the kind; I made a written memorandum the next morning, of all the material parts of the con- versation that took place at his house on the occasion above referred to, and I have no note of any such statement. It is very likely that he said he was puz- ilied to know how to act under the circumstances. Ten minutes did not elapse after we left Mr. Lamothe's house until we found Mr, Bissonnette. The Hi^ Constable went to the Bonaventure Station before the train left. Anil further deponent saith not, and hath signed, THOS. W. RITCHIE. it, and I consider idtty of a Judge's t to you— that is : Igment declaring execute a war- or would he not ring his liability, ursol's judgment* lelay demanded* vhom a warrant ;tion which had s the Riinisterial pposite sense by ion fully answer* uestion. stion 7 fully answered, aid. nd rank as Judge itated to execute ol has the same be action of the m to execute the ed upon to exe* lourt of Queen's given to the High ind ; I made a arts of the con* eferred to, and I said he was puz> tes did not elapse ette. The High It. 7, RITCHIE. 45 the Cotjnsel for the proseenfion stated that the investigation was closed iff so far as he was Concerned, with the reservation of putting in a written state-- ment in answer to statements produced by fhft defence. Adjourned to 2 o'clock to-morrow. WEDNESDAY, Dec 21, 1884, 2 p.m. tRESEjrt :-Aldermen Sodden, Leclaire; Councillors McGibbon, Leduc. La- belle, McCready, Devlin. The Counsel for the accused asked until 2 p.m. to-morrow to produce wit- nesses. Application granted. Councillor Labelle moved that the proceedings of this Committee be not sub- mitted to the Council at the meeting this evening, inasmuch as they are not completed, but that delay be asked to complete them. Carried. Councillor Labelle moved that this Committee have noticed with regret that some newspapers of this city, both English and French, have taken upon them- selves to publish certain proceedings of this Committee, which this Committee deemed inexpedient to publish, the more so as these proceedings have been published by these newspapers in an entirely incorrect form, and that this Com- mittee deem it their duty to declare incorrect the statement that His Honor Mr Justice Coursol did answer in the affirmative the question relative to a pre- tended conversation between Mr. Justice Coursol and Mr. Devlin. Carried unanimously. The Committee adjourned until 2 o'clock on Thursday. THURSDAY, Dec. 22, 1884, 2 p.m. ^ Present :-Aldermen Rodden, Leclaire; Councillors McGibbon, Devlin, Le- THE DEFENCE. Mr. Uitmtae, Q.C., proceeded to examine witnesses for the defence. Franco! Cassidy, Esq., Q.C., Advocate, being sworn, deposeth : Q. Do you consider that Mr. Lamothe was bonnd to deliver over the moner to the parties arrested after their discharge pronounced by the judgment of the Judge of Sessions in the matter ol the St. Albans Raiders ? A. If Mr. Lamothe was present when the judgment was delivered, as I as- sume that he was, and if then he was not notified not to deliver up the money either by the judge or by the parties interested in such moneys, I consider that he was bound forthwith to deliver up the money. Q. Do you believe, that after hearing a judgment declaring that no warrant could give the right to arrest the pariies unless one signed by the Governor that he was justified in asking for half an hour or three quarters of an hour, ta ascertain whether be could legally execute a warrant othpr tiin« «„- .. j'u.. the Governor 1 ' ' "^""" "' 46 11 ' . • A. Under thew ctrcumstanc«8 I am of opinion that Mr. Lamothe was fully justified in clainning half an hour, and«ven three quarters of an hour, to exam- ine the expediency of executing the last warrant signed. Assuming that Mr. Lamoihe did hear in Court from the Judge, that the Governor General alone could gram a warrant for the arrest of these gentlemen, I am of opinion that he would have acted contrary to bis le was found, he consent- ed to execute the warrant, and how do you account for Justice Coursol him- self, the moment he was called upon, ordering that the Water Police should promptly assist the High Constable in making these arrests ? Objected to by the Counsel for the accused as being irrelevant, and asking the witness to state why other parties have acted differently from the party accused. Question allowed on division. A. Of course I cannot account for the motives that actuated these two gen- tlemen when they so acted, assuming as I now do that they have acted so. It may be that hiving reflected over what had passed, they might have thou-^ht that the decision which had been given in Court by Mr. Coursol was not en- tirely proper ; Mr. Coursol subsequently to the decision given in the cas? might have consulted with some friend who might have told'bim that his dT Hi h 48 cision vfras not proper J and (his might account for bis conduct respecting the order given to the Water Police. As to the High Constable it may be that he was not in Court when the Judge delivered his judgment, hence his readiness to execute the warrant. If Mr. Lamothe had some time to reflect over the new proceedings that were adopted as above stated, he might possibly upon advice have been convinced that the judgment rendered by Mr. Justice Coursol was not a bar to another proceeding of the same nature under a warrant of one of the Judges of the Superior Court. Q. When stolen money is in the possession of an officer holding it, pending the trial of prisoners, to whom should be deliver it on prisoners being released/ and what precautions should the holder of the money take after the judgmen' of the Court, to satisfy himself to whom he should give it, and when it should be given out? Will you also state the custom which prevails in the Couit, ia the disposal or delivery of stolen money, and to whom it is usually given 1 A. According to our laws when a party is convicted of having stolen money, so soon as the trial is over, the owner of the money applies to the Court for an order that the money be restored to him. And a dei||nand of this kind being ac- cording to law is always granted. If the party chirged with the larceny is declared not guilty, then the mode to be followed is the following with respect to the property, viz: the party who lays claim to the money or at whose in- stance the prosecution was carried on, resorts to a civil process by way of attachment in the hands of the officers of the Court ; and if such a proceeding is not forthwith adopted, the money is paid back to the party in whose pos- session it was found. BY COUNCILLOR LADELLE. Q. Irrespective of this usage followed in certain cases, and which consists in asking an order from the Court to have the effects restored to the person in whose possession the same have been found, is there anything in the law by ■which these persons are bound to apply to the Court for such an order, to be put in possession of the said effects ? A. As to the party who has been acquitted of a charge of this nature, there is nothing in our crimnal code authorizing the Court to make an order that the money be restored. He is left to his civil remedy. BY COUNCILLOR M*GIBB0N» Q* Considering that the St Albans Raiders were not acquitted of the charges of murder and robbery, bnt were discharged by reason of want of jurisdiction by the presiding judge, was it not the duty of the Chief to retain the money until the question should be decided on its merits, or without an order from the Court 1 A. If Mr. Lamothe had received a proper order not to dispossess himself of the money, it was his duty to obey such an order given either by the judge or by the parties claiming property in the money. And further the witness saitb not and bath signed, F. CASSIDY. let respecting (he it may be that be >nce his readiness I reflect over the >ht possibly upon r. Justice Coursol der a warrant of olding it, pending rs being released/ iter the judgmen* id when it should Is in the Court, io iually given 1 ng stolen money, ) the Court for an lis kind being ac th the larceny is ving with respect V or at whose in- •ocess by way of such a proceeding •ty in whose pos* which consists in d to the person in ling in the law by in order, to be put 'this nature, there an order that the ted of the charges 'ant of jurisdiction retain the money an order from the possess himself of jr by the judge or F. CASSIDY. 49 TESTIMOXT op A; A. Doiiroir. A. After ,he r,J::ZZlX''ZT "'^ l!""""' "»" "° '"'"""r -» re- P«'tie. from whom (h. iZTLTb^J.T""'' !" ""''" "«"> -«■ - «■• t'on, ,h, «g, „, Cou„ w ,/. c„„'4 '""■'■ "°'™ "■. received .„ ordet refusing to execute it t ^® ^'^'^* °^ Po'«*« justifiable in A. I understand Jiid»e Conrienl'o ,t^A- • . , 12th Vie. and that of th^e 24 n V \o„ ^1 K^' ^''^ ^'^ ''™^'"^'»' ^tatuteof tain offenders not to be binding ^ Z7 ^ '^' '"''' ''^ '"'^'"^ition of eer- legal warrant could have isl^^dV:' the 31^" ''^ T"^' ' '^''"^'^^ '''^^ "<> ing committed a crime in the United •?t,r ,"*'"" ''^P^''^^ abused of hav- l^revi^usly issued. ««der autto^rof U L Jmn':; T.:''' ^''"""^ ^«""«' '^<^ ing that a demand had been «iade by the ^^h ''"'"' '"' ^«"»"N signify^ their extradition, and re.uestrng a,l J , ce; tT';"' ''' """'''' S"^^" ^'r assist them in having them arrested. '^' ^"^'^^ «"*^ Magistrates to Q. Is the Chief of Police bound to execute anv nr^ I"--, and havin, reference to the Oify of MontrellT" """'''"' ^"^^^^ ^''°" A. The Chief of Police is an officer annninf a _. Act 14 and 15 Vic, chap. 1 28 hf s a pefce ffi " !'' P''°^'«'°"« '' '»>e «Il warrants, the same as the o be onstabTes tZ' '"' ''' ''°"" '' -««="'« d«r the directions of the City Counci wLo h.^e T^' ''''"' '' "^ "P" the duties which he has to perform 'icanntf 1" '""^'"'^ '° «^^'-" '^ him ^nowin, what instructions' or order r/rXT" ''\^"^^^^^^^ Councifi •'^ '*''^® oeen given him by the CROSS-EXAMXKED »T MR. DEVtiK. possession, and tut he was bound t de, le/ Lm ''^'""-J^--" ^i. -horn they had been taken unless he ha i ^n oT r ' [""" ^""^ Court to the contrary; now suppose that th ^^ '^'°'" '*^*^"*^g« «r Courso, had been tried before hiT ^ ,, ;;:'"""f ''''''''^^' ^y J"dge any of the banks of this city, instea ofTrm TeTl^'^'Z '''^''' ^^°™ during the progress of the trial a defect fataM. ,. '"' ^'"'*«' ^"'^ ^^at was discovered, which prevented fur. h.r J"nsdiction of the Court *he discharge of the pris'one: do bTl LTt Mn?' ^^^ ^^"?"^"^'^ '^' ^^ custody of the money would i'n such case h" kI ^V'A"^^"^^ ^'J'^^*^^ -'^ the ^ile^fcU thieves so discharged 7 " '" ■"'■'"°^* iUorthwitii tolh* ill 50 A. At the very moment a decision had been given discharging the piison«r», rconsider that ibey, the pii*oners, were entitled to have an attachment for the muneys taken fiom them when arres'ed, arid it would make no ditfert^nce as to their right to obtain buch attachment whether the money was supposed to have been taken from a bank in Montreal or Irom a bank at St. Albans. It ia diffi- cult, however, to suppose a case where an absolute want of j'lrisdiclion in our Courts would arije, il the cause of offence had originated in this country. Q. Suppose that it had been satisfactorily proved before you, that the parties claiming the money in question were not afforded a delay of even iive minutes, after the renderint' of the judgment pronounced by Judge Coursoi, for attaching the money by the officer having charge of il, what would be your opinion in case of the' delivery ? A. I mig! t have an opinion as to the prudence of making the delivery so soon alter the judgment as is stated in this question; but the delay ma me competent :« ^ A. The last case [ ar,es:ed wa, n ^""^ ^^''""'"^"•on ? »>»d at the lime of his arrest be u '!''"''""■ ''""^'''^ "^ ^^^al/n. jjo oof) • . -ssion: the pnsoner's : . ^ IZ ^C ^"' "'" '""'^^^^ ^"'"-'s .^^^ ^t ord'-r for two hundred dollars h I ''- ^' ^"^^ '» Mr Devi n ;o Morgan. ...d; the ml:;' I:: 'i::::^ "'''''-'' ^ '^'^^^^ from ,h.s City ,o Toronto, wh.re he 1 h r"'^' ^ ^" ««nt wi.h him g'ven to him without anyorder. '' "''='"^^''' «"d ^i" property wa^ Q- Do you remember anvrasfl ,..u -y was ad<,ressed to yo„ '^ Z, ^ T.y ^m" f'f^ ^^"'-^ «^ ^he mo- dered d,schar„n. the prisoner., to avoid iTl '''^'" J"'^^™«"' vvas ren- ' Perty ,mmed.,e,y after .be jud me , h' , ^^ ^^^.^^ ^^^ -ney or pr . A. N,., not to my knowledge Th. u ^ '^'■''°""'' ^ w^the money was attached in .n^r^J^ ;::;:: --. ^^ one Fo.M, ,„ 1 iisoner.. J„ several cases, ] .ol orders for- fh , ""' «'''«" "P to the i.^e compl.una,u received such orders. ^^"^^^^ed. I„ some of these caae Mr. Lnflamme declared he had no nfk «e e™,.,„.„, ,„„„„ .r.:: :4r:::° "• '° "■•• -•-"• A. I do not remember assistin- the Ch..f : . • frequently myself made such arrests nnn '""'''"« '"^ «"ch arrest hnt r / were all discharged but Question by Mr. Labolh—U it f„ „ , ' . A. On several occasions the late Phi f tvt rant, from the upper court. ' ^^'' ^^y'' '^^^^ed to execute war. V£. ^3 uiic 01 me Fo ice force anH = ^ . • " " .» -he oa.h Of Office, ., i. .^^'^J ^trr ^C.^" '""' "« ""^i^ 1 1 1 ' 1 1 1 1 1 1 .J l_ i 52 A. I am not exactly aware of the precise terms of the oath taken by the Chief of Police. Q. From the following oath of office being read to you, don't yon ronsider that he is bound to execute any warrant that may be placed in his hands, and more especially one signed by a Judge ot the Superior Court, viz :— I, as Chief of Police of the City of Montreal, do swear on the Holy Evan- gelists, that I will faithfully, impaitially and honestly, according to the best of my skill and knowledge, execute all the powtsrs and duties of Chief of Police and Constable, for preserving the peace and preventing robberies, and other fel- onies, and apprehending offenders against the peace, in the District of Montreal, so help me God." 28th November, 1861. A. I do not exactly know what the Chief should do. And, further deponent laith not, and hath signed. JOHN O'LEARY. tKSTIMONT or MR. KEItR. W. H. Kerr, Esq., Advocate, being sworn was ' EXAMINED BY MR. LAFLAMME. Q. As you know all the matters connected with this investigation, please state whether you believe the Chief of Police justified in bis conduct with respect to the charges brought against him, and if so, state for what reason 1 Objected to by Councillor McCready,on the ground, 1st, that Mr. Kerr hav- ing been one of the attorneys who defended the 8t. Albans Raiders^ when they were liberated by Judge Coursol, and being interested in their behalf as well «» Iheir friends, cannot be examined as a witness. For the objection— Messrs. McC ready and McGibbon. Against^Messrs. Labelle and Leduc. The votes being equal, the Cnairman considered the evidence of Mr. Kerr should be received. A. The St. Albans Raid case was not an ordinary case of crime committed within the jurisdiction of our Provincial Courts. It was in fact an exceptional case, cognizable. solely by certain officials whose powers and duties were in my opinion, in the existing state of our law, defined by the Imperial Statute 6 and 7 Victoria chap. 76. Under that statute, in order to give jurisdicfron to any of those officials, it was necessary that the Governor General should first issue his warrant. No such warrant having issued, the arrest ot the raiders and the takin g of the pro" • perty from them were both illegal. Consequently the claimants and the Raid - era being subjects of States recognized as belligerents quoad each other, on the . • ' I ^1 ■ L.. .U- T..^,.» Uo/nrA «»rV«r>nn tVlO I n VOst I CTH tjon Wflfl t>rO- H airest Deing ucciarcu uy me uuvigTr !•<-.••.•,. -r - 3 — , ~ ceeding as unauthorized under the statute, they were entitled to the money and securities deposited in Mr. Laraothe's bands as having been taken fiom tbemj he oath taken by the ou, don't yon consider iced in bis hands, and ourt, viz : — ear on the Holy Evan- ccording to the best of ties of Chief of Police sbberies, and other fel- e District of Montreal, And, further deponent JOHN O'LEARY. lis investigation, please bis conduct with respect vhat reoflon 1 Ist, that Mr. Kerr hav- ans RaiderSj when they their behalf as well as B evidence of Mr. Kerr ase of crime committed 18 in fact an exceptional •8 and duties were in my mperial Statute 6 and 7 my of those offkials, it issue his warrant. No i the takin g of the pro" claimants and the Raid - quoad each other, on the investi<'SitiQn was nrn- >ntifled tothe money and g been taken fiom Ihemi 53 looked upoa as the prfvata aLnt of r T n'' ^« "^''^^^ 'hat he must 1^ Depot. ^"'''' ^««"^ °^ •f«''g« Coursol with reference to that . "^i^^~dj:s:i8i::^/::^ ^t-^^-^ ^-^.e^mithwar, before the Judge of Sessions/w a a ' /n t '' ^« ^/"^ ''-r<' but a few hour. Provincial Statute 24 Vic, care if ft K T '''''"'^'''°" '"*«"»' ""^" our Judge Smith, declare that his warrfn,t^/L\'r:^""*'''J""«^''=''°^^ *'th that issued by Judge Smith. nuTlndvoiT con'' ^'"^'''" '^" '^P^^' ^o not extraordinary. i„ order to afford to m' lIT"'" ''' ''"'' ''^'^^^ '-" ing himself as to its validity Mr LaZf l ? u *" ^PP'"-'"nify of satisfy- District of Montreal, and wo^Id no^^Tete'L ^7"^ ' '"^^'^'^^^^ ^^ '^« rant issued by any J^e in an ex^I J^^ "^L h"'" '' """* ' ^"^ of Police of the C.ty of Montreal ; his dutyT o a.t h T' r''°'''' ^^^'^ City, and if he be liable to be ordered awav tol^ " '^' ^°"" "^ '^e extradition cases, it is impossible thl? he ca^rjrrr;:'' 'V"'"'''"' ^' office. There is an officer attached to our Oourt. 1 '^ •""' ''''''" °^ ^'• to execute warrants In criminal matter, o ^h „d Thlt";' ' '"'""' " '' Constable, and to bim should have been entru ed hi „v °^'" " '^' ^^Sh in question, I would merely remarkt.nn i '''\«*«'=""«'> of the warrant Smith's warrant is null and voL '"''""' ''''' '" "^ °P'«ion. Judge Q. Was not the Chief of Police, nendinir th. • the judgment, repeatedly notified ha'tc'e of rd'f"'""' ''"^'-' ^o he would be held responsible for any do^v oc J^ '^' "' '^' P"''«"«^- money, and to have the same in readiness ?^ ' '" '*'" ^^^''^^^ "^ 'he A. I can only speak from my own oeraonHl t„«. i 'j upon myself the task of regulating tTat pX o T'ltr'/ '^?°' '^'^ Chief once, and then I told him, I believe th.t I . ^ '^"^^ '° 'he -oon as the prisoners were dischaieed I inl .Tk '""'' ^'""^ ''*« '"°"«y ^ asking him. as if I had reference t'ot he pr Suction of 7 ""*''" "''" "''"''/ of the examination of witnesses for the Telle ij "'""'^ '" "'" •'°"^'« .t any moment to produce the moneyl Court Id he t7 " ""'" '"'« ''''" minutes. This is all the conversation I remember h» ''^'" '"'^"^'^ '"e. five 54) charged, was to be deposited in a bankins: institution of this city, to abide a judgment of our Courts declaring the liability of the Chief to the parties esta- blishing their right thereto. If so, state it ; and also whether the same was accepted or refused ? A. I had a pourparler with Mr. Devlin on the subject, either on Thursday or Friday last ; I communicated with the Southern gentlemen who were inter- ested for the Confederate government here, and they authorized me and Mr. Laflamme, or either of us, to make the following propositions : that the value of the notes and securilips delivered by Mr. Lamothe to the agent of the raiders, *houId be estimated l>y arbitrators at their value ; that that value in gold should be deposited in one of the banks here, and that the hank should execute a bond, by which it should become bound to pay over to the plaintiffs in any suit directed against Mr. Lamothe, founded on his delivery of the said notes and securities to the raiders, either the actual amount of the said judgment in principal, inter- est and costs, or the then value of the said notes hihI gecuiities, the amount to be paid on the judgment, not to exceed in any case the sum deposited. Mr. Devlin told me that he would make known the proposition to his clients, and that if they agreed to it, we should draw out articles embodying the proposition, and he appointed an hour and place, when and where 1 was to meat him that evening. On his arrival at the place appointed, he told me it was no use, that his clients would not condescend to such an arrangement. CROSSEXAIVIINED BY MR. DEVLIK. 'Q. Aa it has been stated that you know all matters connected with thi« investigation, can you inform me where the carpet bag containing the money in question now is, or what has become of it or its contents? A. I have not the remotest idea as to where the bag is, or who has the mo- ney. Q. You have stated Mr. Lamothe would have acted in an unjustifiable man- ner, and lendered himself liable in damages at the suit of the Confederate Gov- ernment or the raiders if he had retained the money and securities taken by the raiders Irom the St. Albans Banks, after demand made upon him by them or by their agent, permit me therefore to ask ynu if you believe he would have rendered himself so liable, if the Bank in which the money was depos- ited, being closed at the titne of the judgment, he had refused to make delivery until the opening of such Bank on the following morning? A. Had any damage been suffered by them in consequence thereof, I consid- er that he would have been liable. Q. Are you therefore of opinion that notwithstanding it was after banking hours when the judgment was rendered, the Chief of Police was nevertheless bound to obtain the money from the Bank in which it was deposited, before tha opening of such Biink the following morning, for the purpose of delivering it to the raiders or to any other person in their behalf? A. I am of opinion that Mr. Lamothe was bound to have the money in Court letice thereof, I consid- ve the mofley in Court 55 ^ririnfir the progress of ibn hi- -ouM have-be:., bound to ..^n^^ ovInS"'"' '"""'^T-^'v I think that h. ment being pronounced. His denoJrT 'T.'"""^-^ '° '^e raiders on the judg- be was bound to get it. '^°**""^ '' '« » ^ank was h.s o«.„ affairfand Q- Do you seriously believe fhaf .v ♦l «, -^ers or any one on Lir behalf LkL': ^f ' °^ ^^''^ "^d informed the Ja e had deposited it i„ the B nk a'i L't t""' ^" ''" ''' '^«' -^-y^ ;ha be,^„„,, „,^^.^ PossessionoM u n ; ""^'" bank.n, hours, and ^^^itt:;:^;:^:^^^^--.^^ ''--^'^^^e., .ouMhavereUeved -^Motde^r:^ warrant is nu, , and voi., fied .n regardiug its null,ty and in e/us.t o ^^""^^^ '"^ '''"^'''^ '' -«« Ju^U- A. I have already .fven an . ""'' " ^mediately ? -eets this question! u7 L\ Zl^t^'' ^^'^ ^^'^^^«^ ^^'^ ^''--ch «rs, though r do not believe thalanv offi ^'"'''' ""'"'"" °" 9«««'i«Il offi- ra«t which is null and vo,d ^ ''"'^'^ *="" ''^ '•-'^-' to execute a war- ' ^r'" ^^« -'^-^ «nd of Pohce, or to draw receipts for the mo,l . on^ -"'^" *° ''''^' ^hief same tune that the, should be prep J a u" 7"' '' ' '"''^ ^''^'" «' '^e the prosecution, so that these secuWtie 'nl "'' ''"" •* ""•^'^'^ '^"^vn in as possible after any Judgment disZ^iT^y '"'^''^ ''^ '^'--^'^ «« »oo any arrangement save what has appeCV n r •""'' ^"' ' ^"' "«' ««-re o " made for the delivery of the money " '^'' '"^estigation, having been Question by the Chairman^Yon hav. c . the duties ot the Chiof of Polie! th s.rr" '"' '"^'>' ^"^ "P''"-" of any part of his duty to hold private ilZ ' "' ^°" '^''^f^'^^^' to s y it wa, ers or talk with M. Sanders'or Mr 'p ^^^''^^''^^ ^"--^3 of ,L rai ! the.r suggestion, remove the money from If " '"' '^' '"'"^'^''' and at ;nto the Ontario Bank the day b"! T ' "'"' ^' '"^' ''' f'^'^- there during the sitting of the Co L, 'T"'"' °^ '^'« ^«'''«^«' and leave it vance of the decision ^f ,be Co.;; ^r/:.^:'';-'- --"ge w.th the J Tlj! A. The question which I am asked o^" '"' °' "' '"""'^^ ' -ny ..ct, that were it not ..r a i:;::tro;n::h::r I ^^^T'f '^""^ '- nwjiich I am.osked whether all ,' tfh* act» therein mentioned are not part of bin duty, I should be puzzled for time to answer it, but quoad his duty, he was not acting as Chief of Police at the time, in iny opinion, and, consequently, no answer is required to the ques- tion. Q. By the sanne.— I am not disposed to accept this as an answer for the in- formation of this Committee in reply to the opinion asked of you by me on Iheir behalf; wiU you please give such an answer as is expected, If you are pot prepared to answer our questions in the usual way of such enquiries, you will piet^se say so. A. As the Chairman apparently ba« misconstrued my answer, I aay that even if Mr. Ldmothe had acted in bis capacity of Chief of Police on the occasion in question, though tl^e acts cannot be considered as part of his duty, he not bet ing bound to perform them, I do not see that there is anything criminal or wor* tby of serious blame in his. conduct. Q. Do you not think, when Mr. Porterfield addressed the Chief of Police iq the lobby of the Court IJouse, while the Judge was yet on the Bench, and the prisoners in custody, for the purpcs" of obtaining the ntwney, that the Chief would have been justified m saying i > Mr. Porterfield that in as n^uch as the Judge did not, in giving his judgment, declare that the money should be given up to the raiders, and as a large portion of the money is said to have been takt en from persons not ^aiders, he, the Chief, wished for sufficient time to con^ ^der the matter *nd be advised as to where, when i^nd to whom he would deliver it ? A. Decidedly not ; had he done so he would have been playing into the hands of the other party. The whole of the money w^s deposited in Court ag taken from the raiders, either by the parties who gave their depositions or by others who delivered to the witnesses certain sun^s s^s having been by them taken from the raiders, or found in or about the places when they were arresl-r ed, Q. Is it not 4 fact within your knowledge, that Mr. Lamothe assisted in ai» ^ting the St. Albans raiders in October last, and if such be the case, what are we to understand when you say he could not be called upon to execute a war-f yant issued by any Judge in an extradition case 1 A. Mr. I^amothe's authority as Chief of Poliqe did not extend tq the district of Bedford and Iberville, be did not eyen act as magistrate on that occasion, be^ pause his commission is only for the district of Mqntteal. I am not aware that be arrested one prisoner, I believe tbfit he went there iperely tp assist Mr, vpursol. Q. "Were yoo present with the St. Albans raiders when the carpet bag con^ taining the stolen money was opened and distributed ? A. In the first place, it was not stolen money, it wc^s booty ; in the second «iai.A. I was not oresent. I ' - Que$tion by Mr. JifcCready.—Do yow consider that Judge Cawrsol woul^ the carpet bag conv Qoty ; in the second ndge Couriol wouI4 r„. D -r WILLIAM H. KERR. Ev'X'd^iits.::'-'''"' °' ''°""' """^ -"» "p- "'Holy I am sub.chief of Police and I have been connected with the Force since tea years I never remember, during all the time J was connected with th?F!rl? 1.™ by .h. Gov.,„™e,„. And f„„b„ d.p„„e„. „„h «o,, ,„d hath .,g„j . T. h.i ,. „ ''• P- naegle: Th. c„„„.el fo, the .ceased .!«, declared that he „ow clo«d .he d.f..c,. Yeaa— Leduc, Labelle. Naj-,_McC«ady,McGibbon, Rodden. Lost. ^CouocilW McCead, „oved ,ha. . repon he prepared and suhm,i..d .. riii ,-=:• ^-'« :? '-- "-" -^ -„::£: -.o .i^o'zr::: mm,;."" ™" '"" '°° '""'°"" •"" ""' ''°'""""" ''W l»f»" Ih. Com- ^1 I i 58 Thii was adopted by the Committee, by the following vote Yeas— McC ready, McGibbon, Leduc. Nay — Labelle. And it was resolved that the Committee do now ndjourn. FRIDAY EVENING, December 23, 1864. A special meeting of the City Council was held on Friday evening. His Worship Mayor Beaudry in the chair. There was a full attendance of members, and the galleries were crowded with strangers. The special business of the meeting was the considera- tion of the report of the Police Committee upon the charges brought against the Chief of Police in reference to the de- livery up by him of the money taken by the Raiders from the St. Albans Banks. The Mayor having called the meeting to order, requested the City Clerk to read the minutes of the meeting at which the charges against the Chief were made, which was done. Alderman Rodden said that before presenting the report of the Pohce Com- mittee, he had to request, on behalf of the accused, that he should be heard before the Council by his Attorney. The Committee agreed that he should, and he wished the Council to say whether it was their wish. It was only Jair that this permission should bo granted, in order that the Counsel for the Chief might have a full knowledge of everything that took place. Permission having been granted by the Council, Mr. Laflamme, Q.C. the Chief's Counsel, took his seat at the table beside the City Clerk, and the Chief was also admitted with him. Alderman Rodden then said that, on behalf of the Police Committee he herewith submitted their final report, and a motion for the reception of the •ame. It was not necessary for him at that moment to say anything further. -^^ Vfi-"!'- — j.,..^..,,^u ^!» \i^ tj\} tis ouuu rto iiic ici;uit was read* S9 i I The report was then read, ii being lo ihe eSect Ih.r ih. pi- r. h«J carefully „„1 im|,.r,ia||, ,■„„„„■,,„„ ",„«„,'. '^°' " '^'""•"'"'«' direclion, of Ihe Council M I'h. „, V "ccordance with the t» agree upon any r itme tZ u"' T' "" '""- """ ""' "»'"« """"'' lermined merely l„pre«,h. T? u """" °^ "" ''""• "">■ '"J 'l'" ™i»h.«eauch'::,i'::x';^:;r;xr"'''"^'' '° "■" "■- '^-" ,w^t:;;!;™;X™,:L^^^!;:t:hrc""t"rr'^""''^' ^^;^i::rifr:;ri''~-^^^^^^^^^^^^^ that Council, anJ ,h" Mm of ,£ .h *" ?' '"'"'' '''' " "='"'•«' ■>' of duly on the part ofThe d? , p 7' "" ""' """» "" ""'I'"'"" Curt. To thcs: eh::^:rt:: c:^z;;'z>:::i^tp:'''"'"" viuuai, mat he did not dispossess himself of if in «„ • per way ; that he did not refuse to execute th» L .u " ""f"""" reasonable time for reflection- and thJl «^«"«"f, but merely asked a cil for these matters as hevLolv. ^.\^'^^,r '''""^'''"^"•^^'<'^''« ^oun- e^ by a Court of tsU e 't ^^^^^^ ^""^ o«'y be decid- that he had received the ™one; as cJie^ /^ L trt^had T 'TT'"^^ self open to the other charge and that ihJ u , ^ ^''° '*'<^ bim- vestigation of the case ThVc i f ^asT^^^^^^ ^"''''' -''b the in- verba, statement, which he declL Tdot he a"er";T'' ^' "'^'"^ * Ro,ld.n then went on to give a review of 1 ^^''"'^ °[ ^'' '^"""sel. Mr. o.he.. gentlemen whom I Col:::;:: d'^^^Sr xt in^'"' Tt'^^ by Mjine that his ohiect was rnerelv lo r«ll ,h. ., ,■ """'^•' "-""eluding f.c,.. The co.plai j, had C^li'ltlZTX Z'TV' '" Council ,0 ,ay whelher there wa, grouni for it "no, 0„: ^1, " '"' ""* the Chief it was hia (Mr. R., du'y ,o call a.".:, to^'ht'f LTJ " '' deuce of hi. having been offered any reward for giving u»lh!™ "" way he did. Mr. Roddcn Ihou-ht the bulk of oj^ ', "'^ '" "" money could not he kept, hut .b;. ';',,'; br."„r.;:frh'''r, 'J' e'ven up, or that the Chief waa bound to make auH, 1" . , f'"""''' "^ i.s delivery before .he Judge left the slrwh I, ,h. .1 "' " "" ''''' '" addressing him, and before'the prisoners we're ^rtlH"''" ""' """" •h.., .iter the judgment of the Court, the Ch e^: d ,.av . rtoTr/ 7" :: :v: :"j..^°.""^ -^r--''" ^his ^ appears tThirf^ir.' J !( nav8 ber,. i„c: xiiosi juaicious course, it would have enabl^rf .h- '."' c..-mmg ,. to a„«. their right, and the delivery would h.;;^' ZlZ'" 60 I : legal instead of a clandestine nnanner. The Chief, however, says he thought he was doing his duty in getting everything ready, in placing it in a hank, and in providing himself with an order for its delivery to the discharged parties, the moment the judgment was rendered, while at the same time, it was shown in t le evidence that he had arranged to have the bag in his hand in the Court and would allow it to be taken by the representatives of the St. Albans Banks. These were the matters the Council had to decide and not a question of law. He (Mr. R.) would say nothing further at that time, but would claim the right of reply to any point that might be raised during the discussion.— He would not do so, however, unless he was attacked. He was heartily tired of the affair. He had been working at it for ten days, and was anxious to get rid of it a« speedily as possible. Councillor Higginson then offered the following resolution, seconded by Aid. Bellemare : " Th»t this Council having taken communication of all the proceedings of the Police Committee in reference to the investigation made by them into the charges made by Councillor Devlin against the Chief of Police must de- clare, that it assumes no responsibility in the acts which are the matter of these investigations, and is of opinion, " That during the whole course of the investigation into the conduct of the •aid Chief of Police, no proof whatever has been adduced by which his well known reputation, as an upright and honest man can in any wise be tainted or destroyed, nor the well earned confidence placed in his honor by this Ooun» oil and the public generally lessened ; " That in absence of any such proof, the first charge brought by Councillor Devlin to the effect, that the Chief of Police had, on the 13th day of December inst., without authority and by design dispossessed himself of a large sum of money, amounting to between $80,000 and $90,000, which was placed in his hands for safe keeping, to await the result of legal investigation, which sum oi money it is further charged the Chief of Police delivered to some person or persons not the legitimate owners of the same, and to the great loss and damage of the persons from whom the said sum of money was stolen, becomes a puie question of law, namely, whether the Chief of Police was legally justifiable under the peculiar circumstances under which he was placed to deliver up the money to the persons in whose possession the same had b«en found ; '• That a question of this nature it is not competent for this Council to decide, but should he brought before a Court of Justice for determination ; '« That while not giving its approval to the hasty manner in which the Chief of Police has acted on this occasion, this Council deems it its duly however, to state that according to the opinion expressed by mostly all the eminent men learned in the law, who have given their evidence during this in* Vestigation, there is nothing in the conduct of the Chief of Police in this case which is contrary to law, and that moreover it has been proven that the Chief oi Police before acting as he did, had taken previously the advice of competent f» he thought he 1 a bank, and in e[ed parties, the It was shown in n the Court and Albans Banks, uestion of law. 1 claim the right —He would not ed of the affair. get rid of it as I, seconded by proceedings of i by them into olice must de< re the matter of conduct of the vhich his well vise be tainted ' by this Ooun* t by Councillor ky of December I large sum of I placed in his , which sum of some person or }S8 and damage )ecome8 a puie ;ally justifiable deliver up the ind ; this Council to mination ; ' in which the >ms it its duly, ' mostly all the ! during this in'« :e in this case I that the Chief 9 Of eooipetent 61 n-T'; Tu'li '"'"'" ^"^ '''''""^ '^' ^**^" «"«"» of Edward Carter, Esq .u Led t^'mlT' "? '":"''r"-"y '^"^ '"^^ -'d 0»>-^ of Police hid con-' !!h K ,i^ "" "^"'"^ ^°""**'' ^^° ''^PO'ited the money in bis hands conirary, which order was never given. Chief o"/ PoZ'T/^T ^""'''' ^^ ^°'"'""'"' ^«'''''' "" *»"« •<'*«' ^hat the Cour f. n ^ ^ had refused to execute a Warrant, issued from the Superior ever '/ T ^°""''«^' '"''«'""«=h " 'here i, no proof that the Chief of Police tl at thi rl ; '"?'* "'' """"^ • '''' '' "^^ ''-" P--" on the contr ry dv e%^^"il3 ^ r'*^ « '^^•''y °^ ^•'^ nal case-a similar case never having come before him-and warrant, of the superior Court being not usually entrusted for execution to he C^f ^ Police. And whereas under these circumstances the Chief of Police was ius- tifiable in asking for a short delay ; ^ ^ .ccirttJ wT'°P '"t*'^' *^'' '^' '"'^"''*'°" "^^'^^ ^^^'f'^f Police be not «ffi? ,K^u """' • '"'' '^^^^ ^' ^ '"^"^^ *° <=o"'"'»e the duties of hi, office with the same ieal, activity and Integrity as heretofore.- Alderman Bulmer said that he hoped now the question was fairly before mar t ' T 1°'"''' """'' '"''' ^^- ^*^''-'"^' '^ *»« ^•'•l -y ««ark^ to make, to offer them at once. «"n«rKB Lamothe from the charges preferred againrt Wm. Mr. Laflamme said he was ready to proceed, atfd went on to express hi, gfeat astonishment at the course pursued in so grave a matter by the gentle- man who had made the complaint, in declining to come forward to support if. How was .t that that gentleman did not rise and support the grave accusation u . /" °'^" '" ^'^' '° '^^ P"'y »"""d 'he only opportunity he could have of tnsweringr the charge. It was for the defence to ask what the accusation meant. The Chief was charged with having dispossessed Wmilf of the money "without authority and by design." What design t Well it had been stated that dodges had been resorted to. He would have liked that these dodges had been pointed out. Nothing but a fair defence had been re- sorted to that he knew of. When the pa.ty accused was called upon he made the plainest statement he rould. He said the matter was one "over which the Council or Police Committee eould have no jurisdiction whatever." that was certainly the question that ought to be taken up. Then the Chief alsry said that he never received the money as an officer of the Corporation, but that he was entrusted by the Jndge of the Sessions with a certain amount of notes found upon the persons of certain parties arrested under the accusation — "s '^" ""^ =«f«^- ^Vas ihai noi a fact 7 Could any one sav he re* ee.ved it as an officer of the Corporation? If he acted as an officer of ifee it I ,!' 62 Council they were bound, and it was their duty to have ascertained that fact first, because if he did not, it was not for the Council to investigate the mat- ter. Then the Chief said that having heard the judgment of the Court dis- charging the prisoners, he felt himself legally bound, advised as he was by pro. fessiorial men, to restore the money immediately. Thecc-rectnessof this course had not been impugned, and no legal man could be brought to do su. Then having been requested by the discharged pafuies lo deliver to them, themoney, he did so under the impression not only that he had a right to do it, but that it was his duty to so act. Was there anythin? more precise than this defence? Then he said he had no verbal statement to make. He (Mr. Laflamme,) would like to see what any one else would do under sim-lar circumstances. Was it surprising or a matter ot reproach, that the Chief of Police, facing a man of legal knowledge, the first counsel in criminal law at the Bar, should refuse to make a verbal statement, or proceed any further without advice? Was not the accusation one that comprehended something like robbery, and if it left him obli-ed to defend himself against any possible charge, was he to stand there without counsel and without advice, and not claim lime to see what was the nature of the evidence ? Because there was no lawyer even who could see how far this complaint might not go. Well, tbfit was the "dodge" to which the party accused resorted. Then the party complaining, finding that this was not enough to satisfy his vengeance agaiost the ChieV brought another accusation. It was perhaps less comprehensive in its char- K-i'ter, because it maintained but one specific allegation, that the Chief refused to execute a warrant. Well, in reply to this theio was a plain statement ot the fact. He, Mr. Laflamme, contended that the question was one of law and that the Chief could not proceed at the outset without first ascertaining that legal point ; and if it had not been under the impression of anger and fear which prevailed in the community, and which stifled every man, 'there could not be one man in that Council who would entertain a different view from bis (Mr. Laflamme's.) Bi ' it was because it might be taken as a peace of- fering, that it was felt that s(,me sacrifice shoul 1 be made. (Hear, hear.) But if they were to make peace cferings and sacrifices, let them not make asacri- fice of principle. Let thorn examine calmly and impartially a matter of this description, and not put upon his trial a man who had never been subjected to a suspicion ot fraud or dishonesty, but had discharged his difficult duty without showing any partiality or favor. (Hear, Hear, and cheers.)-. The learned counsel maintained that the first question was one of "law — The Chief acted as a depositary, and the first question was whether he was right in delivering over the money. Because if he acted illegallv he was either civilly or criminally responsible. But the learned counsel contended that he acted legally, and that if he had not delivered over the money he would have beert responsible, and would have been made responsible to the parties claiming it. It certainly was the first time he (Mr. Laflamme) had heard that a man who acted legally was to i e held responsible (Hear hear.) A5 the- complainant did not enur iuio an examination of this legal point *^ 63 wi,..ed ,0 avoid .^r::t:,.i„ "ir : """ : t"'" " "' ""'" "" •^'-f ■hat i, hadri K t "^ '" ' '" '"'"' " '"""» "> "'-' Chief of Police S(V and Kerr R.if tk„ i i . " fe'*^^" °y '''essrs. Dorion.Cas- J. Jt": :::, ::'o::, ^:::: xr; :°:if „i:r" r ''^' '"" to that Council, because annn. -. i! , . *'^""'^ not be made amenable there any one kriowintr rhat iho T.„i contrary. Was :a:re„:;:r;::^;„«;-'::rLL": -'' •-"-->»-:: wa, by M,. Ca,.„, ,J,, ^.h sol S J/ «: r„' ff ■""" 'V' excitement caused by the affair he (Mr r ?' , ''"" '"' ""> pmhably have remembered , he fact hi b i' "° "^' '*''■• <^'"" "O"'" .ha. he „.»s bound ,o ,.::„;,;!':; hLtt "r"" •" "■» ^"" .he Crown om,er rep!-e.en„L» -he Z^ul^rth If'o'f ^^ '"' '"'"' "" ."S the l„,,., suting ,0 He ci„c, », Police ,b« ,, w.. / ,""""' '"*"" "P .ha, money ,be moment ,he priso,,, l, '. dilh.r [T '"'' '" «'" contrary wa, given. Ar,d he (Mr L^ IZ '"f"'^"'' " "■> «"l" >« .l.« .00. any other office, and let him ; .ecu eTi:'!:"' ''""°"°" '""' '' "»^ bronghtb,f.M.acomoMssionof,heGove°„m.n, T' "'"'-''" ''™ >■• cil, if Ihey „ere acting as jurymen . "nld ?h ' ^' "'°"''' "^ "■" '''''"»• f( '" Hg|M It ,:" if y; I? ifi Hi 1 ! / ■1 I 1 1 , 1 i; .1 $4, toppoied that would be the point as the one of the legality ot the delivery coald not apply. If the accusation was that he had gone beyond his ordinary dutiM in this way, it resolved ilselt into this, that in a case where the Chief of Police was noade the depositary of money, and when a City Councillor happened to be retained for the prosecution, and failed to take out an attachment, the Chief of Police was to be made responsible for his omission. If the Chief of Police had held a different relative position to the counsel complaining ; and if he had then acted as the party complaining would have had hirr act on the present occasion, there T^-ould in that case have been another complaint of his having held on to the money, and the learned Councillor would not have hesitated for a moment to call upon the Chief of Police to hand over the money. The order would probably have been given beforehand, and if the Chief of Police bad hesitated to give over the money, then the thunders of the learned gentleman would have fallen on him indeed. (Hear, hear.) This was not a case of robbery, however parlies might differ on the question. The parties suffering had not so Viewed it. They had advertised it as a " raid." It was bad and irregular warfare he acknowledged, but still it was war. The discharged parties com- mitted the act as soldiers, and brave soldiers too, notwithstanding that they had committed something irregular. (Hear, hear.) It was the invariable practice for parties going to the Chief first, to receive the money, in the absence of any order. And the parties looking for this money took the necessary pre. cautions, and told their clients to get everything ready and not be taken by surprise. He (Mr, L.) supposed it would also be brought out that the Chief of Police had an iflterview with Mr. Porterfield. That was something very serious ! What was it ? Some conspiracy ? No, but he was called upon after the Chief was told he would be held responsible Tor any delay in the matter, and Mr. Porterfield was pointed out as theg-entleman to whom the money was' to be delivered. Was it the duty of the Chief to disclose to the other party that this had been done. No other conversation occurred at the interview, and after the judgment had been rendered Mr. Porte-field showed his authority to receive the money, and he got it. They would find nothing showing any other dis- position on the part of the Chief than to do what he was told and believed was his duty. If a man's character was to be taken away on evidence such as that submitted in this case, then it would be dangerous indeed to be an officer of the Corporation. The Chief had not entered by the '* back door." There was no back door to the Bank. But the question was not whether he entered by the front or the back door, but at what time he received the order. It had been proved beyond a doubt that the parly who gave the order only gave it half an hour after the delivery of the judgment. The learned gentleffian next proceeded to the second charge, of the refusal to execute the warrant. On this there could be no difficulty. Here was a Court of Justice, legally established ml!.^^"°'""'^"'^"""S Chief nr '^ evirlence further proves thnu, u _. ^"^ '« conUnue.— Ar.- p . . ^ . <=ons.dering the ia,e„es« of the ^00' . T''^'' ' '"'S'^' advert Z' J '"T "majority of the Council will sancUon 'the 1 "^^^'■"^>' '^^^ ^ h.le Lt' this subject without warninc von .^ .1 '""°^' ''''"'ever take L you are seemin<»lv «n / "'"^ ^^^ "^ the consequences nf *u ^^* '«ave of taldsrega^iof he, /' ^'''"' ^^'^'^ -th pa"^ ia^tt ?'^ '°"'^' ^^^ the conduct of an officer, sworn to act impartially, who has thus acted ? For my pavt, I have no hesitation in saying that knowing the judgment of Mr. Jus- tice Coursol before its delivery, he conspired with Southern agents for the defeat of the ends of justice, and with the express object of putting it out of my pow- er to recover back the money which had been stolen from my clients. It hat been said on behalf of the Chief that I ought to have attached the money. My answer is that I did not for an instant doubt the integrity of the Judge or of the Chief of Police. Had I had any reason to do so, I would have taken care to render ineffective the conspiracy v hich has ted to such sorrowful re- sults. Justice Coursol 1 have Ifnown well for many years, and never had I reason to suspect his fairness either in his judicial or his private capacity. In him I trusted largely as I also did in the integrity of the Chief, never suppos- ing for a moment that Judge Coursol would have forgotten his own judgment, which as I have already stated, pledged him to a decision in one case only. Here I must not omit to mention that the name of Mr. Edward. Carter, Queen-a Counsel, has been freely us6d during this discussion, with the object of proving that he advised the delivery of the money. It is due to that gentle- man to state that the contrary is the fact, and I willingly avail myself of this opportunity to say that the prosecution so unhappily terminated was greatly in- debted to the professionnal zeal and well known ability of that gentleman for the success that attended it up to the moment of its unexpected and unfortu- nate tbrminalion. Mr. Mayor, with this statement of the events which led to the charge against the Chief, I will connmit the matter to the judj;ment of the Council, still confident from what I have seen and heard here this evening^ that the enemies of the United Stales will achieve a second trium[)h at the expense of justice before this tribunal. Permit me, however, to warn you tha it is quite possible a day of reckoning may come, when upon sober reflec- tion, gentlemen may find reason to regret the hastiness of their decision. For I believe that so soon as it becomes known in the United States that it is use- less for the people of that country to apply for justice to our tribunals, tli?y will in their own defence, adopt means to secure themselves against a repeti- tion of the injustice which they have already experienced at our hands. Hi- therto they have been our friends. Notwithstanding the terrible conflict ir. which they are engaged, involving as it does the life of their nation, they hav*t not for a moment forgotten their frieiidly relations towards ui. They have maintained their social and commercial intercourse witn Canada intact. They have bravely fought their own battles, asking no greater favour from us than that we should remain neutral spectators of the national struggle. But, sir, ] tell you once more, that so soon as they find out that the murderers and robbers of their peaceful citizens can find not only shelter and protection, but also syn. - pathy in this Province, the people of the United States will never tamely sub- mit to be thus trampled upon, and the result will inevitably be, that for oui mistaken and ill-judged sympathy with the wily agents of the South, who are here plotting and planning as to how best they can embroil England and the United States in war '.o subserve their own purposes, we in Canada will be 7t fall upon those who are prepared to dnTh -^ ' '^' *^* responsibility ty «o sad and terribIe--o L S ^ ° J^^^^^^ '" """g'"? "Pon us a calami^ --t. (Hear, hear, and loud applaalZ) "" "'" ""'''' '' ^^^ ^od to ter, allow dust to be thrown into theirevl, T"'^ '^°"'^' '" '^^'^ "•«». «"nple question of right and wtn'l afto he" . 'f '''"''' ^" """^ ^» «^« Bf "::::.^i:^-:tt::::x:f^^ --es,butb,adesire .. nacfa. (Hear, hear.) He wouwloo L T """" ""'^ ^^ «''^*^"«d by in Ca- cil. understood to be i„ f.ro ,L'l 7 "i:"'"''^ ''' '' '» t^L Coun- Whether he would conscwent on! /si' '' ^"^'^^ ^y their votes, to say With Mr. Larr.othe's conduct in^W^urthr"''^ '" '''' ^-' -^'«fiej He (Aid. B.) had spoken to nea ly eCv IT!^ '" ''^ '"anner described, there was one who would say private y the Ch.f 7' ""' ''' ^'^ '« ^^^^n were nef and clear. The evidence showed „ .:'''' "»''• ^^^ ^^'^'^ Ch.ef having acted '< by design" was borneo.f "I ' '^'' '''' ^^«^S« «« t° ^he had reeved any .ewafd the^eforlL f oTn i \ ??°' ''™^«'' '*>« ^hief hnduso. BuuheC.,ef,„.oved ''b" X X" '^^^A^.^- ^O was glad to friendship for .he ra.ders to put h,m in 1 "^ ^'^ sympathies and What were the facs ? There w' " ' 2^^'''' ^« ""^'^t not to occupy! ; — rprised ,he l.g., gentle Jni; .1" ^rZ ''-'^ ^"''^"^^^ ^^^'^^ '--• at which ihe Chief had had a convt/ r "°".'-'^'^~"'"h reference to the -reference to the disposal of :':: ^:Z T, ''' '"''' «' ">« Session Judge deposed that eight or ten days bel e hT . '"'''''' ^'^^''^^S^' The conversation with tne Chief on .he' u • c" w\ll fT' "" ""■^^" '^ '^'^ - the Oh.ef on the Thursday before thr i,2 ' ^ ^''"'^''' '""^'^ ^e spoke to V.OUS thereto, and also on'^^he F dl; o J ' "' ''"'^ '"'' " ^^^ 4s pr^! day succeeding, or only three d Ye Thrfui, "' '"". '' ^'^^ ^ '^^ ^^tu ' (Sanders) of h,s h. ving just consui.e i Me^;-" c'""';' '''" ^''^ ^^'^^^ told him ^'dhimthatin case of the raiders' dilr: >:"'"' ""^ ^^-'er, who had When we considered that Sanders hnd L- r '""'' ^'^« "P «he money and that there it was arranged th mot;\tuId"bT' ' ^ '"^^^«^'^'« °« -i «nd when w« knov/ that the Vh,.e k ! ^* ^'^"'^ '" 'he Ontario R«nf ." -h. jud,.e„t ,.,., ,':t " : b "zt 'T '°"°"" ""■'™""« given his word o( !,„„„, (., ° , ,f„ ° . • ,*'»■■> "« know lh.t Ihe Ch.,., fc.j .h.. h. w„„,d „o, ,,., „<:::::;"::,;:; i^!^!_'»"- -- f- s'^.i^r, 1 ^ f n ready at the Bank on Tuesday; and when on the delivery of the judgment Mr Porterfield, whoae office was next the Bank, should be the first to leave the Court and meet Mr. Lamothe in the passage, and immediately give the order for the delivery of the money 1 Was that fair play ? It was well known that Mr. Lamothe found himself in a difficult position. He wanted legal advice, and where did he go for it ? It was ridiculous to think he should have gone to the attorneys for the raiders therefor. All things considered, it appeared to him (Aid, B.) that the Chief acted in a very injudicious manner, and " by de- sign " in this matter ; and that he gave up the money to the wrong parties.— He tried to nnake out that he was not in this affair, acting as an officer of the Corporation. ^ But if not, whose officer was he ? Judge Coursol stated he gave him the money as Chief of Police. If he wanted legal advice, why not have gone to the proper quarter— the Attorneys ot the Corporation, or the Mayor ? He didn't do so, however. He (Aid. B.) must record bis conviction that by the Council'i adopting Councillor Higg-inson's amendment, Montreal, throu-ih its representatives, would be endorsing the act of the Chief and that of the rard^ ers also. It would be very unjust for 13 members to put the city in this false position. Whatever the result, he would vote against the amendment, though he regretted being compelled to take this position as regards Chief Lamothe ; but in a matter of this kind, private feelings must give way before a matter &'iixting the public interest. (Applause.) Aid. RoDDEN could not give a silent vote in this question. The Alderman proceeded to comment upon the salient points of the case from the appointment of the Police Committee to conduct the investigation, and to reply to some of the arguments for the Defence, contending there was evidence of the Chief's having acted by design, and of having favoured one party to the injury of the other, and expressing his belief that none could question that he had allowed himself to be drawn into a net by his friend Mr. Laflamme, one of the counsel for the raiders. He (Alderman Rodden) could not overlook the evidence con- tained on another page, given by Jarton, to the effect that if the prisoners brought up before the Court were discharged, Mr. Devlin was to take the bag out of the Chief's hands and he would not resist. This was playing fast and loose, and sufficient to justify an accusation of design against the Chief. The Chief found himself placed in a difficult position, and the parly for the defence got the soft side of him, and induced him to leave the money in the Bank in order that it might be the more easily removed by those acting for the raiders without the knowledge of the claimants and in a manner which effectually prevented the discovery of the holder of it, in time to cause its seizure before finally distiibu,ted. If design was not proved by this portion of tne evidence, what proof was wanting ? Another question was that of delivery. In this there was clearly a design of depriving the real proprietors of the money. Had there been no intention to favour one side, the Chief would have made the delivery in a public manner and thus given *:.oih parties an opportunity to es- tablish their claims. If the design had no? been carried out, the money would ^avt i>sfln seized, and the Chiefs /riefids. among whom was Mr. Laflamme, i 73 have led him to M^ Porterfield' house and fu' ^* '''''''' '^°""^ on the money and the raiders The" l" fro^t ^ '"' '" '^""^ ''"''^ that the Chief 8poke very sharrlt to th« ''JT. ' ''''''"" "^ ^^'•- I^''<^l>i« orders either f.oL him orVnyT 'd 1^?;'^' '\"«^ "°' ^"'"« ^o take "d Mr. Laflamme should attlmnt to ,hr "^ """ ^*"> ^^^ "f°"'«h. circumstances ? I„ste d o treChi f h" '" ''"' ^^"' ^'^^^ ^«'« ^^e rnen, as iVIr. layman tated hi Lh. T' '""' '''""^ '''' ''^°^'"" ^''^ hi- raiders and .no'ney M Lafll mme'h'd f '' "^"'"'^"^'^ '° "'^^P^"- "oth of le,a. argument! as to tLl^lbi^v or n^ rir"' ^" ^'™"' '"'"^ '" ^ ^^^ fulfilled his oath of c/fice (The Xl^rr^^ h^ °"'' ''''•^^- «« ^^^'^ "• * Bwore faithfully to execue an dn, "'" '''^ ''^^ °*'h.) The Chief constable. ^ ' '" ''"'''' ^^ •=°»^'^^'«' l>"t he had .aid he was not a Alderman Co^TANT-He was not under oath then ? Alderman Rodden THp rhiop «= u- /• exercise the best of his iLlen t ' r ' "'I""'" °^'^ ^"^ ^^^ ''^"nd to of Montreal at leastZ on many oc'^lf "? J'!.'"'" '" ''« '^'■•>' ^^ '^-^-^ a.o, on a mere tele.'ram,;: 7Z^:r:: I, ^a^ frr^ef ^ ^^ '"""^ "'"« man. He risked the matter then because he had no H ' '"e^Pecfable case had refused because he had a design On L P. T'. "' '" '^' •"*^^"* (Aid. R.) had felt great pleasure in rpo'sin^alco^fif' ""'°" '' '""''' "^^ and assisting him in the management orhelteHer^'^'w 'iT' ''"^^'"^ until 12 months ago, when circum,f,„ f« ^'ad felt this confidence that the Chief was w ak, and bH be ImrT"' "''^' ''' ''"" '" '^'^^^ jhehandsofhisCommitt. into those o^^e^:^^^^^^^^^ '«^ -t of thmg more. A question had been brought unThaf "'*'°"'>^ °"« it as introducing sectional feeling As I LLfh "'' ""^ *>^ ^«g^e"ed tional feelings, as he believedSce othtTo 1 ""'"" T '"^"^"''^^ ''^ na- he trusted all would be done iW^^^^ «' »»>-,. and which had fallen under his obserX ^^ co ,,'''"'' "''"'"^^«"'^« another, which was not however intended'forth I ' '""''"^ " '^'""'^ »° must not let our compatriot be sa ific^d fh k '"'f '^'^ ^'"•s, had said, " We Was it possible it had com o hatf Th'e ' ' ."t'""" '' '''' ^^^ ^W-" believe that an inducemerhad be n he J-^"^"-' ■'"''' ''' ''' '''"^ '° ciltogowith his French Cana a„ -l; ^haS ''' ^^""' s.ts down, writes a motion, but does no wa 't itTo b ' ^"' ^*"'^«"''"» 80 he goes to the mover to have it re .0^,?/ . '""" '" '^'^ hand-writing, of a Councillor of the Centre Ward wSl' rl ''" f^^^^^ed as a production orSt. Mary's Ward. He wouTd 1^ n r t "^ '^' ""'*'°'' '« « Councillor solemn protest against "yTh^: 'j;"^t" Z VV"'^'''' '"^^"'" ''•» Chief. He (Aid R.) stooJ therV df ^3 d'u y f^iC "^^" *" "^^ '"« " ""' '""""■" ''°''" "■' »•"""•'• H. h.d ,„,d ,h. com„,m„X ;;;;' i 1 ■-< i ■>' 1 j ill ■ zzzi 74 no right fo squire info his conduct. But were this sanctioned, he would soon be independent oli the Counci., and not only he, but 100 men, with bayonets, under his command. The Council must shew by its wisdom that they know how to manage such men ; and wisely direct their Police Force. He (Aid. Rodden) had no desire to deprive the mover of the motion put in his hands by another member, of his right to reply, and would then biing forward a mo- tion to accept the Chief's resignation. By an opposite course they forced him to retain power, and were doing him a manifest injustice by seeking to keep bim in an office wherein he had lost public confidence. Jf he was capable of filling a better position than that of a mere Chief ot Police, with some £300 a year, his friends whom he had thus served would no doubt provide him with a better. The Council, out of respect to itself, ought to accept his resignation. (Hear, hear.) Alderman Lym«n thought that if the members of the Council reflected on the question they must come to the conclusion that the charges prele'red by Councillor Devlin had been fully proved. The question was, that without au- thority and by design, the Chief had dispossessed himself of a large sum of money, stolen from the banks of St. Albans. The Attorney for the accused tried to make out that this was a legal point. He (Aid. L.) did not think it was. It concerned the conduct of an officer of the Council and the Council consequently had the light to investigate it. They had been told that there was no proof of any consideration having been offijred or taken by the Chief. He (Aid. L.) did not expect, nor did any one else, that any such proof would be made. In all such cases there were many ways of making things pleasant. In Parliamentary elections there were many such things. (Of course City Council elections were pure,— laughter,) It appeared that on the Thursday previous to the judgment the Chief met Mr. Sanders at the Danegnna Hotel. The Council might suppose that the conversation had was in relation to the malteis of so much interest to theaa both. It was also very clear that Mr Sanders on calling upon Mi'. Lamothe must have alleged some reason for ir. They mi^ht suppose that Mr, Sanders told Mr. J.amolhe that if the money were in his (Mr. S.) hands, it would be no safer than if it remained in those of the Chief, inasmuch as he (Mr. S.) was so '' notorious." Therefore he (Mr. S.) would take the Chief to a gentleman in whose hands it would be safe. Now did not this look something like design? Else why such plotting? From his (Aid. L.'s) experience, he believed that all men were actuated by ■ome motive in their conduct. It was very plain that Mr. Lamothe went with Mr. Sanders to deliver up this money. Was this not design ? What reason did Mr. Sanders allege for the interview with Mr. Portei- field? Why he said he thous»ht Mr. Devlin was so very smart that unless prompt action were taken the money would be seized. Was not this design? If there had been no design what would have been the conduct of the Chief? It was a very important matter, and it would be supposed that be would copsult his attorney. But instead of that he consulted the very man most interested in its delivery. He (Aid. L.) must say the Council ■■.■^JiiJiiaSii£X\':i-zi2triiJS;!:!:iSSj.PiK^Li:.t»majtarrSi^^ — »^~im^^ (d, he would soon 1, with bayonets, that they know 'oice. He (Aid. put in his hands ig forward a mo> they forced him 8eel(ing to keep e was capable o^ ith some jCdOO a >vide him with a his resignation. ncil reflected on ges preferred by that without au* f a large sum of for the accused ) did not think it and the Council a told that there !u by the Chief, uch proof would things pleasant. Of course City n the Thursday ►anegnna Hotel. 1 relation to the Y clear that Mr le reason for if. at if the money ined in those of srefore he (Mr. : would be safe, such plotting? re actuated by Mr. Lamolhe is not design ? ih Mr. Portei- ry smart that zed. Was not sen the conduct J supposed that lilted the very y the Council 75 ! vronid be going very far from their duty if they failed to record such a decisioo in this case as they would not be ashamed of hereafter. The counsel .'or the accused tried to make it appear that th« Council were acting under sorte feel- ing of /ear. Coun. Lyman looked at the matter in a different .light. It was an important case. There was no threat held out ; but they were there to do justice. The impression created here and in the neighboring country bv what had occurred, was that there was some collusion or design. He ce'rtainly should not be in favor of whitewashing the Chief of Police in this matter. Upon which evetiing it was further adjourned till Tuesday Evening, January 3i-d, 1864, when upon the following motion the Chief Resignation was acce,,t- ed: — After some further remarks, which were inaudible, Coun. Stevenson moved, seconded by Coun. Bowie. "That this Council adjourn until seven o'clock this evening." Coun. McCreadt! said if the mover would make it Wednesday he would vote for it. Coun. Devlin requested the mover of the motion to withdraw it. Aid. Rodden thought that a week's reflection would do good, and was in favor of Wednesday next. The votes being taken, the' motion was lost— 7 for and 18 against. It was then moved by Coun. Stevenson, seconded by Coun. BoW-ie, " That this meeting adjourn till Wedn.slay evening next, at 7 o'clock." Carried on the following division : Ayes— Messrs. Bulmer, Goriie, Rodden, Lyman, Donovan, McCready, Mc- Gibbon, Dtvlin, Lamoureux, Stevenson, McNevin, Bowie, McGauvran—lS. Nays-Leclaire, Bellemare.Grenier, Contant, Martin, Poupart, Labelle, Go- yette, Rolland, David, Higginson, Leduc— 12. The Conncil then, it being near three o'clock, A. M., adjourned till Wednes- day next. Moved by Coun. Stevenson, seconded by Coun. Bowie :— " That this Coun- cil, having duly considered the evidence produced in support of the charges preferred by Councillor Devlin against Guillaume Lamothe, Chief of Police hereby declares its opinion that the Chief acted precipitately and imprudently in giving up the monies entrusted to his care, and although nothing has been shown to warrant the Council in believing that the action partook in any degree of dishonesty or corruption, yet nevertheless, taking all the circumstances into consideration, it is deemed desirable to accept the resignation of his office tend- dered by Mr. Lamothe, and the said resignation is hereby accepted." Yeac— McGauvran, Hig^inson, Bowie, McNevin, Stevenson, Devlin, Mc- Gibbon, McCready. S.oasdcn, Donovan, },yman, Hod(.'en. Gome and Bulmer— 14. • . :^ . ,- Nays-Leduc David. RoHand, Goyette, Labelle, 'Lamouretix, Poupart, Maitin, Contant, Grtnier, inc Ledi:c— 1 1. l^t^im,S-2au- »-^J'CTa»t- .'. mti^imxtimmtiSm^^.m--'-aM,^tHm«, It, • J I • • < « • 3 « « • t > • • '^ ». ■ ' r r /S Justice Coursol'8 Judgment over-ruled by Judge Smith. men,^ T^'J^^ ^1'' ""^""^'y-a '"".t elaborate Jndg. ment was rendered by his Honor Mr. Justice Smith upon ^e same question of jurisdiction raised before Mn Cou"s " .0 hif ": H-'"""" r^P'-^'^'y '''■^P°-<' of 'be object „ to his jurisdiction, and established beyond alJ doubt the incorrectness of the grounds upon which Mr. Coursol ba ed his judgment. His Honor held that our Legislature had pmvKled the most ample means for the exertion of our Treaty relaUons with the United States.